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HomeMy WebLinkAbout6/26/2012 - Regularz ►o Fir ppa Roanoke County Board of Supervisors Agenda June 26, 2012 Good afternoon and welcome to our meeting for June 26, 2012. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed- captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Judy Tavela St. Timothy Lutheran Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1. Reappointment of Special Assistant for Legislative Relations, authorization to continue an agreement and an appropriation of fiscal year 2012 -2013 funds in the amount of $32,400 (Paul M. Mahoney, County Attorney) Page 1 of 5 2. Resolution granting a waiver to Dan and Michelle Elegy under Section 13 -23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13. Offenses - Miscellaneous, Windsor Hills Magisterial District (Paul M. Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. The petition of South Peak Residences LLC, et al to rezone 11.411 acres from R -3, Medium Density Multi - Family Residential District, and C -2C, General Commercial District, with conditions, to R -4C, High Density Multi - Family Residential District, with conditions, identified as Area "A" on the Concept Development Plan for 176 multi - family residential units; and to rezone 11.940 acres from R -3, Medium Density Multi - Family Residential District, to R -3C, Medium Density Multi - Family Residential District, with conditions, identified as Area "B" on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties (077.20 -01- 48.01 -0000 and 077.20 -01- 50.00 -0000; and portions of 077.20 -01- 52.00 -0000 and 087.08 -03- 11.00 -0000) located at 4240 Elm View Road, 4252 Elm View Road, and 4486 Summit Street, Cave Spring Magisterial District G. FIRST READING OF ORDINANCES 1. Ordinance amending Chapter 20. "Solid Waste" of the Roanoke County Code (Anne Marie Green, Director of General Services) H. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the granting of anon- exclusive ten (10) foot wide easement to Cox Communications on property owned by the Roanoke County Board of Supervisors (Tax Map No. 027.13 -04- 01.00) for the purpose of an underground communications system (Anne Marie Green, Director of General Services) 2. Ordinance amending the Roanoke County Code by the adoption of a new Section 2 -11 authorizing the assessment and recovery of costs against responsible parties for actions taken to protect the public health, safety and welfare (Paul M. Mahoney, County Attorney) Page 2 of 5 3. Ordinance to accept the donation from Doris Moran of four (4) parcels of land identified as Tax Map Parcels 064.02- 01 -17, 18, 19 and 20 on Poor Mountain Road (Diane D. Hyatt, Assistant County Administrator) I. APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) 2. Capital Improvement Program (CIP) Review Committee (appointed by District) 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) 4. Total Action Against Poverty Board of Directors (Designee of Richard C. Flora) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of Minutes — May 22, 2012 2. Resolution approving the revised Flexible Benefits Plan Document for Roanoke County 3. Request from the Library to accept a $5,000 grant from the Spangler Fund and appropriate It to the Library budget 4. Request to appropriate $15,119.45 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2011 /2012 5. Request for authorization to execute Memoranda of Understanding between Roanoke County Parks, Recreation and Tourism and the City of Roanoke and the City of Salem Parks and Recreation for the provision of therapeutic recreation services K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS Page 3of5 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of May 31, 2010 5. Statement of Budgeted and Actual Revenues as of May 31, 2012 6. Statement of Budgeted and Actual Expenditures and Encumbrances as of May 31, 2012 7. Accounts Paid —May 31, 2012 O. WORK SESSIONS 1. Joint work session with the Board of Equalization of Real Estate Assessment to better understand the procedures of the assessment process (Supervisor Joseph B. "Butch" Church) (This work session is to be held in the Board of Supervisors meeting room on the first floor.) P. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2- 3711.A.29. Discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, namely, a proposal for a project under the Public- Private Educational Facilities and Infrastructure Act of 2002 for a criminal justice training facility, where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County 2. Section 2.2- 3711.A.29. To discuss and consider the employment, appointment and assignment of specific public officers or employees, namely Assistant County Administrator, and the appointment of specific appointees, namely member of the Community Development Authority and representative on the Western Virginia Regional Jail Authority EVENING SESSION Q. CERTIFICATION RESOLUTION Page 4 of 5 R. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Blue Ridge Bread, Inc. (Panera) to obtain a Special Use Permit in a C -2, General Commercial, District for the operation of a drive -in and fast food restaurant on 1.02 acres, located at 4202 Electric Road, Cave Spring Magisterial District (David Holladay, Planning Administrator) S. CITIZEN COMMENTS AND COMMUNICATIONS T. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Eddie "Ed" Elswick 2. Charlotte A. Moore 3. Michael W. Altizer 4. Joseph B. "Butch" Church 5. Richard C. Flora U. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. E- 1 Sq AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: June 20, 2012 Reappointment of Special Assistant for Legislative Relations, authorization to continue an agreement and an appropriation of fiscal year 2012/2013 funds in the amount of $32,400 Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This action reappoints Eldon James & Associates, Inc. as Roanoke County's Special Assistant for Legislative Relations. It also continues the agreement with Mr. James previously approved. It adds as a subcontractor Sue Rowland of SR Consulting, Inc. Finally, it appropriates funds for this agreement from Board Contingency. FISCAL IMPACTS The County will pay Eldon James &Associates, Inc. for the services of the Special Assistant $24,064 annually (256 hours at the rate of $94 per hour). Additional hours will be paid at a rate of $94 per hour and shall not exceed a total of 270 hours annually. This agreement adds a subcontractor, SR Consulting, Inc., to provide additional legislative relations support services with a focus on Comprehensive Services Act issues for the County and its Community Policy and Management Team (CPMT) for a payment of $7,020 annually. The total payment annually is $32,400. STAFF RECOMMENDATION: It is recommended that the Board (i) reappoint Eldon James &Associates, Inc. as Special Assistant for Legislative Relations and (ii) appropriate $32,400 from the fiscal year 2012 -2013 Board Contingency for these purposes. Page 1 of 1 ACTION NO. ITEM NO. _ E -2 Rp:)� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: June 20, 201 Resolution granting a waiver to Dan and Michelle Elegy under Section 13 -23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13. Offenses — Miscellaneous Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: Dan and Michelle Elegy have requested a waiver from the County's noise ordinance under Section 13 -23 of the Roanoke County Cade. (See attached letter.) They are hosting an indoor /outdoor music event at their home located on Ridgelea Estates Drive in the Windsor Hills Magisterial District on Wednesday, July 4, 2012. They have invited a few local bands to play amplified music in their sound - proofed basement or in their backyard. The music will begin around 5:00 p.m. and end by 10:00 p.m. The County noise ordinance was amended on May 25, 2010. Previously it defined a "noise disturbance" from musical devices as a violation if it occurred between the hours of 1 0:00 p.m. and 7:00 a.m. The amended ordinance now prohibits such sound as follows: Sec. 13 -21 (5) Operating or permitting the use or operation of any instrument, machine or any other device for the production of sound, at a volume sufficient to be plainly audible through partitions common to two (2) residences within a building or plainly audible at fifty (50) feet or more from such device or its source. The attached resolution grants this waiver of the noise ordinance and authorizes the music event to exceed the limits of the County noise ordinance as set out in Section 13 -21 (5). STAFF RECOMMENDATION: Staff recommends that the Board consider the adoption of the attached resolution. Page 1 of 1 To: Roanoke County Board of Supervisors From: Dan and Michelle Elegy Re: Request for waiver of noise ordinance on July 4 th 2012 Date: June 8, 2012 Dear Board: We are requesting a waiver of the Roanoke County noise ordinance for an event that we plan to have at our home on July 4 th 2012. We want to host a few local bands that will play in our basement. our basement is well sound - proofed and as long as we keep the doors and windows closed the noise does not exceed the limits of the noise ordinance. We do expect that at times there may be amplified music that would exceed the parameters of the Roanoke County noise ordinance especially if someone comes in or out of the walkout basement door while a band is playing. Music will start at around 5pm and end by 10pm. During that time, the bands will spend more time setting up and tearing down than they will actually performing. Total actual band playing time is likely to be about 2 hours. The event will be attended largely by young adults and will be closely supervised by us. "there will be no alcohol served or allowed on the premises. It is intended to be a fun and safe event for local young adults who are fans of local and regional rock music. The attendees will be friends of our son as well as the members of the various bands. We expect approximately 50 to 70 people to attend. When the bands are not playing, the guests will be in the back and side yards of our 1.5 acre lot. If the Board would permit, we would like to allow the bands to play outside however we will gladly limit it to the indoors if that is too much to ask. We greatly appreciate your consideration of this request for waiver of the noise ordinance. Sincerely, Dan and Michelle Elegy 5453 Ridgelea Estates Drive, Roanoke VA, 24018 540- 775 -1838 delegy@att.com AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26 RESOLUTION GRANTING A WAIVER TO DAN AND MICHELLE ELEGY UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES — MISCELLANEOUS WHEREAS, Dan and Michelle Elegy will be hosting an indoor /outdoor music event at their home located on Ridgelea Estates Drive in the Windsor Hills Magisterial District on Wednesday, July 4, 2012, beginning at 5:00 p.m. and ending at 10:00 p.m.; and WHEREAS, in order conduct this indoor /outdoor music event at their home, the Elegy's are requesting a waiver of the County noise ordinance beginning at 5:00 p.m. and ending at 10:00 p.m. on Wednesday, July 4, 2012; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the provisions of Section 13 -21. Specific acts as noise, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED for a period of time from 5:00 p.m. until 10:00 p.m. on Wednesday, July 4, 2012. 2. That this Waiver is granted specifically to Dan and Michelle Elegy for the event scheduled at their home on Wednesday, July 4, 2012. Page 1of1 ACTION NO. ITEM NO. F -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 26, 2012 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Philip - rhornpson Deputy Director of Planning APPROVED BY: B. Clayton Goodman III County Administrator ZCO3 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND The first reading on this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of this item does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County charter and schedules the required public hearing and second reading of this ordinance. The second reading and public hearing on this ordinance is scheduled for Julv 24 2012. The title of this ordinance is as follows: 1. The petition of South Peak Residences LLC, et al to rezone 11.411 acres from R -3, Medium Density Multi - Family Residential District, and C -2C, General Commercial District, with conditions, to R -4C, High Density Multi - Family Residential District, with conditions, identified as Area "A" on the Concept Development Plan for 176 multi- family residential units; and to rezone 11.940 acres from R -3, Medium Density Multi- Family Residential District, to R -3C, Medium Density Multi - Family Residential District, with conditions, identified as Area "B" on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties (077.20-01-48.01 - 0000 and 077.20 -01 -50.00 -0000; and portions of 077.20 -01 -52.00 -0000 and 087.08 -03- 11.00 -0000) located at 4240 Elm View Road, 4252 Elm View Road, and 4486 Summit Street, Cave Spring Magisterial District. Page 1 of 2 Maps are attached. More detailed information is available in the clerk's Office. STAFF RECOMMENDATION Staff recommends as follows: 1. That the Board approve and adopt the first reading of this rezoning ordinance for the purpose of Scheduling the second reading and public hearing for Julv 24 2012 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item Separately set forth as Item 1, and that the clerk is 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 action. Page 2 of 2 P� — ia County of Roanolce For Staff Use Only Communit Development Plannin & Zonin Date received: T - q - 17- Received b �TL Application fee: PC/BZA date- 5204 Bernard Drive (2 a � c% r] ZAK/' I a "f P 0 Box 29800 Roanoke,, VA 24018-0798 Placards ISSLIed: BOS date: (540) 772-2068 FAX (540) 776-7155 Case Number ALL APPLICANTS Check t of application filed (check all that appl X Rezonin ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232 Review Applicants naine/address w/zip Phone: Work: See attached sheet Cell #: Fax No.: Owner's name/address Nv/zip Phone #: Work: See attached sheet Fax No. #: Propert Location Ma District: See attached sheet See attached sheet Communit Plannin area: See attached sheet Tax Map No. See attached sheet Existin Zonin See attached sheet Size of parcel(s): Acres: See attached sheet Existin Land Use: See attached sheet REZONING, SPECIAL USE PERMIT, WAIVER AND COAIP PLAN ( 15 2-2232 REVIEW APPLICANTS (R/SAV/CP) Proposed Zonin Proposed Land Use: See attached sheet Does the parcel meet the minimurn lot area, width, and fronta re of the re district? Yes X No . IF NO, A VARIANCE IS REQUIRED FIRST. Does the pat-eel meet the niininium criteria for the re Use T Yes X No I IF N0 A VARIANCE IS REQUIRED FIRST If rezonin re are conditions bein proffered \,i,ith this re Yes X No L VARIANCE, WAIVER AND AD111INISTRA TIVE APPEAL APPLICANTS (VIWIAA Variance/Waiver of Section(s) of the Roanoke Count Zonin Ordinance in order to: Appeal of Zonin Administrator's decision to _ 1, 1 Appeal of Interpretation of Section(s): of the Roanoke Count Zonin Ordinance Appeal of Interpretation of Zonin Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTE ARE MISSING OR INCOMPLETE. PUSANI/C P NVA A JR/S/W/CP 'IAA WSAV/CP WAA I Constiltation 8 1/211 x 11" concept plan Appill Application Metes and bounds description Pi -off C Justification Water and seNver application Adjoii I Hereb certif that I am either the owner of the propert or the owner's a or contract purchaser' and am actin of the oNviler. See attached sheet — 0\vners Signattire Q F LU J Cl) C.] Z W Fn LLJ CL� Q Lv Z ❑ 0 U] W J LL z 0 .j Q CL a. Q C) Z z 0 N LU w ` V Z w Q H Q -r L a E r Q N o (Dto No to tQ No (D (D N CD (D (D mb - o Nr LO Cl t` 00 � LO t r t` oo t` � 00 � co u t` LO % r- co r*-_ CD r r mot oo r-_ CD r r d- co m r r d- vo m r r r m m co cnCVLO r r 00 LO 00 CD C] d- d' r r C) C3 d „ Kt r r a C3 It d - r r C) C) It It T r r Q 0 CD :�r � 'd' U U') LO U') U') LO U*) to�U Q3 a c Z 0 Z Q c Z Q z 0 Z D X = m 0 X = m 0 x = {Tj 0 x = CU p= X = (1) M CL LL CL LL CL LL CL LL CL U LL C) CY'3 C] C O CY7 C) LY7 Q a3 � a] a) U) CI) C13 Cf} C) OJ C) � CI) U3 C6 � D �3 0 ' -I . v j o It _j o mot- o f T- o d- W� o lq- wT- #- � o 0 J J p3 'd j C%1 L C � 0) C11 �} 'd 0) CSI (D , 0) C'4 a� Lf I .. W m N � (D .. �3 ;� c E Q� (Q m N Z3 Er W - a C) (D _0 ao� S2 43 C7 „g [B 0 L- C ) ) Q] _ -j - 0 U � > (a � _ J � j J m � � � > . �:-- I v a �, CL C a =°a =on o °C� a(D Vi a) WQ�2Z zE°�mo o pct °moo Wit, Y C o��o aJ�M � m��o aJ�[�7 9��o �� . ��oo Cf]U)CI) ❑ W��[LCI)�Nrw tl)o CI)�Nr C�� - QCN C� JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2 -2232) REVIEW REQUESTS Applicant South Peak Residences LLB et al. The Planning Commission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. See attached sheet Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. See attached sheet Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, park slrecreation and fire and rescue. See attached sheet. 3 Please explain how the request furthers the purposes of the Roanoke County ordinance as well as the purpose found at the b2 ginning of the applicable zoning district classification in the Zonis ordinance. Applicants wish to develop residential communities at South Peak with densities appropriate for their respective locations. The Estates at South Peak, a single - family neighborhood behind Lowe's and adjoining Quail Valley, Quail Ridge and the Hunting Hills community, will be developed on the 11.940 acres currently zoned R--3 and identified on the concept plan as Area B. The R-3 zoning district would allow up to 132 homes to be constructed in Area B. By proffer, the Applicants are agreeing to reduce the density in Area B from 132 lots to 23 single - family residential parcels, which is consistent with the development pattern of the adjoining Hunting Hills community a nd significantly less dense that the adjoining Quail Ridge /Quail Valley communities. Rather than densely developing along the Hunting Hills /Quail Valley /Quail Ridge boundary, your Applicants believe that residential units are better added to the condominium community under construction in Area A. Applicants propose to add one more condominium building to the condominium community, for a total of five buildings with a total of 176 units therein. The tax map parcel on which the first condominium building is currently being constructed is zoned R -3 and has a by -right allowance of 113 units. Rezoning Area A to R -4 would allow 63 units to be added to the condominium development. It would also allow Area B to serve as a buffer between its Hunting Hills and Quail Ridge /Quail Valley neighbors and the balance of the South Peak mixed -use development, as encouraged by the County's zoning ordinance. Twin goals of the zoning ordinance — to encourage appropriate residential development and to provide appropriate buffers with existing development — are met with this application. Please explain how the project conforms to the general guidelines and p olicies contained in the Roanoke County Community Plan. The County's future land use map designates the parcels as: Core (077.20 --01- 52.00), Core /Transition /Development (087.08 -03- 11.00); and Transition (077.20 -01 -48.01 and 077.20 -01- 50.00). The comprehensive Plan encourages the orderly development of all parcels designated as core, transition and development, with particular emphasis on providing appropriate buffers when adjoining existing residential communities. By shifting the location of additional residential units from Area B to Area A, your Applicants not only enhance the developing condominium community, but also provide a development buffer for the existing residential communities which adjoin South Peak. Please describe the ins acts of the request on the prope[!y proper! itself the adjoining properties, and the surrounding area as well as the impacts on public services and facilities includin waterlsewer roads schools arks /recreation and fire and rescue. There will be no negative impact on the surrounding area or public services and facilities. The proposed residential developments in Areas A and B represent, in fact, a reduction of the number of residential units that would be allowed of right. CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance Nvith State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan ( 15.2 -2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS X a. Applicant name and name of development X b. Date, scale and north arrow X c. Lot size in acres or square feet and dimensions X d. Location, names of owners and Roanoke County tax map numbers of adjoining properties X e. Physical features such as ground cover, natural watercourses, floodplain, etc. X f. The zoning and land use of all adjacent properties X g. All property lines and easements X h. All buildings, existing and proposed, and dimensions, floor area and heights X i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development X j . Dimensions and locations of all driveways, parking spaces and loading spaces Additional infortnatio requh-ed foi- REZOAfING and SPECIAL USE PERMIT APPLICANTS X k. Existing utilities (water, sewer, storm drains) and connections at the site X 1. Any driveways, entrances /exits, curb openings and crossovers X m. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at intersections X o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed X q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. SHEET Signature of applicant Date on ■ J Q uj J r .J L 0 z LLI Ui u Q u 0. i 0 () W J Z Q Q J a. CL Q 0 z [3 N LU 0 J U J LU J CL z L) D �©) � :g C.? -J a _ ���CL tU L) � IL J _ C a C3 vQ� x 0 MMZE c3w 0)0am2:Eacn, D� U) a� (D E qm Address of Subject Properties. Tax Map Nos. (a) 4252 Elm View Road (b) 4240 Elm View Road (c) 0 Elm View Road (d) 4486 Summit Street ;Cave Spring Magisterial District Roanoke County (a) 077.20 -01 -48.01 (b) 077.20 -01 -50.00 (c) 077.20 -01 -52.00 (d) 087.08 -03 -11.00 Present Zoning: (a) R3 (Medium Density Multi - Family Residential) (b) R3 (Medium Density Multi - Family Residential) (c) C2C (General Commercial/Conditional) (d) C2C & R3 (General Commercial /Conditional) & (Medium Density Multi - Family Residential) Proposed Zoning: R4C (High Density Multi - Family Residential for property described on Exhibit A) R3C (Medium Density Multi - Family Residential for property described on Exhibit B) Applicant's Names: South Peak Residences LLC (077.20 -01-- 48.0'1) Slate Hill 11, LLC (077.20 -01 - 52.00) Slate Hill 1, LLC (087.08 -03- 11.00) DNAL Holdings III LLC Elm View LLC M & H Holdings, Inc. McNeil Properties LLC Patton Place LLC South Peak Hotel LLC Woodcliff Investments LLC Owners: (a) South Peak Residences LLC (077.20-01-48.0l)- (b) Western Virginia Water Authority (077.20 -01- 50.00) (c) Slate Hill II, LLC (077.20 -01- 52.00) (d) Slate Hill I, PLC (087.08 -03- 11.00) The undersigned Applicants do hereby proffer the following conditions in conjunction with the rezoning application: A. With respect to the property described on the attached Exhibit A (the Area A tract): Area A will be developed in substantial conformit with the Concept Development Plan made b Mattern & Crai dated Ma 4, 2012, subject to such chan as ma be re b Roanoke Count durin comprehensive site plan review. 2. The hei of an buildin in Area A shall not exceed sixt (60) feet (as measured, b the Roanoke Count Zonin Ordinance 3. All facades and finishes of buildin in Area A shall be of similar desi colors, materials and detailin as shown on the renderin prepared b Jones and Jones dated September 9, 201 and attached hereto as Exhibit A-1 . 4. No freestandin li pole, includin fixture, shall be more than ei (18 feet above g rade. All exterior li includin securit li shall be down-lit or shielded so as not to direct g lare onto adjoinin streets or properties. The intensit at adjoinin streets or properties shall not exceed 0.5-foot candles. All street li shall be desi to complement the architecture of the adjacent buildin B. With respect to the propert described on the attached Exhibit B (the Area B tract): 5. Area B shall be developed onl for sin dwellin 6. Area B shall be subdivided such that no more than twent (23) sin dwellin shall be constructed thereon. Dated this 4 th da of Ma 2012. Respectfull submitted, SOUTH PEAK RESIDENCES LLC SLATE HILL 11 LLC SLATE HILL I LLC DNAL HOLDINGS III LLC ELM VIEW LLC M & H HOLDINGS, INC. MCNEIL PROPERTIES LLC PATTON PLACE LLC SOUTH PEAK HOTEL LLC WOODCLIFF INVESTMENTS LLC B James Imith Chairm �/Manager ß®»¿ ß ß®»¿ Þ q ß°°´·½¿²¬­ Ò¿³»æ ͱ«¬¸ л¿µ λ­·¼»²½»­ ÔÔÝ »¬ ¿´ Û¨·­¬·²¹ Ʊ²·²¹æ Îí ú ÝîÝ Î±¿²±µ» ݱ«²¬§ Ю±°±­»¼ Ʊ²·²¹æ ß®»¿ ßæ ÎìÝ ú ß®»¿ Þæ ÎíÝ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ééòîðóðïóìèòðïô ééòîðóðïóëðô ééòîðóðïóëî ú èéòðèóðíóïï ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·­¬»®·¿´ Ü·­¬®·½¬æ Ý¿ª» Í°®·²¹ ß®»¿æ îíòíëï ß½®»­ ͽ¿´»æ ïþ ã íëðù é Ó¿§ô îðïî ß®»¿ ß ß®»¿ Þ Ô¿²¼ Ë­» Ò»·¹¸¾±®¸±±¼ ݱ²­»®ª¿¬·±² Ü»ª»´±°³»²¬ Í«¾«®¾¿² Ê·´´¿¹» Ê·´´¿¹» Ý»²¬»® Ϋ®¿´ Ê·´´¿¹» Ϋ®¿´ Ю»­»®ª» ݱ²­»®ª¿¬·±² Ì®¿²­·¬·±² ݱ®» Û½±²±³·½ Ñ°°±®¬«²·¬§ Ю·½·°¿´ ײ¼«­¬®·¿´ ˲·ª»®­·¬§ q ß°°´·½¿²¬­ Ò¿³»æ ͱ«¬¸ л¿µ λ­·¼»²½»­ ÔÔÝ »¬ ¿´ Û¨·­¬·²¹ Ʊ²·²¹æ Îí ú ÝîÝ Î±¿²±µ» ݱ«²¬§ Ю±°±­»¼ Ʊ²·²¹æ ß®»¿ ßæ ÎìÝ ú ß®»¿ Þæ ÎíÝ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ééòîðóðïóìèòðïô ééòîðóðïóëðô ééòîðóðïóëî ú èéòðèóðíóïï ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·­¬»®·¿´ Ü·­¬®·½¬æ Ý¿ª» Í°®·²¹ ß®»¿æ îíòíëï ß½®»­ ͽ¿´»æ ïþ ã íëðù é Ó¿§ô îðïî ß®»¿ ß Æ±²·²¹ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Ýî ß®»¿ Þ ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ Îï Îî Îí Îì ÎÞ ÙÞ ÝÞ Óï Óî q ß°°´·½¿²¬­ Ò¿³»æ ͱ«¬¸ л¿µ λ­·¼»²½»­ ÔÔÝ »¬ ¿´ Û¨·­¬·²¹ Ʊ²·²¹æ Îí ú ÝîÝ Î±¿²±µ» ݱ«²¬§ Ю±°±­»¼ Ʊ²·²¹æ ß®»¿ ßæ ÎìÝ ú ß®»¿ Þæ ÎíÝ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ééòîðóðïóìèòðïô ééòîðóðïóëðô ééòîðóðïóëî ú èéòðèóðíóïï ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·­¬»®·¿´ Ü·­¬®·½¬æ Ý¿ª» Í°®·²¹ ß®»¿æ îíòíëï ß½®»­ ͽ¿´»æ ïþ ã íëðù é Ó¿§ô îðïî Sec. 20-1 – Definitions: Automated collection – due to budget constraints, we are only able to provide one can to households, and require residents to purchase a second container from somewhere else, generally a hardware store. The proposed change in this section reflects that policy. Household waste definition – the Solid Waste Division’s core focus is picking up household solid waste, not waste generated by unusual activities, such as large renovations, land clearing, etc. This change in the definition is to emphasize the service which we provide. Residential solid waste customers – the Division does not provide containers or service to unoccupied houses, the rationale being that unless someone is living there, there is no household waste being produced. Instead, if waste is being produced, it is generally major renovation or landscaping waste, which is not picked up at households. This change is to emphasize the service which we provide. Qualified road – there are some roads in the state system which are unsafe, either due to temporary weather related conditions, or permanent issues such as allowable weight on bridges, which render them unsafe to collect, particularly with an automated truck. This change will bring the ordinance in line with our practice of serving the citizens with other equipment, such as a rear loader or pick-up truck. Sec. 20-24 – Specific collection categories: (b) – Specific rules pertaining to automated collection. Additional language for home based businesses; this is not a change to procedure, but a clarification. (c) – Physically-challenged collection – language to clarify rules, and provide ability to request updated certification if trash volume indicates more people living in the household. (d) – Premium garbage collection – due to customer requests for larger billing cycles, language has been added to provide for bi-annual billing. Sec. 20-25 – Supplemental collection service Language reduces allowable weight of bags. Recent experience has indicated that 50 pounds of dead weight is too heavy for one person to safely lift. Also adds mulch to the list of excluded items, because it interferes with the packer mechanism on the rear loader trucks. (f) – Additional disposal services – adds language for Payloader. FISCAL IMPACT: The change to the Freeloader is estimated to provide a $40,000 positive impact to the Solid Waste Division’s budget through a combination of reduced operational cost and revenue from rental. Page 2 of 3  STAFF RECOMMENDATION: Staff recommends approving first reading of the attached ordinance and setting the second reading and public hearing for July 10, 2012. Page 3 of 3  Sec. 20-1. - Definitions. The following words and terms, as used in this chapter, shall have the meanings ascribed to them in this section: Automated collection: A mechanical method of garbage collection utilizing a vehicle containersprovidedbythecounty equipped with a hydraulic arm that empties special containers deemed compatible with equipment utilized by the county. Brush collection: Curbside collection of brush, small tree limbs, and other arboreal materials from residential customers. Bulk collection: Manual curbside collection from residential customers of appliances, furnaces, air conditioners, furniture, carpeting, rugs, bagged leaves and grass, boxes, four (4) unmounted tires, building materials and other permissible household items. Building material: Any homeowner generated material from small remodeling or repair work. Examples of included items would be lumber (less than three (3) feet in length), wood from trim, paneling, small amounts of containerized drywall or ceiling tile, PVC or galvanized pipe (less than three (3) feet in length). No individual piece or container may weigh more than fifty (50) pounds. No more than a six (6) by six (6) by six (6) feet load will be collected at any one (1) time. Commercial collection:The county's limited curbside collection of garbage placed in approved containers, generated by licensed business establishments, including three (3) to five (5) family rental properties, one (1) to five (5) unit retail complexes, churches and church-run daycares. Contractor/commercial waste: Waste material, including construction/demolition waste, resulting from work performed under contract for consideration. This includes, but is not limited to, trimming, yard maintenance and remodeling or other home repair. Curbside collection: The collection of solid waste that has been placed no farther than five (5) feet from a curb or edge of a qualified road. Debris waste: Stumps, logs, limbs, wood, brush, leaves, soil and rock from land clearing operations. Freeloader: Dumpster-style trailer which may be reserved for a fee by Pay Loader county residential customers forone(1)weekdayorone(1)weekendfor a specified the period of time. Garbage: Solid and semi-solid items including discarded food wastes, wastes likely to decompose, bottles, waste paper, cans and clothing. Hazardous waste: "Hazardous substances" as defined by the Virginia Hazardous Management Waste Regulation; posing a danger to human health, harm to the environment, including but not limited to oil-based paint, insecticides, herbicides, poisons, corrosives, combustibles, caustics, acids, motor oils and gasoline. Household waste: Non-hazardous material, including garbage and trash, derived . fromnormal daily household activities households Industrial waste: Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Physically-challenged service: Refuse pickup at the house for citizens who are physician-certified as unable to transport garbage to the street. Private road: A road not in the primary or secondary system. See also "qualified road" below. Premium garbage collection: Optional pickup of garbage from a residential customer for a fee. residentslivinginsingle-familyhomesincluding Residential customers: County -ownedtownhousesduplexes,singlelotmobilehomesandcondominiums, individually Occupied single family homes, individually owned townhouse, duplexes, single lot mobile homes and some qualified condominiums within the County. Residential collection: Garbage, bulk and brush collection from residential customer's dwellings. Recyclables: Newspaper, cardboard, office paper, aluminum, copper, steel, tin, auto batteries, motor oil. Qualified road: A road in the primary or secondary system of highways in the Commonwealth of Virginia will qualify unless deemed unsafe or inaccessible by County administrator or designee. This term also includes private roads meeting specific county below. prescribed conditions, as noted in section 20-23 Seasonal collection: Collection of Christmas trees and bagged leaves, during applicable times of the year. Solid waste: Solid and semi-solid materials including household garbage, yard waste, brush, bulk household waste, un-mounted tires and other permissible discarded, non- hazardous materials. Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings, (Code 1971, § 14-4; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04; Ord. No. 101408-2 § 1, 10-14-08) Sec. 20-2. - Reserved. Editor's note— Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-2, which pertained to rates and charges for use of county landfill. Sec. 20-21. - Article not applicable to Town of Vinton. This article shall not apply to residents or commercial or industrial establishments of the Town of Vinton, Virginia, an incorporated town lying within the boundaries of the county, since the council for the town has provided for solid waste collection for the residents of the town. (Code 1971, § 14-7; Ord. No. 72694-4, § 1, 7-26-94; Ord. No. 012704-3, § 1, 1-27-04) Sec. 20-22. - Responsibility of county administrator under article. The administration of this article, including the establishment of a budget for providing effective solid waste collection service; the hiring of all employees necessary for providing such service; the billing of persons receiving such service; and all other matters related thereto shall be the responsibility of the county administrator; provided, that all matters pertaining to the establishment of an annual budget and the establishment of collection rates and charges shall be approved by the board of supervisors. (Code 1971, § 14-5; Ord. No. 72694-4, § 1, 7-26-94; Ord. No. 012704-3, § 1, 1-27-04) Sec. 20-23. - Right to, and application for, service. All county residents shall be entitled to receive solid waste collection service consistent with the provisions of this article, subject to the determination of the county administrator, or his designee, regarding the economic feasibility of providing such service to any particular location subject to the provisions of this chapter and the policies of the board of supervisors. Any person desiring such service shall make application through the office of general services. Arrangements for payment, if required, shall be made at the time of application. Solid waste collection service shall be provided to county residents from and along a qualified road. This service may be provided from and along a private road under the following conditions: (1) There are at least three (3) homes on the road; (2) The county has written permission from all owners to be on the road, the owner/s assume the risk of any damage to the private road arising from the provision of such service by the county; and (3) The director of general services has approved the collection. This approval shall be based on the feasibility and safety of operating refuse collection vehicles on the private road. (Code 1971, § 14-6; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04) Sec. 20-24. - Specific collection categories. (a) Weekly curbside collection. The county shall provide weekly curbside garbage collection of household waste at no charge to all residential customers, meeting requirements of this chapter, in the county. To receive curbside collection, the following general rules must be followed: (1) All containers placed within five (5) feet of the curb line of a qualified road by 7:00 a.m. of the scheduled collection day. (2) Containers shall be removed at least ten (10) feet from the public street right- of-way no later than 7:00 a.m. of the day following the scheduled collection day. (3) All material placed in the container for collection must be bagged. (4) No dead animals, hazardous material, automobile parts, ashes, liquids, debris, rocks, dirt, mulch, concrete or construction waste, contractor/commercial waste, or any other material deemed unsafe for collection shall be placed in the containers for collection. (5) Sharps and needles must be sealed in proper needle disposal containers or other heavy, capped plastic containers, such as detergent bottles, milk jugs or soft drink bottles. (6) Pet feces must be double bagged before being placed in containers for collection. (7) Latex paint may be placed in containers after it has completely solidified. (b) Specific rules pertaining to automated collection. All residential customers within the automated service area will receive one (1) automated container. Weekly collection will only be for household waste, garbage and yard waste placed within the container. The containers are assigned to the structure, not to the occupants. All county residential customers are eligible for a second container, which must be purchased. No more than two (2) containers per residential customer will be allowed. Home based businesses are eligible for one (1) container based upon the rules established in the ordinance for commercial customers, but are still limited to the two (2) containers per residential customer regulation. When set to the curb line, each container must have at least five (5) feet of clearance on all sides. (1) The replacement fee for a container shall be established by the solid waste manager subject to the approval of the county administrator. (2) Residents may be charged for repairs or replacement of containers, if the loss or damage is due to negligence of the customer as determined by the solid waste manager. The homeowner will be responsible for purchasing a new container in all instances of loss due to burning. (c)Physically-challenged collection. Backyard household waste collection will be provided to residential customers when everyone living in the structure is disabled or handicapped and unable to transport the refuse to the curb. A physician's certification of handicaps or disabilities is required for all individuals residing in the household. Physically-challenged residents will be required to renew this certification on an annual basis. The following additional criteria apply: (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) This is service is reserved for household trash only. All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) The County reserves the right to review the certification if a significant change in volume of trash is noted. (6) This service is not available for bulk and brush collection. (d) Premium garbage collection. Optional backyard service may be available to residential customers for household waste only by application. The charge for premium backyard collection will be a minimum of fifteen dollars ($15.00) per month and will include service up to one hundred (100) feet from the curbside pickup location. For each additional one hundred (100) feet or fraction thereof, an additional ten dollars ($10.00) charge will be assessed. The premium refuse collection charges aquarterlyon a monthly or bi-annual basis. The shall be paid in advance on following additional criteria apply: (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) This service is not available for bulk and brush collection. (6) A nonrefundable application fee in the amount of twenty dollars ($20.00) shall be made in advance together with proper application forms from the solid waste division of general services. (e) Commercial collection. The county shall provide free, weekly, curbside collection of garbage to licensed commercial establishments (including churches and church-run daycares), generating not more than three (3) county provided automated containers per week. This service will be provided by application only through the office of general services. The county will not provide collection to any apartment office, or retail complexes of more than five (5) commercial establishments or to mobile home parks of any size. The county will provide licensed commercial establishments one container at no cost; the commercial establishment may purchase two (2) additional containers. Commercial establishments generating over three hundred (300) gallons of refuse per week are required to secure private collection. The following conditions apply to commercial collection: (1) Commercial customers within the automated service area will be subject to the rules pertaining to standard automated collection and all county solid waste rules. (2) Bulk/brush or bagged leaf collection is not available to commercial customers. (f)Nonresident collection. The county may, at its option, provide weekly garbage collection to nearby, non-county residents upon application and approval. A monthly fee of twenty dollars ($20.00) will be required. These customers are allowed only one (1) container and they will be required to pay a monthly rental fee of one dollar ($1.00) for the use of the container. Non-county residents are not eligible for bulk/brush collection. (g) Condominium and townhouse development collection. The county shall provide once weekly pickup by an automated vehicle to residential customers residing in owner- occupied condominium and townhouse developments. The method of collection shall be consistent with the collection service received by other residential customers. (h) General. Debris waste will not be collected under any circumstances. (1) Mixed or contaminated loads, e.g. bulk intermingled with brush, will not be collected. (2) Solid waste contaminated with hazardous wastes will not be collected nor handled by county personnel. (Ord. No. 62888-13[A], §§ 1, 2, 6-28-88; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04; Ord. No. 101408-2 § 1, 10-14-08) Sec. 20-25. - Supplemental collection service. (a) Brush collection. The county provides free brush collection every other week to residential customers. Brush or other yard waste collection service will not be provided to commercial or non-county residential customers. It will be the responsibility of premium and physically-challenged customers to place any brush items at the curb for collection. Brush must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any horizontal obstruction and have overhead clearance, such that the operation of the equipment is not impaired or restricted. Such placement shall be made no earlier than the Saturday preceding the scheduled collection and no later than 7:00 a.m. of the day scheduled collection date. (1) Brush resulting from normal property maintenance, may not exceed six (6) feet in length or twelve (12) inches in diameter. Tree stumps less than one (1) foot in width must be free of all dirt, grass, clumps etc., in order to be collected by county personnel. Stumps must be placed manually at the curb in order to be collected. Debris waste will not be collected pursuant to this section. The cuttings, limbs, and stumps must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. (2) Brush cuttings and tree limbs resulting from commercial tree trimming operations (contractor/commercial waste) will not be collected. (3) Brush resulting from land-clearing will not be collected. (b) Yard waste. Residential customers may place small quantities of bagged yard waste in their county-provided containers on their regularly-scheduled collection day. Excess quantities of yard waste must be placed in disposable containers, to include but not be limited to, plastic or paper bags and adjacent to the road or curb line for scheduled bulk collection. The disposable containers must be of substantial (50)poundsthirty (30) pounds when construction and shall not weigh more than fifty full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (c)Seasonal collections. For a six-week period, usually beginning with the first Monday in November, bagged leaves will be collected on a schedule to be set by the director of general services. The service is not offered during the week of Thanksgiving. The county will not provide vacuum service for the collection of leaves. (1) Leaves must be placed in sturdy, tied, plastic bags within five (5) feet of curb (50) pounds per bag. and may not exceed thirty (30) fifty (2) Christmas trees will be collected separately from other yard waste during a one-week period in January. Trees must be placed within five (5) feet of the curb with all decorations removed so they may be safely mulched. Notice will be provided as to exact collection dates for these services. (d) General. Materials resulting from land-clearing operations or commercial yard waste management operations will not be collected pursuant to this section. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (e) Bulk collection. The county provides free collection of bulk items every other week to residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curb line for collection. The bulk items must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than the Saturday preceding scheduled collection and no later than 7:00 a.m. the day of collection. (1) Reserved. (2) Residential customers can place no more than a pickup truck size load of bulk for pickup. If it is necessary for the materials to be containerized, the container must be of a disposable nature. (3) Bulk items include materials resulting from normal household activity, including but not limited to, items such as appliances, furniture, four (4) unmounted tires, four (4) pallets, bicycles, swing sets (disassembled), lawn furniture, and cardboard moving boxes or other trash resulting from moving and small amounts of homeowner generated building materials. (4) Any construction/demolition waste set out for collection must be less than three (3) feet in length (wood, boards, pipes, plaster board etc.), weigh less (50) pounds per piece and be no more than a pickup truck thanthirty (30) fifty load in total. Material deemed likely to be blown around shall be containerized by some means. The resulting container can weigh no more (50) lbs. The material cannot have resulted from thanthirty (30) fifty contracted work. Concrete and roofing shingles will not be collected by county personnel. (5) Any material that may be wind blown must be bagged. Any glass items, such as mirrors, windows or shower doors, must be taped and bagged. (6) Latex paint may be placed out for bulk collection after it has completely solidified. (7) Excluded items: All prohibited waste, such as concrete, asphalt, pavement, roofing shingles or tiles, dirt, mulch, rock, debris waste, hazardous materials, animal carcasses, automobile parts, propane tanks and riding lawnmowers will be the responsibility of the owner or contractor to properly dispose of. (f)Additional disposal services. County residential customers are entitled to the use of a atnocharge on a "first come, first serve" basis for a fourteen-foot trailer"freeloader" fee.The fee schedule shall be in accordance with rules and regulations promulgated trailer must be scheduled by the county administrator or his designee. The freeloader in advance and is to be used during spring cleaning, basement or attic cleaning, or is also governed by the major yard work projects. Use of the trailer freeloader following criteria: customersmayreservethefreeloadersnomorethanfour(4) (1) Residential ayear. times (2) Materials may only be hand loaded (not mechanically) onto the trailer. (3) Total amount of material on the trailer may weigh no more than 10,000 lbs. (4) Small items or any material susceptible to wind must be containerized in some manner, such as bags or boxes. will be delivered only to occupied residential homes. (5) The trailerfreeloader Homes currently under construction are not eligible to receive the freeloader. will only be delivered to a safe and easily accessible Thetrailerfreeloader location determined by solid waste staff. to sign (6) The resident must be home to accept delivery of the trailer freeloader a release liability form. (7) No hazardous materials or debris waste or shall be placed in trailer . freeloader (8) Permissible items include 4 un-mounted tires,brush, bulk, small amounts of homeowner generated building materials and yard waste pursuant to section 20-1 (9) Prior to removal the loads will be inspected and the resident will be required to remove non-approved materials. The load may be dumped back on the property if it is deemed unacceptable due to type or volume of material. (g) County residents may take pick-up truck loads of bulk items and brush originating from their residence to the Tinker Creek Transfer Station free of charge. The number of such loads permitted without charge, and other rules and regulations pertaining to removal and disposal of bulk items and brush at the Tinker Creek Transfer Station, shall be in accordance with rules and regulations promulgated by the county administrator or his designee. In special circumstances upon request, the county administrator or his designee may issue special dump permits for the disposal of bulk items and brush at the transfer station in addition to the number of loads generally permitted for county residents. (Ord. No. 62888-13[A], §§ 1, 2, 6-28-88; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04; Ord. No. 101408-2 § 1, 10-14-08) Sec. 20-26. - Penalties. Any violation of the provisions of article II shall be punishable as a class 3 misdemeanor. In addition, collection service by the county may be discontinued until the violation is abated or corrected. (Ord. No. 012704-3, § 1, 1-27-04) Sec. 20-27. - Reserved. Editor's note— Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-27, which pertained to special collection of excluded items and derived from Ord. No. 2177, adopted Nov. 14, 1978. Secs. 20-28—20-39. - Reserved. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 20. “SOLID WASTE” OF THE ROANOKE COUNTY CODE WHEREAS, the Board of Supervisors for Roanoke County has determined that several clarifying amendments are necessary to the “Solid Waste” Chapter of the Roanoke County Code for Definitions, Specific Collection Categories, and Supplemental Collection Services; and, WHEREAS, due to increased costs of operations and budgetary constraints certain services which heretofore were provided free to County citizens will not require the payment of a fee; and, WHEREAS, the first reading of this ordinance was held on June 26, 2012, and the second reading and public hearing was held on July 10, 2012; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That Chapter 20. “Solid Waste” of the Roanoke County Code be amended to read and provide as follows: Sec. 20-1. - Definitions. The following words and terms, as used in this chapter, shall have the meanings ascribed to them in this section: Automated collection: A mechanical method of garbage collection utilizing a vehicle equipped with a hydraulic arm that empties specialcontainersprovidedbythecounty containers deemed compatible with equipment utilized by the county. Page 1 of 15 Brush collection: Curbside collection of brush, small tree limbs, and other arboreal materials from residential customers. Bulk collection: Manual curbside collection from residential customers of appliances, furnaces, air conditioners, furniture, carpeting, rugs, bagged leaves and grass, boxes, four (4) unmounted tires, building materials and other permissible household items. Building material: Any homeowner generated material from small remodeling or repair work. Examples of included items would be lumber (less than three (3) feet in length), wood from trim, paneling, small amounts of containerized drywall or ceiling tile, PVC or galvanized pipe (less than three (3) feet in length). No individual piece or container may weigh more than fifty (50) pounds. No more than a six (6) by six (6) by six (6) feet load will be collected at any one (1) time. Commercial collection:The county's limited curbside collection of garbage placed in approved containers, generated by licensed business establishments, including three (3) to five (5) family rental properties, one (1) to five (5) unit retail complexes, churches and church-run daycares. Contractor/commercial waste: Waste material, including construction/demolition waste, resulting from work performed under contract for consideration. This includes, but is not limited to, trimming, yard maintenance and remodeling or other home repair. Curbside collection: The collection of solid waste that has been placed no farther than five (5) feet from a curb or edge of a qualified road. Debris waste: Stumps, logs, limbs, wood, brush, leaves, soil and rock from land clearing operations. Page 2 of 15 Pay LoaderFreeloader: Dumpster-style trailer which may be reserved for a fee by the county residential customers forone(1)weekdayorone(1)weekendfor a specified period of time. Garbage: Solid and semi-solid items including discarded food wastes, wastes likely to decompose, bottles, waste paper, cans and clothing. Hazardous waste: "Hazardous substances" as defined by the Virginia Hazardous Management Waste Regulation; posing a danger to human health, harm to the environment, including but not limited to oil-based paint, insecticides, herbicides, poisons, corrosives, combustibles, caustics, acids, motor oils and gasoline. Household waste: Non-hazardous material, including garbage and trash, derived . fromnormal daily household activities households Industrial waste: Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Physically-challenged service: Refuse pickup at the house for citizens who are physician-certified as unable to transport garbage to the street. Private road: A road not in the primary or secondary system. See also "qualified road" below. Premium garbage collection: Optional pickup of garbage from a residential customer for a fee. residentslivinginsingle-familyhomesincluding Residential customers: County individually-ownedtownhousesduplexes,singlelotmobilehomesandcondominiums, Page 3 of 15 Occupied single family homes, individually owned townhouse, duplexes, single lot mobile homes and some qualified condominiums within the County. Residential collection: Garbage, bulk and brush collection from residential customer's dwellings. Recyclables: Newspaper, cardboard, office paper, aluminum, copper, steel, tin, auto batteries, motor oil. Qualified road: A road in the primary or secondary system of highways in the Commonwealth of Virginia will qualify unless deemed unsafe or inaccessible by County administrator or designee. This term also includes private roads meeting specific county prescribed conditions, as noted in section 20-23 below. Seasonal collection: Collection of Christmas trees and bagged leaves, during applicable times of the year. Solid waste: Solid and semi-solid materials including household garbage, yard waste, brush, bulk household waste, un-mounted tires and other permissible discarded, non- hazardous materials. Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings, (Code 1971, § 14-4; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04; Ord. No. 101408-2 § 1, 10-14-08) Sec. 20-2. - Reserved. Editor's note— Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-2, which pertained to rates and charges for use of county landfill. Page 4 of 15 Sec. 20-21. - Article not applicable to Town of Vinton. This article shall not apply to residents or commercial or industrial establishments of the Town of Vinton, Virginia, an incorporated town lying within the boundaries of the county, since the council for the town has provided for solid waste collection for the residents of the town. (Code 1971, § 14-7; Ord. No. 72694-4, § 1, 7-26-94; Ord. No. 012704-3, § 1, 1-27-04) Sec. 20-22. - Responsibility of county administrator under article. The administration of this article, including the establishment of a budget for providing effective solid waste collection service; the hiring of all employees necessary for providing such service; the billing of persons receiving such service; and all other matters related thereto shall be the responsibility of the county administrator; provided, that all matters pertaining to the establishment of an annual budget and the establishment of collection rates and charges shall be approved by the board of supervisors. (Code 1971, § 14-5; Ord. No. 72694-4, § 1, 7-26-94; Ord. No. 012704-3, § 1, 1-27-04) Sec. 20-23. - Right to, and application for, service. All county residents shall be entitled to receive solid waste collection service consistent with the provisions of this article, subject to the determination of the county administrator, or his designee, regarding the economic feasibility of providing such service to any particular location subject to the provisions of this chapter and the policies of the board of supervisors. Any person desiring such service shall make application through the office of general services. Arrangements for payment, if required, shall be made at the time of application. Page 5 of 15 Solid waste collection service shall be provided to county residents from and along a qualified road. This service may be provided from and along a private road under the following conditions: (1) There are at least three (3) homes on the road; (2) The county has written permission from all owners to be on the road, the owner/s assume the risk of any damage to the private road arising from the provision of such service by the county; and (3) The director of general services has approved the collection. This approval shall be based on the feasibility and safety of operating refuse collection vehicles on the private road. (Code 1971, § 14-6; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04) Sec. 20-24. - Specific collection categories. (a) Weekly curbside collection. The county shall provide weekly curbside garbage collection of household waste at no charge to all residential customers, meeting requirements of this chapter, in the county. To receive curbside collection, the following general rules must be followed: (1) All containers placed within five (5) feet of the curb line of a qualified road by 7:00 a.m. of the scheduled collection day. (2) Containers shall be removed at least ten (10) feet from the public street right- of-way no later than 7:00 a.m. of the day following the scheduled collection day. (3) All material placed in the container for collection must be bagged. (4) No dead animals, hazardous material, automobile parts, ashes, liquids, debris, rocks, dirt, mulch, concrete or construction waste, Page 6 of 15 contractor/commercial waste, or any other material deemed unsafe for collection shall be placed in the containers for collection. (5) Sharps and needles must be sealed in proper needle disposal containers or other heavy, capped plastic containers, such as detergent bottles, milk jugs or soft drink bottles. (6) Pet feces must be double bagged before being placed in containers for collection. (7) Latex paint may be placed in containers after it has completely solidified. (b) Specific rules pertaining to automated collection. All residential customers within the automated service area will receive one (1) automated container. Weekly collection will only be for household waste, garbage and yard waste placed within the container. The containers are assigned to the structure, not to the occupants. All county residential customers are eligible for a second container, which must be purchased. No more than two (2) containers per residential customer will be allowed. Home based businesses are eligible for one (1) container based upon the provisions established in sub-section (e) of this section for commercial collection, but such businesses are limited to no more than two (2) containers per residential customers . When set to the curb line, each container must have at least five (5) feet of clearance on all sides. (1) The replacement fee for a container shall be established by the solid waste manager subject to the approval of the county administrator. (2) Residents may be charged for repairs or replacement of containers, if the loss or damage is due to negligence of the customer as determined by the solid waste manager. The homeowner will be responsible for purchasing a new container in all instances of loss due to burning. Page 7 of 15 (c)Physically-challenged collection. Backyard household waste collection will be provided to residential customers when everyone living in the structure is disabled or handicapped and unable to transport the refuse to the curb. A physician's certification of handicaps or disabilities is required for all individuals residing in the household. Physically-challenged residents will be required to renew this certification on an annual basis. The following additional criteria apply: (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) This is service is reserved for household trash only. All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) The County reserves the right to review the certification if a significant change in volume of trash occurs. (6) This service is not available for bulk and brush collection. (d) Premium garbage collection. Optional backyard service may be available to residential customers for household waste only by application. The charge for premium backyard collection will be a minimum of fifteen dollars ($15.00) per month and will include service up to one hundred (100) feet from the curbside pickup location. For each additional one hundred (100) feet or fraction thereof, an additional ten dollars ($10.00) charge will be assessed. The premium refuse collection charges shall be paid in advance onaquarterlyon a monthly or bi-annual basis. The following additional criteria apply: Page 8 of 15 (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) This service is not available for bulk and brush collection. (6) A nonrefundable application fee in the amount of twenty dollars ($20.00) shall be made in advance together with proper application forms from the solid waste division of general services. (e) Commercial collection. The county shall provide free, weekly, curbside collection of garbage to licensed commercial establishments (including churches and church-run daycares), generating not more than three (3) county provided automated containers per week. This service will be provided by application only through the office of general services. The county will not provide collection to any apartment office, or retail complexes of more than five (5) commercial establishments or to mobile home parks of any size. The county will provide licensed commercial establishments one container at no cost; the commercial establishment may purchase two (2) additional containers. Commercial establishments generating over three hundred (300) gallons of refuse per week are required to secure private collection. The following conditions apply to commercial collection: (1) Commercial customers within the automated service area will be subject to the rules pertaining to standard automated collection and all county solid waste rules. (2) Bulk/brush or bagged leaf collection is not available to commercial customers. Page 9 of 15 (f)Nonresident collection. The county may, at its option, provide weekly garbage collection to nearby, non-county residents upon application and approval. A monthly fee of twenty dollars ($20.00) will be required. These customers are allowed only one (1) container and they will be required to pay a monthly rental fee of one dollar ($1.00) for the use of the container. Non-county residents are not eligible for bulk/brush collection. (g) Condominium and townhouse development collection. The county shall provide once weekly pickup by an automated vehicle to residential customers residing in owner- occupied condominium and townhouse developments. The method of collection shall be consistent with the collection service received by other residential customers. (h) General. Debris waste will not be collected under any circumstances. (1) Mixed or contaminated loads, e.g. bulk intermingled with brush, will not be collected. (2) Solid waste contaminated with hazardous wastes will not be collected nor handled by county personnel. (Ord. No. 62888-13[A], §§ 1, 2, 6-28-88; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04; Ord. No. 101408-2 § 1, 10-14-08) Sec. 20-25. - Supplemental collection service. (a) Brush collection. The county provides free brush collection every other week to residential customers. Brush or other yard waste collection service will not be provided to commercial or non-county residential customers. It will be the responsibility of premium and physically-challenged customers to place any brush items at the curb for collection. Brush must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any horizontal obstruction and have overhead clearance, such that the operation of the equipment is not impaired or restricted. Such placement shall be made no earlier Page 10 of 15 than the Saturday preceding the scheduled collection and no later than 7:00 a.m. of the day scheduled collection date. (1) Brush resulting from normal property maintenance, may not exceed six (6) feet in length or twelve (12) inches in diameter. Tree stumps less than one (1) foot in width must be free of all dirt, grass, clumps etc., in order to be collected by county personnel. Stumps must be placed manually at the curb in order to be collected. Debris waste will not be collected pursuant to this section. The cuttings, limbs, and stumps must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. (2) Brush cuttings and tree limbs resulting from commercial tree trimming operations (contractor/commercial waste) will not be collected. (3) Brush resulting from land-clearing will not be collected. (b) Yard waste. Residential customers may place small quantities of bagged yard waste in their county-provided containers on their regularly-scheduled collection day. Excess quantities of yard waste must be placed in disposable containers, to include but not be limited to, plastic or paper bags and adjacent to the road or curb line for scheduled bulk collection. The disposable containers must be of substantial construction and shall not weigh more than fifty(50)poundsthirty (30) pounds when full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (c)Seasonal collections. For a six-week period, usually beginning with the first Monday in November, bagged leaves will be collected on a schedule to be set by the director of general services. The service is not offered during the week of Thanksgiving. The county will not provide vacuum service for the collection of leaves. (1) Leaves must be placed in sturdy, tied, plastic bags within five (5) feet of curb and may not exceed thirty (30) fifty(50) pounds per bag. Page 11 of 15 (2) Christmas trees will be collected separately from other yard waste during a one-week period in January. Trees must be placed within five (5) feet of the curb with all decorations removed so they may be safely mulched. Notice will be provided as to exact collection dates for these services. (d) General. Materials resulting from land-clearing operations or commercial yard waste management operations will not be collected pursuant to this section. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (e) Bulk collection. The county provides free collection of bulk items every other week to residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curb line for collection. The bulk items must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than the Saturday preceding scheduled collection and no later than 7:00 a.m. the day of collection. (1) Reserved. (2) Residential customers can place no more than a pickup truck size load of bulk for pickup. If it is necessary for the materials to be containerized, the container must be of a disposable nature. (3) Bulk items include materials resulting from normal household activity, including but not limited to, items such as appliances, furniture, four (4) unmounted tires, four (4) pallets, bicycles, swing sets (disassembled), lawn furniture, and cardboard moving boxes or other trash resulting from moving and small amounts of homeowner generated building materials. Page 12 of 15 (4) Any construction/demolition waste set out for collection must be less than three (3) feet in length (wood, boards, pipes, plaster board etc.), weigh less thanthirty (30) fifty(50) pounds per piece and be no more than a pickup truck load in total. Material deemed likely to be blown around shall be containerized by some means. The resulting container can weigh no more thanthirty (30) fifty(50) lbs. The material cannot have resulted from contracted work. Concrete and roofing shingles will not be collected by county personnel. (5) Any material that may be wind blown must be bagged. Any glass items, such as mirrors, windows or shower doors, must be taped and bagged. (6) Latex paint may be placed out for bulk collection after it has completely solidified. (7) Excluded items: All prohibited waste, such as concrete, asphalt, pavement, roofing shingles or tiles, dirt, mulch, rock, debris waste, hazardous materials, animal carcasses, automobile parts, propane tanks and riding lawnmowers will be the responsibility of the owner or contractor to properly dispose of. (f)Additional disposal services. County residential customers are entitled to the use of a fourteen-foot trailer"freeloader" atnocharge on a "first come, first serve" basis for a fee.The fee schedule shall be in accordance with rules and regulations promulgated by the county administrator or his designee. The freeloadertrailer must be scheduled in advance and is to be used during spring cleaning, basement or attic cleaning, or major yard work projects. Use of the trailerfreeloader is also governed by the following criteria: (1) Residentialcustomersmayreservethefreeloadersnomorethanfour(4) timesayear. (2) Materials may only be hand loaded (not mechanically) onto the trailer. Page 13 of 15 (3) Total amount of material on the trailer may weigh no more than 10,000 lbs. (4) Small items or any material susceptible to wind must be containerized in some manner, such as bags or boxes. (5) The trailerfreeloader will be delivered only to occupied residential homes. Homes currently under construction are not eligible to receive the freeloader. Thetrailerfreeloader will only be delivered to a safe and easily accessible location determined by solid waste staff. (6) The resident must be home to accept delivery of the trailer freeloader to sign a release liability form. (7) No hazardous materials or debris waste or shall be placed in trailer . freeloader (8) Permissible items include 4 un-mounted tires,brush, bulk, small amounts of homeowner generated building materials and yard waste pursuant to section 20-1 (9) Prior to removal the loads will be inspected and the resident will be required to remove non-approved materials. The load may be dumped back on the property if it is deemed unacceptable due to type or volume of material. (g) County residents may take pick-up truck loads of bulk items and brush originating from their residence to the Tinker Creek Transfer Station free of charge. The number of such loads permitted without charge, and other rules and regulations pertaining to removal and disposal of bulk items and brush at the Tinker Creek Transfer Station, shall be in accordance with rules and regulations promulgated by the county administrator or his designee. In special circumstances upon request, the county administrator or his designee may issue special dump permits for the disposal of bulk items and brush at the transfer station in addition to the number of loads generally permitted for county residents. Page 14 of 15 (Ord. No. 62888-13[A], §§ 1, 2, 6-28-88; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04; Ord. No. 101408-2 § 1, 10-14-08) Sec. 20-26. - Penalties. Any violation of the provisions of article II shall be punishable as a class 3 misdemeanor. In addition, collection service by the county may be discontinued until the violation is abated or corrected. (Ord. No. 012704-3, § 1, 1-27-04) Sec. 20-27. - Reserved. Editor's note— Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-27, which pertained to special collection of excluded items and derived from Ord. No. 2177, adopted Nov. 14, 1978. Secs. 20-28—20-39. - Reserved. 2. That this ordinance shall be in full force and effect from and after its passage. Page 15 of 15 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 ORDINANCE AUTHORIZING THE GRANTING OF A NON- EXCLUSIVE TEN (10) FOOT WIDE EASEMENT TO COX COMMUNICATIONS ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 027.13-04- 01.00) FOR THE PURPOSE OF AN UNDERGROUND COMMUNICATIONS SYSTEM WHEREAS, Cox Communications has requested a ten (10) foot wide easement for the purpose of installing underground communications systems cables, wires and terminals across property owned by the Roanoke County Board of Supervisors (Tax Map Parcel No. 027.13-04-01.00) known as 7401 Barrens Road, Roanoke, Virginia; and WHEREAS, granting this non-exclusive, utility easement will serve the interests of the public by supporting the purposes of Ordinance No. 102604-7 by which Roanoke County authorized a lease agreement with Virginia PCS Alliance, L.C. d/b/a INTELOS for a 3,400 sq. ft. tower site and tower, which authorized sub-leases and co-location of antennas on said tower located at the Hollins Fire Station; and WHEREAS, pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition only by ordinance, and that the first reading of this ordinance was held on June 12, 2012, and that the second reading and public hearing was held on June 26, 2012; and WHEREAS, pursuant to the provision of Section 16.01 of the Roanoke County Charter this interest in real estate is declared to be surplus, and is hereby made available for other public uses by conveyance to Cox Communications for a non- exclusive utility easement. Page 1 of 2 BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the conveyance of a ten (10) foot wide non-exclusive, utility easement to Cox Communications for the purpose of constructing, operating, maintaining, replacing and removing a communication system consisting of underground cables, wires and terminals as shown on a plan prepared for Cox Communications dated May 1, 2012, titled "AT&T" by G. Bower is hereby authorized and approved. 2. That the County Administrator or his designee is hereby authorized to execute such documents and take such actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance is effective from and after the date of its adoption. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW SECTION 2-11, “ASSESSMENT AND RECOVERY OF COSTS, PUBLIC NUISANCES AND OTHER INCIDENTS”, AUTHORIZING THE ASSESSMENT AND RECOVERY OF COSTS AGAINST RESPONSIBLE PARTIES FOR ACTIONS TAKEN TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE WHEREAS, from time to time the Roanoke County Board of Supervisors will take action to protect the public health, safety and welfare of the County and its citizens by repairing, maintaining, correcting or completing the construction of public improvements or abating public nuisances; and WHEREAS, Section 15.2-1716.1 authorizes the reimbursement of expenses incurred in providing an appropriate emergency response, including law-enforcement, fire-fighting, rescue and emergency medical services in responding to violations of Section 18.2-46.6 of the Code if Virginia (terrorism or hoax), including responding to actions with that are intended to (i) intimidate the civilian population, (ii) influence the conduct or activities of the government of the United States, a state or locality through intimidation, (iii) compel the emergency evacuation of any place of assembly, building or other structure or any means of mass transportation, or (iv) place any person in reasonable apprehension of bodily harm, uses, sells, gives, distributes or manufactures any device or material that by its design, construction, content or characteristics appears to be or appears to contain a weapon of terrorism, but that is an imitation of any such weapon of terrorism; and Page 1 of 4 WHEREAS, the 2012 session of the Virginia General Assembly adopted Section 15.2-1716.2 (HB 517) which authorized localities to collect the costs of cleaning up methamphetamine labs; and WHEREAS, these actions will result in public costs and expenses which should be recovered from the responsible parties who failed to complete the required public improvements or who created the public nuisances; and WHERAS, the first reading of this ordinance was held on June 12, 2012, and the second reading and public hearing was held on June 26, 2012. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Code of the County of Roanoke is hereby amended by the adoption of a new Section 2-11 “Assessment and Recovery of Costs, Public Nuisances and Other Incidents”, which provides as follows: Section 2-11 Assessment and Recovery of Costs, Public Nuisances and Other Incidents 1.Definitions: “Corrective action”: means the repairing, maintaining, correcting, or completing the construction of public improvements required under a land subdivider’s agreement, an erosion and sediment control agreement, stormwater maintenance agreement, spot blight abatement program, abatement of public nuisances, responding to incidents authorized under Section 15.2-1716.1 of the Code of Virginia,or any other similar project Page 2 of 4 that is authorized under the Code of Virginia or the Roanoke County Code or directly affects the public health, safety and welfare of the citizens of Roanoke County. “Responsible party”: means the person or persons who (i) executed an agreement with the County to undertake certain actions, or (ii) the person or persons who benefit directly or indirectly from the construction or installation of the public improvements, or (iii) the owner of the real estate upon which the corrective action is taken or the real estate benefitted by the corrective action, or (iv) person or persons who are responsible for the creation of the public nuisance. “Costs and expenses”: means the (i) salary or hourly rate of pay of the County employees who worked on the corrective action, (ii) the cost of the fringe benefits of said employees, (iii) supplies, equipment and materials; and (iv) permits or fees paid to outside agencies, authorities or departments. This term also means the contract price for any private contractor hired by the County to perform the corrective action. 2. The County shall assess against responsible parties the costs and expenses of any corrective action undertaken by it to protect the public health, safety and welfare of Roanoke County. 3. The department responsible for performing the corrective action shall maintain the records of the costs and expenses and either mail or hand deliver an invoice of the final total of all costs and expenses to the responsible party or parties, demanding payment if full within ten (10) days of the date of the invoice. If the invoice is not paid in full within (10) ten days, then this invoice shall be transmitted to the County Attorney, who shall take such actions as may be necessary to collect the amount due and payable from the responsible party. Page 3 of 4 4. For incidents requiring an appropriate emergency response as authorized by Section 15.2-1716.1 of the Code or Virginia, the County may recover its reasonable expenses by billing a flat fee of $250 or a minute-by-minute accounting of its actual costs incurred; however, the amount shall not exceed $1,000 in the aggregate for a particular incident. 5. (a) The County may recover from any person who is convicted of an offense for 18.2-24818.2-248.03 manufacture of methamphetamine pursuant to § or the expense in cleaning up any methamphetamine lab related to the conviction. The amount charged shall not exceed the actual expenses associated with cleanup, removal, or repair of the affected property or the replacement cost of personal protective equipment used. (b) The County may recover from any responsible party the costs and expenses of any corrective action in cleaning up any methamphetamine lab. 2. That this ordinance shall become effective July 1, 2012. Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 ORDINANCE TO ACCEPT THE DONATION FROM DORIS MORAN OF FOUR (4) PARCELS OF LAND IDENTIFIED AS TAX MAP PARCELS 064.02-01-17, 18, 19 AND 20 ON POOR MOUNTAIN ROAD WHEREAS, Doris Moran has offered to donate four (4) parcels of land located along the Roanoke River on Poor Mountain Road to Roanoke County, which property is adjacent to property currently owned by the County acquired as part of the West Roanoke River Flood mitigation project; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on June 12, 2012, and the second reading will be held on June 26, 2012. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acceptance of the donation from Doris Moran of four (4) parcels of land located adjacent to the Roanoke River on Poor Mountain Road and further identified as Tax Map Parcels 064.02-01-17, 18, 19, and 20 is hereby authorized and approved. 2. That funds are available in the adopted budget in the amount of $1,500 to pay the costs of this transaction including environmental assessment, delinquent real estate taxes, and recordation fees. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Page 1 of 2 Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 J  AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for June 26, 2012, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of Minutes – May 22, 2012 2. Resolution approving the revised Flexible Benefits Plan Document for Roanoke County 3. Request from the Library to accept a $5,000 grant from the Spangler Fund and appropriate It to the Library budget 4. Request to appropriate $15,119.45 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2011/2012 5. Request for authorization to execute Memoranda of Understanding between Roanoke County Parks, Recreation and Tourism and the City of Roanoke and the City of Salem Parks and Recreation for the provision of therapeutic recreation services Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 RESOLUTION ADOPTING THE FLEXIBLE BENEFITS PLAN DOCUMENT FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. That the form of amended cafeteria plan including dependent care flexible spending account and health flexible spending account effective July 1, 2012, presented to the Board of Supervisors at this meeting is hereby approved and adopted and that the County Administrator, or his designee, is hereby authorized and directed to execute and deliver to Flexible Plan Administrators, the Administrator of the Plan, one or more counter parts of the Plan; and 2. That the Administrator of the Plan shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan; and 3. That the County Administrator, or his designee, shall act as soon as possible to notify the employees of the County of the adoption of the cafeteria plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved; and 4. That the Clerk to the Board of Supervisors further certifies that attached hereto as Exhibits A and B, respectively, are true copies of the County of Roanoke Flexible Benefit Plan as amended and restated and the Summary Plan Description approved and adopted in the foregoing resolutions; and Page 1 of 2  5. That this Resolution is effective from and after July 1, 2012.  Page 2 of 2  COUNTY OF ROANOKE FLEXIBLE BENEFIT PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS I ELIGIBILITY 1. When can I become a participant in the Plan?...........................................................................1 2. What are the eligibility requirements for our Plan?...................................................................2 3. When is my entry date?..............................................................................................................2 4. Are there any employees who are not eligible?.........................................................................2 5. What must I do to enroll in the Plan?........................................................................................2 II OPERATION 1. How does this Plan operate?......................................................................................................2 III CONTRIBUTIONS 1. How much of my pay may the Employer redirect?...................................................................3 2. What happens to contributions made to the Plan?.....................................................................3 3. When must I decide which accounts I want to use?..................................................................3 4. When is the election period for our Plan?..................................................................................3 5. May I change my elections during the Plan Year?....................................................................3 6. May I make new elections in future Plan Years?......................................................................5 IV BENEFITS 1. What benefits are offered under the Plan?.................................................................................5 2. Health Flexible Spending Account............................................................................................5 3. Dependent Care Flexible Spending Account.............................................................................6 4. Premium Expense Account........................................................................................................7 V BENEFIT PAYMENTS 1. When will I receive payments from my accounts?....................................................................7 2. What happens if I don't spend all Plan contributions during the Plan Year?.............................8 3. Family and Medical Leave Act (FMLA)...................................................................................8 4. Uniformed Services Employment and Reemployment Rights Act (USERRA)........................9 5. What happens if I terminate employment?................................................................................9 6. Will my Social Security benefits be affected?...........................................................................9 VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees?..........................................................9 VII PLAN ACCOUNTING 1. Periodic Statements..................................................................................................................10 VIII GENERAL INFORMATION ABOUT OUR PLAN 1. General Plan Information.........................................................................................................10 2. Employer Information..............................................................................................................10 3. Plan Administrator Information...............................................................................................11 4. Service of Legal Process..........................................................................................................11 5. Type of Administration............................................................................................................11 6. Claims Submission...................................................................................................................11 IX ADDITIONAL PLAN INFORMATION 1. Claims Process.........................................................................................................................11 X CONTINUATION COVERAGE RIGHTS UNDER COBRA 1. What is COBRA continuation coverage?................................................................................12 2. Who can become a Qualified Beneficiary?.............................................................................13 3. What is a Qualifying Event?....................................................................................................13 4. What factors should be considered when determining to elect COBRA continuation coverage?.................................................................................................................................14 5. What is the procedure for obtaining COBRA continuation coverage?....................................15 6. What is the election period and how long must it last?...........................................................15 7. Is a covered Employee or Qualified Beneficiary responsible for informing the Plan Administrator of the occurrence of a Qualifying Event?.........................................................15 8. Is a waiver before the end of the election period effective to end a Qualified Beneficiary's election rights?...................................................................................................17 9. Is COBRA coverage available if a Qualified Beneficiary has other group health plan coverage or Medicare?.............................................................................................................17 10. When may a Qualified Beneficiary's COBRA continuation coverage be terminated?...........17 11. What are the maximum coverage periods for COBRA continuation coverage?.....................18 12. Under what circumstances can the maximum coverage period be expanded?........................19 13. How does a Qualified Beneficiary become entitled to a disability extension?........................19 14. Does the Plan require payment for COBRA continuation coverage?......................................19 15. Must the Plan allow payment for COBRA continuation coverage to be made in monthly installments?..............................................................................................................19 16. What is Timely Payment for COBRA continuation coverage?...............................................20 17. Must a Qualified Beneficiary be given the right to enroll in a conversion health plan at the end of the maximum coverage period for COBRA continuation coverage?.................20 18. How is my participation in the Health Flexible Spending Account affected?.........................20 XI SUMMARY COUNTY OF ROANOKE FLEXIBLE BENEFIT PLAN INTRODUCTION We have amended the "Flexible Benefits Plan" that we previously established for you and other eligible employees. Under this Plan, you will be able to choose among certain benefits that we make available. The benefits that you may choose are outlined in this Summary Plan Description. We will also tell you about other important information concerning the amended Plan, such as the rules you must satisfy before you can join and the laws that protect your rights. One of the most important features of our Plan is that the benefits being offered are generally ones that you are already paying for, but normally with money that has first been subject to income and Social Security taxes. Under our Plan, these same expenses will be paid for with a portion of your pay before Federal and State income or Social Security taxes are withheld. This means that you will pay less tax and have more money to spend and save. Read this Summary Plan Description carefully so that you understand the provisions of our amended Plan and the benefits you will receive. This SPD describes the Plan's benefits and obligations as contained in the legal Plan document, which governs the operation of the Plan. The Plan document is written in much more technical and precise language. If the non-technical language in this SPD and the technical, legal language of the Plan document conflict, the Plan document always governs. Also, if there is a conflict between an insurance contract and either the Plan document or this Summary Plan Description, the insurance contract will control. If you wish to receive a copy of the legal Plan document, please contact the Administrator. This SPD describes the current provisions of the Plan which are designed to comply with applicable legal requirements. The Plan is subject to federal laws, such as the Internal Revenue Code and other federal and state laws which may affect your rights. The provisions of the Plan are subject to revision due to a change in laws or due to pronouncements by the Internal Revenue Service (IRS) or other federal agencies. We may also amend or terminate this Plan. If the provisions of the Plan that are described in this SPD change, we will notify you. We have attempted to answer most of the questions you may have regarding your benefits in the Plan. If this SPD does not answer all of your questions, please contact the Administrator (or other plan representative). The name and address of the Administrator can be found in the Article of this SPD entitled "General Information About the Plan." I ELIGIBILITY 1. When can I become a participant in the Plan? Before you become a Plan member (referred to in this Summary Plan Description as a "Participant"), there are certain rules which you must satisfy. First, you must meet the eligibility requirements and be an active employee. After that, the next step is to actually join the Plan on the "entry date" that we have established for all employees. The "entry date" is defined in Question 3 below. You will also be required to complete certain application forms before you 1 can enroll in the Health Flexible Spending Account or Dependent Care Flexible Spending Account. 2. What are the eligibility requirements for our Plan? You will be eligible to join the Plan as of your date of hire with us, if you are normally scheduled to work at least 40 hours per week. Of course, if you were already a participant before this amendment, you will remain a participant. 3. When is my entry date? Once you have met the eligibility requirements, your entry date will be the first day of the month following the date you met the eligibility requirements. 4. Are there any employees who are not eligible? Yes, there are certain employees who are not eligible to join the Plan. They are: -- Employees who are leased employees. -- Union employees. -- Employees who are part-time. A part-time employee is someone who works, or is expected to work, less than 40 hours a week. -- Certain non-resident aliens whose income is not considered income earned within the United States under Federal tax laws. 5. What must I do to enroll in the Plan? Before you can join the Plan, you must complete an application to participate in the Plan. The application includes your personal choices for each of the benefits which are being offered under the Plan. You must also authorize us to set some of your earnings aside in order to pay for the benefits you have elected. However, if you are already covered under any of the insured benefits, you will automatically participate in this Plan to the extent of your premiums unless you elect not to participate in this Plan. II OPERATION 1. How does this Plan operate? Before the start of each Plan Year, you will be able to elect to have some of your upcoming pay contributed to the Plan. These amounts will be used to pay for the benefits you have chosen. The portion of your pay that is paid to the Plan is not subject to Federal income or Social Security taxes. In other words, this allows you to use tax-free dollars to pay for certain 2 kinds of benefits and expenses which you normally pay for with out-of-pocket, taxable dollars. However, if you receive a reimbursement for an expense under the Plan, you cannot claim a Federal income tax credit or deduction on your return. (See the Article entitled "General Information About Our Plan" for the definition of "Plan Year.") III CONTRIBUTIONS 1. How much of my pay may the Employer redirect? Each year, we will automatically contribute on your behalf enough of your compensation to pay for the coverage provided unless you elect not to receive any or all of such coverage. You may also elect to have us contribute on your behalf enough of your compensation to pay for any other benefits that you elect under the Plan. These amounts will be deducted from your pay over the course of the year. 2. What happens to contributions made to the Plan? Before each Plan Year begins, you will select the benefits you want and how much of the contributions should go toward each benefit. It is very important that you make these choices carefully based on what you expect to spend on each covered benefit or expense during the Plan Year. Later, they will be used to pay for the expenses as they arise during the Plan Year. 3. When must I decide which accounts I want to use? You are required by Federal law to decide before the Plan Year begins, during the election period (defined below). You must decide two things. First, which benefits you want and, second, how much should go toward each benefit. If you are already covered by any of the insured benefits offered by this Plan, you will automatically become a Participant to the extent of the premiums for such insurance unless you elect, during the election period (defined below), not to participate in the Plan. 4. When is the election period for our Plan? You will make your initial election on or before your entry date. (You should review Section I on Eligibility to better understand the eligibility requirements and entry date.) Then, for each following Plan Year, the election period is established by the Administrator and applied uniformly to all Participants. It will normally be a period of time prior to the beginning of each Plan Year. The Administrator will inform you each year about the election period. (See the Article entitled "General Information About Our Plan" for the definition of Plan Year.) 5. May I change my elections during the Plan Year? Generally, you cannot change the elections you have made after the beginning of the Plan Year. However, there are certain limited situations when you can change your elections. You are permitted to change elections if you have a "change in status" and you make an election change 3 that is consistent with the change in status. Currently, Federal law considers the following events to be a change in status: -- Marriage, divorce, death of a spouse, legal separation or annulment; -- Change in the number of dependents, including birth, adoption, placement for adoption, or death of a dependent; -- Any of the following events for you, your spouse or dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, a change in worksite, or any other change in employment status that affects eligibility for benefits; -- One of your dependents satisfies or ceases to satisfy the requirements for coverage due to change in age, student status, or any similar circumstance; and -- A change in the place of residence of you, your spouse or dependent that would lead to a change in status, such as moving out of a coverage area for insurance. In addition, if you are participating in the Dependent Care Flexible Spending Account, then there is a change in status if your dependent no longer meets the qualifications to be eligible for dependent care. There are detailed rules on when a change in election is deemed to be consistent with a change in status. In addition, there are laws that give you rights to change health coverage for you, your spouse, or your dependents. If you change coverage due to rights you have under the law, then you can make a corresponding change in your elections under the Plan. If any of these conditions apply to you, you should contact the Administrator. If the cost of a benefit provided under the Plan increases or decreases during a Plan Year, then we will automatically increase or decrease, as the case may be, your salary redirection election. If the cost increases significantly, you will be permitted to either make corresponding changes in your payments or revoke your election and obtain coverage under another benefit package option with similar coverage, or revoke your election entirely. If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, then you may revoke your elections and elect to receive on a prospective basis coverage under another plan with similar coverage. In addition, if we add a new coverage option or eliminate an existing option, you may elect the newly-added option (or elect another option if an option has been eliminated) and make corresponding election changes to other options providing similar coverage. If you are not a Participant, you may elect to join the Plan. There are also certain situations when you may be able to change your elections on account of a change under the plan of your spouse's, former spouse's or dependent's employer. These rules on change due to cost or coverage do not apply to the Health Flexible Spending Account, and you may not change your election to the Health Flexible Spending Account if you make a change due to cost or coverage for insurance. 