Council accepts sole bid for Rosedale encroachment franchise; public hearing set

Lynchburg City Council accepted the sole bid for an encroachment franchise tied to the Rosedale subdivision and set a public hearing on the ordinance for the same evening.

Miss Finney, the city clerk, read the bidder letter of commitment on May 13: the submission was from Rosedale Investments LLC, Rosedale Owners Association, Inc., and Thomas P. Bell for an ordinance granting those parties a franchise to permit work, maintenance or removal of a plate-arch encroachment in the public right-of-way near 1600 Grays Mill Road in Lynchburg.

Council members discussed the technical and environmental background of the item. Councilman Mishins asked, “What's a plate arch?” City staff (Mr. Newland) explained the term refers to a large culvert — described in the packet as a “plate arch” or bottomless culvert — placed under a roadway as part of subdivision work and said the franchise would allow subdivision approval while the culvert’s ownership and related liabilities remained with the developer or association. The matter arose because the city sought to avoid environmental liabilities tied to the culvert and to allow subdivision and roadway dedications to proceed while leaving responsibility for the culvert and any regulatory remediation with the property owners and franchisees.

Councilor Timmer said the franchise assigns responsibility for remediation to the developer in light of EPA/DEQ concerns about the culvert, and she expressed support for the franchise as a way for the city to proceed with needed road dedications and development. Timmer also asked whether work on the culvert could interfere with traffic; city staff responded that franchise language makes the franchisee responsible for costs when maintenance materially interferes with city operations and that franchise rights are subordinate to the city’s rights to maintain the right-of-way.

After discussion, a council member moved to accept the sole bid and a second was recorded. The council cast roll-call votes (affirmative votes recorded for Councilor Ferraldi, Councilor Missions, Councilor Reed, Councilor Zimmer, Councilor Wilder, Vice Mayor Deemer and Mayor Taylor). The motion passed 7-0. Councilors recorded that a public hearing on adoption of the ordinance granting the franchise would be held that evening at 7 p.m.

No ordinance was adopted at the work session; the public hearing and potential adoption were scheduled for the council meeting later that evening.

The franchise agreement as described in the packet includes successor/assignability language and an article requiring the franchisee and Rosedale Owners Association to pay costs for maintenance that materially interferes with city operations. Staff also said the franchise and rights will run with the title and be binding on successor owners and assigns and that assignment typically requires administrative approval to change the party ultimately responsible.