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HomeMy WebLinkAbout2/14/2017 - Regular Roanoke County Board of Supervisors February 14, 2017 INVOCATION: Pastor Jason Hay Lynn Haven Baptist Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: tart of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of Page 1 of 4 Roanoke County Board of Supervisors Agenda February 14, 2017 Good afternoon and welcome to our meeting for February 14, 2017. 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 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 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS E. NEW BUSINESS F. FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating Federal Lands Access Program Funds in the amount of $1,733,750 from the Eastern Federal Lands Highway Division of the U. S. Department of Transportation Federal Highway Administration for extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park (Doug Blount, Director of Parks, Recreation and Tourism) Page 2 of 4 2. Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) to lease 90 square feet in the Roanoke County Public Safety Building located at 5925 Cove Road in Roanoke, Virginia (Rob Light, Director of General Services) 3. Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) for 500 square feet of ground space on the parcel for the South County Library, located at 6303 Merriman Road in Roanoke, Virginia (Rob Light, Director of General Services) G. SECOND READING OF ORDINANCES 1. Ordinance authorizing the granting of permanent drainage and traffic easements and temporary construction drainage easements on property owned by the County of Roanoke at 305 East Main Street, Salem, Virginia to the Commonwealth of Virginia for a road improvement project on U.S. Route 11/460, East Main Street in Salem, Virginia (Rob Light, Director of General Services) H. APPOINTMENTS 1. Board of Zoning Appeals (BZA) (appointed by District) 2. Budget and Fiscal Affairs (BFAC) (appointed by District and At-Large) 3. Clean Valley Council (At-Large) 4. Economic Development Authority (EDA) (appointed by District) 5. Library Board (appointed by District) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes December 20, 2016 2. Resolution requesting acceptance of Berkeley Place Drive and Campbell View Lane into the Virginia Department of Transportation (VDOT) Secondary Road System 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Russell Bruce Lowe, Senior Appraiser, upon his retirement after twenty-seven (27) years of service 4. Confirmation of appointments to the Audit Committee (At-Large) Page 3 of 4 5. Request to accept and allocate grant funds in the amount of $2,633.10 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program J. CITIZENS' COMMENTS AND COMMUNICATIONS K. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report L. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Martha B. Hooker 2. P. Jason Peters 3. George G. Assaid 4. Al Bedrosian 5. Joseph P. McNamara M. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1 Personnel, namely discussion concerning appointments to the Roanoke Valley Resource Authority and the Virginia Western Community College Board of Directors N. CERTIFICATION RESOLUTION O. ADJOURNMENT Page 4 of 4 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: February 14, 2017 AGENDA ITEM: Ordinance accepting and appropriating Federal Lands Access Program Funds in the amount of $1,733,750 from the Eastern Federal Lands Highway Division of the U. S. Department of Transportation Federal Highway Administration for extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Thomas C. Gates County Administrator ISSUE: Ordinance to accept and appropriate Federal Lands Access Program funds from the Eastern Federal Lands Highway Division of the U.S. Department of Transportation Federal Highway Administration in the amount of $1,733,750 for extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park. BACKGROUND: The Eastern Federal Lands Highway Division (EFLHD) of the U.S. Department of Transportation Federal Highway Administration has awarded Roanoke County funding in the amount of $1,733,750 (inclusive of local matching funds) from the Federal Lands Access Program (FLAP). These funds will permit the extension of the Roanoke River Greenway from the Blue Ridge Parkway to Explore Park. FLAP funding will specifically be used to design, engineer, and construct 1.7 miles of the Roanoke River Greenway from Highland Road, through the Roanoke Valley Resource Authority (RVRA) property, and underneath the Roanoke River Parkway to Explore Park. The FLAP project will be be 2.7 miles in length from Roanoke City to the Blue Ridge Parkway that is currently in the final engineering stages. Page 1 of 3 The Federal Lands Access Program (FLAP) was created by the Moving Ahead for st Progress in the 21 Century Act (MAP-21) to improve state and local transportation facilities that provide access to and through federal lands. The project has been endorsed by the National Park Service who will serve as the Federal Land Management Agency partnering with Roanoke County, the Virginia Department of Transportation (VDOT), and the EFLHD for implementation of the grant. The East Roanoke River Greenway Extension (ERRG-EXT) will traverse properties owned by the National Parkway Service and the Roanoke Valley Resource Authority (RVRA). The greenway extension will provide bicycle and pedestrian connectivity to federal property by connecting to two overlooks located along the Roanoke River Parkway, a vehicular spur road linking the Blue Ridge Parkway and Explore Park. The East Roanoke River Greenway project will support economic development and tourism by filling a critical link in the regional greenway network connecting Explore Park to the Blue Ridge Parkway, Downtown Roanoke, and the greater Roanoke Valley. The Roanoke River Greenway is envisioned as the backbone of the Roanoke Valley greenway system and has been designated as the top greenway priority by the Roanoke Valley Greenway Commission in its 2007 Update to the Roanoke Valley Conceptual Greenway Plan, endorsed by the Roanoke County Board of Supervisors. Once complete, the Roanoke River Greenway will be a regional thirty-one (31)-mile bicycle/pedestrian trail through the Roanoke Valley, linking Roanoke County, the Cities of Roanoke and Salem and the Town of Vinton. The greenway system has been strongly supported by citizens, businesses, civic organizations, politicians and local governments. The Roanoke County 2016 Community Strategic Plan identifies greenways as a high priority strategic initiative for supporting a multi-modal transportation network and keeping Roanoke County healthy, clean, and beautiful. Greenways were also strongly supported by citizens during the development of the Comprehensive Parks Master Plan, completed in 2007. The residents of Roanoke desired in our community. FISCAL IMPACT: The Federal share of the funding is eighty percent (80%) or $1,387,000. A local match of twenty percent (20%) or $346,750 is required from the sponsoring locality. The local match can be in the form of local cash, private contributions, donation of goods and services, and land value. It is anticipated that a portion of the local match will be fulfilled from the land value of the greenway and parking lot easement donated to Roanoke County by the Roanoke Valley Resource Authority which is anticipated to be $42,000. The Pathfinders for Greenways have also pledged to support the project by providing funding in the amount of $20,000 to supplement the local match requirement. The remaining balance of $284,750 is recommended to come from current County Capital Reserves. Page 2 of 3 As part of the fiscal year 2018 Capital Year Budget proposal, the County Administrator recommended funding for this project in anticipation of FLAP funding support being received in the upcoming fiscal year. Given the County has now received a notice of award, staff desires to immediately move to accept these funds and to appropriate the required local match in the current fiscal year. If this ordinance is approved, the recommended fiscal year 2018 Capital Budget will be amended to remove funding (reduction of Capital Reserve Funding) for this project and instead note full project funding in fiscal year 2017. appropriation must be established through Board action for expenditures to be processed against a grant. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept and appropriate the Federal Lands Access Program funding award in the amount of $1,733,750 from the Eastern Federal Lands Highway Division, including the local match amount of $346,750, which will be provided by the Roanoke Valley Resource Authority, Pathfinders for Greenways, and Capital Reserve Funds. Second reading is recommended for February 28, 2017. Page 3 of 3 DRAFT 01/19/17 FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT Project / Facility Name: VA FLAP RRG TRL(1) Project Route: Roanoke River Greenway (RRG) State: Virginia County(ies): Roanoke County Owner of Federal Lands to which the Project Provides Access: National Park Service (NPS), Blue Ridge Parkway Entity with Title or Maintenance Responsibility for Facility: Roanoke County, VA Type of Work: Preliminary Engineering:Prepare environmental documents, finalize PS&E package, and acquire necessary permits. Right-of-way:Roanoke Valley Resource Authority (RVRA) has agreed to easement for trail and parking area. Construction:Construct a 1.7 mile extension of Roanoke River Greenway (RRG) from the Blue Ridge Parkway at the corner of Highland Rd and Rutrough Rd to the Explore Park River Trail. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does itcommit the parties to complete the project. Rather, this Agreement sets forth the respective responsibilities as the project proceeds through the project development process. Parties to this Agreement: FHWA-Eastern Federal Lands Highway Division (EFLHD), Virginia Department of Transportation (VDOT), and Roanoke County (ROCO), VA The Program Decision Committee (PDC) approved this project on 7/22/2016. AGREED: Commissioner of Highways, VDOT Date County Administrator Roanoke County, VA Date Chief of Business Operations,EFLHD Date Page 1of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 A.PURPOSE OF THIS AGREEMENT This Agreement documents the intent of the parties and sets forth the anticipated responsibilities of each party in the development, construction, and future maintenance of the subject project. The purpose of the Agreement is to identify and assign responsibilities for the environmental analysis, design, right-of-way, utilities, acquisition and construction as appropriate for this programmed project, and to ensure maintenance of the facility for public use if improvements are made. The parties understand that any final decision as to design or construction will not be made until after the environmental analysis required under the National Environmental Policy Act (NEPA) is completed (this does not prevent the parties from assigning proposed design criteria to be studied in the NEPA process.) Any decision to proceed with the design and construction of the project will depend on the availability of appropriations at the time of obligation and other factors such as issues raised during the NEPA process, a natural disaster that changes the need for the project, a change in Congressional direction, or other relevant factors. If Federal Lands Access Program funds are used for the development or construction of this project, Roanoke County, VA agrees to provide a matching share equal to 18.50% of the total cost of the project, as detailed more fully in Section J below. FLAP project funds are not to exceed the approved amount of $1,387,000.00.Before the expenditure of any funds for which reimbursement will be sought from FHWA, the parties agree to execute a separate obligating document. No reimbursement will be made for expenditures made prior to having an obligating document in place. B.AUTHORITY This Agreement is entered into between the signatory parties pursuant to the provisions of 23 U.S.C.204, and Code of Virginia Sections §33.2-221.A, 33.2-1011 and 33.2-102. C.JURISDICTION AND MAINTENANCE COMMITMENT Roanoke County, VA has jurisdictional authority to operate andmaintain the existing facility and will operate and maintain the completed project at its expense. D.FEDERAL LAND MANAGEMENT AGENCY COORDINATION The Virginia Department of Transportation and Roanoke County, VA havecoordinated project development with the NPS Blue Ridge Parkway. The NPS Blue Ridge Parkway support of the project is documented per the signed support letters dated 4/9/2015. Each party to this agreement who has a primary role in NEPA, design, or construction shall coordinate their activities with the NPS Blue Ridge Parkway. E.PROJECT BACKGROUND/SCOPE This project will construct an extension of the Roanoke River Greenway (RRG) from the Blue Ridge Parkway to Explore Park, completing a 23-mile bicycle/pedestrian trail across the Roanoke Valley. RRG is a paved path, 10-foot wide, built to AASHTO and VDOT standards, including ADA requirements. Completion of the currently funded sections does not provide connection to the BLRI motor road because the trail would end at Page 2of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 Highland Road where it tunnels under the Parkway. The next phase, which is included in this project, would provide connection from Highland to the Roanoke River Parkway and thus to BLRI. One alternative is to utilize Roanoke Valley Resource Authority (RVRA) land, under easement to BLRI, and cross in an existing tunnel under Roanoke River Parkway with connections to the two overlooks. After passing through the tunnel, RRG would go across the capped landfill, be built on top of a service road, and continue down to the Roanoke River, intersecting the Explore Park River Trail at its terminus. F.PROJECT BUDGET ItemEstimate ($)Comments EFLHDPROJECT MANAGEMENT$27,000.00 PRELIMINARY ENGINEERING$95,500.00 RIGHT-OF-WAY$54,500.00 CONSTRUCTION ENGINEERING$100,000.00 CONSTRUCTION$ 1,456,750.00 TOTAL PROJECT COST$1,733,750.00 The EFLHDproject management funds (estimated at $27,000.00) will require a tapered match using local matching funds. The matching ratio is 18.50%. Project cost based on the current bid amount, the total available FLAP budget may not be sufficient to award the project as defined in the application. As necessary, Roanoke County, VA will provide additional local funding to address any funding shortfall. G.ROLES AND RESPONSIBILITIES Responsible Product/Service/RoleComments Party EFLHD Review documentation showing the project is on an approved program of projects and a TIP or STIP Approve identified design standards/geometrics and the project scope, schedule, and budget If applicable, review and/or concur with identified lead federal agency and draft environmental documents Review and adopt NEPA document Review/approve design exceptions, ROW certifications, utility agreements and, where applicable, railroad agreements Review and approve 95% PS&E package Review and/or approve contract package, award package, and all contract modifications Attend final project inspection. Can be done electronically with photos Provide assistance in contract disputes and claims if requested by the partner Page 3of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 Responsible Product/Service/RoleComments Party VDOT Responsible for stewardship and oversight of construction letting,bid review, contract award, and project delivery following standard federal-aid procedures as outlined in 23 CFR Schedule and invite EFLHD and appropriate parties to public meetings Submit quarterly reimbursement requests to EFLHD for expenses incurred inorder to maintain financial activity Provide quarterly progress and financial reports to EFLHD Schedule and hold pre-construction meetings and construction inspections Notify EFLHD of any contract disputes or claims Provide stewardship and oversight and documentation of the following: Evidence that project is on an approved program of o projects and a TIP or STIP Design Standards/Geometrics to be used o Identified design exception approval agency o Identified lead federal agency o Anticipated NEPA action o Copy of draft NEPA documents o Copy of final NEPA action o Evidence of permits o Review of Public Notices o 95% and final PS&E packages o Design exceptions o ROW certifications o Utility/Railroad Agreements o Approval of proprietary products o Contract award documents for review/concurrence o Copy of award package o Proposed contract modifications for concurrence o Documentation of project close-out o Copy of As-builts o Copy of final voucher o Page 4of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 Responsible Product/Service/RoleComments Party Roanoke Responsible for construction letting, bid review, contract County, VA award, and project delivery following standard federal-aid procedures as outlined in 23 CFR Provide construction administration including stewardship and oversight for federal funded projects Submit quarterly reimbursement requests for expenses incurred in order to maintain financial activity. Provide quarterly progress and financial reports Schedule and invite EFLHD and appropriate parties to public meetings Schedule and hold pre-construction meetings and construction inspections Provide data on traffic, accidents, materialsources, etc Notify EFLHD of any contract disputes or claims Final acceptance of project and project closeout Assume responsibility of the NPDES permit after project completion Provide long term maintenance and operation of the facility Provide the following documents and information: Evidence that project is on an approved program of o projects and a TIP or STIP Design Standards/Geometrics to be used o Identified design exception approval agency o Identified lead federal agency o Anticipated NEPA action o Copy of draft NEPA documents o Copy of final NEPA action o Evidence of permits o Review of Public Notices o 95% and final PS&E packages o Design exceptions o ROW certifications o Utility/Railroad Agreements o Approval of proprietary products o Contract award documents for review/concurrence o Copy of award package o Proposed contract modifications for concurrence o Documentation of project close-out o Copy of As-builts o Copy of final voucher o Page 5of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 H.ROLES AND RESPONSIBILITIES SCHEDULE ResponsibleProduct/Service/RoleSchedule LeadStart-Finish ROCONEPA Document 12/12/16 04/08/18 ROCOFinal Design12/12/16 04/08/18 ROCORight of Way 04/09/18 04/02/19 ROCOAdvertisement04/02/1904/23/19 ROCOConstruction Engineering04/24/19 12/16/20 ROCOConstruction 06/20/19 08/12/20 ROCOContract Closeout08/13/20 12/16/20 I.PROPOSED DESIGN STANDARDS Final design standards will be determined through the NEPA process. CriteriaComments StandardAASHTO Functional ClassificationN/A Surface TypeAASHTO Design VolumeAASHTO J.FUNDING Fund SourceAmountComments Federal Lands Access Program $1,387,000.00 Funding RoanokeCounty, VA Local $346,750.00 Cash Match