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WITHDRAWN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.
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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.
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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
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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
.,.~ '-'{"~
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L) to'; \\,....-
1\' /If rl '"iC .. "Y 7'
L'HdY"Yl
CITY OF
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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
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~~/
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
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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
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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\
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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.
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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
'>
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'~'. -~.
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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.
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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.
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(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
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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.
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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.
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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
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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,
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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.
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(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.
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(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.
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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:
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(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.
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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.
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(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
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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:
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(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
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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%
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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
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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.
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(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:
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(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;
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(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.
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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.
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~
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.
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(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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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