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HomeMy WebLinkAboutCouncil Actions 09-21-09 38592-092109 TRINKLE ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 21,2009 2:00 P.M. CITY C'OUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price was late. The Invocation was delivered by The Reverend Jamal L. Jackson, Associate Pastor, Abundant Grace Assembly. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, September 25 at 7:00 p.m., and Sunday, September 27 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 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. 1 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.CLlCKONTHESERVICEICON.CLlCK 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. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring Saturday, October 3,2009 as Fall Waterways Cleanup and Celebration Day. Presented ceremonial copy to Gary Hegner, Superintendent of Parks and Facilities. 2 3. 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. Robert Craig, 701 12th Street, S. W. Chris Craft, 1501 Eastgate Avenue, N. E. Evelyn Bethel, 35 Patton Avenue, N. E. Helen Davis, 35 Patton Avenue, N. E. Robert Gravely, 3360 Hershberger Road, N. W. 4. CONSENT AGENDA (APPROVED - 6-0) 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. ADDITIONAL CLOSED MEETING REQUEST FROM COUNCIL MEMBER MASON. C-1 A communication from the City Manager requesting that Council convene in a 'Closed Meeting to discuss the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-2 Annual report of the City of Roanoke Finance Board for the period of July 1, 2008 - June 30, 2009. RECOMMENDED ACTION: Received and filed. C-3 Report of qualification of Jonathan E. Craft as the Deputy City Clerk for the City of Roanoke. RECOMMENDED ACTION: Received and filed. 3 C-4 Request of Council Member Gwendolyn W. Mason, Chair, Roanoke City Council Personnel Committee, that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation with regard to the 2010 Virginia Statewide Neighborhood Conference to be held in Roanoke. Estelle H. McCadden, Chair, Virginia Statewide Neighborhood Conference. (Sponsored by Vice-Mayor Lea and Council Member Trinkle) Council endorsed the City of Roanoke hosting the 2010 Virginia Statewide Neighborhood Conference and agreed to support the request for $2,500.00 as seed money for the Conference, with the remaining , balance of $7,500.00 being referred to the City Manager and Director of Finance. ' 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRI EFI NGS: · Community Recreation Center Feasibility Study 30 minutes (Briefing was held in the EOC Conference Room, Room 159.) ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Western Virginia Workforce Development Board Workforce Investment Act funding for Program Year 2009; and appropriation of funds. Adopted Resolution No. 38592-092109 and Budget Ordinance No. 38593-092109. (6-0) 4 2. Acceptance of additional funding from the Department of Criminal Justice Services in connection with the Virginia Sexual and Domestic Violence Victim Fund grant; and appropriation of funds. Adopted Resolution No. 38594-092109 and Budget Ordinance No. 38595-092109. (6-0) 3. Appropriation of additional funding from the Bill and Melinda Gates Foundation Opportunity Hardware Grant for new computers at four City libraries. Adopted Budget Ordinance No. 38596-092109. (6-0) 4. Acceptance of funding for the Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants Grant from the Virginia Department of Social Services; and appropriation of funds. Adopted Resolution No. 38597-092109 and Budget Ordinance No. 38598-092109. (6-0) 5. Acceptance of an additional donation of funds from Novozymes Biologicals, Inc., and approval of an amendment to the Community Service Project Agreement for improvements to the former Hannah Court Trailer Park site; and appropriation and transfer of funds. Adopted Resolution No. 38599-092109 and Budget Ordinance No. 38600-092109. (6-0) 6. Authorization to designate and name a new City park in honor of the late A. Victor "Vic" Thomas, former Member of the Virginia House of Delegates. Adopted Resolution No. 38601-092109. (6-0) 7. Authorization to seek additional funding from the Virginia Department of Transportation's Revenue Sharing Program. Adopted Resolution No. 38602-092109. (6-0) 8. Execution of a 2009-2012 Homelessness Prevention and Rapid Re- Housing Program-Funded Agreement with the Council of Community Services. Adopted Resolution No. 38603-092109. (6-0) 9. Amendment of the City Code to revise Chapter 14.1, Solid Waste Manaqement, in order to suspend the administrative processing fee for removal of loose leaves that are deposited in the City's right-of- way by citizens before December 31, 2009. Adopted Ordinance No. 38604-092109. (6-0) 5 10. Approval to continue special military pay for reservists and members of the National Guard who are called to active duty between October 1, 2009 and September 30, 2010. Adopted Resolution No. 38605-092109. (6-0) 11. Reallocation of funds for contractual services for a storm water utility fee and capital project contingency. Adopted Budget Ordinance No. 38606-092109. (6-0) 12. Endorsement and support of City staffs comments on the proposed amendments to the Virginia Stormwater Management regulations. Adopted Resolution No. 38607-092109. (6-0) 13. Acceptance of additional grant funding from the United States Department of Agriculture (USDA) and Natural Resources Conservation Service (NRCS), in connection with the Wiley Drive Upstream Low Water Bridge Project; and execution of an amendment to the Partners Agreement with the U.S. Fish and Wildlife Service and FishAmerica Foundation; and appropriation and transfer of funds. Adopted Resolution No. 38608-092109 and Budget Ordinance No. 38609-092109. (6-0) COMMENTS BYCITY MANAGER. In connection with Item 7.a.8., Ms. Burcham remarked that Total Action Against Poverty's application had been approved for homeless fundirig. She also commented on the sudden closing of the Ukrops on Franklin Road and its impact on the City. At this point, Council Member Price entered the meeting (4:09 p.m.) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation offunds to various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn- Timity, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 38610-092109. (7-0) 9. UNFINISHED BUSINESS: NONE. 6 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 38583, on second reading, appropriating funds in connection' with the issuance of General Obligation Public Improvement Bonds for various public improvement projects. Adopted Budget Ordinance No. 38583-092109. (5-2, Council Members Mason and Rosen voting no.) b. A resolution reappointing Vickie H. Bibee as a Director of the Economic Development Authority for a term of four years ending October 20, 2013. Adopted Resolution No. 38611-092109. (7-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Price agreed to serve as an alternative on the Joint Services Task Force Committee in the event that a Council representative is needed. Council Member Cutler complimented the Department of Management and Budget on the Capital Improvement Program document. He also called attention to the Roanoke Regional Chamber of Commerce survey on building permit process in the City of Roanoke; ICMA publication on celebrating the difference professional local management makes; a communication from Valley Metro dated September 18, 2009, regarding Crossroads Center revocable permit for GRTC bus service; and a memorandum from Dr. Stephanie L. Harper, District Health Director of the Roanoke Health Department, regarding an update on the Novel H1N1 virus situation. In connection with the update on the Novel H1N1 virus, the City Manager announced that the City had requested certification for the Occupational Health Services to administer the vaccine when it is available. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. THE COUNCIL MEETING WAS DECLARED IN RECESS AT 4:38 P.M., AND RECONVENED AT 4:38 P.M., IN THE EOC CONFERENCE ROOM, ROOM 159 FOR UPDATE ON A COMMUNITY RECREATION CENTER FEASIBILITY STUDY AND TWO CLOSED MEETINGS. 7 ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 21,2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on Channel 3 on Friday, September 25 at 7:00 p.m., and Sunday, September 27 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation from Kaye Hale, Director, West End Center. Expressed appreciation for years of support and extend an invitation in celebration of 30 years of service on September 26 at 10:00 a.m., West End Center for Youth. 8 Presentation in celebration of the legacy of the late A. Victor "Vic" Thomas, former Member of the Virginia House of Delegates. Read Resolution No. 38601-092109 designating and naming the new City Park at the former Hannah Court trailer park the A. Victor "Vic" Thomas Park. Presented City gifts to Mrs. Dot Thomas, widower; and son, Eric Thomas. B. PUBLIC HEARINGS: 1. Request of Winky Wise Enterprises, LLC, to rezone a 0.031 acre portion of the rear of property on Bluefield Boulevard, S. W., from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District, subjectto a certain proffered condition. Howard Boggess, Project Manager, Lumsden Associates, P.C., Spokesperson. Adopted Ordinance No. 38612-092109. (7-0) 2. Request of the City of Roanoke to amend the Institutional Planned Unit Development Plan for property located at 3601 Ferncliff Avenue, N. W., to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38613-092109. (7-0) C. OTHER BUSINESS: 1. Petition for Appeal filed by Thomas L. Mauney appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 517 11th Street, S. W. The Council voted to remand the matter to the City of Roanoke Architectural Review Board for reconsideration. CERTIFICATION OF CLOSED MEETING. (7-0) D. 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. Linn Brown, 2928 Florida Avenue, N. W. Janie Casey, 1601 Loudon Avenue, N. W. Elenore Atkins, 803 Hunt Avenue, N. W. Robert Gravely, 3360 Hershberger Road, N. W. 9 Office of the Mayor CITY OF ROANOKE . rot m IOU 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 waterways; and WHEREAS, as part of the City's Clean and Green Program, which helps expand awareness of the Roano~e 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 commumtles, 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, THEREFiiRE, J, David A. Bowers, Mayor of the City of Roanoke, Virginia, encourage all citizens to participate in this worthwhile endeavor, and do hereby proclaim Saturday, October 3, 2009 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 twenty-first day of September in the year two thousand and nine. AITEST: -- ~rn David A. Bowers 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 Fax: (540) 853-1138 City Web: www,roanokeva.gov September 21, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Bowers and Council Members: . This is to request that City Council convene a closed meeting for the discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 9 See. 2.2-3711.A.29, of the Code of Virginia (1950), as amended. Darlene L. Bur City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Attached for your review is a summary of the City of Roanoke Finance Board's activities for the time period July 1, 2008 through June 30, 2009. The typewritten minutes of each meeting are located in the City of Roanoke Department of Finance. On behalf of the members of the Finance Board, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, ~/ . '/..... \N~.J(- Ann H. Shawver Chair Attachment c: Stephanie M. Moon, City Clerk Evelyn W. Powers, Finance Board Member Sherman M. Stovall, Finance Board Member Annual Report of the Finance Board City of Roanoke OPEB Trust June 30, 2009 Background: By Ordinance on June 2, 2008, City Council ,created a Finance Board to serve as trustee of funds designated by the City to be held, accumulated, and invested by the Finance Board for the purpose of funding Other Post-Employment Benefits (OPEB) other than pensions. With the same Ordinance, Council agreed to establish a trust for the purpose of accumulating and investing assets to fund OPEB and further agreed to become a Participating Employer in the Virginia Pooled OPEB Trust Fund. " A second Ordinance was adopted to establish an Employees' Post-Retirement Health Plan and an Employees' Post-Retirement Dental Plan outlining eligibility guidelines, premiums, and the respective benefits provided by the, City to its retirees. Sherman Stovall was appointed as a citizen member of the Finance Board with a term expiring on July 1, 2010. The Director of Finance and City Treasurer were appointed, ex officio, as members of the Finance Board for unlimited terms. There have been four meetings scheduled during the above referenced time period. August 21, 2008 Meeting Members present: Evelyn Powers Ann Shawver Sherman Stovall Others: " Andrea Trent The first meeting covered the Statement of Purpose, presentation of history, and the creation of the Board. The Board formally elected Ann Shawver, Director of Finance, " as the Chair, and Evelyn Powers, Treasurer, as the Vice-Chair of the Finance Board. Ms. Andrea Trent provided a listing of interested parties who would be providing services to the Board and to the Trust along with information on expected future actions affecting the Board and/or Trust. December 9, 2008 Meeting Members present: Evelyn Powers Ann Shawver Sherman Stovall Others: Andrea Trent OPEB Trust Annual Report of the Finance Board September 21, 2009 Page 2 A copy of the June 30, 2008 OPEB Valuation, conducted by Milliman, was distributed. After discussion, the recommendation to fund the FY09 Annual Required Contribution at $424,000 was approved. Also distributed was the VACojVML Trust Statement, dated October 31, 2008. Ms. Trent reported that the assumed rate of return on the Trust is 7% and that the investment manager is in the process of moving assets toward the target asset allocation. February 18, 2009 Meeting Members present: Evelyn Powers Ann Shawver Sherman Stovall Others: Andrea Trent The VACojVML Trust Statement, dated January 31, 2009, was distributed for review. The Board commented on the deterioration of the market value in the account and discussed the long-term nature of the investment and its relative performance. June 9, 2009 Meeting Members present: Ann Shawver Sherman Stovall Others: Andrea Trent Members absent: Evelyn Powers The VACojVML March 31, 2009 Quarterly Report for the Pooled Trust Fund along with the City of Roanoke's Trust Statement dated April 30, 2009, was distributed for review. Ms. Trent communicated that the fund performs well on a relative basis. Milliman is prepared to update the prior year's valuation as of June 30, 2009 in preparation of funding the City's actuarial required contribution. The board agreed to review Milliman's computations and approve the timing of the actuarial required contribution upon the review. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jonathan E. Craft, 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 the Deputy City Clerk for the City of Roanoke, Virginia, according to the best of my ability, effective September 8, 2009 (So help me God). !lJCf:1. Subscribed and sworn to before me this ~ day of 2009. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY CLERK L:\CLERK\DA T A \CKEW I \oath and leaving service\Deputy Clerk\Jonathan Craft,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: c1erk@roanokeva.gov JONATHAN E. CRAFT' Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 23,2009 Estelle M. McCadden, Chair Planning Committee Virginia Statewide Neighborhood Conferenc~, Inc. 2128 Mercer Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. McCadden: Your request for an endorsement and support for the City to host the 2010 Virginia Statewide Neighborhood Conference from September 23 - 25, 2010 to be held at the Hote( Roanoke and Conference Center; and for a contribution of $10,000.00 in financial support of the Conference was before the Council of the City of Roanoke at its regular meeting held on Monday, September 21,2009. On motion, duly seconded and adopted, the Council concurred in the request, and agreed to contribute $2,500.00 by November 1 as seed money in support of the Conference; and referred your request for the remaining balance to the City Manager and Director of Finance. Sincerely, ~ h-). ~~ Stephanie M. Moon, CMC C City Clerk SMM:ew pc: Darlene L. Burcham, City Manager Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor September 21 , 2009 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle We jointly sponsor a request of Estelle H. McCadden, Chair, Virginia Statewide Neighborhood Conference, to share information with regard to the 2010 Virginia Statewide Neighborhood Conference to be held in Roanoke, at the regular meeting of City Council to be held on Monday, September 21 , 2009, at 2:00 p.m. Sincerely, ~~'- Sherman P. Lea Vice-Mayor r~i!l~lf Council Member SPUDBT:ctw pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk -:: It is indeed a pleasure for me to stand before you today to ask for your endorsement and support of an event that will have a positive impact on our city economically, our neighborhoods and more youth involvement. That is to host the 2010 Virginia Statewide Neighborhood Conference, September 23 - 25, 2010 to be held at Hotel Roanoke and Conference Center Our theme is: "NEIGHBORHOOD TREASURES: Capitalizing On Our Assets." We have developed our tracks and are in the process of developing our logo. This is a grass roots conference and we will continue the registration at $ 65.00 for next year. The conference is basically funded by the cities and townships with state committee members with a ... sponsorship of $500 to $1,000, sponsorships from businesses and corporations. The Host Cities ~ in the past have given $5,000 to $7,000. I am asking you for $10,000 to host this conference which can 9 ~ be paid in installments. We would like $ 2,500 by November 1st as seed monies to get the ball rolling. We will be asking for a representative from each of our city neighborhood organizations, Roanoke County and the Town of Vinton to join in with us to help in making the 2010 conference the best ever. Our youth (9)who will be attending this year will form the committee to plan the youth segment for 2010" I am pleased to say that we have one nationally known speaker at this time and waiting on an answer from another. We will continue to keep you informed as our planning progresses and hope that you will support us in ~ promoting this conference. Oh yes the we are State Committee members from Roanoke city : ,': Shirley Harris - Bob Clement - Jimmy Cook and myself. Promoting the 2010 conference has already begun. At this year's conference we will- '\, .' r Distribute 150 copies of the U S Air magazine that showcased Roanoke in their May issue pages 42 -70 Distribute 2010 Magnet Calendars highlighting the Roanoke Conference dates ( you should have a paper copy of it in your packet Hotel Roanoke will exhibit at the conference on Friday Convention and Business Bureau is supporting us with a back drop for Roanoke's exhibit table and handouts During the closing luncheon on Saturday a video will be shown highlighting our city and with the passing of the banner the video will have an invitation from the Mayor to the attendees to , come to the conference in Roanoke, Virginia in 2010. Estelle H, McCadden, Chair Virginia Statewide Neighborhood Conference </ 200Jf - Roanoke's Citizen of the Year .' . In October 2009 some of the highlights in my life will end. I have resigned from Neighborhoods USA referred to as( NUSA ) which is a national non-profit organization committed to building and strengthening neighborhood organizations across the country. I have been a member for 13 years and have made some great contributions to the organization. The one I am most proud of was planning, developing and implementing voting at the conference. Never fret, we still have presence on the national board beginning in October this year. That person is Bob Clement who will begin his first s3 year term. The other is being named Roanoke's Citizen ofthe year. Thanks to the citizens of Roanoke, our City Manager and City Council for having a positive influence in helping to make me the person I am. I pledge to continue to work along with others to continue to make Roanoke a better place to live. ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 2009. No. 38592-092109. A RESOLUTION accepting the funding for the Western Virginia Workforce Development Board's Workforce Investment Act (WIA) program, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Funding in the amount of $492,315, for the purpose of administering Workforce Investment Act ("WIA") programs for certain WIA client populations, as more particularly set out in the City Manager's letter dated September 21,2009, to City Council, is hereby ACCEPTED. 2. The City Manager is authorized to execute and file, on behalf of the City, any documents required to accept such funding, in a form approved by the City Attorney, and to furnish such additional information as may be required in connection with the acceptance of the foregoing funding. 3. The City of Roanoke shall be authorized to be the primary fiscal agent for this Grant and shall be responsible for distributing the funding to the Western Virginia Workforce Development Board. ATTEST: ~h1~m~ City Clerk. , C K:\David\Council Work\westem va wo~orce development\resolution-9-2I-09.doc f<. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38593-092109. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY10 Workforce Investment Act Grant; amending and reordaining certain sections of . the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative - Regular Employee Wages Administrative - Temporary Employee Wages Administrative - City Retirement Administrative - FICA Administrative - Medical Insurance Administrative - Dental Insurance Administrative - Life Insurance Administrative - Disability Insurance Administrative - Fees for Professional Services Administrative - Dues and Memberships Administrative - Training and Development Administrative - Local Mileage Administrative - Food Administrative - Business Meals and Travel Administrative - Equipment Rental Administrative - Other Rental Administrative - Marketing Administrative - Supplies Administrative - Insurance Administrative - Contract Services Administrative - Leases Administrative - Miscellaneous Administrative - Telephone Adult - Regular Employee Wages Adult - Temporary Employee Wages Adult - City Retirement 35-633-2360-1002 35-633-2360-1004 35-633-2360-1105 35-633-2360-1120 35-633-2360-1125 35-633-2360-1126 35-633-2360-1130 35-633-2360-1131 35-633-2360-2010 35-633-2360-2042 35-633-2360-2044 35-633-2360-2046 35-633-2360-2060 35-633-2360-2144 35-633-2360-3070 35-633-2360-3075 35-633-2360-8053 35-633-2360-8055 35-633-2360-8056 35-633-2360-8057 35-633-2360-8058 35-633-2360-8060 35-633-2360-8090 35-633-2361-1002 35-633-2361-1004 35-633-2361-1105 $ 17,253 9,733 2,657 2,064 1,380 80 140 35 500 900 40 900 260 1,180 581 143 4,000 374 1,000 3,741 1 ,456 150 665 6,500 450 1,001 Adult - FSA Match Adult - FICA Adult - Medical Insurance Adult - Dental Insurance Adult - Life Insurance Adult - Disability Insurance Adult - Training and Development . Adult - Local Mileage Adult - Food Adult - Business Meals and Travel Adult - Equipment Rental Adult - Other Rental' Adult - Marketing Adult -.Supplies Adult - Contract Services Adult - Leases Adult - Telephone Dislocated Worker - Regular Employee Wages Dislocated Worker - Temporary Employee Wages Dislocated Worker - City Retirement Dislocated Worker - FSA Match Dislocated Worker - FICA Dislocated Worker - Medical Insurance .Dislocated Worker - Dental Insurance Dislocated Worker - Life Insurance Dislocated Worker - Disability Insurance Dislocated Worker - Training and Development Dislocated Worker - Local Mileage Dislocated Worker - Food Dislocated Worker - Business Meals and Travel Dislocated Worker - Equipment Rental Dislocated Worker - Other Rental Dislocated Worker - Marketing Dislocated Worker - Supplies Dislocated Worker - Contract Services Dislocated Worker - Leases Dislocated Worker - Telephone Youth in School- Regular Employee Wages Youth in School- Temporary Employee Wages Youth in School- City Retirement Youth in School- FSA Match Youth in Schoo/- FICA Youth in School- Medical Insurance Youth in School- Dental Insurance Youth in School - Life Insurance 35-633-2361-1118 35-633-2361-1120 35-633-2361-1125 35-633-2361-1126 35-633-2361-1130 35-633';2361-1131 35-633-2361-2044 35-633-2361-2046 35-633-2361-2060 35-633-2361-2144 35-633-2361-3070 35-633-2361-3075 35-633-2361-8053 35-633-2361-8055 35-633-2361-8057 35-633-2361-8058 35-633-2361-8090 35-633-2362-1002 35-633-2362-1004 35-633-2362-1105 35-633-2362-1118 35-633-2362-1120 35-633-2362-1125 35-633-2362-1126 35-633-2362-1130 35-633-2362-1131 35-633-2362-2044 35-633-2362-2046 35-633-2362-2060 35-633-2362-2144 35-633-2362-3070 35-633-2362-3075 35-633-2362-8053 35-633-2362-8055 35-633-2362-8057 35-633-2362'-8058 35-633-2362-8090 35-633-2363-1002 35-633-2363-1004 35-633-2363-1105 35-633-2363-1118 35-633-2363-1120 35-633-2363-1125 35-633-2363-1126 35-633-2363-1130 $ 8 532 520 2 1 1 250 250 70 250 145 35 300 215 36,847 350 150 8,300 550 1,278 14 677 664 33 66 ,17 240 150 60 330 134 33 200 286 91,306 336 153 15,854 671 2,442 16 1,264 1,268 74 128 Youth in School - Disability Insurance Youth in School- Training & Development Youth in School - Local Mileage ' Youth in School - Food Youth in School- Business Meals and Travel Youth in School - Equipment Rental Youth in School- Other Rental Youth in School - Marketing , Youth in School- Supplies Youth in School - Contractual Services Youth in School - Leases Youth in School- Telephone Youth out of School- Regular Employee Wages Youth out of School- Temporary Employee Wages Youth out of School - City Retirement Youth out of School- FSA Match Youth out of School- FICA Youth out of School- Medical Insurance Youth out of School- Dental Insurance Youth out of School- Life Insurance Youth out of School- Disability Insurance Youth out of School - Training & Development Youth out of School- Local Mileage Youth out of School - Food Youth out of School- Business Meals and Travel Youth out of School- Equipment Rental Youth out of School - Other Rental Youth out of School- Supplies Youth out of School- Contractual Services Youth out of School- Leases Youth out of School- Telephone Revenues Workforce Investment Act Grant FY10 35-633- 2363-1131 35-633-2363-2044 35-633-2363-2046 35-633-2363-2060 35-633-2363-2144 35-633-2363-3070 35-633-2363-3075 35-633-2363-8053 35-633-2363-8055 35-633-2363-8057 35-633-2363-8058 35-633-2363-8090 35-633-2364-1002 35-633-2364-1004 35-633-2364-1105 35-633-2364-1118 35-633-2364-1120 35-633-2364-1125 35-633-2364-1126 35-633-2364-1130 35-633-2364-1131 35-633-2364-2044 35-633-2364-2046 35-633-2364-2060 35-633-2364-2144 35-633-2364-3070 35-633-2364-3075 35-633-2364-8055 35-633-2364-8057 35-633-2364-8058 35-633-2364-8090 35-633-2360-2360 $ 44 640 400 160 880 357 88 1,200 454 176,020 896 409 6,063 224 934 5 481 485 28 49 17 280 200 70 360 156 39 193 76,959 392 179 492,315 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A~~.h1oaW 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 September 21 , 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Funding for Western Virginia Workforce Development Board Work-Force Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient and fiscal agent for Workforce Investment Act (WIA) funding, thus, City Council must appropriate 'the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income gUidelines defined by the U.S. Department of Labor; · Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job,training services. Honorable Mayor and Members of City Council September 21, 2009 Page 2 The Western Virginia Workforce Development Board has received a Notice of Obligation (NOO), from the Virginia Community College System, allocating $53,197 for the Adult Program which serves economically disadvantaged adults, $116,475 for the Dislocated Worker Program which serves workers laid off from employment through no fault of their own, and $322,643 for the Youth Program which serves economically disadvantaged youth for Program Year 2009 Uuly 1, 2009 - June 30, 2011). Ten percent of the aforementioned totals are to be allocated to the administrative function of the Western Virginia Workforce Development Board. Considerations: · Program Operations - Existing activities will continue and planned programs will be implemented. · Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act funding of $492,315 for Program Year 2009, and appropriate the funding, in accounts to be established in the Grant Fund by the Director of Finance. Establish corresponding revenue estimates in the Grant Fund as well. Attached to this letter is a listing of the accounts and amounts for the above Program Year 2009 appropriations. Respectfully submitted, Darlene L. Burcham City Manager c: Stephanie M. Moon, 'City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human Services CM09-00 160 . ,';.' I ~. ,:: . :~.: ~: . .'! Western Virginia Workforce Development Board 2009-2011 Budget Allocation Unit Fund/Department! Object Account Name Unit Code Name Allocation Admininstrative 35-B33-2360 1002 Regular Employee Salaries $ 17,253 1004 Temporary Employee Wages $ 9,733 1120 Fica $ 2,064 1105 City Retirement $ 2,657 1125 Medical Insurance $ 1,380 1130 Life Insurance $ 140 1131 Disability Insurance $ 35 1126 Dental Insurance $ 80 2010 Fees For Professional Service $ 500 8053 Marketing $ 4,000 8055 Supplies $ 374 8090 Telephone $ 665 8058 Leases $ 1,456 2144 Business Meals & Travel $ 1,180 2044 Training & Development $ 40 2046 Local Mileage $ 900 2060 Food $ 260 8056 Insurance $ 1,000 8057 Contract Services $ 3,741 8060 Miscellaneous $ 150 3070 Equipment Rental/Lease $ 581 3075 Other Rental $ 143 2042 Dues & Memberships $ 900 Total $ 49,232 Unit Fund/Department! Object Account Name Unit Code Name Allocation Adult 35-B33-2361 1002 Regular Employee Salaries $ 6,500 1004 Temporary Employee Wages $ 450 1120 Fica $ 532 1105 City Retirement $ 1,001 1125 Medical Insurance $ 520 1118 FSAMatch $ 8 1130 Life insurance $ 1 1131 Disability Insurance $ 1 1126 Dental Insurance $ 2 8053 Marketing $ 300 8055 Supplies $ 215 8090 Telephone $ 150 8058 Leases $ 350 2144 Business Meals & Travel $ 250 2044 Training & Development $ 250 2046 Local Mileage $ 250 2060 Food $ 70 8057 Contract Services $ 36,847 3070 Equipment Rental/Lease $ 145 3075 Other Rental $ 35 Total $ 47,877 Unit Fund/Departmenll Object Account Name Unit Code Name Allocation Dislocated Worker 35-633-2362 1002 Regular Employee Salaries $ 8,300 1004 Temporary Employee Wages $ 550 1120 Fica $ 677 1105 City Retirement $ 1,278 1125 Medical Insurance $ 664 1118 FSAMateh $ 14 1130 Lile Insurance $ 66 1131 Disability Insurance $ 17 1126 Dental Insurance $ 33 8053 Marketing $ 200 8055 Supplies $ 286 8090 Telephone $ 153 8058 Leases $ 336 2144 Business Meals & Travel $ 330 2044 Training & Development $ 240 2046 Local Mileage $ 150 2060 Food $ 60 8057 Contract Services $ 91,306 3070 Equipment Rental/Lease $ 134 3075 Other Rental $ 33 Total $ 104,827 Unit Fund/Departmenll Object Account Name Unit Code Name AllocatIon Youth In-School 35-633-2363 1002 Regular Employee Salaries $ 15,854 1004 Temporary Employee Wages $ 671 1120 Fica $ 1,264 1105 City Retirement $ 2,442 1125 Medical Insurance $ 1,268 1118 FSA Match $ 16 1130 Lile Insurance $ 128 1131 Disability Insurance $ 44 1126 Dental Insurance $ 74 8053 Marketing $ 1,200 8055 Supplies $ 454 8090 Telephone $ 409 8058 Leases $ 896 2144 Business Meals & Travel $ 880 2044 Training & Development $ 640 2046 Local Mileage $ 400 2060 Food $ 160 8057 Contract Services $ 176,020 3070 Equipment Rental/Lease $ 357 3075 Other Rental $ 88 Total $ 203,265 Unit Fund/Departmenll Object Account Name Unit Code Name Allocation Youth Out-Ol-School 35-633-2364 1002 Regular Employee Salaries $ 6,063 1004 Temporary Employee Wages $ 224 1120 Fica $ 481 1105 City Retirement $ 934 1125 Medical Insurance $ 485 1118 FSA Match $ '5 1130 Lile Insurance $ 49 1131 Disability Insurance $ 17 1126 Dental Insurance $ 28 8055 Supplies $ 193 8090 Telephone $ 179 8058 Leases $ 392 2144 Business Meals & Travel $ 360 2044 Training & Development $ 280 2046 Local Mileage $ 200 2060 Food $ 70 8057 Contract Services $ 76,959 3070 Equipment Rental/Lease $ 156 3075 Other Rental $ 39 Total $ 87,114 Total 01 all Units 492,315 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38594-092109. A RESOLUTION authorizing acceptance of the Virginia Sexual and Domestic Violence Victim Fund (VSDVVF) Grant made to the City of Roanoke by the Virginia Department of Criminal Justic.e Services (DCJS), and authorizing execution of any required documentation on behalf of the City. ./ BE IT RESOLVED by the Council oftheCity of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services (DCJS) the Virginia Sexual and Domestic Violence Victim Fund (VSDVVF) Grant in the amount of $23,591, with no matching funds required, to continue the employment of the Police Department's Sexual Violence and Hispanic Outreach Specialist. The grant is more particularly described in the letter ofthe City Manager to Council dated September 21,2009. 