TOTAL $1,733,750.00 The matching fund share will be documented with a PR-2 to be submitted by the VDOT following submittal of required stewardship documents. K.MATCHING SHARE REQUIREMENTS Matching or cost sharing requirements may be satisfied following the obligation of funds to the project by: allowable costs incurred by the State or local government, cash donations, the fair and reasonable value of third party in-kind contributions (but only to the extent that the value of the costs would be allowable if paid for by the party responsible for meeting the matching share), including materials or services; however no costs or value of third party contributions may count towards satisfying the matching share requirements under this agreement if they have or will be counted towards meeting the matching share requirements under another federal award. Costs and third party contributions counting toward satisfying a cost sharing or matching requirement must be verifiable from the records of the party responsible for meeting the matching requirements. The records must demonstrate how the value of third party in Page 6of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 kind contributions was derived. Voluntary services sought to be applied to the matching share will be supported by the same methods that the party to this agreement uses to support allocability of personnel costs. Any donated services provided by a third party will be valued at rates consistent with those ordinarily paid by employers for similar work in the same labor market. Supplies furnished will be valued at their market value at the time of donation. Donated equipment or space will be valued at fair rental rate of the equipment or space. All records associated with valuations or costs under section K shall be accessible and be maintained for three years following project close-out. L.PROJECT TEAM MEMBERS - POINTS OF CONTACT The following table provides the points of contact for this project. They are to be the first persons to deal with any issues or questions that arise over the implementation of each NameTitleAgency ElementPhone & Email Jacinda EFLHDAccess Project 571-434-1543 EFLHD RussellProgram ManagerManagementJacinda.Russell@dot.gov Program 571-434-1558 Charlie Planning EFLHDCoordinationCharlie.Costello@dot.gov Costello Specialist Director of Parks, Roanoke Coordination540-777-6321 Doug BlountRecreation and Countydblount@roanokecountyva.gov Tourism Lon Planning and Roanoke Project 540-777-6324 WilliamsDevelopment CountyManagerlwilliams@roanokecountyva.gov Manager Cheryl Locally VDOTDistrict 540-387-5399 BeckerAdministered Project cheryl.becker@vdot.virginia.gov Projects Coordination Coordinator Jay GuyProgram ManagerVDOTDistrict 540-387-5247 Project james.guy@vdot.virginia.gov Coordination H.W. Federal Programs VDOTCoordination804-786-2264 ChenaultSupervisorH.Chenault@VDOT.virginia.gov Richard Assistant County Roanoke Coordination540-776-7190 CaywoodAdministratorCountyrcaywood@roanokecountyva.gov M.CHANGES/AMENDMENTS/ADDENDUMS The agreement may be modified, amended, or have addendums added by mutual agreement of all parties. The change, amendment, or addendum must be in writing and executed by all of the parties. The types of changes envisioned include, but are not limited to, changes that significantly impact scope, schedule, or budget; changes to the local match, either in type or responsibility; changes that alter the level of effort or responsibilities of a party. The Page 7of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 parties commit to consider suggested changes in good faith. Failure to reach agreement on changes may be cause for termination of this agreement. A change in the composition of the project team members does not require the agreement to be amended. It is the responsibility of the project team members to recognize when changes are needed and to make timely notification to their management in order to avoid project delivery delays. N.ISSUE RESOLUTION PROCEDURES MATRIX Issues should be resolved at the lowest level possible. The issue should be clearly defined in writing and understood by all parties. Escalating to the next level can be requested by any party. When an issue is resolved, the decision will be communicated to all levels below. Roanoke County, FHWAVDOTTime VA Project Manager LAP Coordinator Lon Williams 5 Working Days (Jacinda Russell)(Cheryl Becker) Planning and Program Manager Doug Blount 5 Working Days Programs Manager(Jay Guy) Chief of Business Federal Programs Doug Blount OperationsSupervisor 5 Working Days (H.W. Chenault) Division DirectorFederal Programs Richard Caywood, Supervisor Assistant County 5 Working Days (H.W. Chenault)Administrator O.TERMINATION This agreement may be terminated by mutual written consent of all parties. This agreement may also be terminated if either the NEPA process or funding availability requires a change and the parties are not able to agree to the change. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. If Federal Access funds have been expended prior to termination, the party responsible for the match agrees to provide a match in the applicable percentage of the total amount expended on the project prior to the termination. P.STEWARDSHIP & OVERSIGHT ACTIVITIES Based upon the risk assessment, complexity of the undertaking, and capabilities and past performance of the delivery partner, the EFLHD had determined this project to be low risk. The table below identifies necessary Stewardship and Oversight Activities. If items are not delivered timely or in such poor condition that it brings into question the ability to deliver, the issue will be elevated to all participants to the agreement using the issue resolution procedures matrix identified above. Page 8of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 Partner EFLHD Phase or ActivityComments RoleRole Planning & Programming Evidencethatproject is onanForfundsdisbursed by adivision,they ProvideReview approvedprogram ofprojectsmayknowthisalready Evidenceof beingona TIPorSTIPProvideReview EFLHD would be a signatory.Would Project agreement with scope, ProvideApprovebeinvolvedinthedrafting todefine schedule,&budget whatS&O deliverables itwill receive Environment FHWA must be a co-lead agency on an LeadFederal agency identifiedProvideConcur EIS Review/EFLHD should review to insure they can Copy of/review of Draft documentsProvide Concurbe adopted by EFLHD Copy of NEPA actionProvideFile copy(CE, EA, or EIS) Evidence of permitsProvideFile copy Adopt or develop Sign off on FHWA NEPA documentProvideEFLHD approval needed parallel Document Design Review/Are required contract provisions included Review 95% PS&EProvide ApproveCommon Rule or Fed-Aid? Review/If the partner is a State DOT, they would Review design exceptionsProvide Approvefollow their process Review/If ROW is acquired, it must follow Review ROW certificationsProvide ApproveUniform Federal Relocation Act Review/ Utility/Railroad AgreementsProvideEFLHD needs certification Approve EFLHD Partner Phase or ActivityComments RoleRole Acquisitions Review contract package for Would not need to do this if the partner Review/ required clauses (Civil Rights, Provideis another federal agency or State DOT Approve DavisBacon, Buy America/ following Fed Aid procedures. American, etc.) Review/Generally would only get involved if Concur in award of contractProvide Concuradditional funds required EFLHD should have a copy of the Receive copy of award packageProvideFile copypackage in its files in case inquiries are received Page 9of 10VA FLAP RRG TRL(1) DRAFT 01/19/17 Review/ Concur Review or approve contract Need to assure non-eligible work is not ProvideDepends modificationsbeing paid for with program funds upon nature of CM Construction FLH should attend the finalproject inspection for projects above $500,000.00 in FLAP funds regardless of risk level or Final Project InspectionsScheduleAttend elevated riskprojects. Final project inspection could be done electronically with photos. Generally only request these if project adjacent to or along a corridor EFLHD is Copy of As-builtsProvideFile copyworking on or if EFLHD does asset management. Used for updating system info Copy of final voucherProvideFile copy Provide Contract DisputeNeed to be aware if additional funds are Notifyassistance if (Claim)needed requested Page 10of 10VA FLAP RRG TRL(1) ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) to lease 90 square feet in the Roanoke County Public Safety Building located at 5925 Cove Road in Roanoke, Virginia SUBMITTED BY: Rob Light Director of General Services APPROVED BY: Thomas C. Gates County Administrator ISSUE: Approval of a lease agreement between Roanoke County and the Roanoke Valley Broadband Authority (RVBA) to provide 90 square feet of space within the Roanoke County Public Safety Building infrastructure equipment necessary for operation of a broadband network. BACKGROUND: Design of the Roanoke County's broadband infrastructure identified the County's Public Safety Building as a logistically beneficial location for placement of equipment necessary for operation of the broadband network. The Public Safety Buildiing is served by a redundant power source and has sufficient cooling capacity to accommodate the required equipment. DISCUSSION: The initial proposed lease term would be for fifteen years commencing on March 1, 2017. The lease would automatically renew for an additional five year period unless written notice is provided by either party at least ninety days prior to the end of the initial term. The County can terminate this lease at any time with six months notice. Page 1 of 2 FISCAL IMPACT: The RVBA will pay $1,680 annually as rent to the County which includes space rental and anticipated electric consumption charges. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling second reading of the ordinance for February 28, 2017 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, FEBRUARY 14, 2017 ORDINANCE APPROVING A LEASE FOR 90 SQUARE FEET OF SPACE IN THE ROANOKE COUNTY PUBLIC SAFETY BUILDING TO THE ROANOKE VALLEY BROADBAND AUTHORIT Y is an authority formed and existing in accordance with Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Wireless Services Authorities Act §§15.2-5431.1, et seq; and WHEREAS, Roanoke County is a member of the Authority and benefits from the services of the Authority; and WHEREAS, the Authority wishes to lease space in the Roanoke County Public Safety Building located at 5925 Cove Road, Roanoke, VA 24019 for placement of necessary equipment and infrastructure; and WHEREAS, such lease will not interfere with the operations of the County Public Safety Center; and WHEREAS, such lease is mutually beneficial to the parties and the consideration WHEREAS, this Ordinance authorizes the Authority to place its equipment in the designated leased space in accord with the terms of the Lease dated March 1, 2017; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests by ordinance; the first reading of this Page 1 of 2 Ordinance was held on February 14, 2017, and the second reading was held on February 28, 2017. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Lease Agreement between the County and the Authority dated March 1, 2017, is hereby approved; and 2. That the lease of the ninety square feet of space in the County Public Safety Building, located at 5925 Cove Road, Roanoke, Virginia, 24019 (Tax Map #036.16-01-11.01-0000), to the Authority from March 1, 2017 through March 31, 2032, is hereby approved; and 3. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 LEASE AGREEMENT (Roanoke County Public Safety Center, 5925 Cove Road 24019) THIS LEASE, made and entered into this ___ day of 2017, by and between the Board of Supervisors of Roanoke County, Virginia, ) and the Roanoke Valley Broadband Authority, an authority formed and existing in accordance with the provisions of Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, and the Virginia Wireless Services Authorities Act §§ 15.2-5431.1, et seq. W I T N E S S E T H : That for and in consideration of the mutual covenants and obligations hereinafter set forth, Landlord agrees to lease and Tenant agrees to rent a portion of the building on located at 5925 Cove Road, Roanoke, VA 24019 s attached hereto as Exhibit A and being approximately ninety (90) square feet, with non-exclusive access from Cove Road. 1. Lease Term. The initial term of this Lease shall be for a period of fifteen (15) years, commencing on March 1, 2017 and ending February 28, 2032. This Lease may be automatically renewed for one five (5) year period upon the same terms and conditions stated herein unless either party notifies the other party, in writing, not less than ninety days prior to the end of the initial term indicating their intention not to renew this Lease. The initial term and any extension made in accordance with the terms of this Lease are to be considered Notwithstanding the forgoing, the Landlord may, with prior written notice delivered to the Tenant at least six months in advance, terminate the Lease at any time. 2. Basic Rent. The goal of Landlord is cost-recovery, not profit, with regard to rent collected from Tenant. With that goal in mind, Tenant covenants and agrees to pay Landlord, as rent for each calendar year, the estimated sum of $1,680. Rent shall be payable without deduction, offset, notice or demand, in advance at the rate of st $140.00, on or before the first (1) day of each month during the initial or any renewal term of this Lease. Payments shall be made by check payable to Landlord or its assigns and delivered to Landlord. At the end of each calendar year during - account to ensure that the Landlord has recovered actual costs of providing electricity to Tenant under the terms of this Lease. 3.Premises. Landlord does lease unto Tenant, and Tenant does lease from Landlord, for the term hereinafter set forth, approximately ninety square feet of space on the premises located at 5925 Cove Road in Roanoke County, as depicted on the attached Exhibit A 1) any improvements that may be located thereon; 2) such rights of way and easement on, over, under, across, and through the adjoining lands of Landlord, extending from the Premises to the nearest convenient public road and of standard vehicular width as shall be necessary for 1 ingress and egress to and from the Premises; 3) such other rights of way and easements on, over, under, across, and through the adjoining property of Landlord as may be required by Tenant for the purpose of bringing electricity, telephone and any and all other utilities to the Premises; and 4) the right to park vehicles on or about the Premises, the lands immediately adjacent thereto during periods of construction, site inspection, and necessary maintenance and repair work. Tenant acknowledges that the Property is a secure, public safety facility, operated for the health, safety, and law enforcement purposes for benefit of residents of a secure public safety facility supersedes all other uses of the Property, including those uses as may be set forth in this Lease. Tenant shall have the right to use the Premises each day, subject to requirements public safety operations, for the installation, maintenance and operation of its telecommunications equipment. To the extent that Tenant deems it necessary to construct, erect, install, lay, use or attach to any poles, conduits, vaults, handholds or any other communications facilities, place aerial communications lines or place underground, and thereafter use, operate, inspect, maintain, repair, replace, and/or remove a telecommunications system, consisting of fiber optic lines, high speed broadband equipment, wires, cables, conduits, wireless communications equipment, shelters, generators, and other related on the ground, above ground, and subsurface fixtures, equipment, appurtenances and facilities, including any replacements, upgrades, and improvement of any such Lease and as depicted on the plat attached hereto as Exhibit B (t , the Landlord may grant a license for such purposes, upon written request from Tenant prior to the undertaking of such construction. Such permission and s operations and where such construction does not interfere with the Property for public safety functions. The license includes the right of access over the Property in order for the Tenant to access and/or use the Licensed Area, including, but not limited to, uses for temporary construction purposes and/or the Licensed Area. Tenant will clean up and restore property at conclusion of each installation or repair process. Tenant shall not obstruct or interfere with the rights of other tenants of Landlord, or injure or annoy them, or permit anything to be done which will in any way increase the rate of fire insurance or liability insurance on the Premises or contents, and in the event that, by reason of acts of Tenant, there is any increase in rate of such insurance on the Premises the business, then Tenant hereby agrees to pay such increase. It is further agreed that Tenant shall use the Premises solely for the purpose specified in this Agreement. Tenant, at its expense, shall procure any and all governmental licenses 2 Premises and shall at all times comply with the requirement of each such license and permit. Landlord is not required, and does not represent or warrant that it will obtain or endeavor to obtain for Tenant (or that Tenant will be able to obtain) any license or permit. 4. Information Technology Security The parties understand and acknowledge that each party is subject to the security requirements set forth by the National Institute of Standards and Technology (NIST) in NIST Special Publication 800-14. The parties further acknowledge that they have taken affirmative steps to ensure practices consistent with the terms and conditions set forth in NIST 800- equipment, and the electronically stored information thereon. 5. include, but are not limited to: A. The complete cost of telephone, telecommunication services, wireless or any type of internet service or another type of communication services the Tenant desires to utilize during the term of this Lease. B. Tenant improvements, equipment and fixtures installed on the Premises. C. Maintenance of the Premises. D. equipment and fixtures. E. Materials, tools and equipment, florescent and incandescent lamps, filters, c agents, employees, servants, contractors, patrons, customers, licensees, invitees and visitors. 6. A.Electric current. B.Heating and air conditioning. C.Maintenance of the Property. D.Building Security. 7. A.Tenant will, at Tenant's own cost and expense, maintain the Premises in sound condition and good repair, and shall repair or replace any damage or injury done 3 to the Premises, or any part thereof by Tenant or Tenant's agents, employees, invitees and visitors. If Tenant fails to make such repair or replacements promptly within fifteen days of occurrence to the satisfaction of Landlord, Landlord may, at its option, make such repairs or replacements, and Tenant shall reimburse Landlord for the out-of-pocket, direct and reasonable costs thereof on demand. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from Basic Rent. B. All trade fixtures and trade equipment installed by Tenant, if any, for its business purposes, whether or not attached to the Premises, will remain the property of Tenant and will be removable, at any time and from time to time during the term of this Lease or at the expiration of prior termination thereof. Furthermore, Landlord shall have no right or claim to any insurance proceeds payable on account of damage to or destruction of any of the property of Tenant. Any easements granted to Tenant under this Agreement shall continue during a reasonable period after the expiration or earlier termination of this Lease as is 7. Landlord Repairs. Landlord, at its expense, shall maintain the Property, in good working order and repair. 8. Quiet Possession. Landlord hereby covenants that Tenant, upon paying Basic Rent as herein provided, and performing all covenants and agreements herein contained, shall and may peacefully and quietly have, hold and enjoy the Premises. 9. Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the Property or with respect to the suitability of either for the conduct of Tenant's business or profession. By taking of possession of the Premises, Tenant conclusively acknowledges that the Premises and the Property are in satisfactory condition at such time. 10. Insurance. A. Landlord shall carry all-risk property damage and hazard-casualty insurance insuring against loss or damage to the Premises amounts and with companies as Landlord chooses at its sole discretion. B. Tenant shall, at its expense, maintain in effect a general liability policy, with minimum coverages not less than Two Million Dollars ($2,000,000.00). The coverage amounts shall be subject to periodic increases based on inflation, advisors, and other relevant factors. The amount in coverage of such insurance Lease. The liability policy shall be primary and non-contributing, contain cross- liability endorsements, and show Landlord as an additional insured. Tenant shall provide Landlord with verification that the policy or policies are in effect upon 4 request by Landlord. policy of insurance. 11. Compliance with Laws and Governmental Regulations. Tenant shall, in the use and occupancy of the Premises and the conduct of Tenant's business or profession therein, at all times comply with all applicable laws, ordinances, orders, notices, rules and regulations of the federal, state and municipal governments. 12. Easements, Restrictions and Rights-Of-Way. The Premises are leased subject to all easements, restrictions and rights-of-way legally affecting the Premises. Landlord represents that, to the best of its knowledge, as of date of execution of this Lease, the Permitted Uses are not prohibited by any easement, restriction, or right of way. 13. Brokers. Tenant represents that there was no broker instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. 14. Parking. Tenant shall also have the non-exclusive right, in common with other Tenants and Landlord, to use the areas surrounding the Premises designated as parking for the parking of automobiles of Tenant and its officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees, and visitors, without separate charge, on a non- permitted use of the Premises. Tenant shall have no designated parking spaces and shall observe restricted parking areas designated by Landlord. 15. Binding effect. Each and all of the covenants terms, provisions and agreements of this Lease shall be binding upon and inure to the benefit of the parties and, to the extent permitted by this Lease, their respective heirs, executors, administrators, legal representatives, successors and assigns; provided that Landlord shall have no are acquired in accordance with the terms of this Lease. 16. Entire agreement. This Lease, including the Exhibits hereto (which are hereby incorporated by this reference), supersedes all prior discussions, proposals, negotiations and discussions between the parties and the Lease, and all documents incorporated by reference, contains all the agreements, conditions, understandings, representations and warranties made between the parties hereto with respect to the subject matter hereof, and may not be modified orally or in any manner other than by an agreement in writing signed by both parties hereto or their respective successors in interest. 17. Time is of the essence. Time is of the essence in all provisions of this Lease, including all notice provisions to be performed by or on behalf of Tenant. 5 18. Counterparts. This Lease may be executed in any number of counterparts, each of which when taken together shall be deemed to be one and the same instrument. 19. Severability. If any provisions of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall remain in full force and effect. 20. Additional Acts. Each party will execute and deliver all other additional and necessary instructions and documents and do all other acts and things as may be reasonably necessary to more fully effectuate this Lease. 21. Choice of law. This Lease shall be construed, governed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to principles relating to conflicts of law. 22. Forum selection. For any action relating in any way to this Lease or in any way Premises, Tenant consents to the exclusive jurisdiction of the state courts of the Commonwealth of Virginia and to the federal courts located in the Western District of Virginia, and Tenant hereby agrees that the sole and exclusive venue of any such action shall be the Circuit Court of the County of Roanoke Virginia, or the United States District Court for the Western District of Virginia, Roanoke Division. 23. No partnership created. Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise or joint venturer or a member of a joint enterprise with Tenant. This Lease establishes a relationship solely of that of a landlord and tenant. 24. Construction. No provision of this Lease shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial imposed that provision. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, feminine and neuter. Headings are for convenience only and shall not constitute any addition to or alteration of the terms of this Lease. 25. Representations and Warranties. Each party, for itself, represents and warrants to the other as follows: A. It is duly constituted, in good standing and qualified to do business in the Commonwealth of Virginia and the signatories signing on its behalf have the requisite authority to bind it to the obligations under this Lease; and B. The execution and entry into this Lease, and the performance of its duties and obligations under this Lease and of all other acts necessary and appropriate for 6 the full consummation of this Lease, are consistent with and not in violation of any contract, agreement or other instruments to which it is a party, or any judicial order or judgment of any nature by which it is bound; and all necessary and appropriate actions have been taken by its authorizing and approving the execution of and entry into this Lease, the execution and delivery by it of the documents and instruments to be executed by it, and the performance by it of its duties and obligations under this Lease. \[SIGNATURES ON FOLLOWING PAGE\] \[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\] 7 IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal the day and year first above written. ROANOKE COUNTY, VIRGINIA, Landlord By: Thomas C. Gates, County Administrator STATE OF VIRGINIA COUNTY OF ROANOKE; to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017 by Thomas C. Gates, County Administrator for Roanoke County, Virginia, Landlord. My commission expires: _________________________ My registration number: __________________________ _______________________________________ Notary Public ROANOKE VALLEY BROADBAND AUTHORITY, Tenant By Frank M. Smith II, President and CEO CITY OF ROANOKE; to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017 by Frank M. Smith II, President and CEO of the Roanoke Valley Broadband Authority, Tenant. My commission expires: _____________________________ My registration number: _____________________________ _______________________________________ Notary Public 8 EXHIBIT A Roanoke County Public Safety Center located on Roanoke County Tax Parcel Number 036.16-01-11.01-0000 located at 5925 Cove Road, Roanoke, Virginia 24019. 9 EXHIBIT B 10 LEASE AGREEMENT (Roanoke County Public Safety Center, 5925 Cove Road24019) THIS LEASE, made and entered into this ___day of2017,by and betweenthe Board of Supervisors of Roanoke County, Virginia, (“Landlord”) and the Roanoke Valley Broadband Authority,(“Tenant”)an authority formed and existing in accordance with the provisions of Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, and the Virginia Wireless et seq Services Authorities Act §§ 15.2-5431.1,.(the “Act”)(“Tenant”), W I T N E S S E T H : That for and in consideration of the mutual covenants and obligations hereinafter set forth, Landlord agrees to lease and Tenant agrees to rent aportion of thebuilding on Landlord’s property located at 5925 Cove Road, Roanoke, VA 24019(the “Property”), as shown on the drawings attached hereto as Exhibit A and being approximatelyninety (90)square feet, with non-exclusive access from Cove Road. 1.Lease Term.The initial term of this Lease shall be for a period of fifteen(15) years,commencing onMarch 1, 2017(the “Rent Commencement Date”)and endingFebruary 28, 2032. This Lease may be automatically renewedfor onefive (5) year periodupon the same terms and conditions stated herein unless either party notifies the other party, in writing, not less than ninety daysprior to the end of the initial term indicating theirintention not to renew this Lease. The initial term and any extension made in accordance with the terms of this Lease are to be considered the “Lease Term” of this Lease.Notwithstanding the forgoing, the Landlord may, with prior written notice delivered to the Tenant at least sixmonths in advance, terminate the Lease at any time. 2.Basic Rent. The goal of Landlord is cost-recovery, not profit, with regard to rent collected from Tenant. With that goal in mind, Tenant covenants and agrees to pay Landlord, as rent for each calendar year, the estimated sum of $1,680. Rent shall be payable without deduction, offset, notice or demand, in advance at the rate of st $140.00, on or before the first (1) day of each month during the initial or any renewal term of this Lease. Payments shall be made by check payable to Landlord or its assigns and delivered to Landlord. At the end of each calendar year during the term of this Lease, Landlord and tenant shall reconcile and “true-up” the account to ensure that the Landlord has recovered actual costs of providing electricity to Tenant under the terms of this Lease. 3.Premises.Landlord does lease unto Tenant, and Tenant does lease from Landlord, for the term hereinafter set forth, approximately ninety square feet of space on the premises located at 5925 Cove Road in Roanoke County, asdepicted on the attached Exhibit A(“the Premises”), and1) any improvements that may be located thereon; 2) such rights of way and easement on, over, under, across, and through the adjoining lands of Landlord, extending from the Premises to the nearest convenient public road and of standard vehicular width as shall be necessary for 1 ingress and egress to and from the Premises; 3) such other rights of way and easements on, over, under, across, and through the adjoining propertyof Landlord as may be required by Tenant for the purpose of bringing electricity, telephone and any and all other utilities to the Premises; and 4) the right to park vehicles on or about the Premises, the lands immediately adjacent thereto during periods of construction, site inspection, and necessary maintenance and repair work. Tenant acknowledges that the Property is a secure, public safety facility, operated for the health,safety, and law enforcement purposes for benefitof residents of Roanoke County. Tenant further acknowledges that Landlord’s use of Property as a secure public safety facility supersedes all other uses of the Property, including those uses as may be set forth in this Lease. Tenant shall have the rightto use the Premises each day,subject to requirements necessary to maintain the Landlord’s public safety operations,for the installation, maintenance and operation of its telecommunications equipment.To the extent that Tenant deems it necessary to construct, erect, install, lay, use or attach to any poles, conduits, vaults, handholds or any other communications facilities, place aerial communications lines or place underground, and thereafter use, operate, inspect, maintain, repair, replace, and/or remove a telecommunications system, consisting of fiber optic lines, high speed broadband equipment, wires, cables, conduits, wireless communications equipment, shelters, generators, and other related on the ground, above ground, and subsurface fixtures, equipment, appurtenances and facilities, including any replacements, upgrades, and improvement of any such items (collectively, the “Facilities”) on the Property, as it exists on the date of this Easement Leaseand as depicted on the plat attached hereto as Exhibit B(the “Licensed Area”), the Landlord may grant a license for such purposes, upon written request from Tenant prior to the undertaking of such construction. Such permission and /or license shall not be withheld where such construction is necessary for Tenant’s operations and where such construction does not interfere with Landlord’s use of the Property for public safety functions.The license includes the right of access overthe Property in order for the Tenant to access and/or use the Licensed Area, including, but not limited to, uses for temporary construction purposes and/or investigation and/or testing of the Licensed Area and surrounding areas. Tenant’s rights set forth above will not interfere with Landlord’s use of the Property outside the Licensed Area.Tenant will clean up and restore property at conclusion of each installation or repair process. Tenant shall not obstruct or interfere with the rights of other tenants of Landlord, or injure or annoy them, or permit anything to be done which will in any way increase the rate of fire insurance or liability insurance on the Premisesor contents, and in the event that, by reason of acts of Tenant, there is any increase in rate of such insurance on the Premisesor contents, created by Tenant’s acts or conduct of the business, then Tenant hereby agrees to pay such increase. It is further agreed thatTenant shall use the Premisessolely for the purpose specified in this Agreement. Tenant, at its expense, shall procure any and all governmental licenses 2 and permits required for the conduct of Tenant’s business on the Premisesand shall at all times comply with the requirement of each such license and permit. Landlord is not required, and does not represent or warrant that it will obtain or endeavor to obtain for Tenant (or that Tenant will be able to obtain) any license or permit. 4.Information Technology Security The parties understand and acknowledge that each party is subject to the security requirements set forth by the National Institute of Standards and Technology (NIST) in NIST Special Publication 800-14. The parties further acknowledge that they have taken affirmative steps to ensure practices consistent with the terms and conditions setforth in NIST 800-14, particularly Section 3.10 “Physical and Environmental Security” of each parties’ networks, information technology equipment, and the electronically stored information thereon. 5.Tenant’s Expenses.Tenant’s expenses shall include, but are not limited to: A. The complete cost of telephone, telecommunication services, wireless or anytype of internet service or another type of communication services the Tenant desires to utilize during the term of this Lease. B. Tenant improvements, equipmentand fixtures installed on the Premises. C. Maintenance of the Premises. D.Insurance for Tenant’s personal property, equipmentand fixtures. E.Materials, tools and equipment, florescent and incandescent lamps, filters, cleaning supplies and maintenance items specific to Tenant’s business or made necessary by Tenant’s business for specific particular use of Tenant’s officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees and visitors. 6.Landlord’s Expenses.Landlord shall provide for the Tenant’s use in the Premises: A.Electric current. B.Heating and air conditioning. C.Maintenance of the Property. D.Building Security. 7.Tenant’s Duty of Care. A.Tenant will, at Tenant's own cost and expense, maintain the Premises in sound condition and good repair, and shall repair or replace any damage or injury done 3 to the Premises, or any part thereof by Tenant or Tenant's agents, employees, invitees and visitors. If Tenant fails to make such repair or replacements promptly within fifteen days of occurrence to the satisfaction of Landlord, Landlord may, at its option, make such repairs or replacements, and Tenant shall reimburse Landlord for the out-of-pocket, direct and reasonable costs thereof on demand. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from Basic Rent. B.All trade fixtures and trade equipment installed by Tenant, if any, for its business purposes, whether or not attached to the Premises, will remain the property of Tenant and will be removable, at any time and from time to time during the term of this Lease or at the expiration of prior termination thereof. Furthermore, Landlord shall haveno right or claim to any insurance proceeds payable on account of damage to or destruction of any of the property of Tenant. Any easements granted to Tenant under this Agreement shall continue during a reasonable period after the expiration or earlier termination of this Lease as is necessary for Tenant to remove such Tenant’s property. 7.Landlord Repairs.Landlord, at its expense, shall maintain the Property, in good working order and repair. 8.Quiet Possession.Landlord hereby covenants that Tenant, upon paying Basic Rent as herein provided, and performing all covenants and agreements herein contained, shall and may peacefully and quietly have, hold and enjoy the Premises. 9.Condition of Premises.Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the Property or with respect to the suitability of either for the conduct of Tenant's business or profession. By taking of possession of the Premises, Tenant conclusively acknowledges that the Premisesand the Propertyare in satisfactory condition at such time. 10.Insurance. A.Landlord shall carry all-risk property damage and hazard-casualty insurance insuring against loss or damage to the Premisesamounts and with companies as Landlord chooses at its sole discretion. B.Tenant shall, at its expense, maintain in effect ageneral liability policy, with minimum coverages not less than TwoMillion Dollars ($2,000,000.00). The coverage amounts shall be subject to periodic increases based on inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors, and other relevant factors. The amount in coverage of such insurance shall not limit Tenant’s liability or relieve Tenant of any other obligation under this Lease. The liability policy shall be primary and non-contributing, contain cross- liability endorsements, and show Landlord as an additional insured. Tenant shall provide Landlord with verification that the policy or policies are in effect upon 4 request by Landlord. Landlord shall be named as an additional insured on Tenant’s policy of insurance. 