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HomeMy WebLinkAboutCouncil Actions 03-15-10 CUTLER 38742-031510 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 15, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price arrived late. The Invocation was delivered by The Reverend Dean J. Nastos, Holy Trinity Greek Orthodox Church. 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 Thursday, March 18 at 7:00 p.m., and Saturday, March 20 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.CLlCK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. The Mayor announced that the Annual Clean Valley Day would be held on Saturday, March 27 from 9:00 a.m. - 12:00 Noon. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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 01=1 REPORT TO COUNCIL. Robert Gravely (written comments received); Teresa Sutherland (written comments rec~ived); Barbara Duerk spoke about National Bike Summit 2010 (City Manager/City . Attorney instructed to draft letter requesting federal funds for p~rks and trails); and Helen Davis 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. C-1 Minutes of the special meeting of the Roanoke City Council Personnel Committee held on Wednesday, December 2, 2009 and recessed until Friday, December 11, 2009; and regular meetings of City Council held on Monday, December 7,2009 and Monday, December 21,2009. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Attorney requesting that Council convene in a Closed Meeting to discuss a matter of actual litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Clerk advising of the ineligibility of Francine L. Craven as a member of the Youth Services Citizen Board inasmuch as she is no longer a City resident. RECOMMENDED ACTION: Received and filed. 3 C-4 A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 5, 2010 at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Big Lick Pizza Company, on a month to month basis, not to exceed 12 months. RECOMMENDED ACTION: Concurred in the request. C-5 A communication from the Director of Finance recommending appointment of two alternate Roanoke Valley Detention Center Board Members. RECOMMENDED ACTION: Concurred in the request. C-6 Report of qualification of Diron C. Wirt as a member of the Fair housing Board for a term ending March 31,2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of Roanoke Neighborhood Advocates to provide an update with regard to its role with City neighborhoods. Ron McCorkle, Vice-Chair, Spokesperson. (Sponsored by Vice-Mayor Lea and Council Member Rosen) Remarks received and filed. At this point, Council Member Price entered the meeting (2:45 p.m.) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1 . Adoption of a resolution requesting federal recognition and financial support for the Interstate 81 Corridor Coalition. Adopted Resolution No. 38742-031510. (7-0) 4 2. Acceptance of a Virginia Department of Health Grant to promote prevention of unintentional injuries; and appropriation of funds. Adopted Resolution No. 38743-031510 and Budget Ordinance No. 38744-031510. (7-0) 3. Appropriation of the Western Virginia Workforce Development Board Workforce Investment Act American Recovery Reinvestment Act Dislocated Worker Program funding for Program Year 2009. Adopted Budget Ordinance No. 38745-031510. (7-0) 4. Acceptance of the "Virginia Services, Training, Officers, Prosecution Violence Against Women" (V-STOP) Grant from the Department of Criminal Justice Services; and transfer/appropriation of funds. Adopted Resolution No. 38746-031510 and Budget Ordinance No. 38747-031510. (7-0) 5. Acceptance of additional 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. 38748-031510 and Budget Ordinance No. 38749-031510. (7-0) 6. Acceptance of additional Virginia Department of Transportation funding in connection with the Roanoke River Greenway-Tinker Creek Pedestrian Bridge Project. Adopted Resolution No. 38750-031510 and Budget Ordinance No. 38751-031510. (7-0) 7. Execution of Amendment No.3 to the Roanoke Regional Airport Commission contract. Adopted Ordinance No. 38752-031510. (7-0) COMMENTS BY CITY MANAGER. The City Manager commented on the St. Patrick's Day celebration that was held on Saturday, March 13; impact of the budget reductions by the State as quoted in the Roanoke Times; and Solidarity Rally scheduled to be held on Saturday, March 21 at 12:00 noon at the Martin Luther King, Jr. Bridge in support of school funding. 5 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for 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. 38753-03510. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Cutler announced that the former City Manager, Darlene L. Burcham, was recognized at the annual dinner meeting of the Roanoke Valley Sister Cities on Saturday, March 13 at Roanoke College, Colket Student Center, Wortmann Ballroom in Salem, Virginia; and he called attention to an article to the Letter tothe Edit~r in Virginia Business publication from Joyce Waugh, President, Roanoke Regional Chamber of Commerce entitled, "Scenic views are important part of area's quality of life. Vice-Mayor Lea announced that the annual YMCA Father/Son Banquet was scheduled to be held on Saturday, March 20 at 5:00 p.m., at High Street Baptist Church. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Christopher P. Morrill, City Manager, to replace Darlene L. Burcham as a Commissioner of The Hotel Roanoke Conference Center Commission commencing March 15, 2010 and ending April 12, 2014. Recessed meeting at 3:12 p.m. Mayor Bowers left the meeting. Reconvened meeting at 3:32 p.m. CERTIFICATION OF CLOSED MEETING. (6-0, Mayor Bowers was absent.) THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 6 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 15, 2010 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Mayor Bowers was absent. The Invocation was delivered by Vice-Mayor Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Lea. Welcome. Vice-Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, March 18 at 7:00 p.m., and Saturday, March 20 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. B. PUBLIC HEARINGS: 1. Request of Daniel L. Crandall to rezone properties located at 368, 370 and 374 Elm Avenue, S. W., from RM-2, Residential Mixed Density District, to MX, Mixed Use District, for the purpose of general or professional offices. Patrick T. Fennell, Attorney, Spokesperson. Adopted Ordinance No. 38754-031510. (6-0) 7 2. Request of the City of Roanoke to adopt a resolution reallocating $1,758,392.00 of the General Obligation Public Improvement Bonds of the City authorized for issuance pursuant to Resolution Nos. 35489-080601 and 37373-041706, respectively, adopted by the Roanoke City Council; and reallocating $565,000.00 of the General Obligation Public Improvement Bonds of the City authorized for issuance, pursuant to Resolution No. 38205- 081808 adopted by City Council. Ann H. Shawver, Director of Finance. Adopted Resolution No. 38755-031510 and Budget Ordinance No. 38756-031510. (6-0) 3. Request of the City of Roanoke to amend S32-104(d), Code of the City of Roanoke (1979), as amended, to clarify the tax credit on the personal property tax on motor vehicles which use clean special fuels. R. Brian Townsend, Assistant City Manager for Community Development. Adopted Ordinance No. 38757-031510. (6-0) 4. Proposal of the City of Roanoke to lease approximately 603 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square to C. Roger Lamm, III, d/b/a Big Lick Pizza Co., on a month to month basis beginning April 1 , 2010, with terms not to exceed 12 months. R. Brian Townsend, Assistant City Manager for Community Development. (Public hearing rescheduled to be held on Monday, April 5 at 2:00 p.m., or as soon thereafter as the matter may be heard.) B. 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. Chris Craft; Dawn Rees-Blakeman (written remarks); Kelly Miller; and Stefon Walker (handout) THE COUNCIL MEETING WAS DECLARED IN RECESS AT 8:15 P.M., UNTIL MONDAY, MARCH 29, 2010, AT 1 :00 P.M., IN THE EOC CONFERENCE ROOM, ROOM 159, FIRST FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR THE PURPOSE OF CONTINUING DISCUSSION OF THE FY 2010-2011 CITY BUDGET. 8 i.l 3. Q. O.",t:A3.D.....j-.c....."" ~'.. . ! " ~~~ft.~ " .; Church Pillar of the Community b.jel A. Work Force with a Pay Scale. 1. Educate & Train to make it better and safer forthem 2. Promote and develop to motivate with initiative for them. B. Community Cleanup and buildup 3. To make it more presentable 4. To make it safer for them to live in. C. Business 5. Economical development and diversity relationship 6. To bring prosperity and growth into the city. D. Relationship with the 5th Planning District to cover other surrounding areas to make it good for all people. 7. To cover other surrounding areas 8. To make it good for all people. E. Resource to be used to help 9. To train and educate . 10. To create jobs and opportunity. F. Program to be in to incorporate other local cities Martinsville, Danville, Lychburg, New River Valley. Result community and economical improvement with understanding and laws. Impact on the area's Real Estate tax assessment growth and sales tax growth. - COMMUNITY DEVELOPMENT AND PLANNING. I. Community improvement comes with a cleaner and safer environment. It starts with people who live in the area that need help. Program with the community forums and sterms committee. Its structure to meet the needs of people who live in the areas your working families, senior citizens and individuals. The program work brings best results where its needed the most. II. The programs purpose is to create and revive the communities; also, to bring different levels of income from low income to middle income. Higher incomes already have theirs. III. The result will speak for itself, with real estate tax assessment and sales tax increase. " .' BUSINESS DEVELOPMENT AND PLANNING . I.Business Development is develope to create jobs and job opportunity in the city and communities and surrounding areas not out of corruption or politics. Mainly out of concerns of peoples needs. To strengthen the community and the nations. II. Business planning is planned with the needs of the people and people with diverse cultures and personalities. Share a common purpose with the church being the first partaker because Jesus must be first far as the Spirit thats in the community. III. Those who open a business beginning with small businesses to major corporations must i. ~',~.~ put back into the cities and communities and create jobs that will bring growth and job opportunities into the city >'.... ' '-. /" . . GODS NATIONAL PAYSCALE I 1. $12.00 per hour came out to be $23,040 per year / I 2. $13.00 per hour came out to be $24,960 per year. 3. $14.00 per hour came out to be $26,880 per year 4. $15.00 per hour came out to be $28,800 per year 5. $16.00 per hour came out to be $30,920 per year 6. $17.00 per hour came out to be $31,200 per year 7. $18.00 per hour came out to be $34,560 per year 8. $19.00 per hour came out to be $36,480 per year 9. $20.00 per hour came out to be $38,400 per year 10. $21.00 per hour came out to be $40,320 per year 11. $22.00 per hour came out to be $42,240 per year 12. $23.00 per hour came out to be $44,160 pet year 13. $24.00 per hour came out to be $46,080 per year 14. $25.00 per hour came out to be $48,000 per year )": '. .' .. .... H :., ~~~~~~~~~~~~~~~~~~~ ~~~~~~~,~~~~~~~~~~~~~~~~~ ~ ~ ~ ~ ft ft ft ft C ~ ~ ~ ~ ft ~ ft ~, ~ ~ ~ ~ ~ ~ ~ ~ ft ft ft ~ ft . '-:\:::":~,"':':\-:'-":: , .".,..-.. . -',' -"". ". '. : -~ . .~. , . . ~ ft ~ ~ ft ~ ~ ~ ft ~ ft ~ ~ ft ~ ~ ft ft ft ft ~ ~ ft ~ ~' ~ ~ ~ /~ ~ ~~~~~~~~~~~~~~~~~~~ ~~~~~E!!1~~~~~~~~~~!.il!!J~~W.!!!J~W.!!!J~~ Low-to-Moderate Income* Buyers Loan Amount: $115,000 VHDA Interest Rate:*** , 5.5% PITI (Total Monthly Payment): $~ SPARC Interest Rate (-1%): 4.5% PITI (Total Monthly Payment): ~ SPARe Monthly Savings: $70.26 Potential 30-yr Savings: $25,297.20 .-,.,,:..--.' (": ~:.' .'c pHi'<Hijr:ln~6In"'.~~iB\i'~it~-- ';', g,..., . ,...... ..... ',.. ,'.', ,.,.y " . c- "'"" ..".....'... -.,-' " -:. -', ' . - . - . . '"', - . . -. ." <," -' . . .".. . "." .'. -.. - ... . , " . " ~.--. ',' '-.-' . ,,' . [oanArriount: .'.Vf.i0A-lht~resfRcit~:f*~."" ,'p .;;"PITfiT6ti.I'Md~thl~'~iiYm~r1t)~,', SPARC.lrit~;r~~rRate'(A%)i 5% .'..,...."." / " 'PI~f..(Tc)~i,"'oi1thlypaYrnel1t): ~t'", ,.,,' .,'$f;)?\~q:M9hJhIY9avictgs:. ,.,. .,$~8.t1:.'.' ,..., ',,' 'P2tt3htial.3Q-yr Savirigs:-"f~',~3$.60 *Low-to-Moderate Income Limits: 800/0 AMI Number of Household Members: 1 2 3 4 5 6 Income Limit: $32,500 37,100 41,750 46,400 50,100 53,800 **Hiaher Income Limits: $63,000 for two or fewer in household $73,000 for three or more in household ***VHDA Interest Rate is subject to change Andrea Hager andrea@bluerid~ehousin~.com ~ ' Ph: 540-777-2777, ext. 226 ~ Fax: 540-777-2778 Blue Ridge Housing Development Corporation P.O. Box 11683 Roanoke, VA 24022-1683 FOR MORE INFORMATION: @ EQUAL HOUSING OPPORTUNITY 2:00 p.m. Comments - Spe~ker #2 " Good afternoon. My name is Teresa Sutherland, and I teach at Morningside Elementary School. As you can imagine, my peers and I have been paying very close attention to what has been going on in the General Assembly, and we are disturbed, to say the least, about the deep cuts to education, which my state senator labeled "draconian," and which councilwoman Gwen Mason likened to "a war on public education and a war on a generation of Virginia schoolchildren." Of course, not everyone feels that way, as is evident from the fact that just about every day, the paper features a letter or two to the editor which opposes the idea of a meal's tax to close the gap in funding , for education. These people don't want higher taxes; and by and large, I am with them. As a general rule, I don't want higher taxes. As a general rule, I hate it when my taxes go up. But if I must choose between that and crippling our education system, I will choose the tax. If I must choose between a tax increase and a war on education, I will opt for the tax increase; because I know that no one wins a war on education. I applaud you for taking a stand. I am grateful that you are bold and that you prioritize the needs ofthis community and its children when it is not popular but necessary. Common sense and research tell us there will be a negative effect upon student achievement if children have less access to teachers on account of being in classes which, in some cases, will have twice the number of students. Common sense and research tell us that there will be a negative effect upon student achievement if the district's breakfast program is eliminated. Studies conclude that students who eat breakfast increase their math and reading scores as well as improve their speed and memory in cognitive tests. Yes, I know what some people say; namely that children should eat breakfast at home; and they are right. Children should eat breakfast at home. When I was a child, I did. My parents saw to that. But the fact of the matter is, some parents don't and some can't; and hungry children are poor learners. In a war on education, these children are sure to lose; and inasmuch as these children are tomorrow's adults, tomorrow's parents, and tomorrow's wage earners, their children too are sure to lose; from which it follows that we will be perpetuating a generational problem of poverty and underachievement if we skimp on education. Political leaders declare that more must be invested in education. Then they cut education funds so as to reduce the deficit, and in doing that, they cut the investment that they agreed was needed for long- term growth. The United States Department of Education and President Obama have designed a Blueprint for Reauthorization of the Elementary and Secondary Education Act and it states that it will help to provide America's students with the world class education they need and deserve and to give every student a fair chance to succeed, and give principals and teachers the resources to support student success. To that I say "Amen" and "Thank you", and please provide me with those resources. Do not strip them away in order to reduce our budget. I want t~ continue to prepare my students with a world class education that President Obama says is a moral lmperative.- What we think we are saving today will be required of us tomorrow with compound interest. (J") ::s:: 0::: if: z: <( CD 0::: ::J o 8 . ~ ooxoo INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION Sup~lort the Urtlan F::e\",1. ta l.1.Zatl.on anc~ L 1. 'v' atll.e Con1n-,Un1. tl.es ,O.c:t The Urban Revitalization and Livable Communities Act (H.R. 3734 by Rep. Sires NJ) will improve the health and well-being of communities across the nation from the standpoint of economic recovery, as well as enhancing environmental values and providing safe and affordable places for recreation. H.R. 3734 authorizes $445 million to be appropriated annually for urban park and recreation agencies through federal assistance grants (which must be matched with local funds). Nearly 80 percent of the U.S. population lives in urban areas (U.S. Geological Survey, 2006), many of which are suffering from deteriorating community infrastructure, limited green spaces and poor citizen health. Urban parks can improve the health of our nation's cities and urban communities by providing convenient access to the places, spaces and opportunities that lead to increased physical activity. Options for Urban Parks and Bicycling · Urban Trails These low-cost projects can be built in small parks to provide a friendly introduction to nature and cycling for beginner bikers. Novice riders get exercise, build skills and have fun with each turn of the handlebars; as they traverse the natural world, they strengthen their muscles and build self-esteem. · Pocket Bike Parks Built on a small footprint, these parks offer facilities for engaging in structured and unstructured physical activity and connecting children to the outdoors. Just like skate parks from many years ago, more and more cities and towns are looking to build these small and inexpensive urban jump parks to give kids a place to exercise and play close to home. · Interconnected Trail Systems New connectortrails can link existing bike trails, with outlets for public transportation, schools and public housing, to create a comprehensive bike-friendly system. EXAMPLES OF READY.TO.RIDE URBAN TRAILS Laurel Hill Abandoned Prison Property (Lorton, VA) Partner Organizations: Mid Atlantic Off-Road Enthusiasts, Fairfax County Parks Dept., Trail Dynamics, B4, Ironwood Trails · Extensive weatherizing and rock armoring of trails. · Installed a new connector trail that improves access to the entire trail system. D 8 . ~ · Provides a sustainable riding option during wet winter months in the heart ofthe DC Metro area. Wissahickon City Park [Philadelphia, PAl Partner Organizations: Friends ofthe Wissahickon, Philadelphia Mountain Bike Association, Fairmount Park · Working under the guidance of the Friends ofWissahickon. · IMBA design setting the new standard for sustainable shared-use trails in densely populated urban environments. Hanson-Larsen Memorial Park Town Center [Rapid City, SO) Partner Organizations: Black Hills Mountain Bike Association, Hanson-Larsen Memorial Park Foundation, City of Rapid City, Trail Arts · Built over 8 miles of new trail, all easily accessible from the city. · Established an advanced-level freeride and jump trail in Phase 1. · Developed signs and other risk management measures. V1 ~ 0::: ct :z <C CD 0::: ~ ADDITIONAL URBAN TRAILS · South Mountain - Phoenix, Al · Woodward Regional Park - Fresno, CA · Spring Canyon Bike Park - Fort Collins, CO · Rhyolite Bike Park - Castle Rock, CO · Lyons Dirt Jump Park - Lyons, CO · Papermill Park - Newark, DE · Santos Bike Park - Ocala, FL · Virginia Key - Miami, FL · Markham Park - Ft. Lauderdale, FL · Roswell- Atlanta, GA · Eagle Bike Park - Boise, 10 · Plainfield, The Garden - Chicago, IL · Louisville, KY · Grand Rapids, MI · Kansas City, MO · Jungle Habitat Trails - Northern New Jersey, NJ · Cunningham Park - Oueens, NY · Highbridge Park - Manhattan, NY · Trexler Game Preserve - Allentown, PA · Frick Park - Pittsburgh, PA · Draper Corner Canyon - Sandy, UT · Chattanooga, TN · Memorial Park - Houston, TX · Barton Springs Greenway - Austin, TX · Big Gem Trails - Shenandoah, VA · James River Park System - Richmond, VA · Rocktown Trails at Hillandale Park - Harrisonburg, VA · Collonade Park - Seattle, WA · Duthie Hill Park - King Couny, WA For more information and to co-sponsor, contact IMBA's Jenn Dice at jenn@imba.com. ~ IMBA.com 1-888-442-4622 CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityally@roanokeva,gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L.COLLINS HEATHER P. FERGUSON ASSISTANTCrry ATTORNEYS March 15,2010 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss a matter of actual litigation, pursuant to ~2.2-3711.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, ~~.~ William M. Hackworth City Attorney WMH/lsc c: Christopher P. Morrill, City Manager Ann Shawver, Director of Finance Stephanie Moon, 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk March 15,2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise of the ineligibility of Francine L. Craven to serve as a member of the Youth Services Citizen Board inasmuch as she is no longer a City resident. Sincerely, ~h7.hJ()~ Stephanie M. Moon, CMC I 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 March 15, 2010 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: Request Public Hearing to Renew Lease for Big Lick Pizza in City Market Building Background: C. Roger Lamm, III, d/b/a Big Lick Pizza Co., has requested a lease for stall #114 and #135 which consists of 680 square feet of space located in the City Market Building. The current lease will expire March 31, 2010. Mr. Lamm has expressed a desire to continue leasing this space on a month to month lease not to exceed twelve (12) months. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on April 5, 2010, at 2:00 pm. Christopher P. Morrill City Manager Honorable Mayor and Members of City Council March 15, 2010 Page 2 CPM/c1t 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 B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant! Accounts Receivable CM 10-00052 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 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance March 15, 2010 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: Appointment of Alternate Members to the Roanoke Valley Detention Commission (RVDC) Background: The RVDC was created to renovate the twenty-one (21) bed facilitY and create an addition to the existing Detention Center. It is a public body corporation created and organized under the laws of the Commonwealth. The powers of the Commission are exercised by a six-member board appointed by the member jurisdictions as follows:. City of Roanoke (2), City of Salem (1), County of Botetourt (1), County of Franklin (1), and County of Roanoke (1). Current Situation: Ann H. Shawver, CPA, Director of Finance, and Jane R. Conlin, MSW, LSW, Director of Human and Social Services, currently represent the City of Roanoke's interest in this commission and hold the offices of Vice Chair and Secretary, respectably of the Commission. It is the desire of the member jurisdictions to appoint alternate members to the Commission for continuity of services, pursuant to the provisions of See. 16.1-316, Code of Virginia. This section permits par~icipating politic~1 ,subdivisions to appoint an alternate for each principal member of the Commission. the alternate members may attend and participate in all meetings of the commission and may vote in the absence of their respective principals. Such members and alternates, if any, shall be appointed, Honorable Mayor and Members of Council March 15, 2010 Page 2 after consultation with the Chief Judge of the Juvenile and Domestic Relations District Court, by the governing body. The term of office of all members and alternates, if any, shall be for four (4) years. The Honorable Joseph M. Clarke, II, Chief Judge of the Roanoke City Juvenile and Domestic Relations District Court, 23rd Judicial District of Virginia, concurs with this selection of alternate members and the selected appointees. Recommendation: By motion, appoint Sherman Stovall, Director of Management and Budget, as an alternate to Ms. Shawver, and appoint James O'Hare, Youth Care Administrator, as an alternate to Ms. Conlin. Sincerely, ~W~ Ann H. Shawver Director of Finance c: Honorable Joseph M. Clarke, II, Chief Judge Christopher P. Morrill, City Manager Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Sherman -M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human Services/Social Services James M. O'Hare, Youth Care Administrator Alan Hullette, Superintendent, Roanoke Valley Detention Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON"CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk March 16, 2010 James O'Hare Youth Care Administrator Youth Haven I Roanoke, Virginia Dear Mr. O'Hare: At a regular meeting of ,the Council of the City of Roanoke which was held on Monday, March 15, 2010, you were appointed as a City representative (Alternate Member) to the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." L:\CLERK\DATA\CKEWI\oath and leaving service\Roanoke Valley Juvenile Detention Center commission\Jarnes O'Hare oath June 30 2012.doc James O'Hare March 16, 2010 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative (Alternate Member) to the Roanoke Valley Juvenile Detention Center Commission. Sincerely, ~M.~ Stephanie M. Moon, CMC City Clerk Attachment . pc The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations Allen Hullette, Superintendent, Roanoke Valley Juvenile Detention Center,' 498 Corner Spring Road, N. E., Roanoke, Virginia 24012 Ann H. Shawver, Director of Finance Jane Colin, Director, Human Services L\CLERK\DA T A \CKEWI \oath and leaving service\Roanoke Valley Juvenile Detention Center commission\James O'Hare oath June 30 2012.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 fifteenth day of March 2010, JAMES O'HARE was appointed as a City representative (AI~ernate Member) to the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this second day of March 2010. ~~ m. Y"Y\{)lW City Clerk \ L:\CLERK\DA T A \CKEWI \oath and leaving service\Roanoke Valley Juvenile Detention Center commission\James O'Hare oath June 30 2012.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 March 16, 2010 Sherman M. Stovall, Director Management and Budget Roanoke, Virginia Dear M r. Stovall: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 15, 2010, you were appointed as a City representative (Alternate Member), to the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W:, prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am ,enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." . L:\CLERK\DATA\CKEWl\oath and leaving service\Roanoke Valley Juvenile Detention Center comrnission\Sherman M, Stovall oath June 30 20l2,doc Sherman M. Stovall March 16, 2010 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative (Alternate Member) to the Roanoke Valley Juvenile Detention Center Commission. Sincerely, ~ Y'r). 'h\D~ Stephanie M. Moon, CMt:-. City Clerk Attachment pc: The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations Allen Hullette, Superintendent, Roanoke Valley Juvenile Detention Center, 498 Corner Spring Road, N. E., Roanoke, Virginia 24012 Ann H. Shawver, Director of Finance Jane Colin, Director, Human Services L:\CLERK\DATA\CKEWl\oath and leaving service\Roanoke Valley Juvenile Detention Cent~r comrnission\Shennan M, Stovall oath June 30 20l2.