2. The City Manager is hereby authorized to execute and file, on behalfofthe 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 in connection with the acceptance of the foregoing grant. ATTEST: A~m,~ City Clerk. K:\Timlmeasures\R-pd sexual violence coordinator grant.9-21-09.doc iK IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38595-092109. AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Revenues Police Domestic Violence Victim CY09 35-640-3353-1004 35-640-3353-1120 $ 21,915 1,676 23,591 35-640-3353-3353 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: h:t:tl~ M Moo.J 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Memb~r Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Police Department Sexual Violence Coordinator Grant Background: The Virginia Department of Criminal justice Services (DCjS) provides grant funding for programs and activities which increase the apprehension, prosecution and adjudication of persons committing violent crimes against women. The Virginia Sexual and Domestic Violence Victim Fund (VSDVVF) was created in 2004 by the Virginia General Assembly. The VSDVVF, through DCjS, provides funding for programs that assist the victims of sexual and domestic violence. The Police Department has used funds from the VSDVVF since 2007. On August 26, 2009, DCjS awarded the Police Department $23,591 in VSDWF funding to continue the employment of the Sexual Violence and Hispanic Outreach Specialist. There is no local matching funds requirement. In january, DCjS approved a full year grant project but only awarded $7,997 in funding. This represented 25% of program costs. The remaining $23,591 was held until several special conditions were met. The Police Department has now met these conditions and DCjS has granted the remaining funds. This additional funding will be added to the original award. It will allow full completion of the original project. The person working in this grant position is bilingual in Spanish and English. They collect and interpret relevant sexual violence offense data which allows proactive case intervention and cultivation of cooperative working relationships Honorable Mayor and Members of City Council September 21 , 2009 Page 2 with clients and service/adjudication agencies. Additionally, the position- serves all Hispanic victims of sexual and domestic violence as well as performs crime prevention outreach services in the Hispanic community. Recommended Action: Accept the Virginia Sexual and Domestic Violence Victim Fund grant and authorize the City Manager to execute the grant agreements and any related documents, subject to them being approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $23,591 and to appropriate the same amount in accounts to be established as detailed below in the Grant Fund by the Director of Finance. DescriPtion Account Amount Temporary Employee Wages FICA 1004 1120 $21,915 $ 1.676 $ 23,591 TOT At Respectfully submitted, Darlene L. Burcham City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget ,/ CM09-00159 J t~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38596-092109. AN ORDINANCE to appropriate additional funding from the Bill and Melinda Gates Foundation Opportunity Hardware Grant for library technology updates, amending and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment Revenues Gates Foundation FY09 35-650-8301-9015 $ 19,500 35-650-8301-8301 19,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~.~~ 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Revisions to the Bill & Melinda Gates Foundation Opportunity Hardware Grant Background: The City of Roanoke Library System is the recipient of a Bill & Melinda Gates Foundation Opportunity Hardware Grant. This national grant is to assist selected public libraries in providing up-to-date technology to their communities. This grant allows the Library system to replace older computers and significantly increase the number of available computers at four branches: Gainsboro, Jackson Park, Roanoke Law Library, and Melrose. Council accepted funds for this grant on February 2, 2009 and appropriated $19,500 which included a local match of $9,750. The Gates Foundation has awarded an additional $19,500 that needs to be appropriated. No additional City match is required. This most recent award will provide for additional new computers at these four locations. Honorable Mayor and Members of City Council September 21, 2009 Pag e 2 Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate in the amount of $19,500 and appropriate the same amount in accounts established previously in the Grant Fund by the Director of Finance. Respectfully submitted, ,/' Darlene L. Burc City Manager DLB:su c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Sheila S. Umberger, Director of Libraries Sherman M. Stovall, Director of Management and Budget CM09-00 1 62 \ (jJL- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 2009. No. 38597-092109. , A RESOLUTION authorizing the acceptance of an Employee Advancement for Temporary Assistance to Needy Families (T ANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible T ANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local DSS agencies; and authorizing execution of any arid all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Employee Advancement for T ANF Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible T ANF recipients, in the amount of $256,934, for a period commencing October 1, 2009, through June 30, 2010, as set forth in the City Manager's letter to Council dated September 21,2009, is hereby ACCEPTED. 2. The CityofRoanoke shall be authorized to be the primary fiscal agentfor this grant and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. 3. The City Manager is hereby authorized to execute any and all requisite documents, pertaining to the City's acceptance ofthese funds and to furnish suchadditional information as may be required connection with the City's acceptance ofthese grant funds. All documents shall be approved as to form by the City Attorney. K:\David\Council Work\R- Tanf grant swest va reg emp coalition 9-21-09.doc ATTEST: ~o. r. -,',.\"Y\ ./\f\b~ A~k. w ~ J . {5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38598-092109. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. HE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: , Appropriations Fees for Professional Services 35-630-8861-2010 Revenues SWVA Regional Employment Coalition FY10 35-630-8861-8861 $256,934 256,934 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,~00 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Southwest Virginia Regional Employment Coalition Background: The City of Roanoke Department of Social Services, in collaboration with the local departments of social services in Roanoke County, Franklin County, Craig County and Botetourt County, along with Total Action Against Poverty, Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, have been awarded additional funding for the Employment Advancement for Temporary Assistance to Needy Families (TAN F) Participants grant from the Virginia Department of Social Services (VDSS) in the amount of $256,934. The agencies named have formed the Southwest Virginia Regional Employment Coalition. The grant is to assist citizens of our localities who are receiving Temporary Assistance to Needy Families (TANF) benefits to obtain employment or, where appropriate, an alternative disability income. The funds are available for use from October 1, 2009, through June 30, 2010. The City of Roanoke is to be the primary fiscal agent for this grant, and is to be responsible for distributing the grant proceeds to the provider agencies for services provided to the local VDSS agencies. Recommended Action: Authorize the City Manager to execute all appropriate documents related to acceptance of the additional funding. All documents shall be upon form approved by the City Attorney. Honorable Mayor and Members of City Council September 21, 2009 Page 2 Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $256,934 and to appropriate the same amount in accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Burcham City Manager DLB:tem c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human Services CM09-OO 1 53 p;( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38599-092109. A RESOLUTION accepting an additional donation of funds from Novozymes Biologicals, Inc. (NBI) to provide improvements to City owned property on Midvale Avenue, formerly the Halmah Court Trailer Park site (Hannah Tract) for walking trails, landscaped and revegetated areas, and a parking area; authorizing the City Manager to sign amendment(s) to a Community Service Project 19reement between the City and NBI; authorizing the City Manager to execute allY necessary additional documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, administer, and enforce such additional donation and amendment(s); and expressing appreciation for such donation. WHEREAS, on March 16, 2009, City Council accepted a donation of $250,000 from NBI for planned improvements to City owned property 'on Midva1e Avenue, formerly the Hannah Court Trailer Park site, and approved a Community Service Project Agreement between the City and NBI, which was dated April 1, 2009, and which set forth certain conditions concerning such donation; and ,WHEREAS, the City proceeded to prepare bid documents, advertised the project and on August 29, 2009, the City received three bids, with the lowest responsive and responsible bid being $286,450.95, which is $36,450.95 above the available funds for the project. As a result of discussions with the City, NBI agreed to fund $18,225 of the additional amount, with the City funding the rest, or $18,225.95, from an existing greenway account. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the additional donation of $18,225 to the City from NBI subject to the provisions of the Community Service Project Agreement, as R -N ovozymes- Amendment.doc 1 amended, all as more particularly set forth in the letter dated September 21, 2009, from the City Manager to this Council. 2. Council hereby authorizes the City Manager to execute amendment(s) to the Community Service Project Agreement between the City and NBI as mentioned in the above City Manager's letter, with such amendment(s) to be approved as to form by the City Attorney. 3. The City Manager is further authorized to execute any necessary additional documents, provide any additional information, and to take any necessary actions, including accepting any additional donations for the project, in order to obtain, accept, receive, implement, use, administer, and enforce such donation, amendment(s), and Agreement. 4. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Novozymes Biologicals, Inc. for its generous additional donation to the City for improvements to part of the Hannah Tract. ATTEST: A~~. . City Cl;k. ~ R -Novozymes-Amendment.doc 2 v IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38600-092109. AN ORDINANCE to appropriate a donation from Novozymes Biologicals, Inc. and to transfer funding from the Comprehensive Greenway Trail account to the Hannah Court Site Improvements project, amending and reordaining certain sections of the 2009-2010 Capital Projects 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 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from Third Party , Appropriated from General Revenue Revenues Hannah Court Improvements - Novozymes Biologicals, Inc. 08-530-9703-9003 08-530-9703-9004 08-620~9753-9003 $ 18,226 18,225 ( 18,226 ) 08-530-9703-9703 18,225 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ (Y).mbo.-J City Cl.erk. C 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 September 21 , 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment to Novozymes Biologicals, Inc. Agreement for Improvements to the Former Hannah Court Trailer Park Site and Additional Donation Background: On March 16, 2009, City Council accepted a donation of $250,000 from Novozymes Biological (NBI) for planned improvements tCi 'City owned property on Midvale Avenue, formerly the Hannah Court Trailer Park site, Tax Map No. 1221406. Council also approved a Community Service Project Agreement between the City and NBI, which was dated April 1, 2009, and which set forth certain conditions concerning such donation. The City proceeded to prepare bid documents and advertised the project. On August 28, 2009, the City received three bids, with the lowest responsive and responsible bid being $286,450.95 from Allegheny Construction Company, Inc., to perform the construction work. Since the bid exceeded available funds by $36,450.95, the City notified NBI that the project had exceeded the estimate set forth in the Community Service Project Agreement. As a result of discussions with the City, NBI agreed to fund $18,225 of the additional amount, with the City funding the rest, or $18,225.95, from an existing greenway account. Honorable Mayor and Members of City Council September 21, 2009 Page 2 City Council action is needed to accept the above additional donation from NBI and to authorize the City Manager to execute such other documents and/or further amendment(s) as may be needed to obtain the additional donation from NBI. Recommended Actions: Accept the additional donation of $18,225 from NBI as mentioned above, subject to the provisions of the Community Service Project Agreement and any needed amendment(s) thereto. Authorize the City Manager to sign any' needed amendment(s) to the Community Service Project Agreement between the City and NBI in order to accept NBI's donation and to provide for the implementation and completion of the project, with the form of such amendment(s) to be approved by the City Attorney. Authorize the City Manager to execute any necessary additional documents, provide any additional information, and to take any necessary actions, including acceptance of any additional donations for the project, in order to obtain, accept, receive, implement, use, administer, and enforce such additional donation and amendment(s). Adopt the accompanying budget ordinance to establish a revenue estimate in the ,amount of $18,225 from NBI and an additional $18,226 to be transferred from the Comprehensive Greenway Trail account (08-620-9753-9003), and to appropriate the same amounts in the Hannah Court Site Improvements account (08-530-9703). Respectfully submitted, Darlene L. Burcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer CM09-00 168 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 23,2009 Ms. Dorothy L. Thomas 3028 Lockridge Road, S. W. Roanoke, Virginia 24014 Dear Mrs. Thomas: I am enclosing copy of Resolution No. 38601-092109 designating and naming the new City Park at the former Hannah Court trailer park the A. Victor "Vic" Thomas Park. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 21,2009. Sincerely, ~h).~vw Stephanie M. Moon, CMC City Clerk SM M :ew Attachment pc: Bill Modica, Chair, Sierra Club, 907 Greenbrier Court, Salem, Virginia 24153 Roger B. Holnback, Executive Director, Western Virginia Land Trust, 722 First Street, S. W., Suite L, Roanoke, Virginia 24016 The Honorable M. Rupert'Cutler, Council Member Darlene L. Burcham, City Manager Steven C. Buschor, Director, Parks and Recreation Philip C. Schirmer, PE, LS, City Engineer ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38601-092109. A RESOLUTION designating and naming the new City Park at the former Hannah Court trailer park the A. Victor "Vie" Thomas Park. WHEREAS, the late A. Victor "Vie" Thomas of Roanoke faithfully served the citizens of our region throughout his 30-year tenure in the House of Delegates; WHEREAS, Mr. Thomas was the Virginia General Assembly's most outspoken advocate for wildlife conservation, having provided great leadership for legislation providing funds for Virginia Department of Game and Inland Fisheries' non-game wildlife program th~t includes the network of Virginia Birding and Wildlife Trails; WHEREAS, Mr. Thomas was instrumental in the passage of a bill enabling the purchase of the 8,500 acre Big Survey tract in Wythe County, and was recognized for this and other good works by the Western Virginia Land Trust, which named its highest conservation award in his honor; and WHEREAS, the former Hannah Court trailer park site is being redeveloped as a public park, and such redevelopment will include significant restoration of wildlife habitat, open space, and recreational amenities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The former Hannah Court trailer park area is hereby designated and renamed the A. Victor "Vie" Thomas Park. 2. The City Manager is hereby authorized to cause this renaming to be noted with the installation of appropriate signs to indicate the name the A. Victor "Vie" Thomas Park. K:\Measures\Renaming Hannah Court TP as A. Victor Thomas Park 2009.doc 3. The City Engineer is directed to cause the above park name to be noted appropriately on all maps and plats lodged in his care. ATTEST: ~'rY).~ City Clerk. K:\Measures\Renaming Hannah Court TP as A. Victor Thomas Park 2009.doc 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Naming City Park for A. Victor "Vic" Thomas Pursuant to Resolution No. 37976-121707 adopted by City Council on December 7, 2007 regarding the naming of City facilities, and with the recommendation of the Director of Parks and Recreation, the administration proposes to name the park now under development at the former Hannah Court trailer park the A. Victor "Vic" Thomas Park. The site was acquired by the City as part of the Roanoke River Flood Reduction Project, and is being developed as a park, including significant restoration of wildlife habitat, open space, and recreational amenities. A resolution has been prepared and is attached that honors the late A. Victor "Vie" Thomas by naming the park the A. Victor "Vic" Thomas Park. Recommended Action: Council adopt the attached resolution naming the new City park at the former Hannah Court trailer park the A. Victor "Vic" Thomas Park; the City Engineer is directed to cause the above park name to be noted appropriately on all maps and plats lodged in his care, and the City Manager is authorized to cause the placement of appropriate signage at the park. Respectfully submitted, ~~ Darlene L. Burdjam City Manager Honorable Mayor and Members of City Council September 21, 2009 Page 2 DLB/SCB/ld Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation Philip C. Schirmer, City Engineer CM09-00166 .. SIERRA CLUB Roanoke Group Virginia Chapter virginia.sierraclub.org/roanoke FOUNDED 1892 To explore, enjoy, and protect the planet Resolution by the Roanoke Group, Virginia Chapter, Sierra Club Whereas, the late A. Victor "Vie" Thomas of Roanoke faithfully served the citizens of our region throughout his 30-year tenure in the House of Delegates. and . Whereas, Mr. Thomas was the Virginia General Assembly's most outspoken adv.ocate for wildlife conservation, having provided great leadership for legislation providing funds for Virginia Department of Game and Inland Fisheries' non-game wildlife program that includes the network of Virginia Birding and Wildlife Trails, and Whereas, Mr. Thomas was instrumental in the passage of a bill enabling the purchase the 8,500 acre Big Survey tract in Wythe County, and was recognized for this and other good works by the Western Virginia Land Trust who named its highest conservation award in his honor, and Whereas, the former Hannah Court trailer park site is being redeveloped as a public park, and such redevelopment may include significant restoration of wildlife habitat, open space, and recreational amenities, Now therefore, be it resolved that the Roanoke Group of the Sierra Club urges the City of Roanoke to celebrate the legacy of A. Victor Thomas by naming the new city park at the former Hannah Court trailer park site in his honor, as Thomas Park. " * * * * Passed unanimously by the Executive Committee Roanoke Group, Virginia Chapter, Sierra Club August 12, 2009 y~ Bill Modica, Chair 907 Greenbrier Ct. Salem, VA 24153 mcclainmark@comcast.net 540-387-0930 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 24, 2009 Leo Rutledge, Urban Program Manager Salem and Culpeper Districts Virginia Department of Transportation 1401 E. Broad Street, Room 404 Richmond, Virginia 23219 Dear Mr. Rutledge: I am enclosing copy of Resolution No. 38602-092109 supporting and authorizing the City's application for Virginia Department of Transportation Revenue Sharing Program funds; and authorizing the City Manager to execute all necessary and appropriate documents in connection with such application. Sincerely, ~m,~ Stephanie M. Moon, CMC City Clerk Enclosure pc: Mark D. Jamison, P.E., Manager of Transportation L: \ CLERK\DA TA \ CKSMl \Agenda Correspondence \ September 21, 2009\ September 21 correspondence. doc ~r{C ~\C,yt. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38602-092109. A RESOLUTION supporting and authorizing the City's application for Virginia Department of Transportation Revenue Sharing Program funds and authorizing the City Manager to execute all necessary and appropriate documents in connection with such application. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds of up to $1,000,000.00 through the Virginia Department of Transportation Fiscal Year 2010, Revenue Sharing Program; and WHEREAS, $700,000.00 ofthese funds are requested for the Aviation Drive and Towne Square Boulevard intersection improvement project, and $300,000.00 are requested for the Berkley Road bridge replacement project. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby supports this application for an allocation of $1,000,000.00 through the Virginia Department of Transportation Revenue Sharing Program and hereby grants authority for the City Manager and the City Clerk to execute and attest, respectively, project administration agreements for any approved revenue sharing projects, such agreements to be in form as is approved by the City Attorney, all of which is more particularly set forth in the City Manager's letter dated September 21,2009, to this Council. ATTEST: ~m.~ R- VDOT -Revenue Sharing-A viation-Berkley,doc 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Revenue Sharing Program Background: The Virginia Department of Transportation's Revenue Sharing Program is again available to cities for FY 2010. This program provides additional funding for use by the City to construct or improve its highway systems. The Commonwealth of Virginia has made available $ 50 million in revenue sharing funds statewide to cities and towns that maintain their road systems for FY 2010. These funds are matching funds (50% State/50% local.) Considerations: Staff has identified two projects for which it would like to request these funds. The first is the Aviation Drive and Towne Square Boulevard intersection improvement project. The second is a bridge replacement and widening project on Berkley Road over Glade Creek. In FY2006, the City was awarded revenue sharing funds for intersection improvements at Aviation Drive and Towne Square Boulevard. Funds awarded at that time, while still available, are not sufficient to complete the construction of the project. Staff has recently reached consensus with the Airport Commission on a concept for the project. With this agreement, staff is seeking the additional funding necessary to complete the project. The total anticipated cost of the project is $2.1 million. Previous funding allocations from both local funds and VDOT revenue sharing funds total $685,214, leaving a shortfall of $1,414,786. For this year's application, the City will request $700,000 from VDOT, which will require a local match of $.7"4,786. The Airport Commission has recently offered to provide funds in an amount equal to 12 Honorable Mayor and Members of City Council September 21, 2009 pag e 2 percent of the cost of the project, not to exceed $252,000. The balance of the local funding will be provided from the City's annual paving program (account 01- 530-4120-2010) in the amount of $462,786. The construction cost estimate indicates that the cost of paving on the project will exceed that amount; thus, staff believes this is an appropriate source of funding for this significant project. Further, staff continues to seek contributions from private businesses in the area that will benefit from this improvement. Any funds received from these businesses will reduce the contribution from the paving program. The following summarizes the funding sources for this project: Local funds VDOT funds Previous commitment , $ 350,000 $ 335,214 Current request $ 252,000 - Airport $' 700,000 $ 462,786 - Locp.1 Subtotal $ 1,064,786 , $1,035,214 Total project cost $ 2,100,000 For the Berkley Road bridge replacement, $300,000 in Revenue, Sharing funds is being requested. These funds will be matched with $300,000 in bridge maintenance funds from capital account 08-530-9616, entitled "Berkley Road/ Glade Creek Bridge Renovation." Recommendation: City Council adopt a resolution supporting the request to participate in the Virginia Department of Transportation Revenue Sharing Program and authorizing the City Manager to enter into any necessary agreements with the Virginia Department of Transportation to locally administer and implement these projects should funding be received, such agreements to be approved as to form. Respectfully submitted, Darlene L. Burcham City Manager DLB/MDJ/lbv c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager CM09-00163 1~,.,,~~ v~. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38603-092109. A RESOLUTION authorizing the appropriate City officials to execute, upon certain temlS and conditions, a 2009-2012 Homelessness Prevention and Rapid Re-Housing Program ("HPRP") funded Agreement with the Council for Community Services ("CCS") that will put the funds in place for the CCS to carryout its homeless prevention and re-housing activities pursuant to the plan approved by the Department of Housing and Urban Development. WHEREAS, by Resolution No. 38439-050409, the Council of the City of Roanoke, Virginia, ("Council") approved the amendment to the City's Consolidated Plan, allowing the use of HPRP funds to provide homelessness prevention and rapid re-housing assistance to be delivered by partnering agencies , participating in a Community Housing Resource Center, made available through the American Recovery _ and Reinvestment Act of 2009; and WHEREAS, by Resolution No. 38439-050409 and by Budget Ordinance No. 38440-050409, Council accepted and appropriated the HPRP funds. THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, a 2009-2012 HPRP-funded Agreement with CCS, approved as to form by the City Attomey, within the limits of funds and for the purposes as are more particularly setforth in the City Manager's letter dated September 21,2009. ATTEST: ~h1.