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HomeMy WebLinkAbout10/28/2003 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-15 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-29-5. COMMERCIAL USE TYPES TO INCLUDE A NEW DEFINITION FOR "OUTPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE CENTER" AND SECTION 30-54- 2(B) C-2 GENERAL COMMERCIAL TO ADD "OUTPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE CENTER" AS A USE ALLOWED ONLY BY SPECIAL USE PERMIT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That Section 30-29-5. Commercial Use Types of the Roanoke County Zoning Ordinance be amended to read and provide as follows: Outpatient Mental Health and Substance Abuse Center.- Establishments with medical staff providing outpatient services related to the diagnosis and treatment of mental health disorders, alcohol, and other substance abuse. These establishments may provide counseling and/or refer patients to more extensive treatment programs, if necessary. Included in this use type are outpatient alcohol treatment centers, outpatient detoxification centers, outpatient drug and substance abuse centers, and outpatient mental health centers. 2. That Section 30-54-2. (B) Permitted Uses of the Roanoke County Zoning Ordinance be amended to read and provide as follows: (B) The following uses are allowed by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV. Use and Design Standards, for those specific uses. 2. Commercial Uses Outpatient Mental Health and Substance Abuse Center 3. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: ?&"& Q - kfo4o- Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors s 2 cc: File Circuit Court Clifford R. Weckstein, Judge William Broadhurst, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Charles N. Dorsey, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, 11, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Francis W. Burkart, III, Judge Theresa A. Childress, Clerk Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Gary Robertson, Director, Utility Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue 3 CERTIFICATE OF CLERK The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that: 1. A regular meeting (the "Meeting") of the Board of Supervisors of the County of Roanoke, Virginia (the "Board"), was held on October 28, 2003, at which the following members were present and absent: PRESENT: Joseph McNamara, Chairman Richard C. Flora, Vice -Chairman Michael W. Altizer, Supervisor Joseph B. "Butch" Church, Supervisor H. Odell "Fuzzy" Minnix, Supervisor ABSENT: None 2. A Resolution entitled "RESOLUTION 102803-1 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE AND SALE OF WATER SYSTEM REFUNDING REVENUE BONDS" was duly adopted at the Meeting by the recorded affirmative roll -call vote of a majority of all of the members elected to the Board, the ayes and nays being recorded in the minutes of the Meeting as shown below: MEMBER VOTE Supervisor Flora Aye Supervisor Minnix Aye Supervisor Altizer Aye Supervisor Church Aye Supervisor McNamara Aye 3. Attached hereto is a true and correct copy of the foregoing resolution as recorded in full in the minutes of the Meeting. 4. The attached resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the County of Roanoke, Virginia, this 28 day of October, 2003. Diane S. Childers, Clerk to the Board of Supervisors of the County of Roanoke, Virginia [SEAL] AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 RESOLUTION 102803-1 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE AND SALE OF WATER SYSTEM REFUNDING REVENUE BONDS WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), has determined that it is advisable to refund, redeem and defease all or a portion of its outstanding $35,625,000 Water System Refunding Revenue Bonds, Series 1993 and $18,915,000 Water System Refunding Revenue Bonds, Series 1993B (collectively, the "Refunded Obligations") through the issuance of its water system refunding revenue bond (the "Bond"); WHEREAS, the Bond shall be issued pursuant to a Master Indenture of Trust, dated as of October 1, 1991 (the "Master Indenture") between the County and SunTrust Bank (as successor to Crestar Bank), as trustee (the "Trustee") as previously supplemented and a Third Supplemental Indenture of Trust (the "Third Supplemental Indenture") between the County and the Trustee; WHEREAS, the Board has determined to cause the Bond to be sold to the Virginia Resources Authority ("VRA") pursuant to the terms of a Local Bond Sale Agreement (the "Local Bond Sale Agreement") and a Financing Agreement (the "Financing Agreement"), each between the County and VRA; and WHEREAS, the foregoing arrangements will be reflected in the Third Supplemental Indenture, the Local Bond Sale Agreement, the Financing Agreement and the Bond, forms of which have been presented to this meeting and filed with the County document; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Bond in the maximum principal amount of $57,000,000. The issuance and sale of the Bond is hereby authorized upon the terms set forth herein and upon such other terms as may be determined in the manner set forth herein. The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, to refund, redeem and defease any or all of the outstanding maturities of the Refunded Obligations, as determined by the County's Chief Financial Officer. 2. Award and Sale to the Virginia Resources Authority. The award and sale of the Bond to or at the direction of VRA is authorized. The Bond shall be delivered to or upon the order of VRA upon VRA's payment of the purchase price to be set forth in the Local Bond Sale Agreement. 3. Details of Bond. The Bond shall be issued as a single fully registered bond. The County Administrator is authorized to determine and approve all of the final details of the Bond, including, without limitation, its dated date, original aggregate principal amount, interest rates, payment dates and amounts, redemption provisions, and the purchase price of the Bond to be paid by VRA, provided that (i) the aggregate principal amount of the Bond shall not exceed $57,000,000, (ii) the true interest cost of the Bond shall not exceed 6.0% (exclusive of Supplemental Interest (as defined in the Financing Agreement)), (iii) the final maturity of the Bond shall not be later than December 31, 2031, and (iv) the purchase price of the Bond to be paid by VRA shall not be less than 95% of the original aggregate principal amount of the Bond. Following the pricing of the corresponding VRA Bonds, the Chairman of the Board or the County Administrator, or either of them shall evidence his approval of the final terms and purchase price of the Bond by executing and delivering to VRA the Local Bond Sale Agreement, which shall be in substantially the form presented to this meeting, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Local Bond Sale Agreement. The actions of the Chairman of the Board or the County Administrator in determining the final terms and the purchase price of the Bond shall be conclusive, and no further action shall be necessary on the part of the County. 4. Financing Documents. The Chairman of the Board and the County Administrator, or either of them, are authorized and directed to execute and deliver the Third Supplemental Indenture of Trust, the Financing Agreement and the Local Bond Sale Agreement in substantially the forms presented to this meeting, with such changes, insertions or omissions as may be approved by the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Third Supplemental Indenture of Trust, Local Bond Sale Agreement and the Financing Agreement on the County's behalf, and the County Administrator is authorized to complete the Local Bond Sale Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3.. The County agrees to pay all amounts required by the Financing Agreement, including any amounts required by Section 6.1 of the Financing Agreement, including the "Supplemental Interest," as provided in such section. 5. Redemption of Bond. The Bond shall not be subject to refunding or redemption without the consent of VRA, as provided in the Bond and the Financing Agreement. 6. Pledge of Revenues. The Bonds shall be limited obligations of the County and principal of, premium, if any, and interest on the Bonds shall be payable solely from the revenues derived by the County from its water system, as set forth in the Bonds, the Master Indenture and the Third Supplemental Indenture pursuant to which the Bonds will be issued, and from other funds that have been or may be pledged for such purpose 6 2 under the terms and conditions of the Master Indenture and the Third Supplemental Indenture. Nothing in this Resolution, the Bonds, the Master Indenture or the Third Supplemental Indenture shall be deemed to pledge the full faith and credit of the County to the payment of the Bonds. 7. Details of and Sale of Bonds. The Bonds shall be issued upon the terms established pursuant to this Resolution, the Master Indenture and the Third Supplemental Indenture. The Bond shall be in substantially the form of Exhibit A attached to the Third Supplemental Indenture, with such variations, insertions or deletions as may be approved by the Chairman or Vice Chairman of the Board and the County Administrator. There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 8. Evidence of Approval. The Chairman's or Vice Chairman's and the County Administrator's approval or determination of all of the details and provisions of the Bond that they have been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by the execution and delivery of the Bond on the County's behalf. 9. Execution and Delivery of the Bond. The Chairman or Vice Chairman of the Board and the County Administrator are authorized and directed to execute the Bond and the Clerk of the Board (the "Clerk") is authorized and directed to affix the seal of the County thereon and to attest such seal. Such officers are further authorized and directed to deliver the Bond to or at the direction of VRA upon payment of the purchase price set forth in the Local Bond Sale Agreement. 10. Disclosure Documents. The County authorizes and consents to the inclusion of information with respect to the County to be contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both prepared in connection with the sale of bonds to be issued by VRA, a portion of the proceeds of which will be used to purchase the Bond. If appropriate, such disclosure documents shall be distributed in such manner and at such times as any of them shall determine. The County Administrator is authorized and directed to take whatever actions are necessary and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. 11. Non -Arbitrage Certificate and Tax Covenants. The County Administrator and the County's Chief Financial Officer, or either of them, are authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and a 3 delivery of the Bond and that the County shall comply with the other covenants and representations contained therein. 12. Refunding. The County Administrator and the County's Chief Financial Officer, or either of them, is authorized and directed to determine the maturities of the Refunded Obligations to be refunded, to provide for such Refunded Obligations to be called for redemption and to provide for their refunding. The County Administrator and the County's Chief Financial Officer, or either of them, is authorized to enter into an Escrow Agreement with an Escrow Agent to be selected by the County Administrator to provide for the refunding of the Refunded Obligations. 13. Further Actions. All officers and agents of the Board and the County are authorized and directed to take such further actions in conformity with the purpose and intent of this Resolution as may be necessary or appropriate in connection with the issuance and sale of the Bond, and the execution, delivery and performance of the Third Supplemental Indenture, the Local Bond Sale Agreement and the Financing Agreement, including the execution and delivery on behalf of the County of such instruments, documents or certificates as necessary or appropriate to carry out the transactions contemplated by this Resolution. All actions previously taken by such officers and agents in connection with the issuance and sale of the Bond are ratified and confirmed. The County Administrator is designated the County's Authorized Representative for purposes of the Financing Agreement. 14. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: &� q - k4o 4-0,V, Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul M. Mahoney, County Attorney 0 ACTION NO. A-102803-2 ITEM NO. F -1.b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Request to approve reimbursement of $11 million from the Water Fund to the General Fund for debt service payments made related to Spring Hollow Reservoir SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1991, the County issued $15 million of general obligation bonds, and $59.7 million of water revenue bonds to finance the expansion and improvements of the public water supply system which included the acquisition, construction and equipping of a dam and water reservoir, water treatment facilities and distribution, storage and transmission lines. The annual debt service on the water revenue bonds is repaid through the water rates. A five-year series of annual water rate increases was implemented to pay the debt service on these water revenue bonds. The last of these rate increases went into effect on July 1, 1995, for a cumulative increase of 97%. In order to avoid further increases in the water rates, the annual debt service on the $15 million general obligation bonds is repaid through the general fund. To date, the general fund has paid $12,928,781 in debt service payments. Other than this debt payment, the water fund is self-sufficient — the water rates, charges and other revenues pay for the expenses of the water system. In order to comply with the rate covenants of the water revenue bonds, the water system had to generate surplus funds every year. In addition, the sale of water to Roanoke City during the drought periods has generated surpluses that were not planned in the budget. These surplus funds can be use for capital or other one-time expenditures. In addition, as the result of the planned refinancing, the Water Fund will have access to funds that were previously set-aside in escrow accounts for the security of the bondholders. These newly available funds are: Debt Service Reserve Fund — The Debt Service Reserve Fund currently has a balance of $4,781,208. After the refinancing, we will be required to maintain a balance of $1,775,000, for the non -callable 1991 Bonds. This will result in available funds of $3,006,208. 