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 fifteenth day of March 2010, SHERMAN M. STOVALL was appointed as a City representative (Alternate Member) to the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this second day of March 2010. ~ rn. htd'AJ City Clerk L:\CLERK\DA T A \CKEWl \oath and leaving service\Roanoke Valley Juvenile Detention Center commission\Sherman M. Stovall oath June 30 2012,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 STEPHANIE M. MOON, CMC @roanokeva.gov City Clerk JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk March 16, 2010 John Moorefield, Recording Secretary Fair Housing Board Roanoke, Virgiria Dear Mr. Moorefield: This is to advise you that Diron Wirt has qualified as a member of the Fair Housing Board, to fill the unexpired term of Adam Markwood ending March 31, 2013. Sincerely, ~hJ. )'101l-N Stephanie M. Moon, CMC City Clerk pc: ,Jonathan E. Craft, Deputy City Clerk L:\CLERK\DATA\CKEWl\oath and leaving service\Fair Housing Board\Diron Wilt qualif.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Diron C. Wirt, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fair Housing Board to fill the unexpired term of Adam Markwood ending March 31,2012, according to the best of my ability (So help me God). ~~ Subscribed and sworn to before me this J day'of ~L-\ 2010. S. HAMILTON, CLERK OF THE CIRCUIT COURT V , CLERK 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 Council Members M, Rupert Cutler Sherman p, Lea Gwen W, Mason' Anita 1. Price Court G. Rosen David B, Trinkle DAVIDA. BOWERS Mayor March 15,2010 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: We jointly sponsor a request of Ron "McCorkle, Vice-Chair, Roanoke, Neighborhood Advocates, to provide an update with regard to its role with City neighborhoods, ,at the regular meeting of City Council to be held on Monday, March 15,2010, at 2:00 p.m. Sincerely, ~ ;fi$O- Sherman P. Lea Vice-Mayor Court G. Rosen Council Member SPUCGR:ctw 0(Q, Roanoke Neighborhood Advocates A Dialogue with City Council Good evening members of City Council, Council appointed officers, City Manager Morrill, and citizens of Roanoke. The Roanoke Neighborhood Advocates...or RNA as many refer to us as.........would like to thank you for allowing us to come before you this evening to: . Re-introduce you ~o the RNA; . Provide you with a brief update of the state of the RNA; . Update you on the emerging neighborhood watch groups . To share with you some possibilities for the future of our city's neighborhoods. First I would like to reintroduce you to the Roanoke Neighborhood Advocates - some of whom are here with me this evening~ As you are aware, City Council adopted a Resolution in June of 2003 providing for the reconstitution of the Roanoke Neighborhood Partnership Steering Committee as the Roanoke Neighborhood Advocates. The Roanoke Neighborhood Partnership Steering Committee had been in existence since 1981 having also been created by City Council. The Resolution stated "that the City of Roanoke's future depends upon the vitality of its neighborhoods, and the Council of the City of Roanoke wishes to encourage the growth, in number and capacities, of wide varieties of neighborhood based organizations." Within this Resolution, City Council resolved that the RNA would do the following: Create, develop, implement and maintain a strategic business plan that directs the activities of the organization toward effective advocacy on behalf of the neighborhoods of Roanoke. Advise Council and the city's administration concerning existing and proposed public policies affecting the vitality of neighborhoods and neighborhood organizations Inform neighborhood-based organizations and the public of existing and proposed public policies and courses of action that support neighborhoods and neighborhood organizations; Advise neighborhood based organizations in building their organizational, administrative and advocacy capacities Oversee the administration of the neighborhood grant program, such funds granted under the neighborhood grant program to meet criteria established by the RNA Advise the Office of Neighborhood Services concerning neighborhoods and neighborhood organizations, and Assist and work in partnership with the Office of Neighborhood Services in recruitment of volunteers, outreach and support to neighborhoods and neighborhood organizations by serving as liaison to neighborhood groups, regularly attending neighborhood meetings, being involved in community projects, trainings, or other activities, and providing written feedback and recommendations about needs, events, and activities in neighborhoods. And finally.. .... oversee the preparation of an annual state of the neighborhoods report to this council that meets the requirements of the City's Vision 2001- 2020 Comprehensive Plan - which is why we are here this evening. The State of the RNA is one of change. As with most citizen-based Boards and Commissions, the RNA continues to have challenges in reaching a fuli complement of members. But we currently are at 850/0 capacity, with 11 out of a possible 13 members. . Our mission is to be a conduit for the wishes, wants, needs and desires of Roanoke's neighborhoods and neighborhood organizations and ensure that the best interests of all Roanoke neighborhoods are effectively presented. We also advocate on behalf of business organizations and non profit groups, looking for opportunities to connect the "big 3" categories of sustainability, and helping Roanoke to achieve our gQal of becoming a 'greener' city Our city's neighborhood organizations are also in an ongoing state of change. Neighborhood organizations are dynamic entities as they are always in a constant state of change and in varying stages of organization and activity. A strong neighborhood organization today can easily become a weak organization tomorrow only to become a strong organization again in the future as leadership and residents relocate to and from neighborhoods. Smaller neighborhood watch groups are being created and are sharing resources with the larger neighborhood organizations whose boundaries they reside. Since last speaking with you late last year, we have increased our neighborhood watch program by two more active groups. We now have 36 active neighborhood organizations, 15 of which are active neighborhood watch groups represented by the RNA. In addition, there exists 2 neighborhood business organizations (Grandin Village and Williamson Rd) and 4 Tenant Resident Councils (RRHA properties) As with most other volunteer organizations, neighborhood organizations continue to face a lack of volunteerism and participation in their organization's activities. We have realized the need to contact neighbors by meeting them face to face and we continue to increase our efforts to educate our neighbors about our active neighborhood organizations. We also assist neighborhood organizations to increase their capacity by funding of neighborhood self-help capacity building programs such as the Neighborhood Development Grant Program. The FY 2009 2010 NH Development Grant Program will shortly come to a close on June 31, 2010. We have just completed reviewing applications submitted by neighborhood organizations to receive funding for the FY 2010-2011 program recommending grant funding of approximately $65k to our various neighborhoods, $20k which will require your 'approval as part of the city's budget development process presently taking place. On behalf of our city's neighborhoods, I hope Council will continue to provide this funding as they have in the past for there is a large gain achieved for the small amount of funding provided. Another way the RNA is increasing our educational outreach and visibility is by our new website www.roanokeneiahborhoodavocates.ora. I hope you will find time to visit it when your schedule allows. The highest priority of our city's neighborhoods continues to center around code enforcement according to comments made by neighborhood residents in attendance at their neighborhood organization's meetings. As was mentioned in our last dialogue with you, neighborhood residents continue to voice concerns of the city's lack of adherence to our codes when they in turn are being cited to comply to these very same codes. A recent example of this was following the recent snowfall where the city was sending out reminders to citizens advising them of the city's code for removing snow and ice from 'sidewalks when the city had yet to clear the ice and snow from sidewalks adjacent to city-owned properties and bridges. The RNA reminds the city of their need to be cognizant of their responsibility for complying to the same codes as our citizens are being held accountable for. lately, with the recent changes made in the solid waste bulk pickup schedule, there have been a large number of comments received regarding the amount of trash sitting out on our neighborhood's streets. We are also hearing complaints regarding the city-provided trash cans remaining on the streets in between pick ups. Neighborhood residents are concerned not only with the amount of trash and debris being set out on our streets but the length of time it is being allowed to sit there as in many instance several weeks go by before the trash is removed. There are concerns among neighborhood residents if repeat violators of the city's solid waste code are being cited as their continued actions of violating these codes indicate they are not. These complaints usually include comments about the lack of response from the solid waste department. Having participated as an observer in Housing Court where Code Enforcement cases are heard, the RNA feels the court could better assist the city's neighborhood residents and code enforcement staff by making stronger decisions against those who repeatedly and continually violate the city's nuisance ordinances rather than to grant time extensions for these violators to come into compliance, when in some cases, these time extensions have amounted to years. In these cases, neighborhoods and neighborhood residents are forced to continue to reside next door and in neighborhoods where a property owner (or owners) continue to own property in violation of city's , Nuisance Ordinance codes. However, the RNA also understands that decisions rendered by the Court are beyond the purview of City Council and/or City Administration. The RNA understands that neighborhood residents are not fully knowledgeable of these ordinances and the process for seeking compliance to them, especially as these codes relate to solid waste and outdoor storage. Thus there exists a frustration due to one's unfamiliarity of these codes and the process of seeking compliance to them. The RNA is pleased to see the city offer another code enforcement work$hop on April 17th to help better educate our residents on these issues. In closing, Roanoke is a city of neighborhoods, and strong neighborhoods have strong neighborhood organizations. And these neighborhoods can become strong partners in helping to govern our city if we allow them to do so. Neighborhoods can off~r additional eyes and ears on our streets, and become instrumental in helping to prevent small issues from growing into large problems. But this can only happen if we listen to, and communicate with, our neighborhoods, as we all know how important communication plays into sustaining any partnership. Neighborhoods are critically important to Roanoke's future vitality as they have been in the past. If one looks back over the last 20 years of our city's history, back to the beginnings of the Roanoke Neighborhood Partnership, one quickly understands the reason Roanoke succeeded so well as a city, especially compared to other urban areas around the country, as our partnerships with one another and our neighborhoods contributed to our success. Neighborhoods in Roanoke are changing, with smaller neighborhood watch groups emerging within and with the support of stronger neighborhood organizations. But more importantly, neighborhood residents continue to meet one another, and work together for the benefit of their neighborhood, gaining leadership skills, understanding of processes, and perseverance to see problems resolved. I The 'partnership process' works - neighborhood residents partnering with businesses, schools, non-profits, faith-based organizations, city administrators, elected officials, and each other - making a difference by preserving and improving the quality of living in Roanoke's neighborhoods. When we're all connected, we are a system that flows. The goal of the RNA is to help keep it flowing. Roanoke's future depends upon our neighborhoods, and with the assistance of the RNA, neighborhoods will continue to receive the support they need to become the vibrant places for people of all ' ages, lifestyles, and income, to live, work, and play. I thank you again for allowing us to come before you this evening, and I am available for questions should you have any. Thank you! 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. CRAFr Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk March 16, 2010 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of Resolution No. 38742-031510 supporting and urging the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for the 1-81 Corridor Coalition, and sponsoring a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriation Bill. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 15, 2010. Sincerely, ~ hi. ~b<NJ Stephanie M. Moon, CMC City Clerk Attachment pc: Becky R. Meador, Clerk to the Roanoke County Board of Supervisors, electronic transmittal Krystal Coleman, Clerk'to the Board, City of Salem, electronic transmittal Darleen Bailey, Town Clerk, Town of Vinton, electronic transmittal William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Robert K. Bengtson, Director of Public Works K:\Agenda Correspondence\March IS, 2010,doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38742-031510. "-- A RESOLUTION supporting and urgmg the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for the 1-81 Corridor Coalition, and sponsoring a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. WHEREAS, the Interstate 81 Corridor ("Corridor") is a national strategically significant transportation thoroughfare through which people and goods pass by highway, rail, and aviation; WHEREAS, 12% of the nation's Gross Domestic Product flows through this Corridor, thereby contributing to a multitude of economic opportunities to communities along the Corridor, while also shielding economic downturns; WHEREAS, the City of Roanoke has long recognized that a safe, efficient and well-managed Interstate 81 highway corridor is vital to the Roanoke Valley's economy and quality of life; WHEREAS, m 2006, City Council approved a resolution endorsing and requesting the Commonwealth Transportation Board (CTB) to continue the advancement of corridor improvements, appropriately balancing freight rail, public transportation, and strategic interstate widening in a manner that will maximize the utilization and efficiency of all transportation modes along the Corridor while minimizing impacts on the environment; WHEREAS, addressing and improving environmental issues such as air quality, both current and future, and addressing and improving highway safety will benefit from inter-regional, corridor-wide and multi-state efforts; R-I-81 COlTidor.doc WHEREAS, the 1-81 Corridor Coalition ("Coalition") has been formed to collectively and constructively address' our mutual concerns and take advantage of our mutual opportunities; and WHEREAS, the Coalition has representation and perspectives from federal, state and local governments, as well as transportation, organizations from all six states in the Corridor: New York, Pennsylvania, Maryland, West Virginia, Virginia, and Tennessee. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City Council supports and urges the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for this effort, in addition to sponsorship of a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. " r: " ,f_ .....- .~ ATTEST~':' "., , (., : " 4. (t; :~:' -~, "- 1~~h1. YY\~clvV , CitY-Cl,erk. . ~ I, R-I-81 CorridoLdoc 2 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 March 15,2010 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: 1-81 Corridor Background: The City of Roanoke has long recognized that a safe, efficient and well- managed Interstate 81 highway corridor is vital to the Roanoke Valley's economy and quality of life. In 2006, City Council approved a resolution endorsing and requesting the Commonwealth Transportation Board (CTB) to coiltinue the advancement of corridor improvements appropriately balancing freight rail, public transportation, and strategic interstate widening in a manner that will rnaximize the utilization and efficiency of all transportation modes along this corridor while minimizing impacts on the environment. City Council further urged the CTB to identify and make available the needed resources to improve this corridor in a timely manner. In 2008, officials from all states in which 1-81 is located (Maryland, New York, Pennsylvania, Tennessee, Virginia, and West Virginia) collaborated to form the 1-81 Corridor Coalition to collectively and constructively address mutual concerns and opportunities. This multi-state Coalition has representation and perspectives from federal, state and local governments, as well as transportation organizations from all six of these states. Honorable Mayor and Members of City Council March 15,2010 Page 2 Locally, the Roanoke Valley Allegheny Regional Commission (RVARC) .has been monitoring the work of this Coalition. City staff has learned of an effort by the 1-81 Coalition seeking support of a joint sponsorship to obtain federal recognition for the 1-81 Coalifion as well as a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. Recommendation: City staff recommends that Council adopt a resolution urging the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for this effort, in addition to sponsorship ofa $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. ~mitted' Christopher P. Morrill City Manager CPM/ Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherm'an M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison,'P.E., PTOE, Transportation Division Manager CM 10-00049 pUlttupf Pltunk:e OFFICE OF THE COUNTY ADMINISTRATOR P.O~ BOX 29800, 5204 BERNARD DRIVE ROANOKE, VIRGINIA 240 I 8.{)798 B. CLAYTON GOODMAN,HI COUNTY ADMINISTRATOR February 15,2010 (540l7n~1004 (540) ')6},21184 cgoodman@)l'oal1okecountyva.goy The Honorable BobOoodlatle U.$,Ccmgtessman 2240 RaybufIl f101.lseOffice BtliRllng Washin.gton,; QC~Q5i5 Dear Congressman Goodlalte: Onl!ehl:ilfqf theR,o!:l,lloke Cqllll1y13o!:l,rdofSupervisors, 1 \\IClQld,liketo thalikJor youtcontiril.1ed!';upporfof the In.terstate81 l,J()rridor (1..:81) COil,Htion. Thetrallsponatlol1cotridor def'illed by IItterstateS,} offers-our communities ami citizefls.oftlle.Roanoke VaUey a tnyriad of economic opportunities alldinsulates lIsfrmu the worsf effects ofeconomib,downturris. . PleaseJinGattacll.eda resolutionaaClpIedby the ROal1.pkeCOutl.ty BQard QfSupeniisors 011 Feptuary 9, 2Q10, in sUPPl?rt'ofajointsponsprship'of$1.7milllonifl,fe<:leralft\l1ds th(()"gh the Tra,nspqrlation, 'Housing, andLJrban DevelopmentAPpropriations. aillfor'thePiscal YearZO!.l. , Again, th<lfik you JotYPurc011siderational1d leaderShip of this criticalinitiativeinsupportiT1g the requesrfor federalt(}c(jgnition ,ant! ~tlPPOi'tofthe 1-81 Corridor C(ja'I iliob. Sincerely, <:..r~.~ B. ClaytPll (]QQdI11Etn, III Gount)t Adminislrlltor Ellc]O$Ure: Resoltltion 020910S.f: CC: The Honor.ablel3ob McDotll1ell,G oyernOl\ColUnl0l1wealth of Vi r.gini a Dana Martin,Mell1ber, C(}mlnonwettlth TrallspoftatibllBoard, Salem. District RO<lnokeCounty BOllrdofSl1pervi~or.s The HQl10rable DavidJ3owers, Mayor, City of Roanoke The/H(nlpr~ble RaMy Foley, 1\l1a)'or, Cit)' of Salem Thl:iHql1()rablel3radJey E, Gl'ose,Mayor, To\vnof VintO!1 aunt\! of aannke OHICr:. O.F THE COUNTYADMINISTRATOR P.Q. BOX29800, 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018.0798 February 15,2010 TEL: (540) 772-2004 (540)561-2884 cgoodman@roanokecotllltyva.gov 13, CLAYTON GOODMAN, m COUN1YADMINISTRATOR The Honorable Mark Warner U .$.,Selllltor 45,9 Russel/Senate Office Bullding Washington, DC 20510 Dear Senator WameI': " On,behalfofthe RoanokedCountyBoar!:iofSupeI'visQrs, I would like to thank for yourcOl'ltinuedsllpportof' the InterstateSl COli'idor(I-81 JCoalition. Thetransportation~orriaor definedl:\y li1terstate8IofferfSour cornmunitiesand citizens;ofthe Roanoke VaHeya,myriadofeconomic opportl1nities and insulates lIS from the \votst.effects,.ofetonorriic., d()wnfun1s. please find attached a resolution adopted by the Roanoke County.l3oard QfSupervisors.on FebrUl1I)' 9,2010, in sUPPOrl6fajoiI1tsponsorshipof $1 .7 million in federal fundSthrough the rransportatkm, Housing, and tJ.rban DeVel9pmentAppropriations Bill for the Fiscal Year 2011. Again, thl:U1k you for yourcon~iderational)dJ~aqershipoftl'lis critii::alinitlative in. s\\pporting thereql.lcstlor federal recognition and support of the 1-81 Corridor Coaliti()Il, Sincerely, C.l~~ B.c:lilytooGooclmM,lll County, Admin istrator Enclosure: Resoliitioh 020910-5.f. 'Cc: .the Honorl;1ble Bob MC[)9pnell, Govcmor, Commonwealth ()f'Virginia Dana Martin, Member, Commonwealth Transportation Board, Salem District Roanoke County Board of Supervisors rhe'HonoI'able David Bowers,Mayor,GityofRoanoke TheH()l1ol'ableRand)" Fqley, Mayor, City of Salem TheHonorabieBradleyE. Orose, Mayor, Town of Vinton (fl:rtunf\1 ltf~nltkt OFElCEOFTHECQUNT'YADMINIST'RATOR P.Q. nox 29800,5.204BER,NARDDRlVE ROANOKE. VU{GINIA24QI$":l,}'l98 I:~I:.: ," (5~iQ!77.2-20Q4 FAX: (5401561-2884 ti$ciilol1'lan@ro3J1u!(ecUUiltyVil;gciv B. CLAY'TONGQqOMAN,}II CPUNTYAI)lvttNISTRATOR February 15,2010 The BOl1(wableJim ,Webb u.s. Senator 248 Rtissell Senate Qffi~e Building Wasningtim.,.Qc'ZOSJ'O Dear Sel1aforWebb: On behalfprthe Roano!<eCpunl)i Bo~dQfSI1~rvi$()ts. lwotilal.u~~w ibank fOT)'(jurcontirtued SUpPottOf the Interst~~81 C(j1'l'iclor(I'f~lJ Cpatitiqp, The lrat:!$}J(jrtadohcQl'!'idor dtillneclby 111~ers!flt~Srqerersour communiclesand citizens of the Roanoke Valley a myriad of economicopportunities..and insrilatesusfrom the worst effects of ecol1omicdowntums.. Pleas~find attaClled a resolUtjonacli:>ptecl,py the Roapok~CotintyI3'Qardi:>fStlJ.1(;)i'yisors ollFeprtlary9,:2010, in support..()fajolltt'sponsorship '()f$I.'1milli{jhih, Ieael'al'fu1'lds 't1ltOllgh thel'ransportation.,HQl.lSing,and .,t.l.l'ban Development ApPl'opriations.BillfortheF'iscalYear2011. Agllin, than !<. YQu fOfYPl.lrcortSi(ieratiQl1and1MdershipofthIs critical' initiatiye iii $upp()rlingJherequestf()1~ fedetalJ'ec()g1'liti()nand~upp()tt()f ~hel~81 CorridQl' Coalition, Sincerely, C:l~,~ a. Clayton Goodman, III CoUtit)'",L\dmb:tistraror Enclosure:,R.esolution ,0209'l.O-5;f. Cc: ThI:~FI()l1orableBQb McDofiliell, Govemor,COnirnollWealthofVil'gioia DIlfl8 Jvtanit1, Meulqer,Coltll'llpnWealth Transportatiol1 Bp<ll'd, ,Saleml)iwi(';t RpIDlQKe"Collnty Board',of$uPervisprs The HOTlOlf\bleDavid J3ower~,Mayor.Cit)' of Roanoke The HbnombleRandyFoley, Mayor, City of Salem The HonorableBl'M.leyE.Grose., M~yor, ToWn pfVhitO/1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9,2010 RESOLUTION 020910-5.1 REQUESTING FEDERAL RECOGNITION AND FINANCIAL SUPPORT FOR THE INTERSTATE 81 CORRIDOR COALITION WHEREAS, the Interstate 81 Corridor is a national strategically significant transportation thoroughfare through which people and material goods pass by highway, rail and aviation; and WHEREAS, the nature of the thoroughfare offers many collective opportunities but also presents many challenges and issues; and WHEREAS, 12% of the nation's Gross Domestic Product flows through this Corridor thereby contributing to a multitude of economic opportunities to communities along the Corridor while also shielding economic downturns; and WHEREAS, the 1-81 Corridor Coalition has been formed to collectively and constructively address our mutual concerns and take advantage of our mutual opportunities; and WHEREAS, the Coalition has representation and perspectives from federal, state and local governments, as well as transportation organizations from all six states in the Corridor: New York, Pennsylvania, Maryland, West Virginia, Virginia and Tennessee. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors hereby urges the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for this effort, in addition to sponsorship of a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution; and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COpy TESTE: ~~~JS{ Clerk to the oard of Supervisors cc: B. Clayton Goodman III, County Administrator Page 20f2 ut;5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. ,-No. 38143~0315]:0. A RESOLUTION authorizing acceptance of the Virginia Department of Health grant to the City of Roanoke, by the Virginia Department of Health, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, on behalf of the City to accept from the Virginia Department of Health, a grant in the amount of$9,980, with no matching funds required, from the City, so that the Roanoke Fire-EMS Department can purchase the Sparky's Hazard House to be used to teach seniors and children the importance of fire and life safety, such grant being more particularly described in the letter of the City Manager to Council dated March 15, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Health in connection with the acceptance of the foregoing grant. ATTEST:. ., I: " ..~M,~ \'~/, City Clerk. ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38744-031510. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Health for the purchase of fire safety educational materials, 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 Publications and Subscriptions 35-520-3348-2040 Revenues Fire Safety Educational Materials FY10 35-520-3348-3348 $ 9,980 9,980 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: r , ~.fr\.h\~ ~, 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 March 15, 2010 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: Virginia Department of Health Grant Acceptance Background: In 2009, the Virginia Department of Health made a grant available to local agencies to promote the prevention of unintentional injuries. This grant was applied for by Roanoke Fire-EMS to fund a fire and life safety initiative targeting the senior citizen population. Senior citizens, along with children under the age of 5, are most likely to die in a house fire. Roanoke Fire-EMS proposed a project that would use the Sparky's Hazard House to teach seniors about the importance of fire and life safety in the home. This table top teaching tool is a house that shows hidden and obvious fire and safety problems in a two-story home. This public education tool can also be used to teach children fire and life safety. It also has an Emergency Management module to teach our community how they could stay safe during a natural disaster, such as a tornado. The Virginia Department of Health has awarded Roanoke Fire"EMS funding totaling $9,980 to purchase the Sparky's Hazard House. This grant does not require matching funds. Considerations: City Council action is needed to formally accept and appropriate these funds, and establish revenue estimates in account 35-520-3348-3348 and expense estimates in account 35-520-3348-2040. City Council action is also needed to allow the City Manager to sign any grant contracts as deemed necessary. Honorable Mayor and Members of City Council March 15, 2010 Page 2 Recommended Action: Accept the grant as described above and adopt the accompanying resolution authorizing the City Manager to execute any required grant agreements or. documents, such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate for funding of $9,980 in account 35-520-3348-3348 and establish an expenditure account totaling $9,980 in account 35-520-3348-2040. Respe(ff l) sub, itted, ;/ '// / Christopher P. M City Manager CM:TB c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget David Hoback, Fire-EMS Chief CM10-00050 ", (, : 't' o ,~ . ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38745-031510. AN ORDINANCE to appropriate additional funding from the Federal government's American Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia for the Workforce Investment Act (WIA), amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this orpinance. 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 ARRA WIA FY09 Administrative - Contract Svcs ARRA WIA FY09 Dislocated - Contract Svcs Revenues ARRA WIA Grant FY09 35-R09-0943-8057 35-R09-0945-8057 17,883 160,944 35-R09-0943-2914 178,827 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,.YY\()~ i~: CIty Clerk. ~ -: , .' t' ~ " ^ 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 March 15, 2010 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: Funding for Western Virginia Workforce Development Board Work-Force Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient 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 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 March 15,2010 Page 2 The Western Virginia Workforce Development Board has received Notice of Obligation (NOO) from the Virginia Community College System (VCCS), allocating $178,827 for the American Recovery Reinvestment Act Dislocated Worker Program which serves workers laid off from employment through no fault of their own for Program Year 2009 (February 17, 2009, toJune 30, 2011). Ten percent of the aforementioned amount is 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 American Recovery Reinvestment Act Dislocated Worker Program funding of $178,827 for Program Year 2009 and appropriate the funding, in Contract Services 3 5-R09-0945-805 7 of $160,944 and in Contract Services 35-R09-0943-8057 of $17,883 established in the Grant Fund by the Director of Finance. Establish corresponding revenue estimates in the Grant Fund as well. Z?1P~ Christopher P. Morrill 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 Jane R. Conlin, Director of Human Services CM 10-00045 Ui6 I" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38746-031510. A RESOLUTION authorizing acceptance of the V -STOP Grant made to the City o fRo anoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf oftpe City. BE IT RESOLVED by the Council of the City 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 V-STOP Grant in the amount of $30,948, with a local match from the City of$10,316, to employ the Police Department's full-time non-sworn Domestic Violence Specialist. The grant is more particularly described in the letter of the City Manager to Council dated March 15, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any documents setting forth the conditions ofthe 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: < V L _rr -' ' \-v'\ ~Qr'I.YYl()~ \~'~ City Clerk. ' \..- ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38747-031510. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant (VSTOP), 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, Regular Employee Salary ICMA Retirement FICA Medica/Insurance Dental Insurance Life Insurance Disability Insurance Revenues VSTOP Grant CY201 0 - State VSTOP Grant CY201 0 - Local 35-640-3318-1002 35-640-3318-1115 35-640-3318-1120 35-640-3318-1125 35.,640-3318-1126 35-640-3318-1130 35-640-3318-1131 $ 28,343 5,231 .2,565 4,560 280 275 10 35-640-3318-3318 35-640-3318-3319 30,948 10,316 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.h1~ :.' '.. - , City Clerk. \ __.'; I U'>: j" i:;J.r! ,'.i:-; CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www,roanokeva,gov March 15, 2010 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: Police Department Domestic Violence Program 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 program, "Virginia Services, Training, Officers, Prosecution Violence Against Women" (V-STOP), has funded the establishment of a Domestic Violence Unit within the Police Department since 1999. The Domestic Violence Unit collects and interprets relevant domestic violence offense data which allows proactive case intervention and cultivation of the cooperative working relationships with clients and service/adjudication agencies. The program produces more equitable victim-offender criminal justice dispositions related to domestic violence offenses. On January 6,2010, DCJS awarded the Police Department $30,948 to employ its full-time, non-sworn Domestic Violence Specialist, thereby allowing continuance of the Domestic Violence Unit in calendar year 2010. The required City cash match is $10,316. Honorable Mayor and Members of City Council March 15,2010 Page 2 Recommended Action: Accept the V-STOP grant described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as is approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for State grant funds of $30,948 and local cash funding of $10,316, to transfer funding in (the amount of $10,316 from 35-300-9700-5415 to provide the local match funding, and to appropriate total funding of $41,264 in accounts to be established in the Grant Fund as follows by the Director of Finance: Appropriation: DescriPtion Account Amount Regular Employee Salaries Retirement FICA Medical Insurance Dental Insurance kife Insurance Disability Insurance 1002 111 5 1120 1125 1126 1130 11 31 $ 28,343 5,231 2,565 4,560 280 275 10 TOTAL $41.264 ubmitted, ristopher P. Morrill City Manager CPM:tlh c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City f\i1aHag~f'fb!r. CoitHnunity Development Sherman M. Stovall, Director of Management and Budget A. L. Gaskins, Chief of Police CM10-00038 {JJL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of Marc~, 2010. No. 38748-031510. A RESOLUTION authorizing the acceptance of additional funding 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 and 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 Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible TANF recipients, in the additional amount of$78,166, to extend the current program from June 30,2010, until September 30, 2010, as set forth in the City Manager's letter to Council dated March 15, 2010, is hereby ACCEPTED. 2. The City of Roanoke shall be authorized to be the primary fiscal agent for 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 of these funds, and to furnish such additional information as may be required in connection wjth the City's acceptance of these additional grant funds. All such documents shall be approved as to form by the City Attorney. ,- AtTEST: . ~rn. n-.o~ .- "CIty Clerk. - / ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38749-031510. AN ORDINANCE to appropriate additional 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. 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 Fees for Professional Services 35-630-8861-2010 Revenues SWV A Regional Employment Coalition FYi 0 35-630-8861-8861 $78,166 78,166 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A TTEST::- 0 -. /'. -_.:--- .~.h1.n-ro.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 March 15, 2010 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: 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 (TANF) Participants grant from the Virginia Department of Social Services (VDSS) in the amount of $78,166. The agencies named have formed the Southw~st 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. In September 2009, City Council approved funding for the Employment Advancement for Temporary Assistance to Needy Families (TAN F) Participants grant in the amount of $256,934 for use from October 1, 2009, to June 30, 2010. This additional $ 78,166 has been made available in order to extend the current program until September 30, 2010. Honorable Mayor and Members of City Council March 15, 2010 Page 2 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: Accept the grant and 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. Adopt the accompanying budget ordinance to increase the revenue estimate account #35-630-8861-8861 by the amount of $ 78,166 and to appropriate in account #35-630-8861-2010 in the same amount. '- Respectfully submitted, ~~ fJ. 7J&wft Christopher P. Morrill City Manager CPM:tem 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 Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human Services eM 1 0-00040 p-:(, 'IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010.: No. 38750-031510. A RESOLUTION authorizing the acceptance of additional Virginia Department of Transportation (VDOT) Enhancement Grant funding and federal Open Container Grant funding for the Roanoke River Greenway and Tinker Creek Pedestrian Bridge Project; authorizing the City Manager to execute a Revised Appendix A to the City's Roanoke River Greenway Project Agreement with VDOT; and authorizing the City Manager to provide any additional information, execute any necessary additional documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned additional Grant funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the additional VDOT Enhancement Grant funding in the amount of $250,000, which requires a local match in the amount of $62,500, for the Roanoke River Greenway and Tinker Creek Pedestrian Bridge Project, all as more particularly set forth in the City Manager's letter dated March 15,2010, to this Council. 2. The City of Roanoke hereby accepts the additional federal Open Container Grant funds from VDOT in the amount of$I,300,000, which requires no local match, for the Roanoke River Greenway and Tinker Creek Pedestrian Bridge Project, all as more particularly set forth in the City Manager's ietter dated March 15, 2010 , to this Council. 3. The City Manager is hereby authorized to execute a Revised Appendix A to the City's Roanoke River Greenway Project Agreement with the VDOT, in a fonn substantially similar to the R-VDOT Tinker Cre,ek funds,doc 1 one attached to the City Manager's letter referred to above, and any other documents necessary to accept the above mentioned additional grant funds, such documents to be approved as to form by the City Attorney. 4. The City Manager is further authorized to provide any additional information, to execute any necessary additional documents, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer the additional VDOT Grant funds mentioned above, any such additional documents to be approved as to form by the City Attorney. ATTEST: ~~M.~~ City Clerk. \', R-VDOT Tinker Creek funds,doc 2 9~ The 15th day of March, 2010. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No. 38751-031510. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from the Comprehensive Greenway Trail project and the Dumas Center T-21 Grant to the Roanoke River GreenwaylTinker Creek Bridge 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 State Grant Funds Appropriated from General Revenue Appropriated from State Grant Funds . Appropriated from General Revenue Revenues Dumas Center TEA21 Grant Roanoke RiverlTinker Creek Bridge TEA21 Grant Federal Transportation Enhancement Grant - Roanoke RiverlTinker Creek VDOT Open Container Funds - Roanoke RiverlTinker Creek Bridge 08-530-9825-9007 08-620-9200-9003 08-620-9200-9007 08-620-9753-9003 08-530-9825-9806 08-620-9200-9201 08-620-9200-9202 08-620-9200-9203 $ ( , 190,000) 130,200 1,550,000 ( 130,200) ( 190,000)' 190,000 60,000 1,300,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 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 March 15,2010 Honorable David A. Bowers, Mayor Honorable Shennan 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: Additional VDOT Funding for the Roanoke River Greenway-Tinker Creek Pedestrian Bridge Project Background: Federal Transportation Enhancement funds in the amount of $250,000 were allocated to the Historic Hotel Dumas project. The Hotel Dumas project was undertaken by Total Action Against Poverty (TAP) with the City serving as the fiscal agent. The Virginia Department of Transportation (VDOT) advised TAP by letter dated December 2, 2008 (letter attached), that the Hotel Dumas Project was ineligible to receive reimbursement from the grant funds because work on the project was initiated without prior authorization and without public advertisement for bids. The VDOT staff has recommended, and the Cornmonwealth Transportation Board has concurred, that the unused grant funds be transferred to another active enhancement project in the City of Roanoke. The $250,000 Enhancement Grant funding requires local matching funds in the amount of $62,500. City Council approval is needed to accept this additional Grant funding, authorize an Amendment to the Roanoke River Greenway Project Agreement with VDOT (a copy of a Revised Appendix A showing these additional funds is attached to this letter), and appropriate the subject funds to the appropriate account. Local matching funds are available in the Comprehensive Greenway Trail account (08-620-9753). Honorable Mayor and Members of City Council March 15, 2010 Pag e 2 In addition, the Roanoke River Greenway/Tinker Creek Pedestrian Bridge Project has been recently awarded $1,300,000 of federal Open Container funds by VDOT. These funds do not require a local match. City Council approval is needed to accept the additional Open Container grant funds and authorize an Amendment to the Roanoke River Greenway Project Agreement with VDOT (Revised Appendix A referred to above also reflects these additional grant funds), and appropriate the subject funds to the appropriate account. In summary, the Roanoke River/Tinker Creek Greenway Pedestrian Bridge project has received a total of $1,094,000 in Enhancement Grants, requiring a local match in the amount of $273,500; federal ARRA funds in the amount of $1,400,000; and federal Open Container funds in the amount of $1,300,000; and City funds in the amount of $67,700 for a total project allocation of $4,135,200. Recommendation: Accept the additional $250,000 Enhancement Grant Funding from VDOT, which requires a local match in the amount of $62,500, as mentioned above and appropriate such funds as set forth below. Accept the additional $1,300,000 of federal Open Container grant funds from VDOT as mentioned above and appropriate such funds as set forth below. Authorize the City Manager to execute a Revised Appendix A to the Roanoke River Greenway Project Agreement with VDOT in a form substantially similar to the one attached to this letter, and approved as to form by the City Attorney. Authorize the City Manager to provide any additional information, execute any necessary documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above funding. Appropriate $60,000 in Enhancement Grant Funding originally awarded to the Historic Dumas Hotel to the Roanoke River/Tinker Creek Pedestrian Bridge Project (account 08-620-9200) and establish a revenue estimate in the same amount. (VDOT award letter is attached). Transfer funds in the amount of $190,000 from Dumas Center T-21 Grant NC (account 08-530-9825) to the Roanoke River/Tinker Creek Bridge project (account 08-620-9200). Appropriate $1,300,000 in VDOT Open Container funds, to Roanoke River/Tinker Creek Bridge (account 08-620-9200) and establish a revenue estimate in the same amount. Honorable Mayor and Members of City Council March 15, 2010 Page 3 Transfer $62,500 from Comprehensive Greenway Trail (08-620-9753) to Roanoke River/Tinker Creek Bridge project (account 08-620-9200) for local match funds to the $250,000 originally awarded to Historic Dumas Hotel project. Transfer $67,700 from Comprehensive Greenway Trail (08-620-9753) to Roanoke River/Tinker Creek Bridge project (account 08-620-9200) for local fund contribution to the project. ' Christopher P. Morrill City Manager Attachments CPM/PCS/lmb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations R. Brian Townsend, Asst. City Manager for Comm'unity Development Robert K. Bengtson, Director of Pubic Works Philip C. Schirmer, City Engineer Steven C. Buschor, Director of Parks and Recreation Sherman M. Stovall, Director of Management and Budget Mark D. Jamison, Manager of Transportation Division CM 10-00046 Project Number: EN03-128-129, PEI01, CSOl (UPCs 72180 & 93201) Locality: City of Roanoke Project Name: Roanoke River Greenway Project Narrative Scope: Design and construction oftwo segments of the Roanoke River Greenway in the City of Roanoke: from Wasena Park to Ghent Pat'k, and a bridge connection to the Tinker Creek Greenway. Locality Project Manager Contact Info: Donnie Underwood, City of Roanoke Parks Planner, 210 Reserve Ave, SW, Roanoke, V A 24106, (540) 853- J 166 Department Project Coordinator Contact Info: Anthony Ford, P.E., VDOT Salem District Enhancement Coordinator, 73 J Harrison A venue. Salem, V A 24153, (540) 378-5040 Project Costs and Reimbursement I'll asc Estlmllted Project Estinl.'ltcd Eligible Esti IIUlted Eligible VDOT Estimated Reimbursement to Costs (All Phases) 1)l"Oj I~d Costs J'roject Expenses Locntity l'rcliminalY Engineering $472,300 , ' '> ,.... ,.',.'.., >, ' .':: Rlght-ot:Way & Utilities $240,000 , ,. '..'..' """"..,.,,,. ,. .:::. ",: : :.',..., Construction $3,422,900 . :, , ','>".". :' 0:7" .." .,.,'.",,' Total Estinmted Cost $4,135,200 $4,067.500 $15,000 $3,779,000 Appendix A TOlal Maximum Reimbursement b)' Locality to VDOT N/A Totnl Maximum Reimburscmcnt by VDOT to Locality $3,794,000 (may be reduced by eligible VDOT project expenses) Project Financing A B C D E F Federal Transportltion FedernJ ARRA Federal Open Local Funds Aggregate Allocations EnluUlcement (80%) LoC<l1 Match (20%) Enhancement Conllliner Funds (100%) Funds (100"10) (100"10) (A+B+C+D) + E r $1,094,000 $273,500 $1,400,000 S 1,300,000 $67,700 $4,135,200 Program and Project Specific Funding Requirements This agreement amendment transfers $250,000 in Transportation Enhancement funding from the City of Roanoke's cancelled Hotel Dumas Project (UPC 70300) to the City of Roanoke's Roanoke River Greenway project (UPC 72180). This project will be administered in accordance with the "Enhancement Program Procedure Manual" and the "Guide for Local Administration of Virginia Department of Transportation Projects". Any expenses above the combined federal (80%) and local (minimum 20% match) will be at 100% project sponsor cost. 100% of eligible VDOT project expenses will be recovered as tollows: · 20% will be deducted from reimbursement requests. · 80% will be deducted from the Federal Enhancement allocation amount. Any additional ineligible items identified throughout project development will not be reimbursable, For Transportation Enhancement projects, the LOCALITY shall maintain the Project, or have it maintained, in a manner satisfactory to the Department or its authorized representatives, and make ample provision each year for such maintenance unless otherwise agreed to by the DEPARTMENT. SERP is not required tor Enhancement projects. February 2010 Appendix A VDOT will assist with the Environmental Document preparation at the rcquest of the project sponsor. Any state/federal water quality permits remain the responsibility ofthe pr~;ect sponsor. This project is funded in whole or in part with ARRA (stimulus funds), Compliance with the reporting requirements of ARRA sections 902 and 1515 (a) in the manner prescribed by the Department is mandatoI)'. The Locality also agrees to include the special contract provision, provided by VDOT, in any contract agreement for ARRA projects. ARRA (stimulus funds) will be reimbursed to the project sponsor for construction costs only unless otherwise indicated and approved by VDOT's Local Assistance Division in advance. ARRA funds will be tracked under UPC 93201. The project costs eligible for ARRA funds will be reimbursed at 100% less any eligible VDOT project expenses. In accordance with eTB policy, the project must be completed and the $1,094,000 Enhancement allocation expended by May 16,2011 or the project may be subject to de-allocation. The completion deadline has been extended to accommodate 2006 and 2008 funding. This attachment is ccrtitied and made an official attachment to this document by the parties of this agreement Authorized Locality Official date VDOT Enhancement Program Manager date February 2010 ~ COMMONWEALTH of VIRGINIA DAVID S. EKERN, P.E. COMMISSIONER DEPARTMENTO~TRANSPORTAnoN 14D1 EAST BROAD STREET R1C1fIolOND. VIRGINIA 2321 902000 December 2, 2008 Mr. Ted Edlicb, President Total Action on Poverty P.O. Box 2868 Roanoke, VA 24001 Subject: Transmittal of Federal IDghway Administration's Response to Appeal City of Roanoke, H"moric Hotel DI.m18S Enhancement Project ProjectEN03-l28-102, CSOl (upc 70300) Dear Mr. Edlich. Please find attached. the Federal Highway Administration's (FHW A) response to the Department's 81281081etter requesting approval for the fedeca1 cons1ruction authorization and reimbwsement of costs for work completed On the Historic Hotel Dumas project. FHW A has confirmed that the work completed on tbe Hotel Dumas project is ineligtble for reimbun;ement with federal TransportatiOn Enhancement funding because tbe work was initiated without prior authorization. and without. public advertisement for bids. In addition, FHW A has rej~ VDOT"s appeal under 23 CPR 1.9, and confirmed that the Procurement used on this project does not meet the requirements of the "Common Rule". While not the decision you desired, we hope you recognize the,importancc of consistency in administering federal programs and that our Enhancement Coordinators are a'Vailable 88 a resouroe to provide guidance and answer questions to avoid situations like this in the future. Sincerely, 4aA.~ Reta R. Busher ChiefFinanoiat Officer Attachment co: Mr. Mark Jamison, City of Roanoke Transportation Manager v" The Honomblc Pierce Homer, Virginia Secretary of Transportation Mr. Gregory Whirley, VDOT Chief Deputy Commissioner Mr. Richard Caywo~ Salem District Administrator Mr. Michael Estes, VDOT Local Assistance Division Director ~ 1"~U;;6' ~o;-l r.nv MANAGER'S OFRCF= ' COMMONWEALTH of VIRGINIA GREGORY A. WHIRLEY ACTING COMMISSIONER DEPARTMENT OF TRANSPORTATION , 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219.2000 June 15, 2006 Mr. Dick Rok.ers Total Action Against Poverty PO Box 2868 Roanoke VA '24001 SUBJECf: Enhancement Program -Dumas Center for Artistic and Cultural Development Dear Mr. Roaers: Congratulations! On May 17, 2006 your application for Enhancement Program funds was approved by the Commonwealth Transportation Board in the amount of $60,000. Meetings will be held this fall in several different areas of the state to discuss necessary steps for implementation of your enhancement project. You will receive Ii notification of those meetings once they have been scheduled. ., Please do not expend. any funds or initiate any phase of your project, for which you wish to be reimbursed, until you are authorized in writing to do so. Since this is a federally funded program, starting any project activities before securing proper authorization would jeopardize federal participation in the entire project. The next deadline for Enhancement Program applications is November 1, 2006. If you wish to be considered for additional funding, a new application must be submitted by that date. Previous applications will not be reconsidered. If you have any questions about your current application, recent selections, or need infonnation about the next application cycle, please contact the Enhancement Program Staff at 1-800-444-7832. OOy~~ TRANSPORTATION EXCELLENCE , .. 1 906 2 0 0 5 fr" Q ." Thank you for your interest in Virginia's Enhancement Program. Sincerely, 02.0-uL Cc: crn Member -Dana M. Martin District Administrator Resident Administrator Michael W. Gray Darlene Burcham WE KEEP VIRGINIA MOVING 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, CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T, WEBB Assistant Deputy City Clerk March 16,2010 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of Ordinance No. 38752-031510 authorizing the City Manager to execute Amendment No. 3 to the Roanoke Regional Airport Commission Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County and the Roano~e Regional Airport Commission, upon certain terms and conditions. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 15, 2010. Sincerely, ~~m.~bu-.J Stephanie M. Moon, CMC ' City Clerk Attachment pc: Becky R. Meador, Clerk to the Roanoke County Board of Supervisors, electronic transmittal Cathy Pendleton, Secretary, Roanoke Regional Airport Commission, electronic transmittal William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance K:\Agenda Correspondence\March 15, 2010,doc ~,Q C-:y ~ v. OJ bY IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38752-031510. AN ORDINANCE authorizing the City Manager to execute Amendment No, 3 to the Roanoke Regional Airport Commission Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission have requested t.o amend certain terms and conditions contained in an Agreement dated January 28, 1987, among such parties and to have such terms and conditions set forth in an Amendment No.3 to the Agreement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, Amendment No.3 to the Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission, or an agreement substantially the same as Amendment No.3 as attached to the City Manager's letter dated March 15,2010, to this Council, upon the terms and conditions as more particularly set forth in such letter to this Council, and the copy of Amendment No, 3 attached thereto. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, any and all other such documents as are necessary to effect Amendment No.3 to the Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission, O-Amendment No, 3-Airport Commissiol1,doc j 3. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: , / , ~'~ ~" . " ~ ;., -- M,'~a~ \'~:City Clerk. ~ O-Amendment No.3-Airport Commission.