~ City Clerk. R-HPRP Agreement-CCS,doc 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 September 21, 2009 '" Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: 2009-2012 HPRP-funded Agreement with Council of Community Services (CCS) Background: In response to the current economic conditions, Congress passed and the President signed into law the American Recovery and Reinvestment Act of 2009 (ARRA, also known as the Stimulus Package), providing $787 billion in funding and tax relief. As part of the ARRA, $1.5 billion in Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds is being made available to states and communities. From these funds, the U.S. Department of Housing and Urban Development (HUD), which administers the funds under the HPRP program, designated $766,017 for the City of Roanoke. At its May 4, 2009, meeting, after consideration of public comments, Council approved by Resolution No. 38439-050409, the project approach proposed by the Council of Community Services for implementing a Community Housing Resource Center for submission for HUD approval. HUD approval to use the HPRP funds in this manner has been received and the HUD-City grant agreement providing access to the funds has been signed. Honorable Mayor and Members of City Council September 21, 2009 Page 2 Considerations: The action recommended in this letter implements the HPRP approach authorized by Council in the above-referenced resolution. Council action is needed for the City Manager to execute a subgrant agreement that will put the funds in place for the Council of Community Services (CCS) to carryout its homeless prevention and re-housing activities pursuant to the plan approved by HUD. Recommended Actions: Authorize the City Manager to execute a 2009-2012 HPRP-funded Agreement with CCS, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager DLBjslp Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM09-00 161 AGREEMENT This agreement is made and entered into as of the 21 st day of September, 2009, by and between the following parties: . The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Council of Community Services 502 Campbell Avenue, SW Roanoke, Virginia 24016 WITNESSETH WHEREAS, by Resolution No. 38439-050409, the Council of the City of Roanoke, Virginia, ("Council") approved the amendment to the City's Consolidated Plan, allowing the use ofHome1essness Prevention and Rapid Re-Housing Program ("HPRP") funds to provide home1essness prevention and rapid re- housing assistance to be delivered by partnering agencies participating in a Community Housing Resource Center ("CHRC"), made available through the American Recovery and Reinvestment Act of 2009("ARRA"); and WHEREAS, by Resolution No. 38439-050409 and by Budget Ordinance No. 38440-050409, Council accepted and appropriated the HPRP funds; and WHEREAS, by Resolution No. -092109, Council approved the execution of a subgrant agreement ("Agreement") between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: a. General Description of the Proiect - Activities to be undertaken by the Subgrantee under this Agreement shall be known as the "Community Housing Resource Center" ("the Center" or "CHRC") and shall have as their purpose to provide services that prevent individuals and families from becoming homeless in addition to services that will rapidlyre- house those who are currently homeless. b. Subgrantee Role and Responsibilities - The Subgrantee shall be the operator ofthe Center and shall be responsible for managing the day-to-day activities of the Center and for compliance with the terms and conditions of this Agreement. Services required hereunder will be performed by the Subgrantee and partner agencies under the Subgrantee's supervision, as described in Memoranda of Understanding (MOUs) incorporated herein by reference. General responsibilities of the Subgrantee and its partners shall include: outreach, counseling, referrals to providers, eligibility certification; financial and performance progress reporting; Homeless Management Information System (HMIS) data P:l O"P 1 of? 1 P:l O"P~ entry, training, collection and reporting; client assistance plan development and case management; funds accounting and reimbursements to providers; and direct client assistance, including payments to vendors for eligible expenses. The Subgrantee shall provide all personnel required to ensure the successful performance of its role and responsibilities under this Agreement. Such personnel may, to the limit of the funds provided under Section 2, Budget, include paid staff and volunteers reimbursed for their reasonable costs incurred in assisting the Project. Such personnel shall not be employees of or have any contractual relationship with the Grantee. c. Collaboration - It is understood that the Subgrantee is undertaking the activities described in this Agreement through a collaborative effort with homeless shelter providers and local supportive service organizations that provide services that help prevent individuals and families from becoming homeless. In addition, the Subgrantee will ensure that each ofthe partnering agencies provides a staff member at the CHRC on a regular, rotating basis to assist in providing these services. The Subgrantee, in consultation with the Grantee, shall develop MOUs that outline the commitment ofservice providers and their relationships with the CHRC. Moreover, the Subgrantee agrees that this collaboration will continue through the duration of this Agreement. d. Client Eligibility - In order for a client to receive any type of HPRP assistance, the Subgrantee shall ensure that the individual or family, whether homeless or temporarily housed: (1) has at least an initial consultation with a case manager or other authorized representative who can determine the appropriate type of assistance to meet their needs; (2) is at or below 50 percent ofthe Area Median Income (see Attachment C for Income Eligibility Guidelines); and (3) is either: (a) homeless; or (b) at risk oflosing its housing AND no appropriate subsequent housing options have been identified and the household lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. For the purposes ofthis agreement, an eligible "family" includes individuals who are related by birth, marriage or adoption. The determination of eligibility is based upon the income of all members of the family. A single individual is considered a "family of one". An eligible "household" includes all individuals who live in a unit that is considered their principal residence. The determination of eligibility is based upon the income of all members comprising the household. e. Eligibility for Use ofHPRP Funds - The activities to be performed under this Agreement are eligible uses of the HPRP funds pursuant to the following: (1) Eligible HPRP Activities: Financial Assistance; Housing Relocation and Stabilization Services; Data Collection and Evaluation; and Administrative Costs. (Section IY.A. of the HPRP Notice) P~ap ? of?~ P~ap" f. Eligible Activities (1) Financial Assistance: ( a) Short - and Medium-Term Rental Assistance - The S ubgrantee, in consultation with its partners, shall verifY and document the individuals' risk ofhome1essness that qualifies them for receiving short-term and/or medium-term rental assistance. Short-term rental assistance shall not exceed rental costs accrued over a period of3 months. Medium-term rental assistance shall not exceed the actual rental costs accrued over a period of 4 to 18 months. The Subgrantee, in consultation with its partners, shall evaluate and certifY the eligibility o fpro gram participants at least once every 3 months for all persons receiving medium-term rental assistance. No program participant shall receive more than 18 months of rental assistance. Also, rental payments shall be made only to the landlords. 1. Rent Reasonableness and Determinations - "Rent Reasonableness" shall mean that the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same time period for comparable non-luxury unassisted units. (see Attachment D for Rent Reasonableness Checklist and Certification) 11. Rental Habitability Inspections - The Subgrantee shall conduct initial and any appropriate follow-up inspections of housing units into which a program participant will be moving. Units shall be inspected on an annual basis and upon a change of tenancy. The minimum habitability standards are outlined in Attachment F, "Habitability Standards". (b) Rental Arrearages - The S ubgrantee may use rental assistance to pay for up to 6 months of rental arrears, only if the payment enables the client to: 1) remain in the housing unit for which the arrears are being paid or 2) move to another unit. The number of months paid towards rental arrears shall be included in determining the total period of rental assistance being provided, not to exceed 18 months. ( c) Other Financial Assistance Services- The S ubgrantee may use HPRP funds for other types of financial assistance such as security and utility deposits, utility payments, moving costs and hotel/motel vouchers. No program participant shall receive more than 18 months of financial assistance. Payments shall be made only to third-parties (i.e. landlords, utility and moving companies, hotels, etc.). (2) Housing Relocation and Stabilization Services - The Subgrantee may use HPRP funds for services that assist program participants, with housing stability and placement. These services shall be limited to case management activities, such as counseling; developing, securing and coordinating services; monitoring and evaluating pro gram participant pro gress; assuring that pro gram participants' rights are protected; and developing an individualized housing and service plan, including a path to P:wp, 1 of?l Pa17P,~ permanent housing stability. Other eligible activities under this section shall include outreach and engagement; housing search and placement, legal services; and credit repaIr . (3) Data Collection and Evaluation - The Subgrantee may use HPRP funds for data collection and reporting which may include the purchase ofHMIS software and/or user licenses, leasing or purchasing of computer equipment, staffing associated with the operation of the HMIS, including training; and the cost of participating in HUD research and evaluation of the program. (4) Administrative Costs - The Sub grantee may use HPRP funds for administrative costs which may include, but are not necessarily limited to, the portion of staff salaries and benefits for time engaged in general administrative duties such as preparing and submitting reports, timesheets, and payment reimbursement requests, funds accounting; and training for staffwho will administer the program or case managers, as long as the training is HPRP-related. Administrative costs shall not exceed 5% ($38,300) ofthe grant. g. Performance Expectations - The efforts of the Subgrantee pursuant to the activities set forth under this Agreement are expected to achieve the following. (1) HUD Outcome Measurement: The primary outcome addressed by this program with respect to the HUD Performance Measurement System is to: · Create a suitable living environment through access to new services for the homeless and individuals who are at risk of becoming homeless. (2) Specific Quantifiable Objectives: It is expected that this project will achieve the following: · By June 30, 2010, the Center shall have assisted 75 families, including single ,individuals considered families of one, with homelessness prevention or rapid re- housing assistance. · By June 30, 2011, the Center shall have assisted 225 families (cumulatively), including single individuals considered families of one, with home1essness prevention or rapid re-housing assistance. · By June 30, 2012, the Center shall have assisted 375 families (cumulatively), including single individuals considered families of one, with home1essness prevention or rapid re-housing assistance. h. Period of this Agreement - This Agreement shall be effective as of July 23, 2009, and, unless amended, shall end July 22,2012. 1. CHRC Staffing - The Subgrantee may use HPRP funds to hire the following staff, who shall be identified to, and compensated at reasonable rates determined in consultation with, the Grantee: P:1P-~ 4 {)f?~ P:1P-~" (1) Coordinator - The Subgrantee shall hire and train a full-time coordinator to provide intake, assessment, referrals and other related services. (see Attachment E for job description) (2) Housing Resource Specialist - The Subgrantee shall hire and train a full-time housing resource specialist to provide assistance to individuals and families who are in need of housing and other related services. (see Attachment E for job description) (3) Part-time HMIS Specialist -- The Subgrantee shall hire and train a part-time HMIS Specialist to provide training and technical assistance to those CHRC partners joining the HMIS and assist with developing reports. (see Attachment E for job description) 2. BUDGET a. Grantee Funding Provided - Unless amended, the total amount ofHPRP funds provided by the Grantee under this Agreement shall not exceed $766,017.00, subject to the limitations set forth Section 2.b. b. Limitations - Of the amount indicated in Section 2.a.: (1) Not more than $400,000.00 may be used for "Financial Assistance" as described in Section 1.[(1) above; (2) Not more than $252,717.00 may be used for "Housing Relocation and Stabilization Services" costs as described in Section 1.[(2) above; (3) Not more than $75,000.00 may be used for "Data Collection and Evaluation" costs as described in Section 1.[(3) above; and (4) Not more than $38,300.00 (5%) maybe used for "Administrative" costs as described in Section 1.[(4) above. c. Staff and Volunteer Costs Distribution - The expenses for Subgrantee staff wages and benefits and reimbursements to volunteers whose efforts are required to implement and oversee the Project shall be charged to the categories of eligible activities set forth in Section 1.[ above in proportion to the benefits derived by each activity category. 3. DISBURSEMENTS OF FUNDS a. It is anticipated that the Grantee will draw HPRP funds from the U.S. Treasury on an advance basis. An initial draw will be made on or about October 1,2009, with a second draw to be made on or about October 25,2009. Thereafter, draws are anticipated to be made on a monthly basis on or about the 25th of each month. The Grantee may consider additional draws each month during the early months ofthe project as experience with the demand for services develops, and throughout the project to address circumstances of extraordinary levels of need to provide client assistance or other extraordinary needs. However, absent such circumstances, monthly draws shall be the standard. b. The amount of the initial and each subsequent draw shall be $22,530.00, which is equal to one thirty-fourth (1134) of the total funds, reflecting the total number of monthly draws available to be made through June 30, 2012. The amount of such draws maybe adjusted, individually or collectively, as experience with demand develops and needs dictate. With PlHTP 'i of? ~ Pm'p" the exception of the initial draw, the Grantee shall disburse funds to the Subgrantee on or about the first day of each month. c. Unless otherwise required by the Grantee, the Subgrantee shall deposit funds received from the Grantee into an interest-bearing account. As part ofmontWyreporting descnbed below, , the Subgrantee shall track and remit interest earned on deposits to the Grantee for return to the U.S. Treasury.. 'd. For the purposes ofthe project, the Subgrantee's montWy financial transactions shall close on the 25th calendar day or the first business day thereafter. On the 1 st of the following month or the first business day thereafter, the Subgrantee shall submit to the Grantee a montWy financial report reconciling funds received from the Grantee and expended during the reporting period and cash on hand remaining at the end of the reporting period. The report shall include a journal voucher prescribed by the Grantee distributing the total expenditures by category to the individual accounts established by the Grantee to separate the various uses of the funds. The reconciliation shall be accompanied by copies of supporting documentation, in form and content satisfactory to the Grantee, such as: time and payroll summaries for staff salaries and benefits; vouchers, mileage logs or other records ofreimbursements made to volunteers; and vendor invoices, payment vouchers or other records for payments related to client assistance. MontWy financial reports shall be submitted to the HUD Community Resources Division, 215 Church Avenue, SW, Room 305 North, Roanoke, VA 24011. e. Prior to disbursing the second and subsequent advances to the Subgrantee, the Grantee shall review the reconciliation and supporting documentation received from the Subgrantee to verify that all expenditures from the previous advance have been for allowable costs. The Subgrantee shall repay to the Grantee any funds that are found on review to have been expended for unallowable costs. No advance shall be disbursed while repayment from the Subgrantee of any disallowed costs remains pending. No further advance shall be made without proper receipt of the reconciliation and supporting documentation from the ' Subgrantee. f The Subgrantee shall act with due diligence to minimize the cash on hand at the end ofeach reporting period. In the event of a build-up of cash on hand, the Grantee may, in consultation with the Subgrantee, reduce or temporarily suspend draws from the U.S. Treasury or take such other actions as may be warranted to restore cash on hand to a level acceptable under the federal rules. g. A final draw from the U.S. Treasury by the Grantee is anticipated on June 25,2012. The Subgrantee shall ensure that payments for all expenditures under this Agreement are made on or before July 22,2012. Any funds disbursed to the Subgrantee and not expended by July 22, 2012, shall be returned to the Grantee in accordance with Sections 8, 9 and 28 below. 4. RECORDS REQUIREMENTS a. Records to be maintained - At a minimum, the Subgrantee shall maintain financial and project records complying with the requirements set forth in the HPRP Notice, as applicable. P~lJP h nf?':\ P~lJP"l b. Period of record retention - The Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period offour (4) years or the conclusion of any legal or administrative process requiring their use, whichever is later. c. Access to records - The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of24 CFR 84.53. d. Confidentiality - The Subgrantee shall ensure the confidentiality of records pertaining to any individual provided with assistance; and that the address or location of any assisted housing will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the Grantee. 5. REPORTING REQUIREMENTS a. Federal Reporting Requirements (1) HMIS Reports - The Subgrantee shall submit HMIS Reports to the Grantee which should include client-level data, such as the number of persons served and their demographic information. Such reports shall comply with the requirements set forth in the revised 2009 HMIS Data and Technical Standards Notice. (2) Performance Reports - The Subgrantee shall submit to the Grantee the following reports in a format acceptable to the Grantee's Department of Planning, Building and Development: (a) Initial Report - The initial report shall cover the period between the date specified in Section 1.h. ofthis agreement and September 25,2009. The report shall be cumulative and include the amount expended for each of the four eligible activities referred to in Section 1.f of the agreement, including the estimated number of unduplicated individuals and families served and the estimated number of new jobs created and jobs retained. The report sha11be submitted to the Grantee no later than October 1,2009. (b) Monthly Performance Reports - The monthly report shall include at least the minimum requirements specified in paragraph a.(2)(a) ofthis section, and shall also include challenges to effective program operation and other data items. The 25th ofthe month shall be the cut-off for data to be included in the report, which shall be submitted to the Grantee by the 15t ofthefollowing month, or the next business day thereafter. (c) Annual Performance Reports - The annual performance report shall include at least the minimum requirements specified in paragraphs a.(2)( a) and a.(2)(b) of this section, and shall also include outcomes related to housing stability. The reports shall be submitted to the Grantee within 45 days after the end of the federal fiscal year, with the first annual report being due on November 14,2010. b. Local Reporting Requirements -- The Subgrantee agrees to submit any other reports or P:WP' 7 nf?i P:H7P''' documentation as requested by the Grantee concerning activities covered under this agreement. 6. MONITORING The Subgrantee shall monitor the progress ofthe project covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Planning, Building and Development. In addition, during the period of this Agreement, the Grantee shall monitor the Subgrantee's performance and financial and programmatic compliance as part of disbursement processing and other desk reviews, on-site reviews and/or other means, as appropriate. 7. ANNUAL AUDIT a. Local Audit Po licy - Pursuant to City Council policy adopted under Resolution No.3 7281- 010306, nonprofit entities existing for at least two years and with an annual budget exceeding $50,000 are required to perform an annual independent audit. As such, the Subgrantee is subject to this audit requirement. b. Federal Audit Requirements and Limitations - Entities expending more than $500,000 in federal funding in a fiscal year are required to undergo an annual independent audit of the expenditures under this Agreement complying with the provisions offederal OMB Circular A-133. (1) For Subgrantees that meet' this minimum expenditure threshold and are required to conduct the A-133 audit, the increase in the Subgrantee's audit costs attributable to this requirement are allowable administrative costs under this Agreement. Submission ofthe independent audit required for federal purposes satisfies both the Council and federal requirements. (2) For Subgrantees that do not meet this minimum expenditure threshold and are not required to conduct the A-133 audit, the increase in the Subgrantee's audit costs attributable to the local audit policy are not allowable costs under this Agreement. However, an independent audit to comply the local audit policy must be completed and submitted. c. Audit Submission - The Subgrantee shall submit a copy ofthe independent audit required for local and/or federal purposes within the timeframes provided by federal OMB Circular A-133. The copy of the audit shall be submitted to the HUD Community Resources Division, 215 Church Avenue SW, Roanoke, VA 24011. 8. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use ofHPRP funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is expected. 9. REVERSION OF ASSETS P:lO'P R of?':\ P:HJP'; Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any HPRP funds or Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use ofHPRP funds. 10. SUSPENSION AND TERMINATION .In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. No payment will be made for expenses incurred after Subgrantee's receipt ofnotice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 11. COMPLIANCE WITH FEDERAL REGULATIONS The Subgrantee agrees to abide by the HUD conditions for HPRP programs as set forth in the HPRP Notice and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations ofthe contractor by agreement. 12. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. 13. OTHER PROGRAM/PROJECT REQUIREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions ofthe HPRP Notice, in accordance with the type ofproject assisted. Such other requirements includ~, but are not necessarily limited to, the following. a. Conflicts of Interest -- In accordance with 24 CFR 85.36(b)(3) and 84.42, no covered individual who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. b. Environmental standards -- The activities under this Agreement are categorically excluded from the requirements ofthe National Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to environmental review under the related laws and authorities. c. Affirmatively Furthering Fair Housing -- In accordance with requirements and standards set forth in section 808(e)(5) of the Fair Housing Act, the Subgrantee shall have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. P:'lI1P Q of?i P:'lI1P" d. Lead- Based Paint Requirements -- All activities under this Agreement shall be conducted in a manner consistent with HUD lead-based paint guidelines and requirements in 24 CFR 570.608. e. Uniform Administrative Requirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 84, and all applicable HPRP and other federal regulations pertaining to the activities performed under this Agreement. f. Equal Participation of Religious Organizations -- The Subgrantee agrees that no funds provided under this Agreement shall be used to support any inherently religious activities such as worship, religious instruction, or prose1ytization - the act of attempting to convert people to another opinion and, particularly, another religion. 14. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation ofthe Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions ofthis nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 15. DRUG-FREE WORKPLACE The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifYing employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifYing the actions that will be taken against employees for violations of such prohibition; and (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 16. FAITH-BASED ORGANIZATIONS Pursuant to ~ 2.2-4343.1 ofthe Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. P~lJP 10 nf?':\ P~lJP" 17. COMPLIANCE WITH IMMIGRATION LAW Pursuant to S 2.2-4311.1 ofthe Code of Virginia, the Subgrantee does not, and shall not during the performance of this Agreement in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 18. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 19. INDEMNIFICATION The Subgrantee agrees and binds itse1fand its successors'and assigns to indemnifY, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers orrepresentatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. , 20. INSURANCE REQUIREMENTS The Subgrantee shall maintain the insurance coverages set forth in Attachment B to this Agreement and provide the proof of such insurance coverage as called for in said Attachment. Such insurance coverage shall be approved by the Grantee's Risk Manager, maintained during the life of the Agreement and shall be effective prior to the beginning of any work or other performance by the Subgrantee under this Agreement. Additional insured endorsements, if required, must be received by the Grantee within 30 days ofthe execution ofthis Agreement or as otherwise required by the Grantee's Risk Manager. 21. INDEPENDENT PARTIES The relationship between the Sub grantee and the Grantee is not intended in any way to create a legal agency or employment relationship. Both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. The Subgrantee shall be responsible for causing all required insurance, workers' compensation and unemployment insurance to be provided for all of the Subgrantee's employees and subcontractors. The Subgrantee shall be P~I1P 11 of?,':\ P~I1P" responsible for all actions of the Subgrantee, its employees, agents and any ofthe Subgrantee's subcontractors, and that they are properly licensed. 22. SUCCESSORS This Agreement shall be binding upon each ofthe parties, and their assigns, purchasers, trustees, and successors. 23. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 24. AMENDMENTS ,The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 25. GOVERNING LAW This Agreement shall be governed by laws ofthe Commonwealth of Virginia. 26. AVAILABILITY OF FUNDS HPRP funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion ofthe Grantee, this Agreement may be terminated in whole or in part. 27. ANTI-LOBBYING To the best ofthe Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf 0 fit, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, c:ontinuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 28. NOTICE: P:lP'~ 1? ()f?i P:lP'~" Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses below. To the Grantee: Darlene L. Burcham, City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 A copy of all such notices shall be provided to the Grantee's Project Manager: Sherman Pennix, HUD Community Resources Division, 215 Church Avenue, SW, Room 305 North, Roanoke, VA 24011. To the Subgrantee: Pamela Kestner-Chappelear, President Council of Community Services 502 Campbell Avenue, SW Roanoke, Virginia 24016 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof P:wp J'1 nf?'1 P:l17P.~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By W. Lee Wilhelm, Secretary of the Board By Pamela Kestner-Chappelear, President APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Dept. ofPta:nning, Building and Development Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Accounts#35-R09-0942-5558 ($38,300.00) 35-R09-0942-5559 ($75:000.00) 35-R09-0942-5560 ($300,000.00) 35-R09-0942-5561 ($200,000.00) 35-R09-0942-5562 ($100,000.00) 35-R09-0942-5563 ($52,717.00) P'HJ'P 14 (If?~ P"l1P" Attachments Attachment A - Beneficiary Demographics Report Attachment B - Insurance Requirements Attachment C - Income Eligibility Guidelines Attachment D - Rent Reasonableness Checklist and Certification Attachment E- Job Descriptions Attachment F - Habitability Standards P::l(TP 1" "f?':\ P::l(TP" Attachment A Beneficiary Demographics Report Accompanying the monthly narrative report, the Subgrantee shall report the demographics of persons served in the format provided below. DIRECT BENEFICIARY REPORT Program / Activity Name Reporting Period 1 Counts by: -1L Households or - Persons? 2 Number of New Participants this Period (if applicable): CUMULATIVE TOTAL PARTICIPANTS (Unduplicated) 3 BENEFITING FROM ACTIVITY: (Beginning 07/01/09 - Ending 06/30/10) INFORMATION BELOW IS BASED ON THE CUMULATIVE TOTAL PARTICIPANTS BENEFITING FROM ACTIVITY 4 RACIAL INFORMATION # TOTAL # HISPANIC White: Black/African American: Asian: American Indian / Alaskan Native: Native Hawaiian / Other Pacific Islander: American Indian / Alaskan Native & White: Asian & White: Black/African American & White: Am. Indian/Alaskan Native & Black/African Am.: Other Multi-Racial: TOTAL: 5 # - FEMALE HEAD OF HOUSEHOLD: 6 INCOME INFORMATION (cumulative to date) # TOTAL < 80% of Median (Low Income Limit) na < 50% of Median (Very Low Income) na < 30% of Median na TOTAL: na Prepared by: Date Prepared: Revised 07/22/2005 Page 16 of23 Pages Attachment B City of Roanoke Subrecipient Insurance Requirements Your attention is directed to the insurance requirements below. Particular attention should be given to Best's , Guide rating requirement listed below. Please consult your insurance carrier(s) or broker(s) regarding the insurance as prescribed and provided herein. Failure to comply with and maintain insurance requirements may result in the interruption, suspension or termination of the activities under this Agreement. Type of Insurance Coverage General Liability Auto Liability Workers' Compensation Required by contract? Yes Yes Yes Workers' $1,000,000 $250,000 Compensation to Minimum Limits of Coverage Combined Single Combined Single Statutory Limits; Limit Per Limit Per $100/500/1 00 Occurrence Accident Employers' Liability Limit Minimum Best's Guide Rating A-VII; must be A-VII; must be A-VII; must be an 1 Other Requirements an admitted an admitted admitted insurer msurer msurer Additional Insured Yes N/A N/A Endorsement Required? Waiver of Subrogation? Yes N/A Yes Comments None Any insurance certificates evidencing coverage for which an additional insured endorsement is required must contain substantially the following language, "The City of Roanoke, its officers, agents, employees and volunteers are added as additional insureds." Additional insured coverage must be primary and the city's insurance program must be non-contributory. Pllo-P, 17 nf,)i Pllo-P" Attachment C Income Eligibility Guidelines 50% of Median Income Family/Household Size Maximum Annualized Gross Income 1 person $21,650 2 persons ' $24,750 3 persons $27,850 4 persons $30,950 5 persons ' $33,450 6 persons $35,900 7 persons $38,400 8 or more persons $40,850 P",o-p 1 R {)f?~ P",o-p<: Attachment D RENT REASONABLENESS CHECKLIST AND CERTIFICATION Proposed Unit UNIT #1 UNIT #2 UNIT #3 ADDRESS NUMBER OF BEDROOMS SQUARE FEET TYPE OF UNIT/CONSTRUCTION HOUSING CONDITION ) LOCATION/AcCESSIBILITY I AMENITIES UNIT: SITE: NEIGHBORHOOD: AGE IN YEARS UTILITIES (TYPE) UNIT RENT UTILITY ALLOWANCE GROSS RENT HANDICAP ACCESSIBLE? CERTIFICATION: A. COMPLIANCE WITH PAYMENT STANDARD PROPOSED CONTRACT RENT + UTILITY ALLOWANCE = PROPOSED GROSS RENT ApPROVED RENT DOES NOT EXCEED APPLICABLE PAYMENT STANDARD OF $ B. RENT REASONABLENESS Based upon a comparison with rents for comparable units, I have determined that the proposed rent for the unit []is[ ] is not reasonable. 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'" ." . '" '" 0." " '" ~ ~, " i'1- " /!l ;g .....s ~S' '" 0. o _, 0'< 8 -, -go ~~ '*'~ 30. " S' ~.Sl sc-::; " g >< :E a. 5" g ~ " " 5' 5' 5'5 " g, n= " 0 S i;l S 5' "'''' e. ::<:I ~&'i ==2! o ... " " .. " ;. en ..... "ll ,,- '" .. 