2. Rate Stabilization Fund —When the County issued our bonds in 1991, it was for a new system that did not have any history. As additional security for the bondholders, we were required to establish a Rate Stabilization Fund to protect the revenue stream of the water system. This fund currently has the required balance $3,701,965. After the refinancing, we will only be required to maintain a balance of $1,331,250, for the non -callable 1991 Bonds. This will result in available funds of $2,370,715. The County would like to use the available funds from the water surplus and the reduced escrow balances to reimburse the general fund for $11,000,000 of the debt service that has been paid on behalf of the water fund. This will still leave sufficient funds in the water fund for known capital improvements. FISCAL IMPACT: The reimbursement of $11,000,000 from the water fund to the general fund will give the general fund a one-time source of capital that can be used for the pending Public Safety Center project. The decrease in interest income in the water fund, as a result of the transfer of $11 million, will be more than offset by the refinancing savings. STAFF RECOMMENDATION: Staff recommends the following: Reimburse the general fund $11,000,000 from the water fund for the payment of debt service on the $15 million general obligation bonds. 2. Appropriate the $11,000,000 to an account for the pending Public Safety Center / Equipment. 2 VOTE: Supervisor McNamara motion to approve amended staff recommendation (reimburse the general fund with an amount not to exceed $11 million from the water fund for the payment of debt service on the $15 million general obligation bonds, and appropriate an amount not to exceed $11 million to the Unappropriated Capital Fund Balance) Motion Approved cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul Mahoney, County Attorney 3 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul Mahoney, County Attorney 3 ACTION NO. A-102803 ITEM NO. F-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Request to appropriate funding in the amount of $73,057 for the purchase of equipment and software to implement electronic records management system in the Clerk to the Board of Supervisor's Office SUBMITTED BY: APPROVED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the request of the Board, staff has researched methods for implementing an electronic records management system in the Board of Supervisors and Clerk's Offices. Surrounding localities have been contacted regarding their methods of records management, and the results indicate that a number of localities have moved to an electronic format. To summarize, 10 of the 12 localities that were contacted currently utilize electronic records management systems. These include the following: Roanoke County School Board, Cities of Roanoke and Norfolk; Counties of Augusta, Chesterfield, Henrico, Henry, Prince George, Prince William, and Stafford. The two remaining localities, Montgomery County and Loudon County, are currently considering the possibility of moving to an electronic format. In addition, staff has researched citizens' usage of the Board of Supervisors' website which indicates that there were 22,086 visits to the website during the seven month period from January - July 2003. The website receives arl average of 103 visits daily, with the majority of these visits being to access the Board Actions portion of the online records. This appears to demonstrate a growing usage by citizens to online information regarding Board actions. Staff is recommending the purchase of Agenda Manager Software by Laserfiche. This system will address two key issues for the Board of Supervisors and Clerk's Offices: (1) generation of the agenda packets in electronic format; and (2) implementation of a systematic approach to securing and maintaining the historical records. The advantages of this system include the following: • Reduction of paper costs which are conservatively estimated at $8,000 annually Enhanced research and document retrieval capabilities: the text searching feature of the software will eliminate the need for staff to manually review and index Board actions. Approximately 1,440 records are indexed annually at an estimated employee cost of $1,985. In addition, citizens and staff will have the ability to conduct text searches via the website. Staff receives approximately 520 requests for research annually which translates to $4,300 in employee costs to process these requests. A paperless system will conform to the County's Environmental Assessment Team goal of reducing paper usage by 25% in order to achieve ISO 14001 certification. It is also consistent with the environmental management policy adopted by the Board on August 14, 2001. Security of records will be enhanced as a result of having all components of the agenda packet stored in electronic format. At present, it is not possible to obtain all components of the agenda in electronic format and the paper versions are the only official record available. In the event of a disaster, we would be unable to recover some of these records. Once the new software is implemented, staff will begin scanning prior year's records so that electronic copies are available. Laserfiche is a enterprise records management system that can be implemented by other departments within Roanoke County. Currently, the Finance and Human Resources Departments are considering utilization of this software. The total cost to implement the electronic records management system is $79,884, which includes the purchase of software and equipment. Rollover funds in the amount of $6,943 are available to apply to this cost, leaving a balance of $73,057 to be funded from the Capital Fund Unappropriated Balance. The breakdown of costs is summarized below: Server for document imaging system $ 15,000 Complete LaserFiche package: 40,726 • Software • Scanning equipment • Maintenance/support Monitor for scanning station 2 Me] Notebook computers for BOS and staff 23,258 $ 79,884 Included in the cost summary is $23,258 for the purchase of new notebook computers for the Board members and staff. There are currently three notebook computers being used by Board members which will be re -distributed to staff, thereby reducing the number of new purchases required. A separate server is necessary to run this software, and it is anticipated that the Human Resources and Finance Departments will also utilize this server upon future implementation of records management systems in their offices. The proposed schedule for implementation is as follows: • Equipment and software installation: January 2004 • Implementation of system in Clerk's Office: January — March 2004 • Training for Board members and staff: March 2004 • Full implementation (live at Board meetings): April 2004 FISCAL IMPACT: Funding in the amount of $73,057 will be needed for the purchase of equipment and software. Staff recommends that this amount be taken from the Capital Fund Unappropriated Balance ALTERNATIVES: 1. Approve appropriation of funds in the amount of $73,057 from the Capital Fund Unappropriated Balance for the purchase of equipment and software to implement electronic records management system. 2. Do not approve the requested appropriation of funds. STAFF RECOMMENDATION: Staff recommends Alternative #1. 3 0 VOTE: Supervisor Minnix motion to approve staff recommendation Motion Approved cc: File Diane S. Childers, Clerk to the Board Rebecca Owens, Director, Finance 10 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Diane S. Childers, Clerk to the Board Rebecca Owens, Director, Finance 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003. RESOLUTION 102803-4 REQUESTING VDOT TO CONTINUE FUNDING PROJECTS CURRENTLY IDENTIFIED ON THE PLAN AND ADOPT THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR INCLUSION INTO THE 2004-2010 INTERSTATE AND PRIMARY SIX YEAR PROGRAM. WHEREAS, the Six Year Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate, primary, and secondary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: and That it hereby expresses its opposition to the funding allocation decision of the Commonwealth Transportation Board to require that expenditures for Virginia's Smart Road project be taken or diverted from other approved road projects in the Same District. 2. That it requests the Commonwealth Transportation Board to reconsider its adopted method for distributing funds to road projects within the Salem District, and that it develop a more equitable system for funding these road projects. 3. That the following projects identified as "Projects on Improvement Plan" are recommended to continue to receive funding for planning and construction Interstate 73 — Roanoke County continues to be very supportive of this project. In a letter dated June 3, 2001, the Board of Supervisors encouraged VDOT to work closely with the impacted citizens to address their concerns and mitigate any negative impacts to them. This is in addition to the resolution 120500-2 passed December 5, 2000, reaffirming the Boards support for 1-73. • Interstate 81 — Roanoke County continues to support VDOT's proposed plan to widen 1-81 from its present four lanes. We look forward to continuing our partnership with VDOT to develop regional cooperation for storm water detention facilities, potential utility crossings and other design issues that could impact Roanoke County's future. • Route 11/460 (West Main Street) — Roanoke County continues to support the ongoing design for improvements in this important commercial and residential development area. Improvements will provide an increase in the level of service bringing it up to standards required for the expected growth. 4. That the following projects identified as "Projects Not on Plan" have been identified by the Board of Supervisors as extremely important to the growth of Roanoke County or for safety improvements and are requested to be included in the Virginia Transportation Plan for Fiscal Years 2004- 2010. They are listed in Priority Order: 1. Route 221 (Bent Mountain Road) Need: Roanoke County is requesting that this project between Coleman Road (Route 735) and Cotton Hill Road (Route 688) be added back on the Six -Year Program. The residential development expected to occur within this area will place additional demands on the road system that is currently providing an inadequate service level. 2. Route 11 (Williamson Road) Need: Now that Route 11 has been widened from Plantation Road to Hollins College, there remains one section of three -lane road from Peters Creek Road (Rte. 117) to the Roanoke City Limits. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the alignment of Florist Road with Route 11 creates additional congestion and safety concerns. The existing section of road, 1.52 miles, is currently a three -lane with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. 3. Route 115 (Plantation Road) Need: This two-lane section of Plantation Road is approximately 2.43 miles in length width with numerous secondary road connections. The road needs to be improved from Roanoke City limits north to Route 11. If full funding were not available, various spot improvements, such as turn lanes, alignment and grade a 2 improvements would help with safety issues. Additional land is available along the road for future development, which will increase traffic and construction costs in the future. 4. Route 220 S (Franklin Road) Need: This section of 220 is approximately 2.0 miles long and is a four -lane divided highway. Recently a traffic study was conducted for a commercial development and the report predicted a level of service of D or F within the next couple of years. Additional lanes and improved vertical alignment is required from the Roanoke City limits south to Rte. 668 (Yellow Mountain Road). Spot improvements are needed now at the intersections of Route 419 and Route 220 S and Rte. 679 (Buck Mountain Road) and Route 220. 5. Route 116 (Jae Valley Road) Need: The Salem Residency has notified staff that the bridge over Back Creek is in need of repair and we wish to offer our support for improvements to the approaches and bridge replacement. This road is serving the growing commuter traffic from Franklin County and recreational traffic to Smith Mountain Lake. 6. Route 460E (Challenger Avenue) Need: This section of Route 460 beginning west of the East Corporate Limits of the City of Roanoke and proceeds east to the Bedford County Line, a distance of 7.59 miles. The continued growth within this corridor has increased traffic demands. Other primary roads in Roanoke County which deserve consideration for spot improvements: 7. Route 419 (Electric Road) Intersection improvements, Route 118 (Airport Road), Route 24, (Washington Ave.) improvements at the intersection of William Byrd High School, Route 311 (Catawba Valley Road) at Route 864 (Bradshaw Road) construct a left turn lane. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 3 A COPY TESTE: Q. l�LU4`-- Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Fred Altizer, District Administrator, VDOT The Honorable Whittington Clement, Secretary of Transportation and Chairman, Commonwealth Transportation Board Ozlee Ware, Salem District, Commonwealth Transportation Board Mayor Ralph Smith, City of Roanoke Roanoke Valley Delegation to the General Assembly Senator John Warner Senator George Allen Congressman Robert Goodlatte Congressman Frederick Boucher rd AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT INCLUDING ACQUISITION OF EASEMENTS BY DONATION OR BY PURCHASE — CLUB LANE SEWER LINE EXTENSION 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 sewer system to the Club Lane and Valley Drive area of the County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) 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 sewer system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 14, 2003, and the second reading was held October 28, 2003; 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 sewer extension to the Club Lane and Valley Drive area of the County. The total construction cost of this public sewer project is estimated to be $115,000, to be initially financed as follows: Citizen Participation ( 10 at $6,400.00) $64,000 each) Advance from the Public Works $51,000 Participation Fund TOTAL $115,000 That there is hereby appropriated for this project the sum of $51,000 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Club Lane Sanitary Sewer Petition for Public Works Project" prepared by the Roanoke County Utility Department, dated 15 September 2003. The 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 $7,400 ($6,400 toward construction costs plus, plus $1,000 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 December 27, 2003, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: a 2 (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. Down payment of $1,000.00 will be applied to the off-site facility fee. (b) Property owners agree to execute a promissory note or such other instrument as the County may require securing 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 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. (d) Property owners who wish to participate after the December 27, 2003, deadline (other than new property owners) shall pay a minimum of $9,680 [$6,400 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 (currently $2,000)]. New property owners (defined as persons who acquire ownership of real estate within the Project Service Area after the date of the adoption of this Ordinance) shall have ninety (90) days from the date of their acquisition of the real estate to participate in and benefit from the public water/sewer extension to this service area by the payment of $7,400, said costs to be paid in full and in advance of connection to the 6 3 public sewer extension. New property owners are not eligible to participate in the installment financing payment method described above in paragraph 3. 4. That the payment by citizens in the project service area, in excess of those anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Club Lane Sanitary Sewer Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is hereby authorized across the following properties, referenced by tax map number: 67.10-1-10 67.10-1-12 67.10-1-13 67.10-1-14 67.10-1-15 67.10-1-16 67.10-1-22 67.10-1-23 67.10-1-24 6. That the consideration for these easement acquisitions shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 7. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 0 4 8. 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. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: 9 k�A� Brenda J. Hckfon, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director of Utility Arnold Covey, Director, Community Development William E. Driver, Director, Real Estate Valuation Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director of Finance Paul M. Mahoney, County Attorney 6 5 1o80 W � '•Ysry�tr0 m se &W .1440 �n u r, J l,l ycc`tL�:�_ •ph � V �n u 6A' r, J l,l 4R'O?J F v � - Q h r 6A' 4R'O?J - Q h r 6A' r 6A' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28 2003 RESOLUTION 102803-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for October 28, 2003, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9, inclusive, as follows: 1. Approval of minutes - October 14, 2003 2. Request from schools to accept and appropriate funds in the amount of $45,000 from the State Department for a pilot study at William Byrd High School to provide an in -school focused social skills and behavioral intervention program for students with disabilities 3. Request to accept and appropriate an all hazards planning grant in the amount of $20,990 from the Commonwealth of Virginia Department of Emergency Management 4. Proclamation declaring the week of October 12 through 18, 2003, as National Adult Immunization Awareness Week 5. Acceptance of donation of a 20' water line easement from Bonsack Baptist Church, Hollins Magisterial District 6. Authorization to exercise an option to purchase communications equipment, building and tower from the Western Virginia Emergency Medical Services Council 7. Request from the Police Department to accept and appropriate Local Law Enforcement Block Grant (LLEBG) in the amount of $29,117 from the Bureau of Justice Assistance 8. Request to approve amendments to the length of service awards program (LOSAP) adoption agreement for the volunteer fire and rescue personnel concerning eligibility requirements 9. Confirmation of committee appointment to the Industrial Development Authority 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. Wolton, CMC Deputy Clerk to the Board of Supervisors cc: File Dr. Patricia Radcliffe, Director, Special Education and Pupil Personnel Services Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk of School Board Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance John Chambliss, Jr., Assistant County Administrator Vickie Huffman, Senior Assistant County Attorney Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul Mahoney, County Attorney Anne Marie Green, Director, General Services Ray Lavinder, Chief of Police Jimmy Chapman, Grant Administrator, Police Department Richard Burch, Chief of Fire & Rescue Wanda Riley, Executive Secretary, Policy Manual a 2 ACTION NO. A -102803-6.a ITEM NO. K-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Request from schools to accept and appropriate funds in the amount of $45,000 from the State Department for a pilot study at William Byrd High School to provide an in -school focused social skills and behavioral intervention program for students with disabilities SUBMITTED BY: Dr. Patricia Radcliffe Director of Special Education and Pupil Personnel Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a request for approval to receive funds in the amount of $45,000 from the State Department for a pilot study at William Byrd High School. The study will provide an in - school focused social skills and behavioral intervention program for students with disabilities who have been identified as having Emotional Disturbance, which will improve academic performance and ultimately success in passing SOL tests. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of funds in the amount of $45,000 from the State Department for a pilot study at William Byrd High School. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Dr. Patricia Radcliffe, Director, Special Education and Pupil Personnel Services Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk of School Board Rebecca Owens, Director, Finance 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Dr. Patricia Radcliffe, Director, Special Education and Pupil Personnel Services Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk of School Board Rebecca Owens, Director, Finance 2 ACTION NO. A -102803-6.b ITEM NO. K-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Request to accept and appropriate an all hazards planning grant in the amount of $20,990 from the Commonwealth of Virginia Department of Emergency Management SUBMITTED BY: John M. Chambliss, Jr. Asst. County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has been advised that we have been approved for an all hazards planning grant from the Commonwealth of Virginia Department of Emergency Management in the amount of $20,990. The purpose of this grant is to assist in preparing a regional plan to consider the Local Capability Assessment of Readiness (LCAR) instrument developed by the Federal Emergency Management Agency (FEMA). This preparation can include the self-assessment, regional planning, training and exercises, and a strategy for enhancing the overall preparedness of the locality. Monies from this grant must be obligated by December 12, 2003. FISCAL IMPACT: The total amount of the grant is $20,990 and does not require any local match. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant in the amount of $20,990 for the development of the Local Capability Assessment of Readiness (LCAR) instrument and any related planning, training, and documentation. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File John M. Chambliss, Jr., Assistant County Administrator Rebecca Owens, Director, Finance 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File John M. Chambliss, Jr., Assistant County Administrator Rebecca Owens, Director, Finance 2 ACTION NO. A -102803-6.c ITEM NO. K-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Acceptance of donation of a 20' water line easement from Bonsack Baptist Church (Tax Map Nos. 40.01-01-07 & 40.01-01-08) to the Board of Supervisors, Hollins Magisterial District SUBMITTED BY: Vickie L. Huffman Sr. Assistant County Attorney APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following easement for water purposes conveyed to the Board of Supervisors of Roanoke County, Virginia. The water line extension has been installed in connection with the Bonsack Baptist Church expansion located at the intersection of Cloverdale Road and Kingsmen Road in the Hollins Magisterial District and will serve the entire area. a) Donation of a water line easement, twenty feet (20) in width, from Bonsack Baptist Church (Deed Book 1404, page 1403 — Tax Map No. 40.04-01-07; and Deed Book 798, page 264 — Tax Map #40.01-01-08) as shown on a plat prepared by Roderick F. Pierson, LLS, dated October 6, 2003, a copy of which is attached hereto as Exhibit A. The location and dimensions of this easement have been reviewed and approved by the County's engineering and utility staff. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends acceptance of the donation of this easement. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Vickie L. Huffman, Sr. Assistant County Attorney Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul Mahoney, County Attorney Ira Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Vickie L. Huffman, Sr. Assistant County Attorney Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul Mahoney, County Attorney Ira IIRIH%21 EXHIBIT A III! f W 1 W I+ m�; I I I WI ) dam a x ae Yuman ' rd I If m 2 N < , I I I j Wiz o I M O H W S I I w Gi �'"�• 41 ��wv •• � r �a I � B. � � � Q 0.=O Uaapp J < a`e O � � i t LZIJ it in (3 Cit �r- -ua flu =O W Q W W U U S 4 n- I i _j r-�~ qO'q k w C!= in Z �Q jCL UA LQ CL Z U V E. {—C7 W Q z X U W rwz ii t—=U QVQX N O' z ZWQ JOZQ � f— Qui O;I� _, ��rnZ = CY- t �, »---- CL m Q �� s •�� rA �i✓Ar' S"ON V V W �> \ ro� 'o oop �•, g • S e^ o�a� J � c ON1, P EXHIBIT A ACTION NO. A -102803-6.d ITEM NO. K-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Authorization to exercise an option to purchase communications equipment, building and tower from the Western Virginia Emergency Medical Services Council SUBMITTED BY: Vickie L. Huffman Senior Assistant County Attorney APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On July 8, 2003, the Board of Supervisors approved execution of an option to purchase agreement with the Western Virginia Emergency Medical Services Council. The agreement grants Roanoke County the option to purchase the communications building and tower, together with all of the appurtenant fixtures, located at the E911 site on Poor Mountain. The option expires on October 31, 2003. The EMS Council and the County have shared resources at this site for years, and the relationship has been mutually beneficial. However, the EMS Council no longer uses the building or the tower, and has agreed to sell the improvements to the County for $42,000, subject to retaining the right to place an antenna on the tower and equipment in the building in the future at no cost, so long as it is used solely for provision of emergency medical services. The tower, building and related equipment, as well as the site, continue to be critical to the operation of the County E911 communications system. Rental income is currently generated by third party use of the tower and there is potential for future revenue. Although the condemnation proceedings for acquisition of the land have not been concluded, staff recommends that the Board authorize exercising the option to avoid a loss of the opportunity to do so. FISCAL IMPACT: The purchase price for the building, tower and related improvements is $42,000, and funding is available in the E911 account. Revenues from rental of the tower will return to this fund, and staff expects that the purchase price will be recovered through rental income within five years. STAFF RECOMMENDATION: Staff recommends that the Board authorize the County Administrator, or an Assistant County Administrator, to exercise the option and to execute such documents and take such actions on behalf of the Board of Supervisors as are necessary to accomplish the acquisition of the communications equipment, building and tower from the Western Virginia Emergency Medical Services Council, all of which shall be approved as to form by the County Attorney. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Vickie L. Huffman, Sr. Assistant County Attorney Anne Marie Green, Director, General Services Rebecca Owens, Director, Finance Paul Mahoney, County Attorney FA Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Vickie L. Huffman, Sr. Assistant County Attorney Anne Marie Green, Director, General Services Rebecca Owens, Director, Finance Paul Mahoney, County Attorney FA ACTION NO. A -102803-6.e ITEM NO. K-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Request from the Police Department to accept and appropriate Local Law Enforcement Block Grant (LLEBG) in the amount of $29,117 from the Bureau of Justice Assistance SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Bureau of Justice Assistance administers the Local Law Enforcement Block Grant (LLEBG). The purpose of the LLEBG program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. FISCAL IMPACT: The final award amount is $29,117 in federal funds and a match from Roanoke County is required in the amount of $3,235. The local match will be provided from existing Police Department funds, Account number 471100-6013. The grant period is from October 15, 2003, through October 14, 2005. ALTERNATIVES: There are no alternative funds available at this time. If accepted these funds should be appropriated to a separate account for the Police Department established by the Finance Department. STAFF RECOMMENDATION: The staff recommends acceptance of the Bureau of Justice Assistance, Local Law Enforcement Block Grant in the amount $29,117. 