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 March 15, 2010 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 No.3 to the Roanoke Regional Airport Commission Contract Background: In 1987 the City of Roanoke entered into a 40 year contractual agreement dated January 28, 1987 ("Agreement"), with the newly established Roanoke Regional Airport Commission and Roanoke County. The Agreement provides for and controls the relationship between the City of Roanoke, the Roanoke Regional Airport Commission, and Roanoke County. Subparagraph B of Section 21, Personnel, of the Agreement requires that the City provide "crash, fire and rescue serviCes through personnel assigned to Fire Station NO.1 0". Considerations: Subsequent to the execution of the Agreement, the City sold to the Airport Commission Fire Station No. 10 and allocated funds received from that sale to help with the construction of a new Fire-EMS station on Williamson Road and the purchase of land on Melrose Avenue on which to construct a new Fire-EMS station. The new Fire-EMS station on Melrose Avenue is under construction. With the opening of the Williamson Road station the Roanoke Fire-EMS Department reassigned one pumper and one ambulance from Fire Station No. 10 to the new Williamson Road station. This move left only those personnel dedicated to Airport firefighting assigned to Fire Station No.1 O. Honorable Mayor and Members of City Council March 15,2010 Page 2 The Airport Commission has contracted for certain aircraft, rescue and firefighting services with a private company contingent upon the City and Roanoke County entering into an agreement that provides for a mutual aid agreement and deletes subsection b of section 21 of the Agreement. This amendment will-result in a reduction of both revenues and expenditures in an approximately equivalent amount. These changes will be incorporated into the City's FY11 recommended budget to be presented to City Council in April. Recommended Action: Authorize the City Manager to execute, and the City Clerk to attest Amendment No.3 to the agreement dated January 28, 1987, with the Roanoke Regional Airport Commission and Roanoke County such Amendment No. 3 to be approved as to form by the City Attorney, and authorize the City Manager to execute whatever other documents as may be necessary to effect Amendment No.3. submitted, her P. Morrill City Manager CPM:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance CM 10-00051 030810 Final AMENDMENT NO.3 TO ROANOKE REGIONAL AIRPORT COMMISSION CONTRACT THIS THIRD AMENDMENT TO THE ROANOKE REGIONAL AIRPORT COMMISSION CONTRACT is entered into this _ day of _' 2010, by and among the City of Roanoke, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "City"), Roanoke County, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as "County"), and the Roanoke Regional Airport Commission, a body corporate (hereinafter referred to as "Commission"): \ WITNESSETH WHEREAS, by contract dated January 28, 1987 (hereinafter referred to as "Contract"), City, County, and Commission intended to effectuate the purposes of the Roanoke Regional Airport Commission Act, Chapter 140, 1986 Acts of the Assembly (hereinafter referred to as the "Act"); and WHEREAS, the parties have previously amended the Contract, by amendment dated December 6, 1996, to reduce the number of passenger surveys required and modify the date the Commission's budget is due, and by amendment dated July 8, 2005, to revise certain provisions related to Fire Station NO.1 0 after purchase of the station by the Commission,; and WHEREAS, with the knowledge of the City and County, in 2005 the Act was amended to change the date for submission of the Commission's operating and capital budgets to prior to March 31 of each year, and the parties desire to amend the Contract to reflect such change; and WHEREAS, the parties also desire to amend the Contract to terminate the City's obligation to provide Aircraft Rescue and Fire Fighting services (previously known as "crash, fire and rescue services"), while providing for familiarity training and mutual aid by all three parties for occurrences related to aircraft emergencies; NOW THEREFORE, in exchange for the following covenants and agreements, and other good and valuable consideration, the receipt of which is acknowledged, the City, County and Commission covenant and agree as follows: 1. Amendment to Section 17 of the Contract. as Previouslv Amended. A. Subsections (a) and (b) of Section 17 of the Contract are hereby further amended to read and provide as follows: Section 17. APPROVAL OF OPERATING BUDGETS AND CAPITAL EXPENDITURES. (a) Prior to March 310f each year, the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and the City Council of the City. In addition to any payments already required under section 15 of this Contract, if but only if a governing body approves the operating budget, it shall, prior to the fifteenth day of the forthcoming fiscal year, appropriate in its general fund budget for purposes of the Commission its pro rata share of any amount by which estimated expenses exceed estimated revenue (estimated revenue shall not include any base service fee paid by the County), From the funds appropriated for purposes of the Commission by each governing body under this subsection, money shall be paid to the Commission within fifteen (15) days after the submission by the Commission to each governing body of a drawdown letter setting forth the pro rata share required from each governing body; the total amount required by such drawdown letters in any fiscal year shall not exceed the total amount appropriated by a governing body. Nothing in this subsection shall be construed to relieve the County of its obligation to make payments up to the Maximum Annual Service Fee pursuant to section 15. (b) Prior to March 310f each year, the Commission shall prepare and submit for approval any proposed capital expenditure to the Board of Supervisors of the County and the City Council of the City. For purposes of this Contract, a capital expenditure shall mean any single expenditure exceeding $100,000.00 intended to benefit five or more future accounting periods, B. Except and unless expressly amended herein, all other terms and conditions of Section 17 of the Contract, as previously amended, shall continue in full force and effect as if fully set forth herein. C. The provisions of this Section 1 shall be effective retroactively from and after March 31, 2005, 2, Amendment to Sections 5 and 21 of the Contract. as Previouslv Amended. A. The Section of the Contract numbered and titled Section 5 FIRE STATION NO. 10, as amended July 8, 2005, is revoked in its entirety, B. Subsection (b) of Section 21 PERSONNEL, as amended July 8, 2005, is revoked in its entirety, and the following shall be inserted in its place: b) Aircraft Rescue and Fire Fighting (ARFF) services, as required by the Federal Aviation Administration, shall be provided by the Commission or its contractor, provided that in the event of an aircraft accident or incident, the City and County shall provide back up and mutual aid in accordance with the terms of Attachment "N' hereto entitled "Mutual Aid Services for Aircraft Emergencies On and Near Roanoke Regional Airport." The parties agree that they shall diligently work on, complete, update from time-to-time and follow a written Emergency Operations and Airport Response Plan, which shall be consistent with the terms pertaining to Mutual Aid Services contained in Attachment "An. Such Plan shall be in place by June 1, 2010 and shall be reviewed annually thereafter. In providing mutual aid services, it is mutually agreed that the Parties are each responsible for their own negligent acts or omissions which are committed by them or their agents, officials, contractors or employees. Furthermore, to the extent permitted by applicable law, the Parties agree to indemnify, defend and hold each other and each other's officers, employees, contractors or agents harmless from any and all claims for personal injury or damages to property resulting from the negligent acts or omissions of each party's own officers, employees, contractors or agents involved in providing services and/or equipment under the terms of this Section of the Contract. This duty to defend, indemnify and hold harmless includes costs or expenses of suit in law or equity and reasonable attorneys' fees, For purposes of this subsection (b), an employee shall be that person who is on the payroll of any of the Parties to this Amendment NO.3 at the time of any incident giving rise to a claim under this Amendment No. 3, C. The provisions of this Section 2 shall be effective from and after July 1, 2010. 2 3. Other Terms to Remain the Same. Except and unless expressly amended herein, all other terms and conditions of the Contract, as previously amended by the amendment dated December 6, 1996, and the amendment dated July 8, 2005, shall continue in full force and effect as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals. Attest: By: Attest: Its: By:_ Attest: Its: By:_ Its: Roanoke Regional Airport Commission City of Roanoke. Roanoke County 3 ATTACHMENT A MUTUAL AID SERVICES FOR AIRCRAFT EMERGENCIES ON AND NEAR ROANOKE REGIONAL AIRPORT 1, PURPOSE: To prescribe procedures to be utilized by the City of Roanoke, Roanoke County and the Roanoke Regional Airport Commission (the "Parties") to the extent practicable in the event of a potential aircraft emergency, actual aircraft emergency, Aircraft Accident, or Aircraft Incident on or near the Roanoke Regional Airport, including the training necessary to prepare for such event. 2, DEFINITIONS: A. Aircraft Accident- means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers ,death or serious injury, or in which the aircraft suffers substantial damage. B. Aircraft Incident - means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of its operation, and may or may not result in some property damage or injury, C, Airport Operations Area (AOA) - Any area of the Roanoke Regional Airport located within the airport security fence, D, ALERT 1- Aircraft in Minor Difficulty E, ALERT 2- Aircraft in Major Difficulty (e,g. potential fire on board, faulty landing gear, no hydraulic pressure, etc,) F. ALERT 3- Aircraft Involved in an Accident or Incident on or near the Airport. G, Requester - means the Party that requests or receives mutual aid assistance H, Responder - means the Party that furnishes, or is requested to furnish, mutual aid assistance. I. Ring-Down or Crash Phone - means a dedicated telephone ring-down circuit which should be activated only by Air Traffic Control as part of a daily test or in the case of an aircraft emergency. J. Parties - means the City of Roanoke, Roanoke County and the Roanoke Regional Airport Commission. Each individual entity is a "Party". K. Airport Response Plan - Document defining response levels by each party, staging areas, operational policies and other relative information to address automatic and mutual aid responses to Airport Alerts. 3. REQUEST FOR ASSISTANCE BY COMMISSION FOR INCIDENTS ON AIRPORT: In the event of a potential aircraft emergency, pending aircraft emergency, existing aircraft emergency, incident or accident on the Roanoke Regional Airport, the Commission, shall notify the City and/or County if and when the Commission determines that a request for assistance from either or both fire departments is necessary. Requests for assistance will be made to the City via the Ring Down Line . The County's response will be initiated by the City's 9-1-1 center as outlined in the Airport Response Plan. The methods and/or means of, or phone numbers for, communication may be changed or modified by written notice to the City Manager and County Administrator, with copies to the Fire Chiefs of both the City and County, 4 A. Requests for Assistance: Those authorized to make requests for mutual aid assistance shall be: a, Airport Senior ARFF Officer on duty b. Airport Incident Commander b. Airport Executive Director e, Airport Deputy Executive Director f. Airport Safety and Security Chief The persons/titles may be changed or modified by written notice to the City Manager and County Administrator, with copies to the Fire Chiefs of both the City and County. B. Information to be Provided: The requester of mutual aid shall provide the following information, to the extent possible: 1, Type of emergency 2 . Type of ai rcraft 3. Nature of difficulty 4. Alert Status (1, 2, or 3) 5, Landing runway and estimated time of arrival 6. Souls on board 7. Amount of fuel 8 Presence of hazardous materials, if known 9. The amount and type of personnel and equipment needed. 10. Location where the personnel and equipment are to report; in the event that no specific location is indicated, all personnel and equipment should report to Airport ARFF Station. 11. Name of Incident Commander C, Automatic Response: In the event of an Alert 1, 2 or 3, the City will automatically be advised ofthe emergency through the Ring-Down Phone being monitored by the City's 9- 1-1 Center. In the event of an Airport Alert the City and County shall provide an automatic response as outlined in the Airport Response Plan. 4, REQUEST FOR ASSISTANCE BY THE CITY OR COUNTY FOR INCIDENTS OFF AIRPORT: In the event of an aircraft emergency, incident or accident within a two-mile radius of the Roanoke Regional Airport, the City or County may notify the Commission's of a desire for the ARFF unit to respond when a request for assistance is deemed necessary. Requests for assistance will be made to the Commission via radio to the Airport Senior ARFF Officer on duty, The means and/or methods of, or phone numbers for, communication may be changed or modified by written notice to the Commission's Executive Director, with a copy to the ARFF Chief, A.' Requests for Assistance. Those authorized to make requests for mutual aid assistance shall be: For the City: On-Duty Battalion Chief or higher ranking Chief Officer For the County: On-Duty Battalion Chief or higher ranking Chief Officer The persons/titles may be changed or modified by written notice to the Commission Executive Director, with a copy to the ARFF Chief. 5 B, Information to be Provided: The requester of aid shall provide the following information, to the extent possible: 1 . Type of Emergency 2, Nature of Difficulty 3. Location of emergency 4. The amount and type of personnel and equipment needed 5. Location for response 6. Name of Incident Commander C. Upon being notified of a request for assistance, if the Commission has sufficient personnel and equipment to maintain its FAA-mandated ARFF Response Index, and also provide mutual aid for an Aircraft Accident or Incident occurring within a two mile radius of the Airport, it will so advise the Requester and report to the Incident Commander. In the event that equipment is available, but sufficient personnel are not available at the Airport, the Commission will attempt to call in personnel sufficient to assist the Requester. 5. RESPONSE AND CONTROL: THIS SECTION PERTAINS TO COMMISSION PROPERTY ONLY A. ICS and NIMS to be Emploved. The Parties agree that the Requester shall coordinate and utilize a standard Incident Command System (ICS), to the greatest extent possible, for an aircraft emergency on Commission property requiring automatic or mutual aid assistance, Requester's ICS shall be consistent with the concepts and principles of the National Incident Command System (NIMS) developed by the U.S. Department of Homeland Security. The Parties agree that Recipient's ICS must allow for Unified Command (UC) to provide the most efficient and effective means for communication among and coordination of personnel and resources deployed by the various Parties and other agencies, /' B, Assistance to Be Provided Unless Unavailable. Each party is required to provide requested assistance unless it reasonably determines that it does not have sufficient resources to do so or it is actively involved in one or more emergency incidents requiring all of its personnel and equipment, or in the case of the Commission, if to do so would result in its inability to maintain the FAA-mandated ARFF Index and result in closure of the Airport. The final decision on the amount and type of equipment to be sent shall be solely that of the Responder; however, jf the Responder is not able to provide the requested assistance, or any portion of it, then Responder promptly will advise the Requester of such inability. C. Responder to Report to IC. The personnel of the Responder shall report to the Airport Incident Commander (IC) or other appropriate Staff of the Requester at the location to which the equipment is dispatched. The person in charge of the Responder shall meet with the IC for a briefing and assignment. The Responder's personnel, equipment and resources shall be subject to the operational control and orders of the Requester; however, Responder's designated supervisory personnel shall retain direct supervision and control of the Responders' personnel and equipment resources and shalldirect them to meet the needs and tasks assign~d by the IC. In matters involving health and safety, the chain of command of the Responder shall exercise final decision-making authority for its own personnel, 6 r D. Operations Inside Airfield Require Escort. If the Aircraft Accident or Incidenfis inside the Airport Operations Area (AOA), then clearance from the Air Traffic Control Tower (ATCT) must be obtained by radio prior to entering any taxiway or runway, since aircraft may be landing, departing or taxiing. As a result, the City and County may not proceed onto the airfield unless and until escorted by Airport staff equipped with the required radio for A TCT communication and having obtained A TCT clearance; under no circumstances may any personnel or equipment pass/overtake the escort vehicle or otherwise depart from the escort path, Extreme caution shall be observed at all times by all Parties whenever on or near the airport runways and taxiways, All vehicles shall activate emergency lighting when inside the airfield security fenceline. E, No Liabilitv for Reasonable Failure to Respond, Each Party hereby releases and waives any and all claims for liability against the other Parties for refusal to send the requested personnel or equipment where such refusal is based on the reasonable judgment of the Responder that such personnel and equipment are either not available or, in the case of the County, are needed to provide service in the Responder's jurisdiction, or, in the case of the Commission, providing such personnel and/or equipment would result in the Airport not being able to provide the FAA-mandated ARFF response. F, Release of Responder. The personnel and equipment of the Responder shall be released by the Requester when the services of the Responder are no longer required or when Responder's personnel are needed for another emergency within its jurisdiction. In the event of recall due to another emergency, the Responder shall first apprise the IC of its need to leave the site. 6. COMPENSATION: A. No Reimbursement of Costs, No Party shall be required to reimburse any other Party for any cost or expense related to providing any mutual aid services hereunder except as outlined in section 10 Band C. The Parties agree to cooperate with each other in seeking reimbursement from state or federal authorities to the extent such funding is available. B. Each to Bear Own Expenses. Each Party shall be responsible for and pay all its own costs and expenses incurred or related to responding to requests for mutual aid services hereunder including, without limitation, claims, insurance, materials, and equipment as well as all forms of compensation, fringe benefits, and workers' compensation for each person for whom such Party pays the salary. 7. LIABILITY: A. Waiver of Claims. Each Party hereby holds harmless, releases and waives all claims against each Requester hereunder for any property loss or damage and/or personal injury or death occurring as a consequence of the providing mutual aid hereunder. B. Liabilitv for Own Actions. Each Party assumes all liability and/or cost of damage to its equipment and the personal injury or death of its personnel for whose salary such Party is responsible, when services are provided hereunder, including, without limitation, all costs and expenses of workers' compensation. 8. INSURANCE: Each Party shall procure and maintain such insurance as may be' required by applicable federal and state law, and as may be appropriate and reasonable to cover its personnel, equipment, vehicles and property, including but not limited to liability insurance, workers' compensation, unemployment insura'nce, automobile liability and property damage. Parties 7 may self-insure or become members of risk pools, Each Party shall include the other Parties, their officers, agents, contractors and employees as additional insureds on applicable general liability and automobile coverage polices for service provided hereunder, 9. THIRD PARTIES NOT TO BENEFIT: It is expressly understood and agreed that this Agreement does not waive any immunity or defense, including sovereign immunity, that would otherwise be available to a Party against third-party claims arising from activities performed under this Agreement, nor is any provision of the Agreement intended to create additional liability of the Parties for the acts of their employees, volunteers or contractors, 10. PROCEDURES AND PROTOCOLS: A. Cooperation in Developinq Plans and Protocols The Parties agree to cooperate in the development of procedures, operations and protocols, including, but not limited to, dispatch, communications coordination, training, written Airport Response Plan, amendments to this Mutual Aid Letter of Agreement and other activities that will enhance the ability of the Parties to fulfill their mission. Such documents and agreements shall be reviewed annually by all parties. B, Annual Airport Related Traininq. In accordance with the FAA Advisory Circulars, the City and County agree that the personnel in the units/stations most likely to respond to an aircraft accident or incident shall be trained in the following, a minimum of every 12 months, and that each Party shall maintain documentation of such training: 1. Airport Familiarization, in particular including rules and regulations concerning vehicle movement and access, and airport security; 2, Aircraft familiarization; 3. Rescue and firefighting personnel safety; 4. Emergency communications and the Alerting System used on the airport; 5, Application of the types of extinguishing agents used for aircraft fires; 6. Emergency Aircraft evacuation assistance; 7. Firefighting operations; 8, Adapting and using structural rescue and firefighting equipment for aircraft rescue and fire fighting; 9. Aircraft Cargo hazards; 10, Familiarization with firefighter's duties under the Airport emergency plan; 11, Such other areas as the Parties shall agree would be desirable or as the FAA may require; and 12. One live-fire drill using hand lines and, if possible, the equipment expected to respond in an emergency, At the request of the City and/or County, training, other than the live fire training, will be provided by Commission ARFF personnel at City and County fire stations or facilities. The Commission will pay for all propane and other costs related to the operation of the live fire simulator. Additionally, the Commission agrees to pay any cost, such as overtime expenses, course fees, and expenses related to foam, and training and instruction supplies and materials incurred above normal operating expenses, for annual training as outlined in Section 10,8 as mutually agreed upon in advance by all parties, The parties agree that it is intended that participating City and County personnel shall, to the greatest degree possible, be on regular duty and that overtime expenses, if any, shall be kept to a minimum. ' C. Annual Table-top and Triennial Drill. All Parties will participate in the Commission's FAA- mandated annual tabletop exercises and the triennial live disaster drill. The Commission 8 shall be the lead agency in the planning and execution of the annual table top and triennial drill and shall pay for any cost, such as overtime expenses, course fees, and expenses related to foam and training and instruction supplies and materials, incurred by the City or the County above normal operating expenses as mutually agreed upon in advance by all parties. The parties agree that it is intended that participating City and County personnel shall, to the greatest degree possible, be on regular duty and that overtime expenses, if any, shall be kept to a minimum. 11. OTHER INCIDENTS AT THE AIRPORT: In the event of other emergencies occurring on Commission property, not covered herein, the City of Roanoke Fire-EMS Department will respond to the Airport as is usual for a business entity being located within the limits of City of Roanoke, Such emergencies might include, but are not limited to, the following: Structural Fires, Flammable/Combustible Liquid Fires, Incidents involving Hazardous Materials, Medical Emergencies and Incidents involving Specialized Rescue 12. AMENDMENT: Unless otherwise provided herein, any amendments hereto, or changes to the responsibilities, procedures, and or liabilities set forth in this Attachment A, shall be only in the form of a written modification to the terms hereof, signed by properly authorized representatives of the Parties, and not otherwise, 9 9~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15t:hday of March, 2010. No. .:38753-031510. AN ORDINANCE to appropriate funding from the Commonwealth government various educational programs, amending and reordaining 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 2009-2010 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Development Supplements Social Security Teacher Stipends Social Security Food Teacher Stipends Social Security Teacher Stipends Social Security Mileage Instructional Supplies Art Supplies Music Supplies Conference Supplies Health/Oentallnsurance Revenues State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts 302-210-3300-0000-3620-62140-41129-9-01 302 -210-3300-0000-3620-62140-42201-9-01 302-110-0000-0390-3220-61100-41129-3-01 302-110-0000-0390-3220-61100-42201-3-01 302-110-0000-0390-3220-611 00-46602 -3-01 302-110-0000-0400-3220-61100-41129-3-01 302-11 0-0000-0400-3220-61100-42201-3-01 302-110-0000-0400-3220-61100-41129-3-01 302-110-0000-0400-3220-61100-42201-3-01 302-110-0000-1070-3160-61100-45551-3-09 302 -110-0000-1 070-3160-61100-46614-3-09 302-110-1301-1070-3160-61100-46614-3-09 302-110-1306-1070-3160-61100-46614-3-09 302-110-1306-1070-3160-61100-46617-3-09 302-110-0000-1000-3050-61100-42204-9-09 302-000-0000-0000-3620-00000-32291-0-00 302-000-0000-0000-3220-00000-32415-0-00 302 -000-0000-0000-3160-00000-32220-0-00 302 -000-0000-0000-3050-00000-32220-0-00 $ 9,644 738 13,005 995 1,800 13,005 995 13,005 995 2,000 16 (1,500) (1,500) 5,000 5,330 10,382 43,800 4,016 5,330 Pursuant to the provisions of Section 120f the City Charter, the second reading of this ordinance by title is hereby dispensed with. " - / \~.-' ~- ArrEST: ~ ht. >'YlOlhv City Clerk. . ( March 15, 2010 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 March 9, 2010, the Board respectfully requests City Council approve the following appropriations: New Appropriations Mentor Teacher Program 2009-10 Project Graduation Academic Year Academy 2009-10 Revised Appropriations Juvenile Detention Home 2009-10 Child Development Clinics 2009-10 Total New Award $10,382 $43,800 Additional Award $4,016 $5,330 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~.~~ Cindy H)Poulton, Clerk pc: William M. Hackworth Ann H. Shawver Rita D. Bishop Margaret Lindsey Chris Morrill David B. Carson Curt Baker Yen Ha (w/details) : :: ~', .; p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info BlE\j f1I 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 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H, SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance March 15,2010 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: School Board Appropriation Requests As the result of official School Board action at its March 9th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2009-10 Project Graduation Academic Year Academy grant of $43,800 provides funding for high school instruction for seniors needing verified credits to graduate and for sophomores and juniors who passed a class but failed the associated SOL exam. The program is reimbursed 100% by state funds and will end May 28, 2010. This is a continuing program. The 2009-10 Mentor Teacher Program grant of $10,382 provides funding to support the division in enhancing its mentor teacher program. Funding is provided based on the number of teachers with no teaching experience. This program is reimbursed 100% by state funds and will end June 30, 2010. This is a continuing program. The 2009-10 Child Development Clinics program request of $5,330 will provide funds for the salary and expenses of the educational coordinator at the Care Connection and, Carilion Child Development Clinics operated by the Virginia Department of Health. The program will be reimbursed 100% by state funds and will end June 30,2010. This is a continuing program. Honorable Mayor and Members of Council March 15,2010 Page 2 The 2009-10 Juvenile Detention Home program request of $4,016 will provide funds for the salary .and expenses of the educational coordinators at the Roanoke Valley Juvenile Detention Center. The program will be reimbursed 100% by state funds and will end June 30, 2010. This is a continuing program. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Ann H. Shawver Director of Finance c: Christopher P. Morrill, 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 ~ ( t ( "liC( tc0 ~ y ~ ROANOKE VALLEY SISTER CITIES WONJU, KOREA FLORIANOPOLIS Since 1964 Since 1995 KISUMU, KENYA OPOLE, POLAND Since 1976 Since 1995 , PSKOV, RUSSIA LIJIANG, CHINA Since 1992 Since 1996 ST. LO, FRANCE Since 1998 ~ 'v &a 8 '~ ~ We Welcome You To Our 46th Anniversary Year ANNUAL DINNER MEETING Saturday Mar~h 13th, 2010 Dinner at 6:45 p.m. Roanoke College Colket Student Center Wortmann Ballroom Salem, Virginia 24153 1 11 Letters to the Editor .:. Virginia can become the nation's leader in developing clean energy , ,~ ~ To the Editor, With the recent move of SAlC head- quarters to Northern Virginia and the pos- sibility of Northrop Grumman following suit, it is clear that Virginia is really coming into its own with business development. These companies are two of the largest defense companies in the nation. Virginia is als9 home to the Virginia Clean Energy Business Incubator (I4th statewide incuba- tor, in the nation) as well as Dominion's newly established Clean Tech Incubator in Ashland. These are not like the origi- nal incubator models (inexpensive space, shared admin, shared equipment, etc.) but next-generation incubators with many more services to offer, like modeling and simulation. Virginia also recendy became the headquarters for the National Institute for the Commercialization of Clean Energy (NICCE), a leading energy business devel- opment consortium focused on bringing . clean energy ,technology to market. NIC- CE's corporate officers will soon create the National Capitol Clean Energy Incubator, housing the National Modeling and Simu- lation Center for Excellence. Under development is the world's larg- est modeling and simulation center focused on energy and the environment (50,000- 100,000 square feet). Plans include a holo- graphic system, next-generation videocon- ferencing/full immersion, MapleSIM, Por- terra virtual worlds and a flight simulator. It will be home to the World Data Center on Energy and interconnect through a WAN [wide area network] to the National Lambda Rail, a system of tier-l universi- ties throughout the nation. The business model is fully designed, and the investors have been identified with funding, but site location is now under review with five sites under consideration. Energy initiatives led by some of Virginia's leading businesses and universi- ties, like the University' of Virginia and Virginia Tech, could help establish Virginia Energy needs must account for retiring power stations To the Editor, Mr. [Thomas] Parrell [the CEO of Dominion Resources] says that we will need 4,500 megawatts of additional genera- tion capacity in the next 10 years ["Today's energy challenge," Pebruary]. As a longtime follower of energy issues in Virginia (which happens to be the second-largest importer of electricity in the United States, behind California), one thing that wasn't mentioned in this article is the fact that this number does not account for retiring power stations. Many of Virginia's coal power stations have been in operation since the 1950s. The nuclear sta- tions have been in operation since the 1970s. Although they are all working fine right now, at some poim they will need to be retired. It takes 10 years or more to site, license and build a base-load power station. That means that if we're going to meet the energy demands, replace retiring fossil fuel stations, and keep our energy eco- nomical, we're going to have to get started immediately. Michael J Stuart Richmond as the No. 1 place to develop clean, alterna-' tive and reliable energy. Within NICCE's consortium there are 10 businesses seeking their new home to develop these technolo- gies from semiconductor, offshore wind algal biofuel, small-vertical wind, solar more. These companies plan to gro expand in Virginia's footprint, and, 8 on today's business project' e forecasting 423 new jobs Location and the work fo this effort. Congratulations to VEDP gi Tourism Office for all they do in h Virginia grow. Thanks also to the Vi Tobacco Commission because it helped and the rural parts ofSoumern Virginia. Carole Cameron Inge Blackstone Dr. Carole Cameron Inge is executive direc- tor of the Virginia Clean Energy Business Incubator. Scenic views are important part of area's quality of life To the Editor, Just wanted to add our congratula- tions on your "When Less Becomes More" story by Nicole Anderson Ellis in the Janu- ary issue of Virginia Business. The busi- ness community is becoming increasingly aware of the importance of quality of life, incl~di~g or perhaps more importandy, scemc VIews. In the Roanoke Region, for example, greenways have taken on an increased value, as has the Blue Ridge Parkway, which is soon celebrating its 75th year anniversary. , These are just part of the great array of outdoor amenities now being higWighted by Roanoke Regional Partnership, the region's economic development marketing organization. Protected scenic views add to the beauty of daily living and sustain the sense of place that makes communities who they are. Creating a balance of increasing economic growth while protecting scenic views may at times be difficult, yet there's a heightened awareness of the impor- tance of doing just that. Joyce Waugh Roanoke Waugh is president of the Roanoke Regional Chamber of Commerce. www.VirginiaBusiness.com VIRGINIA BUSINESS 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 CECEUA T. WEBB Assistant Deputy City Clerk March 17, 2010 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, March 15, 2010, you were appointed as a Commissioner of The Hotel Roanoke Conference Center Commission, for a term commencing March 15,2010 and ending April 12, 2014. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing' copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." L:\CLERK\DATA\CKEWl\oath and leaving servicelliotel Roanoke Conference Center Commission\Christopher p, Morrill oath,doc Christopher P. Morrill March 17,2010 Page 2 On behalf of the Mayor and' Members of City Council, I would like to express appreciation or your willingness to serve the City of Roanoke as a Commissioner of The Hotel Roanoke Conference Center Commission. Sincerely, ~h1. m()~ Stephanie M. Moon, CMcL City Clerk Enclosures pc: John E. Dooley, Chair, The Hotel Roanoke Conference Center Commission, electronic transmittal Deborah J. Moses, Director, Hotel Roanoke Conference Center, electronic transmittal Jonathan E. Craft, Deputy City Clerk, electronic transmittal L:\CLERK\DATA\CKEWI\oath and leaving service\Hotel Roanoke Conference Center Comrriission\Christopher p, Morrill oath,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 fifteenth day of March, 2010, CHRISTOPER P. MORRILL was appointed as a Commissioner of The Hotel Roanoke Conference Center Commission for a term commencing March 15, 2010 and ending April 12, 2014. Given under my hand and the Seal of the City of Roanoke this seventeenth day of March, 2010. ~ In.hJbM) . City Clerk ~ L:\CLERK\DATA\CKEWI\oath and leaving service\Hotel Roanoke Conference Center Commission\Christopher P. Morrill oath.doc CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVID A. BOWERS Mayor March 19,2010 The Honorable Mark Warner, Senator United States Senate 129B Salem Avenue Roanoke, Virginia 24011 Re: Support ofH.R. 3734 and S. 2747 Dear Senator Wamer: I am writing on behalf of City Council to request that you support H. R. 3734, the Urban Revitalization and Livable Communities Act, which authorizes $445 million to be appropriated annually for urban park and recreation agencies through federal assistance grants, to be matched with local funds. Such a program would improve the health and well-being of communities across the nation, as well promote the environment and help provide safe and affordable places for recreation. Such funds would assist the City in expanding its system of urban trails and greenways, which have proved to be very popular for walkers, hikers, bicyclists, runners, bird- watchers, and many other types of outdoor activities. We would also request your support for S. 2747, the Land and Water Conservation Authorization and Funding Act of 2009. This Act amends the Land and Water Conservation Fund Act of 1965 to make permanent the authorization for the Land and Water Conservation Fund. It would provide consistent and reliable authority for, and for the funding of, the land and water conservation fund, and maximize the effectiveness of the fund for future generations. Thank you for the work that you do on behalf of our citizens. With kindest personal regards, lam Sincerely yours, (SD~~ David A. Bowers Mayor DAB/WMH/isc pc: Barbara Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVID A. BOWERS Mayor March 19,2010 The Honorable Bob Goodlatte, Congressman United States Congress 10 Franklin Road, SE Suite 540 Roanoke, Virginia 24011 Re: Support ofH.R. 3734 and S. 2747 Dear Congressman Goodlatte: I am writing on behalf of City Council to request that you support H. R. 3734, the Urban Revitalization and Livable Communities Act, which authorizes $445 million to be appropriated annually for urban park and recreation agencies through federal assistance grants, to be matched with local funds. Such a program would improve the health and well-being of communities across the nation, as well promote the environment and help provide safe and affordable places for recreation. Such funds would assist the City in expanding its system of urban trails and greenways, which have proved to be very popular f~r walkers, hikers, bicyclists, runners, bird- watchers, and many other types of outdoor activities. We would also request your support for S. 2747, the Land and Water Conservation Authorization and Funding Act of 2009. This Act amends the Land and Water Conservation Fund Act of 1965 to make permanent the authorization for the Land and Water Conservation Fund. It would provide consistent and reliable authority for, and for the funding of, the land and water conservation fund, and maximize the effectiveness of the fund for future generations. Thank you for the work that you do on behalf of our citizens. With kindest personal regards, lam Sincerely yours, ~~ David A. Bowers Mayor DAB/WMH/lsc pc: Barbara Duerk, 2607 Rosaling Avenue, S. W., Roanoke, Virginia 24014 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W, SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVIDA. BOWERS Mayor ) March 19,2010 The Honorable Jim Webb, Senator United States Senate 3140 Chaparral Drive Building C, Suite 101 Roanoke, Virginia 24018 Re: Support ofH.R. 3734 and S. 2747 Dear Senator Webb: I am writing on behalf of City Council to request that you support H. R. 3734, the Urban Revitalization and Livable Communities Act, which authorizes $445 million to be appropriated annually for urban park and recreation agencies through federal assistance grants, to be matched with local funds. Such a program would improve the health and well-being of communities across the nation, as well promote the environment and help provide safe and affordable places for recreation. Such funds would assist the City in expanding its system of urban trails and greenways, which have proved to be very popular for walkers, hikers, bicyclists, runners, bird- watchers, and many other types of outdoor activities. We would also request your support for S. 2747, the Land and Water Conservation Authorization and Funding Act of 2009. This Act amends the Land and Water Conservation Fund Act of 1965 to make permanent the authorization for the Land and Water Conservation Fund. It would provide consistent and reliable authority for, and for the funding of, the land and water conservation fund, and maximize the effectiveness of the fund for future generations. Thank you for the work that you do on behalf of our citizens. With kindest personal regards, lam Sincerely yours, ~~ David A. Bowers Mayor DAB/WMH/lsc pc: Barbara Duerk, 2607 RosalindAAvenue, S. W.,.Roanoke, Virginia 24014 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 March 16, 2010 Patrick T. Fennell, Attorney 366 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Fennell: I am enclosing copy of Ordinance No. 38754-031510 rezoning Official Tax Nos. 1020702 - 1020704 located at 368, 370 and 374 Elm Avenue, S. W., from RM-2, Residential Mixed Density District, to MX, Mixed Use District, subject to a certain condition proffered by the petitioner as set forth in the Zoning Amended Application dated January 7, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 15, 2010. Sincerely, ~ bII.. >>JiJ~ Stephanie M. Moon, CMC City Clerk Enclosure pc: Everett Leigh Morgan, LLC, 104 Cedar Grove, Place, S. W., Leesburg, Virginia 24175 Dearing Property Management, P. O. Box 8632, Roanoke, Virginia 24014 Margaret G. Turner, Trustee, 6 Warner Street, Greensville, South Carolina 29605 Robert Wells, 383 Mountain Avenue, S. W., Roanoke, Virginia 24016 Bettina Altizer, 455 Laurelwood Drive, S. W., Roanoke, Virginia 24015 Barnett Company BDW, LLC, 517 Walnut Avenue, S. E., Roanoke, Virginia 24014 K:\Agenda Correspondence\March 15, 201O.doc Patrick T. Fennell March 16,2010 Page 2 pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director.of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Steven J. Talevi, Assistant City Attorney K:\Agenda Correspondence\March 15, 2010.doc /"/~ cjj \c ~r;r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. ' No. 38754-031510. AN ORDINANCE to amend 936.2-100, 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 properties within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Daniel L. Crandall has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have propeliies located at 368, 370 and 374 Elm Avenue, S.W., bearing Official Tax Nos. 1020702 through 1020704, rezoned from RM-2, Residential Mixed Density District, to MX, Mixed Use District, subject to a proffered condition. 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 arriended, 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 March 15, 2010, after due and timely notice thereof as required by S36.2-540, 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 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 O-Dan iel Crandall-rezone with proffer.doc 1 properties, and for those reasons, is of the opinion that the hereinafter described properties 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 Official Tax Nos. 1020702 through 1020704, located at 368,370 and 374 Elm Avenue, S.W., arehereby rezoned from RM-2, Residential Mixed Density District, to MX, Mixed Use District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amended Application dated January 7, 2010. 2. Pursuant to the provisions of Section 12 of the City Chmier, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ h1,h'rMJ '. City Clerk. . O-Daniel Crandall-rezone with proffcr.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 March 15,2010 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 Daniel L. Crandall to rezone properties located at 368, 370 and 374 Elm Avenue, S.W., bearing Official Tax Nos. 1020702 through 1020704, from RM-2, Residential Mixed Density District, to MX, Mixed Use District, for the purpose of general or professional offices, such rezoning to be subject to the condition that the property will be developed in substantial conformity with a development plan dated 1/7/2010. Planning Commission Hearing and Recommendation The Planning Commission held a public hearing on Thursday, February 18, 2010. A summary of the public hearing may be found at the end of this report. By a vote of 2-4 (Ms. Katz and Mr. Futrell voting for and Mrs. Penn and Messrs. Chrisman, Van Hyning and Williams voting against), the motion to rezone failed. Respectfully submitted, 14L~ Angela Penn, Chairman City Planning Commission cc: Christopher Morrill, City Manager William M. Hackworth, City Attorney Brian Townsend, Assistant City Manager Applicant Members of City Council Page 2 March 15, 2010 Application Information Request: Rezoning, Conditional Owner: Patricia Anne Ferguson (368 Elm Avenue, SW) and Louise H. Bolt (370 & 374 Elm Avenue, SW) Applicant: Daniel L. Crandall, Esq., Crandall & Katt Attorneys & Counselors at Law : Authorized Agent: Patrick T. Fennell, Crandall & Katt, Crandall & Katt Attorneys & Counselors at Law City Staff Person: Maribeth B. Mills Site Address/Location: 368, 370, and 374 Elm Avenue, SW Official Tax Nos.: 1020704, 1020703, 1020702 Site Area: 0.2982 acres Existing Zoning: RM-2, Residential Mixed Density District and H-2, Historic Neighborhood Overlay District Proposed Zoning: MX, Mixed Use District, with conditions, and H-2, Historic Neighborhood Overlay District i Existing Land Use: Vacant, single-family dwelling, and multifamily dwelling Proposed Land Use: Office, general and professional Neighborhood Plan: Old Southwest Neighborhood Plan Specified Future Land Use: Residential Filing Date: Original Application: January 7,2010 Background The proposed rezoning would permit the expansion of an existing professional office at 366 Elm Avenue SW. The applicant proposes to renovate two existing two-story, residential buildings for office use. The only addition to the property would be a 10-space surface parking lot located to the rear and side of the existing buildings, to be accessed from the alley and screened from adjoining residences. Any exterior modifications to the buildings and site will require approval by the Architectural Review Board. Conditions Proffered by the Applicant The applicant requests that the following proffered condition be adopted as it pertains to Official Tax Nos. 1020702, 1020703, and 1020704: 1. The property will be developed in substantial conformity with the development plan prepared by Hill Studio, dated January 7,2010, a copy of which is attached to this application as Exhibit B, subject to any changes that may be required by the City during comprehensive development plan review. Members of City Council Page 3 March 15,2010 Considerations Surroundino Zonino and Land Use: South Zoning District RM-2, Residential Mixed Densit District RM-1, Residential Mixed Densit District MX, Mixed Use District RM-2, Residential Mixed Densit Land Use Vacant lot and multifamily dwellings. North East West Compliance with the Zonino Ordinance: The MX District is intended to fit seamlessly with residential development in terms of both use and development requirements. The residential dwelling types permitted in the property's current zoning classification would still be permitted in the MX District with the addition of low-intensity office and support service uses. Development requirements pertaining to parking, signage, and lighting are also limited. Parking would be kept to the minimum required (9 spaces are required, 10 have been provided including 2 handicap spaces). Other options to accommodate required parking on-street (prohibited on the eastbound side of Elm Avenue) or in the applicant's adjoining parking area (topographic change between the two sites) is not feasible. New building-mounted and freestanding signage would be limited to a maximum of 32 square feet with freestanding signs limited to 6 feet in height. Finally, lighting requirements in the MX District are identical to those in all residential districts. Being located in the H-2 Overlay District, any future modifications to the site or building will require approval from the Architectural Review Board. Conformity with the Comprehensive Plan and Neiohborhood Plan: The Old Southwest Neighborhood Plan calls for the neighborhood to contain a mixture of low-intensity commercial uses and a variety of residential dwelling types to facilitate reinvestment. Elm Avenue is the most visible of three streets identified by the Neighborhood Plan as having the greatest need for improvement due to a high concentration of substandard housing and a lack of market activity. While offices and other low-intensity commercial uses would encourage investment along this corridor, the neighborhood would prefer to see the housing stock improved through more homeowners to complement those already there. The following policies of Vision 2001-2020 are relevant in the consideration of this application: · NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. Members of City Council Page 4 March 15, 2010 . EC P6. Cultural and historic resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. . ED P6. Vii/age centers. Village centers will be pursued as an economic development strategy to strengthen neighborhoods and the City's economy. (Note ED A38. Revise zoning ordinance to permit mixed-use residential/commercial development and live/work space in village centers and on the periphery of the central commercial areas.) The following policies of the Old Southwest Neighborhood Plan are relevant in the consideration of this application: . Community Design Policies o Historic Preservation: Old Southwest's character stems from its historically significant architecture, streetscapes, and public spaces. The historic character of Old Southwest must be preserved, protected, and enhanced. o Off-street surface parking lots should be limited. Where necessary, surface lots should be located to the side or rear of buildings and heavily landscaped to minimize their visibility. . Residential Development Policies o A variety of housing options should be available in Old Southwest, including detached single-family, town homes, condominiums, apartments, and live/work units. . Economic Development Policies o Businesses should attract clientele from the neighborhood and elsewhere in the City. Outside AQency Comments: The City's Development Review Coordinator, Danielle Bishop, questioned the site's capability of handling stormwater which is required when over 5,000 square feet of land is disturbed. The applicant responded that they will stay under the 5,000 square foot requirement. The City's Building Commissioner, Jeff Shawver, wanted to ensure that the applicant was aware of the Building Code requirements for converting a residence to an office. The applicant responded that they were aware of the Building Code's requirements. Public Comments: None. Members of City Council Page 5 March 15,2010 Planninq Commission Public Hearinq: The following comments and questions were posed by the Planning Commission at their February 18, 2010 public hearing. 1. Mr. Chrisman expressed concern over the lack of information provided regarding the renovation of the two existing buildings. The applicant responded that the specifics regarding the buildings' renovations would be decided with the Architectural Review Board and Old Southwest, Inc. Staff reiterated to the Commission that the City's Architectural Review Board has purview over the renovation of these two buildings. 2. Mr. Chrisman stated that he would like some guarantee that pedestrian access would be maintained to the properties from Elm Avenue. The applicant responded that topography raised the properties from street level significantly, but that the existing steps would be retained and restored. Note: The proffered development plan shows the retention of all retaining walls, stairs, and sidewalks currently accessing the site from Elm Avenue. 3. Ms. Katz stated that the Planning Commission's role was to determine whether or not changing the zoning from one district to another was appropriate and that the Architectural Review Board was the appropriate body to oversee the renovation of the two existing buildings. 4. Mr. Williams asked what types of interior renovations were planned, expressing concern that commercial renovations would deter their conversion back to residential use in the future. The applicant responded that most changes would revolve around meeting ADA and building code requirements. Otherwise, offices and conference rooms are planned for existing spaces. 5. Mr. Williams asked if the four vacant parcels at the corner of Elm Avenue and Franklin Road could be used to expand their offices as they are already zoned Mixed Use District. The applicant stated that they only own one of the four parcels which is too narrow to accommodate their needs at 25 feet in width. Mr. Williams stated that he had an issue rezoning residential property when vacant property already zoned for the proposed use is in such close proximity. 6. Mr. Williams stated that he did not consider offices an invasive use to residential property; however, he was concerned that an office use meant that the properties would be vacant after regular business hours. He worried that this would hurt the neighborhood from a public safety standpoint. 7. Ms. Penn asked the applicant about any conversations they had with the neighborhood association. The applicant responded that two meetings had been held with the President of Old Southwest Inc., Jeff Campbell. He also stated that the Old Southwest Inc. Board has met but decided not to take a position on the application either for or against. 8. Mr. Williams asked staff if there were any physical issues with the buildings. Staff responded that they were unable to answer that question Members of City Council Page 6 March 15, 2010 as they had never entered either building. Staff did mention that the home on the now vacant lot had been lost in a fire and that the current request would ensure the renovation of the remaining two buildings. 9. Mr. Chrisman was concerned that this rezoning constituted commercial encroachment into the Old Southwest neighborhood. The following comments and questions were posed by the public at the Planning Commission's February 18, 2010 public hearing. Ms. Joel Richert (415 Allison Avenue, S.W.) appeared before the Commission and stated that in the 1970's the Old Southwest neighborhood had experienced a lot of commercial encroachment with many homes being torn down to make way for new buildings and parking lots. She went on to say that the current neighborhood plan adopted in July 2009 emphasizes housing and that commercial encroachment into the neighborhood needed to stop because it made adjacent properties less desirable. Ms. Richert asked for the application to be tabled for one month to allow more input from the neighborhood. Ms. Penn asked staff who had been notified. Staff responded that two legal ads were printed in the newspaper, that the property was posted, that all adjoining property owners were notified by mail, and that the president and two members of Old Southwest Inc. were notified. Mr. Van Hyning asked Ms. Richert what she envisioned for the subject properties. Ms. Richert responded that they should be maintained as residences. 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: IJanuary 7, 201 0 Submittal Number: lorig. o Rezoning, Not Otherwise Listed [8] Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District ~'~ii1!l!lJi. Address: 1368,370,374 Elm Avenue, SW Official Tax No(s).: 11020704.1020703,1020702 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: RM-2, Residential Mixed Density (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: !MX. Mixed Use ] Proposed Land Use: IOffice, General or Prof. o With Conditions [BJ Without Conditions Name: Isee Attached Exhibit A I Phone Number: I E-Mail: I I I Address: P~perty Owner's Signature: +.1 (540) 342-2000 I I Phone Number: E-Mail: 1 Name: Ipatrick T. Fennell I Phone Number: I + 1 (540) 342-2000 I E-Mail: I (,}F/5IJtveu € I ~ ~IfIX)A l.t..l,A III .60/lf Authorized Agent's Signature: Exhibit A to Zonin!! Amendment Application 370 Elm Avenue, SW (Tax ID: 1020703) Owner: Bolt, Louise H. (rec~ntly deceased) (Life Estate) · PatriciaEuba~ 1,'~,~" J;)...",~..........~..... . Name. ~., . . ...... Dat~., Patricia Eubank . . Address: 3740 Colonial Avenue, SW Roanoke, VA 24018 . Nancy H. Rutledge / Name: Na Address: 2321 Bainbridge Drive Roanoke, V A 24017 j7:-h.~/tJ Date: ! ~ t1 -/0 . David C. Hale Name: Date: David C. Hale Address: 604 Noe Street San Francisco, CA 94114 374 Elm Avenue, SW (Tax 10: 1020702) Owner: Bolt, Louise H. (recently deceased) (Life Estate) · Patricia Euba~ 9,../r:::' .~) . ,t... J,., /-. Name. 