Loading...
HomeMy WebLinkAboutCouncil Actions 10-01-07 FITZPATRICK 37915-100107 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 1, 2007 9:00 A.M. ROOM 159 AGENDA Call to Order -- Roll Call Mayor Harris and Council Member Wishneff were absent. Council Member Fitzpatrick arrived late. A communication from Vice-Mayor David B. Trinkle requesting a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended. Approved (4-0) (Counc,il Member Fitzpatrick was not present when the vote was recorded.) A communication from Vice-Mayor David B. Trinkle requesting a Closed Meeting to discuss the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(l 0), Code of Virginia (1950), as amended. WITHDRAWN I Items for discussion at the joint meeting of the Council and the City Planning Commission on Monday, November 5, 2007, at 12:00 noon in the EOC Conference Room, Room 159. (5 minutes) All agenda items were requested to be forwarded to the City Manager or City Clerk. Items listed on the 2:00 p.m. Council docket requiring discussion/clarification and additions/deletions to the 2:00 p.m. agenda. NONE. Topics for discussion by the Vice-Mayor and Members of Council. NONE. BRIEFINGS: . Stepped Plaza Emergency Operations Plan 30 minutes 30 minutes . THE COUNCIL MEETING WAS DECLARED IN RECESS AT 10:05 A.M., AND RECONVENED AT 11 :30 A.M., FOR CONTINUATION OF 9:00 A.M. BRIEFINGS. THE COUNCIL MEETING WAS DECLARED IN RECESS AT 12:15 P.M., FOR A JOINT MEETING WITH THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY, BOARD OF COMMISSIONERS. 2 RoANOKE ~ REDEVELOPMENT AND HOUSING AuTHoRITY Partners in Progress ROANOKE CITY COUNCIL ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY JOINT MEETING OCTOBER 1,2007 12:00 NOON ROOM 159 AGENDA 1 . CALL TO ORDER. 2. ROLL CALL: Roanoke Redevelopment and Housing Authority Board of Commissioners 3. WELCOME: Vice-Mayor Trinkle Vice-Chair Lee 4. BLESSING AND LUNCH. 5. DISCUSSION ITEMS: . HUD Audit Update . Redevelopment Projects - South Jefferson Redevelopment Area, Day Avenue . Future Joint Ventures between RRHA and the City . Maple Shade Apartments - Status of the Property and Plans 6. COMMENTS BY COUNCIL MEMBERS/BOARD OF COMMISSONERS. 7. RECESS/ADJOURN. 3 The Council Meeting was declared in recess at 12:50 p.m., and immediately reconvened, with Vice-Mayor Trinkle presiding. An oral request of the City Manager for the Council to convene in Closed Meeting to discuss the disposition of publicly owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. (3-0, Council Member Dowe was not present when the vote was taken.) 4 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 1, 2007 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RoII Call. Mayor Harris and Council Member Wishneff were absent. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor David B. Trinkle. Welcome. Vice-Mayor Trinkle. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, October 4, 2007, at 7:00 p.m., and Saturday, October 6, 2007, at 4:00 p.m. Council meetings are offered with closed captioning forthe hearing impaired. 5 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 6 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring October 2007 as Disability Employment Awareness Month. Proclamation was presented to Bob Seiff, Vice-Chair, Mayor's Committee for People with Disabilities, and Mr. Tom Wood with Rehabilitative Services. Proclamation declaring October 2007 as Domestic Violence Awareness Month. Proclamation was presented to Ms. Darlene Young and Captain Richard White, The Salvation Army's Turning Point Shelter. Proclamation declaring October 2007 as Crime Prevention Month. Proclamation was presented to Police Chief Joe Gaskins. Proclamation declaring October 2007 as Diversity Awareness Month. Proclamation was presented to Dana Long, Chair; Lynn Marie Lee, Vice- Chair; and Gwin Ellis, Project Manager. Proclamation declaring Saturday, October 6,2007 as Fall Waterways Cleanup and Celebration Day. Proclamation was presented to Gary Hegner, Parks Superintendent. Proclamation declaring October 7 - 13, 2007 as Mental Illness Awareness Week. Proclamation was presented to Phyllis Scruggs, President. Proclamation declaring October 7 - 13, 2007 as Fire Prevention Week. Proclamation was presented to Fire Chief David Hoback. Presentation of the Government Finance Officers Certificates of Achievement for Excellence in Financial Reporting. Awards were presented to Dawn Hope and Harold Harless, Jr. 7 3. CONSENT AGENDA (APPROVED 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The Vice-Mayor advised that the City Manager has requested that her request for a public hearing to be scheduled for Thursday, October 18, 2007, with regard to conveyance of City-owned property to Edward B. Walker be tabled until Monday, November 19, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in order for the City to extend its solicitation for proposals until November 5, 2007. C-1 A communication from the City Manager requesting that Council schedule a public hearing for Thursday, October 18, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, to execute a lease with Francine Barish-Stern Bray, d/b/a Creations, for space located in the City Market Building. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Thursday, October 18, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to conveyance of City-owned property located at 301 6th Street, S. W., to Edward B. Walker. TABLED C-3 A report of qualification of Barry W. Baird as a member of the Local Board of Building Code Appeals, for a term ending September 30, 2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 4. PUBLIC HEARINGS: a. Request of the City Planning Commission to amend Chapter 36.2, Zoninq, Code of the City of Roanoke (1979), as amended, in order to update the Floodplain Overlay District (F) regulations. Thomas Carr, Director of Planning, Building and Development, Spokesperson. Adopted Ordinance No. 37915-100107. (5-0) 8 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Fiscal Year 2008 Virginia Department of Fire Programs Fund Grant; and appropriation of funds. Adopted Resolution No. 37916-100107 and Budget Ordinance No. 37917-100107. (5-0) 2. Adoption of the 2007 Edition of the Emergency Operations Plan for the City of Roanoke. Adopted Resolution No. 37918-100107. (5-0) 3. Adoption of a resolution in support of an additional project to the Virginia Department of Transportation's Six-Year Improvement Program for FY2008-2013. Adopted Resolution No.3 7919-100107. (5-0) 4. Adoption of a proposed Stormwater Management Ordinance and Stormwater Design Manual. Adopted Ordinance No. 37920-100107. (5-0) 5. Approval of a special military pay policy for reservists and members of the National Guard who are called to active duty between October 1, 2007 and September 30, 2008. Adopted Resolution No. 37921-100107. (5-0) 6. Authorization to execute new City/State Agreements in connection with the rehabilitation of the Virginian Railway Passenger Station. Adopted Resolution No. 37922-100107, as amended. (5-0) 9 7. Authorization to apply for a U. S. Environmental Protection Agency cleanup grant in connection with the City's Brownfield Program. Adopted Resolution No. 37923-100107. (5-0) b. CITY ATTORNEY: 1. Amendment of the City Code with regard to the duties of the Fair Housing Board. Adopted Ordinance No. 37924-100107. (5-0) c. DIRECTOR OF FINANCE: 1. Financial Report for the month of August 2007. Received and filed. 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Vice-Mayor and Members of City Council. Vice-Mayor Trinkle advised that inasmuch as several Members of the Council were going to be in attendance at the Annual Virginia Municipal League Conference in James City County, Virginia, from October 14 - 16, 2007, the October 15 Council meeting had been rescheduled for Thursday, October 18, 2007, at 2:00 p.m., in the Council Chamber. Council Member Lea expressed appreciation for the support of the Western Virginia Football Classic that was held on Saturday, September 22,2007, at the Salem Stadium. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 10 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert Gravely, 727 29th Street, N. W., appeared before the Council. 12. CITY MANAGER COMMENTS: The City Manager announced that excerpts of the Wayne Newton Concert held at the Roanoke Civic Center on Saturday, September 29,2007, could be viewed on Entertainment Tonight. She advised that the City of Roanoke was initiating the process for the Department of Motor Vehicles (DMV) to create a specialty license plate bearing the Roanoke brand identity for purchase; and residents who are interested must send a completed DMV application form for the plates, along with a check or money order made payable to "City Treasurer, City of Roanoke," to the City Treasurer's Office, 215 Church Ave. S.W., Room 254, Roanoke, Va., 24011 Ms. Burcham encouraged residents to participate in the Roanoke Arts Festival which will be held on October 4 - 7, 2007, throughout several venues, and tickets may be purchased at The Jefferson Center Box Office. At 3:15 p.m., the Council Meeting was declared in recess for continuation of Closed Session, which was previously approved during the 9:00 a.m., session. At 4:44 p.m., the Council Meeting reconvened, with Vice-Mayor Trinkle presiding and all Members of Council in attendance, with the exception of Mayor Harris and Council Member Wishneff. CERTIFICATION OF CLOSED SESSION. (5-0) Derek B. Cundiff and John D. Fulton were appointed as members of the Architectural Review Board for terms ending October 1, 2011. Jay E. Foster was appointed as a member of the Roanoke Alleghany Regional Commission to fill the unexpired term of William D. Bestpitch ending June 30, 2009. The Council Meeting was adjourned at 4:45 p.m. II CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 C. NELSON HARRIS Mayor September 25,2007 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Trinkle and Members of Council: This is to advise you that I will be out of the City and will be unable to attend the Council meeting on Monday, October 1, 2007. With best regards, c...1(.Jw.. ~ C. Nelson Harris Mayor CNH:snh pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members: Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Gwen W. Mason David B. Trinkle Brian J. Wishneff C. NELSON HARRIS Mayor October 1, 2007 The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, ~ C" " . -<I. I ~J;;f df,,;; "p j David B. Trinkle Vice Mayor DBT:snh - - - . - - - - - - - - - - - - ", J -I .,;.< < ~ ~ l> 0 ~ T1 -I '" /') -I ," T1 0 0 T1 -::J '0 l> -...J )> \ ---------------- ,.. '<; It rnt JJO' NITTI CW1rJ[l. ,t!;:nw oe'~o.ft;:' ~.~", p - . '~i'~I-' ~ - .' k'l; _ ,.'\. - . ~', ' "~~~r" I ... "'" l' :-0.. . ~ O" i '.". . W ~~~~54~;'ff'-:"'~'J~" ~_ .....~..- ------~-, ,--~-:--~., -:--~ . .." .., f;:~;7;~~,:..:~--::-;;~~.. ".' ,'\~, -:"':"..\ ~~~ ---,"",---1 ::~~;,...,.,,:...'...'\h"'" ~~~ .,',:.~-:___,:'.r'..'..-..~::::\ ~H~ ~-~_.:,,- ;..~ ~.\'f,] .:~~,.,_,~~'.'~.'i~!'~p~~1mhJL , ..".J III" . ..... ,.-:' 'II: . '~'';'': ",'~' -':-C.-"- ...a'lo ~ - I ~~'i~- ':, \,)~'bi .,....".,1\"'"') ~ ... ,> i" f ~ ...,,;;;- ~,=,;' h .~ tf~' '! It. . , ~ ,it , , '>-1/7 ....../ilf \ lJ:~'.-",:, ,-.1m :; .f'I,.:...,......-1 I y'i' ::r ~\..(:.'''' \ ~:~-i::;' , ::~::, ,t ".I,~,; t..~"'...~.~" ~ . 'I _. t : l ~ , ~.:;"i '~".. '--- ."""",:"" ,'~."~<,,,,- '~';fr.':'_1 '~;'rr "'-"~~'''If '~ , , ,. I L. ..' - !;.--~ :r-. I '"~"':Il--jll i! ..~.-,-jl I .,.' r: 11,'., . 1,-11. i El*"", . ---:'li' . ':-:--i-. i ! j ;~t.,!': ..-~_. '- j : \... t':' - 'jlt' \-"1" ..: ..d '::""1 i-~ . f'lll" T I~'l "'l'f'\" "....... ~l,:....::.: ~ "" . ":":1 .- '," ~l' ! -It r .1 ~ " -'1 ,) 7CJ o )> z o ^ rn () -I '< 5 )> ^' ^ rn -I ""0 r )> Z I o ^' GJ Z )> r o rn )> - I I I I )> "'0 Z ot Vl -;, I~ ::I. ~ ~ o 5' o a.. 3 ~ "0 G)"- - ~ () c. "0 ~U> -< )> ~ !t o ~ - c: G) ii;' ~ < 0 c: c: ;:+ ~ U> c: ::I ~ ~ ~ "'0 ~ ~ !!!.. ~ cs;- c: U> tx:l :::r N 3 - .~ ;p 0' c: U> a:.. c. c: U> ~ iA 00 - cs;- ~ )> ~ :::r c: Vl U> ~ 3 c: ~ () () )> > Ql 0 > 3 ~ ~ "0 n ~ Ql 0 U> U> "0 "0 0 .~ - U> 0 "0 ~ )> ~ U> :::r U> c. 0 U> c. n -; :::r - .~ .- :::r c. ~ u;- n :::r c. -; .:::r ~ ~ 0 '(5' :::r -; -; ..'< cs;- ~ - ~ Vl 0 ~ 0 !t () c: - 0 n 0 ~ 0 i'r l:"" , ... "0 ::I. "0 ~. ::I Z a.. ~ ::I a.. ~ 0 ,a.. - ~ ~ .... 0 tx:l a.. "'0 ~ ::I iii ::I c: ot - N - 0 c. ~ g Vl :::r ~. c. ~ ~ ... ~ ~ ..- ~ ~ :> - :::r ~ ~ ~ ~ ~ ... '< ~ 0 c: ,'" rn X (,/') -I Z GJ () o z o -I o Z (,/') I ~ )> AJ ^ m -I > AJ m )> ---------------- ^ rn toO toO toO toO ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... '< W toO ...... 0 -0 00 ..... 0- VI ~ W toO ...... 0 -0 00 ..... 0- VI ~ W toO ...... << zr ~f"'I(/) -I " r 0 f"'If"'If"'I " <r (/) I'TI I'TI f"'I " ""'0 :> :> m 0 7<J 7<J Z 0 0 0 c :> 0 "tl Z VI 0 7<J ;;:0 00> :> m C) -l C :> '" m ~ '" C::J C) '" I ~ 7<J 7<J o Z - VI I 7<J -l Z Z Z :> VI 0 - - Z r- :> '" m m :> -l 7<J m -l 0 0 Z Z Z 7<J m :> r- ~ m -l -l :> -l - VI VI 7<J '" :> r- Z 7<J "T'I Z - 0 0 m m m :> -< -< 7<J -l < VI '" '" '" Z "T'I '" m < L -l 0 '" C 0 m -l C 0 -l -l -l 7<J :> 0 -l 7<J m :> '" m 0 0 0 Z m m 0 7<J '" 7<J m 7<J '" rn ~ -l 0 VI r- C m 0 0 0 VI -< -l 7<J "tl 7<J :> "T'I "T'I VI Z -l :> n - '" 0 m VI Z C 0 C) C) ~ Z Z Z 7<J VI 7<J r- C) VI "T'I C -l - VI 0 0 I VI "T'I I Z VI VI VI 0 -l 0 -I :> m 0 Z VI Z 7<J C :> VI VI m C :> m VI m m 0 -l -l - -l -l -l 0 C -l VI -l C 7<J 7<J Z :> ^ VI ~ I -l 0 m m 0 0 0 ~ m "tl -l m :> ~ "tl -l 0 ~ :> VI 7<J C) VI :> -l 7<J m :> z - m C 0 "T'I :> z I -l -l -l VI Z "tl C) (.J") 7<J 7<J :> X C) I C::J VI I 0 "tl m I I I Z -l C) - Z :> r- -l VI 7<J "T'I Z 0 ~ (.J") 0 VI 0 m 0 m m m 0 ........ ~ C) VI '" I -l m -l < "T'I 0 -l C::J 7<J C "tl m m :> m C 7<J Z ~ -l "T'I m r- N m m 7<J VI -l 0 :> r- ~ 7<J Z :> m ~ C) r- m m "T'I -l :> 0 0 rn "tl 0 "tl 7<J X 0 - 7<J -l ~ 0 0 :> -l Z VI m :> r- 7<J m m "tl C) I G) (.J") m 7<J VI VI 0 ...., '" Z Z VI C) "T'I 0 ~ :> ^ m I m 7<J m VI m -l VI 7<J Z m 7<J C) 7<J r- m VI - 0 :> 7<J -l :> "tl 0 Z "T'I 0 VI -l m Z ~ m )> 0 0 < , r- 0 Z C) ~ (/) 7<J ^ C m m ^ ~ -< :> ~ 7<J 7<J "tl 0 "tl m (/) Z "tl -l ~ 0 C 7<J :> Z m 0 :> :> c 0 "tl "tl -l I 0 VI :> 7<J -l :> 0 I ~ r- Z :> m m '" -l m :> ^ '" :> r- C 7<J m Z '" m m :> VI ~ m VI 7<J m 7<J "T'I I < , m :> m ~ VI X - "tl m 0 -< z :> 0 VI m I Z -l "tl < -l '" VI I '" C::J m VI VI < :> m ""0 :> -l -l '" C::J I C::J VI VI C C r- VI r- VI m C C 7<J -l :> m m -I -l r- m m 0 VI "" VI 7<J - "tl Z m "T'I 0 C) 7<J 0 '" 7<J 7<J m -l VI < -l m I :> 0 m C) r- m -l 0 :> 0 0 7<J C::J ^ m m :> :> 0 z '" 0 '" C "T'I "tl m - m m r- 0 '-" 0 "T'I -l I m "tl r- :> N :> ________________1 - - - - . - - - - - - - - - - - - (./) n I rn $' rn )> w ...... w '" >z~>z > "'" ~ ~".... "c:: ~ ~ ~< >0 0'" . '" >~ .... "'>'" >~ r " >m r~ <> z;:;1-l<O .... r~ ~ Or> ....~ > c:: z'" rm m- Il m;:ll:lIr= ",m '" ~~~ mm Z r z'" >z ~~ ~ r~ _ ,,0 ",'" .... .... m" ~'" 0 0 OZr m "'> "'''' 0> ~ m > ~Cl 0 mClc:: ~O '" c:: ~r 0> or , .... Z '" m> r " ~ '" , " OC:: m c::- ",'" <: >", _~m " r 0 Clc::z "Z \lO 0 z- m '"0 Z OZ . :1:"''''' -.... Zm z> ~ r Cl ClZ -1>Cl m 0 ~ ~ ~"r Clz > '" > ~m> 0" '" .... O""~ 0- Z :I: "o~ ,,"" Cl ..... z:I: z " ""~ c::" ~~ 0 0" I" OCl 0" ~z Cl O!: ~Ra~ 0 >=i> z> 0" 0> "~o <'" 0> >m '" <z 0 '" ::I;lI:I 0.... c::C:: c:: ".... O:;i< mm ".... ~" m mm ;:em" Z mm zr Z z....m ",m m '" oZ> '" m ~~ "'''' ....~ .... z;:; ,,-'" z z;:; z~ Z :1:0 <"r 0 '" mO Cl~ >C! ~ ~ m<m "m ~~ Cl.... ~ m~ mr> ~>o >'" '" > 00"" ~ .... >c:: ",r z'" z ~ ~I"""~ r'" ....r m " ~O 0 '"z >0 m >0 m '" 0 '" r r~ .... m C::'" " z"" ...." r o > ~~ ;;" m ~ "'~ m Cl~ m~ Z Z r Z r m '" Z ~ '" r Z > Z Cl " !: Cl N > Z > '" Cl . . . . . () . . . . . . . "'tJ -n (J) Cl I'T1 ~ () n )> r- '" 0 "'tJ '" () ~ Z -l '" (J) -n -l ;;Q () 0 0 '" - '" r- )> 0 0 0 C ~ Z )> I 0 en en -l -l C )> 0 0 0 en ~ Z ~ 0 "C < en 0 ~ '" '" 0 Z "C (J) en r- '" r- )> (J) < '" C Z en ~ en 0 r- '" n '" ~ '" -l '" '" 0 -l en )> '" Z Z Z ~ -l C n ~ -l r- n )> -l )> )> en '" -l "C '" '" 0 Z Z -l 0 )> n '" )> )> '" Z '" en r- C Cl 0 '" r- -l r- -n C Cl Cl 0 Z en 0 < "C -l -l 0 Z 0 '" en Z en '" )> '< n -n '" ~ "C en ....... en Z 0 ~ en 0 en < en '" n '" X -l 0 )> < )> '" '" C )> ~ '" "C -l '" )> -l Z 0 en ~ )> -l 0 -n en ~ Z (J) n r- ~ )> en en '" < en Z '" )> n en r- "C 0 '" -l 0 ." en Z )> I < '" )> "C '" en )> I "C '" r- 0 -l ~ SlO n en ~ Z en '" ~ )> en 0 '" -l 0 en I Z )> '" 0 '" 0 )> '" '" en '" "C 0 Z r- 0 -l '< -l )> r- '" '" I n I c -l -n l-O r- Cl < ....... "C 0 )> Cl Z I n )> (J) -l en -l )> 0 '" ~ '" I I 0 0 -l n 0 -l I , I '" -l < en en en -l en '" Z "C )> 0 -l en < 0 '" )> -l 0 '" -l en en ~ '" '" en '" en '" '< '" ---------------- (/') n I rn ~ rn )> "- ~:ra ~ . o z ~: rn )> . , -I. I. )>: :;0: (). I' - , -I rn , ()I -I , Vl . - - , :~ '~ ! 1 I!- , I"'. , ,.... - : I!- i i I!- )1 - - - - - - w ...... w '" . II ~ - . o . ~ " e: ~ ~ -< e: ~ m ~ o o ~ ~ m > -< z Cl ClO >m ~I: 00 mz z~ ~-< ~ > :0 o z ~~ :;g :oz z-< Cl~ z " =< J: z ~ o ~ o ~ " . . . .'" )-~CJO ~ > r Z O"~Vl c :r ^ z 0 '" -I ~ (/) o > 0 "TO "" ~ c"" . ~Gl~ > r ..., -i> ..., C '" r ",,,, ..., r > Z o z Cl . )- z " :r o '" '" " o '" z ..., '" . :r > '" o '" " > ." ..., ....... Cl '" ..., ..., z '" ." > " ..., r < 0..., z:E Cl'" "TO '" o ~ '" z Cl :r -i -i ~ ..., :E -i :r ." C "" r " > '" -i - - - >Vl...,,...cn z"tlr->-l or=~z~ o !:: - ~ f"l. - _ Zzz-i ~C)Clc);; zOc~~ _;;iz:::j ~:ll'~:I:~ o8;;v~~ ""tlClSlo>1.n Om ~ o ~ ~ "~,, ~>o ~z~ zzO~._. G'l~;oc Cl~" ~J:- -e:Z oz~ Cl~ ~ ~~ ~m 0-< I:< m ~ ~ e: ~ J: " e: ~ ~ ~~Z >-<m :S~~ zm Cl-< ~ " e: ~ ~ -< e: ~ m gocn...,."Vl -gr>-l or=:ozc o!::Eon ~Zzz-l ZG)ClCl;; :ZOc:Eit -l<Z- O""O-lCl :lOmJ:r- ""CIrn::::l:l:E> oo..>~ oel -1Vl ~m m ~ . C ." ." ..., '" ." o '" -i o Z o "TO . . "")-VlO C " -i Z r " > 0"" '" '" '" z '" Cl> r "'0 r Z ~ Cl -i '" 0 ~ C r -i ." r ..., . Gl o ",0 ""0 < ..., > ): ~ r ." :r r ...,-i <:r ...,..., r> "'-i ..., '" . ;;:10 0"" >> '" '" ""-i ~> Z o "TO ..., ""> >-i " C ..., ^ '" '" 0"" ",'" 0" .,,'" ..., "TO > O-i ",..., ~O > ~ ;;:1 0 '" '" -i C Z -i o ." ..., Z '" -i > '" ~ > " :r o < > o ." ." o '" -i C Z -i ..., '" ","TO ...,0 > " -iC Z'" Cl "TO o '" '" r Cl :r -i o '" ..., " -i o Z '" - - - - - - (X) (/) () I I"T1 ~ I"T1 OCl <~ mm ~m Z Cl~ ~" >~ ~m ~m ~z o o ~ co o~ ~> m~ Z" o ~z ~" !:" z_ Cl-< J: ....... ~ ~ 00 ~~ -<~ ~~ >~ ~m J:~ ~o m" ,,> m-< ~ - -<0 >z " ~ m fnVl""CC Z"'O:lOV) n>O> r-f"'I(;)'I;l;I om,.,r- Vl_>1'T'I ;;Z~"""" mmI: ~> ~~ :o~ zm Cl ~ o z o ~o me: >-< :00 zo ClO >~ ~ m > ~ . Vl -i o '" ~ :E > -i ..., '" . '" . ClC 0'" 0> o~ "TO~ ~"'O '" >0 Cl " '" > > ~. ~ .......~ ;::::> '" "" -ir >..., c'" '" ." > > Z" -i ..., "'0 '" o Vl ~> >z ,,0 :rCl 0", < ..., ..., > z '" " C r > -i o ..., '" Z Z"'"TO -i > r ):~o z,,~ ~O> z '" ~ 0 "C -i Z Z 0 Cl", -i-i o~ '" '" ~ > Z > Cl ..., ~ ..., Z -i ----------------- (/) n I m ~ m 00 . - - - - - - - - - - - - - - - - I U1 () I rn 5 rn " ~ W o"e- ..... z-o w ,.,~o '" >-0 . i=~c II 1S~-1 ~ e-", >,,~ e-"'> . - e-..; ",me- a o~ ..;" >0 . '" "e- ojz me- m", "0 >m z> 0'" e-< ..;< Z _ m ",- >m ze- _e- ..;'" 0- ~e- Cl mZ 00 ",Cl "'0 '" ~'" ~" 00 '" "'''' m ..;~ '" "'~ ~ >e- " ",m m Ie- > ",0 " m" " ,,> m m..; '" ,,- '" ..;0 >z " e- m ",,,e: ""'''' >0> "Cl~ m",e- >~ ~ ~ > ~ e- m o~ ,,>'" '" Z '" '" "':! 0"''' Cl "z ~ '" Cl"" "'~Cl "'~Cl::: ~ "'0 OZ" m " m 0 O..;e- > >m e- ~ ",e-> m>", e:e-'" 0 me: ",,,e: > ~ e: > ,,~~ ~" e: >"m Z:r~ oj 0 e- oj '" '" Z >~--I ..;",m z..;m e- ~..; " '" Z~-I 0 Z'" I ..;~m z:OZ Omm e- _0 mO"; Z "S ..; z m m Gl 00'" "T'I~Z > ZO ..; m Gl..; "'",e: Gl 0 e: Gl m "Gl'" Z '" " > "'~ ClO~ ~z", '" GlO ",,,, '" Z >",'" m e: '" >~> Gl..; 0 m '" m m '" >"'" '" '" >'" '" ..; e-OO 0 '" e- O ..; ~ m me:e- ",~m "'m '" e-"z ..;m Z >z'" :;Oz "'..; m Z o~ '" m'" > m'" > m , '" > ",0 '" ..; '" ~ m > '" . n . . . . . . . . . . "\J )> 0 0 -ntIIJ ,." -n Vl Vl "\J r- Vl Vl "\J ,.., C -l Vl (J) r ~ ..., ,.., r ;;0 Z "'r- < 0- --< r- > c: z ,." 0 0 0 --< --< > ,." 0 > 0 ~ ..., 00 ,." "'~ '" > '" --< > Vl '" c: 0 0 (J) ,." Z ,." Z -n ,." --< 0 c: > ~ ,." 0 '" Vl '" '" (J) Z ~,.., r- ,." N 0 > G) r- '" G) ,." ,." Z G) --< --< r- '" ,." ,." VI c: Vl ^ Vl I > --< > Vl ,.., '" Z Vl 0 r- '" --< ~ ,." c: --< ,." ,." Z ~Vl ,." '" I ,.., ,." > G)> ,." ~ ~ '" '" --< < Z G) > Vl '" ....... ,." -n ..., > ~ ..., --< ,." ..., Vl 0 > r- > ~ c: ..., ,." '" ..., >Z 0 ,." ,.., r- > ~ > ~ 0 '" G) --< ,." Z '" ~ I Z > < Z '" 0 > 0 0 ,." ,." X --< r- -n 0 Z ,." Vl O~ ,." G) --< ..., '" '" I I --< N 0 Vl ,." I > G) ,.., G) ,." '" r- ,.., ,.., > --< 0 > > 0 ~> > Vl > '" Z > ~ ,." 0 ,.., Vl '" r- > > r- Vl Z -n '" -n ,." > > ,.., '" --< ,." ,." '" ,.". ~ 0 Z G) ~ 0 '" 0 c: ,." < ,." > I 0 Z Z c: > r- '" --< > Vl ,." > --< > ,." 0 ~ c: G) > Z 0 r- G) -n r- c: Z --< ..., ,.., r- '" > ..., Vl '" '" > ..., > G) I G) ..., --< > I ,." > '" Vl ~ ,.., Vl > 0 '" '" ,." ,." -< c: ..., --< ,." < '" r- --< 0 ~ -n > ,." Vl r- ,." ,." 0 '" '" ,." '" ,." X -n c: Z ,." ,." > Z Vl ,." ,." 0 Z r- --< r- N '" --< Z Z ^ Z ,." > G) c: ,." '" I > Vl --< Z G) ~ 0 > r- > ..., I Vl --< 0 Z Vl 0 > Z r- ~ I Z c: > ,." Vl --< < 0 0 Z '" ,.., ~ ,.., < ,." ,.., > > ..., I Vl I ~ --< ~ ,." > ,." 