1 VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Ray Lavinder, Chief of Police Jimmy Chapman, Grant Administrator, Police Department Rebecca Owens, Director, Finance 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Jimmy Chapman, Grant Administrator, Police Department Rebecca Owens, Director, Finance 2 ACTION NO. A -102803-6.f ITEM NO. K-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Request to approve Amendments to the Length of Service Awards Program Adoption Agreement for Volunteer Fire and Rescue Personnel concerning eligibility requirements and Death Benefit. SUBMITTED BY: APPROVED BY: Leon Martin LOSAP Chairman Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1989, the Length of Service Awards Program (LOSAP) for the Volunteer Fire/Rescue and Auxiliary Police personnel was approved by the Board of Supervisors. This program provides retirement benefits to volunteers meeting the criteria based on yearly requirements of service. A LOSAP Board of Trustees, consisting of six volunteers, county personnel and advisory members oversees the administration of this program. Amendment V- The LOSAP Board has completed research involving the alteration of the current Life Insurance Policy held through Volunteer Firemen's Insurance Services, INC (VFIS). The LOSAP board has approved the adoption of a $6,000 death benefit to take the place of the current $5,000 life insuranceop licy. The extra $1,000 for the death benefit would compensate for the average tax differential. The death benefit would be provided through the County of Roanoke with an existing $75,000 account that has already been put in place and an additional $5,000 that would be added from the $200,000 budgeted annual amount for LOSAP benefits. In the event that a death benefit is paid out, the death benefit fund would be replenished through the same $200,000 budgeted annual amount. The eligibility requirements will remain the same. The approved beneficiary hierarchy will be similar to the US Department of Justice Public Safety Officer's Benefit (Federal PSDB) hierarchy of beneficiaries. See attached. In addition, The LOSAP Board of Trustees wishes to include a Volunteer Chaplain position in the Eligibility Requirements of the LOSAP Plan. This will allow the Volunteer Chaplain accrue points and earn the same benefit as our Volunteer Firefighters and Rescue personnel. Finally, The LOSAP Board wishes to delete the phrase "Police Auxiliary" from the LOSAP Adoption Agreement as that program no longer exists within the Police Department. FISCAL IMPACT: No additional funding should be required for these amendments. ALTERNATIVES: 1. Approve the amendments to the LOSAP adoption agreement. 2. Do not approve the proposed amendments. STAFF RECOMMENDATION: Staff recommends Alternative #1, approval of the amendments to the LOSAP Adoption Agreement. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Leon Martin, LOSAP Chairman Ray Lavinder, Chief of Police Richard Burch, Chief of Fire & Rescue Wanda Riley, Executive Secretary, Policy Manual e 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Leon Martin, LOSAP Chairman Ray Lavinder, Chief of Police Richard Burch, Chief of Fire & Rescue Wanda Riley, Executive Secretary, Policy Manual e 2 AMENDMENT V TO ADOPTION AGREEMENT AND AMENDMENT II TO THE MASTER PLAN FOR VOLUNTEER FIREMEN'S INSURANCE SERVICES, INC. LENGTH OF SERVICE AWARDS PROGRAM COUNTY OF ROANOKE, VIRGINIA 1. Section 14 of the Adoption Agreement, entitled "Death Benefit" is hereby deleted and the following new Section 14 is substituted in lieu thereof: (14) Death Benefit: In the event of a Participant's death prior to Retirement, the County of Roanoke (not VFIS) will provide a $6,000 death benefit to the survivors. Once Roanoke County approves a claim for death benefits, unless the volunteer has otherwise specifically designated in his/her will a specific bequest of the Roanoke County Volunteer Death Benefit, the benefit will be paid to eligible survivors in a lump sum, as follows: 1. If the volunteer is survived by a spouse but no eligible children (as defined below), the spouse will receive 100% of the program benefit. 2. If the Volunteer is survived by a spouse and eligible children, the spouse will receive 50% of the program benefit and the children will receive equal shares of the remaining 50%. 3. If the Volunteer is survived by eligible children but no spouse, the children will receive equal shares of 100% of the program benefit. 4. If the Volunteer is survived by neither a spouse nor eligible children the program benefit shall be paid to "the designated beneficiary by such officer under such officer's most recently executed life insurance policy, provided that such individual survived such volunteer." 5. If the Volunteer is survived by neither a spouse nor eligible children and dies not have a life insurance policy, then the benefit will be made payable to the surviving parents in equal shares. 6. If none of the above is available then the benefit is void. "Eligible children" are defined as any natural, illegitimate, adopted, or posthumous child or stepchild of the Volunteer who, at the time of the officer's death, was age 18 or under, or between age 19 and 22 (inclusive) and a full-time student at an eligible educational institution, or age 23 or older and incapable of self support due to mental or physical disabilities. 2. Article VI, Section 6.5 of the Master Plan, entitled "Designation of Beneficiary" is hereby deleted and the following new Section 6.5 is substituted in lieu thereof- Article hereof: Artic(`le�\ VI, Section 6.5 Designation of Beneficiary: Ca-? tit b enefieiaf ies te han),a ffeeted benefits under- n rt:nta3zr .. te be paid i h dies while entitled to bnatien shall be made en a fefrn fesefibed by the Owner- a thPaFtieipant's Wetim-e. Eae.,14 Befiefieiary designation filed with the Owfief shall feveke all Befiefieiafy 1 See Section 14 of the Adoption Agreement for Designation of Beneficiary. (7) Eligibility Requirements Amendment IV- Effective July 1, 2002, Section 7 titled "Eligibility Requirements", will be deleted and the following will be substituted in lieu of: A LOSAP eligible member is defined as: • A volunteer member who is 18 —54 years of age or older and has been approved by the Roanoke County Fire and Rescue Department application process as a Firefighter/Rescuer; • & been accepted by a Roanoke County Volunteer Fire/Rescue Organization as a Firefighter/Rescuer; • & meet Firefighter/Rescuer SOP'S, certifications, etc as indicated by Roanoke County Fire & Rescue Department and Fire/Rescue Organization; • Firefighters/Rescuers must be certified at minimum level within 18 months of acceptance into organization. This means a Firefighter must have Firefighter I within 18 months of acceptance into organization; and Rescuers must have EMT -B within 18 months of acceptance into an organization. Any member age 16, although not eligible for this Plan until he/she attains age 18, will receive credit for his prior years of service at attainment of age 18. Proposed Amendment V — Effective October 14, 2003 - Section 7 titled "Eligibility Requirements", the following shall be added to existing section 7, which remains intact: The Department Chaplain shall be a LOSAP eligible member subject to the following: • The Chaplain is the designated department Chaplain as set forth in County Policy # A -0I- 004. • The Chaplain shall record monthly points based on a point system constructed by the LOSAP Board specific to the Chaplain position • Points submitted shall be verified by the Chief of Fire/Rescue, or their designee in lieu of a volunteer Chief Signature. 2 e • _ • See Section 14 of the Adoption Agreement for Designation of Beneficiary. (7) Eligibility Requirements Amendment IV- Effective July 1, 2002, Section 7 titled "Eligibility Requirements", will be deleted and the following will be substituted in lieu of: A LOSAP eligible member is defined as: • A volunteer member who is 18 —54 years of age or older and has been approved by the Roanoke County Fire and Rescue Department application process as a Firefighter/Rescuer; • & been accepted by a Roanoke County Volunteer Fire/Rescue Organization as a Firefighter/Rescuer; • & meet Firefighter/Rescuer SOP'S, certifications, etc as indicated by Roanoke County Fire & Rescue Department and Fire/Rescue Organization; • Firefighters/Rescuers must be certified at minimum level within 18 months of acceptance into organization. This means a Firefighter must have Firefighter I within 18 months of acceptance into organization; and Rescuers must have EMT -B within 18 months of acceptance into an organization. Any member age 16, although not eligible for this Plan until he/she attains age 18, will receive credit for his prior years of service at attainment of age 18. Proposed Amendment V — Effective October 14, 2003 - Section 7 titled "Eligibility Requirements", the following shall be added to existing section 7, which remains intact: The Department Chaplain shall be a LOSAP eligible member subject to the following: • The Chaplain is the designated department Chaplain as set forth in County Policy # A -0I- 004. • The Chaplain shall record monthly points based on a point system constructed by the LOSAP Board specific to the Chaplain position • Points submitted shall be verified by the Chief of Fire/Rescue, or their designee in lieu of a volunteer Chief Signature. 2 e (6) Year of Fire Rescue or " ,.44 affy .-Polk _ cervi Proposed Amendment V- Effective October 14, 2003- the phrase auxiliary police shall be removed from throughout the Adoption Agreement as that particular portion of the program was terminated in 2000. A year of fire —or rescue service shall be credited for each Plan Year in which a Member is awarded the minimum number of points as defined in the Accredited Service Standards Certification Program. The point schedule shall be attached to and made a part of this Adoption Agreement. 3 e ACTION NO. A -102803-6.g ITEM NO. K-9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2003 AGENDA ITEM: Confirmation of committee appointment to the Industrial Development Authority SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. INDUSTRIAL DEVELOPMENT AUTHORITY Supervisor Church nominated Carole Brackman, Catawba Magisterial District, to serve an additional four-year term which will expire on September 26, 2007. He asked that confirmation of her appointment be added to the Consent Agenda. STAFF RECOMMENDATION: It is recommended that the above appointment to the Virginia Western Community College Board be confirmed. 1 VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Industrial Development Authority Committee File Yes No Abs Mr. Flora ® E] r-1 Mr. Church ® ❑ F-1 Mr. Minnix ® 0 0 Mr. Altizer ® ❑ 11 Mr. McNamara ® El E-1 cc: File Industrial Development Authority Committee File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 RESOLUTION 102803-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT 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 resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. H Iton, CMC cc: File Deputy Clerk to the Board of Supervisors Closed Meeting File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 RESOLUTION 102803-8 PROCEEDING TO THE DETAILED DESIGN PHASE FOR THE CONSTRUCTION OF A NEW PUBLIC SAFETY COMMUNICATIONS CENTER UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public -Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County to create a public-private partnership to develop projects for public use; and WHEREAS, by Resolution 051304-4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County; and WHEREAS, Northrop -Grumman Mission Systems had submitted an unsolicited proposal under the provisions of the PPEA to construct an emergency communications/public safety center for Roanoke County; and WHEREAS, by Resolution 062403-1 the Board of Supervisors of Roanoke County accepted the Northrop -Grumman Mission Systems unsolicited proposal for publication and conceptual phase consideration and it invited the submission of competing preliminary proposals; and WHEREAS, the SafetyFirst Consortium and the Public Facility Consortium, LLC have submitted proposals pursuant to these procedures; and WHEREAS, the County Administrator has reviewed these proposals and has recommended to the Board of Supervisors that it proceed to review three competing proposals at the detailed design phase. 1. That there is a public need for an emergency communications/public safety center for Roanoke County. 2. That it chooses to accept the following proposals for detailed Phase 2 proposal review pursuant to Section VI. B. of the County's procedures: Northrop - Grumman Mission Systems, SafetyFirst Consortium, and Public Facility Consortium, LLC. On motion of Supervisor Minnix to adopt the resolution moving forward to the detailed design phase the following three proposals: Northrop -Grumman Mission Systems, SafetyFirst Consortium, and Public Facility Consortium, LLC. This motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. H Iton, CMC Deputy Clerk to the Board of Supervisors cc: File Dan O'Donnell, Assistant County Administrator Paul M. Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Arnold Covey, Director, Community Development Janet Scheid, Chief Planner a 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-9 GRANTING A SPECIAL USE PERMIT TO MJH DEVELOPMENT TO CONSTRUCT A MINI -WAREHOUSE FACILITY AND OFFICES TO BE LOCATED ONE-HALF MILE FROM PLANTATION ROAD ON ANGEL LANE (TAX MAP NO. 17.00-1-2) CATAWBA MAGISTERIAL DISTRICT WHEREAS, MJH Development has filed a petition for a special use permit to construct a mini -warehouse facility and offices to be located one-half mile from Plantation Road on Angel Lane (Tax Map No. 17.00-1-2) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 2003; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 2003; the second reading and public hearing on this matter was held on October 28, 2003. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to MJH Development to construct a mini -warehouse facility and offices to be located one-half mile from Plantation Road on Angel Lane in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) Development of the site shall be in sufficient conformity to the August 20, 2003 plan developed by Providence Engineering. mi dw -Iii��:� (3) The color of the buildings and doors shall be non -reflective and of earth - tone colors. Appropriate groundcover, approved by planning staff during Site Plan review, shall be provided on all slopes 3:1 or greater within the limits of disturbance. (4) A 10' wide landscaping strip shall be provided between 1-81 and the mini - warehouse building labeled 4800 S.F. Within this landscaping strip, Leyland Cypress trees shall be planted at a minimum of 10' in height at the time of planting and no more than 10' on center. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to approve the ordinance with conditions but with the deletion of Condition #2. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None X A COPY TESTE: 0j, S6 7� Brenda 7 iqo- Iton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Real Estate Evaluation Paul M. Mahoney, County Attorney 3 inns Cow Rssr.c/r _.JANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT rd Applicants name: MJH Development Existing Zonirrg:I-1 Rezoning: Proposed Special Use Tax Map No.17.00-1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-10 TO VACATE PORTIONS OF A 15' SANITARY SEWER EASEMENT, A 15' WATER LINE EASEMENT, AND A 5' PUBLIC UTILITY EASEMENT UPON LOTS 15 AND 16, ON THE PLAT OF SECTION NO. 2, QUAIL RIDGE, RECORDED IN PLAT BOOK 26, PAGE 3, AND RESUBDIVIDED BY PLAT OF SECTION NO. 2, QUAIL RIDGE, RECORDED IN PLAT BOOK 26, PAGE 197, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for 'Section No. 2, "QUAIL RIDGE"', dated October 4, 2002, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 26, page 3, the developer, R & J Enterprises, LLC, dedicated and created a "NEW 15' SANITARY SEWER EASEMENT " and a "NEW 15' WATER LINE EASEMENT", both shown in the Detail on Sheet 3 of said plat, and a "5' PUBLIC UTILITY EASEMENT" shown on Sheet 2 of said plat; and, WHEREAS, by re -subdivision plat for `Section No. 2, "QUAIL RIDGE"', dated July 25, 2003, and of record in the aforesaid Clerk's Office in Plat Book 26, page 197, a portion of the 24' right-of-way for Quail Ridge Circle was vacated, a portion of the 5' public utility easement was relocated, and Lots 14, 15, and 16 were reconfigured to larger and more desirable lot s; and, WHEREAS, as a result of the resubdivision, portions of the 15' sanitary sewer easement and 15' water line easement are no longer required; and, WHEREAS, the Petitioner -Developer, R & J Enterprises, LLC, has requested that the unnecessary portions of the sanitary sewer easement, the water line easement, and the public utility easement, as shown on Exhibit A attached hereto, be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, these vacations will not involve any cost to the County, will not interfere with the provision of public services, and have been approved by the affected public utility companies and County departments; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended); the first reading of this ordinance was held on October 14, 2003, and the public hearing and second reading of this ordinance was held on October 28, 2003. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "15' SANITARY SEWER EASEMENT TO BE VACATED", the "15' WATER LINE EASEMENT TO BE VACATED", and the "5' PUBLIC UTILITY EASEMENT TO BE VACATED", described and shown cross -hatched on Exhibit A attached hereto, said easements having been dedicated and created by subdivision plat for 'Section No. 2, "QUAIL RIDGE"', dated October 4, 2002, and recorded in Plat Book 26, page 3, located in the Cave Spring Magisterial District, be, and hereby are, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended). 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, R & J Enterprises, LLC. 3. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. a 2 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: &A4.& a. k4� Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney e 3 6 WATER LAE EASE WENT TO BE VACATED CORNER BEARING DISTANCE WI -W2 N 345327" W 15.00' W2=W3 N 55V6'33' E 71.30' W3 -W4 5 34'5327" E 15.00; W4 -W5 S 55-0633.' W 15.47' W5 -W6 S 342134" E 7;46' W6 -W7 S 55-06,'33' W 10.00' W7 -W8 N 3421'34' W 7.46'. WE-Wl S 55-06'33" W' 45.84' ' AREA = 1,144 S.F. 5' PUBLIC UTILITY EAaS4OVT To EIE YACA' TE ' CORNER BEARING DISTANCE Ul-U2 N 345327' W 5.00' U2 -U3 N 55-06'33" E 61.30' U3 -U4 N 34 5327" W 24.00' U4 -U5 N 55106'33' E 5.00' U5 -U6 S 34 5327' E 29.00' U6-Ul S 55-06'33" W 1 86.30' AREA = 552 S F. EX. = DQSTING P.B. = PLAr.BOoK PG = PAGE S F. = SQUARE FEET RIGHT OF WAY TO BE VACA TED EC &S.E (P.O. 26, PG. 3) LOT i6 ���j� EtTSTTNG 24''R/W VACATED—� ta6ldlt: R P.B. 26, PG 197 5 4O�6QG LOT 15 F�TWO15'SAIIP7'/If�'8 vbM, E4S6lEIVT TO BE VACATED EX 1s' wLE W2 LOT 16 (P.B. 26, PQ 3) EXISTMG 24' R1w VACATED – – P B. 26_ PG -197 – QUAIL. RII�C,E 15'. r W4 cls _ FEX 1i'ATM BLOWOFF - - - - 5 0� G LOT 15 _ Q0. Ex►sTirvo 1� wATH� c�dE EASL�vr �' TO BE VACATED NEW 5' RU.E L -7 -7 - -------------- LOT 16 W U5 CN)A E?a577NG 24' RIW VACATED �C+LE U2 P.B. 26, PG 197 U, Dw 5' P.U.E. (P.B. 26, PG. 3) LOT 15 U6 O�Q�QG rye. EXf3w 5' P(aiJC UTdJTY �� E4SEUWT TO BE VACATED NOTES. 1. THE INTENT OF •TIiIS PLAT IS TO VACATE A PORTION OF THREE EASEMENTS AND DOES 'NOT CONSTITUTE A BOUNDARY SURVEY. PLAT SHOWNG VACATION OF A POR77ON OF EXISTING 15' SANITARY SEWER EASEMENT 15' WATER LINE EASEMENT 5' PUBLIC UTILITY EASEMENT CREATED IN "QUAIL RIDGE", SECTION No. 2; P;B; 26, PG. 3 SITIJATED AT THE TERMINUS OF QUAIL RIDGE CIRCLE CAVE SPRING MAGISTERIAL DISTRICT IZOANOKE COUNTY; VlRGINL4 Exhibit A E DATE: SEPTEMBER 26, 2003LUMSDEN ASSOCIATES, P.C. ENGINEERS=SURVEYORS-PLANNERS ROANOKE, VIRGINIA ° COMM. SCALE _ 1" �� NO.: 2001 014 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 P.O. BOX 20669 FAX: (540) 772-9445 CADD FILE: Exhibit A E AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-11 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN LOTS 22, 23, 24 AND 25, TINKER KNOLL, PLAT BOOK 3, PAGE 1, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "TINKER KNOLL", dated February 7,1947, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 1, certain public easements were created, including a 10' utility easement located between Lots 22, 23, 24, and 25; and, WHEREAS, the petitioners, Donald W. Beckner, Jr., and Donna L. Beckner, husband and wife, are the owners of Lot 24, Tinker Knoll, and the adjacent owners, James Robert Hill and Debbie Rodey Hill (Lot 22), Kathyleen H. Damewood (Lot 23), and Wynn B. Brua (Lot 25), have joined in petitioners' request to vacate the easement; and, WHEREAS, the Petitioners have requested that said portion of the utility easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2- 2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, there has been no objection raised by the appropriate public utility companies entitled to use the subject easement; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on October 14, 2003; the public hearing and second reading of this ordinance was held on October 28, 2003. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public utility easement, being ten feet (10') in width and extending between Lots 22, 23 and 24, and further extending between Lots 24 and 25, in Tinker Knoll Subdivision, in the Hollins Magisterial District of the County of Roanoke, Virginia, as shown on the subdivision plat entitled "TINKER KNOLL", dated February 7, 1947, and recorded in the aforesaid Clerk's Office in Plat Book 3, page 1, and as further shown as 10' Public Utility Easement" on Exhibit A attached hereto, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended). 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 3. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 6 2 A COPY TESTE: &" 0, 4�L� Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 7f 15. M OIINEBS Lot 22 Property of James Robert and Debbie Bodey Hill Lot 23 Property of Hathyleen H. Damewood Lot 24 Property of Donald IF. Jr. and Donna L. Beckner Lot 25 Property of / Wynn B. Brua Lot 23 ,70 60.15 ROANOKE COUNTY Plat showing existing 10' Public Utility DEPARTMENT OF Easement along of Lots 22, 23, 24, 25 COMMUNITY DEVELOPMENT (Plat Book 3, Pg 1 of TINKER KNOLL) e Tax Yap No.27. f0-4- f, f9, f 8,22 Date 09-22-03 Sco.le: f'=60' EXHIIBIT A AT A REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-12 PROVIDING FOR ONE OR MORE NON-EXCLUSIVE FRANCHISES TO CONSTRUCT, OPERATE AND MAINTAIN ONE OR MORE CABLE TELEVISION SYSTEMS WITHIN THE COUNTY OF ROANOKE, VIRGINIA WHEREAS, pursuant to applicable law, policies and procedures are established in this Ordinance whereby the County of Roanoke, Virginia ("County"), may grant certain entities, their successors and assigns, a non-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 to the construction, operation and maintenance of a Cable Television System under, over, upon and across the streets, alleys, sidewalks, and rights-of- way of the County to provide Cable Service to the residents and citizens of the County, and to the persons, firms, and corporations doing business therein, and to use the property of other entities 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 entities 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; and WHEREAS, the provisions of this Ordinance shall apply to all cable television Franchises granted, extended or renewed after the effective date of this Ordinance, and shall also apply to all Cable Television Franchisees existing as of the effective date in the event and as of the date of any extension or renewal of an existing Franchise requested by such Franchisee. WHEREAS, the first reading of this revised cable television franchise ordinance was held on October 14, 2003, and the second reading and public hearing was held on October 28, 2003. THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: TABLE OF CONTENTS (continued) Section21. Costs.............................................................................................. 48 Section 22. Open Video System Operation....................................................... 49 Section23. Severability..................................................................................... 49 Section 24. Acceptance of Franchise................................................................ 50 Section 25. Franchisee to Abide by Applicable Laws ........................................ 51 Section 26. Repeal of Prior Inconsistent Ordinances and Resolutions .............. 51 Section27. Effective Date................................................................................. 52 Appendix A. FCC Customer Service Standards 3 0 (d) "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. (e) "Chief Executive" shall mean the administrator of a county, manager of a city, or manager of a town, as the context may require. (f) "City" shall mean the City of Roanoke, Virginia. (g) "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. (h) "County" shall mean the County of Roanoke, Virginia. (i) "EG" shall mean the educational and governmental access component of PEG Access as defined in Section 2(w) hereof. 0) "Elementary and Secondary Schools", whether capitalized or not, shall mean all public institutions operated for the purposes of teaching students enrolled in the elementary (including kindergarten), middle and high school grades. (k) "FCC' shall mean the Federal Communications Commission or its successor. (I) "Franchise" shall mean the grant of authority, embodied in a franchise agreement between the County and a particular Franchisee, authorizing that Franchisee to construct, own, operate and maintain a cable system and provide cable service in the Service Area defined by that agreement. (m) "Franchise Area," for the purposes of establishing any entitlement to regulate rates charged by a Franchisee pursuant to the Cable Act, or any subsequently adopted counterpart thereof or governing regulatory provision relating thereto, shall mean and be 5 0 or credits, provided any such bad debt subsequently collected shall be considered "Gross Revenues" in the period collected. In the event any revenues derived by Franchisee or its parent or affiliates relate to the System in conjunction with other cable systems outside the Service Area owned or operated by Franchisee, its parent or its affiliate, then such revenues shall be fairly pro -rated among the various systems, and the portion of such revenues attributable to the Franchisee's System in the County based on such a pro -ration shall be considered "Gross Revenues". (q) "Higher Education Center" or "Roanoke Higher Education Center" shall mean the Higher Education Center providing extension services and located in the City. (r) "Home" shall mean any single family dwelling unit, whether a house, apartment, trailer or mobile home, rented room or otherwise. (s) "Local Government" shall mean, as the context may require, the City, the County, or the Town, or all of them collectively. (t) "Local Government Occupied Buildings" shall mean those buildings owned in whole or in part by the County, the City, or the 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 the County, City or Town. (u) "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. (v) "Person" shall mean any individual, firm, partnership, association, corporation, company, trust, or entity of any kind, but shall not include the