'f(~IsL~~ Date: Patricia Eubank Address: 3740 Colonial Avenue, SW Roanoke, VA 24018 . Nancy H. Rutledg Name: Date: 1- ~ -/zJ 1/:, Nanc . Rutledge Address: 2321 Bainbridge Drive Roanoke, VA 24017 · David C. Hale Name: Date: David C. Hale Address: 604 Noe Street SanFrancisco, CA 94114 1- 6'~liJ FrOl:CRAHDALL I KATT 540+345+3527 Urban and Regional Planni (415) 771-2110 1423 P. 002/002 Jan 06 2010 1:27PM Exhibit A to ZoniDI! Amendment ApDlicatioD 370 Elm AveDUe. SW (Tax ID: 1020703) Owner: Boh, Louise H. (recently deceased) (Life &tate) . Patritia Eubank . . Name: Date: Piltricia Eubank Address: 3740 Colonial Avenue, SW ROalWke, VA 24018 . Nancy H. Rutledge Name: Date: Nancy H. Rutledge Addres~: 2321 Bainbridge Drive. Roanoke, VA 240] 7 · David C. HII;S4.... ,. . Name: _~ C ~ Date: . David C. Hale Address: 604 Noc Street San Francisco, CA 94114 374 Elm Aven,,~ SW (Tax ID: 1020702) Owner: Bolt. L~uise H. (recently deceased) (Life Estate) · Patricia Eubank Name: Date: Palri4:ia EubaDk . Address: 3740 Colonial Avenue. SW Roanoke, VA 24018 ". . Nancy H. Rutledge Name: Nan4:Y H. Rutledge Address: 2321 Bainbridge Drive . RoBlloke, VA 24017 · D.vid C. HaI~ <> . 1 Name. ~~ -c.~. . David C. Hale . AddresS: 604 Noe Street San Francisco, CA 94114 Date: 01/08/2010 1~;i2 ~ ~~\O \ . ilate: ".~ ~O p.2 ] .i i i I I . I .I I I f 368 Elm Avenue, SW (Tax ID: 1020704) Owner: Ferguson, James E. & Patricia Anne Narr(j"J'1'~i:S"g~~ Dale: I - 7 :l (7 f r:Y Address: P.O. Box 2262 " Roanoke, V A 24009 Daniel L. Crandall" Peter A. Katt Danny D. Ashwell, Jr. Patrick T. Fennell D. Adam McKelvey .. ([ranbalI &: 1katt Attorneys & Counselors at Law 366 Elm Avenue, S. w., Roanoke, Virginia 24016 Telephone: 540-342-2000 Facsimile: 540- 345- 3527 . 1I1~'I~ll11iltoi:d!n ",,~~iRgl'.m: DC January 7,2010 Written Narrative Summary As Contract Purchaser of the lots located at 370 and 374 Elm Avenue, S,W. (tax numbers 1020703 and 1020702, respectively), and the contract purchaser of the lot located at 368 Elm A venue, S. W, (tax number 1020704), I respectfully request amendment of the zoning district for these three lots from their current RM-2 zoning district (residential mixed density), to the MX zoning district (mixed use), and in support of this request I submit the following: The Law Offices of Daniel L. Crandall & Associates, P.e. currently operates in its main building located on adjoining lots at 366 Elm Avenue, S.W., Roanoke, Virginia 24016, as well as a small additional office iocated on Franklin Road that is necessary to accommodate current increased personnel requirements, We have reached our maximum capacity in the main building, and wish to acquire two adjacent properties, located at 370 and 374 Elm Avenue, S.W., to provide additional office space for current needs. The properties located at 370 and 374 Elm A venue each have a house and surrounding landscaping, including stone walls. We will be preserving the existing structures as they exist and will only renovate to replace deteriorated materials with like-kind building products. The houses, landscaping and stone walls on each lot are in grave need of restoration. In order to allow us to occupy the two houses for office space, it is necessary that the properties be rezoned from their current zoning district of RM-2, to MX, or mixed use. The rezoning of these properties will accomplish several goals that we believe are consonant with the City's future land use plan of preserving these locations for residential use. First, by acquiring these properties for our office use, we will be able to expend the resources necessary to restore the houses to their original architectural beauty, with the consent and oversight of the Architectural Review Board. Second, by rezoning these two properties for mixed use, we will be afforded the additional office space that we require, and at the same time, through the mixed use zoning designation, these properties will be preserved for residential use in accordance with the City's future land use plan. Thank you for your consideration of this application. J ii tlH"l STIJ,lho Crandall Properties Location Plan January 7, 2010 HSPC Project No, 0961 Adjacent Property Owners List .., . . I~ :.... ---~-"...-. . ..._J__''.____._...___.....____......._~___....__J._.._....--~---...-.--.-'-----.-.....-"----. ELiwiAVENUE;-C~a.itdall..sid;.-..1 .. . - . . - ----- j . j ~ ..- -" -~ J- . ".~- .~:_-- .:.---'"l=".~.:"-- -.~..::":-=~~~=r-~...::.:==::~==-~.:~-=:.=:. =:=J--:.:=--:::-~-::...==--..~:~:..- TAX"ID#.!ADDRESS. !OWNER . IOWNERADDRESS jPROP. USE . . 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I ~ . ~ """ ~~ ~~ w_- ~~ ~-'O -,;; \ -~ ;t::;; The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ CRANDELL & ASSOC 366 ELM AVE, SW ROANOKE VA 24016 .. .~----- -'1.- .-..,----'-, , I City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~i~_day of MAR 2010. Witness my hand and official seal. Notary Public NOTICE OF PUBLIC ' HEARING I The Council of the City of I Roanoke will hold a pUblic hearing on Monday, March 15, 2010, at 7:00 p.m., or as soon thereafter as the Imalle( may be heard, in the' ,Council Chamber, fourth' floor, in the Noel C. Taylor; Municipal Building, 215 Church Avenue, S. W., I:~oanoke, Virginia, loi consider the following: ' Request from Daniel L., ,Crandall to rezonej properties located at 368, '370 and 374 Elm Avenue' is.W., bearing Official Ta~i Nos. 1020702 through 1020704, from RM'-2 I Residential Mixed Density District, to MX; Mixed Use , District, for the purpose of general or professional offices, such rezoning to be subject to the condition that the property will be , developed in subslantial Iconformitywith a I development plan prepared I I by Hill Studio dated January 7,2010. ! . A coPy of lhe application I , IS available for review in the' i Office of the City Clerk,' ! Room 456, Noel C. Taylor I Municipal Building, and 215 : Church Avenue, S.W., I Roanoke, Virginia. (. All parties in interest and ~ citizens may appear on the, P above date and be heard on I o the maller, If,you are a ' ~ person wilh a disability who I ,II needs accommodations for .0 this hearing; please contact i (. the City Clerk's Office, at I 853-2541, before noon on , the Thursday before the ? date of the hearing listed ~ above.' t GIVEN under my hand this' 23rd day of February, 2010. StephanieM. Moon, CMC City Clerk. , REFERENCE: 80027609 11990726 NPH-374 Elm-Daniel L 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 publ'ished in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: TOTAL COST: FILED ON: \\\\1111'", ,,\\ OY A I :'" ....,'~~~... . .. . ~ y. '...... ~ <Q"" NOT Afn>..~ "'-:. :: .. PUBLIC ". r.z- -:. ...*. RE .- = : G. #7090930: = .' : C"J: MY COMMISSION .: * = ,'t, -:. ~,'" ~/RE .. ~:: ".', ... -:;,- '. ~ }. .' .s::: :: I"~ -:.-~ '. ." ~... ..... '/t'~ ......... :0\5...... ....'I C4LTH Or '-\" "" I" ' \' "'11111\\\ -------------------------------~------------------+------------------------ (11990726) PUBLISHED ON: 02/26 03/05 393.12 03/05/10 Billing Services Representative '\ ~~~o NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, March 15,2010, 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 Daniel L. Crandall to rezone properties located at 368,370 and 374 Elm Avenue, S.W., bearing Official Tax Nos. 1020702 through 1020704, from RM-2, Residential i\:lixec1 Density District, to MX,Mixed Use Bistrict, for the purpose of general or professional offices, such rezoning to be subject to the condition that the property will be developed in substantial confomlity with a development plan prepared by Hill Studio dated January 7,2010. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, and 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 OftJce, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 23rdlayof February ,2010. Stephanie M. Moon, CMC City Clerk. . ~; Daniel Cr"a!l(bll-l"lczoI1C with prolTcr.doc Notice to Publisher: Publish in the Roanoke Times on Friday, February 26, 2010 and Friday, March 5, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Patrick T. Fennell, Attorney The Law Offices of Daniel L. Crandall & Associates, P. C. 366 Elm Avenue, S. W. Roanoke, Virginia 24016 (540) 342-2000 NPH-374 Elm Avenue-Daniel Crandall-rezone with proffer.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 March 4, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Mr. Everett Leigh Morgan, LLC Ms. Margaret G. Turner, Trustee Ms. Bettina Altizer Mr. Jeff Campbell, Old Southwest, Inc. Dearing Property Management Mr. Robert Wells Barnett Company BDW, LLC 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, March 15, 2010, 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 Daniel L. Crandall to rezone properties located at 368,370 and 374 Elm Avenue, S. W., from RM-2, Residential Mixed Density District, to MX, Mixed Use District, for the purpose of general or professional offices. 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. 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, ~rr,.~,~ Stephanie M. Moon, CMC 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: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk March 4,2010 CECELIA T. WEBB Assistant Deputy City Clerk Patrick T. Fennell, Attorney 366 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Fennell: 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, March 15, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. TaylorMunicipal Building, 215 Church Avenue, S. W., on the request of Daniel L. Crandall to rezone properties located at 368, 370 and 374 Elm Avenue, S. W., from RM-2, Residential Mixed DensityDistrict, to MX, Mixed Use District, for the purpose of general or professional offices. 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 March 15th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~~v n.. '1'hV Stephan,ie M. Moon, CMC City Clerk SMM:ctw. Enclosure AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: Daniel L. Crandall, Esq, 368, 370, 374 Elm Avenue, S.W. Tax Nos. 1020702-04, from RM2 to MX, conditional ) )AFFIDA VIT 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 1 st day of February, 2010, notices ofa public hearing to be held on the 18th day of February, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 1020701 , 1020705 1020216 1020218 1020220 1020219 1020717 1020718 1020719 1020720 Name Mailing Address Everett Leigh Morgan LLC 104 Cedar Grove PI, SW Leesburg, VA 24175 Applicant Dearing Property Management PO Box 8632 Roanoke, VA 24014 Margaret G. Turner, Trustee 6 Warner Street Greenville, SC 29605 Robert Wells 383 Mountain Avenue, SW Roanoke, VA 24016 Bettina Altizer 455 Laurelwood Drive Roanoke, VA 24015 Barnett Company BDW, LLC 517 Walnut Avenue, SE Roanoke, VA 24014 .~~~.w~~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 1st day of February, 2010. ._>. u :."1..., 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 Submittal Number: IOrig. ""'CU9,R ~~:re:to):1ij~t< 'l I Date: IJanuary 7, 2010 Req..... <<-...ct all that ~j: o Rezoning, Not Otherwise Listed I8l Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District Pr~ Information: Address: \368,370,374 Elm Avenue, SW Official Tax No(s).: 11020704,1020703,1020702 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: RM-2, Residential Mixed Density (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: IMX. Mixed Use ! Proposed Land Use: IOftice, General or Prof. Pro.pe..., Owner ........tJon: Name: Isee Attached Exhibit A o With Conditions I8l Without Conditions I Phone Number: I E-Mail: I I I Address: Property Owne~s Signature: ~ll~ InformatlGO Of different front own.~: +1 (540) 342-2000 I I Phone Number: E-Mail: I . Name: IPatrick T. Fennell I Phone Number: I + 1 (540) 342-2000 I E-Mail: I rFENNr.u.. @ r tC /JIM/nlt,,&.LA tAl .t:'o1fl Address: Authorized Agenfs Signature: Exhibit A to Zoning Amendment Application 370 Elm Avenue. SW (Tax ID: 1020703) Owner: Bolt, Louise H. (recently deceased) (Life Estate) · Patricia Eubank " f), , . 1/ If ~ Name: ~ Date: Patricia Eubank . Address: 3740 Colonial Avenue, SW Roanoke, VA 24018 · Nancy H. Rutledge Name: /-h-/{J Date: / - 6 -/.tJ Na Address: 2321 Bainbridge Drive Roanoke, VA 24017 . David C. Hale Name: Date: David C. Hale Address: 604 Noe Street San Francisco, CA 94114 374 Elm Avenue. SW (Tax ID: 1020702) Owner: Bolt, Louise H. (recently deceased) (Life Estate) · patricia;:~~~hI iJui Patricia Eubank Address: 3740 Colonial Avenue, SW Roanoke, VA 24018 Date: I-~-I() . NancyH.Rut!edg~ // ~~~' Name: ~ ;{I. ~~ Date: I-~ -/11 Nanc . Rutledge Address: 2321 Bainbridge Drive Roanoke, V A 24017 . David C. Hale Name: Date: David C. Hale Address: 604 Noe Street San Francisco, CA 94114 368 Elm Avenue. SW (Tax ID: 1020704) Owner: Ferguson, James E. & Patricia Anne Na (JrJ.>J,;;"4< c1 ~~ Date: I - 1.. 20/(1 V PalriciaA. Ferg on Address: P.O. Box 2262 Roanoke, V A 24009 "~ Daniel L. Crandall' Peter A. Katt Danny D. Ashwell, Jr. Patrick T. Fennell D. Adam McKelvey " ]l( '. ~,'.: ~:..,:'f,.' ,'",' ",,~-. ',. . Q[ranbaII& Jkatt Attorneys & Counselors at Law 366 Elm Avenue, S.w., Roanoke, VIrginia 24016 Telephone: 540-342-2000 Facsimile: 540-345-3527 .. al\l:l admlllcd m Wa~hing((Jn. DC January 7,2010' Written Narrative Summary As Contract Purchaser of the lots located at 370 and 374 Elm Avenue, S.W. (tax numbers 1020703 and 1020702, respectively), and the contract purchaser of the lot located at 368 Elm Avenue, S.W. (tax number 1020704), I respectfully request amendment of ' the zoning district for these three lots from their current RM-2 zoning district (residential mixed density), to the MX zoning district (mixed use), and in support of this request I submit the following: The Law Offices of Daniel L. Crandall & Associates, p.e. currently operates in its main building located on adjoining lots at 366 Elm Avenue, S.W., Roanoke, Virginia 24016, as well as a small additional office located on Franklin Road that is necessary to accommodate current increased personnel requirements. We have reached our maximum capacity in the main building, and wish to acquire two adjacent properties, located at 370 and 374 Elm Avenue, S.W., to provide additional office space for current needs. The properties located at 370 and 374 Elm Avenue each have a house and surrounding landscaping, including stone walls. We will be preserving the existing structures as they exist and will only renovate to replace deteriorated materials with like-kind building products. The houses, landscaping and stone walls on each lot are in grave need of restoration. In order to allow us to occupy the two houses for office space, it is necessary that the properties be rezoned from their current zoning district of RM-2, to MX, or mixed use. The rezoning of these properties will accomplish several goals that we believe are consonant with the City's future land use plan of preserving these locations for residential use. First, by acquiring these properties for our office use, we wiJl be able to expend the resources necessary to restore the houses to their original architectural beauty, with the consent and oversight of the Architectural Review Board. Second, by rezoning these two properties for mixed use, we will be afforded the additional office space that we require, and at the same time, through the mixed , use zoning designation, these properties will be preserved for residential use in accordance with the City's future land use plan. Thank you for your consideration of this application. ia KILL S T LJ DIO Crandall Properties Location Plan January 7, 2010 HSPC Project No. 0961 Adjacent Property Owners List L._.._, _ __ f- .-- ,,'..., .-- ..----. .-.' --- .-..- .- - .n__ _'un. -- ~LMA V~Il\JUE: CrandaHSidE? -IJ. __ . ~_ _____ _ __ ____ _ ___ T.'\X- IP #TADi)RE-SS _-__ _ I QYvNER-u~-~: rO~NER-Ai?DR~SS~~ =--- -(PROP. USE- . ---- -- 1020701,378 EIIJ! Av~., ~WJ ~y_~re~, L~ig~ _+19_~ CedaL9!:oye__pl.,~W_n ,3QO~ f\I1 ultiFal!1iIy 1 02 070Sl36~ EilnAvc:. sw. .. i~r;::~~t~nicjL:lli:~S;;;;;JlA~~. W~_7S_ - -f 14.0:C_"m.,10",ial . __. _ I-t& Ieresa L. _!BOC:l!10~~VA 219)6~__ ,Vacant , I ELMAVE~iiE: -O~p~site ofCran-dall- 1-- ----- --1-- , n. r -- - -- - . .! n.._ -,-_.- u_ ~_n_ _u i-- _In t--. \ -- TAX lp # L-.- ' I _ ___ __ ,ADDR.ESS___ iO\~~'!'{ER .__~.~~~ ~~i2RES~ _~ ._'_- lP-RQP. USE _ . 1020216:37_5 Elm Av.e., SW\N/A , __ _~309::MultiFa1!li.ly. ~--j~~~~ke,VA--z10-1.i_ _ L._ _ _ ~ ~I A __ _ -.if.O~ B()x 8632 _ __ __ ___ i 3Q..Q- M l!ltiF~_mily l _ __ m I ~l)anoke~'y A 240.1'1:____ ~_ _ _ . __ _ITll..r:ner, MCi.rgaretl~_W,!rner~t_ _ __ __ J~40-Col!1.!TI~rcialVac~pt i ~2~sg()W~Trustee1~~~.:g~~!!;6~~.2~~~~5_::~2 5Q t 3 00 ~ MultiFamily I -- -~ Roano_~e, y"A 21.914. --- i 1Q20?J81~73 ~lm Aye.,5W -- .-T --- - .-- - ---. 102021 ~~ ~m Ave.,_SW iO~022:oI365 E(~ A..v.e.-,-SW- 1- .- --- M~l}NT AIN AVENUE: .opposit~ ,of c;rf:lndCiI.l i __ - I ___. .__. TA~ ID # : __ '_ i __ ____ _~--.--------- !ADDRESS !OWNER ,OWNER ADDRESS 1 0207f7 i 383 Mountai~ Ave:, SWIWel1~, Robert A--+383 Mountain Ave., svi- - ,-.. .--- -- i-- "-- - tRo~ok-~:-VA'240i6- , ,__ _, ._.. 'n .__ _. _ _. ____ ..m'l_ _.. _, ._ ....... ,,__ .__. _ __ _ _u_ _u'__ 1020718 Mou~tain Av~~, SW :A)tize~, B~ttin~ C.+155 ~aur_elw_()~d_D~. 10207191373 M~~~-tai~ Ave.~ sW!Aiti~er,B~ttinac.:~~~~oL~~~j-~~]-~~. - - .. - i---- _n -- -- ,_m__ --.-.- IRoanoke,-VA 240i5 u_ - -,- ---.! - "-,- - . ---'-1 ..'- ------ ----.- .---.,--- ..--- --------.--.. ----.... . 10207?O: 3~7 MountaillAv~~, S\Y; Bal:ne~col11panY1~ 7~al!1ut ~y"'e_~, S.'I!__. I I BDW, LLC Roanoke, VA - _n 'PROP. USE I. .. .. ". . ." .. f 200~~iJ1g1eFami1y. , [100- Vacant ~and_ . 013 .QQ--!\1 ~Iti F:<imily ~ 30 O:_M ulpFCi.mily -," "..-'"'-_..-~..-._- - ._.~------,--_.._--,..._.._--'----_._'- ~,.~~Nn] f MiXED OENSITV I I J , i i ,... I o~ :! '" ! po. ;:: - ~ ~ ~ I ' .. ~ RM-'. ~ES\091~Al tA\X~ OENSlT'f ~ \ \ / ,'-- ",-.' j T ;'_'_) .1 ia H' LL Sl\lOlO crandal\ properties Adiacent properties & current Zoning January 7, 2010 HSPC project No. ()961 """3. ',~, Daniel L. CrandaW Peter A. Katt Danny D. Ashwell, If. Patrick T. Fennell D. Adam McKelvey ([ranbaII &: 1katt Attorneys & Counselors at Law 366 Elm Avenue, S.w., Roanoke, Virginia 24016 Telephone: 540-342-2000 Facsimile: 540-345-3527 '" al...u iklmlUcl! m Wil~hil\~iWI. DC January 7, 2009 Proffered Condition to be Adopted The applicant hereby requests that the following proffered condition be adopted as it pertains to Official Tax Nos. 1020702, 1020703 and 1020704. 1. The property will be developed in substantial conformity with the development plan prepared by Hill Studio, dated January 7, 2010, a copy of which is attached to this application as Exhibit B, subject to any changes that may be required by the City during comprehensive development plan review. --~--- .--.----. . 1II c: "'i Ul ,~.!! ~~ ... !. 0. ,3 .- e" ~i .rJ Q. c: ~'- .- 0:::: Cl)e "'l! s;. to ..,~ )(~o. III ~ 0 ... () 1) g ., it. ~ ~~ n\~ .' ~ ~ ~ ~~ i. ~ \ .(\ C:>\ N \\U~ \\\\ \~\h ~.\ ~i ~ -~ .i.), 0 - " '::Ii -: ~ - . i ~l'. \~~ l"'';;'' t ~\q\ I I ~ ~. ! ~~ flti~ ~ \~\\ ~~\lii~~ ~~ ~~~ \=- Q.-i ~! ... g 1\\ 9f(l ~qlQ ')(\11 5OJ,.0'ZQIIlIf ~ ' ~ ---' \ \ 'OEI 1 f; dA<;fi1e t ~ ,.... y~. , ! \ '>I\ lz:~ \ i~ \ \ i ~-' ~~~ ~i ~ g. ~ "-~~ I '~ .. ~~ , I ~! ~ '. ~s: ~ -0\ ~ "\)' ~ :;C Cf ~ u) . ~ ~ .--I:::~~.~~. . ~.,'. ::.', '. ,'. : .:: : 10E1 (1.) "a1ol.\<7 ~alld 35(1 A1I\.olli.:!'\JMW ~.~ IOLOZQ\ . ~ \ll..l~ ..Jc , _:l ~~ ~, ...'"R\~ C c... e..~ I ~.,~ WHAT ARE THE PRIORITIES OF THE OSW NEIGHBORHOOD? 3,'!: '2.OJ 0 1. To improve the quality of life for all residents. 2.To enjoy a community spirit. ",. ~,.~-, ~-~ ~ ., ...., '. ~ .-, 3.To save and enhance the historical significance of the built environment. HOW WILL THIS REQUEST FOR REZONING AFFECT THE OSW NEIGHBORHOOD? AND HOW DO THESE TWO HOUSES RELATE TO THE NEIGHBORHOOD? l.It will decrease residential use in the neighborhood. These two pre 1900 homes will be condemned as residential because rarely if ever does a residence ONCE converted to commercial use revert back to residential. In theory it could, in reality it would not. 2.It will further the creeping encroachment of commercial use into the residential use. 3.It will increase the "gray area". An area in the northeast comer of the OS W neighborhood in which "any expectation of additional conversion to commercial causes residential owners in anticipation of receiving high dollars from developers, to neglect the maintenance of their property." 4.It will send a signal to residential property owners that the city of Roanoke does NOT protect my investment. Home0wners will say, I am leaving the city and will quietly do so. And in place of them we get absentee landlords G,~~~ <\-0 6SlJ- L1~Vlt.t'~ ~'ooer aJ1A-11~ Hand out maps. Show zoning and use. ' ; CJ - v ~:- ~, , Show HSMM encroachment, doctors on oods Av ue. ~ I MR CRANDALL HAS MULTIPLE OPTIONS. 1. He c~ build on his vacant land adjacent to his building. Crandell Zoning. doc 3/15/2010 .. 2. He can rent office space nearby. Given the current economy there is plenty availabl~~ t-' ~ ~, 3. His argument that he will "fix the facade" is a small matter. A lot of houses in OSW could use some facade treatment. Coloring the facade does not "preserve the historical nature of the properties." 4.The use of the alley as a street. 5.Any zoning issues related to size of lot, buffers, etc. In 2006, City Council endorsed a ~Housing Strategic Plan. "It's goal is to reverse trends in the city, arrest housing conditions, stop loss of population... Meeting the goal will require many participants, and while the City should be a catalyst in the efforts to change the housing market, the most important long term participant must be the private sector." The City does not have sufficient resources without the investment of the private sector. The goals are further outlined to change the suburban sprawl. Roanoke needs a sustainable housing market. The private sector needs assurance that their investment in housing is safe. City Council plays a large role in the success of neighborhoods. OSW has shown a healthy activity by the private section on Miller's Hill, Victory Gardens and even on Marshall Avenue on the northern rim. For over 30 years housing conditions have ~proved and sales increased. A house on Marshall Avenue now rents for $1,000 a month. These two residential properties are contributing structures to the neighborhood. The City of Roanoke cannot afford to keep chipping away at this fine, historic neighborhood~~~ , '-- If you cut the arm off a little at a time, it never heals and always hurts." -- V ote no to the request to rezone. Crandell Zoning. doc 3/15/2010 .,. !. j, I, ~, if ~ ~. (. ~IJ,~ Old South\\ c;-;t f\'cighhorhu('\d PI:1I1 ~,"j', F! [, '~ j'~. --,-------- .;:;;-;:::---'~ - ,/ l 1 ./ 'I. ,1,-! --::=:-.:::.:.:~" '\ \\ I Old Southwest II Current Zoning :, ll,,_.,__c.___._..: coc _'____.-_-'"-_._ _ ______~,___=____....:....::='__ __of; 11 il :1: :, 'I 'I I' 11 , A /' - Q./ ,I I' " ,\ \::., <.:...- fzoning D;strict' -- .. _ IN !nst,tullona! .oil _ I2ZI MX M,xed Use I vll'- ~ eN NeIghborhood CommercIal ~-~~~ MX(c)' Mixed Use w/Conditfons I" ~:., CN(c) NeIghborhood Commercial w/Condrtlons L-::=1 RM.1 Srngle-famlly, limIted Duplex _ 0 Downtown [j71 RM-2 Mixed DenSity Resldentlal ,....:~~~::; D(c) Downtown w/Gond,t,ons _ ROS Recreation & Open Space cfJ' <c-= =',7,7"'=-:-=-7=-=,,:0, ..o_'-=-==-':-,_::;==-==-'--=."...c.-:;__--=-_"'.,,-.::"'.~\ X~. U se,., Y'r\ X. \flIlJ ~' ~ 151-Vacant-SFR-City _ 152-Vacant-State .,. 153-Vacant-Federal ~:__ 154-Vacant-Regional _ 155-Vacant-Religious 156-Vacant-Charitable 158- Vacant-Other _ 159-Vacant Land-SCC 200-SingleFamily .. 2260-Res Condo Parent _ 255-SFR-Religious 30D-Multifamily _ 354-Multifamily-Regional __ 355-Multifamily-Religious f _ 358-Multifamily-Other "~.-'" .i;(/' ! _ 400-CommercialJlndustrial ~~N '......,.,.// /Y Q,feen: Ya."n_..f!V~Rs/~1 420-Commllnd-Misclmp -"~'" /7'<./-' "1)_ /'l " ,,~~ .~~ -. /J / -. _ 451-Commllndust-City ./~> // "".., ," ~ . ""'" "I"~ : ,. 452 C /" ~>~\ ...'-..,., I~--. ":i)().... ~ / / - ommllndust-State . / 0-7'/\\ ""'~ ,/';- -"-,- -..~ ~_ _ .I 455-CommJlndust-Religious 0"..' / \ \ --, ;- ""A .. ~:\,--'--" V I _ ,v/lI \\ ,,/ U~'C . 456-Commllndust-Charltable,<" ~1/ 0 ' \ ,f/" -\. ~ ".. "'1', I _ 458-Comm/lndust-Other 0/; ~<<cJ5"-, .,).\ // '-., ~ ~ ....'" . ./lJ;. ~I.,,; '/ s~< -{~'-:/ \\ M-. ' - . - . - (t' r r~ 460-Commercial Condo ':/r/ O~ /~ (~I\t, "" ......, ~ // /\ /. /~/ / ~~/ \\ -/ '<S>UI?, ""'~(:')-- !! .1\ '. -- /-;j" ~,., V' ~,?Iy .......,., / / -''-._"~ if if .#.----...1 ,i .'.! }-.,~",-~.... 1 '''''.~!L., CO] / / .' .,),.,(?~~.!.~~"..J /' (.....S~H".._.' ( ""I-.c._..__~_N.!2~I2!?_AH i f ~..................~ ~..~J. ! __!'JORFO~K .. .... . ~..)-=:[r~:_;_.::..l \ \ i ! 1 1_~__T_---.t.~-~..~._~~.._.-J J' ".~~.---,..., i i ~ / ....-........ -..,r-.... -. ~...., ......... ; f i..-~~-... ~' -., '"'~..." " '. .... .... " '\ \ \ '\" ,/ /\ / \ L \ ~ Legend . '_ LandUse052909 ~ <all other values> PROPERTYDE -_ 100-Vacant Land 140-Commercial Vacant 1-1 C/)' ....] ! ..... ,<>.-' //" i / I- Z o ~ o !:!:! a..i ! ! , I .. , ,I"II} .//' // I' i a 2,C[, 0' JAWlL ~ REZONING APPLI:CA TION , CITY COUNCIL CITY COUNCIL CHAMBER, NOEL C. TAYLOR MUNICIPAL BUILDING , '. . TABLE OF CONTENTS: 'fAD 1: AGENDA TAB 2: JPLANNINGCOMMISSION HEARING AND RECOMMENDATION TAB 3: LETTER OF REQUEST FOR REZONING PROPERTY TAB 4: APPLICATION FORM TAB 5: CHECKLIST TAB 6: WRITTEN NARRATIVE SUMMARY TAB 7: 'LOCATION MAP TAB 8: ADJOIN GIN PROPERTY OWNERS LIST TAB 11: DEVELOPMENT PLAN TAB 12: PHOTOGRAPHS Meenng Agendas and PublIC Heanng Notices http://www .roanokeva.gov /85256A8D0062AF3 7 /CurrentBaseLink/ ... . Home >>City Council >>Meeting Agendas and Public Hearing Notices Meeting Agendas and Public Hearing Notices Council Agendas and Reports Notice otPublic Hearin~fMatters for Monday, March 15. 2010 at 7:00 p.m. Pursuant to instruction of the Councilor provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, the following matters were advertised for public hearing on Monday, March 15, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber located on the Fourth Floor of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W, Roanoke, Virginia 24011: 1. Request of Daniel L. Crandall to rezone properties located a1368, 370 and 374 Elm Avenue, S. W, from RM-2, Residential Mixed Density District, to MX, Mixed Use District, for the purpose of general or professional offices. 2. Proposal of the City of Roanoke to adopt a resolution reallocating the amount of $1,758,392 of the General Obligation Public Improvement Bonds of the City - authorized for issuance pursuant to Resolution Nos. 35489-080601 and 37373-041706 respectively ,by the Roanoke City Council and reallocating the amount of $565,000 of the General Obligation Public Improvement Bonds of the City authorized for issuance pursuant to Resolution No. 38205-081808 adopted by City Council. 3. Proposal of the City of Roanoke to amend ~32-104(d), Code of the City of Roanoke (1979), as amended, to clarify the tax credit on the personal property tax on motor vehicles which use clean Special fuels. . 4. Proposal of the City of Roanoke to lease approximately 603 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, to C. Roger Lamm, III, dba Big lick Pizza Co., on a month to month basis beginning Apri/1, 2010, such terms not to exceed twelve months. Citizens shall have lhe opportunity to be heard and to express their opinions on the abovementioned public hearing matters. If you are a person with a disability who needs accommodations; please contact the City Clerk's Office, (540) 853-2541, by Thursday, March 11,,2010. Agendas and Meetings Notice of Intent to comply with Americans With Disabilities Act. Special assistance is available fordisabled 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. For assistance, please contact the City Clerk's Office, 215 Church Avenue, S.W, Suite 456, Noel C. Taylor Municipal Building. or call 853-2541. · Regular meetings of the Roanoke City Council will convene on the first Monday of each month at 9:00 a.m., to conduct formal meetings, work sessions or closed meetings, and thereafter, City Council shall take up the regular agenda at 2:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W · Regular meetings of the Roanoke City Council wiIJ convene on the third Monday of each month, at 2:00 p.m., City Council shall take up the regular agenda, and thereafter, at 7:00 p.m., City Council shall take up matters on public hearings in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. · Special meetings may be held, or meeting times may be altered with prior notification to the pubiic. · The deadline for placing an item on the City Council agenda is 5:00 p, m., on the Tuesday preceding the Monday Council meeling. . Regular meetings of the Council are formal proceedings. City Council meetings are televised live and replayed at various times by RVlV Channel 3. All comments are recorded on tape. An agenda is provided for the convenience of the public and the Council. Council reserves the right to alter the agenda at any lime without prior notice. GUIDEUNES FOR CITIZEN PARTICIPATION 10f2 3/9/2010] 0:27 AM ~."