0:: " '" ... - " " C"l .. a .. .. n == D .. ~ ::! P ~ ~ CI> ~ o Z I:' t%l rn C"l :>:l :;; .., S 2 Attachment F Habitability Standards for HPRP Organizations providing rental assistance with HPRP funds will be required to conduct initial and any appropriate follow,..up inspections of housing units into which a program participant will be moving. Following are the habitability standards that grantees must follow: (a) State and local requirements. Each grantee or subgrantee under this Notice must ensure that housing occupied by a family or individual receiving HPRP assistance is in compliance with all applicable state and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation ofthe housing or services. (b) Habitability standards. Except for less stringent variations as are proposed by the grantee or subgrantee and approved by HUD, housing occupied by a family or individual receiving HPRP assistance must meet the following minimum requirements: (1) Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire. (3) Space and security. Each resident must be afforded adequate space and security for themselves and their belongings. Each resident must be. provided an acceptable place to sleep. (4) Interior air quality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (5) Water supply. The water supply must be free from contamination. (6) Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The housing must have adequate heating and/or cooling facilities in proper operating condition. (8) Illumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. P"up 77 "f71 P"op" (9) Food preparation and refuse disposal. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. , / (10) Sanitary condition. The housing and any equipment must be maintained in sanitary condition. (11) Fire safety. (i) Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. P",l1P ?1 of?1 P",l1P,,", 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 23, 2009 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 38604-092109 amending and reordaining Section 14.1-3, Littering, Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council, of the City of Roanoke at a regular meeting held on Monday, September 21, 2009, and is in full force and effect upon its passage. Sincerely, ~ Qr" ~<h0 Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, PE, Director of Public Works Mark D. Jamison, P. E., PTOE, Manager, Transportation Division Frank (Skip) Decker, III, Solid Waste Manager Cecelia R. Webb, Assistant Deputy City Clerk L:\CLERK\DATA\CKSMl \Agenda Correspondence\September 21, 2009\September 21 correspondence. doc :,'\ ~~ <\\ ' " v\ ~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38604-092109. / AN ORDINANCE amending and reordaining Section 14.1-3, Littering, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1-3. Littering. * * * (g) Upon the failure, neglect or refusal of the owner or occupant upon whom notice has been served pursuant to subsection 14.1-3(f) of the City Code to comply with such order, the city manager may have the removal performed by city personnel or a private contractor. The city manager shall keep an account of the cost for such removal and shall bill the owner or occupant responsible for placing the solid waste within the right-of-way plus an administrative processing fee of one hundred dollars ($100.00) in addition to the actual cost and fees incurred in the removal and disposal of such solid waste. Such administrative processing fee, however, shall not be added to the cost of removal of loose leaves that are deposited in the right-of-way by citizens before December 31, 2009. If such bill is not paid within thirty (30) days, legal action may be instituted for its collection. Prosecution for failure, neglect or refusal of such person to/remove such solid waste shall not be barred by the city proceeding to have the work done in accordance with this section. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: frHJ~ hi. rnoow City Clerk '~ O-Amending Section 14.1-3 Leaf Collection. doc 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Leaf Collection Background: At its meeting on September 8, 2009, City Council amended Chapter 14.1, Solid Waste Management, of the City Code to require that all leaves collected by citizens for removal and disposal by the City must be placed in either an automated collection container or plastic bags or recyclable paper bags which are secured against spillage; that such bagged leaves will be removed by the City during leaf season; and that the number of bags to be removed by the City and the duration of leaf season shall be determined by the City Manager. City Code Section 14.1-3(g) includes an administrative processing fee that is charged by the City when owners or occupants, upon whom notice has been properly served, fail to comply with removal of solid waste from the right-of- way, necessitating removal by city personnel or a private contractor. This fee is assessed in addition to the cost of the removal of the waste if it has to be effected by the City. At its September 8, 2009 work session, City Council indicated its desire to suspend this $100 administrative processing fee during the 2009 leaf season, with regard to loose leaves that are improperly deposited in City rights-of-way, given the newness of the elimination of the loose leaf removal program and the implementation of the administration fee with respect to loose leaves that are improperly deposited in the right-of-way. Honorable Mayor and Members of City Council September 21 , 2009 Pag e 2 Although the $100 administration fee will be suspended during the 2009 leaf season, the cost of the loose leaf removal would still be charged to an owner or occupant who has been given notice and a minimum of 72 hours to remove the loose leaves. Recommended Action: Amend Chapter 14.1-3(g), Solid Waste Management, of the City Code to suspend the $100 administrative processing fee for removal of loose leaves that owners or occupants fail to remove from the right-of-way following proper notification before December 31, 2009. Respectfully submitted, Darlene L. Burcham City Manager DLB/ c: Stephanie M., Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager Frank (Skip) Decker III, Solid Waste Manager \ CM09-OO 164 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38605-092109. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. BE IT RESOLVED by the City Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who is a military " reservist/national guard and who, between October 1,2009, and September 30,2010, is called to and serves in active duty related to our country's war on terrorism or natural disasters, subsequent to that employee's employment with the City, a supplement equal to the difference between that employee's regular City salary and military base pay plus any other compensation received for military 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. 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 same manner as if such employee had remained in service with the City. 3. For each such employee who returns to service with the City within ninety (90) 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: ~h1.mo~ , City Clerk ,Y '--' K:\Tim\measures\R-military leave pay.doc 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers 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, 2009, and benefited three City employees called from reserves/national guard to active duty. As a result of City Council's action, these employees received a total of $21,134.86 in supplemental pay during the federal fiscal year October 1, 2008 thru September 30, 2009. There are thirty-nine 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, 2009 and September 30, 2010 the difference between their military base pay (including any other related compensation received from the military) and pay from the City of Roanoke 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 , Honorable Mayor and Members of City Council September 21, 2009 Page 2 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. Burcham City Manager DLB:jsc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Keli M. Greer, Director of Human Resources '\ I., ~,. . : I CM09~00 1 67 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38606-092109. AN ORDINANCE to transfer funding from the GRTC Trolley Match and Police Building Phase II projects; and the Capital Improvement Reserve account to the Stormwater Utility Consultant Fee project and the Capital Improvement Reserve account, amending and reordaining certain sections of the 2009-2010 Capital Projects 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 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Appropriated from 2004B Bond Funds Appropriated from General Revenue Contingency Series 2004B Bonds Capital Improvement Reserve - Public Buildings Appropriated from General Revenue 08-300-9717 -9003 08-530-9567 -9003 08-530-9567 -9169 08-"530-9575-9003 08-530-9575-9220 $ (, 50,573) (, 7,866) ( 214,830 ) 7,866 ( 89,427) 08-530-9575-9225 08-530-9704-9003 214,830 140,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Ati1~m."fnb~ , " , 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 7.a.11. September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Reallocation of Funding for Contractual Services and Capital Project Contingency Background: A Request for Proposal (RFP) was issued to secure the services of a consultant for the purposes of developing a Storm Water Utility Fee. The cost of these contracted services and ancillary expenses is expected to be $140,000. Funding to provide the contracted services can be reallocated from residual funding in the amount of $ 50, 5 73 from the GRTC Trolley Match account and $89,427 from Capital Project Contingency. Residual funding in the Police Building - Phase II project account totals $222,696 and is comprised of bond funding of $214,830 and cash funding in the amount of $7,866. This funding can be allocated to Capital Improvement Reserve and will be available for future allocation to eligible projects. Recommended Action: Adopt the accompanying budget ordinance to: . Transfer $140,000 to a new project account, established in the Capital Projects Fund by the Director of Finance, for the Stormwater Utility Fee. Funding sources include $50,573 from the GRTC Trolley Match account and $89,427 from Capital Project Contingency. Honorable Mayor and Members of City Council September 21, 2009 Page 2 . Transfer $214,830 of' 2004B bond funding to an account to be established for Series 2004B Bonds - Capital Improvement Reserve - Public Buildings from the Police Building Phase II account. . Transfer $ 7 ,866 of General Revenue (cash funding) to the Capital Project Contingency from the Police Building Phase II account. Respectfully submitted, Darlene L. Burcham City Manager DLB:acm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget' CM09-00165 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 23, 2009 Joseph H. Maroon, Director Virginia Soil and Water Conservation of Department of Conservation and Recreation 203 Governor Street, Suite 302 Richmond, Virginia 23219 Dear Mr. Maroon: I am enclosing copy of Resolution No. 38607-092109 endorsing and supporting the comments made by City staff to the Virginia Soil and Water Conservation Board of the Department of Conservation and Recreation with regard to proposed amendments to Virginia's Storm water Management Regulations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 21, 2009. Sincerely, ~Yln,~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager' Robert K. Bengtson, PE, Director of Public Works Thomas N. Carr, III, Director, Planning, Building and Development L:\CLERK\DATA\CKSM1 \Agenda Correspondence\September 21, 2009\September 21 correspondence. doc ~~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38607-092109. A RESOLUTION endorsing and supporting the comments made by City staff t6 the Virginia Soil and Water Conservation Board of the Department of Conservation and Recreation (DCR) with, regard to proposed amendments to Virginia's Stormwater Management Regulations. WHEREAS, the Board has proposed certain amendments to the State's Stormwater Management Regulations, 4 V AC 50-60, which could adversely impact the City and similar localities; WHEREAS, the Board has sought public input on the proposed amendments, and City staffhas provided the Board extensive comments by letters dated August 21, 2009, and September 16, 2009, which have been provided to Council by letter from the City Manager dated September 21,2009; and WHEREAS, Council agrees and concurs with the comments of City staff, believing that th~ proposed amendments would adversely impact the City and its efforts to manage stormwater, and . wishes to express its support for such comments. ) THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council hereby endorses and supports City staffs comments on the proposed amendments to the Virginia Stormwater Management Regulations, as set out in letters to the Board dated August 21,2009, and September 16, ~009. 2. The City Clerk is hereby directed to forward a certified copy of this Resolution to the Soil and Water Conservation Board of the Virginia Department of Conservation and Recreation. ATTEST: ~.~ City Clerk. K:\Measures\stormwarter managerment 2009.doc 7.a.12. 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Proposed Changes to Virginia's Stormwater Management Regulations Background: On June 22, 2009, the Virginia Soil and Water Conservation Board published proposed regulations amending the Virginia Stormwater Management Program (VSMP) Permit Regulations to address water quality and quantity and local stormwater management program criteria, including implementation of a statewide permit fee on land development activities. The state conducted a series of public hearings and accepted written comments on the proposed amendments to the VSMP. By letter dated August 21, 2009, City staff submitted comments recommending changes to the proposed amendments and requested that the state retain the existing VSMP regulations in areas outside of the Chesapeake Bay watershed. On September 2, 2009, the Soil and Water Conservation Board published the agenda for its September 17, 2009, meeting that includes a discussion of additional changes to the proposed VSMP to address public comments, such as those submitted by City staff, to the proposed regulations and providing an opportunity for public comment on the proposed revisions. ' Honorable Mayor and Members of City Council September 21, 2009 Page 2 Considerations: On October 1, 2,007 the City Council adopted a new Chapter 11.4, Stormwater Management, of the Code of the City to address quantity of runoff while adding new requirements for water quality for stormwater discharges as required by State regulations (VSMP) and to protect and improve the water quality in the Roanoke River and its tributaries. This ordinance was prepared in collaboration with a stakeholder committee that included the Roanoke Regional Homebuilders Association and an identical ordinance was adopted by Roanoke County. The proposed amended VSMP includes provisions that staff believes would be unnecessary and counterproductive to the goals of improved water quality; that would inhibit the redevelopment of urban areas; and that would create a system of statewide permit fees that would be insufficient to fund the operation of the local stormwater management program. A detailed letter dated September 16, 2009, explaining these concerns and repeating the request to maintain the current VSMP regulations in areas outside of the Chesapeake Bay watershed is attached. These additional comments were presented to the Soil and Water Conservation Board at its September 17, 2009 meeting. If City Council adopts a resolution supporting the expression of these concerns and recommendations, such resolution will be forwarded to the Board for its consideration prior to its scheduled action on the proposed regulations on October 6, 2009. Recommended Action: Adopt the attached resolution endorsing the comments contained in the attached letter dated September 16, 2009, regarding proposed changes to Virginia's Stormwater Management Program. Respectfully sub Darlene L. Bur; City Manager Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Robert K. Bengtson, Director of Public Works Thomas N. Carr, III, Director of Planning, Building and Development CM09-00 1 71 h,) September 16, 2009 Mr. Joseph Maroon Director Virginia Department of Conservation and Recreation" 203 Governor's Street " Richmond, Virginia 23219 : ~ . , Re: Proposed Amendments to Virginia's Storm~ater Management Regulations Dear Mr. Maroon: The City of Roanoke appreciates the DepartfTIerit of Conservation and Recreation's attention to the comments that the Cifymacie on the proposed amendments to the Virginia's Stormwater Management Regulatidrisi[4:V AC 50- 60]. The latest proposal to be discussed at the September 17, 2007 ,SOil ,and Water Conservation Board meeting is responsive to several of the City's comIl).ents;' but there are still several areas of the proposed amendments that we believe are imlppropriate. Our continued concerns are listed in the bullet points below and explained ill~gre~ter,detail in the paragraphs following the bold headers. '?;!;'c.",;.;:\ ,:n · The proposed changes still do not coordiiiate'with other water quality requirements being placed on MS4 commmiities. · The continued imposition of a 20% reduction in phosphorous on sites of an acre or larger will inhibit redevelomnen~.,qfurban areas. · The proposed fee system with its required 28% kickback to the state and increased MS4 fees is insufficient to fund a local stormwater program. The proposed changes do not coordinate with other,MS4 requirements. ,.;' ,'L, ':'.~il{'u.l\: Roanoke is an MS4 community, and th~ Ci(Mjil;i~lieves the proposed regulation is irrationally concentrating on reduction of phosphofl;lS,lpq,clings. The proposal continues to disregard the MS4's obligation to address T:,t0Dlt,pfliQr:ity pollutants under Section I of their permit, as well as the MS4' s requirementto ll!~_e,t;th;e!'9ther minimum control measures under Section II of the permit. Furtijerm0t~;~j,nn~"oanoke the TMDL priority pollutants are organic or biological agents, and due to,:their inherent chemical and physical characteristics, are subject to much di,fferel1teIlvironmental fate and transport processes than inorganic nutrients such as phosphoR.t'~" ,.which remains the focus of the proposed regulations. :(1: if:; I , The regulations will inhibit redevelopment.;; Roanoke is a developed community wilJ1 Y;~Xy{Fp1ited opportuni~y for green field development. Both economic and residential growth largely results from the redevelopment of existing, often highly impep.{:ioB-~~!~il~~ that are frequently brownfields. ,,"'.. ..^'...."~l~...',1."'t~...;. _ ) The proposal to require the use of various BestMa1fa,~~p;1ent Practices (BMPs) to reduce :,.;~ \,.1 1 t?,':':-'I :",t;'~"i.;<' i:i.i i~. ': ,/~~ ::, ?~~~ {;:.;_-~:.~ ~~rFi~;{';\n~;~;j\ (~;,r , ,~, ~::<,:-:;' ~">~"~ i\-,' : phosphorus, while completely ignoring significant 'f,MRt~pollutants, (sediment, bacteria and soon PCBs) is at best an inefficient approach to,;\ya.#~rq'uality. Increasing the required phosphorus discharge reduction from' 10%\'6 200/0 for sites of an acre or greater, and the method of calculating pre development and :cbpdltions (conditions at the time of an application), will be a great and potentially'devasf~ting disincentive to revitalization of our urban core. We continue to recommend retentidi{~tthe current 10% reduction standard. The state's own analysis indicates th~t th'~..CR~t of achieving the additional nutrient reduction will be very high, and as such W9:,i~4:iender redevelopment projects infeasible. The physical limitations of higher (lensiiy\irbanized sites also render the technical application of these regulations imp~~c~~t;~R\t~~se changes are contrary to recently adopted legislation (House Bill 3202)whose',*<>.al is higher density, compact, sustainable development as opposed to the pattern t.-rf:'c;srtburban sprawl that has been at the root of'declining water quality. 'i' '< t~;,'!iL:;i" For localities such as the City of Roangke, t~d~Velopment of sites that came into existence long before stormwater regulations ~xist~d~l~:;~'liiajor, perhaps the major, focus. The City has expended particularly great effort,s to pt.Qm~te'the redevelopment in core areas of the City, and both the quality and quantity ptqytsions of the proposed rule stand to adversely impact the redevelopment of such prop~,i1ies/ Some core properties are also brownfields, which by definition are already iplpair.~;d,i~nq restoring them to productive reuse is a critical aspect of water quality impro:velIlei1mihfrastructure and tax base preservation, and efficient land use. Finding qllalif1~9:buyers and developers for these sites is already difficult enough, and there shouJd b~;J1Q'additional burdens placed on restoring them to safe and productive reuse. I:},y r:e~~.~~toping sites localities are better able to abate or stabilize contaminated lands, whjle:,elim:inating neighborhood blight, and suburban sprawl, all of which adversely impa~f~a1~r'JcI.~~lity. r: ':< ;.~;f:,~-;:\,\~~J;{'~'~ For these reasons, provisions should bema<;L~:ip,.'jtl1e proposed regulations that would provide credits for the positive i'mpactsofredevelopment. Additionally, there should be a site specific review of stormwatertech1?-ical'<.:riteria for previously developed sites that would allow for innovative rather th~ pr~,~g!ip.Ji:Ve BMP design and implementation. These provisions are needed to en~~~'that'both the environmental clean- up and stormwater pollution prevention goals6fth~~~;pt9jects are addressed in a comprehensive and maximally beneficial manper.. if\;{:S[i:':n': ;.;}';:JJ,tt'.,. , We also continue to recommend modificatiqp~Jo ~ection 4V AC50-60210 Definitions, of the proposed amendments. The City:\~~~:concerns over the revised definition of predevelopment, which refers toc,ondA#~)li~ that exist at the time that plans for the land development of a tract of land are'~.:ubrriit.t~,4 to the plan approval authority. Currently, the City allows a 5 year window fo{~re\4$~l~~ppment sites. As an example: if a site originally contained a building and was 60.p~:rc~n!~impervious and the building was demolished and removed 4 years before the sulnri~~~~p!i1i9f the site plan, changing the impervious percentage to 40 percent, then the pre~ci;~y~T9pment condition used in the .' ' '\_. ,.: :'. ~.. ' I calculations may be based on the previous 60:perc~!lt;;,~mpervious area. The reason for this allowance was that we did not want to penaliz~",'f:prQBerty owner for demolishing an 2 'J';?('~; ~ ' " \ .j " .:' :' ,':: -: ~ unsafe/unsightly structure and cleaning up a property;:'1,1he revised definition would " ,L, +"\.":,.: eliminate this option in our design manual and wi!lJ~e';i1t,disincentive for redevelopment. " ~ " t1';:,'':-''\(<: ,:'I? ' The proposed fee system is flawed.:~i:;\h<L ' ; .;;,:~.i':i:,:~.:':},'~ ~>, ~~'-' ,;'J." ; .,..\_"-\ .{r.'~ :; .' The cost of administering these regulafi9ri~,:;,,*i"n::'be high, yet there is no full cost recovery mechanism provided to local govermhep(f)e~#g tasked with implementation. In fact, the regulations require the sharing of 28 p,eiceE:(,o(fe.es collected at the local level with the state. Requirements in the current reg)11ati~n'~ti~~t are not being enforced by DCR (i.e. plan review, permit issuance, etc) are now'B~iIi'g assigned to the localities along with a fee system that is inadequate, arbitrary and requires the City to become a collection agent for the state. Our calculations indicatetpatthe VSMP requirements cannot be managed in our community at full cost n~tdveiy with the fee limits and reverse revenue sharing required by the state. ;' .'\ '.!'; \' ,., '~ . ",' , " The fee system also double charges some pr0'perties. It is understood that the proposed fee schedule [4V AC50-60-820] is written:stlc}1 that new lots of a common plan of development within developments of great~r th:li}',Th!i~cre, but less than 5 acres, will each have to pay $2,700.00 to obtain a VSMP'perrihtii(the'lots are owned/developed by someone other then the developer. This is exce'ssiv~;,~~sentially the same property is being permitted twice, once under the permit for thbh::,b'illmon plan of development, and a second time under the development of the indiyicfu<ifJtot. An overall stormwater management plan is required for the common :pla.W'Qf.;,q~yelopment and an erosion and sediment control plan is required, both to prote~(d9Wii~tr~am waters. What truly is being accomplished by permitting individual lots that aref:p~f;{)Qf. a common development when stormwater management parameters have alre~dy be~t('~ppried to the individual lot? - . ~ The lack of coordination extends to th~area:9~,pre,~cribed fees as well. Section 4V AC50-60-700 is unclear to the City in regards tb,p-o~,the fee can be used. This section states "Sections 10.1-603.4 and 10.1-605 of the Code'iof; Virginia authorize the establishment of a statewide fee schedule for land disturbing activities and for municipal storm sewer systems," yet later in 4V AC50-60-780mtT7Deposit and use of fees - the proposed regulation states that where these fees are,j99U~cted by a qualifying local entity, they "...shall be used solely to carry out the 10,ca1 Pf9~~~tn'S, responsibilities pursuant to Part II and Part III A of this chapter." These secti6nSi~t'e contradictory in that the latter rules out the use of associated revenues for any~,us~I9~her than for the implementation and operations of the local program directed at ens4,fing;,9pP1:pliance with the technical criteria related to land disturbing activities. ,::; ,1{;;::~r'~f". The proposed fee use restriction ignore~ the:lrre,,~?~:lfor funding to support the remaining efforts required of localities for co~plianyy,~~itht.he other aspects of their MS4 permits; i.e. illicit discharge detection an,? elin.#n~tJ,<pn.; public education and involvement, and the permitee's own development:an4,us~ of stormwater BMPs. As such, this provision leaves a significant portion of tlH~;}p.9.f:lJity' s relatively recent (July 2008) compliance obligation without a funding soury.y~JJlft still needing considerable staffing and other resources in order to be botgsucc,e.s~fuland compliant. If the intent of 3 'I.; >,'",l .' ;,; -. ..' ,:~,:;'J, ~.(.;,. the proposed new regulation is to provide a re;y~n,l,l~'s()~rce to offset the cost of implementation of the stormwater program, th~n,'i~i~P.tie needs to be provided for administratively, by incorporating a compreh~nsiy~::t~~,~tructure into the new regulations. C 'f? '";:F:~;~,ir In short, so long as localities agree to Use'rey€rr-6'e,s collected from their " , .1;,".,/; :t:'y....;.>/ ~.,~ '.<,.:':,. stormwater management programs, solely for the.orrgoi~g;operation of those same programs, the state should not mandate how lotaiiti#rtf~'~'cthose same revenues. Such restriytions ignore the obvious resource needs of th~:,()~~~r'very important aspects of locally administering a comprehensive stormvYat'er'W~rt~g'~ment program. The proposed 566% increase in our MS4 Permit Fee (from $600 f~t~.4:~906) also is excessive. Especially when paired with the above noted restrictionsbn ouf'll"si~'Of fees collected from our own administration of the land disturbance provisions. If~p'~rinit fee increase of this magnitude is required, it should be either phased in; or'have no restrictions on what revenue stream the funds come from, or both. · ",;:';,~: , '. c.;/i\\f:; The City of Roanoke appreciates DCR's effoH% Clarify aspects of the stormwater quantity regulations, and to eliminfL~et~e:i~~plication of Chesapeake Bay watershed standards outside of that area. Ho<<i'ev~t;~~~L.I~espectfully continue to encourage the Department to retain the storm~~te,t:.g:v\~Fty regulations that currently apply to areas outside of the Chesapeake Bay WateFsheq'" We also urge the state to consider its approach to stormwater managem~nt nfp~f~",ili()listically, and to develop regulations that coordinate all of the requirem~nts tn;~t{ill:~:applicable to MS4 communities. The proposed regulation does nc{t prd~1r2(~:\f9'ra comprehensive stormwater management program. ,(~ri~;aU'i:' ~:' ~~~r,i;;:::tt(~?" Sincerely, i';:t":\;:"\ , Tom Carr Director of Planning, Building and Development ''1\\'({ 'd; , i~A~~H~I: pc: Darlene Burcham, City Manager &::-;.:i~~fi,~l Brian Townsend, Assistant City Managerf~~::if;;!nf~('L James Grigsby, Assistant City Manager.:, 'i1,i(fft((&L: h., '~,;'f~:-k.q.', Bob Bengtson, Director of Public Works ljl;1;;i,:;;'ri;:, Chris Chittum Planning Administrato~j :';,\k:;~~i;All" ,'.r, ~,,''\~::-'-''~''.:,,:(\r' DanieIle Bishop, Development Review'Coqt;(H#~tpr Christopher Blakeman, EnvironmentaLAdn:f\l1~~tf~t,o,r Virginia Soil and Water Conservation~oarqr;,;;,;}'J ' J . ~.' d', .'".. \-.,. \~~:~\~;{~,:r.:t. 4 ;1;(' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38608-092109. A RESOLUTION accepting additional U. S. Department of Agriculture (USDA) and Natural Resources Conservation Service (NRCS) grant funds in the amount of $80,850 for the replacement of the Wiley Drive Upstream Low Water Bridge Project (Project); authorizing the / City Manager to execute any modifications, amendments, and other documents, and to furnish such additional information as may be required in connection with the City's acceptance of the additional grant funds; providing $100,000 of City funds for this Project; authorizing the City Manager to take such further action and execute such other documents as may be necessary to make such funds available for the Project; and authorizing the City Manager to execute any additional or necessary documents, and to provide information to anyone as may be needed in order to administer such grant funds and to complete the Project. WHEREAS, on April 7, 2008, Council accepted a USDA and NRCS Wildlife Habitat Incentives Program (WHIP) Funds Grant for the above Project, by Resolution No. 38051- 040708, in the amount of $301,350. The City and the NRCS also entered into a Conservation Program Contract in connection with the WHIP funds; WHEREAS, in order to obtain additional funds and assistance for the Project, the City / entered into a Partners for Fish and Wildlife Habitat Restoration and Water Quality Improvement Agreement, dated October 3, 2008, (Partners Agreement) among the City, the U. S. Fish and Wildlife Service (USFWS), and FishAmerica Foundation (FishAmerica), which Partners Agreement provided for additional funds for the Project. The USFWS and FishAmerica had a separate contract that provided for FishAmerica to accept and use funds from USFWS and to provide assistance for the Project; and R-Wiley Drive.doc 1 WHEREAS, after receipt of bid responses for the Project, which were more than the original funding amounts, additional funds were identified, including additional USDNNRCS grant funds in the amount of $80,850, and a $100,000 City contribution, that will provide sufficient funding to complete the Project, all as more fully set forth in the City Manager's September 21,2009, letter to Council. THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City of Roanoke hereby accepts the additional USDA and NRCS grant funds in the amount of $80,850. 2. The City Manager is authorized to take such further action and execute any and all modifications, amendments, and other documents, approved as to form by the City Attorney, and to furnish such additional information as may be required, in connection with the City's acceptance of the additional grant funds in the amount of$80,850, as mentioned above. 3. That the City will provide $100,000 of City funds for this Project and the City Manager is authorized to take such further action and execute such documents as may be necessary, approved as to form by the City Attorney, to make such funds available for the Project, including any needed amendments or modifications to the Partners Agreement referred to above, in order to administer the grant funds and complete the Project. 