County, the City, or the Town. 7 (dd) "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. (ee) "Streets" shall mean all public streets, roads, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parkways, alleys, and all other public rights-of-way within or belonging to the County, City or Town; as the context may require. (ff) "Subscriber" or "User" shall mean any person or entity lawfully receiving any service provided by or carried on a Franchisee's Cable System. (gg) "Town" shall mean the Town of Vinton, Virginia. (hh) "VDOT" shall mean the Virginia Department of Transportation. Section 3. Grant of Authority. (a) 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. The Franchise shall authorize such Franchisee, within its Service Area, to construct, erect, operate and maintain, in, upon, along, across, above, over and under the Streets of the County, poles, wires, cable, underground conduits, manholes, and such other conductors and fixtures for the maintenance and operation of a Cable Television System to provide Cable Service, 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 the terms of any agreement relating to the initial grant, extension or renewal of the Franchise. Any Franchise 0 0 (1) A written application shall be filed with the County for (A) grant of an initial Franchise; (B) renewal of a Franchise; (C) modification of a franchise agreement pursuant to this Ordinance or the Cable Act; and (D) consent to a transfer of a Franchise. An applicant shall demonstrate in its application compliance with all requirements of this Ordinance and all applicable laws. (2) To be acceptable for filing, a signed original of the application shall be submitted together with five (5) copies. The application must be accompanied by any required application filing fee, conform to any applicable request for proposals or invitation for bid, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. (3) An applicant for an initial or a renewal Franchise or transfer of a 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 application. (4) All applications accepted for filing shall be made available by the County for public inspection. (b) Application for Grant of a Franchise other than a Cable Act Renewal Franchise. (1) An application for the grant of a new Franchise may be filed pursuant to a request for proposals ("RFP") or invitation for bid ("IFB") issued by the County or on an unsolicited basis. The County, upon receipt of an unsolicited application, may issue an RFP or IFB. If the County elects to issue an RFP or IFB upon receipt of an unsolicited application, the applicant may submit an amended application in response to the RFP or IFB, or may inform the 11 a and interests of the community, taking into account the cost of meeting such needs and interests. (E) Whether the applicant proposes to provide adequate PEG Access channel capacity, facilities, or financial support. (F) Whether issuance of a Franchise is warranted in the public interest considering the immediate and future effect on the Streets and private and public property that would be used by the Cable System, including the extent to which installation or maintenance as planned would require replacement of Streets or property or involve disruption of property, public services, or use of the Streets and the comparative superiority or inferiority of competing applications. (G) Whether the applicant or an affiliate of the applicant owns or controls any other Cable System in the County, or whether the granting of the application may eliminate or reduce competition in the delivery of Cable Service in the County. (3) If the County finds that it is in the public interest to issue a Franchise considering the factors set forth above, and subject to the applicant's entry into an appropriate franchise agreement with County, it shall grant a Franchise to the applicant. If the County denies a Franchise, it will issue a written decision explaining why the Franchise was denied. Prior to deciding whether or not to issue a Franchise, the County may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The County also may grant or deny a request for a Franchise based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP or IFB. The County also reserves the right to 13 0 (2) A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel. (3) A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to a demonstration that the applicant meets the following criteria: (A) That the applicant has not submitted an application for an initial or renewal Franchise to the County, which was denied, or as to which any challenges to such franchising decision were finally resolved adversely to the applicant, within three (3) years preceding the submission of the application. (B) That the applicant has not had any cable television franchise validly revoked by any franchising authority within three (3) years preceding the submission of the application. (C) That the applicant has the necessary authority under Virginia law to operate a cable system. (D) That the applicant holds or is qualified to obtain, any necessary federal licenses or waivers required to operate the System proposed in the application, and that the applicant is otherwise qualified to own and operate the System under federal law. (E) That the applicant, or any of its officers, directors, partners, or shareholders holding greater than a ten (10) percent interest have not, during the ten (10) years preceding the submission of the application, been convicted of any act or omission of such character that the applicant cannot reasonably be relied upon to deal truthfully with the County or Subscribers or to substantially comply with obligations under applicable law, including 15 (8) A description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend location, and PEG Access facilities. (9) Where applicable, a description of the construction of the proposed System, including an estimate of plant mileage and its location, the proposed construction schedule, and general information on the availability of space in existing conduits and poles to accommodate the proposed System. (10) A demonstration of how the applicant will reasonably meet the future cable -related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the County, and how the applicant will provide adequate PEG Access channel capacity, facilities, or financial support to meet the community's needs and interests, and how such capacity, facilities, and financial support will be funded. (11) Any other information as may be lawful and reasonably necessary to demonstrate an applicant's ability to comply with the requirements of this Ordinance. (12) Information that the County may lawfully request of the applicant that is relevant to the County's consideration of the application. (13) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments to the extent they are incorporated into a Franchise, and certifying that the applicant meets all federal and state law requirements to construct, erect, operate, and maintain a Cable System. 17 0 (3), (6), (11), (12), and (13), and where any changes in such information are contemplated, the information set forth in subsections 4(d) (7), (8), (9), and (10). (2) In determining whether a transfer application should be granted, denied, or granted subject to conditions, the County may consider the legal, financial, and technical qualifications of the transferee to operate the Cable System; any potential impact of the transfer on Subscriber rates or services; whether the incumbent Franchisee is in substantial compliance with its Franchise and, if not, whether the incumbent or the transferee furnishes adequate cure or assurance of cure; whether the transferee owns or controls any other Cable System in the County; and whether transfer of the System or control of the Franchisee to the transferee or approval of the transfer would otherwise adversely affect Subscribers, the public, or the County's interests under this Ordinance, the Franchise, or other applicable law. No transfer application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this Ordinance and the Franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous Franchisee for all purposes. Section 5. Roanoke Valley Regional Cable Television Committee. As of the date of adoption of this Ordinance, the County, the City and the Town have, pursuant to ordinances duly adopted by each of them, jointly established a 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 comprise eleven (11) members and have the duties and responsibilities as set forth below: 19 0 (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 ten (10) days advance notice to be provided whenever reasonably possible, except when the CATV Committee holds a closed meeting. (g) Powers and Duties. The CATV Committee shall: Franchises. (i) Advise the affected Governing Bodies concerning any applications for (ii) Provide for the development, administration, and operation of EG access facilities and programming for the County, City and Town as provided for in this Ordinance and any franchise agreements. The administration of all such EG activities shall be undertaken by the Committee. (iii) 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. Cable rates. (iv) Advise the affected Governing Bodies concerning the regulations of (v) 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 record of all resolutions; and report annually to each Governing Body the results of its actions with respect to such complaints. 21 e Section 7. PEG Access. PEG Access channel capacity, facilities and support requirements shall be specified in the Franchise between the County and the Franchisee, and shall be sufficient to satisfy the County's cable -related community needs and interests. Section 8. System Operation. (a) Every Franchisee shall operate its Cable System as required by the FCC's rules and regulations, including, without limitation, ensuring compliance with all applicable provisions of 47 C.F.R. §76.601, et seq. (FCC 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 47 C.F.R. §76.601 and any other performance tests that may be required by subsequent amendment of the FCC's rules and regulations. (b) Unless otherwise provided for in a Franchise, within six months after receipt of written request from the County, a Franchisee shall interconnect its System with the Cable System of any overlapping or adjacent cable operator in the County, City or Town. Such interconnection, including bidirectional capability, shall be performed on terms mutually and reasonably acceptable to the Franchisee and the other operator, including arrangements to share equitably the cost of design, installation, and all necessary equipment, hardware, and accessories to accomplish the interconnection. Section 9. Indemnification and Insurance. 23 0 rating service, and the County, the CATV Committee, and their officers, representatives, employees, agents and volunteers shall be named as additional insureds thereunder, and an endorsement to that effect from the insurer must be received by the County within thirty (30) days of commencement of a Franchise. 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 minimum basic coverages by an amount not to exceed the amount necessary to compensate for the County's increased general liability insurance coverage, or the County's increased self-insured exposure, for the three years immediately preceding the date of such notice from the County. (c) Every Franchisee shall obtain workers' compensation insurance as required by the laws of the Commonwealth of Virginia, with such insurance to be written by a company licensed to do business in the Commonwealth of Virginia, which company shall be rated not less than "A" by Best's rating service. Such policy shall contain a waiver of subrogation in favor of the County, the CATV Committee, and their officers, representatives, employees, agents and volunteers. (d) Each Franchisee shall ensure that its contractors, subcontractors and agents maintain commercial general liability insurance coverage sufficient to protect the County, the CATV Committee, and their officers, representatives, employees, agents and volunteers from any loss arising from work performed on such Franchisee's behalf. (e) No insurance policy shall be cancelable or non-renewable until thirty (30) days after receipt by the County of notice of intention to cancel or non -renew. 25 (2) Repair Procedure. Franchisee shall have a local listed telephone number for receipt of requests for repairs at any time, twenty four (24) hours per day, seven (7) days per week. Franchisee responses to such requests shall occur within twenty four (24) hours after Franchisee's receipt of such a request, oral or written, excluding Sundays and holidays. Verification of the problem and Franchisee's best efforts to resolve the problem shall occur within forty eight (48) hours. In any event, resolution should occur within five (5) business days. Those matters requiring additional maintenance, repair, or technical adjustments that require more than five (5) business days to complete shall be reported in writing to the Subscriber and, if requested, to the County. The County may require reasonable documentation to be provided by Franchisee to substantiate a request for additional time to resolve any such complaint. (3) Responsiveness. Franchisee shall respond seven (7) days a week within two hours to any outage affecting five (5) or more subscribers due to the same event or occurrence ("Area Outage") which occurs between the hours of 7:00 a.m. and 9:00 p.m., and by not later than 11:00 am the following day to any Area Outage which occurs between 9:00 p.m., and 7:00 a.m., the following day. Such response shall mean actual commencement of trouble shooting and repairs, plus contact with the complaining Subscriber(s), if reasonably possible under the circumstances. (4) Mean time between failures. The average time between Area Outages shall not exceed twenty four (24) hours in any twelve (12) month period. It shall be computed by dividing the operating time by the number of Area Outages. 