--".""b" ..0-....--.... ...~.._.. .............- .......--.. .....0.. ''''''''.''''~... .II"'''p.11 H H n.J VLLUVn.A..I \,U'OV\" U...J",",JVr\.U.l....'VVVkr\.J J "'vW I ~IIUJa;)~LllU\l ... The Roanoke City Council aims to provide a high quality of service, in a safe and secure environmenlln order to achieve this, the following behavior will not be accepted. . . Behavior which is disruptille and interferes with the process, function, and enjoyment of the meeling; · Harassment or the lhreat of violence loward City Council, staff, or members of the public; and · Use of mobile communication devices while in Council Chambers. Your assistance will be greatly apprecialed. If YOU wish to address the Council: Arry person wishing to address Council will be required 10 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 meeling. Once the Council meeting has convened, there will be no further registration of speakers, except for public hearing matters, If you would like your comments to be made a part of the record, please file a copy with ttie City Clerk. A spokesperson may be named to present a group position, with others in agreement being recognized by standing. Council will try 10 hear everyone who wishes to speak on a subject, but occasionally discussion is limited becauSe of time, On any single agenda item, one to four speakers will be allotted rille minutes each and five or more speakers will be allotted three minutes each. When YOU are called upon to sDeak. YOU are reauested to: 1., Come to the speaker's podium. 2. State your name. address, the party that you represent and direct questions to the Mayor. 3. Address your remarks to the Mayor and Members of CounCil and notto the aLdience. 4. File all written statements, along with other documentation, with the City Clerk. Persons sDPearfna before Council will not be sHowed to: 1. Campaign for public office. 2. Promote private business ventures. 3. Engage in personal attacks. 4. Debate among the audience. 5. Use profanity or abusive language. 6. Jeer, cheer, or applaud, exce'pt during ceremonial matters. . Thank yOU for taking time to participate in your City Council meeting. The Mayor and Members of Council invite and encourage you 10 attend wheneVer possible because good government depends on the interest and involvement of citizens. . 20f2 3/9/20 I 0 10:27 AM . DanielL. Crandall' Peter A. Katt Danny D. Ashwell, Jr. Patrick T. Pennell D. Adam McKelvey QCranbaII &: 1!att Attorneys & Counselors at Law. 366 Elm Avenue, Sow., Roanoke, Vrrginia 24016 Telephone: 540-342-2000 Facsimile: 540-345-3527 . also admitted,in W8lihin~lon. DC January 7, 2009 HAND DELIVERED 'Ms. Maribeth Mills City Planner II City of Roanoke 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Re: Application for Conditional Rezoning Dear Ms. Mills: . . I have enclosed the following documents in support of my request for rezoning of the property located at368, 370 and 374 Elm Avenue, S.W.: 1. Application Form; 2. Checklist; 3. Location Map; 4. Adjoining Property Owners List; 5. Check payable to Treasurer, City of Roanoke in the amount of $925.00; 6. Written Proffer; and -7. Development Plan. <II Thank' you very much for your assistance in the preparation of this application. If you have any questions please call me or my associate, Patrick Fennell. \. 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 March 17,2010 Donald G. Gurney, Esquire Hawkins, Delafield & Wood, LLP 67 Wall Street, 11th Floor New York, New York 10005 - Dear Mr. Gurney: I am enclosing a certified copy of Resolution No. 38755-031510 reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 35489-080601 as supplemented by Resolution No. 37373-041706 and under Resolution No, 38205-081808. The abovereferenced measure was adopted by the Council of the City .of Roanoke at a regular meeting held on Monday, March 15, 2010. Sincerely, ~ m. YlJbuJ Stephanie M. Moon, CMC City Clerk Enclosure K:\Agenda Correspondence\March ]5, 2010.doc Donald G. Gurney March 17, 2010 Page 2 pc: The Ilfonorable Brenda S~ Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann ~. Shawver, Director of Finance Sherrran M. Stovall, Director, Management and Budget I . I K:\Agenda Correspondence\March 15, 2010.doc ,~ IN THE COUNCIL OF THE' CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38755-031510. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, REALLOCATING THE PURPOSES AND THE AMOUNTS OF THE GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AUTHORIZED FOR ISSUANCE UNDER RESOLUTION NO. 35489-080601, AS SUPPLEMENTED BY RESOLUTION NO. 37373-041706, AND UNDER RESOLUTION NO. 38205- 081808 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Reallocation of Amounts Set Forth in Resolution No. 35489- 080601. As Supplemented by Resolution No. 37373-041706. (a) The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement,. extension, enlargement and equipping of "Public Buildings" the amount of $1,758,392 set forth in Resolution No. 35489- 080601 adopted by the Council on August 6, 2001, as supplemented by Resolution No. 37373- 041706 adopted by the Council on April 17, 2006, for "Libraries". (b) After the reallocation effected pursuant to Section 1 ( a) hereof, Section 2(b) of Resolution No. 37373-041706 is hereby amended to read as follows: "(b) After the reallocation effected pursuant to Section 2(a) hereof, the purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $31,245,000 authorized for issuance under Resolution No. 35489-080601 and the general obligation public improvement bonds of the City in the principal amount of $830,000 authorized for issuance under Resolution No. 35736- 012202 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set for the below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount . Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Improvements Libraries Public Buildings Schools . Stadiums $ 5,445,000 5,000,000 3,831,608 1,758,392 4,600,000 11.440.000 $32,075,000" 618848.1032173 RSIND - 2 - SECTION 2. Reallocation of Amounts Set Forth in Resolution No. 38205- 081808. (a) The Council hereby reallocates to the. costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Buildings" the , amount of$565,OOO set forth in Resolution No. 38205-081808 for "Public Libraries". (b) After the reallocation effected pursuant to Section 2(a) hereof, the purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $8,210,000 authorized for issuance under Resolution No. 38205-081808 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the . difference may be applied to any of the other purposes so set forth: Purpose Public Schools Public Libraries , Public Bridges Streetscape Projects Public Buildings Amount $2,500,000 1,295,000 1,700,000 1,150,000 1.565.000 $8,210,000 its adoption. SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon ATTEST: ~h;. TY}oMJ City Clerk. 618848.1032173 RSIND t~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38756-031510. AN ORDINANCE to' de-appropriate funding from bond funds for various projects and to transfer funding from 2002A, 2008A VRA and cash funding to the Police Academy Facilities project, amending anq reordaining certain sections of the 2009-2010 Capital Projects, Golf Course and Amphitheater Funds 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, Golf Course and Amphitheater Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Appropriated from 2010 Bond Funds Curb, Gutter, Sidewalk FY10 Melrose Avenue Bridge over Peters Creek Road Police Academy Building Appropriated from General Revenue Appropriated from General Revenue Appropriated from 2010 Bond Funds Appropriated from General Revenue' Appropriated from 2002 Bond Funds Appropriated from 2009 Bond Funds Appropriated from 2009 Bond Funds Appropriated from General Revenue 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 Restroom Huff Lane Park Restrooms/Picnic Shelter 08-530-9524-9302 08-530-9526-9324 $ ( 400,000) 1,000,000 400,000 3,000,000 ( 61,000 ) ( 241,000) (1,000,000 ) 456,608 1,758,392 (3,000,000 ) 565,000 ( 154,608) ( 132,600) ( 243,400) ( 312,600) ( 41,400 ) ( 60,000 ) '. 132,600 08-530-9526-9325 08-530-9540-9976 08-530-9575-9003 08-530-9680-9003 08-530-9791-9302 08-530-9823-9003 08-530-9823-9076 08-530-9823-9201 08-530-9823-9301 08~615-9862-9003 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 243,400 Fishburn Park Restrooms/Picnic Shelter 08-620-9702-9319 312,600 River Edge Park Athletic Field Irrigation Upgrades 08-620-9702-9320 41,400 Park Paving Projects 08-620-9702-9321 60,000 Washington Park Pool Improvements 08-620-9702-9328 1,910,000 Appropriated from 2010 Bond Funds 08-620-9764-9302 \ ( 1,910,000 ) Full Service Branch Library 08-650-9724-9310 1,000,000 Renovated Branch Opening Day Collection 08-650-9724-9311 (. 85,000 ) Renovation/Expansion Branch - Gainsboro 08-650-9724-9312 124,000 Renovation/Expansion Branch - Jackson 08-650-9724-9313 . 102,000 New Storefront Branch 08-650-9724-9314 69,000 Appropriated from 2002 Bond Funds 08-650-9728:9076 ( 17,303 ) Appropriated from 2009 Bond Funds 08-650-9728-9301 ( 17,000 ) Appropriated from 2002 Bond Funds 08-650-9729-9076 - , ( 133,590 ) Appropriated from 2009 Bond Funds 08-650-9729-9301 ( '124,000 ) Appropriated from 2002 Bond Funds 08-650-9730-9076 ( 238,384 ) Appropriated from 2009 Bond Funds 08-650-9730-9301 ( 1,000,000 ) Appropriated from 2002 Bond Funds 08-650-9731-9076 (1,369,115 ) Appropriated from 2009 Bond Funds 08-650-9731-9301 ( 69,000 ) Appropriated from 2009 Bond Funds 08-650-9747 -9301 ( 565,000 ) Golf Course Fund Appropriations Countryside Golf Course 15-300-9345-9328 1,500,000 Appropriated from 2010 Bond Funds 15-300-9724-9302 ( 1,500,000 ) Amphitheater Fund Appropriations Appropriated from 2010 Bond Funds 16-530-9118-9302 ( 1,200,000 ) Elmwood Park Amphitheater 16-530-9528-9322 1,200,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ,~ 1r-).lrIr\u~ City .Cle~k. - ) 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 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance March 15, 2010 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: Budget Adjustment to Reflect Revisions to Capital Improvement Program On May 19, 2008, City CoLincil approved the Comprehensive Agreement for the design and construction of a Police Academy Facility and authorized, in advance of issuance, $5.5 million of Series 2008A Virginia Resource Authority (VRA) bond funding. The Comprehensive Agreement provided a Police Academy of approximately 25,586 square feet including a gymnasium and a water safety training facility. A total project budget of $7.1 million consists of $5.5 in bond funding, $1.3 million from Police Asset Forfeiture funds, and $.3 million in cash funding. On July 20, 2009, City Council approved the Capital Improvement Program (ClP) Update for FY 2010-2014, and subsequently, modified the update on August 3, 2009. The ClP includes planned bond issuance for FY 2010 in the amount of $13.945 million, which City Council authorized on second reading on September 22, 2009, for the following projects. . Roanoke River Flood Reduction - · Parks and Recreation Master Plan - . Elmwood Park Amphitheater - . Bridge Renovation/Repair - . Curb, Gutter, Sidewalks - . School Roof Repair/Replacement - $1,455,000 6,740,000 .1,200,0'00 1 050 '0''0-0' . , , 1 ,000,000 2,500,000 Honorable Mayor and Members of Council March 15, 2010 Page 2 Council also appropriated funds in advance of debt issuance for several of the projects referenced above, in addition to the Police Academy and Library Master Plan projects during FY 2009. On January 19, 2010, Council directed staff to move forward with a recommended plan to reprioritize the timing of planned bond issuance as outlined in Attachment A. Given the revised timing of planned bond issuance, funding appropriated in advance of bond issuance will need to be de-appropriated from the following projects: . Police Academy . Library Master Plan o Storefront Branch o Gainsboro Branch o Jackson Park Branch o Full Service Branch . Countryside . Washington Park . Park Improvements . Bridge Renovation/Repair . Curb, Gutter, Sidewalks . Amphitheater $3,000,000 1 ,210,000 $ 69,000 124,000 1 7,000 1 ,000,000 1,500,000 1 ,91 0,000 790,000 400,000 1,000,000 1 ,200,000 The revisions to the timing of debt issuance will result in a decrease in the ClP in the amount of $12,227,078. Recommendation: Hold a public hearing at Council's regular 7:00 p.m. meeting on March 15, 2010, on the reallocation of general obligation public improvement bonds in the amount of $2,323,392. Following the public hearing on March 15, 2010, adopt a resolution authorizing the reallocation of the Series 2002A and 2008A VRA bond funds for the Police Academy Facility project. Adopt the accompanying budget ordinance to reallocate previously appropriated funding from prior year bond issuance and cash funding in the amount of $2,780,000 as detailed below to the Police Academy project: Honorable Mayor and Members of Council March 15,2010 Page 3 Project Name Account Number Series 2002 Series Cash A 2008A Fundinq Jackson Park 08-650-9728-9076 $ 17,303 $ - $ - Librarv Branch Gainsboro 08-650-9729-9076 133,590 - - Branch Library Full Service' 08-650-9730-9076 238,384 - - Librarv Branch Storefront Branch 08-650-9731-9076 1 ,369,11 5 - - Library Opening Day 08-650-9747-9301 - 565,000 - Librarv Collection Melrose Fire-EMS 08-530-9680-9003 - - 241 ,000 Station #5 Market Rate 08-61 5-9862-9003 - - 154,608 Pu rchase Rehab Capital Project 08-530-9575-9220 61 ,000 Continqencv Total $1,758,392 $ 565,000 $ 456,608 Numerous resolutions have been adopted as outlined on Attachment B that support the adoption of Series 2002A bond funds. The accompanying budget ordinance also de-appropriates bond funding outlined above as per City Council's direction on January 19, 2010. Respectfully su bmitted, IQB~ Ann H. Shawver Director of Finance Attachments c: Christopher P. Morrill, City Manager Stephani.e M. Moon, City Clerk William M. Hackworth, City Attorney James Grigsby, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall; Director of Management and Budget II) c o .Vi .;;: CIl 0:: a.. U <( C QJ E .s:: (J ~ ::( 1: v,u.. c o 'Vi .;;: CIlN 0::... "0>- CIlu.. II) o Q. o a.. U 'E ~ ... :J U CIl (J c Cll :J II) .!!!. "0 CIl C C Cll c::: ..... - 0 ...f-f- Cll CIl >- o o , o. o o OJ ... ;:: u.. 0" ... >- u.. ~ :J "0 CIl "0 CIl CIl C o o 0' o "<I' (0. o ... >- u.. (5 c .s:: II) Cll (J ~ 000 egg g 'Vi 0 0 0 "'C ""'" 0 "r""" ~ <DON CO' T""~ {'f)h T""h a; "0 CIl (J C Cll :J II) .!!! :5 CIl "0 '5 .c ." o >- u.. 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OOOCO.,.... Cf) aLOLOO(() CQ CONN(")lO T""" ~ 'T"""R...h...h L(f T""" .,.. .,.. .,.. o N >- u.. c .2 tl :J "'C QJ 0:: .>< "'0 ro~ g c ~ ~ ~~~~g ~ ~ ai.Q :2 ~~-g~ ~a::c>0::Q; g &.oh2.::.:: ~~:J'61ro O::OOUo~ <ii (5 I- o 0 o 0 10.. I 0.. N 0 "<I' ID "<1'_ N_ O .,.. .,.. o o 10.. I o o OJ_ "<I' 0000 0 0000 0 0000 0 ONOO N O"<l'OID ." M_ "'I:t_ 00_ N_ ,.... T""" 0 ""'" T""" .....: .,.. .,.. c o ~ :J "'C QJ 0:: N .,.. o N >- u.. QJ "'C '" ... C 010 '- ~:;::o'" Q) Cii -' > ~~~g ~~&!& g ~2 ~ :g i; '5> :E O:::.Jooo "'C o C o '" U::o: <ii (5 I- o 0 o 0 10_ I D_ O 0 ID 0 t--. o. N C') .,.. o o 10_ I o o O_ N 0000 0 0000 0 ~.~-~.~ d OIDOO ID Nt--OO ." ...- c'.f ('.1- M- co'" .,.. .,.. c .2 tl :J "'C QJ 0:: c '" 0: :;; u; c Cll .2 ~tl 2 u; c o U M .,.. o N >- u.. "'C C o c .2 o ro ro U::O:QJ Q) Qj ~ >u;a::w ~~-gm .::.:: >.cofi gro~~ '" ... ... ~:3~~ <ii (5 I- "<I' .,.. o N >- u.. lo o o o ID t-- ID- .,.. o o o N -<t ." ..; .,.. o o o o o o N .,.. ID N ." .,,- N t-- M .,.. o o o .0 co N ..; o 0 ID o 0 N o. 0 ." C') M- .,,- .,.. .,.. .,.. (oCDM cti CD c o ~ :J "'C QJ a:: "'C o o u:: :;; > a: QJ .>< o C '" o 0:: <ii (5 I- "0 c Cll ... (!) <ii (5 I- Attachment B Additional Information from Prior Council Actions On August 6, 2001, City Council adopted Resolution 35489-080601 authorizing the City to issue general obligation public improvement bonds of the City in the principal amount of $31 ,245,000, $16.2 million of which was for the Stadium/Amphitheatre project. On January 22,2002, City Council adopted Resolution No. 35736-012202 authorizing the City to issue general obligation public improvement bonds of the City in the principal amount of $830,000 for the Stadium/Amphitheatre project. On April 17, 2006, City Council adopted Resolution 37373-041 706 reallocating the purpose of $5.59 million of the general obligation public improvement bonds from Stadium/Amphitheatre to Libraries. On April 16, 2007, City Council adopted Ordinance 37737-041607 transferring Series 2002 General Obligation Bonds from the Library Facilities Project to various new library projects. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 12000679 NPH-Public Improveme State of Virginia City of Roanoke I, (the undersigned) an authorized representat i ve 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 Vi~~~~nia. Sworn and subscribed before me this _~_day of MAR 2010, Witness my hand and official seal, _~~~__ Notary Public PUBLISHED ON: 03/01 ",'"l/1111 \,\ t. D"l ,\ ~Ol"' . CL- " ,,~ . .. '" ,"// " '- . . , , ~A" ~.. 0 .... NoTARY"'v~ ':;.. :: ~: PUBLIC '. ~ ~ .. 'R '(j')- = *" [ EG. #7044193 ~ (j) : :. (") : MY COMMISSION : * = - s;.', _~XPIB S : :: "~._rj .~.... -:. ~ " fJ .' ~ ~ ;....~,',.. .......~..... .. '''/y, ...... ~v.. "'"'' ~4LTH 0"" ~\ ", "" ,\' """11\\\ TOTAL COST: 215.28 FILED ON: ???????? I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r-N-onCEoF pUBLIC I NOTICE~~~~~~Y GIVE~J pursuant to Section! 15.2.2606.A of the Code of, Virginia, 1950, that the: Council of the City of Roanoke, Virginia (the! i'City"), will hold a publici nearing on Monday, March! 15,2010, at 7:00 P.M"I local time, or as soon as the matter may be heard; in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution reallocating the amount of $1,75B,392 of the general ,obligation public improvement ,bonds of the City authorized for issuance under; .Resolution No. 35489.080601 adopted by the Council on August 6, 2001, as supplemented by Resolution No. 37373.041706 adopted by the Council on April 17, 2006, from the purpose of "Libraries" to "Public Buildings", and reallocating the amount of $565,000 of the general obligation public improvement bonds of the City authorized for issuance under Resolution No. 38205-081808 adopted by the Council on August 18, 2008 from the purpose of "Public Libraries" to "Public Buildings". The members of public are invited'to attend the public hearing and to appear and present their views on the proposed resolution, The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Oated: March 1, 2010 STEPHANIE M. MOON, CMC I 'i.',. CityCierk 1112(00679)""; '-"'f --------------------------------------------------+------------------------ Authorized ~ ....JL IY/Lh · Signature'-f~~---_z~' Billing Services Representative v\t\~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, March 15, 2010, at 7:00 P.M., local time, or as soon as the matter may be heard, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution reallocating the amount of$1,758,392 of the general obligation public improvement bonds of the City authorized for issuance under Resolution No. 35489-080601 adopted by the Council on August 6, 2001, as supplemented by Resolution No. 37373-041706 adopted by the Council on April 17, 2006, from the purpose of "Libraries" to "Public Buildings", and reallocating the amount of $565,000 of the general obligation public improvement bonds of the City authorized for issuance under Resolution No. 38205-081808 adopted'by the Council on August 18,2008 from the purpose of "Public Libraries" to "Public Buildings". The members of public are invited to attend the public hearing and to appear and present their views on the proposed resolution. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue,. S.W., Roanoke, Virginia 24011. Dated: March 1,2010 STEPHANIE M. MOON, CMC City Clerk City of Roanoke, Virginia [TO BE PUBLISHED ON MONDAY, MARCH 1, 2010, AND ON MONDAY, MARCH 8, 2010] 604858.1 032173 FRMS Notice to Publisher: Publish in the Roanoke Times on Monday, March 1, 2010, and Monday, March 8, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Ann H. Shawver, Director of Finance 215 Church Avenue, S. W., Room 465 Roanoke, Virginia 24011 (540) 853-2821 2 604858.1032173 FRMS 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 JONA THAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk March 17,2010 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 38757-031510 amending of Subsection (d) of 32-104, Levied: rates, Article III, Tax on Tangible Personal Property Generallv, Chapter 32, Taxation, Code of the City of Roanoke which provides for a special personal property tax rate for certain motor vehicles which use clean special fuels; and dispensing with the second reading by title of this ordinance. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 15, 2010. Sincerely, ~ 111. fljow Stephanie M. Moon, CMC City Clerk Enclosure K:\Agenda Correspondence\March 15, 201O.doc Municipal Code Corporation March 17,2010 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court The Honorable Sherman P. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Ronald S. Albright, Clerk, General District Court David ic. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Lora A. Wilson, Law Librarian Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Roy M. Mentkow, Director of Technology K:\Agenda Correspondence\March 15, 201O.doc j IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2010. No. 38757-031510. AN ORDINANCE amending of Subsection (d) of 32-104, Levied: rates; Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke which provides for a special personal property tax rate for certain motor vehicles which use clean special fuels; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-104, Levied: rates,' Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke, is amended to read and provide as follows: *** (d) Effective January 1, 2010, the tax rate contained in this section shall not apply to motor vehicles which use clean special fuels, as defined in ~58.1-3506.A.22, Code of Virginia. For purposes of the taxation of such vehicles pursuant to this article, there is hereby imposed and levied, and there shall be collected, for each tax year, a tax at the rate of three dollars and forty-five cents ($3.45) on every one hundred dollars ($100.00) of the fair market value of such vehicle; provided that the owner shall receive a credit of ten, percent (10%) on the taxable amount the amount due after the State's personal proper~y tax relief (PPTRA) has been applied to the tax. . 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATT,EST: . i~ IYJ. h1o~ . City Clerk. L K:\Measures\Code Amendment add d to 32-104 Personal Property Taxes 2010 redo.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 March 15, 2010 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: Revised Ordinance for Personal Property Tax Incentive for Owners of "Clean Special Fuel" Vehicles Background: On October 22, 2009, Council adopted a tax incentive for owners of clean special fuel vehicles as part of the City's ongoing effort to reduce its carbon footprint. As defined by Secti.on 46.2-749.3 of the Virginia State Code, "clean special fuel" means "any product or energy source used to pr.opel a highway vehicle, the use of which, compared to conventional gasoline or reformulated gasoline, results in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide or particulates or any combination thereof. The term includes compressed natural gas, liquefied petroleum gas, hydrogen; hythane (a combination of compressed natural gas and hydrogen), and electricity." The category includes ~any, though not all, hybrid vehicles. Considerations: The ordinance that was adopted at that time references that "the owner shall receive a credit of ten percent (10%) on the taxable amount" of the fair market value of the clean special fuel vehicle. The .ordinance should be amended to read "the owner shall receive a credit of ten perceht (10%) on the amount due after the State's personal property tax relief (PPTRA) has been applied to the tax." Honorable Mayor and Members of City Council March 15,2010 Page 2 Recommended Action: Adopt the amended ordinance establishing a 10% credit on the amount due from the owners of clean special fuel vehicles after the State's personal property tax relief (PPTRA) has been applied to the tax to be effective January 1, 2010. Respectfully submitted, {!)Lp~ Christopher P. Morrill City Manager CPMjrbl Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer 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 Roy M. Mentkow, Director of Technology CM 1 0-00047 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S OFFICE 215 CHURCH AVE RM 4 ROANOKE VA 24011 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I otary Public. 1111 I ,.., II" ........,\~~~.J:: f.-q~/";,,.. '" ~., '. r-t;. , $' ~ ..' NOTARY','.. ~ -=:. :: ... PUBLIC '. '-'t- -;. g * t REG. #7090;0 ': * ~ : C") ~ MY COMMISSI : : ;~_... ~IR ':;$: ".' ':. ~_ '. ... ,,' ~ .. ,.~. fG" '",~~ti,EA'iiH 0\ :~~~~..,.... 1, 'f, i ~l 'r"\''t-;~' Reference: 80023382 12003695 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 fol/owing dates: City/County of Roanoke, Commonwealth/State of Vir~.ia. Sworn & subscribed before me this ~n, day of March 2010. Witness my hand and official seal. PUBLISHED ON: 03/05/10 TOTAL COST: FILED ON: 156.00 3/5/2010 -- -_.~- -------- i NOTICE OF PUBLIC I I HEARING : , Notice is hereby given that, the Cily Council of the City of Roanoke 'wiU hold a public hearing at its regular meeting 10 b,e held on, Monday, Marcl] :15, 2010, ' commencing a17:00 p.m., . in the Council Chambers, I 4th Floor, Noel C. Taylor' Municipal Building, 215 : Church Avenue" S.W., Roanoke, Virginia, 'or as , soon thereafter as the mailer may be heard, on I the issue of amending! g32-104(d), Code of the I City of Roanoke (1979), as amended, to clarify the tax credit on the personal property tax.on motor vehicles which use clean special fuels. The proposed ordinance is available for examination by the public in the Office of the City Clerk, Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. If you are a person with a disability who' needs accommodations for this public hearing, contact the , City.Clerk's Office, I 853-2541, by 12:00 noon on ThUrsday, March 11, 2010. GIVEN under my hand this, 1st day of March, 2010. Stephanie M. Moon, City Clerk. (12003695) ------------------------------------------------------------------------------------------------------------------------------------------ Authorized v-: ~ · Signalure If4I!.fk 7j . 'i/J4)11iA ( ,/ , Billing Services Representative ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, March 15, 2010, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the issue of amending 932- 1 04( d), Code of the City of Roanoke (1979), as amended, to clarify the tax credit on the personal property tax on motor vehicles which use clean special fuels. The proposed ordinance is availa,ble for examination by the public in the Office ofthe City Clerk, Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, March 11,2010. GIVEN under my hand this 1 st day of Mar'ch , 2010. Stephanie M. Moon, City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, March 5, 2010. Send bill and affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 K:\NOTlCES\20 I OIMARCHlNPH-CLEAN FUEL VEHICLES. DOC ':C,:,;::~p.