4. The City Manager is authorized to take further action and exec~te any additional documents with the USDA, NRCS, USFWS, FishAmerica, or other entities that may be necessary, and to provide information to anyone as may be needed, in order to administer such grant funds and to complete the Project. ATTEST: . City Clerk. h1.~ R-Wiley Drive.doc 2 ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38609-092109. AN ORDINANCE to appropriate funding from the United States Department of Agriculture and the Natural Resources Conservation Services and transfer funding from the Roanoke River Flood Reduction project to the Wiley Drive Upstream Low Water Bridge Replacement project, amending and reordaining certain sections of the 2009-2010 Capital Projects 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~ 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from Federal Grant Funds Appropriated from General Revenue Revenues Wiley Drive Bridge Replacement USDAlNRCS 08-51 0-9620-9003 08-530-9520-9002 08-530-9520-9003 $ ( 1 00,000 ) 80,850 100,000 08-530-9520-9520 80,850 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~hJ. ". b00 City Clerl<. . ~ 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 September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ, Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Additional USDA Grant Funds for Wiley Drive Upstream Low Water Bridge Project, Contribution of City Funds and Amendment to Partners Agreement Background: On April 7, 2008, Council accepted a United States Department of Agriculture (USDA) and Natural Resources Conservation Services (NRCS) Wildlife Habitat Incentives Program (WHIP) Funds Grant for the replacement of the Wiley Drive Upstream Low Water Bridge (Project), Resolution No. 38051-040708. The amount of the Grant was $301,350. The City and the NRCS also entered into a Conservation Program Contract in connection with the WHIP funds mentioned above. In order to obtain additional funds and assistance for the Project, the City entered into a Partners for Fish and Wildlife Habitat Restoration and Water Quality Improvement Agreement, dated October 3, 2008, (Partners Agreement) among the City, the U.S. Fish and Wildlife Service (USFWS), and FishAmerica Foundation (FishAmerica). The Partners Agreement provided for additional funds for the Project. The USFWS and FishAmerica had a separate contract that provided for FishAmerica to accept and use funds from USFWS and to provide assistance for the Project. In cooperation with USFWS and others, City staff Honorable Mayor and Members of City Council September 21, 2009 Page 2 developed the plans for the proposed Project. FishAmerica, in cooperation with USFWS, requested competitive bids for the Project, which were received on June 19, 2009. Three bids were received for the Project construction, which bids ranged from $977,000 to $1,400,000. However, FishAmerica and USFWS were able to work with the proposed contractor to arrive at a guaranteed maximum price of $850,000 for the Project. Thereafter, additional funds were sought to fund the Project for the $850,000 amount. The USDA and NRCS has awarded additional grant funds to the City in the amount of $80,850 to support the Project based on restoration of fish passage to this section of the Roanoke River. This brings the total USDA and NRCS grant funds available to the City to $382,200. City Council's acceptance of the additional $80,850 is needed to make such funds available for the Project. USFWS has received additional funds, including stimulus funds under the American Recovery and Reinvestment Act of 2009 to further assist in the Project. The available funds from the USFWS and the additional WHIP Grant funds, along with the original WHIP Grant funds to the City, are approximately $750,000. Therefore, additional local funding in the amount of $100,000 from the City has been requested to reach the amount of $850,000 needed for this Project. City staff recommends that the City provide such local funding for this Project. The funds are available in the Roanoke River Flood Reduction Project (Account No. 08-510-9620). The Partners Agreement mentioned above will also need to be amended to reflect the new funding amounts and other needed revisions to such Agreement. City Council action is needed to approve the additional local funding and any needed amendments to the Partners Agreemerit. Recommendations: Accept the additional USDA and NRCS grant funds in the amount of $80,850. Authorize the City Manager to take such further action and execute any and all modifications, amendments, and other documents, approved as to form by the City Attorney, and to furnish such additional information as may be required, in connection with the City's acceptance of the additional grant funds in the amount of $80,850 as mentioned above. That the City provide $100,000 of City funds for this Project and authorize the City Manager to take such further action and execute such documents as may be necessary, in a form approved by the City Attorney, to make such funds available for the Project, including any needed amendments or modifications to the Partners Agreement referred to above in order to administer the grant funds and complete the Project. -! ~ . ' . ': I. !, t ._ Honorable Mayor and Members of City Council September 21, 2009 Page 3 Authorize the City Manager to take further action and execute any additional or necessary documents with the USDA, NRCS, USFWS, FishAmerica, or other entities that may be necessary, and to provide information to anyone as may be needed, in order to administer such grant funds and to complete the Project. Adopt the accompanying budget ordinance to increase the revenue estimate and appropriate funding for the Wiley Drive Upstream Low Water Bridge Project in the amount of $80,850, and to transfer funding in the amount of $100,000 from the Roanoke River Flood Reduction Project to the Wiley Drive Upstream Low Water Bridge Project.. Respectfully submitted, Darlene L. Burcham City Manager DLB/PCS/lmb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City' Engineer CM09-00 170 ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38610-092109. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs amending and re6rdaining certain sections of the 2009-2010 School 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 2009~201 0 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers Program Coordinator Site Manager Activity Assistants Retiree Health Credit Social Security Retirement Health/Oentallnsurance Group Life Insurance Contracted Services Pupil Transportation Mileage Travel Fares Subsistence & Lodging Evaluation Parental Involvement Inservice Books & Subscriptions GEO Resource Materials Materials & Supplies Testing Fees Instructional Staff Social Security Academic Coach Retiree Health Credit Social Security Virginia Retirement System Group Life Insurance Academic Coach Retiree Health Credit Social Security Virginia Retirement System Group Life Insurance Academic Coach Retiree Health Credit Social Security Virginia Retirement System Group Life Insurance 302-110-1102-0210-1580-61100-41121-3-05 $ 302-110-1102-0210-1580-61100-41124-3-05 302-110-1102-0210-1580-61100-41124-3-05 302-110-1102-0210-1580-61100-41141-3-05 302-110-1102-0210-1580-61100-42200-3-05 302-110-1102-0210-1580-61100-42201-3-05 302-110-1102-0210-1580-61100-42202-3-05 302-110-1102-0210-1580-61100-42204-3-05 302-110-1102-0210-1580-61100-42205-3-05 302-110-1102-0210-1580-61100-43313-3-05 302-110-1102-0210-1580-61100-44420-3-05 . 302-110-1102-0210-1580-61100-45551-3-05 302-110-1102-0210-1580-61100-45552-3-05 302-110-1102-0210-1580-61.100-45553-3-05 302-110-1102-0210-1580-61100-45584-3-05 302-110-1102-0210-1580-61100-45585-3-05 302-110-1102-0210-1580-61100-45587-3-05 302-110-1102-0210-1580-61100-46613-3-05 302-110-1102-0210-1580-61100-46613-9-07 302-110-1102-0210-1580-61100-46614-3-05 302 -170-3000-1160-3150-61100-45584-9-00 302-170-3000-1160-3040-61100-41121-3-03 302-170-3000-1160-3040-61100-42201-3-03 302-110-0000-0280-1330-61100-41124-3-01 302-110-0000-0280-1330-61100-42200-3-01 302-110-0000-0280-1330-61100-42201-3-01 302-110-0000-0280-1330-61100-42202-3-01 302-110-0000-0280-1330-61100-42205-3-01 302-110-0000-0320-1330-61100-41124-2-01 302-110-0000-0320-1330-61100-42200-2-01 302-110-0000-0320-1330-61100-42201-2-01 302-110-0000-0320-1330-61100-42202-2-01 302-110-0000-0320-1330-61100-42205-2-01 302-110-0000-0420-1330-61100-41124-2-01 302-110-0000-0420-1330-61100-42200-2-01 302-110-0000-0420-1330-61100-42201-2-01 302-110-0000-0420-1330-61100-42202-2-01 302-110-0000-0420-1330-61100-42205-2 -01 31,500 10,400 14,400 28,800 112 6,647 1 ,436 1,092 90 38,500 18;000 492 750 2,236 1,000 6,500 6,000 7,500 1,500 7,500 9,132 10,516 804 (953) (29) (73) (131) (21) (953) (29) (73) (131) (21 ) (953) (28) (73) (132) (22) Contracted Services 302-110-0000-0420-1330-61100-43313-2-01 $' 3,000 Instructional Supplies 302-110-0000-0420-1330-61100-46614-2-01 10,000 Capital Equipment 302-110-0000-0420-1330-61100-48821-2-01 (170) Academic Coach 302-110-0000-0430-1330-61100-41124-2-01 (953) Retiree Health Credit 302-110-0000-0430-1330-61100-42200-2-01 (29) Social Security 302-110-0000-0430-1330-61100-42201-2-01 (73) Virginia Retirement System 302-110-0000-0430-1330-61100-42202-2-01 (132) Group Life Insurance 302-110-0000-0430-1330-61100-42205-2-01 (21 ) Supplemental Salary for 302-270-0000-0000-1360-68100-41129-3-00 545 Professional Development (Secondary) Supplemental Salary for 302-270-0000-0000-1360-68100-41129-2-00 945 Professional Development (Elementary) Social Security (Secondary) 302-270-0000-0000-1360-68100-42201-3-00 42 Social Security (Elementary) 302-270-0000-0000-1360-68100-42201-2-00 72 Indirect Costs (Secondary) 302-270-0000-0000-1360-68100-45586-3-00 500 Indirect Costs (Elementary) 302-270-0000-0000-1360-68100-45586-2-00 548 Instructional Supplies 302-270-0000-0000-1360-68100-46614-3-00 751 (Secondary) Instructional Supplies 302-270-0000-0000-1360-68100-46614-2-00 751 (Elementary) Supplemental Salary for 306-270-0000-0000-136S-68100-41129-3-00 951 Professional Development (Secondary) Supplemental Salary for 306-270-0000-0000-136S-68100-41129-2-00 1,000 Professional Oevelopment (Elementary) Social Security (Secondary) 306-270-0000-0000-136S-681 00-42201-3-00 73 Social Security (Elementary) 306-270-0000-0000-136S-681 00-42201-2-00 76 Indirect Costs (Secondary) 306-270-0000-0000-136S-681 00-45586-3-00 1,049 Indirect Costs (Elementary) 306-270-0000-0000-136S-681 00-45586-2-00 1,741 Instructional Supplies 306-270-0000-0000-136S-681 00-46614-3-00 750 (Secondary) Instructional Supplies 306-270-0000-0000-136S-681 00-46614-2-00 750 (Elementary) Revenues Federal Grant Receipts 302-000-0000-0000-1580-00000-38287-0-00 184,455 State Grant Receipts 302-000-0000-0000-3150-00000-32349-0-00 9,132 State Grant Receipts 302-000-0000-0000-3040-00000-32400-0-00 11,320 Federal Grant Receipts 302 -000-0000-0000-133D-00000-380 10-0-00 8,000 Federal Grant Receipts 302-000-0000-0000-136D-00000-38318-0-00 4,154 Federal Grant Receipts . 306-000-0000-0000-136S-00000-38318-0-00 6,390 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.~ City Clerk. September 21, 2009 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on September 8, 2009, the Board respectfully requests City Council approve the following appropriations: New: Breckinridge (Ruffner) Community Learning Center 2009-10 (Grant year 2 of 3) $184,455 Industry Certification and Licensure Testing 2009-10 $ 9,132 Revised: Apprenticeship 2009-10 $ 11,320 Title 1 School Improvement 2009-10 $ 8,000 Title II-D Enhancing Education Through Technology 2009-10 $ 4,154 ARRA - Title II-D Enhancing Education Through Technology 2009-10 $ 6,390 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~~~~ pc: David B. Carson Rita D. Bishop Curtis D. Baker Margaret A. Lindsey William M. Hackworth Ann H. Shawver Yen Ha (with accounting details) Darlene L. Burcham p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info PI~ ~'LI ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance September 21, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Request As the result of official School Board action at its September 8 meeting, the Board respectfully requested that City Council appropriate the following funds: New Grants: Breckinridge (Ruffner) Community Learning Center 2009-10 (G rant year 2 of 3) Industry Certification and Licensure Testing 2009-10 $184,455 $ 9,132 Revised Grants: Apprenticeship 2009-10 Title I School Improvement 2009-10 Title II-D Enhancing Education Through Technology 2009-10 ARRA - Title II-D Enhancing Education Through Technology 2009-10 $11,320 $ 8,000 $ 4,154 $ 6,390 We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, /~V<Y- Ann H. Shawver Director of Finance Honorable Mayor and Members of Council September 21, 2009 Page 2 c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools ~A' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38583-092109. AN ORDI NANCE to appropriate funding to be provided by the Series 2010 Bonds to the Roanoke River Flood Reduction, Parks and Recreation Master Plan, Elmwood Park Amphitheater, Bridge Renovation, and Curb, Gutter and Sidewalk projects, amending and reordaining certain sections of the 2009-2010 Capital Projects and Amphitheater Funds Appropriations and adding a certain section to such Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Capital Projects and Amphitheater Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Capital Proiects Fund Appropriations Roanoke River Flood Reduction Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Demolition of National Guard Armory Curb, Gutter, Sidewalk FY10 Melrose Avenue Bridge over Peters Creek Road Ninth Street SE Bridge over Roanoke River Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Rivers Edge Park Restroom Huff Lane Park Restrooms/Picnic Shelter Fishburn Park Restrooms/Picnic Shelter 08-510-9527 -9327 08-51 0-9620-9302 08-530-9522-9302 08-530-9524-9302 08-530-9525-9302 08-530-9526-9323 08-530-9526-9324 08-530-9526-9325 08-530-9526-9626 08-530-9791-9302 08-620-9113-9302 08-620-9114-9302 08-620-9115-9302 08-620-9116-9302 08-620-9117-9302. 08-620-9702-9317 08-620-9702-9318 08-620-9702-9319 $ (1,455,000) 1,455,000 350,000 400,000 650,000 ( 350,000) (1,000,000) ( 400,000) ( 650,000) 1,000,000 132,600 243,400 312,600 41 ,400 60,000 ( 132,600) ( 243,400) ( 312,600) Rivers Edge Park Athletic Field Irrigation Upgrades Park Paving Projects AmDhitheater Fund Appropriations Appropriated from 2010 Bond Funds Elmwood Park Amphitheater 08-620-9702-9320 08-620-9702-9321 ( 41 ,400) ( 60,000) 11-530-9118-9302 11-530-9528-9322 1,200,000 (1,200,000) ATTEST: 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 September 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Authorization of Bond Issuance and Appropriation of Funds for Capital Projects Background: On July 20, 2009, City Council approved the Capital Improvement Program (CIP) Update for FY 2010-2014 and, subsequently, amended the update on August 3, 2009. The CIP includes planned bond issuance in FY 2010 in the amount of $13,945,000 for the following projects: · Roanoke River Flood Reduction - $1.455.000 To provide for the local share of project costs for the Roanoke River Flood Reduction project. . Parks and Recreation Master Plan - $6.740.000 To provide for demolition of the National Guard Armory and priority Parks and Recreation Master Plan projects. . Elmwood Park Amphitheater - $1,200.000 To provide for architectural engineering and design of the proposed amphitheater at Elmwood Park. · Bridge Repair/Renovation - $1.050.000 To provide for renovation and repair of the Melrose Avenue over Peters Creek Road and 9th Street, SE over Roanoke River bridge structures. . Curb, Gutter, Sidewalks - $1.000,000 To provide for prioritized curb, gutter and sidewalk projects. Honorable Mayor and Members of City Council September 8, 2009 Page 2 . School Roof Repair/Replacement - $2.500,000 To provide for repair and replacement of roofs at prioritized school buildings. Considerations: City Council authorization is required for the issuance of bonds to provide for the previously identified projects. Recommended Action: Hold a public hearing at Council's regular 2:00 p.m. meeting on September 8, 2009 on the issuance of general obligation public improvement bonds. Following the public hearing, adopt the accompanying resolution authorizing the issuance of bonds in the amount of $13,945,000 for the projects previously referenced. This resolution shall include language declaring the City's intent to reimburse itself from the proceeds of these bonds. Adopt the accompanying budget ordinance to appropriate, in advance of issuance, $ 5,845,000 of Series 2010 bond funding to the specified project accounts outlined below. Appropriation of the funding for School Roof projects is also anticipated to occur in advance of issuance. This will be recommended to City Council following action by the Roanoke School Board to identify the projects to receive FY 2010 bond funding. . Roanoke River Flood Reduction - $1,455,000 . Demolition of National Guard Armory - $350,000 . Park Improvements - $790,000 - Rivers Edge Restroom - $132,600 - Huff Lane Park Restroom/Picnic Shelter - $243,400 - Fishburn Park Restroom/Picnic Shelter - $312,600 - Rivers Edge Park Athletic Field Irrigation Upgrades - $41,400 - Highland Park Paving - $60,000 . Bridge Repair/Renovation - $1,050,000 - Melrose Avenue Over Peters Creek Road Bridge - $400,000 - Ninth Street SE Over Roanoke River Bridge - $650,000 . Curb, Gutter, Sidewalk Improvements (Phase 7) - $1,000,000 . Elmwood Park Amphitheater - $1,200,000 V Darlene L. Bu cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget CM09-00157 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City' Clerk September 23,2009 Ms. Vickie H. Bibee 3465 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Ms. Bibee: I am enclosing copy of Resolution No. 38611-092109 reappointing you as a Director of the Board of Directors, Economic Development Authority of the City of Roanoke, for a term offouryears commencing October 21,2009, and expiring October 20, 2013. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk ofthe Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. 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 reappointment and each member is required "to read and become familiar with provisions of the Act." Ms. Vickie H. Bibee September 23,2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue you r service to the City of Roanoke as a Director of the Economic Development Authority of the City of Roanoke. Sincerely, ~m.~tvv Stephanie M. Moon, CMC City Clerk Enclosu res pc: Harwell M. Darby,Jr., Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 Lindsay C. Hurt, Economic Development Specialist ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38611-092109. A RESOLUTION reappointing a Director of the Economic Development Authority of ~he City of Roanoke to 'fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Vickie H. Bibee, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2009; and WHEREAS, 915.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Vickie H. Bibee is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing October 21, 2009, and expiring October 20, 2013. ATTEST: k4-L,~~)Y). ~ City Clerk. . K:\Measures\eda reappoint Vickie H. Bibee 2009.doc 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 twenty-first day of September 2009, VICKIE H. BIBEE was reappointed as a Director of the Board of Directors, Economic Development Authority of the City of Roanoke, for a term offouryears commencing October 21 , 2009, and expiring October 20, 2013. Given under my hand and the Seal of the City of Roanoke this twenty-third day of September 2009. ~rn.~ 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 September 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable, Rupert Cutler, Council Member Honorable Gwen W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: H1 N1 Virus Update Per your request, attached is a memorandum from Dr. Stephanie L. Harper, District Health Director of the Roanoke Health Department, which provides an update regarding the H 1 N 1 virus and its community impact, the status of the H 1 N 1 vaccine, and the Health Department's surveillance, mitigation and coordination efforts with Roanoke City Public Schools and other service agencies. Council should refer to page 1, paragraph 4 of the "Background Information" section for pertinent information regarding the impact of the H1 N1 virus on the City of Roanoke Health District and to page 3 of the "Mitigation" section for information regarding the Health Department's coordination efforts with the Roanoke City Schools. I trust that this correspondence addresses Council's concerns, but please feel free to contact me should you need any further information. Respectfully submitted, Fi~~ Assistant to the City Manager c: Stephanie M. Moon, City Clerk RC Health Department 9.09 HiNl Situation Update General Situation Background The Novel HINt virus first caused illness in the United States in March arid April 2009. On June 11,2009 the \\!HO (World Health Organization) noted global spread of the new virus and elevated the pandemic alert level to Phase 6. At that time more than 70 countries reported cases, in addition, there were ongoing community level outbreaks worldwide. As of September 6t11 the WHO reports over 277 ,600 laboratory confirmed cases of2009 HINl with at least 3200 deaths. In the United States, by June 19,2009, all SO states and the District of Columbia reported infection. We saw significant novel HINt activity during the 2009 summer and outbreaks and illness are continuing. Most people have had mild disease and have recovered without medical treatment. The virus can however cause severe disease and death. From 4/15/09 to 7/24/09 there were 43,771 either confIrmed cases or probable cases of novel HlNl.. Of these, 5011 people were hospitalized and 302 persons died. On 7/24/09 cases counts were discontinued and only aggregate reports of hospitalizations and death will continue. As of 9/04/09 there have been 9,079 hospitalized cases and 593 deaths. In Virginia, as of early September there were 4 confirmed deaths due to novel HINI. Across the state, about 2% of all emergency department and urgent care visits are due to Influenza-like illness. Currently, Virginia is reporting regional flu activity. Locally, we continue to see HINI in our community. Flu levels are higher than they would usually be during this period. In the Roanoke City Health District. for the week ending 9/05/09, 1% -c'" 2% of Emergency Department and Urgent Care visits were for a chief complaint of influenza-like illness. We anticipate that circulation of HI NI virus and illness will continue and increase as the traditional flu season approaches. Getting an HIN1 vaccine when it is available is the best protection from the novel HINI virus. The State Department of Health is preparing for vaccine distribution, via a national distributor, to our local private and public partners. The local health department is preparing to administer vaccine when it is available. Precautions The spread ofRINI is thought to occur in the same way that seasonal flu is spread. The virus is spread front person to person through coughing or sneezing. Sometimes touching something with flu viruses on it and touching your eyes, nose or mouth can lead to infection. Therefore, the following precautions are recommended: * Get the HINl vaccine when available >I< Cover your nose and mouth with a tissue when you cough or sneeze. * Wa'sh your hands often with soap and water. Aloohol-based hand cleaners are effective when there is no visible dirt. * Avoid touching your eyes, nose and mouth. SOO/lOOd WBEE:O~ 600l L~ das L869LS80VS XBj 411BaH ~1!3 a~ouBoM RC Health Department 9.09 HiNt Situation Update Precautions cont. * Try to avoid close contact 'With sick people. '" If you are sick with flulike illness, stay home for at least 24 hours after your fever is gone except to get medical care. HINI Vaccine Multiple sites throughout oUr community have pre-registered to receive and administer HINl vaccine (hospitals, stores, private providers etc.). These public and private sites will be required to complete formal registration to be eligible to receive vaccine. H1Nl vaccine 'Will be forwarded directly to registered entities. Private providers will have the opportunity to vaccinate their healthcare workers and patients/clients. The. local health department will focus on school immunization programs, vulnerable populations, large immunization clinics and gaps in vaccine access. It is anticipated that enough vaccine will be produced to vaccinate everyone who wants to be vaccinated. Because there are those who are at increased risk for infection or increased risk of complications if infected, the CDC has identified the following priority groups: * Pregnant women >I< Health care and emergency medical services personnel '" People who live 'With or care for infants younger then 6 months of age * Persons between the ages of 6 months and 24 years old * People aged 25 years through 64 years of age who are at higher risk because of chronic health disorders. There 'Will be targeted activities directed at high risk groups, however, vaccine will be available for all who desire vaccination. Clinical trials will detennine the necessity of one versus two doses for specific age groups. Final recommendation on the number of doses will not be available until clinical trials have been completed in late-September. The novel HINl viruses identified remain similar to the viruses chosen for the vaccine. With rare exception, virus remains susceptible to antivirals. Vaccine is expected to be delivered to VDH mid-October. Surveillance Health Department laboratory testing is for surveillance purposes. Special testing is coordinated by local health department when appropriate. There are pre-selected physicians and pre-selected emergency departments (sentinel providers and sites) that are submitting specimens on an ongoing basis for testing. ' This testing is continuous and serves as an indication of activity in our commllility. SOO/~OOd WB~~:O~ 600l L~ daS L869LS80VS XBj 4tlBaH ~t!3 a~OUBO~ . RC Health Department 9.09 HiNi Situation Update Surveillance cont. .In addition, the Department of Health is tracking chief complaints of influenza-like illness from hospitals and urgent care facilities and is monitoring death certificates to identify deaths related to novel HINt School attendance reporting will be monitored at the local and state level. Surveillance and monitoring has indicated that influenza activity is increasing. Miti!!ation Antivirals Medication is available for treatment ofHlNl influenza. Antivirals should be initiated as soon as possible after the onset of symptoms_ When started within 48 hours of symptoms antivirals have been shown. to reduce the risk of severe outcomes. However. they can be given after the initial 48 hours. In general. the recommended duration of treatment is 5 days. Schools Schools have large numbers of children in the priority age groups. As such. schools are a focus of health department activities. . Local Health Department and School systems are in regular communication regarding surveillance and mitigation issues, . Parental communication planning is ongoing. . On site school-based vaccine clinics are being planned for students and staff. . Off site vaccine clinics are also being planned. . VDHlDOE MOD has been created to facilitate school-based activities. . At the request of the Health Department, Lewis Gale Hospital hosted respirator fit testing training for school nurses and others. . CDC is authorizing a 2009 novel HINI consent form to give permission for students to be provided vaccine. The health department will forward flnal to schools. Schools will then provide oversight and coordination for form completion and return. . Schools are advising faculty, staff, parents and students to stay home if they are ill or have flu-like symptoms including fever, cough, sore throat until they have been without a fever for 24 hours without the use of fever-reducing medication. . Schools are encouraging faculty, staff and students to receive a seasonal flu vaccination as early as possible. . Schools are tracking flu-like illness in students, faculty and staff and reporting sudden increases in such illnesses to the local health department. SOO/POOd wepg:o~ 600l L~ das LB69LSBOPS xej 4+leaH ~+!3 a~oueoM RC Health Department 9.09 H1Nl Situation Update Mitigation cont. . Schools are updating emergency plans to ensure that all contact lists are up to date. . Schools are promoting good hand hygiene and respiratory practice, including frequent hand washing, using hand sanitizers when necessary and covering all coughs or sneezes with a tissue or sleeve. A Department of Health public call center has been activated - 1-877-ASK-VDH3. Questions can also be submitted towww.vdh.virginia.gov. Health Department is presenting at multiple public venues to provide up to date infonnation and guidance on HINl. Health Department has held or 'Win hold meetings with community members and will continue discussions with schools, hospitals, police/sheriff, city and county officials, congregate care facilities and child care centers. Health Department has developed a church information bulletin. It will be distributed to local congregations for inclusion in their service program. REMINDER Seasonal Flu Seasonal flu vaccine is the most important step in protecting against the seasonal flu. The CDC and the Virginia Department of Health recommended that seasonal flu vaccination begin as soon as vaccine is available. Vaccine is available and now is the best time to get a seasonal flu shot. Currently, the Health Department is providing multiple opportunities for residents to get vaccinated including walk-in clinics, appointment only clinics and off site mass clinics. 500/500d WBVE:O~ GOOl L~ das LBG9L5BOV5 XBj 4+IBaH ~+!J a~OUBO~ -- ''''---'''"Q. ..... :!rc~~-, ----' : ,) ,~jp; ~I,--~{}e ' } ~ . ;.:/;)... j . '1 \:i\~\.t-:7 ... ' .~~ CE~TER FOR YOUTH / . '~',,:df /;>=c;J; (1 ~ '.( .~ (I' V'.. ~. /0 V '. j '\ .J1'> 17\. , 'r~ u j j , . l \, 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 23, 2009 Howard P. Boggess, II, CLA Lumsden Associates, P. C. 4664 Brambleton Avenue, S. w. Roanoke, Virginia 24018 Dear Mr. Boggess: I am enclosing copy of Ordinance No. 38612-092109 rezoning a 0.031 acre portion of the rear of property on Bluefield Boulevard, S. W., from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District, subject to a certain proffered condition, as set forth in the Zoning Amended Application No.1, dated July 20, 2009. The abovereferenced measure was adopted by the. (2ouncil of the City of Roanoke at a regular meeting held on Monday, September 21, 2009, and is in full force and effect upon its passage. Sincerely, ~hJ.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure L:\CLERK\DATA\CKSMl \Agenda Correspondence\September 21, 2009\September 21 correspondence. doc Howard P. Boggess, II, CLA September 23,2009 Page 2 pc: Mr. Wayne Wise, 514 Highland Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Neill Macrae, III, 1110 26th Street, S. W., Roanoke, Virginia 24015 M & W Properties, Inc., 3322 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. George Brons.on, 2619 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Joseph Howell, 2620 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Ms. Susan Koch, President, Greater Raleigh Court Civic League, 2102 Maiden Lane, S. W., Roanoke, Virginia 24015-2208 Ms. Dana and Ms. Angela Billingsley, . 