4 You may not change your election under the Dependent Care Flexible Spending Account if the cost change is imposed by a dependent care provider who is your relative. 6. May I make new elections in future Plan Years? Yes, you may. For each new Plan Year, you may change the elections that you previously made. You may also choose not to participate in the Plan for the upcoming Plan Year. If you do not make new elections during the election period before a new Plan Year begins, we will assume you want your elections for insured or self-funded benefits only to remain the same and you will not be considered a Participant for the non-insured benefit options under the Plan for the upcoming Plan Year. IV BENEFITS 1. What benefits are offered under the Plan? Under our Plan, you can choose to receive your entire compensation or use a portion to pay for the following benefits or expenses during the year. 2. Health Flexible Spending Account The Health Flexible Spending Account enables you to pay for expenses allowed under Sections 105 and 213(d) of the Internal Revenue Code which are not covered by our medical plan and save taxes at the same time. The Health Flexible Spending Account allows you to be reimbursed by the Employer for expenses incurred by you and your dependents. Drug costs, including insulin, may be reimbursed. You may be reimbursed for "over the counter" drugs only if those drugs are prescribed for you. You may not, however, be reimbursed for the cost of other health care coverage maintained outside of the Plan, or for long-term care expenses. A list of covered expenses is available from the Administrator. The most that you can contribute to your Health Flexible Spending Account each Plan Year is $2,500. In order to be reimbursed for a health care expense, you must submit to the Administrator an itemized bill from the service provider. We will also provide you with a debit or credit card to use to pay for medical expenses. The Administrator will provide you with further details. Amounts reimbursed from the Plan may not be claimed as a deduction on your personal income tax return. Reimbursement from the fund shall be paid at least once a month. Expenses under this Plan are treated as being "incurred" when you are provided with the care that gives rise to the expenses, not when you are formally billed or charged, or you pay for the medical care. You may be reimbursed for expenses for any child until the end of the calendar year in which the child reaches age 26. A child is a natural child, stepchild, foster child, adopted child, or a child placed with you for adoption. If a child gains or regains eligibility due to these new rules, that qualifies as a change in status to change coverage. 5 Newborns' and Mothers' Health Protection Act: Group health plans generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Women's Health and Cancer Rights Act: This plan, as required by the Women's Health and Cancer Rights Act of 1998, will reimburse up to plan limits for benefits for mastectomy-related services including reconstruction and surgery to achieve symmetry between the breasts, prostheses, and complications resulting from a mastectomy (including lymphedema). Contact your Plan Administrator for more information. 3. Dependent Care Flexible Spending Account The Dependent Care Flexible Spending Account enables you to pay for out-of-pocket, work-related dependent day-care cost with pre-tax dollars. If you are married, you can use the account if you and your spouse both work or, in some situations, if your spouse goes to school full-time. Single employees can also use the account. An eligible dependent is someone for whom you can claim expenses on Federal Income Tax Form 2441 "Credit for Child and Dependent Care Expenses." Children must be under age 13. Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: (a) A Dependent (Day) Care Center, provided that if care is provided by the facility for more than six individuals, the facility complies with applicable state and local laws; (b) An Educational Institution for pre-school children. For older children, only expenses for non-school care are eligible; and (c) An "Individual" who provides care inside or outside your home: The "Individual" may not be a child of yours under age 19 or anyone you claim as a dependent for Federal tax purposes. You should make sure that the dependent care expenses you are currently paying for qualify under our Plan. We will also provide you with a debit or credit card to use to pay for dependent care expenses. The Administrator will provide you with further details. The law places limits on the amount of money that can be paid to you in a calendar year from your Dependent Care Flexible Spending Account. Generally, your reimbursements may not exceed the lesser of: (a) $5,000 (if you are married filing a joint return or you are head of a household) or $2,500 (if you are married filing separate returns); (b) your taxable compensation; (c) your spouse's actual or deemed earned income (a spouse who is a full time student or 6 incapable of caring for himself/herself has a monthly earned income of $250 for one dependent or $500 for two or more dependents). Also, in order to have the reimbursements made to you from this account be excludable from your income, you must provide a statement from the service provider including the name, address, and in most cases, the taxpayer identification number of the service provider on your tax form for the year, as well as the amount of such expense as proof that the expense has been incurred. In addition, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a Participant in this Plan. You may save more money if you take advantage of this tax credit rather than using the Dependent Care Flexible Spending Account under our Plan. Ask your tax adviser which is better for you. 4. Premium Expense Account A Premium Expense Account allows you to use tax-free dollars to pay for certain premium expenses under various insurance programs that we offer you. These premium expenses include: -- Health care premiums under our self-funded medical plan. -- Dental insurance premiums. Under our Plan, we will establish sub-accounts for you for each different type of coverage that is available. Also, certain limits on the amount of coverage may apply. The Administrator may terminate or modify Plan benefits at any time, subject to the provisions of any contracts providing benefits described above. Also, your coverage will end when you leave employment, are no longer eligible under the terms of any coverage, or when coverage terminates. Any benefits to be provided by insurance will be provided only after (1) you have provided the Administrator the necessary information to apply for insurance, and (2) the insurance is in effect for you. If you cover your children up to age 26 under your insurance, you can pay for that coverage through the Plan. V BENEFIT PAYMENTS 1. When will I receive payments from my accounts? During the course of the Plan Year, you may submit requests for reimbursement of expenses you have incurred. Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. 7 Remember, these reimbursements which are made from the Plan are generally not subject to federal income tax or withholding. Nor are they subject to Social Security taxes. The provisions of the insurance contracts will control what benefits will be paid and when. You will only be reimbursed from the Dependent Care Flexible Spending Account to the extent that there are sufficient funds in the Account to cover your request. 2. What happens if I don't spend all Plan contributions during the Plan Year? If you have not spent all the amounts in your Health Flexible Spending Account or Dependent Care Flexible Spending Account by the end of the Plan Year, you may continue to incur claims for expenses during the "Grace Period." The "Grace Period" extends 2 1/2 months after the end of the Plan Year, during which time you can continue to incur claims and use up all amounts remaining in your Health Flexible Spending Account or Dependent Care Flexible Spending Account. Any monies left at the end of the Plan Year and the Grace Period will be forfeited. Obviously, qualifying expenses that you incur late in the Plan Year or during the Grace Period for which you seek reimbursement after the end of such Plan Year and Grace Period will be paid first before any amount is forfeited. For the Health Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. For the Dependent Care Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. Because it is possible that you might forfeit amounts in the Plan if you do not fully use the contributions that have been made, it is important that you decide how much to place in each account carefully and conservatively. Remember, you must decide which benefits you want to contribute to and how much to place in each account before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in each account will be used up entirely. 3. Family and Medical Leave Act (FMLA) If you take leave under the Family and Medical Leave Act, you may revoke or change your existing elections for health insurance and the Health Flexible Spending Account. If your coverage in these benefits terminates, due to your revocation of the benefit while on leave or due to your non-payment of contributions, you will be permitted to reinstate coverage for the remaining part of the Plan Year upon your return. For the Health Flexible Spending Account, you may continue your coverage or you may revoke your coverage and resume it when you return. You can resume your coverage at its original level and make payments for the time that you are on leave. For example, if you elect $1,200 for the year and are out on leave for 3 months, then return and elect to resume your coverage at that level, your remaining payments will be increased to cover the difference - from $100 per month to $150 per month. Alternatively your maximum amount will be reduced proportionately for the time that you were gone. For example, if you elect $1,200 for the year and are out on leave for 3 months, your amount will be reduced to $900. The expenses you incur during the time you are not in the Health Flexible Spending Account are not reimbursable. If you continue your coverage during your unpaid leave, you may pre-pay for the coverage, you may pay for your coverage on an after-tax basis while you are on leave, or you and your Employer may arrange a schedule for you to "catch up" your payments when you return. 8 4. Uniformed Services Employment and Reemployment Rights Act (USERRA) If you are going into or returning from military service, you may have special rights to health care coverage under your Health Flexible Spending Account under the Uniformed Services Employment and Reemployment Rights Act of 1994. These rights can include extended health care coverage. If you may be affected by this law, ask your Administrator for further details. 5. What happens if I terminate employment? If you terminate employment during the Plan Year, your right to benefits will be determined in the following manner: (a) You will remain covered by insurance, but only for the period for which premiums have been paid prior to your termination of employment. (b) You will still be able to request reimbursement for qualifying dependent care expenses for the remainder of the Plan Year from the balance remaining in your dependent care account at the time of termination of employment. However, no further salary redirection contributions will be made on your behalf after you terminate. You must submit claims within 90 days after the end of the Plan Year in which termination occurs. (c) For health benefit coverage and Health Flexible Spending Account coverage on termination of employment, please see the Article entitled "Continuation Coverage Rights Under COBRA." Upon your termination of employment, your participation in the Health Flexible Spending Account will cease, and no further salary redirection contributions will be contributed on your behalf. However, you will be able to submit claims for health care expenses that were incurred before the end of the period for which payments to the Health Flexible Spending Account have already been made. Your further participation will be governed by "Continuation Coverage Rights Under COBRA." 6. Will my Social Security benefits be affected? Your Social Security benefits may be slightly reduced because when you receive tax-free benefits under our Plan, it reduces the amount of contributions that you make to the Federal Social Security system as well as our contribution to Social Security on your behalf. VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees? Under the Internal Revenue Code, highly compensated employees and key employees generally are Participants who are officers, shareholders or highly paid. You will be notified by the Administrator each Plan Year whether you are a highly compensated employee or a key employee. 9 If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Federal tax laws state that a plan will be considered to unfairly favor the key employees if they as a group receive more than 25% of all of the nontaxable benefits provided for under our Plan. Plan experience will dictate whether contribution limitations on highly compensated employees or key employees will apply. You will be notified of these limitations if you are affected. VII PLAN ACCOUNTING 1. Periodic Statements The Administrator will provide you with a statement of your account periodically during the Plan Year that shows your account balance. It is important to read these statements carefully so you understand the balance remaining to pay for a benefit. Remember, you want to spend all the money you have designated for a particular benefit by the end of the Plan Year. VIII GENERAL INFORMATION ABOUT OUR PLAN This Section contains certain general information which you may need to know about the Plan. 1. General Plan Information County of Roanoke Flexible Benefit Plan is the name of the Plan. Your Employer has assigned Plan Number 501 to your Plan. The provisions of your amended Plan become effective on July 1, 2012. Your Plan was originally effective on July 1, 1989. Your Plan's records are maintained on a twelve-month period of time. This is known as the Plan Year. The Plan Year begins on July 1 and ends on June 30. 2. Employer Information Your Employer's name, address, and identification number are: County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 54-6001572 10 3. Plan Administrator Information The name, address and business telephone number of your Plan's Administrator are: County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 (540) 772-2018 The Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Administrator will also answer any questions you may have about our Plan. You may contact the Administrator for any further information about the Plan. 4. Service of Legal Process The name and address of the Plan's agent for service of legal process are: County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 5. Type of Administration The type of Administration is Employer Administration. 6. Claims Submission Claims for expenses should be submitted to: Flexible Benefit Administrators, Inc. Post Office Drawer 8188 Virginia Beach, Virginia 23450 IX ADDITIONAL PLAN INFORMATION 1. Claims Process You should submit all reimbursement claims during the Plan Year. For the Health Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. For the Dependent Care Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. Any claims submitted after that time will not be considered. Claims that are insured or self-funded will be handled in accordance with procedures contained in the insurance policies or contracts. All other general requests should be directed to the Administrator of our Plan. If a dependent care or medical expense claim under the Plan is denied in whole or in part, you or your beneficiary will receive written notification. The 11 notification will include the reasons for the denial, with reference to the specific provisions of the Plan on which the denial was based, a description of any additional information needed to process the claim and an explanation of the claims review procedure. Within 60 days after denial, you or your beneficiary may submit a written request for reconsideration of the denial to the Administrator. Any such request should be accompanied by documents or records in support of your appeal. You or your beneficiary may review pertinent documents and submit issues and comments in writing. The Administrator will review the claim and provide, within 60 days, a written response to the appeal. (This period may be extended an additional 60 days under certain circumstances.) In this response, the Administrator will explain the reason for the decision, with specific reference to the provisions of the Plan on which the decision is based. The Administrator has the exclusive right to interpret the appropriate plan provisions. Decisions of the Administrator are conclusive and binding. X CONTINUATION COVERAGE RIGHTS UNDER COBRA Under federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), certain employees and their families covered under health benefits under this Plan will be entitled to the opportunity to elect a temporary extension of health coverage (called "COBRA continuation coverage") where coverage under the Plan would otherwise end. This notice is intended to inform Plan Participants and beneficiaries, in summary fashion, of their rights and obligations under the continuation coverage provisions of COBRA, as amended and reflected in final and proposed regulations published by the Department of the Treasury. This notice is intended to reflect the law and does not grant or take away any rights under the law. The Plan Administrator or its designee is responsible for administering COBRA continuation coverage. Complete instructions on COBRA, as well as election forms and other information, will be provided by the Plan Administrator or its designee to Plan Participants who become Qualified Beneficiaries under COBRA. While the Plan itself is not a group health plan, it does provide health benefits. Whenever "Plan" is used in this section, it means any of the health benefits under this Plan including the Health Flexible Spending Account. 1. What is COBRA continuation coverage? COBRA continuation coverage is the temporary extension of group health plan coverage that must be offered to certain Plan Participants and their eligible family members (called "Qualified Beneficiaries") at group rates. The right to COBRA continuation coverage is triggered by the occurrence of a life event that results in the loss of coverage under the terms of the Plan (the "Qualifying Event"). The coverage must be identical to the coverage that the Qualified Beneficiary had immediately before the Qualifying Event, or if the coverage has been changed, the coverage must be identical to the coverage provided to similarly situated active employees who have not experienced a Qualifying Event (in other words, similarly situated non-COBRA beneficiaries). 12 2. Who can become a Qualified Beneficiary? In general, a Qualified Beneficiary can be: (a) Any individual who, on the day before a Qualifying Event, is covered under a Plan by virtue of being on that day either a covered Employee, the Spouse of a covered Employee, or a Dependent child of a covered Employee. If, however, an individual who otherwise qualifies as a Qualified Beneficiary is denied or not offered coverage under the Plan under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. (b) Any child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, and any individual who is covered by the Plan as an alternate recipient under a qualified medical support order. If, however, an individual who otherwise qualifies as a Qualified Beneficiary is denied or not offered coverage under the Plan under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. The term "covered Employee" includes any individual who is provided coverage under the Plan due to his or her performance of services for the employer sponsoring the Plan. However, this provision does not establish eligibility of these individuals. Eligibility for Plan coverage shall be determined in accordance with Plan Eligibility provisions. An individual is not a Qualified Beneficiary if the individual's status as a covered Employee is attributable to a period in which the individual was a nonresident alien who received from the individual's Employer no earned income that constituted income from sources within the United States. If, on account of the preceding reason, an individual is not a Qualified Beneficiary, then a Spouse or Dependent child of the individual will also not be considered a Qualified Beneficiary by virtue of the relationship to the individual. A domestic partner is not a Qualified Beneficiary. Each Qualified Beneficiary (including a child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage) must be offered the opportunity to make an independent election to receive COBRA continuation coverage. 3. What is a Qualifying Event? A Qualifying Event is any of the following if the Plan provided that the Plan participant would lose coverage (i.e., cease to be covered under the same terms and conditions as in effect immediately before the Qualifying Event) in the absence of COBRA continuation coverage: (a) The death of a covered Employee. (b) The termination (other than by reason of the Employee's gross misconduct), or reduction of hours, of a covered Employee's employment. 13 (c) The divorce or legal separation of a covered Employee from the Employee's Spouse. If the Employee reduces or eliminates the Employee's Spouse's Plan coverage in anticipation of a divorce or legal separation, and a divorce or legal separation later occurs, then the divorce or legal separation may be considered a Qualifying Event even though the Spouse's coverage was reduced or eliminated before the divorce or legal separation. (d) A covered Employee's enrollment in any part of the Medicare program. (e) A Dependent child's ceasing to satisfy the Plan's requirements for a Dependent child (for example, attainment of the maximum age for dependency under the Plan). If the Qualifying Event causes the covered Employee, or the covered Spouse or a Dependent child of the covered Employee, to cease to be covered under the Plan under the same terms and conditions as in effect immediately before the Qualifying Event, the persons losing such coverage become Qualified Beneficiaries under COBRA if all the other conditions of COBRA are also met. For example, any increase in contribution that must be paid by a covered Employee, or the Spouse, or a Dependent child of the covered Employee, for coverage under the Plan that results from the occurrence of one of the events listed above is a loss of coverage. The taking of leave under the Family and Medical Leave Act of 1993 ("FMLA") does not constitute a Qualifying Event. A Qualifying Event will occur, however, if an Employee does not return to employment at the end of the FMLA leave and all other COBRA continuation coverage conditions are present. If a Qualifying Event occurs, it occurs on the last day of FMLA leave and the applicable maximum coverage period is measured from this date (unless coverage is lost at a later date and the Plan provides for the extension of the required periods, in which case the maximum coverage date is measured from the date when the coverage is lost.) Note that the covered Employee and family members will be entitled to COBRA continuation coverage even if they failed to pay the employee portion of premiums for coverage under the Plan during the FMLA leave. 4. What factors should be considered when determining to elect COBRA continuation coverage? You should take into account that a failure to continue your group health coverage will affect your rights under federal law. First, you can lose the right to avoid having pre-existing condition exclusions applied by other group health plans if there is more than a 63-day gap in health coverage and election of COBRA continuation coverage may help you avoid such a gap. Second, if you do not elect COBRA continuation coverage and pay the appropriate premiums for the maximum time available to you, you will lose the right to convert to an individual health insurance policy, which does not impose such pre-existing condition exclusions. Finally, you should take into account that you have special enrollment rights under federal law (HIPAA). You have the right to request special enrollment in another group health plan for which you are otherwise eligible (such as a plan sponsored by your Spouse's employer) within 30 days after Plan coverage ends due to a Qualifying Event listed above. You will also have the same special right at the end of COBRA continuation coverage if you get COBRA continuation coverage for the maximum time available to you. 14 5. What is the procedure for obtaining COBRA continuation coverage? ThePlan has conditioned the availability of COBRA continuation coverage upon the timely election of such coverage. An election is timely if it is made during the election period. 6. What is the election period and how long must it last? The election period is the time period within which the Qualified Beneficiary must elect COBRA continuation coverage under the Plan. The election period must begin no later than the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event and ends 60 days after the later of the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event or the date notice is provided to the Qualified Beneficiary of her or his right to elect COBRA continuation coverage. If coverage is not elected within the 60 day period, all rights to elect COBRA continuation coverage are forfeited. Note: If a covered Employee who has been terminated or experienced a reduction of hours qualifies for a trade readjustment allowance or alternative trade adjustment assistance under a federal law called the Trade Act of 2002, and the employee and his or her covered dependents have not elected COBRA coverage within the normal election period, a second opportunity to elect COBRA coverage will be made available for themselves and certain family members, but only within a limited period of 60 days or less and only during the six months immediately after their group health plan coverage ended. Any person who qualifies or thinks that he or she and/or his or her family members may qualify for assistance under this special provision should contact the Plan Administrator or its designee for further information. The Trade Act of 2002 also created a tax credit for certain TAA-eligible individuals and for certain retired employees who are receiving pension payments from the Pension Benefit Guaranty Corporation (PBGC) (eligible individuals). Under the new tax provisions, eligible individuals can either take a tax credit or get advance payment of 65% of premiums paid for qualified health insurance, including continuation coverage. If you have questions about these new tax provisions, you may call the Health Coverage Tax Credit Consumer Contact Center toll- free at 1-866-628-4282. TTD/TTY callers may call toll-free at 1-866-626-4282. More information about the Trade Act is also available at www.doleta.gov/tradeact. 7. Is a covered Employee or Qualified Beneficiary responsible for informing the Plan Administrator of the occurrence of a Qualifying Event? The Plan will offer COBRA continuation coverage to Qualified Beneficiaries only after the Plan Administrator or its designee has been timely notified that a Qualifying Event has occurred. The Employer (if the Employer is not the Plan Administrator) will notify the Plan Administrator or its designee of the Qualifying Event within 30 days following the date coverage ends when the Qualifying Event is: (a) the end of employment or reduction of hours of employment, (b) death of the employee, 15 (c) commencement of a proceeding in bankruptcy with respect to the Employer, or (d) entitlement of the employee to any part of Medicare. IMPORTANT: For the other Qualifying Events (divorce or legal separation of the employee and spouse or a dependent child's losing eligibility for coverage as a dependent child), you or someone on your behalf must notify the Plan Administrator or its designee in writing within 60 days after the Qualifying Event occurs, using the procedures specified below. If these procedures are not followed or if the notice is not provided in writing to the Plan Administrator or its designee during the 60-day notice period, any spouse or dependent child who loses coverage will not be offered the option to elect continuation coverage. You must send this notice to the Plan Administrator or its designee. NOTICE PROCEDURES: Any notice that you provide must be in writing. Oral notice, including notice by telephone, is not acceptable. You must mail, fax or hand-deliver your notice to the person, department or firm listed below, at the following address: County of Roanoke 5204 Bernard Drive Roanoke, Virginia 24018 If mailed, your notice must be postmarked no later than the last day of the required notice period. Any notice you provide must state: name of the plan or plans the under which you lost or are losing coverage, name and address of the employee the covered under the plan, name(s) and address(es) of the Qualified Beneficiary(ies) the , and Qualifying Eventdate the and the it happened. divorce or legal separationa copy of the If the Qualifying Event is a , your notice must include divorce decree or the legal separation agreement . Be aware that there are other notice requirements in other contexts, for example, in order to qualify for a disability extension. Once the Plan Administrator or its designee receives timely notice that a Qualifying Event has occurred, COBRA continuation coverage will be offered to each of the qualified beneficiaries. Each Qualified Beneficiary will have an independent right to elect COBRA continuation coverage. Covered employees may elect COBRA continuation coverage for their spouses, and parents may elect COBRA continuation coverage on behalf of their children. For each Qualified Beneficiary who elects COBRA continuation coverage, COBRA continuation coverage will begin on the date that plan coverage would otherwise have been lost. If you or 16 your spouse or dependent children do not elect continuation coverage within the 60-day election period described above, the right to elect continuation coverage will be lost. 8. Is a waiver before the end of the election period effective to end a Qualified Beneficiary's election rights? If, during the election period, a Qualified Beneficiary waives COBRA continuation coverage, the waiver can be revoked at any time before the end of the election period. Revocation of the waiver is an election of COBRA continuation coverage. However, if a waiver is later revoked, coverage need not be provided retroactively (that is, from the date of the loss of coverage until the waiver is revoked). Waivers and revocations of waivers are considered made on the date they are sent to the Plan Administrator or its designee, as applicable. 9. Is COBRA coverage available if a Qualified Beneficiary has other group health plan coverage or Medicare? Qualified Beneficiaries who are entitled to elect COBRA continuation coverage may do so even if they are covered under another group health plan or are entitled to Medicare benefits on or before the date on which COBRA is elected. However, a Qualified Beneficiary's COBRA coverage will terminate automatically if, after electing COBRA, he or she becomes entitled to Medicare or becomes covered under other group health plan coverage (but only after any applicable preexisting condition exclusions of that other plan have been exhausted or satisfied). 