0 I ,." Z --< ,." '" 0 ~ Vl '" I ,.., r- -n --< --< ,." > '" 0 I ,." Vl '" '" --< --< 0 WHEREAS, we recognize that for Americans with disabilities, employment is a fundamental to independence, empowerment and quality of life; and WHEREAS, the United States Congress by joint resolution of August 11, 1945, as amended (36 Us.e. 121), has designated October of each year as NATIONAL DISABILITY EMPLOYMENT A WARENESS MONTH; and WHEREAS, the Americans with Disabilities Act of 1990 (ADA) is designed to remove barriers and enable individuals with disabilities to full participation in society; and WHEREAS, the Mayor's Committee for People with Disabilities, a volunteer group of citizens and business leaders, with and without disabilities, formed originally in 1969 as "The Mayor's Committee on Employment of the Handicapped" continues to work diligently to improve the lives of individuals with disabilities,. and WHEREAS, the City of Roanoke continues to work with the Mayor's Committee for People with Disabilities and other Roanoke Valley organizations and citizens: . to improve the physical, psychological, social and spiritual well-being of persons with disabilities in the community; . to educate the public about resources available to make the most of the potential of individuals with disabilities; . to recognize the value of employees with disabilities and their employers through special programs and activities throughout the year; and . to uphold the fundamental commitment of justice and equality for all people. NOW, THEREFORE, I, David B. Trinkle, Vice-Mayor, on behalf of e. Nelson Harris, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 2007, throughout this great All-America City, as DISABILITY EMPLOYMENT AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this first day of October in the year two thousand and seven. ATTEST: M~-- ~~fr1~ Stephanie M Moon City Clerk Vice-Mayor ;j (!lfrfFi" '-.lL _'"_ _';:.. WHEREAS, The Salvation Army Turning Point is committed to providing a safe, supportive and confidential residential environment through which victims of domestic violence will be equipped with the skills to make healthy decisions for themselves and their children; and WHEREAS, domestic violence can affect anyone regardless of age, race, gender or socia-economic status; and WHEREAS, many victims are ashamed to seek help, thus continuing to suffer through years of terrifying and dangerous abuse; children often witness domestic violence, while feeling helpless to stop the abuse afthe victim; and WHEREAS, domestic violence can change from day to day, but seldom changes for the better unless someone intervenes; dealing effectively with domestic violence requires a coordinated and integrated response from many different groups and social agencies; and WHEREAS, The Salvation Army Turning Point works continuously with these groups and social agencies to educate the public regarding domestic violence and reach out to victims. NOW, THEREFORE, 1, David B. Trinkle, Vice-Mayor on behalf of C Nelson Harris, Mayor of ihe City of Roanoke, Virginia, urge aU citizens to work in conjunction with The Salvation Army Turning Point and other various agencies to recognize domestic violence and encourage victims to seek help, and do hereby proclaim October, 2007, throughout this great AU- America City, as DOMESTIC VIOLENCE AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this first day of October in the year two thousand and seven. ATTEST' /r,~ h1,~ Stephanie M Moon City Clerk (I J ~ ,1 r] {':-'''.-J ,.' J ~ !J,y ;/ Wf/7'</I"PfIi David B. Trinkle Vice-Mayor .,.~ '-'{"~ {~i.7l {v,e ~.i.' ,~;1 _ '," /'nJ!, v L) to'; \\,....- 1\' /If rl '"iC .. "Y 7' L'HdY"Yl CITY OF ;,'::i~,~~:~~2~~~; ':r?!~ ':::::~~>/ I-{' ,,' - " ',. T '-'t " 'r-,- t ));:1 'm i\, j~,d 'J d ;'1-1.' i,......: 1. .~ '~"'-] .r~ih..i.. '1 ~~-._i':' -'~. ~_L':" WHEREAS, the vitality of the City of Roanoke depends on how safe we keep our homes, neighborhoods, schools, workplaces and. communities; and WHEREAS, people of all ages must be made aware of what can be done to prevent themselves, their families and friends from becoming victims of crime; and WHEREAS, personal injury and financial loss resulting from crime are intolerable; and WHEREAS, crime prevention initiatives must include self-protection and security, but must go beyond these to promote collaborative efforts to make the community safer for citizens of all ages; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses and individuals. NOW, THEREFORE, 1, David B. Trinkle, Vice-Mayor, on behalf of C. Nelson Harris, Mayor of the City of Roanoke, Virginia, urge all citizens, government agencies, public and private institutions and businesses to invest in the power of prevention and to work together to make Roanoke a safer and stronger community, and do hereby proclaim the month of October, 2007, throughout this great All-America City, as CRIME PREVENTION MONTH. Given under our hands and the Seal of the City of Roanoke this first day of October in the year two thousand and seven. ATTEST: MW David B, Trinkle Vice-Mayor ~M'~ Stephanie M Moon City Clerk ,. ... WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Office afthe Mayor CITY OF the success of any organization is. contingent upon a workplace where the administration encourages a workforce which serves, appreciates, respects, and values the variety of differences that exist in a shared community; and tlie city administration formed a Diversity Advisory Council .of employees who have volunteered to develop and implement strategies to embed inclusion in our culture and core values and who serve as inclusion'champions jot the organization; and the Council actively seeks to promote diversity as an integral part of excellence;,. and to discourage discrimination .based on race, ethnicity, gender, age, socioeconomic status, and other factors which deny the essential humanity of all people; and ,the -Diversity Advisory Counctl emphasizes the benefits of elevating the perform<<nqe of-'the organization by respecting, celebrating, and_ embracing the collective mixture of differences and similarities of our employees; and our behaviors will demonstrate open qommunication, seeldng opportunities 'to learn, recognize and reward actions that promote acceptance while suspending judgment; and a variety of dtversity and inclusion initiatives will be conducted which will highlight th.ese behaviors; 'and WHERE4S, -~. inclusion in .the City of Roanoke also means-' a welcoming, inclusive; - and open work environment that- -delivers excellent service and creates a more vibrant and-inviting community. NOW, THEREFORE, L David B. Trinkle, Vice-Mayor, on behalf of C. Nelson Harris, Mayor of the City oj Roanoke, Virginia, do hereby proclaim October 2007, throughout this great All-America City, as DIVERSITY AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this first day of October in the year two thouSand qnd seven. ArrEST: .~tn.~ Stephanie J.1. Moon City Clerk ';1-< Qv~ ~i-inkle.. Vice.:.Mayor Office of the J\1ayor CITY OF ,Q:;::\ \-'~4';;>i ""J,M~.) ~~/ WHEREAS, designation of a specific day for cleaning the Roanoke River and its tributaries will give businesses, citizens and neighborhoods, schools and civic groups an opportunity to engage in a worthy endeavor that will improve the overall character of the City of Roanoke and its watenvays; and WHEREAS, expanded awareness of the Roanoke River and its tributaries' water quality allows for improved educational opportunities for students and citizens alike; and WHEREAS, improved cleanliness and aesthetic beauty of Roanoke's waterways creates a positive impact for recreational opportunities and improves the quality of life for citizens and visitors to the City of Roanoke; and WHEREAS, cooperation with other communities, individuals, businesses, school groups and civic organizations increases partnership opportunities for further cleaning and management of the Roanoke River and its tributaries and the celebration of extensive hours of volunteer service put forth on behalf of these volunteers.. NOW, THEREFORE, L David B. Trinkie, Vice-Mayor, on behalf oj C. Nelson Harris, Mayor of the City of Roanoke, Virginia, encourage all citizens to participate in this worthwhile endeavor, and do hereby proclaim Saturday, October 6, 2007, throughout this great All-America City, as FALL WATERWAYS CLEANUP AND CELEBRATION DAY. Given under our hands and the Seal of the City of Roanoke this first day of October in the year two thousand and seven. AITEST: ~m,~ Stephanie M Moon City Clerk David B. Trinkle Vice-Mayor "'......, -"'__~c, , ..H~, C' .c. L~jtt E' J.::; n{-c1i~'riC (~J' c,1&-t',... r~~/12~'J()r <:;.; CIT'Y OF (~~j%) T tei: Ji';~~J2; ~""1;; l,~ iL '\;-., WHEREAS, every individual, family and community should understand that mental health is an essential part of overall health, and suicide prevention can be reduced by removing the stigma of seeking care; and WHEREAS, it is essential to eliminate disparities in mental health by promoting well-being for all citizens, regardless of race, ethnicity, language, place of residence, or age, and to ensure equity of access, delivery of services, culturally competent care to all, and improvement of outcomes through public and private partnerships; and WHEREAS, consumers and families need the necessary information and the opportunity to exercise choice over care decisions, including individualized plans of care, expanded organizational employment support, enhanced rights protection, better criminal and juvenile justice diversion, re-entry programs and improved access to housing; and WHEREAS, every individual should have the opportunity for early and appropriate mental health screening, assessment and referral to treatment; and WHEREAS, adults and children with mental illness deserve ready access to . evidence-based best treatments, services and support leading to recovery; and WHEREAS, the mental health system is responsible for providing consumers; providers and the public with quality, accessible and accountable information, while supporting improved care and information dissemination. NOW, THEREFORE, 1, David B. Trinkle, Vice-Mayor on behalfofC. Nelson Harris, Mayor of the City of Roanoke, Virginia, in order to increase public awareness of severe mental illness and to promote greater understanding for those who suffer from the potentially disabling symptoms of these di;orders, do hereby proclaim October 7 -13, 2007, throughout this great All-America City, as MENTAL ILLNESS AWARENESS WEEK. Given under our hands and the Seal of the City of Roanoke this first day of October in the year two thousand and seven. ATTEST: David B. Trinkle Vice-Mayor ~rn,~ Stephanie M Moon City Clerk ~ Office of the Mayor CITY OF WHEREAS, Virginia fire departments respond to more than 21,000 fires per year; home fires claimed more .than 100 lives in the Commonwealth of Virginia in 2006, and 82 per cent of fire deaths nationwide happen in the home with three out of ten home fires in the kitchen, making unattended cooking the leading cause of home fires; 89 firefighters lost their lives nationwide in the line of duty in 2006; and WHEREAS, the City of Roanoke recognizes the significant personal and economic toll that fire takes on its citizens; and WHEREAS, the City of Roanoke understands that safety measures can significantly cut the.risk offire; afire can spread rapidly and a quick escape fr?m the home increases the chances of survival; and WHEREAS, smoke alarms have proven to be an effective life-saver, having helped to decrease the home fire death rate by one half since introduction to the general public; and. . WHEREAS, the City of Roanoke -joins with the National Fire Protection Association (NFP A) in reaching out with a message to all citizens of Virginia in commemoration of national safety efforts of fire departments, schools and other public safety advocates; and WHEREAS, "It's F~re Prevention Week: Practice Your -Escape Plan" is an important.reminder for all citizens during Fire Prevention Week 2007. NOW, THEREFORE, l, David B. Trinkle, Vice-Mayor, on behalf of C. Nelson Harris, Mayor of the City of Roanoke, Virginia, urge all citizens to take note of and to install and maintain smoke alarms, and do hereby proclaim the week of October 7 - ]3,.2007, throughout this great All-America City, as FIRE PREVENTION WEEK. Given under our hands and the Seal of the City of Roanoke this first day of October in the year two thousand and seven.' , ATTEST: ..... ;fHJ~ m.~ ~>.... ~l!1Jr Stephanie M Moon City Clerk Vice-Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540)853-1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request to Schedule a Public Hearing Francine Barish-Stern Bray, d/b/a Creations, has leased 284 square feet of space located in the City Market Building at 32 Market Square, Roanoke, Virginia 24011, for the past year. Ms. Bray has expressed her desire to continue to operate a retail business in the Market Building for one year with two additional one-year options. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on October 18, 2007. DLB:c1t Honorable Mayor and Members of City Council October 1 , 2007 Page 2 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM07-00157 ol9~ .......~~~...;. .A} --~- <li CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E.mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk October 2, 2007 Martha P. Franklin, Secretary Local Board of Building Code Appeals Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Barry W. Baird has qualified as a member of the Local Board of Building Code Appeals, for a term ending September 30,2012. Sincerely, ~~ M.~lMJ Stephanie M. Moon, CMC City Clerk SMM:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barry W. Baird, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Local Board of Building Code Appeals, for a term ending September 30, 2012, according to the best of my ability (So help me God). L.;L/ '7 Sob",ib,d ood ,wom to b,'o" m, thi'4~ 0' ~07. BRENDA S. HAMILTON, CL i!o , CLERK BY K:\oath and leaving scrvicc\Local Board of Building Code Appeals New Construction Code Board of Appeals\Barry Baird 07oath.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cJerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk October 2,2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37915-100107 amending and reordaining 936.2-333, Floodplain Overliw District (F), Chapter 36.2, Zoninq, Code of the City of Roanoke (1979), as amended, to update the Floodplain Overlay District (F) regulations; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007, and is in full force and effect upon its passage. Sincerely, ~fY\.~ Stephanie M. Moon, CMC City Clerk SMM:ew . Attachment Darlene L. Burcham October 2, 2007 Page 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Luke E. Pugh, P.E., Civil Engineer II Martha P. Franklin, SecretarY, City Planning Commission ~~. D\ f\~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37915-100107. AN ORDINANCE amending and reordaining Section 36.2-333, Floodplain Overlav District (F), of Chapter 36.2, Zoning, of the Code ofthe City of Roanoke (1979), as amended, to update the Floodplain Overlay District (F) regulations; and dispensing with the second reading by title ofthis ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke as follows: I. Section 36.2-333, Floodplain Overlay District (F), of Article 3, Regulations for Specific Zoning Districts, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as <l1llended, is hereby amended and reordained to read and provide as follows: 936.2-333. Floodplain Overlav District (F). *** (b) Establishment offloodplain areas. For the purpose of the regulations prescribed in this section, there are hereby created various floodplain areas subject to inundation by waters of the 100-year flood. The basis for the delineation of the floodway, the flood- fringe, and the approximated floodplain, shall be the flood insurance study for the City of Roanoke prepared by the Federal Emergency Management Agency, Federal Insurance Administration, VollllRe 1 00 aad Volllffie 300 dated Oetoeor 15, 1993, and Volume 2 of3 dated Oetoeer 18, 1999, as amended. dated September 28, 2007. A copy of the flood insurance study, City drainage standards, and accompanying maps as amended shall be filed in the offices ofthe City Clerk and the City Engineer and are hereby declared to be a part of these regulations. The floodplain areas shall consist ofthe following: *** (3) The approximated floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A and AD on the flood insurance rate map. Where the specific IOO-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports or the U.S. Geological Survey Flood-Prone Quadrangles, then the applicant for the proposed use, development, or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. When a Zone A or Zone AD area is located between two (2) nwnbered zones, IOO-year flood elevations shall be linearly interpolated between known elevations, along the centerline of the channel. Hydrologic and hydraulic analyses shall be undertaken only by the applicant's professional engineers who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, and computations shall be submitted in sufficient detail to allow a thorough review by the City Engineer. * * * (g) Floodplain development regulations. * * * (2) Alteration or relocation of watercourse: Prior to any proposed alteration or relocation of any channel with a regulatory floodplain, within the City, a permit shall be obtained from the U.S. Army Corp of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions and the Dam Safety and Floodplain Management Division of the Virginia Department of Conservation and Recreation (Division ofSoilllRd Water Conservation). If the channel to be altered or relocated contains a regulatory floodplain, a conditional letter of map revision shall be secured from FEMA, prior to construction. *** 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: ~~m,~ City Clerk. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Aveuue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us October 1, 2007 Honorable C. Nelson Harris. Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr.. Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to update the Floodplain Overlay District (F) regulations: (1) 36.2-333(b) to delete the volume and date references and to add a date of September 28, 2007. in a reference to a flood insurance study performed by the Federal Emergency Management Agency; (2) 36.2-333(b)(4) to add a reference to Zone AO; (3) 36.2-333(g)(2) to add a reference to the Dam Safety and Floodplain Management Division of the Virginia Department of Conservation and Recreation and remove the reference to the Division of Soil and Water Conservation; and (4) 36.2-333(g)(6) to add a reference to the shallow floodplain and specify the level to which structures shall be elevated or flood proofed in the flood-fringe, approximated floodplain, and shallow floodplain, the purpose of such amendments to clarify the identity of the basis upon which the floodplain regulations are based, to identify an additional floodplain zone, to clarify the identity of the entity receiving notification of an alteration or relocation of a water course, and to specify levels to which structures may be elevated or flood proofed in the flood-fringe, approximated floodplain, and shallow floodplain. Planning Commission Action CIll., Cf Planning Commission public hearing was held on Thursday, September 20,2007. There was no one present from the public to speak to the proposed amendment. By a vote of 6-0 (Mr. Rife absent), the Commission recommended that City Council approve the requested amendment. Background The Federal Emergency Management Agency (FEMA) completed a study of Roanoke's flood-prone areas and subsequently revised the maps of the Roanoke area. Federal and state regulations require that local ordinances be updated to reflect the new mapping which becomes effective on September 28,2007. These maps are adopted as an overlay zoning district of the Official Zoning Map. As a result of the study, many of Roanoke's approximated floodplains (Zone A) have changed to Zone AO, known as shallow floodplains. Zone A designates an area where no base flood elevation has been determined. Zone AO designates an area with flood depths from one to three feet, and average depths of flooding have been determined. To inform the public about the changes to the mapping, the Engineering Division sponsored public information sessions on June 20 and June 21,2007, at the Jefferson Center. Approximately 2,000 notices of the sessions were mailed to the owners of all property within mapped floodplains. One hundred eleven property owners registered at the sessions. Considerations: The proposed amendments will bring the Zoning Ordinance into compliance with FEMA and Virginia Department of Conservation and Recreation requirements by adopting the revised maps. Because the current ordinance does not provide for shallow floodplain areas, the amendment will add the shallow floodplain (Zone AO) to the text where ;various floodplain areas are identified in Sec. 36.2-333(b). In addition, Sec. 36.2- 333(g)(6) ,Is to be amended to specify the regulations that apply to the shallow floodplain. Structures in the shallow floodplain are required to be elevated or flood proofed to two feet above the specified depth of flooding shown on the map. Increased accuracy of the mapping has resulted in adjusted boundaries of the floodplains. According to the Engineering Division, the new maps designate approximately 150 structures being within the 1 OO-year floodplain which were previously not within it. Conversely, about 180 structures which were previously in the floodplain will no longer be in the floodplain. The adjustments are significant because these boundaries determine whether or not a property owner is required to pay flood insurance premiums. Vision 2001-2020 supports the amendment through the following policy: PS P4. Code Administration. The City will continuously review development and building codes and their administration to ensure appropriate regulations and review processes that encourage quality development and protection of the public's health, welfare, and safety. 2 Recommendation The Planning Commission finds that the proposed amendment is consistent with and will further the purposes of the Comprehensive Plan and the Zoning Ordinance to protect people and property from flooding and recommends approval of the proposed amendments to City Council. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager Thomas Carr, Director of Planning, Building, and Development William M. Hackworth, City Attorney Luke Pugh, Civil Engineer II Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Assistant City Manager for Community Development 3 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, September 20, 2007, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.w., Roanoke, Virginia, to consider the following amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to update the Floodplain Overlay District (F) regulations: (1) 36.2-333(b) to delete the volume and date references and to add a date of September 28,2007, in a reference to a flood insurance study performed by the Federal Emergency Management Agency; (2) 36.2-333(b)(4) to add a reference to Zone AO; (3) 36.2-333(g)(2) to add a reference to the Dam Safety and Floodplain Management Division of the Virginia Department of Conservation and Recreation and remove the reference to the Division of Soil and Water Conservation; and (4) 36.2-333(g)(6) to add a reference to the shallow floodplain and specify the level to which structures shall be elevated or floodproofed in the flood-fringe, approximated floodplain, and shallow floodplain, the purpose of such amendments to clarify the identity of the basis upon which the floodplain regulations are based, to identify an additional floodplain zone, and to specify levels to which structures may be elevated or flood proofed in the flood-fringe, approximated floodplain, and shallow floodplain. A copy of the amendments is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1 730 before 12:00 noon on the Tuesday before the date of the hearing "listed above. Martha P. Franklin, Secretary City Planning Commission Please print in newspaper on September 4 and September 11, 2007. Please bill and send affidavit of publication to: Martha Franklin Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, VA 24011 (540) 853-1730 \ NonCE OF PUBLIC , HEARING I . The Council of the City of ---------------------------~=~~-~~~~~~~-=~~~~-----+---_____I~~~~~~~8~~~~~: soon thereafter as'the - I I matter may be heard,ln the 'Council Chamber, fourth I floor, In ,the Noel C. Taylor I Ml!nicipal Building, 215 Church Avenue, S.W., I Roanoke, Virginia, to consider the fol/owlng: I Request from the CIty of Roanoke Planning I Commission to amend and reordaln the following I amendments to Chapter 36.2, Zoning, of the Code of I the City of Roanoke (1979), asamended,toupdatethe I Floodplain OverlayDJstrlct (F) regulations: (1) I 36.2-333(b) to delete the I volume and date references and to add a dale of I September 28, 2007, In a reference to a flood I Insurance study performed by the Federal Emergency I Management Agency; (2) 36.2-333(b)(4) to add a I reference to Zone AO; (3) 36.2-333(g)(2) to add a I .,eference to the Dam Safety I and Floodplain Management Division of the Virginia I Department of Conservation and Recreation and remove I the reference to the Division of Soil and Wa te r I Conservation; and (4) 36.2-333{g)(6) to add a I reference to the shallow I floodplain and specify the jleVel to which structures I shall be elevated or /Ioodproofed In the I IfloCld-frlnge, approximated floodplain, and':shallow' I floodplalw,the purpose of such amendments to'clai'ify I the'ldentJty of the basls'upon which--the floodplain I regulations are based, to Identify an additional I floodplain zone, to clarify the I Identity of the entlty receiving notification of an I alteration or relocation of a watercourse. and to specify I levels to which structures may be elevated or I floodproofed In the I flood.frlnge, approximated III IflOOdPlain, and shallow \\" I , "" ""dplaln. " '" N " I ..."A'~r;. .JOJ_~" , Acopyofthe ...... L.. \ ......" TO'" I amendments Is available for .. (::)'V.' i'. , review in the Office of the PUBL I SHED ON, 09/14 09/2:; ~ ,,'i-\011o-"'C ". ~ -:;. I ICIl' Cf"" Room 456, N""f ... ~. o\Je\J '. -1..... ,C:Taylor Municipal BUilding, = <0.(", : ~ '""".'21 '"7' ... I 1215 Church Avenue, S.W ... Q) . #3'3'l:~v: = Roanoke, Virginia. ., = : 'RE.G . ~\SS\O\;'\ : <C' = I I . :<\11 parties In interest and = ..;c., ~rN COtJ\\~\ : ~ = I :cttlzens may appear on the -:. ", \\'\l~"J'I'" :--... ... ,above date and be heard on " ..... '. t;Y" C!i:: I Ithe matter. If you are a -:'~Q ", .,',\..!:.:f.:- !person with a disability who ........ ~A....' .' <.'4. ," I needsaccommodallonsfor ...." -'''70 '..,..' \)" " !this hearing, please contact TOTAL COST: -57428 '" IVWEAL'\\ ..,' I' Ithe City Clerk's Offlce,atl . '11, \" \ ,853.2541, before noon on ~ ~ ~~: - ~~ ~ - - - - - ~ ~ ~ ~ = ~ ~: _ _ _ _ - _ _ _ .~,'_I ~I ~'~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -l- _ _ _ _ _ _li~~gr:::n::rP:y:::: ~h: _ _ _ _ _ ~~J~.day of September, I Stephanie M. Moon, CMC, CltyClerH :(10486373) . L:-. Billing Services9fepresentative -< The Roanoke Times Roanoke, Virginia Affidavit of Publication STEPHANIE M. MOON CITY OF ROANOKE CLERK'S 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL ROANOKE VA 24011 OFFICE BLDG. aescn1'-' -. REFERENCE, 32143302 10486373 PUBLIC HEA NOTICE OF State of Virginia City of Roanoke It (the undersigned) an authorized representative of the Times-World Corporation, which corporation is p~blisher of the Roanoke Times, a daily n~wspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virgi~ia. Sworn and subscribed before me this __~~~day of September 2007. Witness my hand and official seal. ~;~i~~~-~~-=~:~:~e~:c ("", e- m "" '"' . <S' -J ~ ~ ~ Hi "T.l P,) --J q~'\ / NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, October I, 2007, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke Planning Commission to amend and reordain the following amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to update the Floodplain Overlay District (F) regulations: (I) 36.2-333(b) to delete the volume and date references and to add a date of September 28, 2007, in a reference to a flood insurance study performed by the Federal Emergency Management Agency; (2) 36.2-333(b)(4) to add a reference to Zone AO; (3) 36.2-333(g)(2) to add a reference to the Dam Safety and Floodplain Management Division of the Virginia Department of Conservation and Recreation and remove the reference to the Division of Soil and Water Conservation; and (4) 36.2- 333(g)(6) to add a reference to the shallow floodplain and specify the level to which structures shall be elevated or floodproofed in the flood-fringe, approximated floodplain, and shallow floodplain, the purpose of such amendments to clarify the identity of the basis upon which the floodplain regulations are based, to identify an additional floodplain zone, to clarify the identity of the entity receiving notification of an alteration or relocation of a watercourse, and to specify levels to which structures may be elevated or floodproofed in the flood-fringe, approximated floodplain, and shallow floodplain. j " A copy ofthe amendments is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Thursday, September 27,2007. GIVEN under my hand this 11 th~day of September ,2007. Stephanie M. Moon, CMC, City Clerk K:\l':OTICESIJ\'-fLOO])PLA1N - IO-l-07.DOC Notice to Publisher: Publish in the Roanoke Times on Friday, September 14, 2007, and Septymber 21, 2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 '> <iJ!~ .~~L-'~' ~ '~'. -~. ..oit.), - ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.. Suite 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E~mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R 1YREE Assistant Deputy City Clerk October 2, 2007 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37917-100107 appropriating funds from the Commonwealth of Virginia for the Fire Program Grant, and amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007, and is in full force and effect upon its passage. Sincerely, ~~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager James Grigsby, Assistant City Manager for Operations H. David Hoback, Chief, Fire/EMS Vincent Stover, Fire-EMS Support Administrator Sherman M. Stovall, Director, Office of Management and Budget ~'; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37917-100107. AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the Fire Program Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY08 . 35-520-3337-2035 35-520-3337-2044 35-520-3337-2064 35-520-3337-2065 35-520-3337-9073 $ 105,194 10,000 70,000 5,000 60,000 35-520-3337-3337 250,194 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~M'~Qw City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 . Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fa" (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk <>%~ - STEPHANIE M. MOON. CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk October 2, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37916-100107 authorizing acceptance of the FY2008 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007. Sincerely, ~'M,~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations H. David Hoback, Chief, Fire/EMS Vincent Stover, Fire-EMS Support Administrator Sherman M. Stovall, Director, Office of Management and Budget 5h$ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37916-100107. A RESOLUTION authorizing acceptance of the FY2008 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2008 Fire Programs Funds Grant in the amount of $250,194.00, such grant being more particularly described in the letter of the City Manager to Council dated October I, 2007. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Fire Programs in connection with the acceptance of the foregoing grant. ATTEST: ~'Yv\.~~ . City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 FaX' (540) 853-1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Department of Fire Programs Grant Background: The Fire Programs Fund was established by the General Assembly during the mid 1980s. Program guidelines require that funds received are non- supplanting and may not be used to replace existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. The City of Roanoke's FY08 allocation of $250,194 from the Department of Fire Programs was deposited into account 35-520-3337-3337. The Roanoke Fire-EMS Department will appropriate these funds for the folloWing items: Expendable Equipment < $5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy $ 1 05, 1 94 10,000 70,000 5,000 60,000 Total: $250,194 Honorable Mayor and Members of City Council October 1 , 2007 Page 2 Recommended Action: Authorize the City Manager to accept the grant and file any documents, approved as to form by the City Attorney; setting forth the conditions of the FY2008 Fire Programs Funds Grant, to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue estimate for Fire Program FY08 - State and to appropriate funding in the amount of $250,194 in various expenditure accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, ~ Darlene L. Burc am City Manager DLB:tb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations H. David Hoback, Chief of Fire and EMS Vincent Stover, Fire-EMS Support Administrator CM07-00158 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN D~puty City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk October 2, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37918-100107 readopting an Emergency Operations Plan for the City of Roanoke. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007. Sincerely, ~'M.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget James Grigsby, Assistant City Manager for Operations Michael J. Guzo, Emergency Services Coordinator t-~ \j IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37918-100107. A RESOLUTION readopting an Emergency Operations Plan for the City of Roanoke. WHEREAS, this Council is greatly concerned with the health, safety, and well-being of its citizens and desires that the best possible emergency services be available to them; WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia (1950), as amended, requires that each city and county in the Commonwealth maintain an Emergency Operations Plan which addresses its planned response to emergency situations; WHEREAS, such an Emergency Operations Plan was developed by City staff in coordination with the then Virginia Department of Emergency Services, and City Council, by Resolution No. 35688-12170 I, authorized the adoption of an Emergency Operations Plan; and WHEREAS, the Emergency Operations Plan has been revised and updated and State law requires the readoption of emergency operations plans every four years; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby adopt the revised Emergency Operations Plan for the City of Roanoke in accordance with the recommendation contained in the City Manager's letter to Council dated October I, 2007. ATTEST: .~rn.~ City Clerk. V.\M~4C:::TTPl<'<'::\J:1MP1U~l'11\Jrv nf'l<R ATTON.;: PT ,AN ?M7 n()~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason., Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Emergency Operations Plan Background: The City of Roanoke prepares and maintains an Emergency Operations Plan, hereafter referred to as the Plan, in accordance with the Code of the City of Roanoke, Virginia, Section 2-126 and the Commonwealth of Virginia Emergency Services and Disaster Laws, Title 44, Chapter 3.2. The Council of the City of Roanoke adopted the current Plan on December 17, 2001. In accordance with Code of Virginia 944-146.19, a comprehensive review and revision of the emergency operations plan must be adopted on a regular basis. With the changes in the federal response plan, state emergency operations plan, and overall disaster and emergency management development, it was necessary to re-write the Plan. Considerations: The Plan provides an organizational framework and response capability from which the City can respond to any type of disaster or large-scale emergency whether the cause is natural, technological or war-related. Associated departments have reviewed and revised the applicable sections of the Plan and those changes have been incorporated. Honorable Mayor and Members of City Council October 1, 2007 Page 2 The Plan provides that emergency services operations be structured around existing constitutional governments, and that in the event of an emergency, if City Council cannot convene, then the City Manager, or a predetermined representative in the absence of the Manager, has authority to act in accordance with the Code of Virginia, ~44-146.21, to declare a local emergency. Recommended Action: Council adopt the 2007 Edition of the Emergency Operations Plan for the City of Roanoke. Respectfully submitted, ~ Darlene L. Burc City Manager DLB:mg c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby; Assistant City Manager for Operations Michael j. Guzo, Emergency Services Coordinator CM07-00155 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE Assistant Deputy City Clerk October 2, 2007 Darlene L. Burcham city Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7919-100107 expressing the support of the Council of the City of Roanoke to the Virginia Department of Transportation for the repainting of two 1-581 bridges, one over Williamson Road and the other over Kimball Avenue. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007. Sincerely, /5FtJaM.., ~. "M 0 cM/ Stephanie M. Moon, C~'cS City Clerk SMM:ew Attachment pc: Leo H. Rutledge, Jr., Urban Program Manager, Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget. Mark D. Jamison, P.E., Manager of Transportation ~\, s IN THE COUNCIL OF THE CITY OF ROANOKE, VlRGINIA, The 1st day of October, 2007. No. 37919-100107. A RESOLUTION expressing the support of the Council of the City of Roanoke to the Virginia Department of Transportation for the repainting of two 1-581 bridges, one over Williamson Road and the other over Kimball Avenue. WHEREAS, in accordance with Virginia Department of Transportation (nVDOTn) requirements, City Council must document the City's support, by resolution, of a project before an award of funds can be made available for the project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City hereby endorses the repainting of two 1-581 bridges, one over Williamson Road and the other over Kimball A venue, such improvements being more particularly described in the City Manager's letter dated October I, 2007, to City Council. 2. The City agrees to pay a two per cent (2%) match to the funds. 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements providing for the repainting oftw? 1-581 bridges, one over Williamson Road and the other over Kimball Avenue, such agreements to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to transmit an attested copy of this resolution to VDOT. ATTEST: , In. ~.I\J~ City Clerk. . R-VDOT - SYIP - Repaint 2 1-581 Bridges 100107 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: VDOT Project Resolution Addition to Six-Year Improvement Program FY2008-2013 Background: The Virginia Department of Transportation (VDOT) has advised the City of Roanoke that funds are available for programming a new project in the current Six-Year Improvement Program (SYIP.) The identified funds are reconciliation funds, which remain available from older projects within the City such as Wells Avenue project. The proposed new project is the repainting of two 1-581 bridges; one over Williamson Road and the other over Kimball Avenue. Neither of these bridges is identified on VDOT's work lists and would not be scheduled for repainting for some time. In light of expected national attention surrounding the opening of the Art Museum next year, repainting of these bridges will be part of an effort to improve the surrounding infrastructure. Considerations: Prior to placing the project into the SYIP, the Virginia Department of Transportation requires a City Council resolution in support of this project. Further, the provisions of the SYIP require the City to provide a local match representing two percent of total project costs. Total project costs are expected to be $1,290,000. Two percent of the total project cost is $25,800. Honorable Mayor and Members of City Council October 1, 2007 Page 2 These matching funds are available in capital account 08-530-9575-9210, entitled "Capital Improvement Reserve - VDOT Match." Funds in this account are typically used to fund the City's match for VDOT projects and will be transferred to a project specific account when established. Recommendation: City Council adopt the accompanying resolution in support of the addition of this project to the FY2008-2013 SYIP. arlene L. Bur City Manager DLB/MDJ/gpe c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Mark D. Jamison, P.E., Manager of Transportation CM07-00156 ;.. I) TY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.. Suite 456 Roanoke. Virginia 24011-1536 Telephone; (540) 853-2541 Fax; (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk October 2, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordi.nance No. 37920-100107 amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 11.2, Stormwater Manaqement, consisting of 99 11.2-1 through 11.2-23, and enacting a new Chapter 11.4, Stormwater Manaqement, being a comprehensive revision of the stormwater management regulations of the City, effective January 1, 2008; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007, and is in full force and effect upon its passage. Sincerely, ~m,~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham October 2, 2007 Page 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development Steven j. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission ~sf\\cf\ ~( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37920-100107. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 11.2, Stormwater Management, consisting of SS 11.2-1 through 11.2-23, and enacting a new Chapter 11.4, Stormwater Management, being a comprehensive revision of the stormwater management regulations of the City; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the City's Comprehensive Plan, Vision 2001 - 2020, recognizes the importance of environmental quality stating that, "Roanoke will protect the environment and ensure quality air and water for citizens of the region. Special emphasis will be placed on the Roanoke River and its tributaries. Stormwater management will be addressed on a regional as well as local level; " WHEREAS, land-disturbing activities and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; WHEREAS, increased stormwater runoff contributes to increased quantities of water-borne pollutants; WHEREAS, stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from' land- disturbance sites; WHEREAS, the City's regulations pertaining to stormwater management need to be updated and made consistent with current state code requirements; L:\A TIQRNEY\DA TA\CLLDl\ORDINANCES\O-$tonnwater Ordinance 9-27-07~version for CAO.doc I WHEREAS, because stormwater management is an issue which affects the Roanoke Valley region and not simply a single jurisdiction, representatives from the City and from Roanoke County have drafted ordinances to be adopted by their respective governing bodies, such ordinances being developed to be consistent and supportive of one another; and WHEREAS, this Council, after considering the proposed stormwater management ordinance, is of the opinion that the proposed stormwater management ordinance is necessary for the management of stormwater in the City of Roanoke and ought to be adopted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 11.2, Stormwater Management, consisting of 99 11.2-1 through 11.2-23, of the Code ofthe City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of a new Chapter 11.4, Stormwater Management, consisting of 9911.4-1 through 11.4-30, to read and provide as follows: Chapter 11.4. Stormwater Management. Article 1. In General. Section'II.4-1. Title and Authoritv. (a) This chapter shall be known as the "Stormwater Management Ordinance of the City of Roanoke, Virginia." (b) The Virginia Stormwater Management Act ("Act"), Sections 10.1-603.2, et seq., of the Code of Virginia (1950), ~ amended, enables localities to adopt, by ordinance, a stormwater management program consistent with state regulations promulgated pursuant to law. Section 11.4-2. Purpose. L:\A TTORNEY\DA TA\CLLDl\ORDINANCES\O.Stormwater Ordinance 9-27.07-version for CAO.doc 2 The purpose of this chapter is to establish mmlmum stormwater management requirements and controls to protect property, safeguard the general health, safety, and welfare of the public residing in watersheds within the City, and to protect aquatic resources. This chapter seeks to meet that purpose through the following objectives: (a) Require that land-disturbing activities maintain the same after- development runoff characteristics, as nearly as practicable, as the pre- development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage associated with land-disturbing activities; (b) Establish minimum design criteria for the protection of properties and aquatic resources downstream from land-disturbing activities from damage due to increases in volume, velocity, frequency, duration, and peak flow rate of storm water runoff; (c) Establish minimum design criteria for measures to mmlmlze nonpoint source pollution from stormwater runoff which would otherwise degrade water quality; (d) Establish provisions for the long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff; and (e) Establish certain administrative procedures for the submission, review, approval, and disapproval of stormwater plans, and the inspection of approved proj ects. Section 11.4-3. Applicabilitv. (a) This chapter shall be applicable to all subdivision, site plan or land- disturbing activities, including denuding and mass grading, unless eligible for a variance by the City under the provisions of Article III of this chapter. (b) This chapter shall be applicable to land-disturbing activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development. that meets the applicability criteria, even though multiple separate and distinct land-disturbing activities may take place at different times on different schedules. (c) All stormwater management plans submitted for consideration under the terms of this chapter must be reviewed by the City to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with the City's and regional watershed plans. L:\A TTORNEY\DA TA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 3 (d) The following activities are exempt from these stormwater performance requirements: (I) Permitted surface or deep mining operations and projects, or oil and gas operations and proj ects conducted under the provisions of Title 45.1 of the Code of Virginia (1950), as amended; (2) Clearing of lands specifically for agricultural purposes and the management, tilling, planting or harvesting of agricultural, horticultural, or forest crops; (3) Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures; (4) Minor subdivisions for single-family residences that disturb a combined area of less than one acre of land area; (5) Land-disturbing activities that disturb less than 5,000 square feet of land area, except for activities that are part of development or sale that is 5,000 square feet or greater of disturbance; (6) Linear development projects, provided that (i) less than 5,000 square feet of land will be disturbed per outfall, (ii) the resulting increase in the peak flow discharge from a 10- year storm event is less than 0.5 cubic feet per second, and (iii) there are no existing or anticipated flooding or erosion problems downstream of the, discharge point as determined by the Administrator; (7) Activities under' a state or federal reclamation program to return an abandoned property to an agricultural or open land use; and (8) Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project and that disturbs less than five acres ofland. (e) Any additions, extensions, or modifications to development which were previously exempt shall provide stormwater management for the entire combined development when the acreage limitations are exceeded. Section 11.4-4. Comoatibilitv with Other Requirements. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this chapter should be considered minimurn requirements, and where any provision of this chapter imposes 'restrictions different from those imposed by any other ordinance, rule or regulation, or L\ATIORNEY\DA TA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAD.doc 4 other provISIOn of law, whichever prOVISIOns are more restnctlve or Impose higher protective standards for human health or the enviromnent shall apply. Section 11.4-5. Stormwater Management Design Manual. (a) The City will utilize the policy, criteria and information, including the specifications and standards of the Manual for the proper implementation of the requirements of this chapter. (b) The City Manager may update or revise the Manual from time to time, based on improvements in engineering, science, monitoring and local maintenance experience, without approval by City Council. (c) Stormwater treatment practices that are designed and constructed in accordance with the design and sizing criteria set forth in the Manual are presumed to meet the minimum water quality performance standards by the Commonwealth of Virginia. L:\A TTORNEY\DA TA\CLLDl \ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 5 Article II. Program Permit Procedures and Requirements. Section 11.4-6. Pennit Required. (a) No land owner or operator shall receive any building, grading or other land development permits required for land-disturbing activities without first meeting the requirements of this chapter prior to commencing the proposed activity. (b) Should a land-disturbing activIty associated with an, approved plan in accordance with this section not begin durjng the l80-day period following approval or cease for .more than 180' days, the City may evaluate the existing approved stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the City finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the initiation or resumption ofland-disturbing activities. (c) No land development permit, building permit, or other land-disturbing activity shall be granted or extended for more than five (5) consecutive years from the date of the original permit issuance without reevaluation of the stormwater management requirements of this chapter. Section 11.4-7. Permit Application Requirements. (a) Unless specifically exempted by this chapter, any land owner or operator desiring a permit for a land disturbance activity shall submit to the City a permit application on a form provided by the City for that purpose. (b) Unless specifically exempted by this chapter, a permit application must be accompanied by the following in order that the permit application be considered: (I) Stormwater management plan in accordance with Section 11.4-8; (2) Maintenance agreements in accordance with Section 11.4-9; (3) Permit application and plan review fee in accordance with Section 11.4-11; and (4) Completed submittal checklist. (c) Permit applications shall comply with the requirements contained within the Manual. L\A TTORNEY\DA T A\CLLDl\ORDINANCES\O-Stormwater Ordinance 9.27.07-version for CAO.doc 6 Section 11.4-8. Stormwater Management Plan. (a) No application for land development, land use conversion, or land- disturbing activity will be approved unless it includes a stormwater management plan, as required by this chapter, detailing how runoff and associated water quality impacts resulting from the activity will be controlled or managed. (b) No building, grading, or sediment control permit shall be issued until a satisfactory stormwater management plan, or a variance thereof, shall have undergone a review and been approved by the Administrator after determining that the plan or variance is consistent with the requirements of this chapter. (c) Stormwater Management Concept Plan. (I) Prior to submitting any stormwater management plan, the land owner or operator may submit a concept plan to the Administrator for determining if whether the proposed stormwater management plan generally meets the requirements of this chapter and other regulations. . (2) The stormwater management concept plan will include all information required to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. Submittal, review, approval, and resubmittal of stormwater management concept plans shall comply with the requirements set forth in the Manual. (3) A stormwater management concept plan and meeting with the Administrator is required prior to the submission of the stormwater management plan if the proposed land development plan meets any of the following criteria: (A) The project includes a jurisdictional wetland, perennial stream or intermittent stream on the development property; (B) The project includes 25% or greater slopes in the area of land disturbance; (C) Runoff from the project has the potential to inundate or otherwise adversely impact downstream properties; or L:\A TTORNEY\DA T A\CLLDl \ORDINANCES\O-Stormwater Ordinance 9-27-07-vetsion for CAO.doc 7 (D) Runoff from the project will be discharged to a City-owned storm drain system. (d) Stormwater Management Plan. (1) The stormwater management plan shall be sealed appropriately and signed by a professional in adherence with all minimum standards and requirements pertaining to the practice of that profession in accordance with the provisions of 954.1-400, et seq., ofthe Code of Virginia (1950), as amended, certifying that the plan meets all submittal requirements outlined in this chapter and is consistent with good engineering practice. (2) The stormwater management plan shall include all of the information required in the Final Stormwater Management Plan checklist found in the Manual. . Section 11.4-9. Stormwater Facilitv Maintenance Agreements. Prior to approval of a development plan and the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the permittee or owner of the site must execute a maintenance agreement, providing access to the City, or the City's designee, and a formal maintenance schedule that shall be binding on all subsequent owners ofla.nd served by the stormwater management facility. . (a) The maintenance agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the City, or its contractor or agent or other designee, and for regular assessments of land owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. Access easement dimensional and location requirements are discussed in detail in the Design Manual. (b) When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the City shall be authorized to enter any public or private property at any reasonable time for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. (c) Maintenance of all stormwater management facilities shall be ensured through the establislunent of a formal maintenance agreement that must be approved by the City and recorded with the Clerk of Circuit Court prior to final plan approval. The agreement shall identify by name or official title the responsible party for carrying out the maintenance including the owner, L:\A TIORNEY\DA TA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9.27-07-version for CAQ.doc 8 governmental agency or other legally established entity to be permanently responsible for maintenance. (d) The operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the responsible party and shall pass to any successor in title. The maintenance agreement shall run with the property in perpetuity such that if portions of the land are subdivided or sold, the maintenance agreement shall pass to the successors in title. The City shall approve any changes to the maintenance agreement. should the sale or subdivision of a portion of the property necessitate changes in the previous agreement. These subsequent arrangements shall designate for each land owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. (e) As part of the agreement, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The agreement shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled maintenance and should also include "failure to maintain" provisions. The terms of the maintenance agreement shall incorporate and be consistent with the requirements of the operation and maintenance portion of the stormwater management plan as described in the Manual. (f) In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the City reserves the authority to perform the work and to recover the costs from the land owner. Section 11.4-10. Performance Bonds. (a) The City may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement, all of which shall be in a form approved by the City prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permittee as required by the approved stormwater management plan. The permittee shall be notified of performance bond requirements during the plan review process. (b) The amount of the installation performance security shall be the total estimated construction cost of the storm drainage systems and stormwater management facilities approved under the permit, plus 25% as an allowance for administrative costs, inflation and damage to existing facilities. L:\A TIQRNEY\DA T A \CLLD 1 \ORDINANCES\O-Stonnwater Ordinance 9-27-07 -version for CAD.doc 9 (c) The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. (d) If the City takes such action upon such failure by the permittee, the City may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the security held. (e) At the request of the permittee, at the completion of the requirements of the approved stormwater management plan in the form of as-builts and certification documentation, such bond, cash escrow, letter of credit or other legal arrangement, shall be refunded to the permittee or terminated. (f) These requirements are in addition to all other provisions of City requirements relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. Section 11.4-11. Permit Application Procedure. (a) Applications for land disturbance activities, and all related construction' activity and plans may be filed with the City on any regular business day. (b) Permit applications and the stormwater management plan shall include all of the information required by the Manual. (c) Within five (5) working days from the receipt of an application, the City shall conduct a preliminary review of the application for completeness. During this period, the City shall either accept the application for review, or reject the application for incompleteness. (I) If the City rejects the application for incompleteness, it shall inform the applicant in writing within five (5) working days of the submittal date, stating the reasons for non-acceptance. (2) If the City accepts the application for review, the review period shall begin on the date of acceptance and the City shall begin review of the application for conformance with the requirements of this chapter, the Manual and any other regulations. (d) Within twelve (12) working days of the acceptance of a complete permit application, including all documents as required by the Manual, the City shall notify the applicant whether the application is approved or disapproved. L\A TTORNEY\DA TA\CLLDl\ORDINANCES\O~Stormwater Ordinance 9-27-07-version for CAO.doc 10 (e) If the permit application, stormwater management plan or maintenance agreement are disapproved, the City shall communicate the decision to the applicant in writing. The applicant may then revise the submittal. If additional information is submitted, the City shall have twelve (12) working days from the date the additional information is received to inform the applicant that the submittal is approved or disapproved. (f) If the permit application, stormwater management plan and maintenance agreement are approved by the City, the following conditions apply: (I) The applicant shall comply with all applicable requirements of the approved plan and this chapter and shall certify that all land clearing, construction, land disturbance and drainage will be done according to the approved plan. (2) The land disturbing activity and development shall be conducted only witllln the area specified in the approved plan. (3) The City shall be allowed to conduct periodic inspections of the project. (4) The person responsible for implementing the approved plan shall conduct monitoring and submit reports as the City may require to ensure compliance with the approved plan and to determine whether the plan provides effective stormwater management. (5) No changes may be made to an approved plan without review and written approval by the City. (6) A certified inspection, in accordance with Section 11.4-22, of all aspects of the stormwater management facility construction and geotechnical inspections during subsurface or backfilling and compaction activities shall be required. (g) Where a construction project or a land disturbance activity has not been completed within five (5) years of the approval of the stormwater management plan, the applicant shall revise, if necessary, and resubmit the stormwater management plan to the City for review. The City shall review the resubmitted stormwater management plan in accordance with the requirements set forth in this chapter. L:\A TTORNEY\DA TA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27.07-version for CAO.doc II Article III. Variances to Stormwater Management Requirements: Section 11.4-12. Variances for Providing Stormwater Management. I (a) Every applicant shall provide for stormwater management, unless the applicant files a written request for a variance from this requirement. A request for a variance from the stormwater management plan requirements shall be submitted in writing to the City for approval. (b) A variance from the requirements of this chapter may be granted by the Administrator, provided that: (i) the variance from the criteria are the minimum necessary to afford relief, and (ii) reasonable and appropriate conditions shall be imposed as necessary upon any variance granted so that the intent of this chapter is preserved. (c) An applicant may be granted a variance from the minimum requirements for stormwater management upon written request of the applicant, provided that at least one ofthe following conditions applies: (1) It can be demonstrated that the proposed development will not impair attainment of the objectives of this chapter. (2) Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the City and that is required to be implemented by this Code; (3) Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and has a legally obligated entity responsible for long- term operation and maintenance of the stormwater practice. (4) The City finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site. (d) Economic hardship is not a reason to grant a vanance from the requirements of this chapter. (e) In instances in which one of the conditions above applies, the City may grant a variance from strict compliance with the requirements of this chapter, provided that acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the Administrator that the downstream waterways will not be subject to: L:\A TTORNEY\DA TA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-D7-verslon for CAD.doc 12 (1) Deterioration of existing culverts, bridges, dams, and other structures; (2) Deterioration of biological functions or habitat; (3) Accelerated streambank or streambed erosion or siltation; (4) Increased threat of flood damage to public health, life and property. (f) If a regional stormwater management facility, designed to control stormwater quantity or quality, currently operates or is scheduled to be constructed downstream of the proposed development, the City has the option to require the developer to pay a fee for its share of the responsibility of the regional stormwater management facility. Paying a fee-in-lieu of stormwater management practices' does not relieve the developer of meeting any requirements of this stormwater ordinance other than the negotiated relief. The developer is responsible for ensuring that downstream properties are not negatively impacted by stormwater flow, velocity, or quality leaving the developed site. Section 11.4-13. Hearings and Appeals. (a) Any permit applicant or permittee aggrieved by an action of the Administrator taken without a formal hearing, or by inaction of the Administrator, may demand in writing a formal hearing by the Administrator, provided a petition requesting such hearing is filed with the Administrator within thirty (30) days of notice of the action complained subject to the complaint. (b) Appeals by a permittee aggrieved by any final' decision of the Administrator after the hearing required in subsection (a), above, may be prosecuted in accordance with section 10.1-603.13 of the Virginia Code of 1950, as amended. L:\A TTORNEY\DAT A\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 13 Article IV. General Criteria for Stormwater Management. Section 11.4-14. General. (a) The Manual shall govern general and specific criteria for stormwater management calculations, designs, and implementation. The following technical criteria shall be applied on all applicable land-disturbing activities. (b) Determination of flooding and channel erosion impacts to receIVIng streams due to land-disturbing activities shall be measured at each point of discharge from the land disturbance, and such determination shall include any runoff from the balance of the watershed which also contributes to that point of discharge. (c) The specified design storms shall be defined as either a 24-hour storm using the rainfall distribution recommended by the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) when using NRCS methods, or as the storm of critical duration that produces the greatest required storage volume at the site when using a design method such as the Modified Rational Method as defined in the Manual. (d) For purposes of computing runoff, all pervious lands in the site shall be assumed prior to disturbance to be in good condition (if the lands are pastilles, lawns, or parks), with good cover (if the lands are woods), or with conservation treatment (if the lands are cultivated) regardless of conditions existing at the time of computation. (e) For land disturbing activities, pre-development runoff quantities shall be computed based on pre-construction land conditions that existed over the five (5) years prior to the application date that results in the lowest pre- development peak rate of runoff. For sites being redeveloped, pre- development conditions runoff quantities shall be computed based on the site conditions that existed over the five (5) years