2613 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Dana Long, Director, Real Estate Valuation Philip Schirmer, City Engineer ~ ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 2009. No. 38612-092109. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Winky Wise Enterprises, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the 0.031 acre portion of the rear of property on Bluefield Boulevard, S.W., bearing Official Tax No 1260342, from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District, subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; , \, WHEREAS, a public hearing was held by City Council on such application at its meeting on September 21,2009, after due and timely notice thereof as required by 936.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and O-Winky Wise Enterprises-rezone.doc 1 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is ofthe opinion that the hereinafter described prop~rty should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that the 0.031 acre portion of the rear of property on Bluefield Boulevard, S.W., bearing Official Tax No. 1260342, be and is hereby rezoned from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amended Application No.1, dated July 20,2009. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~'rY).~ City Clerk. . O-Winky Wise Enterprises-rezone.doc 2 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov September 21,2009 Architectural Review Board Board of Zoning Appeals Planning comfr~norable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from Winky Wise Enterprises, LLC, to rezone a 0.031 acre portion of the rear of property on Bluefield Boulevard, S.W., bearing official tax no.1260342, from R-7 Residential Single Family District, to RM-2, Residential Mixed Density District, with the condition that the subject property shall be developed only in combination with Official Tax No. 1260309, for townhouse development. Planning Commission Action Planning Commission public hearing was held on Thursday, August 20, 2009. A summary of the public hearing can be found at the end of the report. By a vote of 4-1 (Messrs. Chrisman, Van Hyning, Ms. Katz and Mrs. Penn voting for, Mr. Williams voting against, and Mr. Scholz absent), the Commission recommended approval of the rezoning. The Commission finds the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Franklin Road/Colonial Avenue Area Plan. The proposed rezoning will enable the development of Official Tax Nos. 1260309 and 1260322 according to their current RM-2 zoning. Respectfully submitted, ~~~ D. Kent Chrisman, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Members of City Council Page 2 . September 21,2009 Application Information Request: Rezoning, Conditional Owner: Winky Wise Enterprise, L.L.C. Authorized Agent: Howard Boggess (Lumsden Associates, P.C.) City Staff Person: Maribeth B. Mills Site Address/Location: Bluefield Boulevard SW Official Tax No.: Portion of 1260342 Site Area: 0.031 acres Existing Zoning: -! R-Z! Residential Single-Family District Proposed Zoning: RM-2, Residential Mixed Density District, with i conditions Existing Land Use: Stormwater Management Area Proposed Land Use: Dwelling, Townhouse Neighborhood Plan: Franklin Road/Colonial Avenue Area Plan Specified Future Land Use: Single-Family Medium Density Filing Date: Original Application: July 1, 2009; Amended Application NO.1: July 20, 2009 Background The applicant proposes to construct a four-unit townhouse building with associated parking, open space, buffer yards, and driveway by-right on Official Tax Nos. 1260309 and 1260322. However, due to the irregular configuration of both lots, a 1,389 square foot portion of Official Tax No. 1260342 must be combined with Official Tax No. 1260309 to allow the construction of an 18-foot wide two-way driveway. The subject portion is currently zoned R-7 and must be rezoned to RM-2 to ensure the means of access is within a zoning district which permits the proposed use. The proposed rezoning will also avoid the creation of - a split zoned parcel prior to combination. The stormwater management area on the remainder of Official Tax No. 1260342 would be unaffected Conditions Proffered by the Applicant The applicant requests that the following proffered condition be adopted as it pertains to the portion of Official Tax No. 1260342: 1. The subject property shall be developed only in combination with Official Tax No. 1260309. Considerations Surroundinq Zoninq and Land Use: Members of City Council Page 3 September 21, 2009 North South Zoning District R-7, Residential Sin le-Famil RM-2, Residential Mixed-Density and CN, Commercial Nei hborhood RM-2, Residential Mixed Density East West 1-1, Li ht Industrial Single-family and multifamily dwellings. Mini-warehouse. Compliance with the Zoninq and Subdivision Ordinances: Official Tax Nos. 1260309 and 1260322 are of adequate size to accommodate all required accessory features for the four proposed townhouse units except the 18 feet wide driveway from 26th Street. Therefore, a 1,389 square foot portion of Official Tax No. 1260342 must be combined with Official Tax No. 1260309 for a total parcel size of 13,071 square feet. In accordance with Section 31.1-300(e) of the Subdivision Ordinance, these parcels cannot be combined with Official Tax No. 1260322 as it would result in an unbuildable lot. Once rezoned and combined, the proposed by-right development would meet all requirements for four townhouse units including 6 parking spaces, 400 square feet of usable open space (918 square feet provided), type Band D buffer yards both using option 1, and driveway access. The complex would be served by four automated collection containers. Other use options in the RM-2 district include single-family, two-family, and multifamily dwellings with the maximum number of units permitted capped at five. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Both Vision 2001-2020 and the Franklin Road/Colonial A venue Area Plan promote the efficient use of Roanoke's limited land resources. In their .current configuration, the two RM-2 parcels are unbuildable. Official Tax No. 1260309 is landlocked and Official Tax No. 1260322 is small and narrow, not meeting the district's minimum lot area or frontage requirement. Adding the subject portion of Official Tax No. 1260342 will allow the development potential of this land to be realized. Furthermore, multifamily development is appropriate for the Winthrop Avenue area which consists of diverse housing types including single-family, two- family, townhouse, and multifamily units. The following policies of Vision 2001-2020 are relevant in the consideration of this application: · NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. The following policies of the Franklin Road/Colonial A venue Area Plan are relevant in the consideration of this application: Members of City Council Page 4 September 21,2009 . Residential Development Policies: o Zoning: Zoning should reinforce the existing character of neighborhoods. o New Development: New development should be well-planned and use . limited land resources wisely. (Note Action: Identify and promote appropriate new development on vacant parcels.) Outside Aqencv Comments: The City's Development Review Coordinator, Danielle Bishop, requested clarification on how stormwater will be handled from the proposed site. The applicant responded that the existing stormwater management facility on Official Tax No. 1260342 would serve the proposed development if on-site accommodations could not be made. Easements would be established during . comprehensive development plan review. The City Attorney's office requested confirmation that the rezoned portion of Official Tax No. 1260342 would only be used in conjunction with Official Tax No. 1260309. The applicant responded by proffering the condition listed above. Planninq Commiss'ion Public Hearinq: The following comments and questions were posed by the Planning Commission at their August 20, 2009, public hearing. 1. Mr. Williams questioned why there was a problem with having properties split zoned. Staff responded that while a split zoning was undesirable, real issue is that the driveway needs to be located within'a district where the proposed use is permitted. . The following comments and questions were posed by the public at the Planning Commission's August 20, 2009 public hearing. 1. Mr. Neil McRae (1110 26th Street, S.W.) appeared before the Commission to object to the rezoning. Mr. McRae stated three issues with the proposed rezoning: a. Increased sogginess in his back yard which he attributed to the applicant's stormwater management pond. Staff responded that it had no previous knowledge of a drainage problem and would investigate the issue to determine if the stormwater management pond was operating correctly. Staff also noted that the stormwater management pond would have to be modified to meet current standards if it was to be used by the townhouse development. Chris Chittum, Planning Administrator, Danielle Bishop, P.E. Development Review Coordinator, and Lewis Blankenship, Development Inspector, inspected the pond and met with Mr. McRae the following day on August 21st. Staff determined the Members of City Council Page 5 September 21 , 2009 pond was functioning properly and effectively directs drainage away from Mr. McCrae's property. The area Mr. McRae indicated was soggy at times was dry and solid. Staff could see no clear cause- effect on drainage problems on Mr. McRae's property. (Approximately 1" of rainfall had occurred the previous evening) b. Increased traffic at the intersection of Colonial and 26th Street. Staff responded that the City's traffic engineer, Hong Liu, had no concerns with the potential traffic generation of four townhouse units in this area. c. Anticipatory nature of the request. 2. Three letters of objection were also read into the record from Jeannie Green (owner of property on 26th Street); Randy Gra~bill (101226th Street) and Gary Crigger (corner of Winthrop and 26t ) pertaining to traffic generation and headlight trespass. . Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. -li'lO!;rfllf;;;.""\tO'<(F!...~.\ . " Roanoke, Virginia 24011 .~~"'!?J,i,~,@4"J~~!!01~f' Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IJUI 20, 2009 . I Submittal Number: IAmended Application .No.1 - D Rezoning, Not Otherwise Listed ~ Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District - Address: IBluefield Boulevard SW Official Tax No(s).:IA portion of 1260342 Existin.g Base Zoning: " IR-7 Residential Single-Family (If multiple zones, please manually enter all districts.) , Ordinance No(s). for Existing Conditions (If applicable): I o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District I 0 With Conditions [8] Without Conditions Requested Zoning: RM-2, Residential Mixed Densit Proposed Land Use: Portion to be combined with 1260309 for townhouses Name: IWinky Wise Enterprises, l.l.c. I Phone Number: E-Mail: I Address: 2625 Colonial Avenue, SW Roanoke, VA 24015 I I 345-7899 I Phone Number: I E-Mail: I Name: Address: Applicant's Signature: Name: ILumsden Associates, P.c. I Phone Number: I 4664 Brambleton Avenue, Roanoke, VA 24018 I I 774-4411 I I E-Mail: Ihboggess@lumsdenpc.com LUMSDEN ASSOCIATES, P.C. J ENG INEERS-S URVEYORS-PLANNERS V. KIRK LUMSDEN, L.S. B. LEE HENDERSON, JR., P.E., L.S. THOMAS C. DALE, P.E. TIMOTHY HOELZLE, L.S. LARRY T. OGLE, JR., L.S.. HOWARD P. BOGGESS, II, CLA KEVIN T. BARNES, CLA JOHN E. CONNER, P.E. DOUGLAS E. BURTON, P.E. 4664 BRAMBLETON AVENUE, SW - P.O. BOX 20669 - ROANOKE. VA 24018 - PHONE (540) 774-4411 - FAX (540) 772-9445 - EMAIL MAIL@LUMSDENPC.COM July 20, 2009 TAX PARCEL #1260342 ZONING AMENDMENT NARRATIVE Winky Wise Enterprises, L.L.C. is the Owner ofthree adjacent City of Roanoke parcels, #1260342 (the subject parcel, Zoned R-7), #1260309 and #1260322 (both Zoned RM-2), as shown on the attached Conceptual Plan. In order to have an approvable Development Plan as represented by the Concept Plan, a 0.031 Acre portion of tax parcel #1260342 must be rezoned to RM-2, so that this portion may then be subdivided and combined with tax parcel #1260309, to create new tract "A", a 0.300 Acre parcel zoned RM-2. The intent of the plan is to develop a driveway upon tax parcel #1260322, an otherwise unbuildable lot, to serve a Townhouse development on new tract "A", being a landlocked parcel. Tax parcel.#1260322 is a non-conforming lot, as it lacks the required street frontage for the RM-2 zoning district. ~e lot has 40.56' of frontage, while the RM-2 district requires 50.0'. In addition, the lot becomes progressively more narrow toward the rear of the lot. At the minimum front building line, as established by the existing structures on adjacent tax parcel #'s 1260316 and 1260317, the lot is 34.10' wide. With the minimum side yard of 4' and minimum combined side yards of 8', the maximum building width is 26.10'. Assuming a building depth of 30', the maximum building width is 20.39'. A regularly shaped rectangular floorplate of 20' by 30' would have 600 gross square feet of space. This floorplate would not match the character of the existing single-family residential structures in the neighborhood, would require a unique, and expensive, architectural design to function effectively, and the per-square- foot costs of construction would be disproportionately high for the area. Tax parcel #1260309 is landlocked, having no frontage on any street. The proposed townhouse development will include four (4) two-story residential units, with six surface parking spaces. The proposed floorplate is 78' wide by 30' deep. No dumpster is proposed, individual automated containers will be used. The townhouse development will function as a transitional use between the adjacent self-storage mini-warehouse facility located to the west, and the residential uses in all other directions. The proposed subdivision will not impact the existing stormwater management facility located on tax parcel #1260342. This facility serves the self-storage mini-warehouse on tax parcel #1260314. The existing stormwater management facility will be utilized for the proposed development if on-site stormwater management is not adequate. Any necessary drainage easements will be established with site development plans. EXHffiIT #1 06292p12-layout2 LOCATION MAP FOR TAX PARCEL #1260342 , PROPERTY OF WINKY WISE ENTERPRISES, "L.L.C. SITUA TED ALONG 26TH STREET AND COLONIAL A VENUE CITY OF ROANOKE, VIRGINIA , 06-292 4664 BRAMBLETON AVENUE P.O. BOX 20669 ROANOKE, VIRGINIA 24018 EXHIBIT #4 LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA DATE: July 20, 2009 SCALE: NO SCALE COMM. NO.: PHONE: (540) 774-4411 FAX: (540) 772-9445 E-MAIL: MAIL@LUMSDENPC.COM METES AND BOUNDS DESCRIPTION PORTION OF #1260342 ZONING AMENDMENT The following is a deed description for a (0.031 ac.) Parcel being a portion of the property ofWinky Wise EnterprisesL.L.C., being Roanoke City Tax Parcel #1260342 to be rezoned from R-7 to RM-2. The description is as follows: BEGINNING at Corner #1,said point being the southwesterly corner of Roanoke City Tax Parcel #1260342 property ofWinky Wise Enterprises L.L.C., said point also being the southeasterly corner of property of Joseph R. Howell, et ux, Roanoke City Tax Parcel #1260341; thence leaving Howell and with the southerly boundary of Tax Parcel #1260342, Winky Wise Enterprises L.L.C., for thefollowing two courses; thence S 690 49' 54" E, 45.00 feet to Corner #2; thence N 40045' 06" E, 63.21 feet to Corner #3, said point located on the westerly boundary of property ofM&W Properties, Inc., Roanoke CityTax Parcel #1260316, said point also located on the northerly boundary ofWinky Wise Enterprises L.L.C., Roanoke City Tax Parcel #1260322; thence leaving M&W Properties, Inc. & Winky Wise Enterprises L.L.C., and with a new division line/rezoning line thru property ofWinky Wise Enterprises L.L.C., Tax Parcel #1260342; S 680 48' 48" W, 89.56 feet to the place of BEGINNING being Corner #1 and containing 0.031 Acres. EXHmIT #3 2006-292 winkywisedeed6-30-09 July 20, 2009 Proffered Conditions The applicant hereby agrees to proffer the following condition as it applies to the subject portion of Official Tax No. 1260342: 1. The subject property shall be developed only in combination with Official Tax No. 1260309. EXHIBIT #6 ~ """ I ~o I 133HS ~; ; I I i ~ ~ oil 11l!i . ~ ~ 15 ;a ~ ~ ~ ~ I 111.-... ...." g :J: ." ~ . i i !! ~~ 11:!;III!; ..; ~ j>- ,,~ 0 - I 1 . Ii ~ ~ I; B!i~!i.~a ~;I)ol ~ ~ ~ ~L.J ~ ~ I eI Ii S lili ~ U~i~ ;J!y3 " ~ c CIj V)~ P:; I ii I II ~61i.~ 8l )a 1=> ~_~ h.;lhl!l~1 Ill", ~ti1 ~ ~ ~ La.. ~ i!:~ s= I ~U i I ~~ !~i ~I~I ill. 1:I:Jihn~i!1 i~~~~ ~~ ~ I ' !l ii ...1 1414 ~:1a IlflB! ili.lJ!! 1lIJ!9111.. ~ L.J ~ ~~ 2; I' ~.I.. ~ i -~~ i~1 a a Iii PII!ti~11 u. >-~~~"1 ~~ Cl !Iiil iiiliiiiiiil IIil1i1i !1!IIIII!il~!il~I!!!I~ ~ i~ u ~ _ co! .s.td . ~ ~ ~ ~ 0 lil ~ ~U"l:::!: ~:;o "fO;-U .,. N . r--.r--.U r--.r--.o.. 66~ .,..,.0 !:'! !!lV'). .. ..:::!: "'x=> ~.1:-' :c ~ 0.. - ~ ;:: .:..; <: ~ '" ~ e~ lS.<l " ~.s ... . ~ co z 5 '" .,. >N <( ~ z z o - l-o-lJ ",,,,,,, -'",- ceo> ~Nw t:!x:,: ceoo ceZ "t .<( :gqo .,.0..'" ~z Cf)z ~< r-....J <'1- -iQ Uo 0>-< Cf)t.IJ - Cf)>z <0::(3 z~~ ~iQ>. Ot.IJt.IJ Cf)t.IJ~ -.::-zo ~_z ::::>(.;1< ,zo .....t.lJO:: LUMSDEN ASSOCIATES, P.C. ENG INEERS-S URVEYORS-PLANNERS V. KIRK LUMSDEN, L.S. B. LEE HENDERSON, JR., P.E., L.S. THOMAS C. DALE, P.E. TIMOTHY HOElZLE, L.S. LARRY T. OGLE, JR., L.S. HOWARD P. BOGGESS, II, CLA KEVIN T. BARNES, CLA JOHN E. CONNER, P.E. DOUGLAS E. BURTON, P.E. 4664 BRAMBLETON AVENUE, SW - P.O. BOX 20669 - ROANOKE. VA 24018 - PHONE (540) 774-4411 - fAX (540) 772-9445 - EMAIL MAIL@LUMSDENPC.COM July 20, 2009 TAX PARCEL #1260342 LISTING OF ADJOINING PROPERTY OWNERS Tax parcel #'s 1260307 & 1260308 Neill & Eleanor H. MacRae 1110 26th Street, SW Roanoke, VA 24015 Tax parceL#1260316 M&W Properties, Inc. 3322 Brambleton Ave., SW Roanoke, VA 24018 Tax parcel #'s 1260322 & 1260309 Winky Wise Enterprises, L.L.C. 2625 Colonial Avenue, SW Roanoke, VA 24015 Tax parcel #1260330 George A. & Connie C. Bronson 2619 Bluefield Blvd, SW Roanoke, VA 24015 Tax parcel #1260331 Owner 2613 Bluefield Blvd, SW Roanoke, VA 24015 Tax parcel #1260341 Joseph R. & Renee M. Howell 2620 Bluefield Blvd, SW Roanoke, VA 24015 EXHffiIT #5 d~~ '7-YI AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: Winky Wise Enterprises, LLC, pt. Tax No. 1260342, Bluefield Boulevard, ) SW, from R7 to RM2, no conditions )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of July, 2009, notices of a public hearing to be held on the 20th day of August, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 1260308 1260307 Neil and Eleanor H. Macrae 1110 26th Street, SW Roanoke, VA 24015 1260322 1260309 Applicant 1260316 M & W Properties, Inc. 3322 Brambleton Avenue, SW Roanoke, VA 24018 1260330 George and Connie Bronson 2619 Bluefield Boulevard, SW Roanoke, VA 24015 1260331 Dana and Angela Billingsley 2613 Bluefield Boulevard, SW Roanoke, VA 24015 1260341 Joseph and Renee Howell 2620 Bluefield Boulevard, SW Roanoke, VA 24015 Also Notified: Susan Koch, President, GRCCL /rvJII1A.A.1{ iJv CW 11:~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, '''1'o,n,<> t]"C' "7th A<>u "f' lnlu "000 ~The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- LUMSDEN ASSOCIATES PO BOX 20669 ROANOKE VA 24018 --- City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __l..bl~day of Sept 2009. Witness my hand and official seal. Notary Public I NOnCE OF PUBLIC : HEARING . The Council of the City ~f Roanoke'will hold a public hearing on Monday, September 21, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, In the Council Chamber, fourth 'floor in the Noel C. Taylor \ Municipal B, uildlng, 215,' Church Avenue, S.W., Roanoke, Virginia, to, consider the following: . : Request from Wlnky Wise ,'. Enterprises, LLC, to rezone I, a 0 031 acre portion of the i rear of property on Bluefi.eld Boulevard, S.W.. beanng I Official Tax No. 1260~42, from R-7, Residential Smgle I Family District, to RM-.2, Residential Mixed Density District, subject to ~he I condition that the subject property shall be develop.ed only in combination With , Official Tax No. 1260309, I for tow n h 0 use! , development. .' A copy' of the application is available for review in the Office of the City Clerk, Room 456 Noel C. Taylor Municipal'Bullding, 21,5 Church Avenue. S.W., Roanoke, Virginia. ., All parties in interest a~~ 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 ~ontact, ithe City Clerk's Office, ~t ,853-2541, before noon on the Thursday before the date of the hearing listed a~~~~'N under my hand this '1st day of September, 12009. .. " . , Stephanie M. Moon, CMC , City Clerk. 1(116201~8~_~ REFERENCE: 80030791 11620118 NPH-Winky Wise-Rezon State of Virginia City of Roanoke .L, (the undersignedi an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: PUBLISHED ON: 09/04 09/11 \\\\11"'''''/ ,\\ :-{ p.. LA y. "" ......" ~\> ,.',., ....i11-<J. '" .i ~~"'NOif>..P.'{ ....~'-:. :: ltJ :' PU6UC ", ~ = : EG. #7090930 : "* - = * : p. M'< COMMISSION : ~ = -:; ......... ~\RS l:~~ ":."",,,:e. . _ .~.... ,0_'0 .' ~.... ',-'7A~ ". ..' .\, .. ','':70 0 .. .. . S: ~ <.. "I 'lVVVEAl1\\ ~ ", " \\' 11,",,"\\ TOTAL COST: FILED ON: 386.88 09/11/09 I !-: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized Sigria~~re:___~_______ __~_, Billing Services Representative ~. T\ rt ~~~~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, September 21, 2009, at 7:00 p.m., or as soon thereafter as the matter maybe 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 Winky Wise Enterprises, LLC, to rezone a 0.031 acre portion ofthe rear of property on Bluefield Boulevard, S.W., bearing Official Tax No. 1260342, from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District, subject to the condition that the subject property shall be developed only in combination with Official Tax No. 1260309, for townhouse development. A copy ofthe application is available for review in the Office afthe 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 the Thursday before the date afthe hearing listed above. GIVEN under my hand this 1st day of September ,2009. Stephanie M. Moon, CMC City Clerk. Winky Wise Enterprises-rezone.doc Notice to Publisher: Publish in the Roanoke Times on Friday, September 4, 2009, and Friday, September 11, 2009. Send affidavit to: Send Bill to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Howard Boggess Lumsden Associates, P. C. 4664 Brambleton Avenue, S. W. Roanoke, Virginia 24018 (540) 774-4411 r \ NPH-Winky Wise Enterprises-rezone.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: cIerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk September 9,2009 Howard P. Boggess, II, CLA Lumsden Associates, P. C. 4664 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Boggess: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 21,2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Winky Wise Enterprises, LLC, to rezone a 0.031 acre portion of the rear'of property on Bluefield Boulevard, S. W., from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District, subject to a certain proffered condition. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the September 21 st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure 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: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 9,2009 Mr. and Mrs. Neil Macrae M & W Properties, Inc. Mr. and Mrs. George Bronson Ladies and Gentlemen! Mr. and Mrs. Joseph Howell Ms. Susan Koch, President, GRCCL Ms. Dana and Ms. Angela Billingsley Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday,. April 6, 1981, I have advertised a public hearing for Monday, September 21,2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church . . Avenue, S. W., on the request of Winky Wise Enterprises, LLC, to rezone a 0.031 acre portion of the rear of property on Bluefield Boulevard, S. W., from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District, subject to a certain proffered condition. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Adjoining Property Owners September 9,2009 Page 2 If you would like to receive a copyof the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. SMM:ctw Sincerely, ~m-~ Stephanie M. Moon, CMC 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 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 23, 2009 Nicole G. Hall Clark Nexsen Architecture & Engineering 213 S. Jefferson Street, Suite 1011 Roanoke, Virginia 24011 Dear Ms. Hall: I am enclosing copy of Ordinance No. 38613-092109 amending the Institutional Planned Unit Development Plan for property located at 3601 Ferncliff Avenue, N. W., to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse as set forth in the Zoning Amended Application No.1 dated August 24, 2009. The abovereferenced measure was adopted' by the Council of the City of Roanoke at a regular meeting held on Monday, September 21, 2009, and is in full force and effect upon its passage. Sincerely, ~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure L:\CLERK\DATA\CKSM1 \Agenda Correspondence\September 21, 2009\September 21 correspondence. doc Nicole G. Hall September 23,2009 Page 2 pc: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Kansas B. King, 2062 Routt Road, N. W., Roanoke, Virginia 24017 VC Roanoke, LLC, 11 South 12th Street, Richmond, Virginia 23219 Horace G. Fralin Partners, et als, P. O. Box 20069, Roanoke, Virginia 24018-0503 Ferncliff South Housing Management, 601 S. Belivedere Street, Richmond, Virginia 23220 G M Fargo, LLC, MRH Venture Capital, 855 W. Broad Street, Suite 300, Boise, Idaho 83702 Hoback Properties, LLC, 32 Skylar Court, Roanoke, Virginia 24012 Winn Limited Partnership, 2626 Glenwood Avenue, Suite 200 Raleigh, North Carolina 27608 Freeway Partners, LLC, P. O. Box 6120, Lynchburg, Virginia 24505 Delta Dental of Virginia, 4818 Starkey Road, S. W., Roanoke, Virginia 24018 Shree Vinayak, LLC, 3315 Ordway Drive, N. W., Roanoke, Virginia 24017 SRC Virginia, Inc., P. O. Box 280, Gastonia, North Carolina 28053 Darlene L. Burcham, City Manager William. M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan Lower, Director, Real Estate Valuation Philip Schirmer, City Engineer . L:\CLERK\DATA\CKSMl \Agenda Correspondence\September 21, 2009\September 21 correspondence.doc 4: \,~ cb\ . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Tbe 21st day of September, 2009. No. 38613-092109. AN ORDINANCE to amend S36.2-l00, Code ofthe City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, to amend the INPUD Development Plan to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse as it pertains to property identified by Official Tax No. 6460102, located at 3601 Fernc1iff Avenue, N.W.; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the INPUD Development Plan to allow the occupancy .afthe Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse as it pertains to property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N.W.; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a , public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 21,2009, after due and timely notice thereof as required by S36.2-540, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the INPUD Development Plan as it pertains to property described as Official Tax No. 6460102, located at 3601 F ernc1iff Avenue, N. W.; and O-Ruffner Middle School-Amend INPUD Plan.doc 1 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the INPUD Development Plan to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse as it pertains to property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N.W., as herein provided. THEREFORE, BE IT ORDAINED by the Council afthe City of Raano1ce that: 1. Section 36.2-100, Code ofthe City of Roanoke (1979), as amended,. and the Official Zoning Map, City ofRoanolce, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUD Development Plan to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse as it pertains to property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N.W., as set forth in the Zoning Amended Application No.1 dated August 24,2009. 2. Pursuant'ta the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~h}.~ City Clerk. O-Ruffher Middle School-Amend INPUD Plan.doc 2 .. . CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission September 21,2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from the City of Roanoke to amend the Institutional Planned Unit Development Plans for 3601 Ferncliff Avenue, N.W., Official Tax No. 6460102, to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse. Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, September 17, 2009. By a vote of 3-0 (Mr. Van Hyning and Mrs. Penn absent, and Ms. Katz abstaining), the Commission recommends City Council approve the request, finding the application for the adaptive reuse of William Ruffner Middle School into government offices/facilities and the construction of an accessory warehouse to be consistent with Vision 2001-2020, the Peters Creek North Neighborhood Plan, and the City's Zoning Ordinance. The request provides for the continued service of a vacated City facility while maintaining a cohesive campus setting Respectfully submitted, //~~0<J D. Kent Chrisman, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager City Council September 21,2009 Page 2 Application Information Request: Owner: Authorized A ent: Cit Staff Person: Site Address/Location: Official Tax Nos.: Site Area: Existin Zonin : Proposed Zonin Existin Land Use: Proposed Land Use: Nei hborhood Plan: S ecified Future Land Use: Filing Date: Background Amendment of Institutional Planned Unit Develo ment Cit of Roanoke Nicole Hall, Clark Nexsen Architecture & En Maribeth B. Mills 3601 Ferncliff Avenue NW 6460102 58.83 Acres INPUD, Institutional Planned Unit Develo INPUD, Institutional Planned Unit Develo ment Educational Facilit I Middle and Seconda Educational Facility, Elementary, Middle, and Secondary and Government Offices and Other Government Facilities, Not Otherwise Listed Peters Creek North Neighborhood Plan ParklO en Space/Public and Multifamil Original Application: August 6, 2009; Amended Ap Iication NO.1: Au ust 24, 2009 In June 2009, the development plan for the William Fleming/Ruffner property was amended to remove Lawson Hall and the Employee Health Clinic to allow for additional athletic facilities for William Fleming High School. At that time, William Ruffner Middle School was to remain. The public school system decided to close the middle school and demolish the School of the Arts facility along with a portion of its associated parking. In order to keep the remainder of this building in productive use, the school system is requesting to convert the space to government offices and facilities. This would include maintenance offices and a workroom; culinary service offices; server and IT offices; professional development classrooms; and assessment scoring offices to be located within the existing building. A new 40,000 square foot warehouse building is also proposed next to the gymnasium. This warehouse would store all transshipment materials such as books and furniture. The multipurpose field currently in this location would be moved to the site of the demolished School for the Arts and associated parking. The Employee Health Clinic, previously housed in modular units on the site, would be located in the existing clinic area. Some educational uses would also remain in the existing building such as GED training and the gymnasium. Additional parking will be created to accommodate this change of use. No changes are proposed for William Fleming High School. City Council September 21,2009 Page 3 Conditions Proffered by the Applicant As an INPUD, the development plan attached to this amendment is binding for future development. Development standards are listed directly on the development plan. Considerations Surroundinq Zoninq and Land Use: --.