11.Compliance with Laws and Governmental Regulations. Tenant shall, in the use and occupancy of the Premisesand the conduct of Tenant's business or profession therein, at all times comply with all applicable laws, ordinances, orders, notices, rules and regulations of the federal, state and municipal governments. 12.Easements, Restrictions and Rights-Of-Way.The Premises are leased subject to all easements, restrictions and rights-of-way legally affecting the Premises. Landlord represents that, to the best of its knowledge, as of date of execution of this Lease, the Permitted Uses are not prohibited by any easement, restriction, or right of way. 13.Brokers.Tenant represents that there was no broker instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. 14.Parking.Tenant shall also have the non-exclusive right, in common with other Tenants and Landlord, to use the areas surrounding the Premisesdesignated as parking for the parking of automobiles of Tenant and its officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees, and visitors, without separate charge, on a non-exclusive basis, incident to Tenant’s permitted use of the Premises. Tenant shall have no designated parking spaces and shall observe restricted parking areas designated by Landlord. 15.Binding effect.Each and all of the covenants terms, provisions and agreements of this Lease shall be binding upon and inure to the benefit of the parties and, to the extent permitted by this Lease, their respective heirs, executors, administrators, legal representatives, successors and assigns; provided that Landlord shall have no obligation to Tenant’s successor unless the rights or interests of Tenant’s successor are acquired in accordance with the terms of this Lease. 16.Entire agreement.This Lease, including the Exhibits hereto (which are hereby incorporated by this reference), supersedes all prior discussions, proposals, negotiations and discussions between the parties and the Lease, and all documents incorporated by reference, contains all the agreements, conditions, understandings, representations and warranties made between the parties hereto with respect to the subject matter hereof, and may not be modified orally or in any manner other than by an agreement in writing signed by both parties hereto or their respective successors in interest. 17.Time is of the essence. Time is of the essence in all provisions of this Lease, including all notice provisions to be performed by or on behalf of Tenant. 5 18.Counterparts.This Lease may be executed in any number of counterparts, each of which when taken together shall be deemed to be one and the same instrument. 19.Severability.If any provisions of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall remain in full force and effect. 20.Additional Acts.Each party will execute and deliver all other additional and necessary instructions and documents and do all other acts and things as may be reasonably necessary to more fully effectuate this Lease. 21.Choice of law.This Lease shall be construed, governed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to principles relating to conflicts of law. 22.Forum selection.For any action relating in any way to this Lease or in any way related to Tenant’s use of the Premises, Tenant consents to the exclusive jurisdiction of the state courts of the Commonwealth of Virginia and to the federal courts located in the Western District of Virginia, and Tenant hereby agrees that the sole and exclusive venue of any such action shall be the Circuit Court of the Countyof RoanokeVirginia, or the United States District Court for the Western District of Virginia, Roanoke Division. 23.No partnership created.Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise or joint venturer or a member of a joint enterprise with Tenant. This Lease establishes a relationship solely of that of a landlord and tenant. 24.Construction.No provision of this Lease shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of that party’s having or being deemed to have prepared or imposed that provision. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, feminine and neuter. Headings are for convenience only and shall not constitute any addition to or alteration of the terms of this Lease. 25.Representations and Warranties.Each party, for itself, represents and warrants to the other as follows: A.It is duly constituted, in good standing and qualified to do business in the Commonwealth of Virginia and the signatories signing on its behalf have the requisite authority to bind it to the obligations under this Lease; and B.The execution and entry into this Lease, and the performance of its duties and obligations under this Lease and of all other acts necessary and appropriate for 6 the full consummation of this Lease, are consistent with and not in violation of any contract, agreement or other instruments to which it is a party, or any judicial order or judgment of any nature by which it is bound; and all necessary and appropriate actions have been taken by its authorizing and approving the execution of and entry into this Lease, the execution and delivery by it of the documents and instruments to be executed by it, and the performance by it of its duties and obligations under this Lease. \[SIGNATURES ON FOLLOWING PAGE\] \[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\] 7 IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal the day and year first above written. ROANOKE COUNTY, VIRGINIA,Landlord By: Thomas C. Gates, County Administrator STATE OF VIRGINIA COUNTYOF ROANOKE; to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017byThomas C. Gates, County Administrator for Roanoke County, Virginia, Landlord. My commission expires: _________________________ My registration number: __________________________ _______________________________________ Notary Public ROANOKE VALLEY BROADBAND AUTHORITY, Tenant By Frank M. Smith II,President and CEO CITY OF ROANOKE;to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017by Frank M. Smith II,President and CEOof the Roanoke Valley Broadband Authority, Tenant. My commission expires: _____________________________ My registration number: _____________________________ _______________________________________ Notary Public 8 EXHIBIT A Roanoke County Public Safety Centerlocatedon Roanoke County Tax Parcel Number Formatted:Left _______________036.16-01-11.01-0000located at 5925 Cove Road, Roanoke, Virginia 24019. 9 EXHIBIT B 10 ACTION NO. ITEM NO. F.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Ordinance approving a lease agreement with the Roanoke Valley Broadband Authority (RVBA) for 500 square feet of ground space on the parcel for the South County Library, located at 6303 Merriman Road in Roanoke, Virginia SUBMITTED BY: Rob Light Director of General Services APPROVED BY: Thomas C. Gates County Administrator ISSUE: Approval of a lease agreement between Roanoke County and the Roanoke Valley Broadband Authority (RVBA) providing RVBA with approximately 500 square feet of ground space in proximity to the South County Library for placement of infrastructure and equipment necessary for the implementation of Roanoke County's broadband network. BACKGROUND: As part of the construction of a Roanoke County broadband fiber system, the Roanoke Valley Broadband Authority (RVBA) is seeking approximately 500 square feet of ground space in close proximity to the South County Library for installation of a structure to house equipment necessary for operation of the broadband system. RVBA will install a small concrete building, equipment, and generator on the designated site to provide a disaster resiliency for communication lines. The structure will be appropriately positioned and screened from view so as to minimize impact on the aesthetic quality of the South County Library. The proposed lease agreement would be for a term of fifteen years commencing on March 1, 2017. The lease would automatically renew for an additional five year period unless written notice is provided by either party at least ninety days prior to the end of the initial term. The County can terminate this lease at any time with a notice of six Page 1 of 3 months. DISCUSSION: The County currently utilizes space inside the South County Library for data storage and disaster resilience needs. Design requirements for broadband installation likewise determined the South County Library site to be an optimal location for equipment necessary to operate the broadband infrastructure network. County staff, along with RVBA staff explored several options for accommodating both County and RVBA needs at the South County Library location including the option of having RVBA co-locate equipment within the South County Library. After a complete assessment, it was determined the Library as currently constructed is not capable of meeting the comprehensive Disaster Resilience (DR) attributes required for Broadband infrastructure design. In light of RVBA's needs and the greater resilience of the RVBA facility, the County intends to co-locate its equipment with the RVBA in a common structure which will ensure a 99.99999% survivability rate for critical information technology data and systems. In addition to ensuring critical technology operations are maintained, co-location in a dedicated DR structure with the Broadband Authority provides the County with a net operational cost savings. The existing air conditioning unit for the South County Library server room, which currently houses over $500,000 worth of County DR equipment, does not have the capacity to provide the necessary cooling load to protect equipment from overheating. Co-location of County equipment with RVBA equipment will allow for the County to avoid new investment in additional cooling capacity. FISCAL IMPACT: The RVBA will pay $120 annually as rent to the County. Separate metering within the DR structure will allow the RVBA and the County to be billed separately for electrical usage. The County will provide $52,343 to the RVBA for costs related to the increased size requirement of the DR structure to accommodate County equipment. This cost includes proportional expenses for the additional cooling and generator redundancy needs necessary as a result of the County's use of the structure. Co-location of County equipment within the RVBA structure will permit the County to avoid approximately $35,000 in expense associated with upgrading the cooling capacity in South County Library. Additionally, approximately $150,000 in costs associated with the streaming of back-up data and equipment replacement at a third site located out of County will be avoided. Page 2 of 3 Funding for the $52,343 co-location investment will be provided from the Department of General Services capital maintenance account through deferral of the Server Room Cooling System Replacement project and from existing Comm/IT equipment and infrastructure replacement funds. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling second reading of the ordinance for February 28, 2017. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 14, 2017 ORDINANCE APPROVING A LEASE TO THE ROANOKE VALLEY BROADBAND AUTHORITY AT THE SOUTH COUNTY LIBRARY is an authority formed and existing in accordance with Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Wireless Services Authorities Act §§15.2-5431.1, et seq; and WHEREAS, Roanoke County is a member of the Authority and benefits from the services of the Authority; and WHEREAS, the Authority wishes to lease space on the site of the South County Library, located at 6303 Merriman Road, Roanoke, Virginia, 24018 (Tax Parcel ID 097.05- 01-26.00.0000), for placement of necessary equipment and infrastructure; and WHEREAS, such lease will not interfere with the operations of the Library; and WHEREAS, the County will utilize approximately 500 square feet of space within -recovery information technology equipment, subject to NIST 800-14 and other applicable data security standards; and WHEREAS, such lease is mutually beneficial to the parties; and WHEREAS, this Ordinance authorizes the Authority to construct the Hut on the designated leased space in accord with the terms of the Lease dated March 1, 2017; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests by ordinance; the first reading of this Page 1 of 2 Ordinance was held on February 14, 2017, and the second reading was held on February 28, 2017. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Lease Agreement between the County and the Authority dated March 1, 2017 is hereby approved; and 2. That the lease of the 500 square feet of space at South County Library, located at 6303 Merriman Road, Roanoke, Virginia, 24018 (Tax Parcel ID 097.05-01- 26.00.0000) to the Authority from March 1, 2017 through March 31, 2032 is hereby approved; and 3. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 LEASE AGREEMENT (South County Library, 6303 Merriman Road Roanoke, Virginia, 24018) THIS LEASE, made and entered into this ___ day of ___, 2017, by and between the Board of Supervisors of Roanoke County, Virginia, ) and the Roanoke Valley Broadband Authority, an authority formed and existing in accordance with the provisions of Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, and the Virginia Wireless Services Authorities Act §§ 15.2-5431.1, et seq. W I T N E S S E T H : That for and in consideration of the mutual covenants and obligations hereinafter set forth, Landlord agrees to lease and Tenant agrees to rent portions of the located at 6303 Merriman Road, S.W., Roanoke, VA 24018, Tax Parcel ID 097.05-01-26.00.0000 (the drawings attached hereto as Exhibit A and being approximately five hundred square feet, with non-exclusive access from Merriman Road as well as the non-exclusive use of bathrooms and other public accom. Tenant shall construct, in accord with agreed-to specifications, a structure on the Property that and a redundant power supply for the equipment in the Hut. The dimensions and specifications for the Hut are depicted on the attached Exhibit B. 1. Lease Term. The initial term of this Lease shall be for a period of fifteen (15) years, commencing on March 1, 2017 and ending February 28, 2032. This Lease may be automatically renewed for one five (5) year period upon the same terms and conditions stated herein unless either party notifies the other party, in writing, not less than ninety days prior to the end of the initial term indicating their intention not to renew this Lease. The initial term and any extension made in accordance with the terms of this Lease are to be considered Notwithstanding the forgoing, the Landlord may, with prior written notice delivered to the Tenant at least six months in advance, terminate the Lease at any time. 2.Basic Rent. The goal of Landlord is cost-recovery, not profit, with regard to rent collected from Tenant. With that goal in mind, Tenant covenants and agrees to pay Landlord, as rent for each calendar year, the sum of $120. Rent shall be payable without deduction, offset, notice or demand, in advance at the rate of $10, on or before the first day of each month during the initial or any renewal term of this Lease. Payments shall be made by check payable to Landlord or its assigns and delivered to Landlord. 3. Premises. Landlord does lease unto Tenant, and Tenant does lease from Landlord, for the term hereinafter set forth, approximately five hundred square feet of space on the Property located at 6303 Merriman Road in Roanoke County, as depicted on the attached Exhibit A , and 1) any improvements that may be located thereon; 2) such rights of way and easement on, over, under, across, and through the adjoining lands of Landlord, extending from the Premises to the nearest 1 convenient public road and of standard vehicular width as shall be necessary for ingress and egress to and from the Premises; 3) such other rights of way and easements on, over, under, across, and through the adjoining property of Landlord as may be required by Tenant for the purpose of bringing electricity, telephone and any and all other utilities to the Premises; and 4) the right to park vehicles on or about the Premises and the lands immediately adjacent thereto during periods of construction, site inspection, and necessary maintenance and repair work. Tenant shall have the right to use the Premises each day, subject to operation of the Property as a public library, for the installation, maintenance and operation of its telecommunications equipment. To the extent that Tenant deems it necessary to construct, erect, install, lay, use or attach to any poles, conduits, vaults, handholds or any other communications facilities, place aerial communications lines or place underground, and thereafter use, operate, inspect, maintain, repair, replace, and/or remove a telecommunications system, consisting of fiber optic lines, high speed broadband equipment, wires, cables, conduits, wireless communications equipment, shelters, generators, and other related on the ground, above ground, and subsurface fixtures, equipment, appurtenances and facilities, including any replacements, upgrades, and improvement of any such items Easement and as depicted on the plat attached hereto as Exhibit C, the Landlord may grant a license for such purposes, upon written request from Tenant prior to the undertaking of such construction. Such permission and /or license shall not be ere such construction does not interfere with safety functions. The license includes the right of access over the Property in order for the Tenant to access and/or use the Licensed Area, including, but not limited to, uses for temporary construction purposes and/or investigation and/or testing of the Tenant will clean up and restore property at conclusion of each installation or repair process. Tenant shall not obstruct or interfere with the rights of other tenants of Landlord, or injure or annoy them, or permit anything to be done which will in any way increase the rate of fire insurance or liability insurance on the Premises or contents, and in the event that, by reason of acts of Tenant, there is any increase in rate of such insurance on the Premises the business, then Tenant hereby agrees to pay such increase. It is further agreed that Tenant shall use the Premises solely for the purpose specified in this paragraph three of this Agreement. Tenant, at its expense, shall procure any and all governmental licens on the Premises and shall at all times comply with the requirement of each such license and permit. Landlord is not required, and does not represent or warrant that it will obtain or endeavor to obtain for Tenant (or that Tenant will be able to obtain) any license or permit. 