27 e Subscribers at least annually, and to the County and all Subscribers at such time as there is any change in such policy. (2) Complaint Records. Franchisee shall maintain records showing the date of receipt of all written complaints received (including those received via electronic mail) and identifying the Subscriber, the nature of the complaint, and the date action was taken by Franchisee in response thereto, together with a description of such action. Such records shall be kept available at Franchisee's local office for at least two (2) years from date of receipt, for inspection by the County as it may at any time and from time to time reasonably request, during business hours and upon reasonable notice. A periodic log of all complaints and resolutions, by category, shall be provided to the County and the CATV Committee or its designee upon request. Complaints that remain unresolved for a period of ten (10) working days or more shall be reduced to writing by the Franchisee and submitted to the County or its designee for appropriate action. (3) Complaint Notice. Franchisee shall provide written notice detailing all actions taken to resolve complaints submitted to the County within five (5) business days from written or telephone notification by the County of the complaint. Franchisee shall provide service -call and outage reports to the County or the CATV Committee upon request. (d) Free Basic Service. Franchisee shall provide basic tier service and the most widely subscribed -to tier of cable programming service without charge to each Local Government Occupied Building, fire station, police station, any other County -owned or County - occupied buildings (excluding housing units and buildings owned by the County but not used for 29 0 (g) Parental Guidance Control. Consistent with the Cable Act (47 U.S.C. §544(d)(2)(A)), Franchisee shall make available to any Subscriber so requesting, at reasonable cost, a "parental guidance control" or "lockout key" which will permit the Subscriber to eliminate intelligible audio and video reception of any or all of the premium service channels. Franchisee shall notify all Subscribers of the availability of such parental -control devices. (h) Call Recording Service for Current Known Outages. Franchisee shall provide a telephone number which provides a recorded message of access to an employee or agent or Franchisee, on a twenty four (24) hour basis. The recorded message shall describe current known System deficiencies and outages and thereafter accept recorded messages from Subscribers, who may leave their names; request service; report outages; and request credit for down time. (i) Preventative Maintenance. Franchisee shall establish and adhere to a preventive maintenance policy directed toward maximizing the reliability and maintainability of the Cable System with respect to its delivery of Cable Service to Subscribers at or above the technical standards established by the FCC. When it is necessary to interrupt Cable Service for the purpose of making repairs, adjustments, installations or other maintenance activities, Franchisee shall do so at such times as will cause the least inconvenience to its Subscribers, generally between the hours of 11:30 p.m. and 6:30 a.m. the next morning. 0) Repair Capability. Franchisee shall maintain sufficient qualified technicians, service vehicles, and test and repair equipment to provide repair service within the parameters set forth below. 31 e in advance of any changes. Franchisee shall comply with all relevant state and federal laws and regulations with respect to its billing practices. (n) Pro -rated Service. In the event a Subscriber's service is terminated for any reason, monthly charges for service shall be pro -rated on a daily basis. Where advance payment has been made by a Subscriber, the appropriate refund shall be made by Franchisee to the Subscriber within thirty (30) days of such termination, unless the amount is less than $5.00, which amount shall be refunded only upon the Subscriber's request. (o) Disconnection for Non -Payment. Franchisee shall have the right to disconnect a Subscriber for failure to pay an overdue account provided that: (1) Franchisee's billing practices and policy statements have set forth in writing the conditions under which an account will be considered overdue; and (2) Franchisee provides written notice of its intent to disconnect at least fifteen (15) days prior to the proposed disconnection; and (3) The Subscriber's account is at least thirty (30) days delinquent computed from the first day of service for which payment has not been made. (p) Installation of Equipment. Unless otherwise provided by law, Franchisee shall not install its System on private property without first securing written permission of the owner or tenant in possession of such property or the written permission of the holder of any easement for utility lines or similar purposes, and in accordance with law. Upon request, Franchisee shall inform owners and tenants of the functions of all equipment installed on private property. (q) Monitoring and Privacy. Unless otherwise provided by law, neither Franchisee nor any of its offices, employees, agents or contractors shall, without prior written consent of all affected 33 0 to facilitate or accommodate the installation, alteration, repair or changing of the grade or location of a street, or the construction, alteration, repair or installation of any other public works or the construction of public improvements in, on, or under the Streets. Every Franchisee shall also maintain and, upon request, make available at its local office, for review and copying 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 holds, which statement may consist of the Franchisee's annual report. (c) Upon request, a Franchisee shall file with the County Administrator copies of rules, regulations, terms and conditions adopted by the Franchisee for the conduct of its business. Section 12. 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 ensure compliance with the terms of this Ordinance, other pertinent provisions of law and any Franchise granted hereunder. No poles, underground conduits, or other wire or cable -holding structures shall be erected by a Franchisee without prior approval of the County or its duly authorized personnel, or, unless such consent is not required by applicable law, by abutting property owners where the County does not own, or hold some other right of way property interests in, the area in which such structures are to be erected. To the extent possible, a Franchisee shall use existing poles and underground conduits throughout the County. Any poles, underground conduits or other fixtures that a Franchisee is authorized by 35 a (c) A Franchisee shall be required to extend energized trunk cable and make Cable Service available to any and all portions of the County within the limits of its defined Service Area with a density of at least twenty (20) Homes per linear mile for aerial installations and thirty (30) Homes per linear mile for underground installations. For purposes of calculating this density requirement, all Homes within one hundred fifty (150) feet of any Street or other right- of-way suitable for cable trunk installation shall be counted in density determinations, and shall be considered as satisfying the 20 or 30 Homes- per -mile density requirement, as appropriate. In the event that the owner of any Home or other structure within a Franchisee's Service Area not meeting the density requirement is willing to agree 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 150 feet from any trunk line. (d) In case of any disturbance of pavement, sidewalk, driveway or other surface, a Franchisee shall, at its sole cost and expense and in a manner approved by the County or as required by any applicable County policy or standards generally applicable to similar construction in the Streets, replace and restore all paving, sidewalk, driveway or surface disturbed in as good condition as before such work was commenced. (e) In the event that at any time during the period of a Franchise, the County or VDOT shall elect to alter or change the grade, width, or other characteristic of any Street, alley or other public way, the affected Franchisee, upon reasonable notice by the County or VDOT, at 37 e (i) No Franchisee shall install above -ground facilities in any portion of its Service Area where all public utility lines are underground, or in any area of the County designated as an underground utility area, and every Franchisee shall be obligated to relocate its existing facilities underground in any portion of its Service Area within ninety (90) days after all public utility lines in that portion of its Service Area have been placed underground, provided, however, that Franchisee may request a partial waiver of this requirement with respect to certain ground - mounted appurtenances, such as Subscriber taps, line extenders, System passive devices (splitters, directional couplers, etc.), amplifiers, power supplies, network reliability units, pedestals, or other related equipment. Q) Vehicles owned or leased by a Franchisee and used in the installation, construction or repair of the Franchisee's System or installation or repair on Subscribers' premises 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, which shall provide the employee, contractor, or subcontractor's name, local business address and local business telephone number. Section 13. Emergency Alert System. Every Franchisee shall comply with the federal Emergency Alert System ("EAS") standards established by Part 11 of the FCC's Rules (47 C.F.R. §11) and any state or local EAS plan approved thereunder. In addition, and to the extent not preempted by federal law or regulation, each Franchisee shall provide for use by such authorized persons as are designated by the County, an emergency override capability whereby the audio or video portion of programming carried on all channels may be interrupted for the insertion of emergency 39 0 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. . Section 16. 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 as it shall find necessary and that are a lawful exercise of its police power. (b) The County shall have the right to supervise, inspect and approve or disapprove all construction or installation work performed by a Franchisee in the Streets, subject to the provisions of this Ordinance and other County laws, ordinances, resolutions, rules and regulations, and to make such inspections as it shall find necessary to ensure compliance with applicable County laws, ordinances, resolutions or regulations. (c) All Streets, rights-of-way, and easements that a Franchisee is permitted to use hereunder shall remain the property of the County or VDOT, as appropriate. Until such time as poles or other equipment are actually installed by a Franchisee, and in the event of future removal of such poles or other equipment, such rights shall remain vested in or immediately 41 0 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 need be paid until such liability is established by the 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 proceedings; (ii) to collect upon any security posted; and/or (iii) implement procedures to revoke the Franchise and declare the security forfeited. Section 17. Franchise Fee. (a) Unless a lesser amount is specified in a Franchise, each Franchisee shall pay the County on a quarterly basis a fee (a "Franchise Fee") equal to 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 thirty (30) days after the end of the calendar quarter on which such fee is based. Such payment shall be accompanied by a report, in a form acceptable to the County, itemizing the revenue sources on which the fee payment was calculated and showing how the payment amount was calculated. Any payment made after the date on which it is due shall be subject to a five percent (5%) late payment fee plus interest at the rate that the County is then currently charging for late payments owed to the County. 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 43 0 decrease by the Board of Supervisors and not less than ninety (90) days advance notice to each affected Franchisee. (e) 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 similarly situated entities doing business within the County. Section 18. Records and Reports. The County and its representatives shall have access during normal business hours to a Franchisee's plans, maps, electronic data, documents, contracts, and engineering, accounting, financial, and statistical data, and, subject to the Subscriber privacy provisions of Section 631 of the Cable Act (47 U.S.C. § 551), customer and service records relating to the Cable System and its operation within the County by the Franchisee and to all other records required to be kept hereunder. The County may review, copy, and audit any such records, documents or electronic data. Section 19. Franchise Revocation. (a) Whenever any Franchisee shall refuse, neglect or willfully fail to construct, operate or maintain its Cable System or to provide Cable 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 materially violates this Ordinance or other law, ordinance, resolution, rule, or regulation, 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 45 0 (iv) if such assets are abandoned or deemed abandoned under applicable law, succeed to ownership or title thereof. Unless some later date is agreed to by the Franchisee, such option must be exercised by the County within one (1) 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 Appraisal Institute or its successor) 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 ten percent (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 ten percent (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 be binding upon the County and the Franchisee. Any valuation determined in accordance with the immediately foregoing procedures shall conclusively be deemed as an equitable price, as specified at 47 U.S.C. § 547. (c) The revocation of a Franchisee's rights as set forth herein shall in no way affect any other rights the County may have under the Franchise with such Franchisee or under this 47 The County may require that each applicant for an initial, renewal, modification or transfer of a 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 a 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 fourteen (14) days of presentment to the Franchisee. Section 22. Open Video System Operation. In the event that any person shall obtain certification from the FCC 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, or may lawfully be, 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 person except to the extent expressly prohibited by law or regulation. Section 23. Severability. (a) All terms and conditions of this Ordinance and any Franchise are subject to the rules and regulations of, and to any required approval of, federal and state agencies. If any provision of this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency of competent jurisdiction to be invalid as conflicting with any federal or state law, 49 Section 25. Franchisee to Abide by Applicable Laws. By accepting a Franchise and executing a Franchise Agreement, a Franchisee agrees that it will abide by all applicable federal, state and local laws, rules and regulations. Section 26. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior ordinances or resolutions or parts thereof concerning cable television that are inconsistent with or contravene this Ordinance or any Franchise granted thereunder are hereby repealed as of the effective date of this Ordinance. 51 a APPENDIX A FCC CUSTOMER SERVICE STANDARDS 47 C.F.R. §76.309 76.309 Customer service obligations (a) A cable franchise authority may enforce the customer service standards set forth in section (c) of this rule against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. (b) Nothing in this rule should be construed to prevent or prohibit: (1) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in section (c) of this rule; (2) A franchising authority from enforcing, through the end of the franchise term, pre-existing customer service requirements that exceed the standards set forth in section (c) of this rule and are contained in current franchise agreements; (3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or (4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by, the standards set forth in section (c) of this rule. (c) Effective July 1, 1993, a cable operator shall be subject to the following customer service standards: (1) Cable system office hours and telephone availability. (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. • normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. (3) Communications between cable operators and cable subscribers. (i) Refunds. Refund checks will be issued promptly, but no later than either - (A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated. (ii) Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. (4) Definitions. (i) Normal Business Hours. The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. (ii) Normal Operating Conditions. The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. 3 cc: File Joseph B. Obenshain, Senior Assistant County Attorney Robert R. Altice, Chairman, Roanoke Regional Cable TV Committee Mike Pedelty, Director, Public Relations, Cox Communications Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council Elaine Simpson, Government Access Director 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-13 APPROVING AND AUTHORIZING THE EXECUTION OF A CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE COUNTY OF ROANOKE, VIRGINIA AND COXCOM, INC., d/b/a COX COMMUNICATIONS, ROANOKE WHEREAS, by Agreement dated May 1, 1991, the County entered into a Cable Television Franchise Agreement for a term of 12 years with Cox Cable Roanoke, Inc., predecessor in interest to CoxCom, Inc., d/b/a Cox Communications Roanoke (Cox), which was authorized by Ordinance No. 42391-15; and WHEREAS, representatives of the County, along with representatives of Roanoke City and the Town of Vinton, have been renegotiating a renewal agreement with Cox; and WHEREAS, on April 22, 2003, by Ordinance No. 42203-7, the Roanoke County Board of Supervisors extended the 1991 Cable Television Franchise Agreement for six months, until October 31, 2003, to allow the renewal negotiations to be completed; and WHEREAS, such negotiations have been completed and a Cable Television Franchise Agreement acceptable to the County of Roanoke, and also to the City of Roanoke and the Town of Vinton, has been reached, subject to approval by the Roanoke County Board of Supervisors; and WHEREAS, Cox is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and G 6 WHEREAS, the first reading of this ordinance and on the County's adoption of a revised Cable Television Franchise Ordinance was held on October 14, 2003, and the second reading and public hearing of this ordinance and the revised Cable Television Franchise Ordinance was held on October 28, 2003, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matters; and WHEREAS, the Board of Supervisors has previously passed a revised Cable Television Franchise Ordinance that becomes effective on October 31, 2003. BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. The Board of Supervisors hereby approves the terms of the Cable Television Franchise Agreement by and between the County of Roanoke, Virginia and CoxCom, Inc. d/b/a/ Cox Communications, Roanoke, as of November 1, 2003, attached hereto. 2. The County Administrator is authorized to execute, on behalf of the County, a Cable Television Franchise Agreement by and between the County and CoxCom, Inc., d/b/a Cox Communications Roanoke in a form substantially similar to the one attached hereto, and in a form approved by the County Attorney. Such Agreement will provide for a term of 15 years, from November 1, 2003 through October 31, 20018, a Franchise Fee Payment to the County of 5% of Cox's gross revenues, a capital grant for educational and/or governmental access equipment and facilities for allocation among the County, Roanoke City and the Town of Vinton in the total amount of $1,150,000.00 to be paid in accordance with the schedule set forth in the Agreement mentioned above, and such other terms and conditions as are deemed to be in the best 0 2 e interest of the County of Roanoke. 3. The County Administrator is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Cable Television Franchise Agreement. 4. This ordinance shall be in full force and effect from its passage. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: 0. l Brenda J. Ftblton, CMC Deputy Clerk to the Board of Supervisors cc: File Joseph B. Obenshain, Senior Assistant County Attorney Robert R. Altice, Chairman, Roanoke Regional Cable TV Committee Mike Pedelty, Director, Public Relations, Cox Communications Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council Elaine Simpson, Government Access Director 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 2003 ORDINANCE 102803-14 TO AMEND THE PROFFERED CONDITIONS ON A 99.38 -ACRE TRACT OF REAL ESTATE (McDONALD FARM) LOCATED AT THE 2100 BLOCK OF HARDY ROAD (TAX MAP NO. 71.11-1-1) IN THE VINTON MAGISTERIAL DISTRICT, WITH A ZONING CLASSIFICATION PTD WITH CONDITIONS, UPON THE APPLICATION OF THE TOWN OF VINTON WHEREAS, the first reading of this ordinance was held on September 23, 2003, and the second reading and public hearing were held October 28, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 2003; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in October of 1999 the zoning classification of a certain tract of real estate containing 99.38 acres, as described herein, and located at the 2100 block of Hardy Road (Tax Map Number 71.11-1-1) in the Vinton Magisterial District, was changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PTD, Planned Technology Development District, with the following conditions: All submitted materials, including "Protective Covenants, Conditions, and Restrictions for the McDonald Farm" in addition to the following proffers: (1) On Parcels "G" and "H" on the concept plan dated August of 1999, Mattern & Craig, Inc., all exterior building materials shall be residential in character. The exterior wall materials shall be limited to brick, stone, wood, vinyl or aluminum siding and other materials customarily found on residential structures. Exterior colors shall be predominantly earth tone colors. On Parcels "G" and "H" roof pitch shall be no less than a 4/12 pitch and roof materials shall be non -reflective, earth tone colors. (2) Buildings on Parcel "A" identified on the concept plan dated August of 1999, Mattern & Craig, Inc., shall be oriented inward on a central, landscaped parking area. No customer parking shall be permitted to the rear of the buildings. (3) Any residential, civic, office, commercial, industrial or miscellaneous use types listed in the Roanoke County Zoning Ordinance, that require a Special Use Permit, shall also require a Special Use Permit under this Planned Technology District rezoning, except as amended by the "Protective Covenants, Conditions and Restrictions for the McDonald Farm". (4) Broadcasting Towers shall be prohibited. 2. That revision of the proffered conditions is taken upon the application of The Town of Vinton. 3. That the owner of the property has voluntarily proffered in writing the following revised condition (1) which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) On Parcels "G" and "H" on the concept plan dated August of 1999, Mattern & Craig, Inc., Exterior colors shall be predominantly earth tone colors. OR PaFGe!E "r" Rd "H" rr,.,f PitGh shall be nn locc�n„a r 4/12 -pitch -and roof materials shall be non -reflective, earth tone colors. 2 All other proffers remain in effect. 4. That said real estate is a 99.388 acre tract known as The McDonald Farm (Tax Map No. 71.11-1-1) and more fully described on Exhibit 1 attached to this ordinance. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: &'ICJC� Brenda J. FTolton, CMC Deputy Clerk to the Board of Supervisors cc: File Janet Scheid, Chief Planner Arnold Covey, Director, Community Development William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 6 3 Description of a 99.388 Acre Tract Exhibit 1 Situate on Hardy Road (Route 634) Roanoke County, Virginia BEGINNING at an iron pin set on the southerly side of Hardy Road (Route 634), said point being the northeast corner of the property owned by Trustees of the First Church of God (D.B. 992, Pg. 119) and the Northwest corner of the property herein described; Thence along the southerly right-of-way of Hardy Road, S 49°28'45'' E, 144.50 feet to a iron pin set; Thence continuing with same with a curve to the left whose radius is 1934.86 feet and an arc length of 664.14 feet (chord = S 59°18'45" E, 660.88 feet) to a iron pin set; Thence continuing with same, S 69°08'45" E, 295.47 feet to an iron pin found on the northwest corner of Lot 1, Frank E. McDonald, Jr. Subdivision (D.B. 779, Pg. 141); Thence leaving the southerly right-of-way of Hardy Road and along the westerly boundary line of said Lot 1, S 8802946'' W, 19.77 feet to an iron pin set; Thence continuing with same, S 22°38'46" W, 272.30 feet to an iron pin found on the southwest corner of Lot 1; Thence along the southerly boundary line of the Frank E. McDonald, Jr. Subdivision, N 88°29'46" E, 174.18 feet to an iron pin found; Thence continuing with same, S 75'30' 14" E, 120.94 feet to an iron pin found; Thence continuing with same, S 69'08'14" E, 720.00 feet to an iron pin found on the southeast comer of the property owned by Trustees of Blue Ridge Baptist Church; Thence along the easterly boundary line of Blue Ridge Baptist Church, N 20°51'46" E, 200.14 feet to an iron pin found on the southerly right-of-way of Hardy Road; Thence along said right- of-way, S 69'08'45" E, 3.34 feet to an iron pin set; Thence continuing with same, S 68055'32" E, 145.24 feet to an iron pin set; Thence continuing with same with a curve to the left whose radius is 1942.43 feet and an arc length of 305.12 feet (chord = S 77022'30" E, 304.81 feet) to an iron pin set; Thence continuing with same, S 87'00'56" E, 116.32 feet to an iron pin set on the northwest comer of the property owned by Trustees of Blue Ridge Baptist Church; Thence leaving the southerly right-of-way of Hardy Road and along the westerly boundary line of Blue Ridge Baptist Church, S 08'36'21" W, 238.43 feet to an iron pin found on the northerly boundary line of a cemetery; Thence with said cemetery, S 84'42'46" W, 33.00 feet to an iron pin found; Thence continuing with same, S 07'40'23" W, 255.41 feet to an iron pin set on the southwest corner of said cemetery; Thence along the southerly boundary line of said cemetery, N 88'21'13" E, 261.16 feet to an iron pin found on the southeast corner of said cemetery; Thence along the westerly boundary of Blue Ridge Baptist Church, S 24'24' 17" E, 119.08 feet to an iron pin found on the northerly right-of-way of the Blue Ridge Parkway; Thence along the northerly right-of-way of the Blue Ridge Parkway, S 49005'23" W, 616.63 feet to a USDA NPS monument; Thence continuing with same, S 80015'58" W, 1349.87 feet to a USDA NPS monument; Thence continuing with same, S 77032'33" W, 1160.32 feet to a USPS NPS monument; Thence leaving the .northerly right-of-way of the Blue Ridge Parkway and along the easterly boundary line Section 7, Montgomery Village (P.B. 8, Pg. 62), N 37'57'52" W, 137.72 feet to an old pin found; Thence along the easterly boundary of Section 7, Montgomery Village, Section 4, Montgomery Village (P.B. 8, Pg. 17) and F. W. Finney Construction Corp. (D.B. 886, Exhibit 1 Pg. 738), N 00°17'59" W, 1332.49 feet to an iron pin found; Thence along the easterly boundary line of said Finney Construction Corp. and Section 1, Montgomery Village (P.B. 7, Pg. 53), N 18°45'21" E, 488.34 feet to an iron pin found; Thence along the easterly boundary line of the property owned by Trustees of the Belmont Church of God of Roanoke City (D.B. 884, Pg. 114 and The Trustees of the First Church of God (D.B. 992, Pg. 119), N 22022'55" E, 628.43 feet to the POINT Or BEGINNING and containing 99.388 Acres. 0 C3 Z Z Co 0 N CO W � p Z CC a < J tL In p W J to QQ Z a. 00 O it U a' 2