10. When may a Qualified Beneficiary's COBRA continuation coverage be terminated? During the election period, a Qualified Beneficiary may waive COBRA continuation coverage. Except for an interruption of coverage in connection with a waiver, COBRA continuation coverage that has been elected for a Qualified Beneficiary must extend for at least the period beginning on the date of the Qualifying Event and ending not before the earliest of the following dates: (a) The last day of the applicable maximum coverage period. (b) The first day for which Timely Payment is not made to the Plan with respect to the Qualified Beneficiary. (c) The date upon which the Employer ceases to provide any group health plan (including a successor plan) to any employee. (d) The date, after the date of the election, that the Qualified Beneficiary first becomes covered under any other Plan that does not contain any exclusion or limitation with respect to any pre-existing condition, other than such an exclusion or limitation that does not apply to, or is satisfied by, the Qualified Beneficiary. (e) The date, after the date of the election, that the Qualified Beneficiary first becomes entitled to Medicare (either part A or part B, whichever occurs earlier). 17 (f) In the case of a Qualified Beneficiary entitled to a disability extension, the later of: (1) (i) 29 months after the date of the Qualifying Event, or (ii) the first day of the month that is more than 30 days after the date of a final determination under Title II or XVI of the Social Security Act that the disabled Qualified Beneficiary whose disability resulted in the Qualified Beneficiary's entitlement to the disability extension is no longer disabled, whichever is earlier; or (2) the end of the maximum coverage period that applies to the Qualified Beneficiary without regard to the disability extension. The Plan can terminate for cause the coverage of a Qualified Beneficiary on the same basis that the Plan terminates for cause the coverage of similarly situated non-COBRA beneficiaries, for example, for the submission of a fraudulent claim. In the case of an individual who is not a Qualified Beneficiary and who is receiving coverage under the Plan solely because of the individual's relationship to a Qualified Beneficiary, if the Plan's obligation to make COBRA continuation coverage available to the Qualified Beneficiary ceases, the Plan is not obligated to make coverage available to the individual who is not a Qualified Beneficiary. 11. What are the maximum coverage periods for COBRA continuation coverage? The maximum coverage periods are based on the type of the Qualifying Event and the status of the Qualified Beneficiary, as shown below. (a) In the case of a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period ends 18 months after the Qualifying Event if there is not a disability extension and 29 months after the Qualifying Event if there is a disability extension. (b) In the case of a covered Employee's enrollment in the Medicare program before experiencing a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period for Qualified Beneficiaries ends on the later of: (1) 36 months after the date the covered Employee becomes enrolled in the Medicare program This extension does not apply to the covered Employee; or (2) 18 months (or 29 months, if there is a disability extension) after the date of the covered Employee's termination of employment or reduction of hours of employment. (c) In the case of a Qualified Beneficiary who is a child born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, the maximum coverage period is the maximum coverage period applicable to the Qualifying 18 Event giving rise to the period of COBRA continuation coverage during which the child was born or placed for adoption. (d) In the case of any other Qualifying Event than that described above, the maximum coverage period ends 36 months after the Qualifying Event. 12. Under what circumstances can the maximum coverage period be expanded? If a Qualifying Event that gives rise to an 18-month or 29-month maximum coverage period is followed, within that 18- or 29-month period, by a second Qualifying Event that gives rise to a 36-months maximum coverage period, the original period is expanded to 36 months, but only for individuals who are Qualified Beneficiaries at the time of and with respect to both Qualifying Events. In no circumstance can the COBRA maximum coverage period be expanded to more than 36 months after the date of the first Qualifying Event. The Plan Administrator must be notified of the second qualifying event within 60 days of the second qualifying event. This notice must be sent to the Plan Administrator or its designee in accordance with the procedures above. 13. How does a Qualified Beneficiary become entitled to a disability extension? A disability extension will be granted if an individual (whether or not the covered Employee) who is a Qualified Beneficiary in connection with the Qualifying Event that is a termination or reduction of hours of a covered Employee's employment, is determined under Title II or XVI of the Social Security Act to have been disabled at any time during the first 60 days of COBRA continuation coverage. To qualify for the disability extension, the Qualified Beneficiary must also provide the Plan Administrator with notice of the disability determination on a date that is both within 60 days after the date of the determination and before the end of the original 18-month maximum coverage. This notice must be sent to the Plan Administrator or its designee in accordance with the procedures above. 14. Does the Plan require payment for COBRA continuation coverage? For any period of COBRA continuation coverage under the Plan, Qualified Beneficiaries who elect COBRA continuation coverage may be required to pay up to 102% of the applicable premium and up to 150% of the applicable premium for any expanded period of COBRA continuation coverage covering a disabled Qualified Beneficiary due to a disability extension. Your Plan Administrator will inform you of the cost. The Plan will terminate a Qualified Beneficiary's COBRA continuation coverage as of the first day of any period for which timely payment is not made. 15. Must the Plan allow payment for COBRA continuation coverage to be made in monthly installments? Yes. The Plan is also permitted to allow for payment at other intervals. 19 16. What is Timely Payment for COBRA continuation coverage? Timely Payment means a payment made no later than 30 days after the first day of the coverage period. Payment that is made to the Plan by a later date is also considered Timely Payment if either under the terms of the Plan, covered Employees or Qualified Beneficiaries are allowed until that later date to pay for their coverage for the period or under the terms of an arrangement between the Employer and the entity that provides Plan benefits on the Employer's behalf, the Employer is allowed until that later date to pay for coverage of similarly situated non-COBRA beneficiaries for the period. Notwithstanding the above paragraph, the Plan does not require payment for any period of COBRA continuation coverage for a Qualified Beneficiary earlier than 45 days after the date on which the election of COBRA continuation coverage is made for that Qualified Beneficiary. Payment is considered made on the date on which it is postmarked to the Plan. If Timely Payment is made to the Plan in an amount that is not significantly less than the amount the Plan requires to be paid for a period of coverage, then the amount paid will be deemed to satisfy the Plan's requirement for the amount to be paid, unless the Plan notifies the Qualified Beneficiary of the amount of the deficiency and grants a reasonable period of time for payment of the deficiency to be made. A "reasonable period of time" is 30 days after the notice is provided. A shortfall in a Timely Payment is not significant if it is no greater than the lesser of $50 or 10% of the required amount. 17. Must a Qualified Beneficiary be given the right to enroll in a conversion health plan at the end of the maximum coverage period for COBRA continuation coverage? If a Qualified Beneficiary's COBRA continuation coverage under a group health plan ends as a result of the expiration of the applicable maximum coverage period, the Plan will, during the 180-day period that ends on that expiration date, provide the Qualified Beneficiary with the option of enrolling under a conversion health plan if such an option is otherwise generally available to similarly situated non-COBRA beneficiaries under the Plan. If such a conversion option is not otherwise generally available, it need not be made available to Qualified Beneficiaries. 18. How is my participation in the Health Flexible Spending Account affected? You can elect to continue your participation in the Health Flexible Spending Account for the remainder of the Plan Year, subject to the following conditions. You may only continue to participate in the Health Flexible Spending Account if you have elected to contribute more money than you have taken out in claims. For example, if you elected to contribute an annual amount of $500 and, at the time you terminate employment, you have contributed $300 but only claimed $150, you may elect to continue coverage under the Health Flexible Spending Account. If you elect to continue coverage, then you would be able to continue to receive your health reimbursements up to the $500. However, you must continue to pay for the coverage, just as the money has been taken out of your paycheck, but on an after-tax basis. The Plan can also charge you an extra amount (as explained above for other health benefits) to provide this benefit. 20 IF YOU HAVE QUESTIONS If you have questions about your COBRA continuation coverage, you should contact the Plan Administrator or its designee. For more information about your rights under ERISA, including COBRA, the Health Insurance Portability and Accountability Act (HIPAA), and other laws affecting group health plans, contact the nearest Regional or District Office of the U.S. Department of Labor's Employee Benefits Security Administration (EBSA). Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's website at www.dol.gov/ebsa. KEEP YOUR PLAN ADMINISTRATOR INFORMED OF ADDRESS CHANGES In order to protect your family's rights, you should keep the Plan Administrator informed of any changes in the addresses of family members. You should also keep a copy, for your records, of any notices you send to the Plan Administrator or its designee. XI SUMMARY The money you earn is important to you and your family. You need it to pay your bills, enjoy recreational activities and save for the future. Our flexible benefits plan will help you keep more of the money you earn by lowering the amount of taxes you pay. The Plan is the result of our continuing efforts to find ways to help you get the most for your earnings. If you have any questions, please contact the Administrator. 21 COUNTY OF ROANOKE FLEXIBLE BENEFIT PLAN TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II PARTICIPATION 2.1 ELIGIBILITY.....................................................................................................................4 2.2 EFFECTIVE DATE OF PARTICIPATION......................................................................4 2.3 APPLICATION TO PARTICIPATE.................................................................................4 2.4 TERMINATION OF PARTICIPATION...........................................................................5 2.5 CHANGE OF EMPLOYMENT STATUS........................................................................5 2.6 TERMINATION OF EMPLOYMENT.............................................................................5 2.7 DEATH...............................................................................................................................6 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION................................................................................................6 3.2 APPLICATION OF CONTRIBUTIONS...........................................................................7 3.3 PERIODIC CONTRIBUTIONS........................................................................................7 ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS..........................................................................................................7 4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT..............................................7 4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT..........................8 4.4 HEALTH INSURANCE BENEFIT...................................................................................8 4.5 DENTAL INSURANCE BENEFIT...................................................................................8 4.6 NONDISCRIMINATION REQUIREMENTS..................................................................8 ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS.......................................................................................................9 5.2 SUBSEQUENT ANNUAL ELECTIONS.......................................................................10 5.3 FAILURE TO ELECT.....................................................................................................10 5.4 CHANGE IN STATUS....................................................................................................10 ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN........................................................................................14 6.2 DEFINITIONS.................................................................................................................14 6.3 FORFEITURES................................................................................................................15 6.4 LIMITATION ON ALLOCATIONS...............................................................................15 6.5 NONDISCRIMINATION REQUIREMENTS................................................................15 6.6 COORDINATION WITH CAFETERIA PLAN..............................................................16 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS.............................................16 6.8 DEBIT AND CREDIT CARDS.......................................................................................17 ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT...............................................................................18 7.2 DEFINITIONS.................................................................................................................19 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS........................................20 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS............20 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS...........20 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT..........................................20 7.7 ANNUAL STATEMENT OF BENEFITS.......................................................................20 7.8 FORFEITURES................................................................................................................21 7.9 LIMITATION ON PAYMENTS.....................................................................................21 7.10 NONDISCRIMINATION REQUIREMENTS................................................................21 7.11 COORDINATION WITH CAFETERIA PLAN..............................................................22 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS..........................22 7.13 DEBIT AND CREDIT CARDS.......................................................................................23 ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS.................................................................................................24 8.2 APPLICATION OF BENEFIT PLAN SURPLUS..........................................................26 ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION............................................................................................26 9.2 EXAMINATION OF RECORDS....................................................................................27 9.3 PAYMENT OF EXPENSES............................................................................................28 9.4 INSURANCE CONTROL CLAUSE...............................................................................28 9.5 INDEMNIFICATION OF ADMINISTRATOR..............................................................28 ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT................................................................................................................28 10.2 TERMINATION..............................................................................................................28 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION.............................................................................................29 11.2 GENDER AND NUMBER..............................................................................................29 11.3 WRITTEN DOCUMENT................................................................................................29 11.4 EXCLUSIVE BENEFIT..................................................................................................29 11.5 PARTICIPANT'S RIGHTS..............................................................................................29 11.6 ACTION BY THE EMPLOYER.....................................................................................29 11.7 NO GUARANTEE OF TAX CONSEQUENCES...........................................................29 11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS......................................30 11.9 FUNDING........................................................................................................................30 11.10 GOVERNING LAW........................................................................................................30 11.11 SEVERABILITY.............................................................................................................30 11.12 CAPTIONS.......................................................................................................................30 11.13 CONTINUATION OF COVERAGE (COBRA).............................................................31 11.14 FAMILY AND MEDICAL LEAVE ACT (FMLA)........................................................31 11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)...........................................................................................................................31 11.16 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)...............................................................................................31 11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS............................................31 11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS................33 11.19 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT...............................34 11.20 GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)..........................34 11.21 WOMEN'S HEALTH AND CANCER RIGHTS ACT...................................................34 11.22 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT.................................34 COUNTY OF ROANOKE FLEXIBLE BENEFIT PLAN INTRODUCTION The Employer has amended this Plan effective July 1, 2012, to recognize the contribution made to the Employer by its Employees. Its purpose is to reward them by providing benefits for those Employees who shall qualify hereunder and their Dependents and beneficiaries. The concept of this Plan is to allow Employees to choose among different types of benefits based on their own particular goals, desires and needs. This Plan is a restatement of a Plan which was originally effective on July 1, 1989. The Plan shall be known as County of Roanoke Flexible Benefit Plan (the "Plan"). The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the benefits which an Employee elects to receive under the Plan be excludable from the Employee's income under Section 125(a) and other applicable sections of the Internal Revenue Code of 1986, as amended. The Employer also intends that, for purposes of the annual report requirement (Form 5500), this document is considered a "wrap" plan and the terms of the underlying plans for which Participants are making contributions through this Plan are hereby incorporated by reference. ARTICLE I DEFINITIONS "Administrator" 1.1 means the Employer unless another person or entity has been designated by the Employer pursuant to Section 9.1 to administer the Plan on behalf of the Employer. If the Employer is the Administrator, the Employer may appoint any person, including, but not limited to, the Employees of the Employer, to perform the duties of the Administrator. Any person so appointed shall signify acceptance by filing written acceptance with the Employer. Upon the resignation or removal of any individual performing the duties of the Administrator, the Employer may designate a successor. "Affiliated Employer" 1.2 means the Employer and any corporation which is a member of a controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or business (whether or not incorporated) which is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury regulations under Code Section 414(o). "Benefit""Benefit Options" 1.3 or means any of the optional benefit choices available to a Participant as outlined in Section 4.1. "Cafeteria Plan Benefit Dollars" 1.4 means the amount available to Participants to purchase Benefit Options as provided under Section 4.1. Each dollar contributed to this Plan shall be converted into one Cafeteria Plan Benefit Dollar. 1 "Code" 1.5 means the Internal Revenue Code of 1986, as amended or replaced from time to time. "Compensation" 1.6 means the amounts received by the Participant from the Employer during a Plan Year. "Dependent" 1.7 means any individual who qualifies as a dependent under the self-funded plan for purposes of that plan or under Code Section 152 (as modified by Code Section 105(b)). "Dependent" shall include any Child of a Participant who is covered under an Insurance Contract, as defined in the Contract, or under the Health Flexible Spending Account or as allowed by reason of the Affordable Care Act. For purposes of the Health Flexible Spending Account, a Participant's "Child" includes his natural child, stepchild, foster child, adopted child, or a child placed with the Participant for adoption. A Participant's Child will be an eligible Dependent until reaching the limiting age of 26, without regard to student status, marital status, financial dependency or residency status with the Employee or any other person. When the child reaches the applicable limiting age, coverage will end at the end of the calendar year. The phrase "placed for adoption" refers to a child whom the Participant intends to adopt, whether or not the adoption has become final, who has not attained the age of 18 as of the date of such placement for adoption. The term "placed" means the assumption and retention by such Employee of a legal obligation for total or partial support of the child in anticipation of adoption of the child. The child must be available for adoption and the legal process must have commenced. "Effective Date" 1.8 means July 1, 1989. "Election Period" 1.9 means the period immediately preceding the beginning of each Plan Year established by the Administrator, such period to be applied on a uniform and nondiscriminatory basis for all Employees and Participants. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. "Eligible Employee" 1.10 means any Employee who has satisfied the provisions of Section 2.1. An individual shall not be an "Eligible Employee" if such individual is not reported on the payroll records of the Employer as a common law employee. In particular, it is expressly intended that individuals not treated as common law employees by the Employer on its payroll records are not "Eligible Employees" and are excluded from Plan participation even if a court or administrative agency determines that such individuals are common law employees and not independent contractors. Employees whose employment is governed by the terms of a collective bargaining agreement between Employee representatives (within the meaning of Code Section 7701(a)(46)) and the Employer under which benefits were the subject of good faith bargaining between the parties, unless such agreement expressly provides for such coverage in this Plan, will not be eligible to participate in this Plan. 2 However, Employees who are "leased employees" as defined in Code Section 414(n)(2) shall not be eligible to participate in this Plan. However, any Employee who is a "part-time" Employee shall not be eligible to participate in this Plan. A "part-time" Employee is any Employee who works, or is expected to work on a regular basis, less than 40 hours a week and is designated as a part-time Employee on the Employer's personnel records. However, any Employee who is a nonresident alien and who receives no earned income (within the meaning of Code Section 911(d)(2)) from the Employer which constitutes income from sources within the United States (within the meaning of Code Section 861(a)(3)), shall not be eligible to participate in this Plan. "Employee" 1.11 means any person who is employed by the Employer. The term Employee shall include leased employees within the meaning of Code Section 414(n)(2). "Employer" 1.12 means County of Roanoke and any successor which shall maintain this Plan; and any predecessor which has maintained this Plan. In addition, where appropriate, the term Employer shall include any Participating, Affiliated or Adopting Employer. "Grace Period" 1.13 means, with respect to any Plan Year, the time period ending on the fifteenth day of the third calendar month after the end of such Plan Year, during which Medical Expenses and Employment-Related Dependent Care Expenses incurred by a Participant will be deemed to have been incurred during such Plan Year. "Insurance Contract" 1.14 means any contract issued by an Insurer underwriting a Benefit. "Insurer" 1.15 means any insurance company that underwrites a Benefit under this Plan or, with respect to any self-funded benefits, the Employer. "Key Employee" 1.16 means an Employee described in Code Section 416(i)(1) and the Treasury regulations thereunder. "Participant" 1.17 means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. "Plan" 1.18 means this instrument, including all amendments thereto. "Plan Year" 1.19 means the 12-month period beginning July 1 and ending June 30. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. "Premium Expenses""Premiums" 1.20 or mean the Participant's cost for the self- funded Benefits described in Section 4.1. 3 "Premium Expense Reimbursement Account" 1.21 means the account established for a Participant pursuant to this Plan to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Premiums of the Participant shall be paid or reimbursed. If more than one type of insured or self-funded Benefit is elected, sub-accounts shall be established for each type of insured or self-funded Benefit. "Salary Redirection" 1.22 means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. "Salary Redirection Agreement" 1.23 means an agreement between the Participant and the Employer under which the Participant agrees to reduce his Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. "Spouse" 1.24 means "spouse" as defined in the self-funded plan for purposes of that plan or the "spouse," as defined under Federal law, of a Participant, unless legally separated by court decree. ARTICLE II PARTICIPATION 2.1 ELIGIBILITY Any Eligible Employee shall be eligible to participate hereunder as of his date of employment (or the Effective Date of the Plan, if later), if he is normally scheduled to work at least 40 hours per week. However, any Eligible Employee who was a Participant in the Plan on the effective date of this amendment shall continue to be eligible to participate in the Plan. 2.2 EFFECTIVE DATE OF PARTICIPATION An Eligible Employee shall become a Participant effective as of the first day of the month following the date on which he met the eligibility requirements of Section 2.1. 2.3APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate in a manner set forth by the Administrator. The election shall be irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change his Benefit elections pursuant to Section 5.4 hereof. An Eligible Employee shall also be required to complete a Salary Redirection Agreement during the Election Period for the Plan Year during which he wishes to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period beginning on or after the Employee's effective date of participation pursuant to Section 2.2. 4 Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employer's insured or self-funded Benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer participate in this Plan upon the occurrence of any of the following events: Termination of employment. (a)The Participant's termination of employment, subject to the provisions of Section 2.6; Change in employment status. (b)The end of the Plan Year during which the Participant became a limited Participant because of a change in employment status pursuant to Section 2.5; Death. (c)The Participant's death, subject to the provisions of Section 2.7; or Termination of the plan. (d)The termination of this Plan, subject to the provisions of Section 10.2. 2.5 CHANGE OF EMPLOYMENT STATUS If a Participant ceases to be eligible to participate because of a change in employment status or classification (other than through termination of employment), the Participant shall become a limited Participant in this Plan for the remainder of the Plan Year in which such change of employment status occurs. As a limited Participant, no further Salary Redirection may be made on behalf of the Participant, and, except as otherwise provided herein, all further Benefit elections shall cease, subject to the limited Participant's right to continue coverage under any Insurance Contracts. However, any balances in the limited Participant's Dependent Care Flexible Spending Account may be used during such Plan Year to reimburse the limited Participant for any allowable Employment-Related Dependent Care incurred during the Plan Year. Subject to the provisions of Section 2.6, if the limited Participant later becomes an Eligible Employee, then the limited Participant may again become a full Participant in this Plan, provided he otherwise satisfies the participation requirements set forth in this Article II as if he were a new Employee and made an election in accordance with Section 5.1. 2.6 TERMINATION OF EMPLOYMENT If a Participant's employment with the Employer is terminated for any reason other than death, his participation in the Benefit Options provided under Section 4.1 shall be governed in accordance with the following: Insurance Benefit. (a) With regard to Benefits provided under Section 4.1, the Participant's participation in the Plan shall cease, subject to the Participant's right to continue coverage under any Insurance Contract or self-funded benefit for which premiums have already been paid. 5 Dependent Care FSA. (b) With regard to the Dependent Care Flexible Spending Account, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for employment related Dependent Care Expense reimbursements for claims incurred through the remainder of the Plan Year in which such termination occurs and submitted within 90 days after the end of the Plan Year, based on the level of the Participant's Dependent Care Flexible Spending Account as of the date of termination. COBRA applicability. (c)With regard to the Health Flexible Spending Account, the Participant may submit claims for expenses that were incurred during the portion of the Plan Year before the end of the period for which payments to the Health Flexible Spending Account have already been made. Thereafter, the health benefits under this Plan including the Health Flexible Spending Account shall be applied and administered consistent with such further rights a Participant and his Dependents may be entitled to pursuant to Code Section 4980B and Section 11.13 of the Plan. 2.7 DEATH If a Participant dies, his participation in the Plan shall cease. However, such Participant's spouse or Dependents may submit claims for expenses or benefits for the remainder of the Plan Year or until the Cafeteria Plan Benefit Dollars allocated to each specific benefit are exhausted. In no event may reimbursements be paid to someone who is not a spouse or Dependent. If the Plan is subject to the provisions of Code Section 4980B, then those provisions and related regulations shall apply for purposes of the Health Flexible Spending Account. ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION Benefits under the Plan shall be financed by Salary Redirections sufficient to support Benefits that a Participant has elected hereunder and to pay the Participant's Premium Expenses. The salary administration program of the Employer shall be revised to allow each Participant to agree to reduce his pay during a Plan Year by an amount determined necessary to purchase the elected Benefit Options. The amount of such Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding the above, for new Participants, the Salary Redirection Agreement shall only be applicable from the first day of the pay period following the Employee's entry date up to and including the last day of the Plan Year. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit election or a Salary Redirection Agreement after the Plan Year has commenced and make a new election with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in status and such other permitted events 6 as determined under Article V of the Plan and consistent with the rules and regulations of the Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are deemed to be part of this Plan and incorporated by reference hereunder. 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply the Salary Redirection to provide the Benefits elected by the affected Participants. Any contribution made or withheld for the Health Flexible Spending Account or Dependent Care Flexible Spending Account shall be credited to such fund or account. Amounts designated for the Participant's Premium Expense Reimbursement Account shall likewise be credited to such account for the purpose of paying Premium Expenses. 3.3 PERIODIC CONTRIBUTIONS Notwithstanding the requirement provided above and in other Articles of this Plan that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro rata for each payroll period. However, with regard to the Health Flexible Spending Account, the payment schedule for the required contributions may not be based on the rate or amount of reimbursements during the Plan Year. ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS Each Participant may elect any one or more of the following optional Benefits: (1) Health Flexible Spending Account (2) Dependent Care Flexible Spending Account In addition, each Participant shall have a sufficient portion of his Salary Redirections applied to the following Benefits unless the Participant elects not to receive such Benefits: (3) Health Insurance Benefit (4) Dental Insurance Benefit 4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT Each Participant may elect to participate in the Health Flexible Spending Account option, in which case Article VI shall apply. 7 4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT Each Participant may elect to participate in the Dependent Care Flexible Spending Account option, in which case Article VII shall apply. 4.4 HEALTH INSURANCE BENEFIT Coverage for Participant and Dependents. (a) Each Participant may elect to be covered under a health Contract for the Participant, his or her Spouse, and his or her Dependents. Employer selects contracts. (b) The Employer may select suitable health Contracts for use in providing this health insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. Contract incorporated by reference. (c) The rights and conditions with respect to the benefits payable from such health Contract shall be determined therefrom, and such Contract shall be incorporated herein by reference. 4.5 DENTAL INSURANCE BENEFIT Coverage for Participant and/or Dependents. (a) Each Participant may elect to be covered under the Employer's dental Insurance Contract. In addition, the Participant may elect either individual or family coverage under such Insurance Contract. Employer selects contracts. (b) The Employer may select suitable dental Insurance Contracts for use in providing this dental insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. Contract incorporated by reference. (c) The rights and conditions with respect to the benefits payable from such dental Insurance Contract shall be determined therefrom, and such dental Insurance Contract shall be incorporated herein by reference. 4.6 NONDISCRIMINATION REQUIREMENTS Intent to be nondiscriminatory. (a) It is the intent of this Plan to provide benefits to a classification of employees which the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor discrimination may not occur under Code Section 125. 25% concentration test. (b) It is the intent of this Plan not to provide qualified benefits as defined under Code Section 125 to Key Employees in amounts that exceed 25% of the aggregate of such Benefits provided for all Eligible Employees under the Plan. For purposes of the preceding sentence, qualified benefits shall not include benefits which (without regard to this paragraph) are includible in gross income. 8 Adjustment to avoid test failure. (c)If the Administrator deems it necessary to avoid discrimination or possible taxation to Key Employees or a group of employees in whose favor discrimination may not occur in violation of Code Section 125, it may, but shall not be required to, reduce contributions or non-taxable Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reduce contributions or non-taxable Benefits, it shall be done in the following manner. First, the non-taxable Benefits of the affected Participant (either an employee who is highly compensated or a Key Employee, whichever is applicable) who has the highest amount of non-taxable Benefits for the Plan Year shall have his non-taxable Benefits reduced until the discrimination tests set forth in this Section are satisfied or until the amount of his non-taxable Benefits equals the non-taxable Benefits of the affected Participant who has the second highest amount of non-taxable Benefits. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. With respect to any affected Participant who has had Benefits reduced pursuant to this Section, the reduction shall be made proportionately among Health Flexible Spending Account Benefits and Dependent Care Flexible Spending Account Benefits, and once all these Benefits are expended, proportionately among self-funded Benefits. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and deposited into the benefit plan surplus. ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided he elects to do so on or before his effective date of participation pursuant to Section 2.2. Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employer's insured or self-funded benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. 9 5.2 SUBSEQUENT ANNUAL ELECTIONS During the Election Period prior to each subsequent Plan Year, each Participant shall be given the opportunity to elect, on an election of benefits form to be provided by the Administrator, which spending account Benefit options he wishes to select. Any such election shall be effective for any Benefit expenses incurred during the Plan Year which follows the end of the Election Period. With regard to subsequent annual elections, the following options shall apply: (a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; (b) A Participant may terminate his participation in the Plan by notifying the Administrator in writing during the Election Period that he does not want to participate in the Plan for the next Plan Year; (c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan, except as provided for in Section 5.4. 5.3 FAILURE TO ELECT With regard to Benefits available under the Plan for which no Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall therefore be authorized or made for the subsequent Plan Year for such Benefits. With regard to Benefits available under the Plan for which Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have made the same Benefit elections as are then in effect for the current Plan Year. The Participant shall also be deemed to have elected Salary Redirection in an amount necessary to purchase such Benefit options. 5.4 CHANGE IN STATUS Change in status defined. (a) Any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, the changes are necessitated by and are consistent with a change in status which is acceptable under rules and regulations adopted by the Department of the Treasury, the provisions of which are incorporated by reference. Notwithstanding anything herein to the contrary, if the rules and regulations conflict, then such rules and regulations shall control. In general, a change in election is not consistent if the change in status is the Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements 10 for coverage, and the Participant's election under the Plan is to cancel accident or health insurance coverage for any individual other than the one involved in such event. In addition, if the Participant, Spouse or Dependent gains or loses eligibility for coverage, then a Participant's election under the Plan to cease or decrease coverage for that individual under the Plan corresponds with that change in status only if coverage for that individual becomes applicable or is increased under the family member plan. Regardless of the consistency requirement, if the individual, the individual's Spouse, or Dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Code Section 4980B or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. However, this does not apply for COBRA eligibility due to divorce, annulment or legal separation. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than the first pay period beginning after the election form is completed and returned to the Administrator. For the purposes of this subsection, a change in status shall only include the following events or other events permitted by Treasury regulations: (1) Legal Marital Status: events that change a Participant's legal marital status, including marriage, divorce, death of a Spouse, legal separation or annulment; (2) Number of Dependents: Events that change a Participant's number of Dependents, including birth, adoption, placement for adoption, or death of a Dependent; (3) Employment Status: Any of the following events that change the employment status of the Participant, Spouse, or Dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, or a change in worksite. In addition, if the eligibility conditions of this Plan or other employee benefit plan of the Employer of the Participant, Spouse, or Dependent depend on the employment status of that individual and there is a change in that individual's employment status with the consequence that the individual becomes (or ceases to be) eligible under the plan, then that change constitutes a change in employment under this subsection; (4) Dependent satisfies or ceases to satisfy the eligibility requirements: An event that causes the Participant's Dependent to satisfy or cease to satisfy the requirements for coverage due to attainment of age, student status, or any similar circumstance; and (5) Residency: A change in the place of residence of the Participant, Spouse or Dependent, that would lead to a change in status (such as a loss of HMO coverage). 11 For the Dependent Care Flexible Spending Account, a Dependent becoming or ceasing to be a "Qualifying Dependent" as defined under Code Section 21(b) shall also qualify as a change in status. Notwithstanding anything in this Section to the contrary, the gain of eligibility or change in eligibility of a child, as allowed under Code Sections 105(b) and 106, and IRS Notice 2010-38, shall qualify as a change in status. Special enrollment rights. (b) Notwithstanding subsection (a), the Participants may change an election for accident or health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 9801(f), including those authorized under the provisions of the Children's Health Insurance Program Reauthorization Act of 2009 (SCHIP); provided that such Participant meets the sixty (60) day notice requirement imposed by Code Section 9801(f) (or such longer period as may be permitted by the Plan and communicated to Participants). Such change shall take place on a prospective basis, unless otherwise required by Code Section 9801(f) to be retroactive. Qualified Medical Support Order. (c)Notwithstanding subsection (a), in the event of a judgment, decree, or order (including approval of a property settlement) ("order") resulting from a divorce, legal separation, annulment, or change in legal custody which requires accident or health coverage for a Participant's child (including a foster child who is a Dependent of the Participant): (1) The Plan may change an election to provide coverage for the child if the order requires coverage under the Participant's plan; or (2) The Participant shall be permitted to change an election to cancel coverage for the child if the order requires the former Spouse to provide coverage for such child, under that individual's plan and such coverage is actually provided. Medicare or Medicaid. (d) Notwithstanding subsection (a), a Participant may change elections to cancel accident or health coverage for the Participant or the Participant's Spouse or Dependent if the Participant or the Participant's Spouse or Dependent is enrolled in the accident or health coverage of the Employer and becomes entitled to coverage (i.e., enrolled) under Part A or Part B of the Title XVIII of the Social Security Act (Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928 of the Social Security Act (the program for distribution of pediatric vaccines). If the Participant or the Participant's Spouse or Dependent who has been entitled to Medicaid or Medicare coverage loses eligibility, that individual may prospectively elect coverage under the Plan if a benefit package option under the Plan provides similar coverage. Cost increase or decrease. (e) If the cost of a Benefit provided under the Plan increases or decreases during a Plan Year, then the Plan shall automatically increase or decrease, as the case may be, the Salary Redirections of all affected Participants for such Benefit. Alternatively, if the cost of a benefit 12 package option increases significantly, the Administrator shall permit the affected Participants to either make corresponding changes in their payments or revoke their elections and, in lieu thereof, receive on a prospective basis coverage under another benefit package option with similar coverage, or drop coverage prospectively if there is no benefit package option with similar coverage. A cost increase or decrease refers to an increase or decrease in the amount of elective contributions under the Plan, whether resulting from an action taken by the Participants or an action taken by the Employer. Loss of coverage. (f) If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another plan with similar coverage, or drop coverage prospectively if no similar coverage is offered. Addition of a new benefit. (g) If, during the period of coverage, a new benefit package option or other coverage option is added, an existing benefit package option is significantly improved, or an existing benefit package option or other coverage option is eliminated, then the affected Participants may elect the newly-added option, or elect another option if an option has been eliminated prospectively and make corresponding election changes with respect to other benefit package options providing similar coverage. In addition, those Eligible Employees who are not participating in the Plan may opt to become Participants and elect the new or newly improved benefit package option. Loss of coverage under certain other plans. (h) A Participant may make a prospective election change to add group health coverage for the Participant, the Participant's Spouse or Dependent if such individual loses group health coverage sponsored by a governmental or educational institution, including a state children's health insurance program under the Social Security Act, the Indian Health Service or a health program offered by an Indian tribal government, a state health benefits risk pool, or a foreign government group health plan. Change of coverage due to change under certain other plans. (i)A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of a Spouse's, former Spouse's or Dependent's employer if (1) the cafeteria plan or other benefits plan of the Spouse's, former Spouse's or Dependent's employer permits its participants to make a change; or (2) the cafeteria plan permits participants to make an election for a period of coverage that is different from the period of coverage under the cafeteria plan of a Spouse's, former Spouse's or Dependent's employer. Change in dependent care provider. (j) A Participant may make a prospective election change that is on account of and corresponds with a change by the Participant in the dependent care provider. The availability of dependent care services from a new childcare provider is similar to a new benefit package option becoming available. A cost change is allowable in the Dependent Care Flexible Spending Account only if the cost change is imposed by a dependent care 13 provider who is not related to the Participant, as defined in Code Section 152(a)(1) through (8). Health FSA cannot change due to insurance change. (k) A Participant shall not be permitted to change an election to the Health Flexible Spending Account as a result of a cost or coverage change under any health insurance benefits. ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN This Health Flexible Spending Account is intended to qualify as a medical reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury regulations thereunder. Participants who elect to participate in this Health Flexible Spending Account may submit claims for the reimbursement of Medical Expenses. All amounts reimbursed shall be periodically paid from amounts allocated to the Health Flexible Spending Account. Periodic payments reimbursing Participants from the Health Flexible Spending Account shall in no event occur less frequently than monthly. 6.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan, the terms below have the following meaning: "Health Flexible Spending Account" (a) means the account established for Participants pursuant to this Plan to which part of their Cafeteria Plan Benefit Dollars may be allocated and from which all allowable Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents may be reimbursed. "Highly Compensated Participant" (b) means, for the purposes of this Article and determining discrimination under Code Section 105(h), a participant who is: (1) one of the 5 highest paid officers; (2) a shareholder who owns (or is considered to own applying the rules of Code Section 318) more than 10 percent in value of the stock of the Employer; or (3) among the highest paid 25 percent of all Employees (other than exclusions permitted by Code Section 105(h)(3)(B) for those individuals who are not Participants). "Medical Expenses" (c) means any expense for medical care within the meaning of the term "medical care" as defined in Code Section 213(d) and the rulings and Treasury regulations thereunder, and not otherwise used by the Participant as a deduction in determining his tax liability under the Code. 14 "Medical Expenses" can be incurred by the Participant, his or her Spouse and his or her Dependents. "Incurred" means, with regard to Medical Expenses, when the Participant is provided with the medical care that gives rise to the Medical Expense and not when the Participant is formally billed or charged for, or pays for, the medical care. A Participant may not be reimbursed for the cost of any medicine or drug that is not "prescribed" within the meaning of Code Section 106(f) or is not insulin. A Participant may not be reimbursed for the cost of other health coverage such as premiums paid under plans maintained by the employer of the Participant's Spouse or individual policies maintained by the Participant or his Spouse or Dependent. A Participant may not be reimbursed for "qualified long-term care services" as defined in Code Section 7702B(c). (d) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Health Flexible Spending Account. 6.3 FORFEITURES The amount in the Health Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to Section 8.2. 6.4 LIMITATION ON ALLOCATIONS Notwithstanding any provision contained in this Health Flexible Spending Account to the contrary, the maximum amount that may be allocated to the Health Flexible Spending Account by a Participant in or on account of any Plan Year is $2,500. 6.5 NONDISCRIMINATION REQUIREMENTS Intent to be nondiscriminatory. (a) It is the intent of this Health Flexible Spending Account not to discriminate in violation of the Code and the Treasury regulations thereunder. Adjustment to avoid test failure. (b) If the Administrator deems it necessary to avoid discrimination under this Health Flexible Spending Account, it may, but shall not be required to, reject any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Health Flexible Spending Account by the member of the group in whose favor discrimination may not occur pursuant to Code 15 Section 105 that elected to contribute the highest amount to the fund for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section or the Code are satisfied, or until the amount designated for the fund equals the amount designated for the fund by the next member of the group in whose favor discrimination may not occur pursuant to Code Section 105 who has elected the second highest contribution to the Health Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section or the Code are satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and credited to the benefit plan surplus. 6.6 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Health Flexible Spending Account. The enrollment under the Cafeteria Plan shall constitute enrollment under this Health Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS Expenses must be incurred during Plan Year. (a) All Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents during the Plan Year including the Grace Period shall be reimbursed during the Plan Year subject to Section 2.6, even though the submission of such a claim occurs after his participation hereunder ceases; but provided that the Medical Expenses were incurred during the applicable Plan Year. Medical Expenses are treated as having been incurred when the Participant is provided with the medical care that gives rise to the medical expenses, not when the Participant is formally billed or charged for, or pays for the medical care. Reimbursement available throughout Plan Year. (b)The Administrator shall direct the reimbursement to each eligible Participant for all allowable Medical Expenses, up to a maximum of the amount designated by the Participant for the Health Flexible Spending Account for the Plan Year. Reimbursements shall be made available to the Participant throughout the year without regard to the level of Cafeteria Plan Benefit Dollars which have been allocated to the fund at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any health care plan covering the Participant and/or his Spouse or Dependents. Payments. (c) Reimbursement payments under this Plan shall be made directly to the Participant. However, in the Administrator's discretion, payments may be made directly to the service provider. The application for payment or reimbursement shall be made to the Administrator on an acceptable form within a reasonable time of incurring the debt or paying for the service. The application shall include a written statement from an independent third party stating that the Medical Expense has been incurred and the amount of such expense. Furthermore, the Participant shall provide a written statement that the 16 Medical Expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the Health Flexible Spending Account, such amount will not be claimed as a tax deduction. The Administrator shall retain a file of all such applications. Grace Period. (d) Notwithstanding anything in this Section to the contrary, Medical Expenses incurred during the Grace Period, up to the remaining account balance, shall also be deemed to have been incurred during the Plan Year to which the Grace Period relates. Claims for reimbursement. (e) Claims for the reimbursement of Medical Expenses incurred in any Plan Year shall be paid as soon after a claim has been filed as is administratively practicable; provided however, that if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those Medical Expense claims shall not be considered for reimbursement by the Administrator. Non-prescription drug costs incurred during the Grace Period related to the 2010 Plan Year shall not be reimbursed. 6.8 DEBIT AND CREDIT CARDS Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Medical Expenses, subject to the following terms: Card only for medical expenses. (a) Each Participant issued a card shall certify that such card shall only be used for Medical Expenses. The Participant shall also certify that any Medical Expense paid with the card has not already been reimbursed by any other plan covering health benefits and that the Participant will not seek reimbursement from any other plan covering health benefits. Card issuance. (b) Such card shall be issued upon the Participant's Effective Date of Participation and reissued for each Plan Year the Participant remains a Participant in the Health Flexible Spending Account. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant has a change in status that results in the Participant's withdrawal from the Health Flexible Spending Account. Maximum dollar amount available. (c) The dollar amount of coverage available on the card shall be the amount elected by the Participant for the Plan Year. The maximum dollar amount of coverage available shall be the maximum amount for the Plan Year as set forth in Section 6.4. Only available for use with certain service providers. (d)The cards shall only be accepted by such merchants and service providers as have been approved by the Administrator. 17 Card use. (e) The cards shall only be used for Medical Expense purchases at these providers, including, but not limited to, the following: (1) Co-payments for doctor and other medical care; (2) Purchase of drugs prescribed by a health care provider, including, if permitted by the Administrator, over-the-counter medications as allowed under IRS regulations; (3) Purchase of medical items such as eyeglasses, syringes, crutches, etc. Substantiation. (f) Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a service provider describing the service, the date and the amount. The Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall be conditional pending confirmation and substantiation. Correction methods. (g)If such purchase is later determined by the Administrator to not qualify as a Medical Expense, the Administrator, in its discretion, shall use one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. (1) Repayment of the improper amount by the Participant; (2) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; (3) Claims substitution or offset of future claims until the amount is repaid; and (4) if subsections (1) through (3) fail to recover the amount, consistent with the Employer's business practices, the Employer may treat the amount as any other business indebtedness. ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT This Dependent Care Flexible Spending Account is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of Employment-Related Dependent Care Expenses. All amounts reimbursed shall be paid from amounts allocated to the Participant's Dependent Care Flexible Spending Account. 18 7.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan the terms below shall have the following meaning: "Dependent Care Flexible Spending Account" (a) means the account established for a Participant pursuant to this Article to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Employment-Related Dependent Care Expenses of the Participant may be reimbursed for the care of the Qualifying Dependents of Participants. "Earned Income" (b) means earned income as defined under Code Section 32(c)(2), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participant. "Employment-Related Dependent Care Expenses" (c) means the amounts paid for expenses of a Participant for those services which if paid by the Participant would be considered employment related expenses under Code Section 21(b)(2). Generally, they shall include expenses for household services and for the care of a Qualifying Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Qualifying Dependents with respect to such Participant. Employment-Related Dependent Care Expenses are treated as having been incurred when the Participant's Qualifying Dependents are provided with the dependent care that gives rise to the Employment-Related Dependent Care Expenses, not when the Participant is formally billed or charged for, or pays for the dependent care. The determination of whether an amount qualifies as an Employment-Related Dependent Care Expense shall be made subject to the following rules: (1) If such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment-Related Dependent Care Expenses only if incurred for a Qualifying Dependent as defined in Section 7.2(d)(1) (or deemed to be, as described in Section 7.2(d)(1) pursuant to Section 7.2(d)(3)), or for a Qualifying Dependent as defined in Section 7.2(d)(2) (or deemed to be, as described in Section 7.2(d)(2) pursuant to Section 7.2(d)(3)) who regularly spends at least 8 hours per day in the Participant's household; (2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than 6 individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment-Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a Dependent of such Participant or such Participant's Spouse. 19 "Qualifying Dependent" (d) means, for Dependent Care Flexible Spending Account purposes, (1) a Participant's Dependent (as defined in Code Section 152(a)(1)) who has not attained age 13; (2) a Dependent or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the Participant for more than one-half of such taxable year; or (3) a child that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). (e) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Flexible Spending Account. 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS The Administrator shall establish a Dependent Care Flexible Spending Account for each Participant who elects to apply Cafeteria Plan Benefit Dollars to Dependent Care Flexible Spending Account benefits. 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be increased each pay period by the portion of Cafeteria Plan Benefit Dollars that he has elected to apply toward his Dependent Care Flexible Spending Account pursuant to elections made under Article V hereof. 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be reduced by the amount of any Employment-Related Dependent Care Expense reimbursements paid or incurred on behalf of a Participant pursuant to Section 7.12 hereof. 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Flexible Spending Account, a Participant who incurs Employment-Related Dependent Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he is a Participant. 7.7 ANNUAL STATEMENT OF BENEFITS On or before January 31st of each calendar year, the Employer shall furnish to each Employee who was a Participant and received benefits under Section 7.6 during the prior 20 calendar year, a statement of all such benefits paid to or on behalf of such Participant during the prior calendar year. This statement is set forth on the Participant's Form W-2. 7.8 FORFEITURES The amount in a Participant's Dependent Care Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. 7.9 LIMITATION ON PAYMENTS Code limits. (a) Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Flexible Spending Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)). 7.10 NONDISCRIMINATION REQUIREMENTS Intent to be nondiscriminatory. (a) It is the intent of this Dependent Care Flexible Spending Account that contributions or benefits not discriminate in favor of the group of employees in whose favor discrimination may not occur under Code Section 129(d). 25% test for shareholders. (b) It is the intent of this Dependent Care Flexible Spending Account that not more than 25 percent of the amounts paid by the Employer for dependent care assistance during the Plan Year will be provided for the class of individuals who are shareholders or owners (or their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more than 5 percent of the stock or of the capital or profits interest in the Employer. Adjustment to avoid test failure. (c)If the Administrator deems it necessary to avoid discrimination or possible taxation to a group of employees in whose favor discrimination may not occur in violation of Code Section 129 it may, but shall not be required to, reject any elections or reduce contributions or non-taxable benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Dependent Care Flexible Spending Account by the affected Participant that elected to contribute the highest amount to such account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section are satisfied, or until the amount designated for the account equals the amount designated for the account of the affected Participant who has elected the second highest contribution to the Dependent Care Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. Contributions which are not utilized to provide 21 Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited. 7.11 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Dependent Care Flexible Spending Account. The enrollment and termination of participation under the Cafeteria Plan shall constitute enrollment and termination of participation under this Dependent Care Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS The Administrator shall direct the payment of all such Dependent Care claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. However, in the Administrator's discretion, payments may be made directly to the service provider. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. At a minimum, the form shall include a statement from an independent third party as proof that the expense has been incurred during the Plan Year including the Grace Period and the amount of such expense. In addition, the Administrator may require that each Participant who desires to receive reimbursement under this Program for Employment-Related Dependent Care Expenses submit a statement which may contain some or all of the following information: (a) The Dependent or Dependents for whom the services were performed; (b) The nature of the services performed for the Participant, the cost of which he wishes reimbursement; (c) The relationship, if any, of the person performing the services to the Participant; (d) If the services are being performed by a child of the Participant, the age of the child; (e) A statement as to where the services were performed; (f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; (g) If the services were being performed in a day care center, a statement: (1) that the day care center complies with all applicable laws and regulations of the state of residence, 22 (2) that the day care center provides care for more than 6 individuals (other than individuals residing at the center), and (3) of the amount of fee paid to the provider. (h) If the Participant is married, a statement containing the following: (1) the Spouse's salary or wages if he or she is employed, or (2) if the Participant's Spouse is not employed, that (i) he or she is incapacitated, or (ii) he or she is a full-time student attending an educational institution and the months during the year which he or she attended such institution. Grace Period. (i) Notwithstanding anything in this Section to the contrary, Employment-Related Dependent Care Expenses incurred during the Grace Period, up to the remaining account balance, shall also be deemed to have been incurred during the Plan Year to which the Grace Period relates. Claims for reimbursement. (j) If a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. 7.13 DEBIT AND CREDIT CARDS Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Employment-Related Dependent Care Expenses, subject to the following terms: Card only for dependent care expenses. (a) Each Participant issued a card shall certify that such card shall only be used for Employment-Related Dependent Care Expenses. The Participant shall also certify that any Employment-Related Dependent Care Expense paid with the card has not already been reimbursed by any other plan covering dependent care benefits and that the Participant will not seek reimbursement from any other plan covering dependent care benefits. Card issuance. (b) Such card shall be issued upon the Participant's Effective Date of Participation and reissued for each Plan Year the Participant remains a Participant in the Dependent Care Flexible Spending Account. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant has a change in status that results in the Participant's withdrawal from the Dependent Care Flexible Spending Account. Only available for use with certain service providers. (c) The cards shall only be accepted by such service providers as have been approved by the 23 Administrator. The cards shall only be used for Employment-Related Dependent Care Expenses from these providers. Substantiation. (d) Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a service provider describing the service, the date and the amount. The Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall be conditional pending confirmation and substantiation. Correction methods. (e) If such purchase is later determined by the Administrator to not qualify as an Employment-Related Dependent Care Expense, the Administrator, in its discretion, shall use one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. (1) Repayment of the improper amount by the Participant; (2) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; (3) Claims substitution or offset of future claims until the amount is repaid; and (4) if subsections (1) through (3) fail to recover the amount, consistent with the Employer's business practices, the Employer may treat the amount as any other business indebtedness. ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS Insurance claims. (a) Any claim for Benefits underwritten by the self-funded plan shall be made to the Employer. If the Employer denies any claim, the Participant or beneficiary shall follow the Employer's claims review procedure. Dependent Care Flexible Spending Account or Health Flexible (b) Spending Accountclaims. Any claim for Dependent Care Flexible Spending Account or Health Flexible Spending Account Benefits shall be made to the Administrator. For the Health Flexible Spending Account, if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. For the Dependent Care Flexible Spending Account, if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. If the Administrator denies a claim, the Administrator may provide notice to the Participant or beneficiary, in writing, 24 within 90 days after the claim is filed unless special circumstances require an extension of time for processing the claim. The notice of a denial of a claim shall be written in a manner calculated to be understood by the claimant and shall set forth: (1) specific references to the pertinent Plan provisions on which the denial is based; (2) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation as to why such information is necessary; and (3) an explanation of the Plan's claim procedure. Appeal. (c) Within 60 days after receipt of the above material, the claimant shall have a reasonable opportunity to appeal the claim denial to the Administrator for a full and fair review. The claimant or his duly authorized representative may: (1) request a review upon written notice to the Administrator; (2) review pertinent documents; and (3) submit issues and comments in writing. Review of appeal. (d) A decision on the review by the Administrator will be made not later than 60 days after receipt of a request for review, unless special circumstances require an extension of time for processing (such as the need to hold a hearing), in which event a decision should be rendered as soon as possible, but in no event later than 120 days after such receipt. The decision of the Administrator shall be written and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the pertinent Plan provisions on which the decision is based. Forfeitures. (e) Any balance remaining in the Participant's Dependent Care Flexible Spending Account or Health Flexible Spending Account as of the end of the time for claims reimbursement for each Plan Year and Grace Period (if applicable) shall be forfeited and deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or Section 7.8, whichever is applicable, unless the Participant had made a claim for such Plan Year, in writing, which has been denied or is pending; in which event the amount of the claim shall be held in his account until the claim appeal procedures set forth above have been satisfied or the claim is paid. If any such claim is denied on appeal, the amount held beyond the end of the Plan Year shall be forfeited and credited to the benefit plan surplus. 25 8.2 APPLICATION OF BENEFIT PLAN SURPLUS Any forfeited amounts credited to the benefit plan surplus by virtue of the failure of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but need not be, separately accounted for after the close of the Plan Year (or after such further time specified herein for the filing of claims) in which such forfeitures arose. In no event shall such amounts be carried over to reimburse a Participant for expenses incurred during a subsequent Plan Year for the same or any other Benefit available under the Plan; nor shall amounts forfeited by a particular Participant be made available to such Participant in any other form or manner, except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall be used to defray any administrative costs and experience losses or used to provide additional benefits under the Plan. ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION The Employer shall be the Administrator, unless the Employer elects otherwise. The Employer may appoint any person, including, but not limited to, the Employees of the Employer, to perform the duties of the Administrator. Any person so appointed shall signify acceptance by filing written acceptance with the Employer. Upon the resignation or removal of any individual performing the duties of the Administrator, the Employer may designate a successor. If the Employer elects, the Employer shall appoint one or more Administrators. Any person, including, but not limited to, the Employees of the Employer, shall be eligible to serve as an Administrator. Any person so appointed shall signify acceptance by filing written acceptance with the Employer. An Administrator may resign by delivering a written resignation to the Employer or be removed by the Employer by delivery of written notice of removal, to take effect at a date specified therein, or upon delivery to the Administrator if no date is specified. The Employer shall be empowered to appoint and remove the Administrator from time to time as it deems necessary for the proper administration of the Plan to ensure that the Plan is being operated for the exclusive benefit of the Employees entitled to participate in the Plan in accordance with the terms of the Plan and the Code. The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full power and discretion to administer the Plan in all of its details and determine all questions arising in connection with the administration, interpretation, and application of the Plan. The Administrator may establish procedures, correct any defect, supply any information, or reconciles any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan. The Administrator shall have all powers necessary or appropriate to accomplish the Administrator's duties under the Plan. The Administrator shall be charged with the duties of the general administration of the Plan as set forth under the Plan, including, but not limited to, in addition to all other powers provided by this Plan: 26 (a) To make and enforce such procedures, rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; (b) To interpret the provisions of the Plan, the Administrator's interpretations thereof in good faith to be final and conclusive on all persons claiming benefits by operation of the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive benefits provided by operation of the Plan; (d) To reject elections or to limit contributions or Benefits for certain highly compensated participants if it deems such to be desirable in order to avoid discrimination under the Plan in violation of applicable provisions of the Code; (e) To provide Employees with a reasonable notification of their benefits available by operation of the Plan and to assist any Participant regarding the Participant's rights, benefits or elections under the Plan; (f) To keep and maintain the Plan documents and all other records pertaining to and necessary for the administration of the Plan; (g) To review and settle all claims against the Plan, to approve reimbursement requests, and to authorize the payment of benefits if the Administrator determines such shall be paid if the Administrator decides in its discretion that the applicant is entitled to them. This authority specifically permits the Administrator to settle disputed claims for benefits and any other disputed claims made against the Plan; (h) To appoint such agents, counsel, accountants, consultants, and other persons or entities as may be required to assist in administering the Plan. Any procedure, discretionary act, interpretation or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 125 and the Treasury regulations thereunder. 9.2 EXAMINATION OF RECORDS The Administrator shall make available to each Participant, Eligible Employee and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours. 27 9.3 PAYMENT OF EXPENSES Any reasonable administrative expenses shall be paid by the Employer unless the Employer determines that administrative costs shall be borne by the Participants under the Plan or by any Trust Fund which may be established hereunder. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of highly compensated employees. 9.4 INSURANCE CONTROL CLAUSE In the event of a conflict between the terms of this Plan and the terms of an Insurance Contract of an independent third party Insurer whose product is then being used in conjunction with this Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become insured, if any, the benefits Participants are entitled to and the circumstances under which insurance terminates. 9.5 INDEMNIFICATION OF ADMINISTRATOR The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs and expenses (including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is in good faith. ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of modifying any benefit election of any Participant in effect at the time of such amendment, unless such amendment is made to comply with Federal, state or local laws, statutes or regulations. 10.2 TERMINATION The Employer reserves the right to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made. Benefits under any Contract shall be paid in accordance with the terms of the Contract. No further additions shall be made to the Health Flexible Spending Account or Dependent Care Flexible Spending Account, but all payments from such fund shall continue to be made according to the elections in effect until 90 days after the termination date of the Plan. Any amounts remaining in any such fund or account as of the end of such period shall be forfeited and deposited in the benefit plan surplus after the expiration of the filing period. 28 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 11.11. 11.2 GENDER AND NUMBER Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 11.3 WRITTEN DOCUMENT This Plan, in conjunction with any separate written document which may be required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any Treasury regulations thereunder relating to cafeteria plans. 11.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. 11.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. 11.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 11.7 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of 29 each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Participant. 11.9 FUNDING Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account or asset of the Employer from which any payment under the Plan may be made. 11.10 GOVERNING LAW This Plan is governed by the Code and the Treasury regulations issued thereunder (as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the provisions of this Plan shall be construed, enforced and administered according to the laws of the State of Virginia. 11.11 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. 11.12 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. 30 11.13 CONTINUATION OF COVERAGE (COBRA) Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan subject to the continuation coverage requirement of Code Section 4980B becomes unavailable, each Participant will be entitled to continuation coverage as prescribed in Code Section 4980B, and related regulations. This Section shall only apply if the Employer employs at least twenty (20) employees on more than 50% of its typical business days in the previous calendar year. 11.14 FAMILY AND MEDICAL LEAVE ACT (FMLA) Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act and regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3. 11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in accordance with HIPAA and regulations thereunder. 11.16 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with the Uniform Services Employment And Reemployment Rights Act (USERRA) and the regulations thereunder. 11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS Application. (a) If any benefits under this Cafeteria Plan are subject to the Standards for Privacy of Individually Identifiable Health Information (45 CFR Part 164, the "Privacy Standards"), then this Section shall apply. Disclosure of PHI. (b) The Plan shall not disclose Protected Health Information to any member of the Employer's workforce unless each of the conditions set out in this Section are met. "Protected Health Information" shall have the same definition as set forth in the Privacy Standards but generally shall mean individually identifiable information about the past, present or future physical or mental health or condition of an individual, including information about treatment or payment for treatment. PHI disclosed for administrative purposes. (c) Protected Health Information disclosed to members of the Employer's workforce shall be used or disclosed by them only for purposes of Plan administrative functions. The Plan's administrative functions shall include all Plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill Plan responsibilities with respect 31 to eligibility, coverage, provision of benefits, or reimbursement for health care. Genetic information will not be used or disclosed for underwriting purposes. PHI disclosed to certain workforce members. (d) The Plan shall disclose Protected Health Information only to members of the Employer's workforce who are authorized to receive such Protected Health Information, and only to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all employees and other persons under the control of the Employer. The Employer shall keep an updated list of those authorized to receive Protected Health Information. (1) An authorized member of the Employer's workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his or her duties with respect to the Plan. (2) In the event that any member of the Employer's workforce uses or discloses Protected Health Information other than as permitted by this Section and the Privacy Standards, the incident shall be reported to the Plan's privacy officer. The privacy officer shall take appropriate action, including: (i) investigation of the incident to determine whether the breach occurred inadvertently, through negligence or deliberately; whether there is a pattern of breaches; and the degree of harm caused by the breach; (ii) appropriate sanctions against the persons causing the breach which, depending upon the nature of the breach, may include oral or written reprimand, additional training, or termination of employment; (iii) mitigation of any harm caused by the breach, to the extent practicable; and (iv) documentation of the incident and all actions taken to resolve the issue and mitigate any damages. Certification. (e) The Employer must provide certification to the Plan that it agrees to: (1) Not use or further disclose the information other than as permitted or required by the Plan documents or as required by law; (2) Ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the Plan, agrees to the same restrictions and conditions that apply to the Employer with respect to such information; 32 (3) Not use or disclose Protected Health Information for employment- related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer; (4) Report to the Plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures permitted by this Section, or required by law; (5) Make available Protected Health Information to individual Plan members in accordance with Section 164.524 of the Privacy Standards; (6) Make available Protected Health Information for amendment by individual Plan members and incorporate any amendments to Protected Health Information in accordance with Section 164.526 of the Privacy Standards; (7) Make available the Protected Health Information required to provide an accounting of disclosures to individual Plan members in accordance with Section 164.528 of the Privacy Standards; (8) Make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from the Plan available to the Department of Health and Human Services for purposes of determining compliance by the Plan with the Privacy Standards; (9) If feasible, return or destroy all Protected Health Information received from the Plan that the Employer still maintains in any form, and retain no copies of such information when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and (10) Ensure the adequate separation between the Plan and members of the Employer's workforce, as required by Section 164.504(f)(2)(iii) of the Privacy Standards and set out in (d) above. 11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS Under the Security Standards for the Protection of Electronic Protected Health Information (45 CFR Part 164.300 et. seq., the "Security Standards"): Implementation. (a) The Employer agrees to implement reasonable and appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of Electronic Protected Health Information that the Employer creates, maintains or transmits on behalf of the Plan. "Electronic Protected Health Information" shall have the same definition as set out in the Security Standards, but generally shall mean Protected Health Information that is transmitted by or maintained in electronic media. 33 Agents or subcontractors shall meet security standards. (b)The Employer shall ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information shall agree, in writing, to implement reasonable and appropriate security measures to protect the Electronic Protected Health Information. Employer shall ensure security standards. (c) The Employer shall ensure that reasonable and appropriate security measures are implemented to comply with the conditions and requirements set forth in Section 11.17. 11.19 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental Health Parity and Addiction Equity Act and ERISA Section 712. 11.20 GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Genetic Information Nondiscrimination Act. 11.21 WOMEN'S HEALTH AND CANCER RIGHTS ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Women's Health and Cancer Rights Act of 1998. 11.22 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Newborns' and Mothers' Health Protection Act. 34 IN WITNESS WHEREOF, this Plan document is hereby executed this __________ day of ________________________. County of Roanoke ____________________________ By ________________________ EMPLOYER ____________________________ WITNESSES AS TO EMPLOYER AGREEMENT Between Roanoke County Parks, Recreation and Tourism And Roanoke Parks & Recreation This Agreement (“Agreement”) is hereby dated this ______day of ___________2012, by and between the City of Roanoke through its Parks & Recreation Department (“City”), and Roanoke County, through its Parks, Recreation and Tourism Department (“County”). A. PURPOSE: The parties believe it would be in the best interests of the citizens of the County and the citizens of the City to define, develop and expand the framework of cooperation between the City and County with respect to their activities designed to provide recreation for persons who have physical, mental, or social disabilities (“Services”). A continuation of the partnership between the City and the County to provide the Services will provide the taxpayers with improved effectiveness and efficiency in the delivery of the Services and avoid duplication of programs, thereby saving tax monies. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Benefits to the City include an active partnership with the County to plan, coordinate and implement the Services for City residents while adhering to the principles of the Americans with Disabilities Act of 1990, as amended. Benefits to the County include designated funding from the City to reimburse the County for the provision of the Services. C. DUTIES OF THE COUNTY: 1. The County shall operate, fund and manage a year round therapeutic recreation program serving residents of the City and the County with disabilities. The therapeutic recreation program shall consist of programs which provide specialized leisure services that empower people with disabilities to gain the knowledge and skills needed for the development of a leisure lifestyle which meets their interests and needs. Such programs shall include the following: (1) The Summer ACE Program (a day camp for individuals with severe and profound developmental disabilities between the ages of five and 21); (2) All Pops Program (a year round recreation and leisure services for adult therapeutic recreation participants with any disability who is appropriate for the guidelines of the program; including socialization programs, daily life skill building, recreation and entertainment programs); (3) Mingle (a transition program that encourages socialization, decision making and skill building for young adults ages 18-30 years old with any disability who meet the program eligibility guidelines); (4) TRIP’s Program (a therapeutic recreation incentive program for Blue Ridge Behavioral Healthcare clients with psychiatric disabilities); 1 (5) Sign Language services and programs including the HANDS Group (social opportunities for citizens who are interested in sign language communication) and KIDSIGN Group (a week- long day camp to introduce children to sign language through instruction and fun activities); (6) Other recreation programs for citizens who have disabilities. 2. The County shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling, etc. 3. The County shall provide a level of Services for the appropriate number of City residents as set forth in Attachment A in exchange for the level of financial and in-kind contributions from the City as set forth in this Agreement and Attachment A. The level of Services shall be for at least the five programs identified in Attachment A. 4. The County shall provide disability awareness training as needed for City staff on a date and time mutually convenient to the parties. 5. The County shall put the City brand, as set forth in Attachment B, on marketing pieces whenever the Services are promoted. The color brand shall be used whenever the marketing piece permits color to be used. Otherwise, the non-color brand may be used in the marketing piece. The size and location in the marketing pieces of the City brand shall be as agreed to by the parties. 6. The County shall provide staff members of the City guidance when determining reasonable accommodations for any participant in a recreation program sponsored in part or in whole by the City. 7. The County shall provide to the City, on or before September 1 of each calendar year this Agreement is in place, a report of participation for the previous fiscal year (July 1 to June 30). The report shall include at least all of the information in Attachment A. 8. The County shall provide to the City, on or before September 1 of each calendar year this Agreement is in place, an invoice for services rendered, and a cost of Services projection for the upcoming fiscal year. D. DUTIES OF THE CITY: 1. The City shall make an annual financial reimbursement to the County for Services provided by the County to City residents only. The Services will be quantified and specified by jurisdiction in Attachment A of this Agreement. Such payment shall be made on or before October 1 of each year this Agreement is in place. Such payment shall be for Services that were provided for the previous fiscal year (July 1 to June 30). 2. The City shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling, etc. 3. The City shall provide adequate access to program space in facilities and parks owned and operated by the City for the provision of the Services. Use of these facilities by the County for the Services will be coordinated through City staff and will be coordinated with City program schedules. 4. The City shall work with the County to attempt to secure reasonable access to the facilities owned and operated by organizations with which the City has joint use agreements, including the Roanoke City 2 School Board. Use of these facilities by the County for the services will be subject to the limitations of any joint use agreement, as well as other limitations imposed by the owners of such facilities. 5. The City shall provide transportation for participants from a location or locations agreed to by the parties to any activity included in the Services, but in no event shall the cost of such transportation exceed $615.00 per fiscal year, such amount to include driver costs, meals and admissions for the driver. Scheduling of transportation will be coordinated with the transportation needs of other City programs. The City further agrees to allow the County to purchase additional hours of transportation from the City at a rate equal to the City’s direct costs for the transportation for use in the provision of the Services. Such direct costs shall include the driver’s wages, the driver’s meals, mileage at the applicable reimbursement rate in effect at the time the Services are performed, and the driver’s admissions to any facility. Scheduling of such transportation will be coordinated with other City program schedules. 6. The City shall provide advertising space in PLAY, the City’s program brochure, for promoting the Services. The size and location of the advertisement shall be as agreed to by both parties. The City shall put the County brand, as provided electronically, on marketing pieces whenever the Services are promoted. The color brand shall be used whenever the marketing pieces permit color to be used. Otherwise, the non-color brand may be used in the marketing pieces. The size and location of the County brand in the marketing pieces shall be agreed to by the parties. 7. City residents participating in the Services under this Agreement, and eligible for financial assistance pursuant to the City’s financial assistance criteria, shall be funded by the City. E. INSURANCE: The County shall comply with the insurance requirements set forth below: 1. Neither the County nor any subcontractor shall commence work under the Contract until the County has obtained and provided proof of the required insurance coverages to Risk Management for the City of Roanoke, and such proof has been approved by Risk Management for the City of Roanoke. The County confirms to the City that all subcontractors to be used have provided County with proof of such insurance, or will do so prior to commencing any work under the Contract. 2.County, including all subcontractors, shall, at its sole expense, obtain and maintain during the life of the Contract the insurance policies and/or coverages required by this section. The City and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and/or self insurance such additional insureds may have. The County shall immediately notify in writing the City of any changes, modifications, and/or termination of any insurance coverages and/or policies required by this Contract. The County shall provide to the City with the signed Contract an Accord Certificate of Insurance which states in the description of operations section one of the two paragraphs below: (a)The City and its officers, employees, agents assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. If additional insured status is automatic under a different coverage form, County must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by County and any subcontractors under this Contract. 3 OR (b)ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by County under the Contract, to the City and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by County and any subcontractors under the Contract. 3.The minimum insurance policies and/or coverages that shall be provided by the County, including its subcontractors, including the following: (a)Commercial General Liability: $1,000,000.00 $1,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $1,000,000.00 Products/Completed Operations Aggregate Limit. $1,000.000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $1,000.000.00 each occurrence limit Coverage must specifically include abuse and molestation (b)Automobile Liability: $1,000,000.00 combined single limit with applicable endorsement to cover waste cargo. (c)Workers’ Compensation and Employer’s Liability: Workers’ Compensation: statutory coverage for Virginia Employer’s Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit $100,000.00 Bodily Injury by Disease each employee (d) Miscellaneous Professional Liability Coverage for any licensed professional $1,000,000.00 limit per occurrence. (e)The required limits of insurance for the contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (f)Such insurance policies and/or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the 4 services, work, items, and/or other matters to be provided under the Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers’ compensation coverage, County’s and its subcontractors’ insurance company shall waive rights of subrogation against the City and its officers, employees, agents, assigns, and volunteers. (g) County shall provide such other insurance policies and/or coverages that may be required by other parts of this Contract. 