2 4.Fixtures and Equipment In the event the Tenant abandons the Premises for sixty (60) consecutive days, the Hut and the power supply installed by the Tenant to provide redundant heating and cooling to the Hut shall remain the property of the County. The Landlord deems the fixtures to include a fully functional disaster recovery center. 5.Information Technology Security The parties have agreed that County will place in the Hut certain IT equipment that is solely the property of the County. The parties acknowledge that Tenant will not have physical access to equipment in the Hut. The parties further understand and acknowledge that each party is subject to the security requirements set forth by the National Institute of Standards and Technology (NIST) in NIST Special Publication 800-14. The parties further acknowledge that they have taken affirmative steps to ensure practices consistent with the terms and conditions set forth in NIST 800-14, particularly Section 3.10 technology equipment, and the electronically stored information thereon. 6. A.Cost to construct the Hut. Tenant agrees that Landlord shall have final approval over the exterior design and appearance of the Hut. B. The complete cost of telephone, telecommunication services, wireless or any type of internet service or another type of communication services the Tenant desires to utilize during the term of this Lease. C. Tenant improvements, equipment and fixtures installed on the Premises. D. Maintenance of the Premises. E. equipment and fixtures, including the generator, the Hut and all other equipment associated with the Facilities. F. Materials, tools and equipment, florescent and incandescent lamps, filters, officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees and visitors. 7. Landlord Expenses. County A.Maintenance of the Property, exclusive of maintenance on the Leased Premises and the Facilities. 3 B. 8. A.Tenant will, at Tenant's own cost and expense, maintain the Premises in sound condition and good repair, and shall repair or replace any damage or injury done to the Premises or the Property, or any part thereof by Tenant or Tenant's agents, employees, invitees and visitors. If Tenant fails to make such repair or replacements promptly within fifteen days of occurrence to the satisfaction of Landlord, Landlord may, at its option, make such repairs or replacements, and Tenant shall reimburse Landlord for the out-of-pocket, direct and reasonable costs thereof on demand. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from Basic Rent. B. All trade fixtures and trade equipment installed by Tenant, if any, for its business purposes, whether or not attached to the Premises, will remain the property of Tenant and will be removable, at any time and from time to time during the term of this Lease or at the expiration of prior termination thereof. Furthermore, Landlord shall have no right or claim to any insurance proceeds payable on account of damage to or destruction of any of the property of Tenant. Any easements granted to Tenant under this Agreement shall continue during a reasonable period after the expiration or earlier termination of this Lease as is 9. Landlord Repairs. Landlord, at its expense, shall maintain the Property, in good working order and repair. 10. Quiet Possession. Landlord hereby covenants that Tenant, upon paying Basic Rent as herein provided, and performing all covenants and agreements herein contained, shall and may peacefully and quietly have, hold and enjoy the Premises. 11. Condition of Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the Property or with respect to the suitability of either for the conduct of Tenant's business or profession. By taking of possession of the Premises, Tenant conclusively acknowledges that the Premises and the Property are in satisfactory condition at such time. 12. Insurance. A. Landlord shall carry all-risk property damage and hazard-casualty insurance insuring against loss or damage to the Property Hut in amounts and with companies as Landlord chooses at its sole discretion. B. Tenant shall, at its expense, maintain in effect a general liability policy with respect to the Premises, with minimum coverages not less than Two Million Dollars ($2,000,000.00). The coverage amounts shall be subject to periodic increases based 4 insurance advisors, and other relevant factors. The amount in coverage of such on under this Lease. The liability policy shall be primary and non-contributing, contain cross-liability endorsements, and show Landlord as an additional insured. Tenant shall provide Landlord with verification that the policy or policies are in effect upon request by Landlord. Landlord shall be named as an additional insured 13. Compliance with Laws and Governmental Regulations. Tenant shall, in the use and occupancy of the Premises and the conduct of Tenant's business or profession therein, at all times comply with all applicable laws, ordinances, orders, notices, rules and regulations of the federal, state and municipal governments. 14. Easements, Restrictions and Rights-Of-Way. The Premises are leased subject to all easements, restrictions and rights-of-way legally affecting the Premises. Landlord represents that, to the best of its knowledge, as of date of execution of this Lease, the Permitted Uses are not prohibited by any easement, restriction, or right of way. 15. Brokers. Tenant represents that there was no broker instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. 16. Parking. Tenant shall also have the non-exclusive right, in common with other Tenants and Landlord, to use the areas surrounding the Premises designated as parking for the parking of automobiles of Tenant and its officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees, and visitors, without separate charge, on a non- permitted use of the Premises. Tenant shall have no designated parking spaces and shall observe restricted parking areas designated by Landlord. 17. Binding effect. Each and all of the covenants terms, provisions and agreements of this Lease shall be binding upon and inure to the benefit of the parties and, to the extent permitted by this Lease, their respective heirs, executors, administrators, legal representatives, successors and assigns; provided that Landlord shall have no are acquired in accordance with the terms of this Lease. 18. Entire agreement. This Lease, including the Exhibits hereto (which are hereby incorporated by this reference), supersedes all prior discussions, proposals, negotiations and discussions between the parties and the Lease, and all documents incorporated by reference, contains all the agreements, conditions, understandings, representations and warranties made between the parties hereto with respect to the subject matter hereof, and may not be modified orally or in any manner other than 5 by an agreement in writing signed by both parties hereto or their respective successors in interest. 19. Time is of the essence. Time is of the essence in all provisions of this Lease, including all notice provisions to be performed by or on behalf of Tenant. 20. Counterparts. This Lease may be executed in any number of counterparts, each of which when taken together shall be deemed to be one and the same instrument. 21. Severability. If any provisions of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall remain in full force and effect. 22. Additional Acts. Each party will execute and deliver all other additional and necessary instructions and documents and do all other acts and things as may be reasonably necessary to more fully effectuate this Lease. 23. Choice of law. This Lease shall be construed, governed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to principles relating to conflicts of law. 24. Forum selection. For any action relating in any way to this Lease or in any way Premises, Tenant consents to the exclusive jurisdiction of the state courts of the Commonwealth of Virginia and to the federal courts located in the Western District of Virginia, and Tenant hereby agrees that the sole and exclusive venue of any such action shall be the Circuit Court of the County of Roanoke Virginia, or the United States District Court for the Western District of Virginia, Roanoke Division. 25. No partnership created. Notwithstanding any other provision in this Agreement, Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise or joint venturer or a member of a joint enterprise with Tenant. This Lease establishes a relationship solely of that of a landlord and tenant. 26. Construction. No provision of this Lease shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial imposed that provision. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, feminine and neuter. Headings are for convenience only and shall not constitute any addition to or alteration of the terms of this Lease. 27. Representations and Warranties. Each party, for itself, represents and warrants to the other as follows: 6 A. It is duly constituted, in good standing and qualified to do business in the Commonwealth of Virginia and the signatories signing on its behalf have the requisite authority to bind it to the obligations under this Lease; and B. The execution and entry into this Lease, and the performance of its duties and obligations under this Lease and of all other acts necessary and appropriate for the full consummation of this Lease, are consistent with and not in violation of any contract, agreement or other instruments to which it is a party, or any judicial order or judgment of any nature by which it is bound; and all necessary and appropriate actions have been taken by its authorizing and approving the execution of and entry into this Lease, the execution and delivery by it of the documents and instruments to be executed by it, and the performance by it of its duties and obligations under this Lease. \[SIGNATURES ON FOLLOWING PAGE\] \[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\] IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal the day and year first above written. ROANOKE COUNTY, VIRGINIA, Landlord By: Thomas C. Gates, County Administrator STATE OF VIRGINIA COUNTY OF ROANOKE; to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017 by Thomas C. Gates, County Administrator for Roanoke County, Virginia, Landlord. My commission expires: _________________________ My registration number: __________________________ _______________________________________ Notary Public ROANOKE VALLEY BROADBAND AUTHORITY, Tenant By 7 Frank M. Smith II, President and CEO CITY OF ROANOKE; to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017 by Frank M. Smith II, President and CEO of the Roanoke Valley Broadband Authority, Tenant. My commission expires: _____________________________ My registration number: _____________________________ _______________________________________ Notary Public 8 EXHIBIT A 9 EXHIBIT B 10 LEASE AGREEMENT (South County Library,6303 MerrimanRoadRoanoke, Virginia, 24018) THIS LEASE, made and entered into this ___day of___,2017,by and betweenthe Board of Supervisors of Roanoke County, Virginia, (“Landlord”or “County”) and the Roanoke Valley Broadband Authority,an authority formed and existing in accordance with the provisions of Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, and the Virginia Wireless et seq Services Authorities Act §§ 15.2-5431.1,.(the “Act”)(“Tenant”), W I T N E S S E TH : That for and in consideration of the mutual covenants and obligations hereinafter set forth, Landlord agrees to lease and Tenant agrees to rent portions of theLandlord’s Property located at 6303 Merriman Road, S.W., Roanoke, VA 24018, Tax Parcel ID 097.05-01-26.00.0000(the “Property”), as shown on the drawings attached hereto as Exhibit Aand being approximately five hundredsquare feet, with non-exclusive access from Merriman Roadas well as the non-exclusive use of bathrooms and other public accommodations located in and on the Landlord’s Property. Tenant shall construct, in accord with agreed-to specifications, a structure on the Property that shall be designated as “the Hut”and a redundant power supply for the equipment in theHut.The dimensions and specifications for the Hut are depicted on the attached Exhibit B. 1.Lease Term.The initial term of this Lease shall be for a period of fifteen(15) years,commencing onMarch 1,2017(the “Rent Commencement Date”)and endingFebruary 28,2032. This Lease may be automatically renewedfor onefive (5) year periodupon the same terms and conditions stated herein unless either party notifies the other party, in writing, not less than ninety daysprior to the end of the initial term indicating theirintention not to renew this Lease. The initial term and any extension made in accordance with the terms of this Lease are to be considered the “Lease Term” of this Lease.Notwithstanding the forgoing, the Landlord may, with prior written notice delivered to the Tenant at least sixmonths in advance, terminate the Lease at any time. 2.Basic Rent.The goal of Landlord is cost-recovery, not profit,with regard to rent collected from Tenant. With that goal in mind, Tenant covenants and agrees to pay Landlord, as rent for each calendar year, the sum of $120.Rent shall be payable without deduction, offset, notice or demand, in advance at the rate of $10,on or before the first day of each month during the initial orany renewal term of this Lease. Payments shall be made by check payable to Landlord or its assigns and delivered to Landlord. 3.Premises.Landlord does lease unto Tenant, and Tenant does lease from Landlord, for the term hereinafter set forth, approximately five hundred square feet of space on the Propertylocated at 6303 Merriman Road in Roanoke County, as depicted on the attached Exhibit A(“the Premises”),and1) any improvements that may be located thereon; 2) such rights of way and easement on, over, under, across, and through the adjoining lands of Landlord, extending from the Premises to the nearest 1 convenient public road and of standard vehicular width as shall be necessary for ingress and egress to and from the Premises; 3) such other rights of way and easements on, over, under, across, and through the adjoining propertyof Landlord as may be required by Tenant for the purpose of bringing electricity, telephone and any and all other utilities to the Premises; and 4) the right to park vehicleson or about the Premises andthe lands immediately adjacent thereto during periods of construction, site inspection, andnecessary maintenance and repair work. Tenant shall have the right to use the Premises each day,subject to Landlord’s operation of the Property as a public library,for the installation, maintenance and operation of its telecommunications equipment.To the extent that Tenant deems it necessary to construct, erect, install, lay, use or attach to any poles, conduits, vaults, handholds or any other communications facilities, place aerial communications lines or place underground, and thereafter use, operate, inspect, maintain, repair, replace, and/or remove a telecommunications system, consisting of fiber optic lines, high speed broadband equipment, wires, cables, conduits, wireless communications equipment, shelters, generators, and other related on the ground, above ground, and subsurface fixtures, equipment, appurtenances and facilities, including any replacements, upgrades, and improvement of any such items (collectively, the “Facilities”) on the Property, as it exists on the date of this Easement and as depicted on the plat attached hereto as Exhibit C, the Landlord may grant a license for such purposes, upon written request from Tenant prior to the undertaking of such construction. Such permission and /or license shall not be withheld where such construction is necessary for Tenant’s operations and where such construction does not interfere with Landlord’s use of the Property for public safety functions.The license includes the right of access overthe Property in order for the Tenant to access and/or use the Licensed Area, including, but not limitedto, uses for temporary construction purposes and/or investigation and/or testing of the Licensed Area and surrounding areas. Tenant’s rights set forth above will not interfere with Landlord’s use of the Property outside the Licensed Area.Tenant will clean up and restore property at conclusion of each installation or repair process. Tenant shall not obstruct or interfere with the rights of other tenants of Landlord, or injure or annoy them, or permit anything to be done which will in any way increasethe rate of fire insurance or liability insurance on the Premisesor contents, and in the event that, by reason of acts of Tenant, there is any increase in rate of such insurance on the Premisesor contents, created by Tenant’s acts or conduct of the business, then Tenant hereby agrees to pay such increase. It is further agreed thatTenant shall use the Premisessolely for the purpose specified in this paragraph three of this Agreement. Tenant, at its expense, shall procure any and all governmental licenses and permits required for the conduct of Tenant’s business on the Premisesand shall at all times comply with the requirement of each such license and permit. Landlord is not required, and does not represent or warrant that it will obtain or endeavor toobtain for Tenant (or that Tenant will be able to obtain) any license or permit. 2 4.Fixtures and Equipment The parties agree that at the expiration of this Lease Agreement or upon termination by either partyIn the event the Tenant abandons the Premises for sixty (60) consecutive days, the Hut and thepower supplyinstalled by the Tenantto provide redundant heating and cooling to the Hut shallbe considered fixtures and shall remain the property of the County.The Landlord deems the fixtures to include a fully functional disaster recovery center. 5.Information Technology Security The parties have agreed that County will place in the Hut certain IT equipment that is solely the property of the County. The parties acknowledgethat Tenant will not have physical access to County’s ITequipment in the Hut. The parties further understand and acknowledge that each party is subject to the security requirements set forth by the National Institute of Standards and Technology (NIST) in NIST Special Publication 800-14. The parties further acknowledge that they have taken affirmative steps to ensure practices consistent with the terms and conditions set forth in NIST 800-14, particularly Section 3.10 “Physical and Environmental Security” of each parties’ networks, information technology equipment, and the electronically stored information thereon. 