- Zoning District Land Use North ROS, Recreation and Open Space District Countryside Golf Course and & RMF, Residential Multifamily District. an apartment complex. South CLS, Commercial-Large Site District. Retail Sales Establishments. East 1-1, Light Industrial District and CLS, Johnson & Johnson building Commercial-Large Site District. and hotels. West RMF, Residential Multifamily District and An apartment complex and RM-2, Residential Mixed Density District. two vacant parcels. Compliance with the Zoninq Ordinance: The INPUD District encourages harmonious development of institutional uses and mixed-use campus developments. This district provides flexibility for creative development that minimizes potential negative impacts on neighboring uses and recognizes the special complexity and interrelationships of land uses. The overall appearance of the campus will remain much the same since William Ruffner Middle School will be adaptively reused. The most significant addition to the site will be the warehouse structure. This structure should not detract from the overall appearance of the campus due to its location (between the existing gymnasium and Fleming's loading docks), height (max. 35 feet in height), and building materials (brick, pre-cast concrete, glass metal panels, or architectural CMU). The minimum number of parking spaces is 139 vehicles and 143 on-street and off-street spaces are proposed. The warehouse and gymnasium are not included in the parking calculation because they are considered accessory uses. These spaces are independent of parking specified for faculty, students, events, and visitors of William Fleming High School. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Both Vision 2001-2020 and the Peters Creek North Neighborhood Plan call for the efficient use of the City's limited land resources. With many of the City's schools closing to consolidate, it is important not to leave behind vacant facilities. The adaptive reuse of William Ruffner Middle School as a multipurpose facility for the school system will ensure its continued service to the community. City Council September 21,2009 Page 4 Vision 2001-2020 contains two policies relevant to this application: . PE P1. Quality Education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and knowledge needed to succeed in higher education. Roanoke will maintain and improve its high-quality public education facilities and programs at all levels. . PE P2. School Facilities. School facilities are important community facilities. The location of new school facilities.will be carefully planned to enhance the surrounding community and adhere to the City Design principles recommended. City Department Comments: Mr. Kent Chrisman, Chairman of the Planning Commission, requested that community access to the site be addressed including the dedication of public right-of-way for future sidewalks and greenways. Staff requested that the applicant address this request in the amended application. The school system, however, felt that any additional public access would jeopardize the safety of students. Planninq Commission Public Hearinq: At the Planning Commission's September 17, 2009 public hearing, Mr. Rick Williams asked for the total cost of the project and what materials would be used on the proposed warehouse. The applicant responded the a cost estimate had not yet been conducted and the warehouse would be clad in materials similar to those used on William Fleming High School (e.g. brick, pre-cast concrete, glass metal panels, and architectural CMU). \i.........J.i~9Q.i".9.<~.m:~"~m!.{lt:ii,.../i.... ...>........." ........i.........'. . "g<'. ..........\.rl.I..e<.:.j.8'..............t......:I.'Q"...i/n.>.....'{;.......... .........,.....-..;.......:.,..;...,..,. . ....::..:::.>:.::.:>::;.\.-:/..':.:..::.....:.,:\.:: ....... '. ..,.......\ .... .......').(..;.'> . .:i ..\.............. ,............. ..... ........ > ....'........).....S....... ...>' . ,"""...-, ......:.:.."' " . - - '. . . . ... . "-' ,', :..':.:...-,<:: ~ "-:.:,:: '.:.'.<: ":'~ :,::: '>.:.,': 'C." "_ .'. ....__ ",'_' ""'-', "," ,'.-.......,.:..-,:. "." ..-:..... '- :-,....... '. ....,:...-'.:...:.......'....."........ ::. ....'.'.- .~.. ~:"" ,",::. >:,.....:.. '-.::.:'.:' ":::." . """":":',',".: Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IAU9 24, 2009 I B!gii!!!~,(l!m~~.!~!J~~I!~!t;f~'ii:l,i):~!;,1(~ o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District -.l!r'-i.i:6:f.D!~~mi~'~.~~!i10%;:1 Submittal Number: IAmended Application No.1. I. .........Click Here. toPrint; < I I o Amendment of Proffered Conditions I8l Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 3601 Ferncliff Avenue, NW Roanoke, VA 24017 Official Tax No(s).: 16460102 Existing Base Zoning: INPUD, Institutional Planned Unit Development (If multiple zones, please manually enter all districts.) Ordinance No(s}. for Existing Conditions (If applicable): 138498-061509 Proposed Land Use: IGovernment Office or Facilities o With Conditions fRJ Without Conditions Phone Number: j + 1 (540) 853-2333 I E-Mail: IDarlene.Burcham@roanokeva.gov I Property Owner' ; ignature: :~ie.!:~i;';~!i!~!!.~~!!!,!~!::~~i!:~~~!!!~!'i;J:;!t~Jm~~!!iitJ,~l Name: I Address: I I Phone Number: I E-Mail: I I I Applicant's Signature: .!~!!!~!.!!!i~~,!!!~!~!!~.~!t,~!;~~~!;,!!~f,!!i!!!il!! Name: Clark Nexsen Architecture & Engineering Phone Number: I + 1 (540) 982-0800 I E-Mail: Inhali@c1arknexsen.com I Authorized Agent's Signature: #" , /(~;;:~~\I~/~L .. "#' i.1t' ') \~f /'~;7~/-I/:i yO" J]i ,"1..1 ','(I ~ '~:_, >.._//.. ':,.\ '<1,+.' 1\\ _~.,"V /'il _M!111:1~-" l"~r.:', / " P .--.A_ \~~ 'i'<;t.. - r"(' ,:~ 01 '. ')1 \/~"'''' I/~',(" "#.~. > ",..,.'.." ,:;:'/ ". ',//,lI'.~<'~,'f /':^:6.",'~' ,tE/'.,' )'~': Z'>,'" 'OI~..' 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I I _~~~:J . /l/!/7 I~' ''f"( / f '-~ I . o o s: .x .!I "0 "0 :i ~ c:( :E z ~ o ::l 5 l 9 j CLARK. NEXSEN Architecture & Engineering August 28, 2009 To: Roanoke City Planning Commission From: Clark Nexsen Architecture & Engineering, agent for Roanoke City Public Schools RE:. Amendment Application No.1 Amendment to INPUD for Chmge of Occupancy for William Ruffner Middle School Background: The site for the project is shared with William Fleming High School. The site was amended in 2007 in order to construct the new William Fleming High School and stadium and was amended again in 2009 to change the layout of the site to improve the efficiency of the layout of some of the athletic fields. Roanoke City Public Schools has recently decided to close William Ruffner Middle School and . demolish the School of Arts portion of the facility. The school system wishes to change the occupancy use of building from an educational use to a business use facility. The school system also proposes adding a future warehouse to the site adjacent to the current William Ruffner Gymnasium. '.'" ,v Proposed Change: The change of occupancy shall include the following uses: government offices or other government facility, not otherwise listed and will include the relocation of the maintenance offices and staff currently located in the Roanoke City Public Schools Maintenance Building on Reserve Avenue, a maintenance work room area, offices for culinary services personnel, and a location for server and IT equipment. The library portion of the building shall be used for professional development training. A minor portion of the'building will be used for GEDtraining and a minor portion will be usedfor an administrative office- area for assessment scoring. The health clinic area and existing gymnasium building will remain unchanged in their use. The proposed future warehouse will serve as storage for all transshipment materials (I.e. books and furniture) for the entire school system and as previously mentioned would be constructed adjacent to the current William Ruffner gymnasium. With a change in occupancy it is not anticipated that there will be a need for additional parking as the site currently has more spaces than required (calculations are shown below). In addition, the site contains space for future parking, is located close to public transit, and there are several on-street spaces that may be utilized on Femdale Drive. 213 S. Je!fersonStrrEt, Suite 1011, Rillrme, Virginia 24011 5401982-0800 Fax 5401982-1183 A ProfESsional Grrporation Cffia:s in N arfdk, RUhrmrd, A texanlria, Rillmke, GJarlotte ard Ral.eirf http://1./.tro)darkrT!Xserl. com CLARK. NEXSEN Architecture & Engineering INPUD Development Plan - Parking Information Buildings on Site: . William Fleming High School . William Fleming HS Stadium o Seating Areas (31 00 seats) o Support Buildings o Field House . William Ruffner: o Ruffner Gymnasium: o Warehouse All uses are permitted in the INPUD District William Fleming Off-street Parking: . 560 spaces for the entire site o Student! Event Lot: o Faculty/ Staff/ Bus Lot: o Athletic/ Event Lot: o Visitor Lot: 297,000 sf 13,500 sf 5,000 sf 8,000 sf 57,400 sf 21,400 sf 40.000 sf 475,500 sf 3. '" spaces 161 spaces 53 spaces 30 spaces (existing to remain) (Accessory use to William Fleming HS) (Accessory use to William Fleming HS) (Accessory use to William Fleming HS) ( Government offices or other Government facility and Education.) (Accessory use) (Accessory use) · Required Spaces for William Fleming = 450 spaces 0-- - 3-spacesper classroom: 3x 81 == 243 -- o 1 per students: 1652/8 = 207 Ruffner Parking . 126 spaces off-street . lLspaces on-street 143 Required Parking for Ruffner o First 4000 sf o 1/300 net sf o 3 per classroom: 3 x 1 o 1 per 8 students: 20/8 2 spaces 131 spaces 3 spaces ---1 spaces 139 ~ m ~m ~ ".. - ~ 1 1 a w ... w~.) 11111 ..~ ~ .! ~~;;". .. ~ I I I FJ'~ i~ l "1 II 1 ~ I~ Ii 1 i., ~ j f't. l!f. i ~~~ Iii I II filii II } I~ III!~ !-- i Ii JlljfJ,I}1 II !f.!~~ If t J - III ~ t~~ I( hi ( iil .~ ~Jl n Of H liti!! nU In 1 1 Ii Ii I ~IIHjHh I lUff .I.' H mn ~'::: ""5......= I I "~ i "" It liiH t ~ j!W mIl . ! _1 ~\: ~~~. 'O','rS~ 'iR~ '&~\ ?,z.'C. ~e.'t ~g~ ~~'; ~~~ ! .l , -.l':i~~ ~~.'" ~\~. ~.....- i~~ ~~ U:;-ZI ~~~ \~:~ 6~~ ~,~:- z......\__ '. ,....~~~~--,~ ./ ~ .~ ~ ~ ~ " ~ ~ {. .4j' h:~ ,,. ... ... z ... ... ;:) ... ::e '3 ;E I.! . z S ... !Z~ ...0 ::e"t ...- 0.... ....t: ~g. ClC Tax number Owner Address 6450101 Owner 1 G & M Fargo llC ./ Physical 35S0 Ferncliff Ave Owner 2 MRH Venture Capital llC Owner's P.O. Box 3S547 Tulsa OK 74135-4496 6450122 Freeway Partners llC ../ Physical 3602 Ferncliff Ave Owner's P.O. Box 6120 lynchburg, VA 24505 6440120 Ferncliff South / Physical 3666 Ferncliff Ave Owner's 601 S Belvidere St Housing MGMT Richmond, VA 23220 6440116 Fralin Horace G ET AlS / Phy~ical 3533 Ferncliff Ave Partners Owner's P.O. Box 20069 Roanoke, VA 24018-0503 6440101 VC Roanoke llC / 11 South 12th St Richmond, VA 232219 6401205 Kansas Blair King .; 2062 Routt Rd Roanoke, VA 24017 6401206 Dollie W. Williams )( 2054 Routt Rd Roanoke, VA 24017 6401207 Saundra l. Brown X 2046 Routt Rd Roanoke, VA 24017 6401204 Bradley l. Campbell , 2073 Fair Hope Rd Roanoke, VA 24017 ., . . '6472302. ... . City Of Roanoke. .. .. j Physical- . 2100 Countrys.ide Dr I~ Owner's 215 Church Ave Rm 250 Roanoke, VA 24011 6472101 S R C Virginia INC ./ Physical 2201 Montauk Rd Owner's P.O. Box 280 , Gastonia, NC 28053 6460101 Delta Dental of Roanoke I Physical 2797 Frontage Rd Owner's 4818 Starkey Rd Roanoke, VA 24018 6460104 Shree Vinayak llC J Physical 2727 Ferndale Dr Owner's 3315 Ordway Dr Roanoke, VA 24017 6450112 WAG T Television INC i Physical 2807 Hershberger Rd Owner's P.O. Box 7 Roanoke, VA 24022 6450111 Winston Roanoke SPE llC X Physical 3301 Ordway Dr Owner's 2626 Glenwood Ave. Ste 200 Raleigh, NC 27608 6450121 WINN limited Partnership / 2626 Glenwood Ave. Ste 200 Raleigh, NC 27608 ,. .;( 1~qx~w-\ o~ I ~\,. :'9 .~. , } WHEREAS, a public hearing was held by City Council on such application at its meeting on June 15,2009, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Planned Unit Development Plan for property identified by Official Tax No. 6460102, located at 3601 Femcliff Avenue, N.W.; and WHEREAS, this Council, after considering' the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Planned Unit Development Plan for William Fleming High School to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two -- footlia1l!s6ccetllacrossefieldS~-oirpt6pefty identified-15y OfficialTax:Nb:-64601 02~ located--- - at 3601 Femcliff Avenue, N.W., as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Plarmed Unit Development Plan for William Fleming High School to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/soccer/lacrosse fields, on property identified by Official Tax No. 6460102, located at 3601 Femcliff Avenue, N.W., as set forth in the O-William Fleming High School-amend PUD Plan.doc 2 ZQrung Anumded Application No.1 dated April 17. 2009. . , : ' '"' ",'./., ,,7. ..PUrsuanttothepn:>visions ()f S~tion P::,oftheCitY Charte~, ;,;""" "', " ,."". ",.;:n;...:, """.:~'H:,...:,."rT::""f:\' "".i" i::~':;::,.",."", '.. 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'''.''','fll, I~jlj ,." ! 13' i ?,~ ""i'i , , .c . \ AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: City of ROalloke for Fleming Inpud, 3601 Ferncliff Avenue, Tax No. 6460102, ~.', )AFFIDA VIT ) ) ) TO-WIT: ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day. of August, 2009, notices of a public hearing to be held on the 17th day of September, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 6401205 6440101 6440116 6440120 6450101 6450104 6450121 6450122 6460101 Name Mailing Address Kansas B. King 2062 Routt Road, NW Roanoke, VA 24017 VC Roanoke LLC 11 South 12th Street Richmond, VA 23219 Horace G. Fralin Partners, et als POBox 20069 Roanoke, VA 24018-0503 F erncliff South Housing Management 601 S. Belivedere St Richmond, VA 23220 G M Fargo LLC MRH Venture Capital 855 W. Broad St., Suite 300 Boise, ID 83702 Hoback Properties LLC 32 Skylar Court Roanoke, VA 24012 Winn Limited Partnership 2626 Glenwood Ave., Suite 200 Raleigh, NC 27608 Freeway Partners LLC POBox 6120 Lynchburg, VA 24505 Delta Dental Of VA 4818 Starkey Road Roanoke, VA 24018 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, VITgim~ iliis 24fu~: 20~7 ~ otary Public My Commission Expires: /} /(J)/ ~() !~ I ( CANDACE R. MARTIN I NOTARY PUBUC Commonwealth of Virginia , Reg. #282076 , My Commission Expires The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------~-----------------------------+------------------------ CLARK NEXSEN ARCHITECTURE & EN 213 S JEFFERSON STREET, SUITE 1 ROANOKE VA 24011 REFERENCE: 80170314 11621678 ---------' - I. - NOnCE OF PUBLIC: HEARING ' The Council of the City of Roanoke will hold a pUblic hearing on September 21 2009, at 7:00 p.m., or as Isoon thereafter as the Imalter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,' !loanoke, Virginia,'to :onsider the following: ! Request from the City 6f Roanoke to amend the ,Institutional Planned Unit ,Development Plan for :property located at 3601 Ferncllff Avenue, N.W: Official Tax No. 6460102' to allow the occupancy 01 the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of, an accessory warehouse. . A copy of the applicatio'n is available for review in tlie Office of the City CierI< Room 456, NoelC. Taylo; Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard o'n the matter. If you are 'a person with a disability wtio, , needs accommodations for I this hearing, please conta.c. t the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the 'hearing Iistird' , above. c: GIVEN under my hand this 1st day of September 2009. .' Stephanie M. Moon, CMC City Cle~~. NPH-Ruffner Middle S State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper 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 Virginia. Sworn and subscribed before me this __J~~~day of Sept 2009. Witness my hand and - official seal. Notary Public PUBLISHED ON: 09/04 09/11 "'1"111'",, "" ~NOY A"; ...,' <1;)<?- .......... .0;;'''' ~... .... NaJAR:';', ~ ~ : * :' A~ PUSLIC ". ~ :. - . G. #7, : ~ - = C"): MYCO'AA 090930' = - 0 . wl/11,' '- :. ~'. ~z iSSiON : *" = -;. ~ ". S]..::: ., C::::/. . ...., "" ~A'" .(.1 $ ~ ", Y"I:; ...... . . ~ ...... ';, 4t.rH or: \J\~ ,,'" 'I, r \\' 11/11111\\\ (11621678) TOTAL COST: FILED ON: 368.16 09/11/09 --------------------------------------------------+------------------------ Authorized V'" ~ Signature:_~tl1L- " ,,' ,....- .-._... ..... -~... ,.- . ....-. -.... -." ." Billing Services Representative c"') ~ c-:,I 1- ~ ...... . ,- '\ .~ ." , '. ' ~ ..., \' .. .$.) \...0 rn Fri .".J ~_.~ ..t::~ :~ IS) (:r\ 1::5::; '_1... G~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on September 21,2009, at 7 :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 to amend the Institutional Planned Unit Development Plan for property located at 3601 Fernc1iff Avenue, N.W., Official Tax No. 6460102, to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse. A copy of the application 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 the Thursday before the date afthe hearing listed above. GIVEN under my hand this 1st day of September ,2009. Stephanie M. Moon, CMC City Clerk. Ruffner Middle School-amend lNPUD plan.doc Notice to Publisher: Publish in the Roanoke Times on Friday, September 4, 2009, and Friday, September 11, 2009. Send affidavit to: Send Bill to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Nicole Hall Clark Nexsen Architecture and Engineering 213 S. Jefferson Street, Suite 1011 Roanoke, Virginia 24011 (540) 982-0800 NPH-Ruffner Middle School-amend INPUD plan. 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) 853~1l45 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 9,2009 Nicole G. Hall Clark Nexsen Architecture & Engineering 213 S. Jefferson Street, Suite 1011 Roanoke, Virginia 24011 Dear Ms. Hall: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 21,2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke to amend the Institutional Planned Unit Development Plan for property located at 3601 Ferncliff Avenue, N. W., to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the September 21 st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~m. ~a.,) Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure 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 CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 9,2009 Mr. Kansas B. King Horace G. Fralin Partners, et als G M Fargo, LLC MRH Venture Capital Winn Limited Partnership Delta Dental of Virginia SRC Virginia, Inc. VC Roanoke, LLC Ferncliff South Housing Management Hoback Properties, LLC Freeway Partners, LLC Shree Vinayak, LLC Countryside Neighborhood Alliance Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 21,2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke to amend the Institutional Planned Unit Development Plan for property located at 3601 Ferncliff Avenue, N. W., to allow the occupancy of the Ruffner Middle School building as a government office/facility and educational facility, as well as allow for construction of an accessory warehouse. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Adjoining Property Owners September 9,2009 Page 2 If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~a-.n. ~1l&>V Stephanie M. Moon, CMC . J City Clerk SMM:ctw 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 JONATHAN E. CRAFT Deputy City Clerk , STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 23, 2009 Mr. Thomas Mauney 517 Eleventh Street, S. W. Roanoke, Virginia 24016 Dear Mr. Mauney: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness pertaining to property located at 517 11th Street, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday September 21, 2009. Based upon evidence (testimony and documents) presented at the Council meeting, the matter be remanded to the City of Roanoke Architectural . B.eview Board for reconsideration. Sincerely, ~~'h,.~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager William M. Hackworth, 'City Attorney Erica Taylor, Agent, Architectural Review Board L:\CLERK\DATA\CKSM1 \Agenda Correspondence\September 21, 2009\September 21 correspondence. doc V 1.. ~ , VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. NameofPetitioner(s): -rho~ ~ 2. Doing business as (if applicable): . . JJ/-A-. , '7' Street addreslZ.t<J f Pror?T~y whjch i~~the subjec.t.ot this appeal: 5/1 / /:::2 SCI!.evt- ~W. IfGle- VA ~((, 3. 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborho?djOverlay District) of property(ies) which is the subject of this appeal: /-1 :-2. 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 1 -/3 -()1'. . 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Bog,rd I (Section 36.2-330 if H-1 or Section 36.2-331 if H-2): 3' ..:; -~ 3 7. 8. 9. ~6~Vr' . 9{o ,. TCJ f - 1'1J7 . , I ~' ... r ", , , WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. . Signature of Owner(s) (Ifnot Petitioner): ~~~ Name:"77e>~Q ~ ~ ~""e./ (print or type) /' Name: (print or type) TO BE COMPLETED BY CITY CLERK: Received bY~ On. ~ Signature of Petitioner(s) or representative( s), where applicable: Name: (print or type) Name: Date: (print or type) ttJlrJ.3lo9 . I CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov September 21, 2009 Architectural Review Board Board of Zoning Appeals Planning Commission Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Rupert Cutler, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Appeal of decision of Architectural Review Board to deny issuance of Certificate of Appropriateness No. 09-049 for 517 11 th Street S.W. Background: On July 30, 2008, a Codes Compliance Inspector found that the front porch had collapsed at 517 11 th Street, S.W. A Notice of Repair was issued to the property owner, Mr. Thomas Mauney, on the same date. Because the property is located within an H-2, Historic Neighborhood District, the notice specifically advised the owner to "Please retain all original elements from this section of the front porch for reuse if possible." (Attachment A). In addition, the letter advised that the property is located within an H-2, Historic Neighborhood District and a Certificate of Appropriateness (COA) would be required for repair work. The order authorized Mr. Mauney to install any temporary measures (such as roof support and railings) needed to ensure the safety of the structure. Mr. Mauney failed to return the form enclosed with the order that declares his intentions regarding acceptance or rejection of the repair order. // On September 18, 2008, the inspector found that Mr. Mauney was performing structural repair work without a building permit. A stop work order was issued on that date (Attachment B). On October 9, 2008, Mr. Mauney applied to the Architectural Review Board (ARB) for a COA. (Attachment C). The proposed column, handrail, and decking constituted a significant change in the design of the porch. 1 No COA would have been required for in-kind repair with materials of the same design. Following discussion between the applicant and ARB members, the application was tabled to allow Mr. Mauney time to research possible assistance from Roanoke Regional Housing Authority or Blue Ridge Housing (Attachment D). The ARB considered the application at its November 14, 2008, meeting, and at Mr. Mauney's request, the COA application was tabled (Attachment E). Mr. Mauney's COAapplication was reconsidered at the December 12, . 2008, meeting. He amended his application to remove the handrail with square pickets and column from consideration, so he could proceed with some of the needed repair work. The ARB voted on the amended request for the porch flooring which specified a three inch tOF,lgue a'nd groove, pressure treated board, a sample of which was to be provided to Erica Taylor, ARB Agent for her approval prior to installation. The ARB, by a vote of 6-0 (Bestpitch, Cundiff, Fulton, Botkin, and Blanton voting yes, Mr. Schlueter was absent), approved the amended application for a_ COA for installation of new porch flooring (Attachment F). On January 7, 2009, Mr. Mauney provided a sample board and received approval for the porch flooring. This COA provided the needed clearance to obtain a building permit and to proceed with the repair work. Mr. Mauney, however, did not obtain a bUilding permit. Because Mr. Mauney had not proceeded on correcting the violation and did no work during this time, inspector swore out a summons on February 12, 2009. The case was scheduled in General District Court for March 19, 2009. On March 11,2009, Mr. Mauney applied for and received a building permit to install new tongue and groove flooring, and porch flooring structure. Columns and handrail design were not approved. Mr. Mauney appeared in General District Court on March 19, 2009, where Judge Talevi granted him an extension until June 4, 2009, for substantial work on the porch (flooring and structure) to be completed. June 4, 2009, Judge Talevi granted an additional extension until August 6, 2009, so that Mr. Mauney could obtain the necessary COA for the porch railings and column and add the additional work to his building permit. On June 8, 2009, Mr. Mauney applied for a new COA to install a new handrail system with 2"x6" top rail, 2"xl" base rail with 2"x2" square pickets and a round composite column (Attachment G). Neither the handrail nor the column was similar in design to the remaining original 2 ! elements on the porch. The original handrail had turned pickets while the new handrail had square pickets. The proposed column lacked a capital. In early July 2009, Mr. Mauney installed the square picket handrail and column without capital, without a COA or building permit. The ARB considered the request at its July 9, 2009, meeting. Following discussion between the applicant and ARB members, the ARB, by a vote of 0-7, denied the application for a COA for the installation of new handrail system with 2"x6" top rail, 2"x1" base rail with 2"2" square pickets and a round composite column. The ARB determined that the proposed handrail design was inappropriate and inconsistent with both the house and the H-2 Architectural Design Guidelines. The square picket design was not architecturally compatible with the original turned balustrade found on the north side porch, and while the composite column was appropriate, a column capital was required to closely resemble the existing (Attachment H). Mr. Mauney was notified of the COA denial and his right to appeal to City Council by letter dated July 13, 2009. Mr. Mauney filed an appeal of the ARB's decision on August 3, 2009 (Attachment I). On August 6, 2009, Mr. Mauney did not appear in court on the date of his continuance. Judge Talevi found Mr. Mauney guilty and imposed a $100 fine. Considerations: The H-2 Architectural Design Guidelines (Guidelines) adopted by the ARB and endorsed by City Council provide the following recommendations for preservation, repair, and replacement of porches and porch elements: · Porches are important character-defining features for most residences in the H-2 district. Porches help make a transition between the house and its landscape surroundings. · Identify and keep original materials and features of porches. Important character-defining features include: columns, entablatures, steps, posts, railings, lattice, pilasters, decorative trim, beaded board ceilings, and foundations. · Do not alter or remove a porch on the principal fac;ade of a building. · Replace inappropriate materials with the following more appropriate ones, taking into consideration the architectural style of the building: wood columns or composite columns or resembling wood, tongue-and-groove porch flooring, or wood railings. 3 · Do not use pressure-treated wood when repairing or replacing exterior wood features such as porch handrails, balusters, and steps. · Where a porch feature is missing, replace it using materials compatible to the original in size and shape, material, detail and. the color and texture. · Where a porch feature, such as a handrail, is missing and there is no evidence of its historic appearance, replace it with a new feature of an appropriate design. . Use the proper type of replacement column for the style of house, based on existing evidence or historical information. Appropriate replacement columns include staved, boxed, and turned. · Where porch posts or columns are missing, try to find a suitable replacement from salvage yards or order custom reproductions from local millwork shops or national manufacturers. Fiberglass or composite reproductions are appropriate if they closely resemble originals when painted. · Prime and paint all elements, including both sides of all boards. · Install porch-lattice properly. Lattice should be vertical and horizontal strips of overlapping material, locate lattice under porch floor fascia and between piers, attach to wood blocking, recessing the lattice slightly from the face of the piers, use a horizontal/vertical arrangement, trim lattice open'ing with molding, paint or stain lattice, and use plywood backing painted black if added support is necessary. · New rails above 30" in height are required to conform to the current building code. However, owners may file a Code Modificatiof1 Request to build rails to their historic height, which is usually lower than the code requirement. Porch handrails are among the most visible features of a porch. At 517 11th Street S.W., the finely-detailed original handrail remains on the right front and right side of the porch. The proposed replacement handrail on the left and left-front portion of the porch is not architecturally compatible with the original handrail due to its form, dimensions, and design. The most character-defining feature of the handrail is the design of the vertical pickets. The original porch has decorative pickets which were turned on a lathe. The new handrail was proposed to be constructed with squared pickets. . Columns are also a prominent feature of a porch. The original porch columns are Ionic with an ornate capftal. Mr. Mauney proposed a column that completely lacks a capital, which would be a conspicuous omission. Ionic capitals are common and near-exact matches are readily available in wood or fiberglass. 