prior to the application date that results in the highest pre-development peak rate of runoff. (f) Construction of stormwater management" facilities or modifications to channels shall comply with all applicable laws and regulations. Evidence of approval of all necessary permits shall be presented. (g) Impounding structures that are not covered by the Impounding Structure Regulations (4 V AC 50-20-10, et. seq.) shall be engineered for structural integrity during a 100- year storm event. (h) Pre-development and post-development runoff rates shall be verified by calculations that are consistent with good engineering practices. L\A TIORNEY\DA T A\CLLDl\ORDINANCES\O-Stonnwater Ordinance 9-27-07-version for CAO.doc 14 (i) Outflows from a stormwater management facility or stormwater conveyance system shall be discharged to an adequate channel. If an adequate channel does not exist, an owner may provide alternative means to handle peak flows as identified in the Manual and as approved by the Administrator as part of the Stormwater Management Plan review process. (j) Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the land disturbance as a whole. Individual lots in new subdivisions shall not be considered separate land- disturbing activities, but rather the entire subdivision shall be considered a single land-disturbing activity. Hydrologic parameters shall reflect the ultimate disturbance and shall be used in all engineering calculations. (k) All stormwater management facilities shall have an inspection and maintenance plan which identifies the owner and the responsible party for carrying out the inspection and maintenance plan. (1) Construction of stormwater management impoundment structures within a Federal Emergency Management Agency (FEMA) designated IOO-year floodplain shall be avoided to the extent possible.. When this is unavoidable, all stormwater management facility construction shall be in compliance with all applicable regulations under the National Flood Insurance Program, 44 CFR Part 59. (m) Natural channel characteristics shall be preserved to the maximum extent practicable. (n) Land-disturbing activities shall comply with the provisions of Chapter 11.1, Erosion and Sediment Control, of this Code. (0) Non-structural stormwater practices and low impact development (LID) practices designed to reduce the volume of stormwater runoff are encouraged to reduce the amount of stormwater runoff that must be managed. This will help to minimize the reliance on structural practices which require ongoing maintenance in order to be effective. (I) The City may allow non-structural stormwater practices to be used in conjunction with or in place of structural measures in order to satisfy, partially or in whole, the requirements of this chapter, if the performance and implementation standards of such measures are documented in peer reviewed technical literature, are acceptable to the City based on its exercise of sound professional judgment, and the City finds that the measures would achieve equivalent benefit for water quantity or water quality protection as would otherwise be provided by structural measures. (2) Non-structural site and LID development measures may include, but are not limited to, maintaining undisturbed naturally vegetated L\A ITORNEY\DA TA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 15 areas; mlrumlzation of impervious surfaces, stream buffer restoration, providing additional stream buffer areas, wetland restoration, water reuse and recycling, and development design that reduces the rate, time of concentration, and volume of stormwater runoff. (P) The design of all stormwater management facilities and structures shall incorporate appropriate safety measures which may include safety ledges, fencing, warning signs, anti-vortex devices, stadia rod indicating depth at the lowest point, outlet structures designed to limit public access, and other appropriate measures as applicable. (q) Outlets from stormwater management facilities shall be designed to function without manual, electrical, or mechanical controls. Such controls may be allowed on a case-by-case basis if detailed operating, testing and maintenance procedures are included as part of the maintenance agreement, the system is designed with an alarm to notify of a malfunction, and these provisions are presented to the Administrator as part ofa variance request as described in section 11.4-12 of this Chapter. Section 11.4-15. Structural Stormwater Management Practices. (a) All stormwater management practices shall be designed so that the specific storm frequency peak discharge flow rate and storage volumes are met, unless the Administrator grants the applicant a variance or the applicant is exempt from such requirements. In addition, if hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, as determined by the City, the City reserves the right to impose additional requirements deemed necessary to protect downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of storm water runoff. (b) Stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered: (1) Topography; (2) Maximum drainage area; (3) Depth to water table; (4) Soils; (5) Slopes; (6) Terrain; (7) Hydraulic head; and (8) Location in relation to environmentally sensitive features. (c) All stormwater management practices shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to: L:\AITORNEY\DA TA\CLLD1\ORDINANCES\O-Stonnwater Ordinance 9-27-07-version for CAO.doc 16 (1) Maximizing of flow paths from inflow points to outflow points; (2) Protection of inlet and outfall structures; (3) Elimination of erosive flow velocities; and (4). Providing of under drain systems, where applicable. (d) Stormwater treatment practices shall be required to have an acceptable form of water quality pretreatment as set forth in the Manua:!. Stormwater infiltration. practices or practices having an infiltration component are prohibited, even with pretreatment, in the following circumstances: (1) Where bedrock, impermeable strata or clay lenses, or groundwater is present within 3 feet below the invert of the infiltration practice; (2) Where the infiltration practice will be placed in fill material; (3) Where the infiltration practice will be placed in soils with 30 percent or greater clay content, or the soils have an infiltration rate of less than 0.52 inches per hour or greater than 8.27 inches per hour; (4) Where the infiltration practice will be placed on a slope of greater than 20 percent; (5) Where the infiltration practice is within 20 feet downgradient of a structure or 100 feet up gradient of a structure, or within 100 feet of a drinking water well, or within 20 feet of a wastewater septic tank or drain field; (6) Where the underlying geology is defined as karst geology; (7) Where stormwater is generated from highly contaminated source .areas known as "hotspots" or where stormwater runoff includes a contaminated non-stormwater component; or (8) Where stormwater is being managed in a designated groundwater recharge area. ( e) All stormwater management practices shall be designed to capture and treat stormwater runoff according to the specifications outlined in the Manual. These specifications will designate the water quality treatment and water quantity criteria that apply to an approved stormwater management practice. (f) All stormwater management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation. This plan must be prepared by a L\A TTORNEY\DA TA\CLLD1\ORDINANCES\O.Stonnwater Ordinance 9-27-07-version for CAO.doc 17 qualified individual familiar with the selection of emergent and upland vegetation appropriate for the selected BMP. (g) A legally binding covenant specifying the responsible part(ies) for the proper maintenance of all stormwater treatment practices shall be secured prior to approval of development plans or issuance of any permits for land disturbance activities. In addition, all stormwater treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all access easements required for the City to periodically access and inspect the stormwater treatment practices. Section 11.4-16. WaterOualitv. (a) All stormwater runoff from land-disturbing actIVItIes impervious areas shall be treated by appropriate best management practices prior to leaving the property unless BMPs are not required to meet the water quality requirements of this chapter. (b) Minimum Standard - Compliance with the minimum water quality criteria for phosphorous removal may be achieved by applying the performance- based.or the teclmology-based criteria to either the site or a planning area. (1) Performance-based criteria. For land-disturbing activities, the calculated post-development nonpoint source pollutant runoff load shall be compared to the calculated pre-development load based upon the average land cover condition (assumed value of 16% of land covered by impervious surface) or the existing site condition. BMPs shall be located, designed, and maintained to achieve the target pollutant removal efficiencies specified in Table I to effectively reduce the pollutant load to the required level based upon the following four applicable land development situations for which the performance criteria apply: (A) Situation 1 consists of land-disturbing activities where the existing impervious cover is less than or equal to 16% and the proposed improvements will create a total impervious cover which is less than 16%. Requirement: No reduction in the after disturbance pollutant discharge is required. Table 1* Water Quality BMP Target Phosphorus Percent Impervious Removal Efficiencv Cover Vegetated Filter Strip 10% 16-21 % Grassed Swale 15% L:\A TTORNEY\DA TA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 18 Constructed Wetlands 20% Extended Detention (2x WQV) 35% 22-37% Retention Basin I (3x WQV) 40% Bioretention Ba~in 50% Bioretention Filter 50% Extended Detention-Enhanced 50% 38-66% Retention Basin II (4x WQV) 50% Infiltration I (Ix WQV) 50% Sand Filter 65% Infiltration II (2x WQV) 65% 67-100% Retention Basin III (3x WQV 65% with Aquatic Bench) . Innovative or alternate BMPs not included in this table which remove appropriate non-point soutce pollution other than phosphorous (such as petroleum hydrocarbons, sediment, etc.) may be allowed at the discretion of the Administrator, if such innovative or alternate BMPs are shown to the satisfaction of the Administrator, to provide equivalent or better removal efficiency compared to those BMPs shown in the Table. (B) Situation 2 consists of land-disturbing activities where the existing impervious cover is less than or equal to 16% and the proposed improvements will create a total impervious cover which is greater than 16%. Requirement: The pollutant discharge after disturbance shall not exceed the pollutant discharge based on 16% impervious cover. (C) Situation 3 consists of land-disturbing activities where the existing percent impervious cover is greater than 16. Requirement: The pollutant discharge after disturbance shall not exceed (i) the pollutant discharge based on exis~ing conditions less 10% or (ii) the pollutant discharge based 16% impervious cover whichever is greater. (D) Situation 4 consists of land-disturbance activities where the existing percent impervious cover is served by an existing stormwater management BMP that addresses water quality. Requirement: The pollutant discharge after disturbance shall not exceed the existing pollutant discharge based on the existing percent impervious cover while served by the existing BMP. The existing BMP shall be shown to have been designed and constructed in accordance with proper design L\A TTORNEY\DATA\CLLDl\ORDINANCES\O.Stormwater Ordinance 9-27-07-version for CAD.doc 19 standards and specifications, and to be III proper functioning condition. (2) Technology-based criteria. 'Por land-disturbing activities, the post- developed stormwater runoff from the impervious cover shall be treated by an appropriate BMP as required by the post-developed condition percent impervious cover as specified in Table I. The selected BMP shall be located, designed, and maintained to perform at the target pollutant removal efficiency specified in Table I. (c) Additional Requirements - Prior to the design of stormwater management systems, applicants are encouraged to consult with the Administrator to determine if they are subj ect to additional stormwater design requirements due to environmental quality concerns at the proposed land-disturbance activity or development site. Situations that are subject to additional requirements are as follows. (1) Stormwater discharges to critical areas with sensitive resources (e.g., cold water fisheries, recharge areas,) may be subject to additional criteria, or may need to utilize or restrict certain stormwater management practices at the discretion of the City. (2) Hotspots may require the use of specific structurai BMPs and pollution prevention practices as determined by the Administrator to meet the goals of this chapter. (3) Industrial sites which are listed under the Standard Industrial Code that are required to prepare and implement a stormwater pollution prevention plan, under the provisions of the Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Storm Water Associated With Industrial Activity (9 VAC 25-151- 10, et seq.) shall file a VPDES General Permit Registration Statement - Industrial Activity Storm Water Discharges (V AR05). The stormwater pollution prevention plan requirement applies to both existing and new industrial sites. Section 11.4-17. Stream Channel Erosion. (a) To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the Manual. (b) Properties and receiving waterways downstream of any land-disturbing activity shall be protected from erosion and damage due to increases in volume, velocity and frequency of peak flow rate of stormwater runoff in accordance with the minimum design standards set out in this Article. L:\A TTORNEY\DA TA\CLLDl \ORDrNANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 20 (c) The City may determine that some watersheds or receiving stream systems require enhanced criteria in order to address the increased frequency of bankfull flow conditions brought on by land-disturbing activities. Section 11.4-18. Flooding. (a) Calculation methodologies for determining peak flows as found in the Manual shall be used for sizing all stormwater management practices. (b) Downstream properties and waterways shall be protected from damages from localized flooding due to changes in runoff rate of flow and hydrologic characteristics, including but not limited to, changes in volume, velocity, frequency, duration, and peak flow rate of stormwater runoff in accordance with the minimum design standards set out in this section. (c) The IO-year post-developed peak rate of runoff from the land-disturbing activity shall not exceed the lO-year pre-developed peak rate of runoff.. The 2-year post-developed peak rate of runoff from the land-disturbing activity shall not exceed the 2-year pre-developed peak rate of runoff. When developing a stormwater management design, these criteria shall be considered individually. Section 11.4-19. Regional Stormwater Management Plans. (a) The objective of a regional stormwater management plan is to allow the City to address the stormwater management concerns in a given watershed with greater economy and efficiency by installing regional stormwater management facilities versus individual, site-specific facilities. The result will be fewer stormwater management facilities to design, build, and maintain in the affected watershed. It is also anticipated that regional stormwater management facilities will not only help mitigate the impacts of new development, but may also provide for the remediation of erosion, flooding or water quality problems caused by existing development within the given watershed. (b) Applicants shall communicate with the City prior to submitting an application for stormwater management plan approval in accordance with Article II of this chapter to determine if a regional stormwater management plan has been developed for the applicable watershed. (c) If such a regional stormwater management plan is in existence, the applicant must provide stormwater management water quality treatment on-site in accordance with the provisions of the regional plan and other management provisions as specified by the City. (d) . A regional stormwater management plan shall, at a minimum, address the following: L\A TTORNEY\DA T A\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAD.doc 21 (I) (2) (3) (4) (5) (6) The specific stormwater management Issues within the targeted watersheds; The technical criteria in this chapter, the Manual and the Virginia Stormwater Management Program (VSMP) Permit Regulations (4 V AC 50-60-40 through 4 V AC 50-60-80), as needed; The implications of the City's comprehensive plan, zoning requirements, and other planning documents; Opportunities for financing a watershed plan through cost sharing with neighboring agencies or localities, implementation of regional . stormwater utility fees, etc.; Maintenance of the selected stormwater management facilities; and Future expansion of the selected stormwater management facilities in the event that development exceeds the anticipated level. Article V. Construction Inspection. Section 11.4-20. Notice of Construction Commencement. (a) The permittee must notifY the Administrator before the commencement of construction. The permittee must notifY the Administrator before construction of critical components of a stormwater management facility. (b) Periodic inspections of the stormwater management system construction shall be conducted by the staff of the City or a professional engineer who has been approved by the City. Stormwater management construction inspection shall utilize the approved stormwater management plans and specifications in reviewing compliance with the requirements of this chapter. The City shall perform inspections that can be confirmed by visual means only. (c) Upon completion, the permittee is responsible for certifying that the completed project is in accordance with the approved plans and specifications and shall provide regular inspections during construction sufficient to adequately document compliance. All permittee inspections shall be documented and written reports prepared that contain. the following information: (I) The date and location of the pennittee inspection; (2) Whether construction is in compliance with the approved stormwater management plan; L:\AITORNEY\DATA\CLLDl\ORDIN'ANCES\O~Stormwater Ordinance 9-27-07.version for CAO.doc 22 (3) Variations from the approved construction specifications; (4) Corrective actions that have been taken to correct . prevIOus violations; (5) Anyviolations that exist; and (6) The name and signature of the person who performed the inspection. (d) If the City inspections find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until any violations are corrected and all work previously compkted has received approval by the Administrator. ( e) The person responsible for carrying out the plan is required to provide inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management. (f) If the City determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with Article VII ofthis chapter. Section 11.4-21. Final Inspection and As-Built Documentation. (a) The administrator reserves the right to require permittees to submit "as- built" plans and supporting documentation for any stormwater management facility and any publicly maintained storm drainage system located on-site after final construction is completed. The plan and documentation must show that that the installed stormwater management facility and applicable storm drainage system components conform to the requirements contained within the approved stormwater management plan. (b) As-built and certification documentation shall comply with all applicable requirements in the Manual. (c) A final inspection by the City is required before the release of any performance securities can occur. As-built plans, acceptable to the City, shall be submitted prior to the City's final inspection. Article VI. Maintenance and Repair of Stormwater Facilities. Section 11.4-22. Maintenance Inspections of Stormwater Facilities. (a) The person responsible for the maintenance and repair of stormwater management facilities during construction shall be the permittee. L\A TTORNEY\DA TA\CLLDI\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 23 Following the completion and acceptance of construction, a responsible party shall be designated for the maintenance and repair of stormwater management facilities. Persons responsible for the maintenance and repair of stormwater management facilities shall perform periodic inspection, maintenance, and repair, in conformance with the applicable maintenance agreement. All inspection, maintenance, and repair activities shall be documented. (b) All stormwater structures and management facilities shall be properly maintained, repaired, and inspected as required to meet the performance requirements as specified in the approved stormwater facility maintenance agreement, including any stormwater structure or stormwater management facility existing as of the effective date of this chapter. . ( c) In addition to the inspections performed by the permittee or land owner, the City shall periodically inspect all stormwater management facilities. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety, public health, or the environment, the City shall notify the land owner by registered or certified. mail. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the land owner. Section 11.4-23. Records of Maintenance and Repair. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all inspections, maintenance and repairs, and shall retain the records for at least five (5) years. These records shall be made available to the City at reasonable times upon request. Article VII. Enforcement and Penalties. Section 11.4-24. Violations. Any land-disturbing activity that is commenced or is conducted contrary to this chapter or the approved plans and permit, may be subject to the enforcement actions outlined in this Article and the Virginia Stormwater Management Act, Title 10.1, Section 10.1-603.2, et seq., of the Code of Virginia (1950), as amended. The 'enforcement and penalties for violation of this chapter shall apply to stormwater management required during construction and land-disturbing activities and post-construction operation and maintenance of stormwater structures and practices. L:\ATTORNEY\DA T A\CLLD1\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO.doc 24 ~ Section 11.4-25. Notice of Violation. (a) When the City determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation delivered by registered or certified mail to the permittee, or if there is no permittee, to the land owner. (b) The notice of violation shall contain: (I) The name and address of the permittee, or, if there is no permittee, the land owner; (2) The address when available or a description of the building, structure or land upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the land- disturbing activity into compliance with this chapter and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; (6) A statement that the determination of violation may be appealed by filing a written notice of appeal within thirty (30) days of service of notice of violation. Section 11.4-26. Stop Work Orders. (a) Persons receiving a notice of violation are required to immediately halt all construction and land-disturbing activities not in conformance with the approved stormwater management plan. (b) This "stop work order" shall be in effect until the City confirms that the land-disturbing activity is in compliance with the requirements of this chapter and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the permit may be revoked and the applicant shall be deemed to be in violation of this article and upon conviction shall be subject to the penalties provided by this chapter. Section 11.4-27. Civil and Criminal Penalties. (a) Any person who violates any provision of a this chapter shall be guilty of a Class I misdemeanor and shall be subject to a fine of not less than $2,500 and not exceeding $32,500, Or up to twelve months imprisonment for each violation or both. L\ATTORNEY\DATA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9.27-07-version for CAO.doc 25 (b) Any person who knowingly makes a false statement in any form required to be submitted under this chapter or knowingly renders inaccurate any monitoring device or method required to be maintained to ensure compliance with this chapter shall be guilty of a felony and shall be subject to a fine of not less than $5,000 nor more than $50,000 and imprisonment for not less than one year nor more than three years for each violation. (c) Any defendant, not an individual, shall, upon conviction of a violation under subparagraph (a) or (b), be subject to a fine of not less than $10,000 per for each violation. (d) Each day that a violation continues shall constitute a separate and distinct violation. (e) In addition, the City may elect to seek civil penalties: (I) The City may apply to the circuit court to enjoin a violation or a threatened violation of the provisions of this ordinance without the necessity of showing that an adequateremedy at law does not exist. ( (2) Without limiting the remedies which may be obtained in this section, the City may bring a civil action against any person for violation of this chapter or any condition of a permit. The action may seek the imposition ofa civil penalty of not more than $10,000 against the person for each violation. (3) With the consent of any person who has violated or failed, neglected or refused to, obey this ordinance or any condition of a permit, the City may provide, in an order issued by the City against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subdivision 2 of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subdivision 2. (4) The City may also bring a civil action to recover costs necessary to abate water quality and public safety concerns from an applicant who violates this chapter or any condition of a permit. Section 11.4-28. Restoration of Lands. (a) . Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, stop work order, or permit requirements. (b) In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of L\A ITORNEY\DA TA\CLLDI\ORDINANCES\O-Stonnwater Ordinance 9-27-07.version for CAO.doc 26 which shall be covered by the performance bond, or become a lien upon the property until paid, or both. Section 11.4-29. Holds On Certificate ofOccupancv. Certificates of occupancy shall not be granted until corrections to all stormwater practices have been made in accordance with the approved plans, notice of violation, stop work order, or permit requirements, and accepted by the City. Article VIII. Definitions. Section 11.4-30. Definitions. The following words and terms, as used in this chapter, shall have the following meanings unless the context requires a different meaning: Adequate channel: a natural or manmade channel or pipe system that will convey the designated frequency storm event, as further defined in the Manual, without overtopping the channel bank or causing erosive damage to the channel bed or banks. Administrator: The Program Administrator of the City of Roanoke, Virginia, or an authorized agent or designee thereof. The Administrator shall be appointed by the. Director and may render interpretations of the provisions of this chapter and shall have the necessary authority to administer and enforce this chapter, including ordering in writing the remedying of any condition found in violation of this chapter. The Administrator may report any noncompliance with this chapter to the City Attorney, or the Commonwealth Attorney as appropriate, with the request for appropriate action at law to ensure or obtain compliance with this Chapter. . Applic.ant: any p~rson submitting a stormwater management plan for approval or requesting the issuance of a permit, when required, authorizing land disturbing activities to commence. Aquatic bench: a 10- to 15- foot wide bench around the perimeter of a permanent pool that ranges in depth from zero to 12 inches, vegetated with emergent plants, the purpose of which is to augment pollutant removal, provide habitats, conceal trash and water level fluctuations, and enhance safety. Average land cover condition: an assumed value of 16%, as determined by the Virginia Department of Conservation and Recreation, and adopted for the purposes of this Chapter. Such measure is the average amount of impervious surface within a watershed. Best management practice or BMP: schedules of activities, prohibitions of practices, including both structural or nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing L\A TTORNEY\DA T A \CLLD I \ORDINANCES\Q-Stonnwater Ordinance 9-27-07 -version for CAO .doc 27 actlvltles. BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Bioretention basin: a water quality BMP engineered to filter the water quality volume through an engineered planting bed, consisting of a vegetated surface layer (e.g., vegetation, mulch, ground cover), planting soil, and sand bed, and into the in-situ material. Bioretention filter: a bioretention basin with the addition of a sand filter collection pipe system beneath the planting bed. Channel: a natural or manmade waterway. City: the City of Roanoke, Virginia. Clean Water Act or CWA: the Federal Clean Water Act (33 United States Code 1251, et ~.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. Constructed wetlands: areas intentionally designed and created to emulate the water quality improvement function of wetlands for the primary purpose of removing pollutants from stormwater. Construction activity: any clearing, grading, or excavation associated with large construction activity or associated with small construction activity. Development: a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain two or more residential dwelling units. Director: the City's Director of Planning Building and Development. Discharge: to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked, or placed by any means. Easement: a legal right granted by a land owner to a grantee allowing the use of private land for a designated use. Fee-in-lieu: a payment of money in place of meeting all or part of the storm water performance standards required by this chapter. Flooding: a volume of water that is too great to be confined within the banks or walls of a stream, water body, or conveyance system and that overflows onto adjacent lands, causing or threatening damage. L\A ITORNEY\DA TA\CLLDl\ORDlNANCES\O-Stonnwater Ordinance 9-27-07-version for CAO.doc 28 Grassed swale: an earthen conveyance system which is broad and shallow with erosion resistant grasses and check dams, engineered to remove pollutants from stormwater runoff by filtration through grass and infiltration into the soil. Hotspot: an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater, including, but not limited to, the following: (a) Vehicle salvage yards and recycling facilities (b) Vehicle fueling stations (c) Vehicle service and maintenance facilities (d) Vehicle and equipment cleaning facilities ( e) Fleet storage areas (bus, truck, etc.) (f) Industrial sites subject to Virginia Pollutant Discharge Elimination System Permit for Discharges of Storm Water Associated with Industrial Activity (g) Marinas (service and maintenance) (h) Outdoor liquid container storage (i) Outdoor loading/unloading facilities G) Public works storage areas (k) Facilities that generate or store hazardous materials (I) Commercial container nursery Impervious cover: a surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. Inspection: an on-site review of a project's compliance with the permit, the City's storm water management program, and any applicable design criteria, or an on- site review to obtain information or conduct surveys or investigations necessary in the enforcement of this chapter. Intermittent stream: a stream channel or reach of a stream channel that carries surface water runoff flow for only part of the year, typically during winter and spring when the channel bottom is below the groundwater table and which flow may be heavily supplemented by stormwater runoff. Jurisdictional wetland: means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land disturbance or Land-disturbing activity: means a manmade change to the land surface that potentially changes its runoff characteristics including any clearing, grading, or excavation associated with a construction activity regulated pursuant to the federal Clean Water Act. L:\ATTORNEY\DA TA\CLLDl\ORDlNANCES\O-Stormwater Ordinance 9~27-07-version for CAO.doc 29 Linear development project: means a land-disturbing activity that is linear in nature such as, but not lirrlited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; and (iii) highway construction projects. Roads constructed in association with residential, commercial, or industrial site development are not considered linear development proj ects. Maintenance agreement or Facility maintenance agreement: a legally recorded document that acts as a property deed restriction, and which provides for long- term maintenance of stormwater management practices. Manmade: constructed by man. Manual: the City of Roanoke's Stormwater Management Design Manual dated October I, 2007, and as revised and updated from time to time by the City Manager or City Council. Minor subdivision: Division of a single parcel of land into two lots; relocation of one or more boundary lines, where no additional lots are created; or vacation of one or more boundary lines which results in the creation of one or two lots. Nonpoint source pollutant runoff load or Pollutant discharge: the average amount of a particular pollutant measured ih pounds per year, delivered in a diffuse manner by stormwater runoff. Offsite facility: a stormwater management measure located outside the subject property boundary described in the permit application for land-disturbing activity. Operator: any person associated with a construction project that meets either of the following two criteria: (i) the person has direct. operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications, or (ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions). Owner or land owner: the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Percent impervious: the impervious area within the site divided by the area of the site multiplied by 100. L:\ATTORNEY\DATA\CLLDl\ORDINANCES\O-Stormwater Ordinance 9-27-07-version for CAO,doc 30 Perennial stream: a stream channel or reach of a stream channel that carries surface water runoff year round, and that has a channel bottom that is located below the groundwater table for most of the year. Permit: an approval issued by the City of Roanoke for the initiation of a land- disturbing activity. Permittee: the person to which a permit is issued. Person: any individual, corporation partnership, firm, association, joint venture, public or private or municipal corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate or governmental body or any other legal entity, or any agent or employee of any such person. Planning area: a designated portion of the parcel on which the land-disturbing activity is located. Planning areas shall be established by delineation .on a master plan. Once established, planning areas shall be applied consistently for all future proj ects. Post-development: refers to conditions that reasonably may be expected or anticipated to exist after completion of the land-disturbing activity on a specific site or tract ofland. Pre-development: refers to the conditions that exist at the time that plans for the land development of a tract of land are approved by the City. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted, to a maximum of five (5) years prior to plan approval, shall establish pre-development conditions. Recharge: means the replenishment of underground water reserves. Redevelopment: the process of developing land that is or has been previously developed. Regional (watershed-wide) stormwater management facility or Regional facility: a facility or series of facilities designed to control stormwater runoff from a specific watershed, although only portions of the watershed may experience development. Regional (watershed-wide) storm water management plan or Regional plan: a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities. L:\A TTORNEY\DA TA\CLLDl \ORDINANCES\O-Stormwater Ordinance 9-27~07-version for CAD.doc 31 Responsible Party:' land owner or other individual(s) or organization(s) (e,g" home owners association) responsible for maintaining stormwater management facilities including but not limited to basins, other BMPs, storm drains, culverts, ditches and swales in accordance with a maintenance agreement. Runoff or Stormwater runoff: that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways. Sand filter: a contained bed of sand that acts to filter the first flush of runoff The runoff is then collected beneath the sand bed and conveyed to an adequate discharge point or infiltrated into the in-situ soils, Shallow marsh: a zone within a stormwater extended detention facility that exists from the surface of the normal pool to a depth of six to 18 inches, and has a large surface area and, therefore requires a reliable source of baseflow, groundwater supply, or a sizeable drainage area to maintain the desired water surface elevations to support emergent vegetation Site: the land or water area where any facility or activity is physically located or conducted, a parcel of land being developed, or a designated planning area in which the land-disturbing activity is located. Storm sewer system or Storm drainage system: all facilities, conveyances, structures, and other items located within the City of Roanoke and owned and/or operated by the City of Roanoke which are designed or used for collecting, storing, or conveying stormwater, including, but not limited to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention, and infiltration basins, and other facilities. Storm water: precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage, ~ Stormwater detention basin or Detention basin: a stormwater management facility that temporarily impounds runoff and disch'arges it through a hydraulic outlet structure to a downstream conveyance system, While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and are; therefore, not considered in the facility's design. Since a detention facility impounds runoff only temporarily, it is normally dry during nonrainfall periods. Stormwater extended detention basin or Extended detention basin: a stormwater management facility that temporarily impounds runoff and discharges it through a hydraulic structure over a period of time to a downstream conveyance system for the purpose of water quality enhancement or stream channel erosion control. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet L:\A TTORNEY\DA TA\CLLDl\ORDINANCES\O-Stonnwater Ordinance 9-27-07-version for CAD.doc 32 structure discharge rates and, therefore, are not considered in the facility's design. Since an extended detention basin impounds runoff only, temporarily, it is normally dry during non-rainfall periods. Storm water extended detention basin-enhanced or Extended detention basin- enhanced: an extended detention basin modified to increase pollutant removal by providing a shallow marsh in the lower stage ofthe basin. Stormwater facility maintenance agreement: a legally binding agreement between the owner of a property and the City regarding long-term maintenance of stormwater management facilities. Stormwater management facility: a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. Storm water management plan: a document containing material for describing how existing runoff characteristics will be maintained by a land-disturbing activity and methods for complying with the requirements of this chapter. Storm water retention basin or Retention basin: a'stormwater management facility that includes a permanent impoundment, or normal pool of water, for the purpose of enhancing water quality and, therefore, is normally wet, even during nonrainfall periods. Storm runoff inflows may be stored temporarily above this' permanent impoundment for the purpose of reducing flooding, or stream channel erosion. Stormwater retention basin I or Retention basin I: a retention basin with the volume of the permanent pool equal to three times the water quality volume. Stormwater retention basin II or Retention basin II: a retention basin with the volume ofthe permanent pool equal to four times the water quality volume. Storm water retention basin III or Retention basin III: a retention basin with the volume of the permanent pool equal to four times the water quality volume with the addition of an aquatic bench. Subdivision: means the division of a lot, tract or parcel of land into two or more lots, the vacation of an existing lot line to combine two or more lots, or the relocation of an existing lot line. The transfer of ownership to the Commonwealth of Virginia or a political subdivision thereof and the division of lands by court order or decree shall not be deemed a subdivision. Vegetated filter strip: means a densely vegetated section of land engineered to accept runoff as overland sheet flow from upstream development, including a grassy meadow or small forest, which facilitates pollutant removal through filtration, sediment deposition, infiltration or absorption, and which, is dedicated for that purpose. L:\ATIORNEY\DATA\CLLDl\ORDIN'ANCES\O-Storrnwater Ordinance 9-27.07.version fOT CAD.doc 33 Virginia Pollutant Discharge Elimination System Permit or VPDES Permit: means a document issued by the State Water Control Board pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge. Water quality volume or WQV: the volume equal to the first Yz inch of runoff multiplied by the impervious surface of the land-disturbing activity. . Watershed: a defined land area drained by a river, stream, drainage ways or system of connecting rivers, streams, or drainage ways such that all surface water within the area flows through a single outlet. Wetlands: those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including generally swamps, marshes, bogs, and similar areas. 3. This ordinance shall take effect January I, 2008. 4. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: ~'m\~ City Clerk. L:\ATTORNEY\DATA\CLLD1\ORDINANCES\O~Stonnwater Ordinance 9-27-07-version for CAO.doc 34 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Su bject: An ordinance repealing Chapter 11.2, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, adopting a new Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended and adopting a Stormwater Management Design Manual. Background: The City proposes to implement a local stormwater management program to satisfy requirements of the Virginia Stormwater Management Regulations as established by the Virginia Department of Conservation and Recreation (DCR), more specifically as required by the City of Roanoke's MS-4 permit with DCR. This program is implemented through adoption of a new Stormwater Management Ordinance and accompanying Stormwater Design Manual. Roanoke's comprehensive plan, Vision 2001 - 2020, recognizes Roanoke's natural environment as one of its most important assets and emphasizes the importance of water quality in'tHe Roanoke River and its tributaries. Vision 2001- 2020 further recognizes that the quantity of runoff has increased over time due to development. This runoff subjects the watershed to non-point source pollution in the form of sediment depOSition from erosion, nutrients (fertilizer), oil and grease, metals, and bacteria. The proposed Stormwater Management Ordinance and accompanying Stormwater Management Design Honorable Mayor and Members of City Council October 1, 2007 Page 2 Manual will continue to address quantity of runoff while adding new requirements for water quality for stormwater discharges as required by State regulations. The ordinance and design manual were developed in conjunction with Roanoke County to provide for consistent stormwater management practices within the Roanoke Valley. The documents were drafted with input from an advisory committee of stakeholders and posted for public comment. Once the draft ordinance and manual were developed, City staff conducted an information and public input session for developers and design professionals in June 2007. In addition, City staff met twice with representatives of the Roanoke Regional Home Builders Association (RRHBA) to discuss issues with the draft ordinance and design manual. Staff compiled comments from the advisory committee, design professionals, RRHBA, and other City staff, and responded to each comment with a recommended response. The proposed stormwater ordinance and design manual have been updated to reflect recommended changes. Considerations: The Stormwater Management Ordinance establishes the requirements for regulated activites, defines the minimum stormwater management standards and other administrative processes for implementation of the stormwater management program. Incorporated by reference in the Stormwater Management Ordinance is the Stormwater Management Design Manual which serves two primary purposes: 1. Provide a detailed description of the process and requirements for the submittal, review and approval of stormwater management plans as well as requirements for the long-term maintenance of stormwater management facilities. The Stormwater Design Manual includes plan review checklists, standard forms, and language for the various agreements required by the ordinance. 2. Provide a compilation of design criteria and guidelines for common stormwater management facilities that are constructed or anticipated to be constructed in the CIty. The Stormwater Management Ordinance consists of nine articles. Article I contains general provisions related to the purpose and intent of the ordinance and how the ordinance is applied. The ordinance will be administered by an Administrator designated by the Director of the Department Honorable Mayor and Members of City Council October 1, 2007 Page 3 of Planning, Building and Development. Land development activities that involve land-clearing or soil movement are regulated with some exceptions that include the following: 1. Permitted mining operations and projects. 2. Tilling, planting or harvesting of agricultural, horticultural, or forest crops. 3. Single-family residences or modifications to existing residences not part of a subdivision or single-family residence construction that is part of a minor subdivision that disturbs a total of less than one acre of land. 4. Other land development projects that disturb less than 5,000 square feet. 5. Certain linear development projects. 6. State or federal reclamation programs to return an abandoned property to an agricultural or open land use. 7. Routine maintenance that disturbs less than five acres of land. Article II contains the procedures for applying for a permit including the submittal, review and approval of stormwater management plans and as well as provisions for easements and maintenance agreements. Article III, contains procedures for requesting a variance from the provisions of the ordinance and establishes an appeals process. Article IV, presents the criteria for stormwater management including basic design and construction criteria. This chapter also includes provisions for water quality control. Article V contains procedures for construction inspections (City staff and permittee), final inspections and as-built drawings. Article VI discusses provisions for long-term inspection and maintenance after a project is completed. A responsible party must be designated (e.g., property owner, or home owner's association) to perform and document inspections and maintenance activities. Article VII includes provisions for enforcement of the ordinance and penalties for violations. The article includes provisions for issuing notices of violation and stop work orders, establishes civil and criminal penalties for violations and requires the Administrator to withhold a certificate of occupancy pending completion of all stormwater related activities. Article VIII contains the definitions of certain terms where they have a specialized meaning as used in the ordinance. Honorable Mayor and Members of City Council October 1. 2007 Page 4 Recommendation: Staff believes that the proposed Stormwater Management Ordinance and Stormwater Design Manual will satisfy DCR requirements for a local stormwater program as required by the Virginia Stormwater Management Regulations. The ordinance and manual are also consistent with and will further the intent of Vision 2001-2020. Repeal Chapter 11.2 and adopt new Chapter 11.4, of the Code of the City of Roanoke (1979), as amended as well as adopt the Stormwater Management Design Manual. Respectfully submitted, ~ Darlene L. Bur City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director, Planning, Building and Development CM07-00154 ITEM 6.a.4. STORMWATER DESIGN MANUAL Due to the size of the document, a CD is available in the City Clerk's Office. ~I(,\O~~ \0,\\' 0. A. 'f. REMARKS BY Melody Williams ROANOKE REGIONAL HOME BUILDERS ASSOCIATION Roanoke City Council Stormwater Management Ordinance and Design Manual 10/1107 Mayor Harris and council members, good evening, my name is Melody Williams. I address you as the executive vice president of the Roanoke Regional Home Builders Association. Weare pleased to have had the opportunity to provide input to the appropriate city staff and to you regarding the draft storm water management ordinance and design manual that are before you. Members of our association, many of who live and work within the City, have participated from the beginning in the City's effort to establish a new ordinance and design manual. Overall, we are satisfied with the drafts in their current form and commend those involved for the amount of time and thought put forth to create documents that have been written to be, as we understand it, in accordance to Virginia law and in the best interest of the City and its citizens. As we understand it, your vote today to approve the ordinance will make it city law effective January 1,2008, and any future changes to such ordinance would require another action on your part. However, the related design manual is a Roanoke City draft Stormwater Management Ordinance and Design Manual; 10/1/07 City Council meeting; Roanoke Regional HBA Remarks document that is not yet complete and any changes and additions will be handled administratively by city staff. We make this point because there are still several key components of the design manual that are not in place and are areas we believe are critical to our industry's effort to produce affordable housing for city citizens. Specifically, we have discussed with city staff the importance of continuing to develop Chapter 4 regarding easements and Chapter 9 regarding residential lot drainage, a space for which has been reserved. Stormwater management is a critical component of responsible land use. We believe the design manual should allow for reasonable and economic methods of treating stormwater run-off. We welcome the decision to remove, at this time, the section on residential drainage from the design manual and look forward to working with the staff this fall. The cooperation of the staff has been very helpful and we look forward to continuing that relationship. I would also be remiss if I did not take this opportunity to reiterate our growing concern regarding the negative impact of ever-increasing regulations on our industry's ability to provide affordable housing. Thank you for allowing us to be part of this important process. We continue to stand ready to help. 2 Roanoke City draft Stonnwater Management Ordinance and Design Manual; 10/1/07 City Council meeting; Roanoke Regional HBA Remarks I also would like to make you aware of our association's latest endeavor, which is our 1 st annual Parade of Homes. This parade, a 2-weekend event, will conclude this weekend. It is a showcase of 21 new "for sale" homes and 2 developments, several of which are in the City. In case you haven't seen the related guide, I brought a copy for each of you. 3 Roanoke City draft Stonnwater Management Ordinance and Design Manual; 10/1/07 City Council meeting; Roanoke Regional HBA Remarks CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax, (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. lYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk October 2, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution NO.3 7921-100107 authorizing payment of supplementary compensation and restoration of certain benefits to employees who are called to active military duty and serve between October 1, 2007, and September 30, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007. Sincerely, ~'rtl.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Kelj M. Greer, Director of Human Resources ~~ 'J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37921-100107. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employees who are called to active military duty and serve between October I, 2007, and September 30, 2008. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who, between October 1, 2007, and September 30, 2008, is called to active duty related to our country's war on terrorism, subsequent to that employee's employment with the City, a supplement equal to the difference between regular City salary and military base pay plus any other compensation received for such service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Any City vacation or paid leave used by such employees during active duty related to. our country's war on terrorism shall be restored. 3. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the sarne marmer as if such employee had remained in service with the City. , 4. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to service with the City. ATTEST: ~'On,~~ City Clerk. X, \NBAS1J1Ul:S\XltoITUYI'AY2007 ~O B .DOC d" \\ro)n ^ 11'''>,'''''',''''.',:''<10'', 1",) -,' ~-~" <<: ',,~ ,\ _eO' ~ ~'~1~, - ~_ $I, .~. . . " , CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fa" (540) 853.1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: SpeCial Military Pay Background: Military leave at full pay is limited to fifteen work days per federal fiscal year for employees of the City of Roanoke who are military reservists or members of the national guard and who are called to active duty. City Council approved Special Military Pay on November 5, 2001 and extended it annually thereafter, to provide supplemental pay for military reservists/national guard called to active duty and serves related to the war on terrorism. This special Council action was effective through September 30, 2007, and benefited twelve City employees called from reserves/national guard to active duty. As a result of City Council's action, these employees received a total of $16,620 in supplemental pay during the federal fiscal year October 1, 2006 thru September 30, 2007. There are thirty-seven reservists/national guard members in ten departments within the City of Roanoke as full time employees. Recommended Action: Approve a special policy to pay military reservists/national guard who are called to active duty between October 1, 2007 and September 30, 2008 the difference between their military base pay (including any other related compensation received from the military) and pay from the City of Roanoke Honorable Mayor and Members of City Council October 1, 2007 Page 2 in their current job. Covered employees would be those reservists/national guard members who are called to active duty related to our country's war on terrorism or natural disaster relief, subsequent to the employee's employment with the City of Roanoke. This supplemental pay will be provided upon request and with necessary documentation to the Department of Human Resources. Funding is available in operating budgets to support this policy. Respectfully submitted, Darlene L. rcham City Manager DLB:jsc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Keli M. Greer, Director of Human Resources CM07-Q0160 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone (540) 853-2541 Fa" (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk October 2, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No. 37922-100107 authorizing the City Manager to enter into an Agreement pertaining to the restoration of the Virginian Railway Passenger Station with the Roanoke Chapter of the National Railway Historical Society, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007. Sincerely, ~M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Mark D. Jamison, P. E., Manager of Transportation 101,101 ~ REVISED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37922-100107. A RESOLUTION authorizing the City Manager to enter into an Agreement pertaining to the restoration of the Virginian Railway Passenger Station with the Roanoke Chapter of the National Railway Historical Society, upon certain terms and conditions. WHEREAS, by Resolution No. 36411-061603, the Commonwealth Transportation Board established an enhancement project to develop construction plans for restoration of the Virginian Railway Passenger Station and the adjacent property; WHEREAS, the Roanoke R.edevelopment and Housing Authority has received an award of Transportation Enhancement funds in the amount of$267,000.00 to develop construction plans for replacement of the roof and stabilization of the remaining structure of the Virginian Railway Passenger Station, located at 1406 Williamson Road, S. W., and the adj acent property, in the City of Roanoke; WHEREAS, at the initiation of this project, the Roanoke Redevelopment and Housing Authority had agreed to sponsor such project; WHEREAS; by Resolution No. 36411-061603, City Council endorsed this project; WHEREAS, the Roanoke Redevelopment and Housing Authority is no longer in a position to sponsor the proj ect; and WHEREAS, the Roanoke Chapter of the National Railway Historical Society, has requested the City of Roanoke to serve as the new project sponsor. BE IT RESOLVED by the Council of the City of Roanoke that: 1) Pursuant to the Transportation Equity Act for the 21 st Century, the City hereby agrees R-VDOT Enhancement Grant-National Railway Historical Society 10-1-07 to pay a minimum of twenty percent (20%) of the total amount of costs associated with this project, if the Roanoke Chapter ofthe National Railway Historical Society, does not provide such funding. Twenty (20%) percent of the total constitutes the local match required for these projects. 2) The City Manager and the City Clerk are hereby authorized, for and on behalf ofthe City, to execute and attest, respectively, an Agreement with the new project applicant, Roanoke Chapter of the National Railway Historical Society, approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated October 1, 2007, to City Council. ATTEST: ~~m.~ City Clerk. R-VDOT Enhancement Grant-National Railway Historical Society 10-1-07 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian j. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: VDOT Enhancement Grant Virginian Railway Passenger Station Background: In 2004, the Roanoke Chapter of the National Railway Historical Society, Inc. ("Historical Society") under the sponsorship of the Roanoke Redevelopment and Housing Authority ("RRHA"), applied for and received Transportation Enhancement Grant funds from the State. Additional Enhancement Grant funds were received in 2006 through a subsequent request. Further, a federal earmark in the current Federal Transportation Authorization (SAFETEA-LU) provided additional funding. When combined, the funding now available is adequate to begin the rehabilitation of the Virginian Railway Passenger Station at the intersection of Williamson Road and Jefferson Street. Initial efforts will focus on replacing the roof and stabilizing the remaining structure to minimize further damage. At the initiation of the project, the RRHA had agreed to sponsor this project. The RRHA has indicated that it is no longer in a position to act in that capacity and the Historical Society has asked the City to serve as the project sponsor. With the award of additional funds, the City has agreed to do so and has asked the Virginia Department of Transportation ("VDOT") to modify the existing agreement for the administration of the project to reflect the new sponsor and the total amount of Enhancement Grant funding now available. Honorable Mayor and Members of City Council October 1, 2007 Page 2 Considerations: In June 2003, City Council endorsed this project under Resolution 36411- 061603. That resolution authorized the City Manager to execute agreements with the project applicant, specifically named as the RRHA. With the City's assumption of the sponsorship for this project, Council needs to authorize the execution of agreements with a new applicant, the Historical Society. As with all Enhancement Grant agreements, the new agreement will include a statement in which the City agrees to pay a minimum of twenty percent of the total amount of costs associated with this project. Twenty percent of the total constitutes the local match required for these projects. The agreement that will be executed between the City and the Historical Society will contain the same language which requires the Historical Society to provide the twenty percent match. No City funds are ultimately expected to be required for this project. Recommendation: Authorize the City Manager to execute, on behalf of the City, new City/State Agreements with VDOT for project administration and authorize the City Manager to execute, on behalf of the City, a legally binding agreement with the new project applicant, the Historical Society, requiring the applicant to be fully responsible for its matching funds as well as all other obligations undertaken by the City by virtue of the City/State Agreement. Respectfully submitted, ~, Darlene L. B (,rcham City Manager DLB/MDJ/gpe c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Mark D. Jamison, P.E., Manager of Transportation CM07-00159 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax' (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk October 2, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37923-100107 authorizing the City Manager to submit an application to the Environmental Protection Agency for a -Brownfield hazardous substance cleanup grant in the amount of $200,000.00, to provide money for cleanup activities on environmentally challenged sites within the City of Roanoke; and authorizing the. execution of the necessary documents, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007. Sincerely, Jt+1~M.~~. Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Brian K. Brown, Economic Development Administrator Thomas Carr, Director, Planning, Building and Development Ian Shaw, Senior Planner, Planning, Building and Development ?~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of October, 2007. No. 37923-100107. A RESOLUTION authorizing the City Manager to submit an application to the Environmental Protection Agency for a Brownfield hazardous substance cleanup grant in the amount of $200,000 to provide money for cleanup activities on environmentally challenged sites within the City of Roanoke; and authorizing the execution ofthe necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to submit an application to the Environmental Protection Agency for a Brownfield hazardous substance cleanup grant in the amount of$200,000 to provide money for cleanup activities on environmentally challenged sites within the City of Roanoke, which will require the City to provide matching funds of$40,000, all as more particularly set forth in the letter dated October 1, 2007, from the City Manager to this Council. 2. The City Manager is hereby authorized to execute any forms necessary to submit an application, such forms to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's submission of this application. ATTEST: -#tl~'rn. ~w City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telepnone, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Authorization to apply for a cleanup grant from the U.S. Environmental Protection Agency to further advance the City's brownfield program Background: The United States Environmental Protection Agency (EPA) has issued a request for applications for Brownfield cleanup grants to be funded in 2008. The City would like to apply for a $200,000 site-specific hazardous substance cleanup grant. Such grant requires 20% in matching funds from the City. Funds would be used to further advance the City's brownfield program. Prior to submitting an application, City Council must authorize the application for the cleanup grant. The $40,000 in required City matching funds are available in the Economic and Community Development Reserve account and can be appropriated to a project account if the City receives this grant. Recommended Actions: Authorize the City Manager to submit an application to the EPA for a $200,000 site-specific hazardous substance cleanup grant. Honorable Mayor and Members of City Council October 1, 2007 Page 2 Authorize the City Manager to take such actions and execute such documents, approved as to form by the City Attorney, as necessary to submit the application and to furnish such additional information as may be required for such application. Respectfully submitted, Darlene L. B cham City Manager DLB:IS:mpf c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk R. Brian Townsend, Asst. City Manager for Community Dev. Brian K. Brown, Economic Development Administrator Ian Shaw, Senior Planner CM07-00163 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 240']]-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk October 2, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7924-100107 amending and reordaining Sections 16-151., 16-153, and 16-173, Division 1, Generallv, and Division 2, Fair Housinq Board, Article III, Fair Housinq, Chapter 16, Human Riqhts, Code of the City of Roanoke (1979), as amended, to revise the responsibilities of the Fair Housing Board; repealing Sections 16-175, 16-176, 16-177, 16-178, 16-179, 16-180, 16-181, 16-182, and 16-183 of Chapter 16; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 2007, and is in full force and effect upon its passage. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham October 2, 2007 Page 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development Steven j. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Sherman Burroughs, Vice-Chair, Fair Housing Board, 148 Maple Lawn Avenue, N. E., Roanoke, Virginia 24012 Angie S. Williamson, Secretary, Fair Housing Board .~ \t> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 2007. No, 37924-100107. AN ORDINANCE amending and reordaining Sections 16-151, 16-153, and 16- 173, Division 1, Generally, and Division 2, Fair Housing Board, of Article III, Fair Housing, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended to revise the responsibilities of the Fair Housing Board; repealing Sections 16- , 175, 16-176, 16-177, 16-178, 16-179, 16-180, 16-181, 16-182, and 16-183 of Chapter 16; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. Sections 16-151. 16-153, and 16-173, of Division 1, Generallv, and Division 2, Fair Housing Board, of Article III, Fair Housing. of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: 916-151. Civil action bv persons affected bv discriminatory practices. Any person adversely affected by use of a discriminatory practice prohibited under this article may either: (1) Institute an action for injunctive relief and damages against the person responsible for such discriminatory practice in a court of competent jurisdiction in the city. If the court finds that the defendant was responsible for such a practice and that the complainant was adversely affected thereby, it shall enjoin the defendant from use of such practice and, in its discretion, award the complainant all damages available under applicable law; or (2) File a complaint with the secretary tEl the Fair HEllismg Board, as pFe'lided m seetiElH 16 176 Elf this articleappropriate Federal or State agencies, such as the Virginia Fair Housing Office. *** 1 ~16-153. Employment of personnel to enforce article. The city councilor city manager may authorize employment of such personnel, in addition to the secretary provided for in division 2, as are deemed warranted to seelIre effective eRforcomeHt to implement the provisions of this article. *** ~ 16-173. General1'loYiers with respect to inyostigations, hearinl2:s, etc.; Rfesponsibilities of the board ill making the in'/estigations, l'lllfslling coneiliat-isn and 1"0i'sliasien and eondlfeting hearings, pllfSlillllt to this divisiEln, the Beam shall have aHthority te HelH" testimony IHlder oath, to make findings sf faet and issuo decisions and warnings in aeeordanco v.ith the provisions of this article, and to make aRd adopt and plfblish slich rules Elf proeedme as may be neeessary or pf-Oper for earrying out its functions lffider the pr-Elvisions ef this artiele. The board shall alse--have the following additioHal responsibilities: (a) The board shall provide information to the public concerning Federal, State and City fair housing laws. (b) The board shall advise City Council and the secretary to the board about the nature, causes, and possible solutions to fair housing issues. (c) The Board shall malee teHants and landlords a',vare of the resources of the bOlH"d, ana the authElrity of its seci"ctary to cenciliate fair Housing complaints. . 2. Sections 16-175, 16-176, 16-177, 16-178, 16-179, 16-180, 16-181, 16-182, and 16-183 of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended are hereby repealed. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A~ {n, Y\10mJ City Clerk. ' , ~ 2 CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011.1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-122] EMAIL: cityatty@roanokeva,gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSlSTANTC1TY ATTORNEYS October 1,2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Fair Housing Board Dear Mayor Harris and Members of City Council: In response to Council's request, I have prepared the attached ordinance which would delete from the City Code those provisions giving the Fair Housing Board powers to investigate and adjudicate fair housing complaints. This role, of course, is one that has rarely been exercised by the local board, that function having largely been performed by Federal and State agencies, including the Virginia Fair Housing Office. (The Virginia Fair Housing Board was created in 2003). With this change, the primary function of the Fair Housing Board as an educator to the public on fair housing laws, and as an advisory body to Council on fair housing issues, will continue. Please let me know if you have any questions. With kindest personal regards, I am Sincerely yours, ~U~ William M. Hackworth City Attorney WMH/lsc Enclosure c: Darlene L. Burcham, City Manager Stephanie M. Moon, City Clerk Sherman Burroughs, Vice-Chair, Fair Housing Board CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S. W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us JESSE A. HALL Director of Finance email: jesse_hall@ci.roanoke.va.us October 1, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian j. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: August Financial Report The adopted budget for fiscal year 2008 totals $2S2.6 million representing a S.4% increase over the previous year. Revenue growth results from a projected increase in Real Estate and Personal Property tax revenue, as well as projected growth in various local taxes including Sales tax, Business License tax, and Prepared Food and Beverage tax. The aforementioned growth will be allocated to provide more funding to the Roanoke City Public Schools, for capital maintenance and equipment replacement, to enhance services to citizens, and to fund salary increases for employees. Furthermore, the fiscal year 2008 budget provides for greater social services program funding and the resources necessary to meet the current year's debt service requirements. In August, the Commonwealth announced that State budget reductions of five percent will be necessary as a result of a shortfall in revenues. Some state-funded programs will be exempted including mandated Comprehensive Services Act programs and certain others. Since some local government programs are funded by the State, this may have an affect on the City. As of this writing, the Governor has asked State agencies to submit proposed budget reductions. We expect to receive more information from the state in October, and we will work with the Department of Management and Budget to recommend adjustments to our budget if any are needed. The City's funding from the Commonwealth totals $66.3 million. The first quarter of the year is difficult to analyze due to the relatively small volume of activity which occurs within the early months. Additionally, the accrual of certain revenues and expenditures into the prior year, and accompanying accounting reversal, cause some categories to have very small or even negative balances in the early months of fiscal year 2008 until current year activity exceeds the impact of the reversals. The following narrative provides commentary on the significant events of this first two fiscal months. Revenues Revenues through August decreased 11.4% compared to the prior fiscal year. Revenues vary due to the aforementioned year-end accrual reversals, and the overall reduction is due to a decline in Honorable Mayor and Members of Council October 1, 2007 Page 2 year-to-date payments of real estate tax as described in the following narrative. Significant variances from the prior year are addressed as follows: General Property Taxes decreased significantly due primarily to a timing difference in the collection of Real Estate taxes from escrow companies. In fiscal year 2007, a large payment was received at the end of August while fiscal year 2008 payments were received in September. The variance in this area will decrease; as the timing corrections are recognized. The first installment of real estate tax is due October S'h. Other Local Taxes decreased in total due in part to the aforementioned impact of accrual reversals. The accrual reversal of the new state-established Telecommunications Tax program which went into effect January 1, 2007, caused a iower balance in this category for the first two months of the fiscal year. This revenue is received two months after the period for which it is applicable. The timing difference will be eliminated at the close of fiscal year 2008 with year end accruals. In terms of locai tax performance, transient room, food, and admissions taxes have increased while the sales tax is down slightly from the prior year. Permits, Fees and Licenses decreased from fiscal year 2007 due to a decline in building inspection permit fees. The City experienced an active construction market during fiscal year 2006 which carried over into July and August of fiscal year 2007, but this has slowed somewhat in fiscal year 2008. Fines and Forfeitures increased due in part to higher collections of delinquent tax fees. Higher revenue from General District Court fines and Parking Tickets also contributed to the variance. Revenue from the Use of Money and Property decreased over the prior year due primarily to the timing of billings for the Commonwealth Building and rentals. In addition, the City has experienced a decline in interest revenue due to lower interest rates in the current year. Grants in Aid Commonwealth grew in part due to the increase in Social Services expenditures which are reimbursable by the Commonwealth. Grants in Aid Federal decreased due to the aforementioned impact of accrual reversals and timing of the receipt of Emergency Management Assistance revenue. The second payment for fiscal year 2007 had not been received as of August. Charges for Services increased significantly compared to the same time period in fiscal year 2007. This is due primarily to large collections of Emergency Medical Services charges. The City is continuing to benefit from the improved coilection results of its third party billing company. The current fiscal year revenue includes collections of prior year's accounts dating back to November 200S. Also contributing to the variance is an increase in Weed Cutting and Demolition billings. Miscellaneous Revenue increa5ed in part due to collections for the Building New Partnership Conference held this September. In fiscal year 2007, collections were not received until much later in the fiscal year. A timing difference in City-sponsored tax sales and the related collections that follow also attributed to the increase. These tax sales are periodic, and collections fluctuate from year to year as well as month to month. Honorable Mayor and Members of Council October 1, 2007 Page 3 Expenditures General Fund expenditures as a whole increased 6.2%. The fiscal year 2008 expenditure budget includes funding of approximately $1.6 million to cover contracts and purchase orders made during fiscal year 2007 but not paid by the end of that year. City Council approved re- appropriation of this funding when adopting the General Fund budget in May. Additionally, General Fund expenditures of all departments are affected by a 4% pay raise effective July 1,2007. Other than these items which affect most categories of expenditures, variances between fiscal year 2007 and fiscal year 2008 are addressed as follows: General Government expenditures increased in part due to the aforementioned pay raise. Earlier encumbrances of several contracts also contributed to the variance. Judicial Administration costs vary due to an increase in personnel costs as well as the earlier encumbrance for Maintenance Contracts and Records Management. Health and Welfare increased due to higher foster care, special needs adoption, and daycare services expenditures as a result of a higher rate of child placement. Parks, Recreation and Cultural costs vary due to expenditures for the Arts Festival Anniversary Celebration, as fiscal year 2007 had no activity in this area until November. Also contributing to the variance is a timing difference in the encumbrance of the cleaning contract as well as additional personnel costs for the Libraries. Sincerely, Q~A.IW Jesse A. Hall Director of Finance JAH:lcvc Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Di rector of Management and Budget Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July 1 - August 31 2006-2007 $ 2,201,536 3.428,261 236,595 254,440 303,087 2,370,877 1,364,449 246,837 70,231 $ 10,476,313 July 1 - August 31 2007 -2008 $ 264,458 3,165,344 212,257 282,959 259,755 2,738,428 (19,384) 2,040,775 250,917 86,840 $ 9,282,349 Percentage of Change -88.0 % $ -7.7 % -10.3 % 11.2 % -143 % 15.5 % -100.0 % 49.6 % 1.7 % 23.6 % -11.4 % $ Current Fiscal Year Percent of Revenue Estimate Received 0.3% 4.3% 17,3% 20,7% 29.8% 4.1% -51.0% 241% 97% 11.9% 3.7% Revised Revenue Estimates 96,801,000 74,210,000 1,224,000 1,367,000 872,000 66,269,884 38,000 8,453,000 2,595,000 731,000 252,560,884 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Percent of July 1 - August 31 July 1 - August 31 Percentage Unencumbered Revised Budget 2006-2007 2007 -2008 of Change Balance Appropriations Obligated $ 2,005,285 $ 2,223,731 10,9 % $ 11,333,527 $ 13,557.258 16.4% 1,079,040 1,203,366 11.5 % 6,896,163 8,099,529 14.9% 11,914,736 12,051,558 1.1 % 50,195,141 62,246,699 19.4% 6,024,633 6,518,309 8.2 % 19,896,550 26,414,859 24.7% 5,089,451 5,951,315 16.9 % 29,604,309 35,555,624 16.7% 1,973,510 2,162,579 9.6 % 9,428,206 11.590,785 18.7% 1,340,408 1,425,640 6.4 % 4,896,333 6.321,973 22.6% 4,042,877 4,025,063 -0.4 % 15,025,999 19,061,062 21.1% 9,625,883 10,231.105 6,3 % 51,155,527 61,386,632 167% 678,226 684,250 0,9 % 8,810,745 9,494,995 7.2% $ 43,774,049 $ 46,476,916 6.2 % $ 207,242,500 $ 253,719,416 18.3% Current Fiscal Year CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE TWO MONTHS ENDING AUGUST 31, 2007 FY 2008 FY 2007 Operating Revenues Rentals $ 82,365 $ 113,329 Event Expenses 16,629 12,823 Display Advertising 8,334 8,334 Admissions Tax 6,652 14,332 Electrical Fees 10,560 1,620 Novelty Fees 1,076 Facility Surcharge 10,162 2,181 Charge Card Fees 363 36 Commissions 1,275 (131) CateringlConcessions 190 48,269 Other 210 135 Total Operating Revenues 136,740 202,004 Operating Expenses Personal Services 290,532 303,663 Operating Expenses 170,378 162,732 Depreciation 144,698 86,758 Total Operating Expenses 605,608 553,153 Operating Loss (468,868) (351,149) Nonoperating Revenuesf(Expenses) Interest on Investments 833 (9,670) Interest and Fiscal Charges (14,988) (15,644) Miscellaneous (9,706) (270) Net Nonoperating Expenses (23,861) (25,584) Net Loss $ (492,729) $ (376,733) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE TWO MONTHS ENDING AUGUST 31, 2007 FY 2008 FY 2007 Operating Revenues Market Garage $ 58,496 $ 64,472 Elmwood Park Garage 84,021 86,443 Center in the Square Garage 38,341 28,302 Church Avenue Garage 107,894 98,142 Tower Garage 83,643 67,635 Gainsboro Garage 14,946 12,113 Williamson Lot 14,019 12,596 Higher Ed Center Lot 10,425 8,500 Market Lot 2,400 6,833 Elmwood Lot 11,870 13,498 Warehouse Row Lot 7,088 4,704 West ChurchlYMCA Lots 4,378 6,568 Total Operating Revenues 437,521 409,806 Operating Expenses Operating Expenses 83,917 54,511 Depreciation 112,399 94,238 Total Operating Expenses 196,316 148,749 Operating Income 241,205 261,057 Nonoperating Revenues (Expenses) Interest on Investments 19,863 23,159 Transfer from General Fund 6,422 5,600 Interest and Fiscal Charges (41,128) (45,491 ) Net Nonoperating Expenses (14,843) (16,732) Net Income $ 226,362 $ 244,325 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE INCOME STATEMENT FOR THE TWO MONTHS ENDING AUGUST 31, 2007 FY 2008 FY 2007 Operating Revenues Retail Space Rental $ 46,970 $ 47,080 Total Operating Revenues 46,970 47,080 Operating Expenses Operating Expense 16,491 41,244 Depreciation 15,975 1,716 Total Operating Expenses 32,466 42,960 Operating Income 14,504 4,120 Nonoperating Revenues Interest on Investments 4,915 1.050 Total Nonoperating Revenues 4,915 1,050 Net Income $ 19,419 $ 5,170 4 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31,2007 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED AUGUST 31,2007. CONSOLIDATED FUNDS BALANCE AT JUL 31, 2007 $95,293,749.05 DISBURSEMENTS $36,662,212.99 RECEIPTS $23,016,160.50 CERTIFICATE BALANCE AT AUG 31, 2007 $81,647,696.56 I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING AUGUST 31, 2007. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: CORPORATE NOTES LOCAL GOVERNMENT INVESTMENT POOL SUNTRUST INSTITUTIONAL MONEY MARKET U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $18,694.95 4,487,612.48 499,950.00 22,769,833.41 2,730,390.52 28,234,462.50 15,731,801.34 7,174,951.36 $81,647,696.56 SEPTEMBER 19, 2007 R. RI~~z!!- CHIEF DEPUTY TREASURER ~ 5 BALANCE AT AUG 31, 2006 $105,591,511.39 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE TWO MONTHS ENDING AUGUST 31, 2007 FY 2008 FY 2007 Additions: Employer Contributions $ 1,434,760 $ 1,319,528 I nvestment Income Net Appreciation (Depreciation) in Fair Value of Investments (3,846,772) 7,663,971 Interest and Dividend Income 657,629 399,194 Total Investment Income (Loss) (3,189,143) 8,063,165 Less Investment Expense (107,074) (60,768) Net Investment Income (Loss) (3,082,069) 8,123,933 Total Additions (Deductions) $ (1,647,309) $ 9,443,461 Deductions Benefits Paid to Participants $ 4,121,157 $ 3,852,433 Administrative Expenses 4,555 8,269 Total Deductions 4,125,712 3,860,702 Net Increase (Decrease) (5,773,021) 5,582,759 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 378.571,495 334,232,043 Fund Balance August 31 $ 372,798,474 $ 339,814,802 Note: Negative expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. 6 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AUGUST 31,2007 FY 2008 FY 2007 Assets Cash $ 399,220 $ 378,628 Investments, at Fair Value 374,457,977 341,369,367 Due from Other Funds 1,272 Total Assets $ 374,858,469 $ 341,747,995 Liabilities and Fund Balance Liabilities Due to Other Funds $ 2,059,865 $ 1,931,143 Accounts Payable 130 2,050 Total Liabilities 2,059,995 1,933,193 Fund Balance: Fund Balance, July 1 378,571,495 334,232,043 Net Gain (Loss) - Year to Date (5,773,021) 5,582,759 Total Fund Balance 372,798,474 339,814,802 Total Liabilities and Fund Balance $ 374,858,469 $ 341,747,995 7 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk October 2, 2007 Mr. Derek B. Cundiff 2927 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cundiff: At a regular meeting of the Council of the City of Roanoke held on Monday, October 1, 2007, you were appointed as a member of the Architectural Review Board, for a term ending October 1, 2011. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Derek B. Cundiff October 2, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Architectural Review Board. Sincerely, ~~~.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Candice Martin, Secretary, Architectural Review Board Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's Office COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of October 2007, DEREK B. CUNDIFF was appointed as a member of the Architectural Review Board, for a term ending October 1, 2011. Given under my hand and the Seal of the City of Roanoke this second day of October 2007. J.ttl~_~'n~~.~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M_ MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk October 2, 2007 Mr. John D. Fulton 1201 Persinger Road, S. W. Roanoke, Virginia 24015 Dear Mr. Fulton: At a regular meeting of the Council of the City of Roanoke held on Monday, October 1, 2007, you were appointed as a member of the Architectural Review Board, for a term ending October 1, 2011. Enclosed you will find a Certificate' of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. John D. Fulton October 2, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Architectural Review Board. Sincerely, ~ '-M.~wv Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Candice Martin, Secretary, Architectural Review Board Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's Office COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of October 2007, JOHN D. FULTON was appointed as a member of the Architectural Review Board, for a term ending October 1,2011. Given under my hand and the Seal of the City of Roanoke this second day of October 2007. ftttJ~m.~ City Clerk _..~~~.~. M~ - '-.~. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011.1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: derk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk October 2, 2007 Mr. Jay E. Foster 3726 Heatherton Road, S. W. Roanoke, Virginia 24014 Dear Mr. Foster: At a regular meeting of the Council of the City of Roanoke which was held on Monday, Octob~r 1, 2007, you were appointed as a member of the Roanoke Valley Alleghany Regional Commission to fill the unexpired term of William D. Bestpitch for a term ending June 30, 2009. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." / Mr. Jay E. Foster October 2, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Valley Allegheny Regional Commission. Sincerely, ~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, Deputy City Clerk . Andrea R. Johnson, Administrative Secretary, City Clerk's Office COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of October 2007, JAY E. FOSTER was appointed as a member of the Roanoke Valley Alleghany Regional Commission, to fill the unexpired term of William D. Bestpitch for a term ending June 30, 2009. Given' under my hand and the Seal of the City of Roanoke this second day of October 2007. ~~-~ City Clerk