6.Tenant’s Expenses.Tenant’s expenses shall include, but are not limited to: A. Cost to construct the Hut.Tenant agrees that Landlord shall have final approval over the exterior design and appearance of the Hut.and appropriate aesthetic accoutrements to ensure the appearance of the Hut and redundant power supply are consistent with the aesthetics and architecture of the Landlord’s other structures on the Property.Tenant agrees that Landlord shall have final approval of the design for the Hut and aesthetic accoutrements. B.The complete cost of telephone, telecommunication services, wireless or anytype of internet service or another type of communication services the Tenant desires to utilize during the term of this Lease. CB.Tenant improvements, equipmentand fixtures installed on the Premises. DC.Maintenance of the Premises. ED.Insurance for Tenant’s personal property, equipmentand fixtures, including the generator, the Hut and all other equipment associated with the Facilities. FE.Materials, tools and equipment, florescent and incandescent lamps, filters, cleaning supplies and maintenance items specific to Tenant’sbusiness or made necessary by Tenant’s business for specific particular use of Tenant’s 3 officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees and visitors. 7.Landlord’sExpenses.County shall provide for the Tenant’s use in the Premises: A.Maintenance of the Property, exclusive of maintenance on the Leased Premises and the Facilities. B.Insurance for County’s equipment in the Hut. 8.Tenant’s Duty of Care. A.Tenant will, at Tenant's own cost and expense, maintain the Premises in sound condition and good repair, and shall repair or replace any damage or injury done to the Premisesor the Property, or any part thereof by Tenant or Tenant's agents, employees, invitees and visitors. If Tenant fails to make such repairor replacements promptly within fifteen days of occurrence to the satisfaction of Landlord, Landlord may, at its option, make such repairs or replacements, and Tenant shall reimburse Landlord for the out-of-pocket, direct and reasonable costs thereof on demand. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from Basic Rent. B.All trade fixtures and trade equipment installed by Tenant, if any, for its business purposes, whether or not attached to the Premises, will remain the property of Tenant and will be removable, at any time and from time to time during the term of this Lease or at the expiration of prior termination thereof. Furthermore, Landlord shall have no right or claim to any insurance proceeds payable on account of damage to or destruction of any of the property of Tenant. Any easements granted to Tenant under this Agreement shall continue during a reasonable period after the expiration or earlier termination of this Lease as is necessary for Tenant to remove such Tenant’s property. 9.Landlord Repairs.Landlord, at its expense, shall maintain the Property, in good working order and repair. 10.Quiet Possession.Landlord hereby covenants that Tenant, upon paying Basic Rent as herein provided, and performing all covenants and agreements herein contained, shall and may peacefully and quietly have, hold and enjoy the Premises. 11.Condition of Premises.Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or the Property or with respect to the suitability of either for the conduct of Tenant's business or profession. By taking of possession of the Premises, Tenant conclusively acknowledges that the Premisesand the Propertyare in satisfactory condition at such time. 4 12.Insurance. A.Landlord shall carry all-risk property damage and hazard-casualty insurance insuring against loss or damage to the Propertyand Landlord’s equipment in the Hut in amounts and with companies as Landlord chooses at its sole discretion. B.Tenant shall, at its expense, maintain in effect ageneral liability policywith respect to the Premises, with minimum coverages not less than TwoMillion Dollars ($2,000,000.00). The coverage amounts shall be subject to periodic increases based on inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors, and other relevant factors. The amount in coverage of such insurance shall not limit Tenant’s liability or relieve Tenant of any other obligation under this Lease. The liability policy shall be primary and non-contributing, contain cross-liability endorsements, and show Landlord as an additional insured. Tenant shall provide Landlord with verification that the policy or policies are in effect upon request by Landlord. Landlord shall be named as an additional insured on Tenant’s policy of insurance. 13.Compliance with Laws and Governmental Regulations. Tenant shall, inthe use and occupancy of the Premisesand the conduct of Tenant's business or profession therein, at all times comply with all applicable laws, ordinances, orders, notices, rules and regulations of the federal, state and municipal governments. 14.Easements, Restrictions and Rights-Of-Way.The Premises are leased subject to all easements, restrictions and rights-of-way legally affecting the Premises. Landlord represents that, to the best of its knowledge, as of date of execution of this Lease, the Permitted Uses are not prohibited by any easement, restriction, or right of way. 15.Brokers.Tenant represents that there was no broker instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker concerning the renting of the Premises. 16.Parking.Tenant shall also have the non-exclusive right, in common with other Tenants and Landlord, to use the areas surrounding the Premisesdesignated as parking for the parking of automobiles of Tenant and its officers, agents, employees, servants, contractors, patrons, customers, licensees, invitees, and visitors, without separate charge, on a non-exclusive basis, incident to Tenant’s permitted use of the Premises. Tenant shall have no designated parking spaces and shall observe restricted parking areas designated by Landlord. 17.Binding effect.Each and all of the covenants terms, provisions and agreements of this Lease shall be binding upon and inure to the benefit of the parties and, to the extent permitted by this Lease, their respective heirs, executors, administrators, legal representatives, successors and assigns; provided that Landlord shall have no 5 obligation to Tenant’s successor unless the rights or interests of Tenant’s successor are acquired in accordance with the terms of this Lease. 18.Entire agreement.This Lease, including the Exhibits hereto (which are hereby incorporated by this reference), supersedes all prior discussions, proposals, negotiations and discussions between the parties and the Lease, and all documents incorporated by reference, contains all the agreements, conditions, understandings, representations and warranties made between the parties hereto with respect to the subject matter hereof, and may not be modified orally or in any manner other than by an agreement in writing signed by bothparties hereto or their respective successors in interest. 19.Time is of the essence. Time is of the essence in all provisions of this Lease, including all notice provisions to be performed by or on behalf of Tenant. 20.Counterparts.This Lease may be executed in any number of counterparts, each of which when taken together shall be deemed to be one and the same instrument. 21.Severability.If any provisions of this Lease shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall remain in full force and effect. 22.Additional Acts.Each party will execute and deliver all other additional and necessary instructions and documents and do all other acts and things as may be reasonably necessary to more fully effectuate this Lease. 23.Choice of law.This Lease shall be construed, governed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to principles relating to conflicts of law. 24.Forum selection.For any action relating in any way to this Lease or in any way related to Tenant’s use of the Premises, Tenant consents to the exclusive jurisdiction of the state courts of the Commonwealth of Virginia and to the federal courts located in the Western District of Virginia, and Tenant hereby agrees that the sole and exclusive venue of any such action shall be the Circuit Court of the Countyof RoanokeVirginia, or the United States District Court for the Western District of Virginia, Roanoke Division. 25.No partnership created.Notwithstanding any other provision in this Agreement, Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its business, or otherwise or joint venturer or a member of a joint enterprise with Tenant. This Lease establishes a relationship solely of that of a landlord and tenant. 26.Construction.No provision of this Lease shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial 6 authority by reason of that party’s having or being deemed to have prepared or imposed that provision. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, feminine and neuter. Headings are for convenience only and shall not constitute any addition to or alteration of the terms of this Lease. 27.Representations and Warranties.Each party, for itself, represents and warrants to the other as follows: A.It is duly constituted, in good standing and qualified to do business in the Commonwealth of Virginia and the signatories signing on its behalf have the requisite authority to bind it to the obligations under this Lease; and B.The execution and entry into this Lease, and the performance of its duties and obligations under this Lease and of all other acts necessary and appropriate for the full consummation of this Lease, are consistent with and not in violation of any contract, agreement or other instruments to which it is a party, or any judicial order or judgment of any nature by which it is bound; and all necessary and appropriate actions have been taken by its authorizing and approving the execution of and entry into this Lease, the execution and delivery by it of the documents and instruments to be executed by it, and the performance by it of its duties and obligations under this Lease. \[SIGNATURES ON FOLLOWING PAGE\] \[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\] IN WITNESS WHEREOF, the parties hereto have executed this Lease under seal the day and year first above written. ROANOKE COUNTY, VIRGINIA,Landlord By: Thomas C. Gates, County Administrator STATE OF VIRGINIA COUNTYOF ROANOKE; to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017byThomas C. Gates, County Administrator for Roanoke County, Virginia, Landlord. My commission expires: _________________________ My registration number: __________________________ 7 _______________________________________ Notary Public ROANOKE VALLEY BROADBAND AUTHORITY, Tenant By Frank M. Smith II,President and CEO CITY OF ROANOKE;to-Wit: I hereby certify that the foregoing instrument was acknowledged before me this day of ____________, 2017by Frank M. Smith II,President and CEOof the Roanoke Valley Broadband Authority, Tenant. My commission expires: _____________________________ My registration number: _____________________________ _______________________________________ Notary Public 8 EXHIBIT A Formatted:Font:TimesNewRoman,12pt 9 EXHIBIT B Formatted:Font:TimesNewRoman,12pt 10 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Ordinance authorizing the granting of permanent drainage and traffic easements and temporary construction drainage easements on property owned by the County of Roanoke at 305 East Main Street, Salem, Virginia to the Commonwealth of Virginia for a road improvement project on U.S. Route 11/460, East Main Street in Salem, Virginia SUBMITTED BY: Rob Light Director of General Services APPROVED BY: Thomas C. Gates County Administrator ISSUE: Conveyance of permanent and temporary easements to the Commonwealth of Virginia for a Virginia Department of Transportation (VDOT) road improvement project on property owned by the County of Roanoke located at the Roanoke County Courthouse/Jail complex. BACKGROUND: VDOT will be completing a road improvement project on U.S. Route 11/460, East Main Street in Salem that will add a turn lane, benefit pedestrian travel, and provide drainage improvements beginning at the intersection of East Main Street and Thompson Memorial Drive (U.S. Route 311) and extending east approximately 0.55 miles. The project also includes traffic and pedestrian signal improvements to the East Main Street and Thompson Memorial Drive intersection. The Roanoke County Courthouse and Jail complex is located on the northwest corner at the intersection of East Main Street and Thompson Memorial Drive. This ordinance will provide the Commonwealth of Virginia with the necessary permanent traffic and drainage easements (0.029 acres) as well as a temporary construction drainage easement (0.013 acres) for this VDOT project. Page 1 of 2 The Commonwealth of Virginia will provide $14,000 (Fourteen Thousand Dollars) in consideration of the County's providing the permanent and temporary easements. DISCUSSION: The proposed easements have been reviewed by Roanoke County Community Development Transportation staff to verify appropriate easement scope for the work planned. The easements are limited to property at the intersection corner and do not impact operation of the Courthouse/Jail complex. There have been no changes since the first reading held on January 24, 2017. FISCAL IMPACT: Fourteen Thousand Dollars ($14,000) for granted permanent and temporary easements. STAFF RECOMMENDATION: Staff recommends approval of the second reading of this ordinance. 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, FEBRUARY 14, 2017 ORDINANCE AUTHORIZING THE GRANTING OF PERMANENT DRAINAGE AND TRAFFIC EASEMENTS AND TEMPORARY CONSTRUCTION DRAINAGE EASEMENTS ON PROPERTY OWNED BY THE COUNTY OF ROANOKE AT 305 EAST MAIN STREET, SALEM, VIRGINIA TO THE COMMONWEALTH OF VIRGINIA FOR A ROAD IMPROVEMENT PROJECT ON U.S. ROUTE 11/460, EAST MAIN STREET IN SALEM, VIRGINIA WHEREAS, it is proposed by the Commonwealth of Virginia for a Virginia Department of Transportation (VDOT) road improvement project to widen or improve State Highway Route 460, Project 0460-12-105, R201, from 0.0060 Mi. E. Int. Rte. 311, to 0.1002 Mi. E. Int. Parkdale Drive, in City of Salem, Virginia; and WHEREAS, the improvements will add a turn lane, benefit pedestrian travel and provide drainage improvements beginning at the intersection of East Main Street and Thompson Memorial Drive and extending east approximately 0.55 miles. The project also includes traffic and pedestrian signal improvements; and WHEREAS, the Roanoke County Courthouse and Jail complex is located on the northwest corner at the intersection of East Main Street and Thompson Memorial Drive. This ordinance will provide the Commonwealth of Virginia with the necessary permanent traffic and drainage easements (0.029 acres) as well as a temporary construction drainage easement (0.013 acres) for this Virginia Department of Transportation (VDOT) project; and WHEREAS, the proposed easements will serve the interests of the public and is necessary for the public health, safety and welfare of citizens of the County of Roanoke; and Page 1 of 3 WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, first reading of this ordinance was held on January 24, 2017 and the second reading was held on February 14, 2017; and WHEREAS, pursuant to the provision of Section 16.01 of the Charter of Roanoke County, the interest in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance of the necessary permanent traffic and drainage easements, as well as a temporary construction drainage easement to the Commonwealth of Virginia for the completion of a VDOT road improvement project on property owned by the County of Roanoke located at the Roanoke County Courthouse/Jail complex. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the consideration of $1.00 cash for the permanent right and easement to use that certain land from opposite Route 460 East Main Street Construction base line Station 12+62.13 to opposite Route 460 East Main Street Station 13+93.20, containing 1,283 square feet (0.029 acres), more or less is hereby authorized. 2. The temporary right and easement to use that certain land from opposite approximate Route 460 East Main Street construction baseline Station 12+64.02 to opposite Route 460 East Main Street construction baseline Station 13+95.48, containing 565 square feet (0.013 acres), more or less is hereby authorized. 3. That the sum of $14,000 is accepted and appropriated from the Commonwealth of Virginia for the purpose of a permanent drainage easement, permanent traffic Page 2 of 3 easement, temporary construction easement for drainage, wall (D-900), any and all appurtenances thereon, and any and all damages. 4. That the County Administrator, or any Assistant County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 3 of 3 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Thomas C. Gates County Administrator ISSUE: All open appointments BACKGROUND: 1. Board of Zoning Appeals (appointed by District) The Windsor Hills five (5)-year term expired June 30, 2016. 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At- Large) The following District appointments remain open: Hollins Magisterial District Cave Spring Magisterial District At-Large (2) openings 3. Clean Valley Council (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expired June 30, 2015. Page 1 of 2 4. Economic Development Authority (EDA) (appointed by District) The following four-year term expired on September 26, 2015: a) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment 5. Library Board (appointed by District) The following four-year term expired on December 31, 2016 a) Heather Lawrence, representing the Vinton Magisterial District FISCAL IMPACT : There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: There is no staff recommendation associated with this agenda item. Page 2 of 2 I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 14, 2017 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for February 14, 2017, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes December 20, 2016 2. Resolution requesting acceptance of Berkeley Place Drive and Campbell View Lane into the Virginia Department of Transportation (VDOT) Secondary Road System 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Russell Bruce Lowe, Senior Appraiser, upon his retirement after twenty- seven (27) years of service 4. Confirmation of appointment to the Audit Committee 5. Request to accept and allocate grant funds in the amount of $2,633.10 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program Page 1 of 1 ACTION NO. ITEM NO. I.