4.Proof of Insurance Coverage: (a)County shall furnish the City with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (b)Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such wavier shall be specified on the certificate of insurance. 5.Insurance coverage shall be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld. Any insurance company providing coverage under the Contract shall be authorized to do business in the Commonwealth of Virginia. 6.The County’s insurance policies and/or coverages shall not contain any exclusions for the County’s subcontractors. 7.The continued maintenance of the insurance policies and coverages required by the Contract is a continuing obligation, and the lapse and/or termination of any such policies or coverages without approved replacement policies and/or coverages being obtained shall be grounds for termination of the County for default. 8.Nothing contained in the insurance requirements is to be construed as limiting the liability of the County, and/or its subcontractors, or their insurance carriers. The City does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect the County’s interest or liabilities, but are merely minimums. The obligation of the County, and its subcontractors, to purchase insurance shall not in any way limit the obligations of the County in the event that the City or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for the City to seek any recovery against the County’s insurance company before seeking recovery directly from the County. F.ADDITIONAL PROVISIONS: 1. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by both parties. 2. The initial term of this Agreement shall be from July 1, 2012, until June 30, 2013. This Agreement shall be renewed for up to four (4) additional one-year terms thereafter, unless the Agreement is sooner terminated. During or after the initial term, either party may terminate this Agreement for cause or no cause with one year’s notice, in writing, due no later than June 30 of any term this Agreement is in force and effect. 5 3. All funds for payments required of the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City Council of the City of Roanoke. In the event of nonappropriation of funds by the City Council of the City of Roanoke for the Services provided under this Agreement, this Agreement, without termination charge or other liability of the City, shall be considered terminated on the last day of the then current fiscal year or when the appropriation made for the then current year for the Services covered by this Agreement is spent, whichever event occurs first. If funds are not appropriated at any time for the continuance of this Agreement, cancellation will be accepted by the County on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City of Roanoke shall not be obligated under this Agreement beyond the date of termination. 4. The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights express or implied, upon any third person unless otherwise expressly provided for herein. IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first above written: ATTEST:CITY OF ROANOKE _________________________________________ By: _____________________________________ Stephanie M. Moon, CMC Christopher P. Morrill City Clerk City Manager ATTEST:COUNTY OF ROANOKE By: _____________________________________ By: _____________________________________ Clerk to Board Clayton B. Goodman, III County Administrator Approved as to Execution: Approved as to Form: _________________________________________ _________________________________________ City Attorney County Attorney _________________________________________ _______________________________________ Director of Finance Assistant City Attorney 6 MEMORANDUM OF UNDERSTANDING Between Roanoke County Parks, Recreation and Tourism And Salem Parks & Recreation This Memorandum of Understanding (“MOU”) is hereby dated this ______day of ___________2012, by and between the City of Salem through its Parks and Recreation Department (“City”), and Roanoke County, through its Parks, Recreation and Tourism Department (“County”). A. PURPOSE: The parties believe it would be in the best interests of the citizens of the County and the citizens of the City to define, develop and expand the framework of cooperation between the City and County with respect to their activities designed to provide recreation for persons who have physical, mental, or social disabilities (“Services”). A continuation of the partnership between the City and the County to provide the Services will provide the taxpayers with improved effectiveness and efficiency in the delivery of the Services and avoid duplication of programs, thereby saving tax monies. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Benefits to the City include an active partnership with the County to plan, coordinate and implement the Services for City residents while adhering to the principles of the Americans with Disabilities Act of 1990, as amended. Benefits to the County include designated funding from the City to reimburse the County for the provision of the Services. C. DUTIES OF THE COUNTY: 1. The County shall operate, fund and manage a year round therapeutic recreation program serving residents of the City and the County with disabilities. The therapeutic recreation program shall consist of programs which provide specialized leisure services that empower people with disabilities to gain the knowledge and skills needed for the development of a leisure lifestyle which meets their interests and needs. Such programs shall include the following: (1) The Summer ACE Program (a day camp for individuals with severe and profound developmental disabilities between the ages of five and 21); (2) All Pops Program (a year round recreation and leisure services for adult Therapeutic Recreation participants with any disability who is appropriate for the guidelines of the program; including socialization programs, daily life skill building, recreation and entertainment programs); (3) Mingle (a transition program that encourages socialization, decision making and skill building for young adults ages 18-30 years old with any disability who meet the program eligibility guidelines); (4) TRIP’s Program (a therapeutic recreation incentive program for Blue Ridge Behavioral Healthcare clients with psychiatric disabilities); (5) Sign Language services and programs including the HANDS Group (social opportunities for citizens who are interested in sign language communication) and KIDSIGN Group (a week-long day camp to introduce children to sign language through instruction and fun activities); (6) Other recreation programs for citizens who have disabilities. 2. The County shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling, etc. 3. The County shall provide a level of Services for the appropriate number of City residents as set forth in Attachment A in exchange for the level of financial and in-kind contributions from the City as set forth in this Agreement and Attachment A. The level of Services shall be for at least the five programs identified in Attachment A. 4. The County shall provide disability awareness training as needed for City staff on a date and time mutually convenient to the parties. 5. The County shall put the City brand, as set forth in Attachment B, on marketing pieces whenever the Services are promoted. The color brand shall be used whenever the marketing piece permits color to be used. Otherwise, the non-color brand may be used in the marketing piece. The size and location in the marketing pieces of the City brand shall be as agreed to by the parties. 6. The County shall provide staff members of the City guidance when determining reasonable accommodations for any participant in a recreation program sponsored in part or in whole by the City. 7. The County shall provide to the City, on or before September 1 of each calendar year this MOU is in place, a report of participation for the previous fiscal year (July 1 to June 30). The report shall include at least all of the information in Attachment A. 8. The County shall provide to the City, on or before September 1 of each calendar year this MOU is in place, an invoice for services rendered, and a cost of Services projection for the upcoming fiscal year. D. DUTIES OF THE CITY: 1. The City shall make an annual financial reimbursement of $15,000 to the County for Services provided by the County to City residents only. Such payment shall be made on or before October 1 of each year this MOU is in place. 2. The City shall appoint one staff person to be the point of contact for all communications, negotiations, scheduling, etc. 3. The City shall provide adequate access to program space in facilities and parks owned and operated by the City for the provision of the Services. Use of these facilities by the County for the Services will be coordinated through City staff and will be coordinated with City program schedules. 4. The City shall work with the County to attempt to secure reasonable access to the facilities owned and operated by organizations with which the City has joint use agreements. Use of these facilities by the County for the services will be subject to the limitations of any joint use agreement, as well as other limitations imposed by the owners of such facilities. 6. The City shall provide advertising space the City’s program brochure, for promoting the Services. The size and location of the advertisement shall be as agreed to by both parties. The City shall put the County brand, as provided electronically, on marketing pieces whenever the Services are promoted. The color brand shall be used whenever the marketing pieces permit color to be used. Otherwise, the non-color brand may be used in the marketing pieces. The size and location of the County brand in the marketing pieces shall be agreed to by the parties. 7. City residents participating in the Services under this Agreement, and eligible for financial assistance pursuant to the City’s financial assistance criteria, shall be funded by the City. E. INSURANCE: 1.Requirement of Insurance. County shall, at its sole expense, obtain and maintain during the life of this Memorandum of Understanding the insurance policies and bonds required by this section. Any required insurance policies and bonds shall be effective prior to the beginning of any work or other performance by County under this Memorandum of Understanding. The following polices and coverages are required: (1)Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the County’s performance under this Memorandum of Understanding. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for any one occurrence. (2)Workers’ Compensation. Workers’ compensation insurance covering County’s statutory obligation under the laws of the Commonwealth of Virginia and employer’s liability insurance shall be maintained for all its employees engaged in work under this Memorandum of Understanding. Minimum limits of liability for employer’s liability shall be one hundred thousand dollars and no cents ($100,000.00) bodily injury by accident each occurrence; five hundred thousand dollars and no cents ($500,000.00) bodily injury by disease (policy limit); and one hundred thousand dollars and no cents ($100,000.00) bodily injury by disease (each employee). (3)Automobile Liability. The minimum limit of liability for automobile liability insurance shall be $1,000,000.00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Memorandum of Understanding. 2.Umbrella Coverage. The insurance coverages and amounts set forth in subsections (1), (2), and (3) of this section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1), (2), and (3), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by County to this City. 3.Evidence of Insurance. All insurance shall meet the following requirements: (1) Prior to execution of this Memorandum of Understanding, County shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. Such certificates shall be attached to this Memorandum of Understanding at the time of execution of this Memorandum of Understanding and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Memorandum of Understanding. (2) The required certificate or certificates of insurance shall include substantially the following statement: “The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Salem.” (3)The required certificate or certificates of insurance shall name the City of Salem, its officers, employees, agents, volunteers and representatives as additional insureds to the extent permitted by law. (4)Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Memorandum of Understanding shall be authorized to do business in the Commonwealth of Virginia. 4.Ranges and Limits. At the end of five (5) years, the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is not longer being issued. F.ADDITIONAL PROVISIONS: 1. This Memorandum of Understanding represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum of Understanding shall not be amended or modified except by written instrument signed by both parties. 2. The initial term of this Memorandum of Understanding shall be from July 1, 2012, until June 30, 2013. This Memorandum of Understanding shall be renewed for up to four (4) additional one-year terms thereafter, unless the Memorandum of Understanding is sooner terminated. During or after the initial term, either party may terminate this Memorandum of Understanding for cause or no cause with one year’s notice, in writing, due no later than June 30 of any term this Memorandum of Understanding is in force and effect. 3. All funds for payments required of the City under this Memorandum of Understanding are subject to the availability of an annual appropriation for this purpose by the City Council of the City of Salem. In the event of nonappropriation of funds by the City Council of the City of Salem for the Services provided under this Memorandum of Understanding, this Memorandum of Understanding, without termination charge or other liability of the City, shall be considered terminated on the last day of the then current fiscal year or when the appropriation made for the then current year for the Services covered by this Memorandum of Understanding is spent, whichever event occurs first. If funds are not appropriated at any time for the continuance of this Memorandum of Understanding, cancellation will be accepted by the County on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City of Salem shall not be obligated under this Memorandum of Understanding beyond the date of termination. 4. The provisions of this Memorandum of Understanding are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Memorandum of Understanding be deemed to have conferred any rights express or implied, upon any third person unless otherwise expressly provided for herein. IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first above written: ATTEST:CITY OF SALEM _________________________________________ By: _____________________________________ City Clerk City Manager ATTEST:COUNTY OF ROANOKE By: _____________________________________ By: _____________________________________ Clerk to Board Clayton B. Goodman, III County Administrator Approved as to Form: Approved as to Execution: _________________________________________ _________________________________________ City Attorney County Attorney _________________________________________ _______________________________________ Director of Finance Assistant City Attorney § 58.1-3379. (Applicable to tax years beginning on or after January 1, 2012) Hearing complaints and equalizing assessments. A. The board shall hear and give consideration to such complaints and shall adjust and equalize such assessments and shall, moreover, be charged with the especial duty of increasing as well as decreasing assessments, whether specific complaint be laid or not, if in its judgment, the same be necessary to equalize and accomplish the end that the burden of taxation shall rest equally upon all citizens of such county or city. B. In all cases brought before the board, there shall be a presumption that the valuation determined by the assessor is correct. The burden of proof on appeal to the board shall be on the taxpayer to rebut the presumption and show by a preponderance of the evidence that the property in question is valued at more than its fair market value or that the assessment is not uniform in its application and that it was not arrived at in accordance with generally accepted appraisal practices, procedures, rules, and standards as prescribed by nationally recognized professional appraisal organizations such as the International Association of Assessing Officers (IAAO) and applicable Virginia law relating to valuation of property. Mistakes of fact, including computation, that affect the assessment shall be deemed not to be in accordance with generally accepted appraisal practice. However, in any appeal of the assessment of residential property filed by a taxpayer as an owner of real property containing less than four residential units, the assessing officer shall give the required written notice to the taxpayer, or his duly authorized representative, under subsection E of § 58.1-3331, and, upon written request, shall provide the taxpayer or his duly authorized representative copies of the assessment records set out in subsections A, B, and C of § 58.1-3331 pertaining to the assessing officer's determination of fair market value of the property under appeal. The assessing officer shall provide such records within 15 days of a written request by the taxpayer or his duly authorized representative. If the assessing officer fails to do so, the assessing officer shall present the following into evidence prior to the presentation of evidence by the taxpayer at the hearing: (i) copies of the assessment records maintained by the assessing officer under § 58.1-3331, (ii) testimony that explains the methodologies employed by the assessing officer to determine the assessed value of the property, and (iii) testimony that states that the assessed value was arrived at in accordance with generally accepted appraisal practices, procedures, rules, and standards as prescribed by nationally recognized professional appraisal organizations such as the International Association of Assessing Officers (IAAO) and applicable Virginia law regarding the valuation of property. Upon the conclusion of the presentation of the evidence of the assessing officer, the taxpayer shall have the burden of proof by a preponderance of the evidence to rebut such evidence presented by the assessing officer as otherwise provided in this section. C. In any case before the board concerning a taxpayer's complaint in which the commissioner of the revenue or other local assessing officer requests the board to increase the assessment after the taxpayer files an appeal to the board on a commercial, multifamily residential, or industrial property, the commissioner or other officer shall provide the taxpayer notice of the request not less than 14 days prior to the hearing of the board. Except as provided herein, if the taxpayer contests the requested increase, the assessor shall either withdraw the request or shall provide the board an appraisal performed by an independent contractor who is licensed and certified by the Virginia Real Estate Appraiser Board to serve as a general real estate appraiser, which appraisal affirms that such increase in value represents the property's fair market value as of the date of the assessment in dispute. The provisions of this subsection that require that the assessor provide the board with an appraisal shall not apply if (i) the requested increase is based on mistakes of fact, including computation errors, or (ii) the information on which the commissioner or other officer bases the requested increase was available to, but not provided by, the taxpayer in response to a request for information made by the commissioner or other officer at the time the challenged assessment was made. D. The commissioner of the revenue or other local assessing officer of such county or city shall, when requested, attend the meetings of the board, without additional compensation, and shall call the attention of the board to such inequalities in real estate assessments in his county or city as may be known to him. E. Every board of equalization may go upon and inspect any real estate subject to adjustment or equalization by it. (Code 1950, § 58-904; 1984, c. 675; 2003, c. 1036; 2010, c. 552; 2011, cc. 184,232.)  Q  AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. 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. Page 1 of 1 STAFF REPORT Petitioner: Blue Ridge Bread, LLC.(Panera) Request: To obtain a Special Use Permit in a C-2, General Commercial, District for the purpose of operating a drive-in or fast food restaurant on 1.02acre Location:4202 ElectricRoad Magisterial Cave Spring District: Suggested 1.Thesite shall be developed in substantial conformity withthe Conditions: Preliminary Site Layoutplanentitled “Blue Ridge Bread, LLC. (Panera)4202 ElectricRoad” dated March 27, 2012revised April 24, 2012and May 5, 2012and prepared by Altizer, Hodges & Varney, Inc. EXECUTIVE SUMMARY: This is a request by the petitioner to obtain a Special Use Permit to operate a drive-in and fast food restaurant on the outparcel at the corner of Electricand Ogden Roads. The1.02acre site is currently zoned C-2, General Commercial district. The property is designated as Core on the Future Land Use map. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a “Restaurant, drive-in or fast food” as an establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served at a counter, a drive-up or drive through service facility or offers curb service. Typical uses include drive-inrestaurants or coffee shops. These restaurants are allowed in C-2 zoned districts with a Special Use Permit. The use and design standards for this use require all drive-through windows to comply with the following drive-through facilities standards: Stacking spaces and lanes for drive-through stations shall not impede on and off site traffic movements, shall not cross or pass through off street parking areas, and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building. Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked or otherwise distinctly delineated. All drive-through facilities shall be provided with a bypass lane with a minimum width of ten (10) feet. Each stacking space shall be a minimum of ten (10) feet by twenty (20) feet. Drive-In or Fast Food Restaurant: Six (6) stacking spaces per drive-through window measured from the order board or station. Roanoke County site development and building permit reviewswill be required. 1 2. ANALYSIS OF EXISTING CONDITIONS Background – This parcel was previously the site of the Mac and Maggie’s restaurant. In 2006the building was purchased and renovated by Blue Ridge Bread, Inc., which then became andis currently the site of the Panera Bread restaurant.The owners are now requesting to add a drive throughwindow with a bypasslaneto respond to the requests of as well as to better serve their customers. Topography/Vegetation–This parcel is a flat asphalt lot with existing curb and guttering, parking andsomelandscaping.There are a severalmature treesand shrubsin the grassy mediansbetween the parking areas and the adjoining right of way and properties. The applicant intends to remove two treesto allow for the construction of the required bypass lane, but plans to install additional island planting areaswhich will include four new trees and eight new shrubs. Surrounding Neighborhood–This parcel is surrounded completely by commercially zoned property on the north and east and by public roads, Electricand Ogden on the southand west respectively.Thisparcel is located onthe southwest corner of the Tanglewood Mall propertywhich houses several businesses including restaurants, retail stores, personal service businesses, a bank, a movie theater, a minor automobile repair service and a grocery store (Kroger). Across ElectricRoad are more retail salesand personal service businesses,restaurants, a bank and several general and medical office businesses. Across Ogden Road arethe .Com Properties, LLC (Huntington Center), Suntrust Bank and additional retail sales businesses. 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture – This parcel is currently the location of the Panera Bread restaurant.The petitioner plans to add a drive aisle, canopyand by-pass lane to the northernside(rear)of the buildingand a drive through window and continuation of the drive aisle and by-pass lane on the western side of the building as shown on the preliminary site layout plan.These additionswill include new and redesigned islands, pavementmarkings and landscaping. The drive throughaddition will match the materials of the rest of the building. There is a canopy at the menu board/order area with the typical drive through signage. The detail of this proposed area is attached. There are more parking spaces on the site than are required in the zoning ordinance for the drive-in/fast food restaurant use. The number of spaces will be reduced due to the addition of the drive through, however the proposed remaining parking spaces will still exceed the required parking space numbers. The proposed number of handicapped parking spaces meets the required number and the proposed drive through lane allows for the location of additional stacking spaces. There are several newsigns proposed including a new freestanding sign, new attached drive throughsigns and several external and internal directional signs which are detailed onthe attached information. Access/Traffic Circulation–The existing entrances will be utilized and no new entrances are proposed. Accessto the site will be viatheexisting right in/right out entranceon 2 Electric Road and theexisting entrance/exitonOgden Road. Internal circulation is planned to be directed by additional islands, pavement markings and signage as shown on the preliminary site layout. Theexisting pavement markings on the asphalt directing traffic on the sitewill be removed. The new drive through and bypass lanes include additional islands, signage and pavement marking such as the“Do Not Enter” striping. These new markings and signage are as shown on the preliminary site layout. The new order board(s) and canopyare located in the new island to the north (rear) of the building and the new 100 square foot pick up window will be added to the west (Ogden Road) side of the building. Other Department Comments The Roanoke County Building SafetyandEconomic Development Departments, County Schools, and the County Floodplain Manager had no comments. Roanoke County General Services stated there would be no impact on solid waste activities.The Roanoke County Fire Marshall’s Office had no objections to the proposed changes as they stated the changes to the site should not affect the access of emergency apparatus to the site for emergency events. The Western Virginia Water Authorityhad no comments. The Virginia Department of Transportationstated that this request may result in an increasein the potential traffic generated from the site. The City of Roanoke Planning Department had no comments. 4.CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is in conformance with the Core area Future Land Use Map from the current Comprehensive Plan. The Core designation encourages high intensity urban development, highway-oriented uses. Commercial zoning currently exists, the location is served by an arterial street, and it also is currently served by urban services. The surrounding zoning also supports implementation of the Future Land Use map. 5.STAFF CONCLUSIONS This is a request by the petitioner to obtain a Special Use Permit to operate a drive-in and fast food restaurant on theoutparcel at the corner of Electricand Ogden Roads. The 1.02acre site is currently zoned C-2, General Commercial district. The property is designated as Core on the currentFuture Land Use Map. The Core designation encourages dense commercial use along major highways. The proposed use of a drive- in or fast food restaurant with a drive through aisle is consistent with uses in the designation. The proposed application generally conforms tothe Zoning Ordinance, although final approval is pending site developmentand/or building permitreview. 3 CASE NUMBER: 6-6/2012 PREPARED BY:Tammi L. Wood HEARING DATES: PC: 6/5/12 BOS: 6/26/12 ATTACHMENTS: Application Aerial Map Land Use Zoning Map C-2, General Commercial District Standards Drive-in or Fast Food Restaurant Use & Design Standards 4 Í·¬» Ô¿²¼ Ë­» Ò»·¹¸¾±®¸±±¼ ݱ²­»®ª¿¬·±² Ü»ª»´±°³»²¬ Í«¾«®¾¿² Ê·´´¿¹» ÿø ìïç Ê·´´¿¹» Ý»²¬»® Ϋ®¿´ Ê·´´¿¹» Ϋ®¿´ Ю»­»®ª» ݱ²­»®ª¿¬·±² Ì®¿²­·¬·±² ݱ®» Û½±²±³·½ Ñ°°±®¬«²·¬§ Ю·½·°¿´ ײ¼«­¬®·¿´ ˲·ª»®­·¬§ q ß°°´·½¿²¬­ Ò¿³»æ Þ´«» η¼¹» Þ®»¿¼ô ײ½ò Û¨·­¬·²¹ Ʊ²·²¹æ Ýî α¿²±µ» ݱ«²¬§ Ю±°±­»¼ Ʊ²·²¹æ ÝîÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðééòîðóðíóðîòððóðððð ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·­¬»®·¿´ Ü·­¬®·½¬æ Ý¿ª» Í°®·²¹ ß®»¿æ ïòðî ß½®»­ ͽ¿´»æ ïþ ã îððù íð Ó¿®½¸ô îðïî Í·¬» ÿø ìïç q ß°°´·½¿²¬­ Ò¿³»æ Þ´«» η¼¹» Þ®»¿¼ô ײ½ò Û¨·­¬·²¹ Ʊ²·²¹æ Ýî α¿²±µ» ݱ«²¬§ Ю±°±­»¼ Ʊ²·²¹æ ÝîÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðééòîðóðíóðîòððóðððð ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·­¬»®·¿´ Ü·­¬®·½¬æ Ý¿ª» Í°®·²¹ ß®»¿æ ïòðî ß½®»­ ͽ¿´»æ ïþ ã îððù íð Ó¿®½¸ô îðïî Í·¬» Ʊ²·²¹ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Ýî ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ ÿø ìïç Îï Îî Îí Îì ÎÞ ÙÞ ÝÞ Óï Óî q ß°°´·½¿²¬­ Ò¿³»æ Þ´«» η¼¹» Þ®»¿¼ô ײ½ò Û¨·­¬·²¹ Ʊ²·²¹æ Ýî α¿²±µ» ݱ«²¬§ Ю±°±­»¼ Ʊ²·²¹æ ÝîÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðééòîðóðíóðîòððóðððð ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·­¬»®·¿´ Ü·­¬®·½¬æ Ý¿ª» Í°®·²¹ ß®»¿æ ïòðî ß½®»­ ͽ¿´»æ ïþ ã îððù íð Ó¿®½¸ô îðïî SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT. Sec. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development regulations are designed to ensure compatibility with adjoining land uses. Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions * General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services * Antique Shops Automobile Dealership, New * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Fuel Center* Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only 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. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 2. Commercial Uses Automobile Dealership, Used * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Restaurant, Drive-in and Fast Food * Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4- 22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B)Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D)Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) Design Standards Sec. 30-85-24. Restaurant, Drive-In or Fast Food. (A) General standards: 1.All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-10. 2.A special use permit shall not be required for any fast food restaurant that is located within a shopping center (excluding outparcels) and which does not propose drive-in or curb service. (B) In the EP District: 1. A special use permit shall be required for any drive through facilities. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 26, 2012 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PURPOSE OF OPERATING A DRIVE-IN OR FAST FOOD RESTAURANT ON A 1.02 ACRE PARCEL LOCATED AT 4202 ELECTRIC ROAD (TAX MAP NO. 77.20-03-02) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF BLUE RIDGE BREAD, INC. (PANERA) WHEREAS, Blue Ridge Bread, Inc. has filed a petition for a special use permit to operate a drive-in or fast food restaurant on a 1.02 acre parcel located at 4204 Electric Road (Tax Map No. 77.20-03-02) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 5, 2012; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 22, 2012; the second reading and public hearing on this matter was held on June 26, 2012. 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 Blue Ridge Bread, Inc. to operate a drive-in or fast food restaurant on a 1.02 acre located at 4204 Electric Road in the Cave Spring Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions:  Page 1 of 2  a) The site shall be developed in substantial conformity with the Preliminary Site Layout plan entitled “Blue Ridge Bread, Inc. (Panera) 4202 Electric Road” dated March 27, 2012, revised April 24, 2012, and May 5, 2012, and prepared by Altizer, Hodges & Varney, Inc. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance.  Page 2 of 2