4 Though the porch had collapsed, many of the materials such as the railings and the capital on the column could have been fully or partially salvaged, thus avoiding the considerable costs of complete replacement. Despite the note in the repair order advising Mr. Mauney to retain materials for salvage, the original decking, handrail, and column were removed from the site shortly after the Repair Notice was issued. The ARB found that the proposed handrail 2"x2" square picket design and column without a capital are inconsistent with the H-2 Guidelines and incompatible with the character of the house and the H-2 Historic District. During the July 2009 meeting, the ARB discussed the fact that the 2"x2" square pickets did not closely resemble the original turned pickets on the north side of the porch, and that the column was appropriate if a capital was added to closely resemble the existing column capitals still found on the porch. Mr. Mauney stated that he attended the ARB meeting so that the Board could "stamp the application no," so he could move on to the next step (appeal to City Council). After further discussion, the ARB voted unanimously to deny the application. Recommendation: \ The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness to permit the installation of new handrail system with 2"x6" top rail, 2"xl" base rail with 2"x2" square pickets and a round composite column. Sincerely, .6~O<<P-4. ~ Barbara Botkin, Chair Architectural Review Board cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Assistant City Manager Erica Taylor, Agent, Architectural Review Board 5 517 11th Street - Timeline July 30, 2008 September 18, 2008 October 9, 2008 November 14, 2008 December 12, 2008 January 7, 2009 February 12, 2009 March 11, 2009 Mar~h 19, 2009 June 4, 2009 Porch collapsed, Notice of Repair issued by Code ') . Enforcement Officer. Stop work order issued for work being done on front porch without any permits. Application for new flooring, handrail, square pickets, and column submitted. Application tabled to allow applicant time to looking assistance from RRHA or Blue Ridge Housing. Application amended to remove handrail, pickets and column from current consideration. Amended application approved and read, "a single three inch tongue and groove, pressure- treated board,' to be cut and brought to Ms. Taylor for her approval prior to installation of the. product on the porch." Tongue and groove flooring approved by City Staff (as required by ARB). No building permit obtained. Since no work had occurred to correct the violation, Code Enforcement Officer swore out a summons. Case scheduled for hearing in General District Court on March 19, 2009. Mr. Mauney ~pplied for and received a building permit to install new tongue and groove porch flooring, and porch flooring structure. Columns and handrail design were not approved. Mr. Mauney appeared in General District Court. Judge Talevi granted him and extension until June 4, 2009 for substantial work on the porch (flooring and structure) to be completed. Mr. Mauney appeared in General,District Court. Judge Talevi granted an additional extension until August 6, 2009 so that Mr. Mauney could 6 June 8, 2009 July 9, 2009 July 13, 2009 August 3, 2009 August 6, 2009 September 21,2009 obtain required COA for porch columns and column, and to add the additional work to his permit. Certificate of Appropriateness Application for square pickets, handrail and round column submitted. Certificate of Appropriateness request for handrails and column heard at monthly Architectural Review Board meeting. Application denied. Mr. Mauney admitted to installing handrail and column without COA or permit. Letter detailing reasons for denial of Certificate of Appropriateness No. 09~049 mailed. Petition to Appeal submitted to City Clerk's Office, placed on agenda Mr. Mauney did not appear in General District Court for his continuance., Judge Talevi found Mr. Mauney guilty and imposed a $100 fine. Petition for Appeal to be heard by City Council during evening meeting. " 7 (--- NEIGHBORHOOD SERVICES Noel C. Taylor Municipal Building 215 Church Avenue, SW, Rooms 162 and 167 Roanoke, Virginia 24011 540'.853.2344 fax 540.853.6597 Attctc.hw\QI\./T A July 30, 2008 MAUNEY THOMAS LYNN & VIA CHARLOTTE U 517 ELEVENTH ST SW ROANOKE,VA 24016 Dear Property Owner(s): Subject: Tax Map #: 517 11TH ST SW 1220613 NOTICE of VIOLATION This office has inspected your property located at the address referenced above and found it to have violations of Section 103.2 of the Virginia Uniform Statewide Building Code, Part III, Maintenance, also known as the Virginia Maintenance Code. REPAIR ORDER The Violation Inspection Report attached identifies the conditions found that must be corrected. The attached list of violations may not include all deficiencies, and the City reserves the right to note additional defects as found and require their correction. By the dates indicated, you must complete the repairs and have them inspected. 10/30/2008 Make required repairs cited on the attached Violation Inspection Report. Property is located in H-2 District. Building Permits and Certificate of Appropriateness will be required. L11 IT' I:Q I:Q co ..JJ 'CJ cJ1 OFF~C~Al firginia Maintenance Code is a criminal misdemeanor , comply promptly with this order may result in legal also has the authority to affect repairs and bill you for e placed on your property. lJ :::J Return Receipt Fee S (Endorsement Required) Restrioted Delivery Fee ::J (Endorsement Required) "U ::r Tl Postmark Here { require a permit before proceeding. Doing work violation of Section 108.1 of the Virginia Uniform ion, also known as theVirginia Construction Code. Postage $ Certified Fee Total Postage & Fees $ EY THOMAS1:YN 2 "'re"';Y-!~..r I;4ARLOIIE_U.__.__.___ ..._________.__ .~ ~~:.~r~~TEVENTH STREET SW -.-___..__m__..._______ CIty, R€f~N@KF,-VJCZ40T(r.. m..._.._..__..__....__._______________ '- " ( I ( " , ' "~- CITY OF ROANOKE BUILDING MAINTENANCE CODE VIOLATION INSPECTION REPORT RE: 517-ilthStSW DATE: 07/30/08 This inspection report shall be attached to and construed as part of the Violation Notice and identifies certain violations according to specific sections of the Virginia Maintenance Code. There may be additional code violations present which were not initially observed or noted hereon but which must be corrected. It is the responsibility of the owner and/or contractor to see that the proper permits are obtained and the repairs are made in a workmanlike manner. NOTE: All electrical, plumbing and mechanical work must be performed by a certified, licensed contractor. Residential Property EXTERIOR STRUCTURE X 304.10 Stairways. decks. porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. South side of porch must be repaired. Property is located in H-2 District. Building permits and Certificate of Appropriateness will be required. Temporary measures to ensure the safety of the structure may be used. Support for porch roof and temporary railing on front porch may be installed as a temporary safety measure. Please retain all original elements from this section of the front porch for reuse if possible. I -- , ( \ r --, Q,) u ~~oo .,..20 C/J .5 ~ oS ro ~ .......~O .......~('f) I~~ r-""~ .......~~ tn8" ~ C~~ c~. Attach m ef\t 13 ....... .- S 0)00 0.. O. 01)0 ~~ .- " "'C:)oo :-:::- :s ..0 0) 0..0 ~. 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"--" -. _._-,-~- ~,~"' _._u'" .__. _ _.. ..~~.~ Name: Address: City: Phone Number: l/l}-.-' ' ; Zip cOde:'~/' J E-Mail: (Jmut~ @ 'c.~~. aeJ- Name: ~:~:::~::r~le~~~:FamiIY~~~;~i~ r Townhouse r Commercial If Commercial. Describe Use: I Project Type: [""' Roof~rch [""' Windows and Doors r' New Construction r Signs C' Walls and Fences [""' Parking and Paving Li Demolition Li Other: I *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. m Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signatun! ofPropertyOwnerfr~~~ Section Below to be Completed by Staff Address: City: Phone Number: ..~._.. .~- ~~-" ~-_..~. -_.. --_.' ~, _n_. ._ ,"_n'--", .__ ..~~.._ _~ __. _~ __! State: I , E-Mail: : Zip Code: I . , 1 .~. .,~ _. ,_.._ ..~v ~ i Date: I (':- S -tJY I ,_, Certificate Number: I".. t Approval By: CARB [' Agent Other approvals needed: r: Zoning Permit [""' BZA/Planning Commission r Building Permit [""' Other Base Zoning District: J i Date: I . ~, "....... \ I H-2, Historic Neighborhood Overlay District Detailed Project Description c.. . I ;' I Site Address: 15-/7 // ~ 5fr:ere; f- ,$L~k/ '~Drr()k'E: ,~ Property Owner: l'nC('YJ0l,5 J,Cb~ ,Y.:' 1 Dit~~ . JDGALAt:'lE:J' m , / fe>bliildin:) secfion or 1{d7}- porch. . Project Description: Additional information to be submitted: rd Photographs L' Site Plan l" Elevation Drawings r-' Sample, Photograph, or Catalog Pictures of Proposed Material \ C Other: t Form updated 01/08 Page 3 of 3 ) "'. 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I:) -+- \) -0 ~ ~ ~~ +~~ .:::- Co I:x:, x --l ~..c ---j ~, ~\t1m~~-\- D CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD October 9, 2008 MINUTES The regular meeting of the Board was held on Thursday, October 9,2008. The meeting was called to order at 5 p.m., by Barbara Botkin, Chair. 9. Request from Thomas Maunev for a Certificate of Appropriateness for reconstruction of section of front porch usinQ 1 "x6" wooden deckinQ, 2"x2" square wooden pickets, round composite column and brick piers at 517 11th Street. S.W. Mr. Mauney appeared before the Board and said that he was replaCing what had collapsed. He said when the front column fell out from under .the porch, the boards pulled away and the rest of the porch that was still there was solid and in place. He said he would be coming off the edge of the porch with 2x8's to replace the old ones. He said there were 2x8's running from the front all the way across and would be using 1 x6 deck boards like the porch was before it collapsed. He said he was replacing the front column that was 6' tall and was sitting on afooter that was 18"x18". He said eventually each column on the house would have to be replaced because they were falling apart. Ms. Botkin asked for staff comments. Ms. Taylor said staff did not support the installation of the 1x6 wooden decking material or the 2x2 wooden square 'pickets because they were not in keeping with the original elements existing on the porch. She suggested the applicant install tongue and groove flooring to match the existing and turned wooden balusters to match those on the northern balustrade of the porch. She said staff did support the installation of the round composite column but required that a Corinthian capital be installed to match existing capitals. She reminded the applicant that the new porch pier needed to have the same material and look of the piers on the porch. Mr. Mauney said there were already 1 x6 deck boards on the porch that went all the way around the porch. He said the house caught on fire and they were replaced by the 1 x6 deck boards. He said he was using what was already there. Ms. Botkin said the tongue and groove was correct but the floor boards that were 2 %" were incorrectly installed. Mr. Fulton said he agreed with staff's comments. He said the railing and the decking needed to match what was on the house. Ms. Botkin said she agreed with staff's comments also. She said everything about the new structure needed to match the existing. She asked Mr. Mauney what the size of the column would be. Mr. Mauney said it was 8" in diameter. Ms. Botkin asked if that was what was installed presently. Mr. Mauney said no. 'He said the columns were 9" to 10" in diameter and tapered at the top. He said the columns would have to be replaced in the future. Ms. Botkin said if the columns had to be replaced then the new columns needed to be exactly like the ones taken out. She said the column in the picture was smaller in size and already had a capital on top. She said Ms. Taylor was correct that the pier he had needed to match the existing piers. She said she could not support the application as submitted. Mr. Richert said Mr. Mauney was against a rock and a hard place beGause it was a nice structure in the historic district' and it needed a lot of things. He said the comments made by the staff and other Board members were appropriate. He said there would be a struggle getting the project done right. He said he could not support the application as it was submitted for all the reasons voiced by the Board. Mr. Mauney said there was a brand new structure going in adjacent to his that would take away the historical value of the houses. Mr. Richert said the new structure was consistent with infill construction that was done in historic district and would complement the historic structures around it. He said it did not give the owners of existing buildings licenses to do things inconsistent with the historic design of their houses. Mr. Fulton said the people building the house next door had to go the extra measure as well because there were certain items added to the project in order for them to get approval by the ARB for an infill. . Mr. Bestpitch said he supported the staff recommendations right down the line. Mr. Mauney said he could not afford what the staff was recommending or what the Board was telling him to do. He said he was spending the money that he had to fix the house the best way he could. He said he didn't mean to be rude or hard to get along with 'but what the Board was asking him to do, his wallet could not handle it. Mr. Richert suggested that Mr. Mauney's best approach was to go to Roanoke Redevelopment Housing Authority or Blue Ridge Housing and try to get help with the project. Mr. Mauney said he had already asked for the information and nobody had any answers. Ms. Botkin asked Mr. Mauney if he wanted the Board to vote on the application that was submitted. Mr. Mauney said there would be no reason to vote on the application because the Board would not approve it. He said his only question was what the Board was going to do to him for not fixing the porch. Ms. Botkin said the Board's job was to vote on the application. She said he had an option to withdraw the application and research areas for getting the help he needed to do the appropriate thing or the Board could vote on the application as submitted. Ms. Taylor asked Mr. Mauney if he had spoken with Neighborhood Services. Mr. Mauney said no. Ms. Taylor said she would give Mr. Mauney the information he needed for Neighborhood Services. Ms. Botkin suggested Mr. Mauney table the application for one month and allow Ms. Taylor to give him the contact information for Neighborhood Services to help financially. Mr. Mauney said he wanted the application tabled. A roll call vote was taken on the motion to table and approved 5-0, as follows: Mr. Richert-yes Mr. Bestpitch-yes Mr. Cundiff-yes Mr. Fulton-yes Ms. Botkin-ye$ A+--tac.\n VY\.e-i\ + E CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD November 13, 2008 MINUTES The regular meeting of the Board was held on Thursday, November 13, 2008. The meeting was called to order at 5 p.m., by Barbara Botkin, Chair. 3. Request from Thomas Mauney for a Certificate of Appropriateness approvinQ reconstruction of section of front porch usinQ 1 "x6" wooden deckinQ, 2"x2" square wooden pickets, round composite column and brick piers at 517 11th Street. S.W. Mr. Mauney appeared before the Board and asked the Board to table his application until next month because he had no resolution or financial means to complete the renovations. Mr. Bestpitch made a motion to table the application until next month. Mrs. Blanton seconded the motion and the application was tabled by a vote of 5-0, as follows: . Mr. Fulton-yes Mrs. Blanton-yes Mr. Bestpitch-yes Ms. Dykstra-yes Ms. Botkin-yes A-t\-cXL h rY) ~f\ t F CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD December 11, 2008 MINUTES The regular meeting of the Board was held on Thursday, December 11, 2008. The meeting was called to order at 5 p.m., by Barbara Botkin, Chair. 3. Request from Thomas Mauney for a Certificate of Appropriateness approvinQ reconstruction of section of front porch usinQ 1 "x6" wooden deckinQ, 2"x2" square wooden pickets, round composite column and brick piers at 517 11th Street. S.W. Mr. Mauney appeared before the Board and said that he wanted to amend his request to use the tongue and groove board that he brought to the Board. He said he wanted approval for the frame and decking, not the railing or columns. Ms. Botkin asked for staff comments. Ms. Taylor said staff comments remained the same as the ones made at last month's meeting. Ms. Botkin asked for Board comments. Mr. Cundiff asked Ms. Taylor if she had seen the board that Mr. Mauney had. Ms. Taylor said yes. She said it was not a traditional tongue and groove flooring and it was not an in-kind look and wasn't sure how well it would stand up. Ms. Botkin said it looked like a 1 "x6" that had been routed. She asked Ms. Taylor what the tongue and groove guideline was. Ms. Taylor said she did not have the guidelines with her. She said a 2 %" board was on the house. Mr. Mauney asked the Board if he used the 3" board instead of the 5" board would he receive approval. Ms. Taylor asked Mr. Mauney if he remembered the boards she showed him in her office. Mr. Mauney said the boards Ms. Taylor showed him were thicker than the boards on his porch. He said one board was' cut to look like two boards joined together. . Mr. Bestpitch said the boards Mr. Mauney brought were not a flooring material. " Date of Application Site Address $1' rc.~ -/-.$ tv' Property Owner: Name: t7.lo~Cll'..s; MuiI'J..../ Address: ,. .$1 7 I J "" S hte. ..+ City: [%C\-.t:10 H};:'E:...... Phone Number: I S '10" 7t:j 3.. 7 cj 51 Owner's Representative (if applicable): $hl ; State: '- E-Mail: ~ ._~.._.- Zip Code: ~ '/0 l " Omf!..JQ @ c..o)(.. J'\-e L Name: I S~~~ Address: I City: I . State: I . Zip Code: I Phone Number: t E-Mail: Application Prepared By: 1~t!J~p...r~~"",c.~ Current Use: ~ Single-Family r Two-Family (Duplex) l' Multifamily r Townhouse l' Commercial If Commercial. Describe .Use: t Project Type: r Roof i< Porch r Windows and Doors r New Construction r' Signs l Walls and Fences r: Parking and Paving r Demolition rather: LiS *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. 1'-'C..'f>eClti'> Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. SignatureofPropertyownerlh~~~~~~ j Date: t$ "';-O,? . Section Below to Approval By: tp,RB r Agent Other approvals needed: l. Zoning Permit r: BZA/Planning Commission rRBuilding Permit r: Other Certificate Number: I Tax Parcel Number: II -;) "J9.u.: L ~ . Base Zoning District: I t~-\ H..,- 2.. Agent, Architectural Review Board::.~ ~ ~ Member, Architectural Review Board: '- : Date: kef f-!QJ . Date: I Form updated 01/08 Page 2 of 3 '1. f~ 4, (~,. c ~-; -.) H-2, Historic Neighborhood Overlay District Detailed Project Description Site Address: I. .517 //~ ~c~-r.?W Property Owner: 1.7'1oJ1:Y1i:;-J . . ~ H;J.y ~t:::JQ .,...o~ 'C.- ''k ..C\. )- _. ) '<\s\o.JLQ- 2i~ (;1 no.\'\c\ r-(t (' \ . 2;1 y. \ 1I bClse. ('Gl(' ( 0-1'\0 '2 ill( Z "Sj. , ? ,c. \u: t.s. ~ 'r. S~ he.~ 'Y 0 1....1..1/\<:,\ CO\ \..( ~Y\ n Project Description: Additional information to be submitted: n Photographs ~ Site Plan r Elevation Drawings r' Sample, Photograph, or Catalog Pictures of Proposed Material rather: I Form updated 01/08 Page 3 of 3 C~j l.; (y,\ I''', .,,-l:Ll....'~:::.-:-: - C' x e ex 'e 't'x't' ex~ (;lX'f .-..-.- '6'))( 'f .t~') l< 'l,' -ex(' -0 -- _ _~ ~\ C' i I --j ! --. --'---~~-:7f"'- --.. C? X c" ..:- .=....~ -r:,~\(~--- -----; I I I i i , t I I I I I ! 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Vl t\l g.~ .....t:;...... r:/) 0 I ~Ur;; ;;...rJloo 1-<(1)8 1a]~ o::lU~ (!) u ~ a fZ) 5 -1:: fZ) ...... -5 (Ij . .....~~ ~ € g .....(!)~ tr) 0.. o I-c p.. (!) ~ ~ PoO\ CI)(!)O ........0 Cl)ON ...... oS ro 'l:5 :::::Etn I ;>-.:::S r---t::bJ. _ (!) :::s lr) .g. ~ ;.... ~ ...... ...... l-< o - u (!) 0.. rIl s:::: ...... (!) u a >,..... - g].~ -~- r.f.) 0 I ~uf;; >,rIlOO l-< (!)6' ~ '"8 ~ cou~ a.> u ~aOl r/15g .......'E:N : -a-o ::::::Et;1 I ;>..;::l r-"Egf ...... 0..-< tr) 0 ~ ~ I I ( , ...-; <I) u ~~O\ CZls::o ....20 CZls::N oS '(;--6 :::::Eti I ;>-.;::l t bJ: <1)3 g........ ;...; A-t, r--- ...... lr) .(~. (- "-. ~Gtchme..nt I CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission July 13, 2009 Mr. Thomas Mauney 517 11 th Street, S.W. Roanoke, VA 24016 Dear Mr. Mauney: Subject: Application for a Certificate of Appropriateness No.09-049 517 11 th Street, S.W. On July 9, 2009, the Architectural Review Board of the City of Roanoke, Virginia, considered your request for installation of handrail with 2"x6"top rail, 2"x1" base rail, and 2"x2" square pickets, and installation of round composite column at 517 11 th Street, S.W. and a Certificate of Appropriateness was denied. The Board found that the application was not consistent with the following H-2 Architectural Design Guidelines for porches: · Porches are important character-defining features for most residences in the H ~ 2 district. Porches help make a transition between the house and its landscape surroundings. · Identify and keep the original materials and features of porches. Important character-defining features include: columns, entablatures, steps, posts, railings, lattice, pilasters, decorative trim, beaded board ceilings, and foundations. · Do not alter or remove a porch on the principal facade of a building. · Replace inappropriate materials with the following more appropriate ones, taking into consideration the architectural style of the building: wood columns or composite columns or resembling wood, tongue- and-groove porch flooring, or wood railings. · Do not use pressure-treated wood when repairing or replacing exterior wood features such as porch handrails, balusters, and steps. · Where a porch feature is missing, replace it using materials compatible to the original in size and shape, material, detail, and color and texture. /""'....: ( - (- '\.... . Where a porch feature, such as a handrail, is missing and there is no evidence of its historic appearance, replace it with a new feature of an appropriate design. . Use the proper type replacement column for the style of house, based on existing evidence or historical information. Appropriate replacement columns include staved, boxed, and turned. · Where porch posts or columns are missing, try to find suitable replacements from salvage yards or order custom reproductions from local millwork shops or national manufacturers. Fiberglass or composite reproductions are appropriate if they closely resemble originals when painted. ' . Prime and paint all elements, including both sides.of all boards. · Install porch lattice properly. Lattice should be vertical and horizontal strips of overlapping material. Locate lattice under porch floor fascia and between piers, attach to wood blocking, recessing the lattice slightly from the face of the piers, use a horizontal/vertical arrangement, trim lattice opening with molding, paint or stain lattice, and use plywood backing painted black if added support is necessary. · New rails above 30" in height are required to conform to the current building code. However, owners may file a Code Modification Request to build rails to their historic height, which is usually lower than the code requirement. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of th~ date of the decision. Inform'ation on the appeals process is enclosed. Please contact Erica Taylor at 853-1522 if you have additional questions. . Si~ner Iy, 1J/1 --/ ~ I raU./f~ Candace R. Martin, Secretary City Architectural Review Board 1m enclosure t. 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: c:Ierk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 3, 2009 The Honorable Mayor and Members of the Roanoke City Cou ncil Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Thomas L. Mauney, in connection with a decision of the Architectural Review Board at its meeting of July 9, 2009, with regard to the installation of a handrail and round composite column at 51 7 11 th Street, S. W. The petition was filed in the City Clerk's Office on Monday, August 3, 2009. Section 36.2-530{c)(S), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review !3oard may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board. With the concurrence of Council, I will include the Petition for Appeal on the Monday, September 21,2009, 7:00 p.m., City Council agenda. . Sincerely, ~tn.. 1J&tJ Stephanie M. Moon, c::Z City Clerk SMM:aj Enclosure L:\CLERK\DATA\CKAJ1\ARB APPEAL\51711 Street SW Thomas Mauney.doc Mayor and Members of Council August 3, 2009 Page 2 pc: Mr. Thomas Mauney. 517 Eleventh Street, S. W., Roanoke, Virginia 24016 Darlene L Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Thomas Carr, Director, Planning, Building and Development Barbara Botkin, Chair, Architectural Review Board, 616 Marshall Avenue, S. W., Roanoke, Virginia 24016 Erica]. Taylor, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board L:\CLERK\DATA\CKAJ1\ARB APPEAL\517 11 Street SW Thomas Mauney.doc 1. ," 'f Ii ' VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. 'NameofPetitioner(s): lho~ ~ 2. Doing business as (if applicable): JJ / Pr- I Q Street addres~/af pr~~rjy w.nhlP' h i~_the subjec!-of 1~is appeal: , G. ;$"/~ 1/::1 ~.eesr-' ~JAJ IfGl~ VA ~(_ 3. 4. Overlay zoning (H"1, Historic Downtown Overlay District, or H-2, Historic , Neighborho9djOverlay District) of 'p rope rty(ies ) which is the subject of this appeal: 1""1 ~2. . 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 1- /3 -tJ'j , . 6. Section of the Code of the City of Roanoke under which the CertifiCate of Appropriateness was requested from the Architectural Review Bog,rd I (Section 36.2-330 jf H-1 or Section 36.2-331 if H-2): ~{;.. tl-~;] 7. 8. 9. IJbb7lr . ) , r WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of , Appropriateness be granted. ' Signature of Owner(s) (If not Petitioner): Signature of Petitioner(s) or representative( s). where applicable: .k-Y~~ Name:-do~Q 5 ~ ~I'J.~ . (print or type) /' . Name: , (print or type) Name: Name: (print or type) (print. or type) ------------~-------------------------~M---------------------______________________________________________ TO BE COMPLETED BY CITY CLERK: Received bY~OO ~ . Date: "'/~ log . I 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 Ecmail: c1erk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 3, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Thomas L. Mauney, in . connection with a decision of the Architectural Review Board at its meeting of July 9,2009, with regard to the installation of a handrail and round composite column at 517 1 ph Street, S. W. The petition was filed in the City Clerk's Office on Monday, August 3, 2009. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition,unless the property owner and the Agent to Architectural Review Board agree to an extension. Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board. With the concu rrence of Cou ncil, I will include the Petition for Appeal on the Monday, September 21,2009, 7:00 p.m., City Council agenda. Sincerely, ~tn.~~ Stephanie M. Moon, CMC City Clerk SMM:aj Enclosure L:\CLERK\DATA\CKAJ 1 \ARB APPEAL\51711 Street SW Thomas Mauney.doc Mayor and Members of Council August 3, 2009 Page 2 pc: Mr. Thomas Mauney, 517 Eleventh Street, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Thomas Carr, Director, Planning, Building and Development Barbara Botkin, Chair, Architectural Review Board, 616 Marshall Avenue, S. W., Roanoke, Virginia 24016 EricaJ. Taylor, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectu ral Review Board L:\CLERK\DATA\CKAJ1\ARB APPEAL\517 11 Street SW Thomas Mauney.doc To dbtrinkle@cox.net, Gwen Mason, Sherman. Lea@vadoc.virginia.gov, price@roanokeva.net, dabowers@verizon.net, courtrosen@gmail.com, cc Stephanie Moon bcc Subject Fw: Inner City Issues In response to Mr. Lea's three issues that staff investigate, I offer the following: ----- Forwarded by Darlene Burcham/Employees/City-oCRoanoke on 10/02/2009 01 :27 PM ----- Brian Townsend /Employees /City _of _Roanoke 10/02/2009 11 :54 AM FYI...see below To Darlene Burcham/Employees/City- oCRoanoke@City-oCRoanoke cc Subject Fw: Inner City Issues Brian Townsend Assistant City Manager for Community Development City of Roanoke (540) 853-2333 ----- Forwarded by Brian Townsend/Employees/City-oCRoanoke on 10/02/200911 :52 AM ----- Steven Buschor /Employees/City _oC Roanoke 10/02/2009 11 :09 AM To Brian T ownsend/Employees/City-oCRoanoke@City_oCRoanoke cc Subject Fw: Inner City Issues Steven C. Buschor, CPRP Director City of Roanoke Parks and Recreation Department "Nationally Accredited" Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information or otherwise protected by law. If you are not the intended recipient, please contact the sender by reply e-'mail immediately and destroy all copies of the original message. ~ 1 ----... Forwarded by Steven Buschor/Employees/City-oCRoanoke on 10/02/2009 11 :08 AM ----- Michael Clark/Employees ICity _oCRoa anoke 1 0102/2009 09: 13 AM To Steven Buschor/Employees/City _oCRoanoke@City-oCRoanoke ROANOKE cc Subject Re: Inner City IssuesffiSJ WJ\,~~<S AHO Rt!tHWAT',t)f4'~ Steve, In regard to the three issues brought up at the last City Council meeting, I offer the following: 1. Abuse - Division staff have contacted the four recreation club presidents and informed them of this allegation, insisting that they follow up with their coaches and attend practices to ensure that this does not happen. All clubs have denied the allegation and assured Division staff that children are not abused at games or practices. It should be noted that several coaches are very upset over this allegation and would like to have more specifics from the accuser. The accuser's contact information was obtained but the number had been disconnected. Division staff have periodically dropped in on practices and are present at all games. No abuse has been observed. 2. Scholarships - Parks and Recreation offers 25% and 50% scholarships for youth and therapeutic recreation programs administered by the Recreation and Youth Development Division. The award amounts are based on a sliding total household income scale used by the Department of Human and Social Services. The South City Knights Recreation Club (SCK) also administers a scholarship program. Interested parties need to submit a letter outlining their situation and need for a scholarship and the SCK Board awards a 25% or 50% scholarship based on the same criteria used by the Parks and Recreation. The referenced $50 fee is for football only. All other sports are $20 each. For several years, SCK offered youth team sports at absolutely no cost. With the downturn in the economy and the difficulty in obtaining sponsorships, modest fees were implemented. 3. Field Availability - Division staff have received a request from Inner City Athletic Association (ICM) for the use of Eureka Park and Washington Park for various days during the week. Both of those fields are in use by the Star City Recreation Club (SCR) but Division staff are working with the Football Athletic Director and the various coaches to find days and times when no teams are on those fields. Additionally, SCR gave up their permitted field at Addison Middle School to accommodate ICM. ICM has exclusive use of this field seven days a week. Also, ICM has been informed that any City field is available to them after 5:00 p.m. on Saturdays and all day Sundays. Staff will continue to work with ICM to find available fields. Please let me know if you need additional information. Thanks. * * * * * * * * * Michael Clark, CPRP, AFO I Recreation and Youth Development Superintendent Roanoke Parks and Recreation P: 540.853.1198 I F: 540.853.1287 I E: MichaeI.Clark@roanokeva.gov www.roanokeva.gov/play "A Nationally Accredited Agency" Brian Townsend/Employees/City_oCRoanoke Brian Townsend IEmployees/City_o CRoanoke 10/02/200908:21 AM To Steven Buschor/Employees/City _ oCRoanoke@City-oCRoanoke cc Michael ClarklEmployees/City- oCRoanoke@City-oCRoanoke Subject Inner City Issues Steve...those 3 matters that I discussed with you last week that were from folks coming to address City Council about 'inner-city' issues (abuse, no fee waiver, etc.), you I and or your staff were to follow up on those...haven't heard any responselfeedback on those as of yet...DLB wants to know what you found out by end of today, so she can mention to City Council/Sherman Lea on Monday. Brian Townsend Assistant City Manager for Community Development City of Roanoke (540) 853-2333