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Resolution requesting acceptance of Berkeley Place Drive and Campbell View Lane into the Virginia Department of Transportation (VDOT) Secondary Road System SUBMITTED BY: Tarek Moneir Deputy Director of Development APPROVED BY: Thomas C. Gates County Administrator ISSUE: Resolution requesting the Virginia Department of Transportation (VDOT) accept Berkeley Place Drive and Campbell View Lane into the Virginia Department of Transportation System. BACKGROUND: This Resolution requests the Virginia Department of Transportation (VDOT) accept, as described by the AM-4.3 form attached, 0.16 miles of Berkeley Place Drive from the intersection of Route 679 (Buck Mountain Road) to the end of its cul-de-sac, and 0.18 miles of Campbell View Lane from the intersection of Route 2021 (Berkeley Place Drive), to the end of its cul-de-sac. Berkeley Place Drive and Campbell View Lane are located in the Cave Spring Magisterial District. Exhibit A contains a location map. DISCUSSION: The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds them to be acceptable for inclusion in the Secondary Road system. FISCAL IMPACT: Page 1 of 2 There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: The staff recommends approval of the attached resolution. Page 2 of 2 Exhibit A 2 1 PROPOSED ADDITION(S) SHOWN IN BLUE DESCRIPTIONLENGTHROWWIDTHSERVICES As listed in the AM-4.3MilesFeetFeetHouses 1 . Berkeley Place Drive; From: Int. of Rt. 679 (Buck Mtn. Rd.), To: end of its cul-de-sac0.1640288 2. Campbell View Lane; From: Int. of Rt. 2021 (Berkeley Place Dr.), To: end of its cul-de-sac 0.18402817 ROANOKE COUNTY ACCEPTANCE OF BERKELEY PLACE DRIVE AND DEPARTMENT OF CAMPBELL VIEW LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SCONDARY SYSTEM COMMUNITY DEVLOPMENT In the County of Roanoke By resolution of the governing body adopted February 14, 2017 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): ____________________________________________ Report of Changes in the Secondary System of State Highways Project/Subdivision Berkeley Farms Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute:§33.2-705 Street Name and/or Route Number Berkeley Place Drive, State Route Number 2021 Old Route Number: 0 From: Int Rt. 679, Buck Mountain Road To: Int Rt. 2022, Campbell View Lane, a distance of: 0.13 miles. Recordation Reference: Inst #: 2008-09332 Right of Way width (feet) = 0 Street Name and/or Route Number Campbell View Lane, State Route Number 2022 Old Route Number: 0 From: Int Rt. 2021, Berkeley Place Drive To: End, Cul-de-sac, a distance of: 0.18 miles. Recordation Reference: Inst #: 2008-09332 Right of Way width (feet) = 0 Street Name and/or Route Number Berkeley Place Drive, State Route Number 2021 Old Route Number: 0 From: Int Rt. 2022, Campbell View Lane To: End, Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Inst #: 2008-09332 Right of Way width (feet) = 0 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: February 14, 2017 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, FEBRUARY 14, 2017 RESOLUTION REQUESTING ACCEPTANCE OF BERKELEY PLACE DRIVE AND CAMPBELL VIEW LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of TransportationSubdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention, which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, thE Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be Page 1 of 2 forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 2 of 2 ACTION NO. ITEM NO. I.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Russell Bruce Lowe, Senior Appraiser, upon his retirement after twenty-seven (27) years of service SUBMITTED BY: Deborah Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Thomas C. Gates County Administrator ISSUE: Recognition of the retirement of Russell Bruce Lowe BACKGROUND: Russell Bruce Lowe, Senior Appraiser with Real Estate, retired on January 1, 2017, after twenty-seven (27) years and six (6) months of service with Roanoke County. DISCUSSION: to his home. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. 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, FEBRUARY 14, 2017 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BRUCE B. LOWE, SENIOR APPRAISER, UPON HIS RETIREMENT AFTER MORE THAN TWENTY SEVEN (27) YEARS OF SERVICE WHEREAS, Bruce B. Lowe was employed by Roanoke County on June 26, 1989; and has served in the positions of Appraiser and Senior Appraiser in the Real Estate Valuation Department during his tenure with Roanoke County; and WHEREAS, Mr. Lowe retired on January 1, 2017, after twenty seven (27) years and six (6) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Mr. Lowe, throughout his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, Mr. Lowe retired as a Senior Appraiser with the Real Estate Valuation Office. It is extremely rare in our society today, to see an employee dedicate his professional life to one workplace for this period of time. Bruce is a military veteran that served in the Unites States Army stationed in Germany. After the military, Bruce returned to Wise, Virginia and received his degree from UVa-Wise. While employed by Roanoke County, Bruce earned his Certified Residential License, passed numerous IAAO and VAAO classes, became and has remained a member of the VAAO since 1989, and spent many hours mentoring new appraisers to the Roanoke County Real Estate Valuation Office. Bruce deserves much credit for his involvement with the many general reassessments and also his work and knowledge of single family and rural property appraisals he has completed for many years for Roanoke County. Not only has he been a Page 1 of 3 positive influence for the Real Estate Valuation Office, but he has played a major role while serving on committees for Roanoke County and the VAAO. Bruce has been a member and Chairman of the EAC for many years. During his tenure with EAC he helped with the Christmas Luncheons, and started a food donation program for departments throughout Roanoke County. This program allowed County employees to show their commitment to the community by donating canned food to our area food bank. Bruce was also instrumental in helping with Roanoke County picnics for employees while serving on this committee. Bruce served as a Board Director for the Virginia Association of Assessing Officers and served on many committees during his tenure with the VAAO. As a Director he was responsible for budget, legislation, seminars and conferences for the organization. He also was Chairman of the Land Use Committee and helped organize many seminars on Land Use for all those around the State of Virginia. He served on the Education Committee which provided education classes to those who work in the assessment field in the State of Virginia. As a member of the Education Committee, he also chaired a subcommittee which recommended candidates to take their first IAAO appraisal class. Bruce also served as Flag Bearer /Sargent at Arms. His commitments to the Roanoke County assessment process and his dedication to the Virginia Association of Assessing Officers were served with distinction. May your retirement be as great as the time we had with you in this office; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BRUCE B. LOWEfor more than twenty seven (27) years of capable, loyal and dedicated service to Roanoke County; and Page 2 of 3 FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 3 of 3 ACTION NO. ITEM NO. I.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Confirmation of appointments to the Audit Committee (at- Large) SUBMITTED BY: Deborah Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Thomas C. Gates County Administrator ISSUE: Confirmation of appointments BACKGROUND: The one-year term of Joseph P. McNamara and P. Jason Peters expired on December 31, 2016. It is the consensus of the Board to recommend reappointment of both Mr. McNamara and Mr. Peters to an additional term, which will expire on December 31, 2017. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of these appointments. Page 1 of 1 ACTION NO. ITEM NO. I.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 14, 2017 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $2,633.10 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program SUBMITTED BY: Lindsey Ayers APPROVED BY: Thomas C. Gates County Administrator ISSUE: Accept and allocate grant funds in the amount of $2,633.10 from the Commonwealth of Virginia for the Library of Virginia's Records Preservation Program. BACKGROUND: The Library of Virginia administers and oversees the Circuit Court Records Preservation Program (CCRP) to provide assistance to Circuit Courts. This program is designed to help localities in restoring old records and creating microfilm and/or digital copies of those records. Funding is handled in two cycles each year for this program and requires an application to be filed each time to be considered for an award. The awards are selected by the CCRP board with consideration given to the historical, informational, and administrative value of the records and the soundness of the proposed project. DISCUSSION: The Clerk of Circuit Court's Office has applied for a grant from the Library of Virginia's Records Preservation Program. This grant funding will be used to repair Land Record Map Books. FISCAL IMPACT: This is a state grant with 100% funding from the Commonwealth of Virginia. No County funds are required. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends accepting and allocating grant funds in the amount of $2,633.10 From the Commonwealth of Virginia to the Clerk of Circuit Court for the Virginia Circuit Court Records Preservation Program. Page 2 of 2 October 26, 2016 Honorable Steven A. McGraw, Sr. Roanoke County Clerk of the Circuit Court 305 E. Main Street/P.O. Box 1126 Salem, VA 24153-1126 Dear Hon. Steven A. McGraw, Sr., Please find enclosed the proposal for the conservation/treatment of the six Roanoke County volumes and optional pricing for archival image capture and security backups on 35 mm archival microfilm. Our reports are prepared in cooperation with John Tinsley of Caskie Graphics, Inc. The preservation techniques employed at Kofile Technologies, Inc. (Kofile) are of the utmost quality and professionalism. The craftsmanship applied in all projects entrusted to Kofile, large or small, is held to the highest standards. Upper management attend continuing education conferences and hold professional memberships with the American Institute for the Conservation of Historic and Artistic Works (AIC). Kofile is an institutional member of the AIC and is enlisted in its Book & Paper Group and subscribes to the AIC Code of Ethics & Standards of Practice. In 2013, Kofile was awarded a Library of Congress FEDLINK contract to perform Preservation Services for Library & Archival Collections. All work for the Library of Virginia (LVA) Grants will be performed at our RecordSave division in Greensboro, NC. Like all Kofile locations, RecordSave employs experienced labor and trained conservators. In addition, our business relationship provides additional resources and knowledge in conservation work. Kofile will follow all recommendations made by the LVA in the treatments of each book. If any treatment is not possible, Kofile will contact LVA to discuss any changes in the treatment plan. Kofile estimates a project timeline of 4 6 months Kofile will handle the transportation of all books and documents without the use of third party shippers. Representatives from Kofile will pick up the books from each County and deliver those books back to the LVA for their quality assurance review. Please do not hesitate to contact us if you have any questions. Sincerely, Brian Spearman John Tinsley Brian Spearman John Tinsley 704/560.2210 800/244.9038 brian.spearman@kofile.us tinsleyj83@gmail.com rmh 7903 THORNDIKE ROAD, GREENSBORO, NC 27409 PAGE 1 I 20 ROANOKE COUNTY, VA P: 336/542-5115 F: 336/283-5327 INFO@KOFILE.US CIRCUIT COURT ITEM CONSERVATION October 26, 2016 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION PRICING OVERVIEW OPTIONAL REFORMATTING* ITEM RECORD SERIES IMAGING MICROFILM NO. TITLE VOLUME CONSERVATION LINE ITEM TOTAL 1 Roads 7 $2,416.00 $146.10* $71.00* $2,633.10 $3,176.00 $181.60* $81.00* $3,438.60 2 Roads 8 3 Roads 9 $4,136.00 $279.60* $191.00* $4,606.60 4 Roads 10 $5,088.00 $240.80* $150.50* $5,479.30 5 Roads 11 $4,056.00 $256.10* $123.50* $4,435.60 6 Roads 12 $3,648.00 $215.30* $98.00* $3,961.30 TOTAL $22,520.00 $1,319.50 $715.00* $24,554.50 *Please note that the imaging and microfilming pricing is only valid in conjunction with the conservation services. Should imaging be required with no conservation services, then imaging pricing is subject to change. PAGE 2 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONDITION REPORT & TREATMENT REPORT ITEM NO. 1 RECORD SERIES TITLE Roads VOLUME 7 DATE N/A PAGE COUNT Library of Virginia: 142 pp. Kofile: 142 pp. SIZE CONDITION Library of Virginia: SUMMARY Bound. Pages are brittle and chipped and have degraded pressure sensitive tape and brass fasteners. Five oversized plats glued in. Kofile: The data is recorded on manuscript or handwritten sheets. The paper is brittle, chipping, and damaged from previous folding. This volume contains degraded non-archival, pressure sensitive tape repairs and brass fasteners throughout, see photographs. This volume also houses five oversized plats glued to the pages, see photographs. CONSERVATION/Library of Virginia: TREATMENT Remove tape and adhesive residue, remove brass clips. Remove PROPOSAL plats from pages and remove glue residue from pages and plats. Mend pages and plats. Deacidify, encapsulate and post bind in new canvas binder. Oversized plats require folded encapsulations. Note: Binders must be Enduro Heritage Record type post binders or equivalent, with heavy duty nickel-plated metal posts and locking bars and heavy canvas or leatherette covering. Kofile: Document Make a written and photographic record. Create permanent log including current condition, page order, and treatments. Dismantle Dismantle by hand without guillotining documents and remove all threads (if applicable). Surface Clean Surface clean sheets to remove material deposits. This includes airborne particulate, sedimentation from water damage, mold/mildew residue, micro-organic growth, insect detritus, or biological/mineral contaminants. Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser. Tape and/or Adhesive Reduction Remove all tape and previous mending materials to the furthest extent possible without causing damage to paper and inks. Reduce resident adhesives to the furthest extent possible without causing damage to paper and inks. PAGE 3 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONSERVATION/Kofile: TREATMENT Plats Any enclosed Plats shall be removed, conserved, and PROPOSAL separately encapsulated at the correct Book and Page. Oversized Plats are conserved, encapsulated, and inserted into the books as folded encapsulations, if requested. Mend For items undergoing encapsulation, tears are mended with archival materials. Deacidify Deacidify sheets after careful testing. Bookkeeper® Deacidification Spray by Preservation Technologies, LP is applied to both sides of the sheet. This spray is a magnesium oxide that deacidifies (or neutralizes) acidic inks and paper by providing an alkaline reserve. Random testing ensures an 8.5 pH with a deviation of no more than ± .5. Encapsulate Encapsulate each sheet and/or plat in a 2 mil Lay Flat Archival Polyester Pocket exposed edges. Each custom envelope is composed of SKC Films, Skyroll SH72S® Mylar and includes a patented lay flat design. This envelope is welded to prevent invasion of atmospheric pollutants. Bind Rebind in a custom full canvas binder. This will be a post binder. A volume may return splitthis is dependent upon page count and the added weight of the Mylar. Index tabs for each carrier page will be inserted into the binder in front of its related pages. A dedication and treatment report is included in the binder, as requested. Quality Control Final quality check (page-by-page) with reference to original log sheet. *OPTIONAL, REFORMATTING Standards & Formatting Capture images at a minimum of 300 dpi. Digitized images are accumulated as Group IV bi-tonal images in a standard TIFF format. Quality Control Each image is checked to verify legibility through rigorous and systematic quality control procedures. PAGE 4 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 PRICE PROPOSAL ITEM NO. 1 RECORD LEVEL OF SERVICE DESCRIPTION UNIT UNIT LINE ITEM SERIES TITLE PRICE TOTAL Roads 142 $8.00 $1,136.00 CONSERVATION/ Tri-Fold Full Service Specifications TREATMENT Vol. 7 5 $40.00 $200.00 Special Treatments: Glued Attachments 5 $40.00 $200.00 Plat Special Treatments: Tape & Adhesive Reduction 5 $70.00 $350.00 Plat Special Treatments: Advanced Mending (Very Poor Condition) 5 $50.00 $250.00 Special Treatments: Folded Encapsulation 1 $200.00 $200.00 Special Treatments: Poly Index Tabs 1 $80.00 $80.00 Transport 142 $0.80 $113.60 REFORMATTING Tri-Fold Archival Imaging 5 $6.50 $32.50 Oversized Plat: Archival Imaging 142 $0.50 $71.00 35 mm Microfilm TOTAL PRICE $2,633.10 PAGE 5 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONDITION REPORT & TREATMENT REPORT ITEM NO. 2 RECORD SERIES TITLE Roads VOLUME 8 DATE N/A PAGE COUNT Library of Virginia: 162 pp. Kofile: 162 pp. SIZE Letter, Legal, Plus CONDITION Library of Virginia: SUMMARY Leaves are attached with brass clips. Pages have attachments that are stapled, glued and taped. Paper is crumpled, torn, chipped. Pressure sensitive tape present throughout with dark adhesive residue. Two oversized attachments. Kofile: The data is recorded on manuscript and typescript sheets. Volume has 20 pages with pressure sensitive tape and 8 that have oversized attachments requiring folded encapsulation. CONSERVATION/Library of Virginia: TREATMENT Remove attachments from pages. Remove tape/adhesive residue, PROPOSAL glue residue and staples. Repair pages. Deacidify, encapsulate and post bind. Oversize items require folded encapsulations. Reformatting: Clerk requests digital images. Minimum resolution300 dpi. Note: Binders must be Enduro Heritage Record type post binders or equivalent, with heavy duty nickel-plated metal posts and locking bars and heavy canvas or leatherette covering. Kofile: Document Make a written and photographic record. Create permanent log including current condition page order and treatments. Dismantle Dismantle by hand without guillotining documents and remove all threads (if applicable). Attachments This volume has some attachments. These attachments will be conserved, encapsulated, and bound with the volume. PAGE 6 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONSERVATION/Kofile: TREATMENT Surface Clean Surface clean sheets to remove material deposits. PROPOSAL This includes airborne particulate, sedimentation from water damage, mold/mildew residue, micro-organic growth, insect detritus, or biological/mineral contaminants. Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser. Tape and/or Adhesive Reduction Remove all tape and previous mending materials to the furthest extent possible without causing damage to paper and inks. Reduce resident adhesives to the furthest extent possible without causing damage to paper and inks. Mend For items undergoing encapsulation, tears are mended with archival materials. Deacidify Deacidify sheets after careful testing. Bookkeeper® Deacidification Spray by Preservation Technologies, LP is applied to both sides of the sheet. This spray is a magnesium oxide that deacidifies (or neutralizes) acidic inks and paper by providing an alkaline reserve. Random testing ensures an 8.5 pH with a deviation of no more than ± .5. Encapsulate Encapsulate each sheet and/or plat in a 2 mil Lay Flat Archival Polyester Pocket exposed edges. Each custom envelope is composed of SKC Films, Skyroll SH72S® Mylar and includes a patented lay flat design. This envelope is welded to prevent invasion of atmospheric pollutants. Bind Rebind in a custom full canvas binder. This will be a post binder. A volume may return splitthis is dependent upon page count and the added weight of the Mylar. Index tabs for each carrier page will be inserted into the binder in front of its related pages. A dedication and treatment report is included in the binder, as requested. Quality Control Final quality check (page-by-page) with reference to original log sheet. *OPTIONAL, REFORMATTING Standards & Formatting Capture images at a minimum of 300 dpi. Digitized images are accumulated as Group IV bi-tonal images in a standard TIFF format. Each carrier page will be a separate digital folder with individual pages sorted into appropriate subfolders. Quality Control Each image is checked to verify legibility through rigorous and systematic quality control procedures. PAGE 7 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 PRICE PROPOSAL ITEM NO. 2 RECORD LEVEL OF SERVICE DESCRIPTION UNIT UNIT PRICE LINE ITEM SERIES TITLE TOTAL Roads 162 $8.00 $1,296.00 CONSERVATION/ Tri-Fold Full Service Specifications TREATMENT Vol. 8 8 $200.00 $1,600.00 Special Treatments: Oversize Volume 1 $200.00 $200.00 Special Treatments: Poly Index Tabs 1 $80.00 $80.00 Transport 162 $0.80 $129.60 REFORMATTING Tri-Fold Archival Imaging 8 $6.50 $52.00 Oversize Tri-Fold Archival Imaging 162 $0.50 $81.00 35 mm Microfilm TOTAL PRICE $3,438.60 PAGE 8 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONDITION REPORT & TREATMENT REPORT ITEM NO. 3 RECORD SERIES TITLE Roads VOLUME 9 DATE N/A PAGE COUNT Library of Virginia: 382 pp. Kofile: 382 pp. SIZE Letter, Legal, Plus CONDITION Library of Virginia: SUMMARY Leaves attached with brass clips. Pages have attachments that are stapled, glued and taped. Paper is crumpled, torn, chipped. Pressure sensitive tape present throughout with dark adhesive residue. Four oversized attachments. Kofile: The data is recorded on manuscript and typescript sheets. Volume has 4 oversized attachments requiring folding encapsulation. CONSERVATION/Library of Virginia: TREATMENT Remove attachments from pages. Remove tape/adhesive residue, PROPOSAL glue residue and staples. Repair pages. Deacidify, encapsulate and post bind. Oversize items require folded encapsulations. Very large ones requiring more than two folds can be folded inside an open sleeve. Reformatting: Clerk requests digital images. Minimum resolution300 dpi. Note: Binders must be Enduro Heritage Record type post binders or equivalent, with heavy duty nickel-plated metal posts and locking bars and heavy canvas or leatherette covering. Kofile: Document Make a written and photographic record. Create permanent log including current condition, page order, and treatments. Dismantle Dismantle by hand without guillotining documents and remove all threads (if applicable). Surface Clean Surface clean sheets to remove material deposits. This includes airborne particulate, sedimentation from water damage, mold/mildew residue, micro-organic growth, insect detritus, or biological/mineral contaminants. Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser. PAGE 9 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONSERVATION/Kofile: TREATMENT Tape and/or Adhesive Reduction Remove all tape and previous PROPOSAL mending materials to the furthest extent possible without causing damage to paper and inks. Reduce resident adhesives to the furthest extent possible without causing damage to paper and inks. Plats Any enclosed Plats shall be removed, conserved, and separately encapsulated at the correct Book and Page. Oversized Plats are conserved, encapsulated, and inserted into the books as folded encapsulations, if requested. Mend For items undergoing encapsulation, tears are mended with archival materials. Deacidify Deacidify sheets after careful testing. Bookkeeper® Deacidification Spray by Preservation Technologies, LP is applied to both sides of the sheet. This spray is a magnesium oxide that deacidifies (or neutralizes) acidic inks and paper by providing an alkaline reserve. Random testing ensures an 8.5 pH with a deviation of no more than ± .5. Encapsulate Encapsulate each sheet and/or plat in a 2 mil Lay Flat Archival Polyester Pocket exposed edges. Each custom envelope is composed of SKC Films, Skyroll SH72S® Mylar and includes a patented lay flat design. This envelope is welded to prevent invasion of atmospheric pollutants. Bind Rebind in a custom full canvas binder. This will be a post binder. A volume may return splitthis is dependent upon page count and the added weight of the Mylar. Index tabs for each carrier page will be inserted into the binder in front of its related pages. A dedication and treatment report is included in the binder, as requested. Quality Control Final quality check (page-by-page) with reference to original log sheet. *OPTIONAL, REFORMATTING Standards & Formatting Capture images at a minimum of 300 dpi. Digitized images are accumulated as Group IV bi-tonal images in a standard TIFF format. Quality Control Each image is checked to verify legibility through rigorous and systematic quality control procedures. PAGE 10 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 PRICE PROPOSAL ITEM NO. 3 RECORD LEVEL OF SERVICE DESCRIPTION UNIT UNIT LINE ITEM SERIES TITLE PRICE TOTAL Roads 382 $8.00 $3,056.00 CONSERVATION/ Tri-Fold Full Service Specifications TREATMENT Vol. 9 4 $200.00 $800.00 Special Treatments: Oversize 1 $200.00 $200.00 Special Treatments: Poly Index Tabs 1 $80.00 $80.00 Transport 317 $0.80 $253.60 REFORMATTING Tri-Fold Archival Imaging 4 $6.50 $26.00 Oversize Tri-Fold Archival Imaging 382 $0.50 $191.00 35 mm Microfilm TOTAL PRICE $4,606.60 PAGE 11 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONDITION REPORT & TREATMENT REPORT ITEM NO. 4 RECORD SERIES TITLE Roads VOLUME 10 DATE N/A PAGE COUNT Library of Virginia: 301 pp. Kofile: 301 pp. SIZE Letter, Legal, Plus CONDITION Library of Virginia: SUMMARY Leaves attached with bass clips. Pages have attachments that are stapled, glued and taped. Paper is crumpled, torn, chipped. Pressure sensitive tape present throughout with dark adhesive residue. Twelve oversized attachments, also a booklet. Kofile: The data is recorded on manuscript and typescript sheets. There are 12 oversized attachments requiring folding encapsulation. CONSERVATION/Library of Virginia: TREATMENT Remove attachments from pages. Remove tape/adhesive residue, PROPOSAL glue residue and staples. Repair pages. Deacidify, encapsulate and post bind. Oversize items require folded encapsulations. Very large ones requiring more than two folds can be folded inside an open sleeve, as well as the booklet. Reformatting: Clerk requests digital images. Minimum resolution300 dpi. Note: Binders must be Enduro Heritage Record type post binders or equivalent, with heavy duty nickel-plated metal posts and locking bars and heavy canvas or leatherette covering. Kofile: Document Make a written and photographic record. Create permanent log including current condition, page order, and treatments. Dismantle Dismantle by hand without guillotining documents and remove all threads (if applicable). Surface Clean Surface clean sheets to remove material deposits. This includes airborne particulate, sedimentation from water damage, mold/mildew residue, micro-organic growth, insect detritus, or biological/mineral contaminants. Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser. PAGE 12 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONSERVATION/Kofile: TREATMENT Tape and/or Adhesive Reduction Remove all tape and previous PROPOSAL mending materials to the furthest extent possible without causing damage to paper and inks. Reduce resident adhesives to the furthest extent possible without causing damage to paper and inks. Plats Any enclosed Plats shall be removed, conserved, and separately encapsulated at the correct Book and Page. Oversized Plats are conserved, encapsulated, and inserted into the books as folded encapsulations, if requested. Mend For items undergoing encapsulation, tears are mended with archival materials. Deacidify Deacidify sheets after careful testing. Bookkeeper® Deacidification Spray by Preservation Technologies, LP is applied to both sides of the sheet. This spray is a magnesium oxide that deacidifies (or neutralizes) acidic inks and paper by providing an alkaline reserve. Random testing ensures an 8.5 pH with a deviation of no more than ± .5. Encapsulate Encapsulate each sheet and/or plat in a 2 mil Lay Flat Archival Polyester Pocket exposed edges. Each custom envelope is composed of SKC Films, Skyroll SH72S® Mylar and includes a patented lay flat design. This envelope is welded to prevent invasion of atmospheric pollutants. Bind Rebind in a custom full canvas binder. This will be a post binder. A volume may return splitthis is dependent upon page count and the added weight of the Mylar. Index tabs for each carrier page will be inserted into the binder in front of its related pages. A dedication and treatment report is included in the binder, as requested. Quality Control Final quality check (page-by-page) with reference to original log sheet. *OPTIONAL, REFORMATTING Standards & Formatting Capture images at a minimum of 300 dpi. Digitized images are accumulated as Group IV bi-tonal images in a standard TIFF format. Quality Control Each image is checked to verify legibility through rigorous and systematic quality control procedures. PAGE 13 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 PRICE PROPOSAL ITEM NO. 4 RECORD LEVEL OF SERVICE DESCRIPTION UNIT UNIT LINE ITEM SERIES TITLE PRICE TOTAL Roads 301 $8.00 $2,408.00 CONSERVATION/ Tri-Fold Full Service Specifications TREATMENT Vol. 10 12 $200.00 $2,400.00 Special Treatments: Glued Attachments 1 $200.00 $200.00 Special Treatments: Poly Index Tabs 1 $80.00 $80.00 Transport 301 $0.80 $240.80 REFORMATTING Tri-Fold Archival Imaging 301 $0.50 $150.50 35 mm Microfilm TOTAL PRICE $5,479.30 PAGE 14 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONDITION REPORT & TREATMENT REPORT ITEM NO. 5 RECORD SERIES TITLE Roads VOLUME 11 DATE N/A PAGE COUNT Library of Virginia: 247 pp. Kofile: 247 pp. SIZE Letter, Legal, Plus CONDITION Library of Virginia: SUMMARY Leaves attached with brass clips. Pages have attachments that are stapled, glued and taped. Paper is crumpled, torn, chipped. Pressure sensitive tape present throughout with dark adhesive residue. Nine oversized attachments. Kofile: The data is recorded on manuscript and typescript sheets. There are 9 oversized attachments requiring folding encapsulation. CONSERVATION/Library of Virginia: TREATMENT Remove attachments from pages. Remove tape/adhesive residue, PROPOSAL glue residue and staples. Repair pages. Deacidify, encapsulate and post bind. Oversize items require folded encapsulations. Very large ones requiring more than two folds can be folded inside an open sleeve. Reformatting: Clerk requests digital images. Minimum resolution300 dpi. Note: Binders must be Enduro Heritage Record type post binders or equivalent, with heavy duty nickel-plated metal posts and locking bars and heavy canvas or leatherette covering. Kofile: Document Make a written and photographic record. Create permanent log including current condition, page order, and treatments. Dismantle Dismantle by hand without guillotining documents and remove all threads (if applicable). Surface Clean Surface clean sheets to remove material deposits. This includes airborne particulate, sedimentation from water damage, mold/mildew residue, micro-organic growth, insect detritus, or biological/mineral contaminants. Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser. PAGE 15 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONSERVATION/Kofile: TREATMENT Tape and/or Adhesive Reduction Remove all tape and previous PROPOSAL mending materials to the furthest extent possible without causing damage to paper and inks. Reduce resident adhesives to the furthest extent possible without causing damage to paper and inks. Plats Any enclosed Plats shall be removed, conserved, and separately encapsulated at the correct Book and Page. Oversized Plats are conserved, encapsulated, and inserted into the books as folded encapsulations, if requested. Mend are mended with archival materials. Deacidify Deacidify sheets after careful testing. Bookkeeper® Deacidification Spray by Preservation Technologies, LP is applied to both sides of the sheet. This spray is a magnesium oxide that deacidifies (or neutralizes) acidic inks and paper by providing an alkaline reserve. Random testing ensures an 8.5 pH with a deviation of no more than ± .5. Encapsulate Encapsulate each sheet and/or plat in a 2 mil Lay Flat Archival Polyester Pocket exposed edges. Each custom envelope is composed of SKC Films, Skyroll SH72S® Mylar and includes a patented lay flat design. This envelope is welded to prevent invasion of atmospheric pollutants. Bind Rebind in a custom full canvas binder. This will be a post binder. A volume may return splitthis is dependent upon page count and the added weight of the Mylar. Index tabs for each carrier page will be inserted into the binder in front of its related pages. A dedication and treatment report is included in the binder, as requested. Quality Control Final quality check (page-by-page) with reference to original log sheet. *OPTIONAL, REFORMATTING Standards & Formatting Capture images at a minimum of 300 dpi. Digitized images are accumulated as Group IV bi-tonal images in a standard TIFF format. Quality Control Each image is checked to verify legibility through rigorous and systematic quality control procedures. PAGE 16 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 PRICE PROPOSAL ITEM NO. 5 RECORD LEVEL OF SERVICE DESCRIPTION UNIT UNIT PRICE LINE ITEM SERIES TITLE TOTAL Roads 247 $8.00 $1,976.00 CONSERVATION/ Tri-Fold Full Service Specifications TREATMENT Vol. 11 9 $200.00 $1,800.00 Special Treatments: Oversized 1 $200.00 $200.00 Special Treatments: Poly Index Tabs 1 $80.00 $80.00 Transport 247 $0.80 $197.60 REFORMATTING Tri-Fold Archival Imaging 9 $6.50 $58.50 Oversized Tri-Fold Archival Imaging 247 $0.50 $123.50 35 mm Microfilm TOTAL PRICE $4,435.60 PAGE 17 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONDITION REPORT & TREATMENT REPORT ITEM NO. 6 RECORD SERIES TITLE Roads VOLUME 12 DATE N/A PAGE COUNT Library of Virginia: 196 pp. Kofile: 196 pp. SIZE Letter, Legal, Plus CONDITION Library of Virginia: SUMMARY Leaves attached with brass clips. Pages have attachments that are stapled, glued and taped. Paper is crumpled, torn, chipped. Pressure sensitive tape present throughout with dark adhesive residue. Nine oversized attachments. Kofile: The data is recorded on manuscript and typescript sheets. There are 9 oversized attachments requiring folding encapsulation. CONSERVATION/Library of Virginia: TREATMENT Remove attachments from pages. Remove tape/adhesive residue, PROPOSAL glue residue and staples. Repair pages. Deacidify, encapsulate and post bind. Oversize items require folded encapsulations. Very large ones requiring more than two folds can be folded inside an open sleeve. Reformatting: Clerk requests digital imagers. Minimum resolution 300 dpi. Note: Binders must be Enduro Heritage Record type post binders or equivalent, with heavy duty nickel-plated metal posts and locking bars and heavy canvas or leatherette covering. Kofile: Document Make a written and photographic record. Create permanent log including current condition, page order, and treatments. Dismantle Dismantle by hand without guillotining documents and remove all threads (if applicable). Surface Clean Surface clean sheets to remove material deposits. This includes airborne particulate, sedimentation from water damage, mold/mildew residue, micro-organic growth, insect detritus, or biological/mineral contaminants. Tools include a microspatula, soft dusting brush, latex sponge, powdered vinyl eraser, or soft block eraser. PAGE 18 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 CONSERVATION/Kofile: TREATMENT Tape and/or Adhesive Reduction Remove all tape and previous PROPOSAL mending materials to the furthest extent possible without causing damage to paper and inks. Reduce resident adhesives to the furthest extent possible without causing damage to paper and inks. Plats Any enclosed Plats shall be removed, conserved, and separately encapsulated at the correct Book and Page. Oversized Plats are conserved, encapsulated, and inserted into the books as folded encapsulations, if requested. Mend For items undergoing encapsulation, tears are mended with archival materials. Deacidify Deacidify sheets after careful testing. Bookkeeper® Deacidification Spray by Preservation Technologies, LP is applied to both sides of the sheet. This spray is a magnesium oxide that deacidifies (or neutralizes) acidic inks and paper by providing an alkaline reserve. Random testing ensures an 8.5 pH with a deviation of no more than ± .5. Encapsulate Encapsulate each sheet and/or plat in a 2 mil Lay Flat Archival Polyester Pocket exposed edges. Each custom envelope is composed of SKC Films, Skyroll SH72S® Mylar and includes a patented lay flat design. This envelope is welded to prevent invasion of atmospheric pollutants. Bind Rebind in a custom full canvas binder. This will be a post binder. A volume may return splitthis is dependent upon page count and the added weight of the Mylar. Index tabs for each carrier page will be inserted into the binder in front of its related pages. A dedication and treatment report is included in the binder, as requested. Quality Control Final quality check (page-by-page) with reference to original log sheet. *OPTIONAL, REFORMATTING Standards & Formatting Capture images at a minimum of 300 dpi. Digitized images are accumulated as Group IV bi-tonal images in a standard TIFF format. Quality Control Each image is checked to verify legibility through rigorous and systematic quality control procedures. PAGE 19 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 PRICE PROPOSAL ITEM NO. 6 RECORD LEVEL OF SERVICE DESCRIPTION UNIT UNIT PRICE LINE ITEM SERIES TITLE TOTAL Roads 196 $8.00 $1,568.00 CONSERVATION/ Tri-Fold Full Service Specifications TREATMENT Vol. 12 9 $200.00 $1,800.00 Special Treatments: Oversized 1 $200.00 $200.00 Special Treatments: Poly Index Tabs 1 $80.00 $80.00 Transport 199 $0.80 $156.80 REFORMATTING Tri-Fold Archival Imaging 9 $6.50 $58.50 Oversized Tri-Fold Archival Imaging 196 $0.50 $98.00 35 mm Microfilm TOTAL PRICE $3,961.30 PAGE 20 I 20 ROANOKE COUNTY, VA CIRCUIT COURT ITEM CONSERVATION October 26, 2016 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: OutstandingOutstanding June 30, 2016AdditionsDeletionsFebruary 14, 2017 General Obligation Bonds$4,497,704$-$-$4,497,704 VPSA School Bonds95,149,8068,159,10086,990,706 Lease Revenue Bonds81,150,705-2,740,00078,410,705 $180,798,215$-$10,899,100-$169,899,115 Submitted ByRebecca E. Owens Director of Finance Approved ByThomas C. Gates CountyAdministrator AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 14, 2017 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 members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 1