[r'"", ,'.c,Ol'fJerate1,.. fu<Jl'I 110..1\,,,,,,,.::> ,.:/'~:: ..~. .ExPfeSs...1J . A BuIlrmonn Company ~._:' c@ .. _ !/',._ :r::=;---,.c;....,..a:.~~..,...,~~.~,;;:;?;,-~';.~:~~~!.<:~.:.:::~. _~ --=~--:":-:,- - ._'_. ":'~- ~~'!._'-"'?'"~. '-'~~~-'-~~~"'~'.~-'-<'-~ ~1t'$~~;~,'-,;..ww'~):"'''~~!}l:,,:,~''''1 -." f" -e . ~ -. -- -- ~- . f( ~ r .- , I . "-hr success urf) 'fhftf mInds . . < i sfands I .fL.fs 4re, .' Bfde.ve9fdAv In It) ff,'Pr{ hes+ ()CUlO . ~ scho6/S. Tn/:5 -encc}Y'-rpfI?W1T i(t -fl~( ~#enft{)tL-fo{ t!ete, ~ ~he_~~e;~ -z .71. ~~(~-LJ CU1 . v. to n e v I -e.s addi-fro de ft;;~. !!:e,~ e~~d-C~ds tuiil. (l-o- DU[ oJ)/lf!,/tAu:1u..ca:for::> .40. .. j- +h~.-Ltda o-P ~5r ' , '. .."... . " . t fYI(. ':Ste. -k:,("\ uJ tG\Vle./ ~-'I Recvcle! Schools need money because of Huge Budget cuts. pre~t9-'t.e.@r.I.L!;!~m~!1~!Y. 1972_ Go Back In Time. My 5th Grade Teacher, "Mr. Nineger"Taught us to Recv~1e Cans. We brought cans to school to save in a huge cardboard box placed in the Hallway! Outside our classroom. The price was 10 cents per pound then. 2010 The Present! I still collect cans. They have fluctuated in over the years. And in different cities, and states, the price is different. The Summer of 2008 the price was 60 cents per pound. Then around November 2008 the price dropped to half the price which is 30 cents per pound. Slowly it has been climbing back up, as of 02/25/10 it is Over the years I learned through aquaintances that other metals can be recycled. Also. In BoyScouts I learned about Recycling Newspapers and cardboard-What I am getting at is there are things that we can do as citizens, humans, and parents to get this economy started again plus help Mother Earth! One Most Important To Me. Do Not Let Education' Be Cut~ or Schools be closed. or Tea"hers Be Laid Off. The Campbell Soup Company pays, Schools for the points from the UPC Symbols on their cans. If they take the time and initiates to print them on the cans, we as parents should cut them off and send them in for-$ for our schools. Expand this incentive to just regular citizens without children. My neighbors, friends, and relatives help me and save them for my daughter's daycare. They had to use . them to order glue for the crafts program. This little piece of paper saves some room in the landfills. I then save the tin can to turn into the recycling center. Phone# 8()()-424-5331 ~-1 ~ " .\:.." ~~ . . + i 'J +knolN that Delftlnoes"Pizza'ilonates 10%""tof.a;>ene-'dayprOfit per month to a certaiRschool.and Chuck E Cheese Pizza donates 15% of a one day a month to a certain school. Then I suppose the companies choose a different school for the other days of the month. Folks that aren't parents or do not have children in school, do not know about many of these programs. We need a public announcement to alert all citizens in our area about these companies that are contributing to our schools. Maybe other corporations will jump on the band wagon to help. Our schools will benefit a lot more from everyone saving the coupons and packages. Others that I know of: Campbell's Soup Betty Crocker General Mills Pillsbury Capri Sun Lays (Frito Lay Corporation) Cool Aid Drinks Appalachian Power could win back customers support by donating some of their 27% profits to schools. Our schools are getting flushed down the toilet while large corporations are making a profit. You wanted to displace the Roanoke City Market building tenants to renovate it. The Market building is fine compared to misplacing innocent children to different schools and a new bus system. You want to build an amphitheater but close my JV high school, William Ruffner. Wake up and act like adults.' Please stop this insanity. Our children need to be taught leadership and they need to lead future generations by the examples we have shown them. Our local government needs to stop playing games, having cocktail parties and receptions. Spend the money on schools and education of future America. Mr. Cooper, independent running for city council, mentioned an amphitheater and golf course before he mentioned schools, education, or health care in his speech on 3/5/2010! In 2000, I visited my step niece up in Fon De Lack, Wisconsin. She told me that her town would impose fines on residents that did not recycle. If we do like other states, and impose a deposit fee on bottles and cans, then people will think twice about throwing trash out in our streets. Read the side of the next drink container that you use. I know that it will have the recycle arrow symbol on it. Also one or more states listed and the deposit amount (.05 cents or .10 cents ect...). Bars, clubs, organizations, and restaurants should seperate the drink containers for the city to recycle. If they do not want to comply, they should be fined. Instead of the 2% tax on prepared food that Roanoke councilman Court Rosen has proposed. Go back to reusing glass bottles. Just think of the room that they take up in the trash dumps and land fields. Other corporations offer money for a small coupon that they take the time to print on their packages. General Mills-Cereals, granola bars ecL Betty Crocker-Cake mixes, icing ect... \ Some toilet paper companies Totinos Pizza Rolls These are called: Box Tops for Education. They are worth .10 cents per coupon. I did not know about his myself until I acquired custody of my daughter in 2007. She was in kindergarten and they sent home a collection paper to win an ice cream party for the class. Well now it is not about ice cream. It is about keeping schools functioning and open. Plus our children and grand children will get the education they deserve. Also teacher's, custodians, and grounds keepers will still have their jobs. What will the~ play grounds look like in 1-3 years? Over grown with weeds? That's what! In 2009, the Frito Lay Corporation launched a campaign to help schools acquire funds. Lays potato chip bags were .02 cents per bag. I just saw on ABC channel 13 news 2/24/10 that they are recycling them into hand bags, purses, after being coated with a plastic substance. The other company is Capri Sun Juice drinks. They will make pencil cases and tote bags. Also .02 cents per pouch for the schools. These companies advertise it on the back of their packages. They have a web site www.caprisun.com/terracvcle. See cycle is in their campaign slogan-so they want you to recycle. Please do it before these corporations stop these services to our schools. I had offered my child's teacher, 2nd grade, Mrs. Craddock, my time to come to class and teach the children about recycling. She told me they do that in the spring and we need to educate everyone now! I have a Roanoke city green bin to put things in to recycle each week. Out of 100 houses, I count 10-12 cans out each week. We really need to change these numbers. Get the statistics from the city employees that collect these bins each week and use those statistics to educate everyone. My father, James J. Walker of the Roanoke Clearance House recycled in a big way. Not meta', not coupons, but used thrown out, good, old, historic items. He taught me long before Ms. Nineger from fifth grade. I made my first sell at 12 years old in 1974 but I had started working at 10 years old in 1972. Q99FM radio station is had a radio-thon in their parking lot Friday 3/5/2010 and Saturday 3/6/2010 for sick children of the Carilion hospitals. This gave me an idea of how to raise money for the school systems. I called Q99 at 11:10 AM 3/5/2010 to tell them my suggestion. Dick Daniels or David Page answered the phone and told me this was a good idea. Two 5th grade girls from Thaxton Elementary school have taken it upon themselves to go around with a petition to save the closure of their school. New story 3/4/2010 on the Channel 10 news. They were even at a basketball game. I believe the news said that they were up to 134 signatures. We could have bike-a-thons, telethons, walk-a-thons, and run-a-thons. Lots of money was raised for the Hatti earthquake relief, and now our schools are being shut down/shattered because of budget cuts. ABC Channel 13 had an infomercial that the Lynchburg area raised over 6 million for HattL I gave $10.00 (1/19/2010 United Way) out of $90.00 that I made selling at the flea market on 1/18/2010. I myself will pledge 10% of my recycling money towards keeping schools open and teachers working. We could then challenge all citizens to recycle and do the same. Also, challenge the recycle centers to donate 5, 10, or 15 percent to the campaign. Maybe a promotion for 1 month to park your car at the Park Roanoke facilities and they would donate 2 or 5% to the school budget. Auto Zone and Advanced Auto Parts could donate 5% of sales for 30 days to the schools. Shareholders shouldn't mind this because it will keep our students and their schools operating. After some of our success, present the ideas to the whole state of Virginia and beyond. Roanoke would be recognized as the leader that started this solution to all government schools and nationwide. We need corporation, companies, and citizens to get involved instead of raising taxes. Many editorials in the Roanoke Times are being written with suggestions but most are bout raising personal property taxes, meals, tax, and car tax relief. People will give without that happening. Just have a telethon or something. Bake sales, hot dog sales, create cook bags with a slogan and sell them. I helped save my school! We could set up a booth at the festival in the park to sell these items at the events like the Strawberry Festival and chili cook off. It would be great for the students to get involved. Have a concert at the performing arts center or coliseum. The performers would be the schools bands, and music students. Charge $5 to $10 a person to attend. People will come for entertainment and to benefit the schools budget woes. like Salvation Army bell ringers at Christmas time students have collection kettles at malls, stores, and fast food restraints. Public service announcements on recycling could be made to benefit our school system. Children could bring drink cans to school to save for money. There could be recycling bins or large containers on the school grounds for collecting. There could be a Battle of the Bands and 10% of the concessions could be donated to the school. There could be a "Clean the Valley Day." All the cans collected could be recycled to help save their schools and their teachers jobs. Movie theaters could chip in and donate part of their concessions for a day, week, or month to benefit their local schools. Dave from CarterMedia, told me that Kroger has gift cards for donating to schools and I did not know this until he told me. My daughter's class size is 19 students and I would rather it not increase to 40 next year in the 2010-2011 school year. Get your children away from the Wii, Xbox, and Nintendo. We need a future, not a game. Mr. Goolatte knows my views on the global warming and energy savings. Let him take over. In closing, I have taught my daughter's what I learned years ago. We put it into action now; so that we can extend this hidden source of money and save Mother Earth for other people in generations to come. Plus our schools systems will benefit greatly from this cause as well. Jobs will be saved and children will be educated. " . Exhibition Softball Games Advance Auto Against Auto Zone Carilion against Lewis Gale Norfolk Southern against US Air Kroger against Food Lion All Day Fiesta to help Schools Pancake Breakfasts Chile Cook offs Bake Sales, HotDogs, Memorabilia Giveaways. The Winner gets a trophie with all Schools Listed on it. The Loser donates a Sum to the School System. Charge: $5.00 For Parents to Spectate. Students Free. Fill up Moyer' Field Bring ddrink cans to get $1.00 off. Small train from Mill Mountain or the one at Tanglewood's Tons of Fun giving rides for 50 cents. Skating Centers have a school night. Parents pay. Students Free. Bowling Alleys have Bowl For School. The colored Leadpin Srike. The alley donates a certain amount. Students Free, Parents Pay. Major league Ball teams play minor league in exhibition game in each ones city. Bike,Run, Walk athons, Ball a thons, Skate athons, Putt Putt athons, thunder Valley, Kings Dominion, Busch Garden, Concerts by the Children, A Play byth Students, Recycling, Bake Sales, Spaghetti Suppers, Park For a $1.00 Week, with 15% going to Schools. The leaders of Companies trying to help schools Budget. National Exposure, Book Bags that read: Delta Airlines recycles cans from aircrafts and made over $25,000.00 one year! I recycled at Richmond for Christmas Party money. Had my own drawer in safe of of ticket counter office. Had hotdog sale on my day off once. Donated an old lilk Block with DC-3 on it. At Delta Technilogical operations Museum. Hartsfield Atlanta Airport. 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 March 17,2010 Francine L. Craven 6111 Burnham Road, S. W. Roanoke, Virginia 24018 Dear Ms. Craven: A communication from the City Clerk advising of your resignation as member of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 15,2010. " The Members of City Council requested that I express sincere appreciation for your service to the City of Roanoke as a member of the Youth Services Citizen Board from January 18, 2005 to March 15, 2010." Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~:~~~ City Clerk SM M :ew Enclosu re pc: Sherman P. Lea, Jr., Chair, Youth Services Citizen Board, 3773 Norway Avenue, N. W., Roanoke, Virginia 24017 Jonathan E. Craft, Deputy City Clerk ~ z ~ ~ g; ~ (J 0 ~ ~ - ...-3 ~- >-3 tIi~ :::r:: n 80 - tr1 CIl -< tIi""Ij ~ 0~ ....... 0 -..l C ~ ...-3 "'Ij...-3 ~ ~ :::r:: ...-3~:::r::> ~ ...-3C1l ~ ~~ o~CIlCll n 0 tIi> Z ~ ~ :::r::o ~ ~~~~ ~ g; tIiz ~ 0 (JcQs;:: Z r.n Qo "'Ij :::r::~CIlto ~ ~ ~'"C ....... (JtI1 ~ 0 o~ ~Ul -< ~ ~ . @ ~ "'Ijt:'""'4 1'-)......._0 ~ ?; ~- o ~oo N "'Ij 0 on C;1'-)~...-3 ~ d ~~ 8to:::r:: ~ ~ o~ oootIi ~ ~ ~n z n en tIi ;:J ~ ~ I'-) 2:3 0 ....... 0 ...-3 ~ :::r:: ~ "'Ij c t:'""'4 ~ CUTLER ROANOKE CITY COUNCIL RECESSED MEETING FROM MARCH 15, 2010 MARCH 29, 2010 1 :00 P.M. EOC CONFERENCE ROOM ROOM 159 AGENDA 1. Call to Order--RolI Call. All Present. 2. The Invocation and Blessing of the Meal. Mayor David A. Bowers. 3. Statement of Purpose. Mayor Bowers. Continuation of discussion regarding the Fiscal Year 2010-2011 City Budget Development Adjournment - 4:28 p.m. 1 .- FY 201 0-2011 Budget Development Update ~~ ROANOKE March 29, 2010 Guiding Principles · Maintain c9r:e~services · Avoid cuts that increase future liability · Avoid tax increases · Focus first on administrative and overhead expenses · Maintain local funding of education .No reduction based on contraction in local tax revenue and revenue sharing practice 2 1 The art of leadership in today's world involves orchestrating the inevitable conflict, chaos, and confusion of change so that the disturbance is productive rather than destructive Harvard Business Review July-August 09 3 ~ Beach budget may take a bigger hit as ~ property values slip WilliamsburQ budQet to cut tourism funds. raise fees ~ Chesapeake budget crunch makes ~ layoffs likely ...... 1R.itb~onb Chesterfield leaders to consider <!.t-lmcs-.IDlspatcb tax-rate adiustment ~ Suffolk council considers $6 million ~ budget hole 2 5 The elders remind us of the importance of the long view when they say, "pin peyeh obe"- look to the mountain... We need to look at things as if we are looking out from the top of a mountain, seeing things in the much broader perspective of the generations that are yet to come. Dr. Gregory Cajete, Tewa Indian 6 3 Revenue Trend: from growth to decline 270 260 Iii 250 r:: o = 240 ::::iE 230 r:: ~ 220 210 200 FY06 FY07 FY08 FY09 FY10 Revised Feb FY11 Revised Mar FY06 - FY09 Audited CAFR FY10 & FY11 Revised Budget Estimates 7 Changes to FY11 Revenue Projections February FY11 Revenue $247,351,000 Projection State Sales Tax - local 1 % (688,000) BPOL Tax 559,000 State Flexible Cuts (213,000) Compensation Board 213,000 Law Enforcement - 599 561,000 VJCCCA Programs (95,000) / All other changes (47,000) March FY11 Revenue $247,641,000 Projection 8 4 Continued Uncertainty in Sales Tax 10 5 ~ FY09 ~ FY10 __ 0 Gl Cl lij -5 ~ o .10 <fl. ...... -15 .20 -25 July June Sales Tax Variance FY Month vs Same Month Prior FY 9 FY 2011 Budget Balancing Status Projected Revenue $247,641,000 FY 2010 Adopted Budget $257,042,000 Additional Costs 703,100 Out of Balance $1 0, 1 04, 1 00 Includes maintaining funding to Roanoke City Public Schools at the FY 2010 adopted budget level - $903,814 above funding formula 10 5 Base For Expenditure Reductions Fixed Items - $157 Million -School Operating -Debt Service -Transfer to Capital Projects .Dedicated State Revenue 11 Base for Reductions - $100 Million Reductions To Balance Budget $8 $7 $6 III $5 c ~ $4 :E $3 $2 $1 $0 FY 2007 FY 2008 FY2009 FY 2010 Eliminated 155 positions since FY 2007 12 6 Public Safety - 23.60/0 of budget 13 Public Safety · Building Inspections-$741 ,219 · Crisis Intervention-$177,354 · E-911 $2,860,724 · Fire-EMS -$16,748,348 · Jail -$14,035,432 · Outreach Detention-$220,654 · Police-$21,327,973 · Youth Haven-$339,443 -BuildinQ Inspections - $57.334 . Adjust Building Inspector FTE staffing by one position and administrative overhead - $57,334 -Fire-EMS - $316.988 . Unfund a designated training position - $78,934 . Unfund EMS Battalion Chief position - $78,795 . Unfund Assistant Fire Marshall position - $53,259 . Staff the peak time (power unit) with full-time EMS staff rather than hourly EMS staff - $106,000 14 7 Public Safety (continued) .Police - $301,199 . Suspend Middle School Resource Officers - $223,830 . Adjust administrative support FTE staffing by two positions - $77,369 . Discontinue Crossing Guards but provide funding to Schools · Virginia Community Crime Control Act Program (VJCCCA) - $700,000 . Program includes Crisis Intervention, Electronic Monitoring, Outreach Detention, Youth Haven, Community Service, Substance Abuse Counseling . Fund program at required local minimum . Results in closure of Crisis Intervention and Youth Haven 15 Health & Welfare - 15.40/0 of budget 16 8 Health and Welfare · Comprehensive Services Act - $11,336,661 · Health Dept. - $1,555,041 · Blue Ridge Behavioral - $448,890 · Cooperative Extension - $0 .Social Services - $77.400 . Reduce administration operating funding - $77,400 . State reduction of 1 % - 5% . State share of reduction - $500,000 .Adjust FTE staffing by five positions, General Relief, Emergency Relief, and administrative overhead · Human Service Agency - $430,582 · Human Service Support - $160,428 · Social Services - $25,142,618 · TAP-$151,799 . Reduction in funding to outside agencies .Outlined in overview of funding recommendation to outside agencies 17 Public Works - 9.80/0 of budget 18 9 . Public Works . Engineering - $1,515,363 · Snow Removal - $110,280 . Environmental Mgmt. - $177,924 · Street Lighting - $955,989 . Facilities Buildings - $4,085,483 · Street Maintenance - $5,084,902 . Facilities Custodial - $752,818 · Traffic Engineering - $1,626,511 . Solid Waste - $6,346,788 · Public Works Admin. - $176,119 · Paving - $2,682,111 .EnQineerinQ - $144.924 . Adjust FTE staffing by 3 positions based on recent change in CIP .Facilities - BuildinQs and Custodial - $521.206 .Adjust FTE staffing by three positions and administrative overhead - $88,090 . Reduce capital building maintenance - $433,116 19 Public Works .Solid Waste ManaQement - $159.057 . Collect bulk and brush on alternating weeks - $83,000 . Adjust administrative support FTE staffing by one position - $53,257 . Restructure collection schedule for Physically Challenged collection program - $22,800 .Street PavinQ - $400.000 . Reduction based on declining State revenue .Street Maintenance - $110.717 . Street Sweeping - $30,717 . Change frequency in Central Business District from 4 to 3 days each week . Change frequency in residential areas from 3-4 to 2 times per year 20 10 Public Works (continued) -Street Maintenance (continued) . Contract curb, gutter, sidewalk (concrete maintenance)- $50,000 . Discontinue holiday and special event decorations - $30,000 21 Parks, Recreation, Libraries, and Cultural 3.80/0 of budget 22 11 Parks, Recreation, Libraries, Cultural · Roanoke Arts Commission - $258,926 · Libraries - $3,292,896 · Parks/Rec Admin - $1,331,824 (Excludes funding to outside agencies) · Park Maintenance - $2,680,424 · School Playground Maintenance - $114,751 · Recreation and Youth Services - $1,526,754 -Reduction in funding to outside agencies .Outlined in funding recommendation to outside agencies -Libraries- $249.870 .Close Law Library two days a week - $22,896 .Close Virginia Room one day a week - $56,383 .Close Main Branch on Sunday - $11,043 .Close Raleigh Court Branch one night a week - $3,848 .Reduce funding for collection materials, programs, technology replacement, and administrative overhead - $155,700 23 Parks, Recreation, Libraries, Cultural -Recreation - $205.250 .Plav Maaazine - $22.000 .Reduce volume of magazines distributed .AQuatics Proaram - $33,250 .Operate Washington Park and Fallon Park Pools three days a week .Proarams - $150,000 .Reduction focusing on adult and low participation program offerings 24 12 Judicial Administration - 3.1 % of budget 25 Judicial Administration · Circuit Court - $474,610 · J&D Court Clerk - $30,031 · Clerk of Circuit Court - $1,486,231 · Juvenile Court Svcs - · Commonwealth's Atty. - $1,713,229 $1,421,658 · General District Court Clerk - · Magistrate - $2,470 $32,627 · Sheriff - $2,168,912 .Circuit Court - $49.241 . Reduce number of Law Clerks from 3 to 2 .Commonwealth's Attornev - $65.378 . Eliminate hourly employee funding .Juvenile Court Services - $300.750 . Reduce funding for juvenile residential detention at RVDC from 24.5 to 20 beds per day based on current trend .Sheriff - $173.902 . Suspend Dare Program 26 13 Community Development - 2.70/0 of budget 27 Community Development · Memberships and Contributions - $1,345,351 · Citizens Service Center - $0 · Economic Dev. - $670,129 (Excludes funding to outside agencies and performance agreements) -Reduction in funding to outside agencies · Outlined in funding recommendation to outside agencies · Neighborhood Services (Code Enforcement) - $1,607,437 · Neighborhood Support - $107,437 · Planning - $915,729 .PlanninQ - $585.646 . Adjust FTE staffing by two positions, hourly employee staffing, and administrative overhead - $256,918 . Use CDBG/HOME funds to cover a portion of eligible administrative expenses - $300,000 . Eliminate stipends to Planning Commission and Board of Zoning Appeals members - $28,728 28 14 Community Development (continued) .Planning (continued) . Reduction in Neighborhood Grant funding - $10,000 . Eliminate hourly employee staffing of Citizen Service Desk - $24,929 . Use volunteers when available 29 Debt Service, Cash Funded Capital, and Transfers to Other Funds - 10.80/0 30 15 Debt Service and Transfers To Other Funds · Debt Service and Cash Funded Capital - $22,887,952 · Civic Facilities - $2,018,100 · GRTC-$1,176,105 · Market Building - $94,500 · Grant Fund - $485,289 -Debt Service $1,700,000 . Initial planning had included additional debt service funding of $500,000 which is not needed . Based on recent revisions to timing of debt issuance, can reduce debt service funding $1 ,200,000 -GRTC (Vallev Metro) . Revenue trending lower than anticipated based on ridership . Recommend implementing a "Student" fare of $1 . Reduce Star Trolley service by 5 hours per day . Operate 7 am to 9 am, 11 am to 2 pm, and 4 pm to 6 pm 31 General Government - 4.80/0 of budget 32 16 General Government . Billings and Collections - $664,566 Finance. $1,841,716 . Board of Equalization. $11,540 . General Services - $194,551 . City Attorney. $881,373 Human Resources. $993,110 . City Clerk - $492,649 · Management and Budget -$535,730 · City Council - $224,589 . Management Services. $77,119 . City Manager. $806,354 Municipal Auditing - $667,295 . City Treasurer - $1,031,515 . Office of Communications - $373,156 . Commissioner of Revenue - $1,021,592 . Purchasing. $372,936 . Electoral Board - $314,491 . Real Estate Valuation - $1,037,415 . Employee Health - $594,511 .Human Resources - $86.637 . Suspend supervisory and leadership development, and other program activities - $46,000 . Adjust FTE staffing by one position - $40,637 .Office of Communications - $104.054 . Stop publication of Citizen Magazine and Municipal Calendar . Use other media forms to communicate with citizens .Citv Treasurer - $12.907 . Unfund Treasurer Clerk position and reallocate half of funding for hourly emnlovee 33 Other Adjustments .Fundin~ to Outside A~encies - $171.492 . With selected exceptions, reduce funding to outside agencies by 10% . Total funding provided - $4.9 million .Administrative Overhead - $382.338 . Reduction in training, administrative supplies, publications and subscriptions, and expendable equipment .Fleet Mana~ement - $853.697 . Reduce vehicle replacement funding $1,153,697 . Increase vehicle maintenance - +$300,000 34 17 Other Adjustments - TechnoloclV - $689.362 . Adjust FTE staffing by two positions - $144,362 . Reduce capital funding - $510,000 . Reduce administrative overhead - $35,000 -Miscellaneous - $7.159 .BudQet ContinQencv - +$161.996 35 Other Adjustments .Change in Regular Salary Base - $575,000 " . FY 2010 Adopted Budget to current based on turnover .Reclassification Contingency - $150,000 . Reserved for position reclassification and market salary adjustments for selected classes of positions .Budget Balancing Contingency - $66,133 .Other Post Employment Benefits (OPEB) - $82,000 . Lower anticipated annual contribution .Airport Rescue Firefighting - $688,000 . Reduction of equal amount of revenue .Inflationary Costs - $115,355 . Inflationary costs lower than initially planned 36 18 Position Adjustments · 64 Positions eliminated/unfunded to balance the 2011 budget 37 Retirement Incentive to Manage Position Eliminations · To encourage retirement of eligible employees with early notification to the City · Not an early retirement incentive · $300 per year of full service · Maximum payout $9,000 · Retirement required as of July 1 st · Will result in FY10 cost 19 Recommended Fee Adjustments Incremental revenue of $163,100 Incremental Fee Current Proposed Revenue Jail Prisoner Care Fee $1.00 $3.00 $75,000 Per Day Per Day Parking Ticket Basic Fine $15 $20 $75,000 Parking Ticket Boot Removal Fee $0 $25 $2,000 Building Inspections - Elevator Certification $25 $45 ----- Semi- Annually Annually Building Inspections - Cross Connections $50 fi rst $45 $3,400 time and Annually $35 renewal Building Inspections - Water/Sewer Affidavits $50 $45 $200 39 Recommended Fee Adjustments Incremental Fee Current Proposed Revenue Amusement Devices $500 Kiddie Ride $15 $25 Major Ride $25 $35 Spectacular Ride $45 $55 Coaster (exceeding 30 feet) _n $150 Fireworks Permit $45 $250 $1,000 Per Show Per Show Fireworks Retail Sales Permit $0 $250 $1,000 Assess $2 Court Cost Fee for Filed Civil Actions $0 $2 $5,000 (For Courthouse Maintenance 40 20 Local Operating Funding - Education Excludes City support of School capital projects 41 The City of Roanoke has continued to support education as the Commonwealth has made cuts Local funding to Schools has increased and will remain stable in the current economic climate $66 $64 $62 $60 l/l ,2 $58 :i $56 $54 $52 $50 $48 FY06 FY07 FY08 FY09 FY10 FY 11 Fiscal Year 42 21 Roanoke Funding per Capita 3rd Among First Cities 1,900 1,800 1,600 1,500 1,400 Hampton Newport News 1,700 Richmond Norfolk 1,300 Lynchbur 1,200 FY09 Per Capita Funding of Education Source: FY09 Comparative Cost Report, Auditor of Public Accounts 43 Continued Support of Roanoke City Public Schools School Funding: FY08 Final FY09 Adopted FY09 Final FYI0 FYI0 Feb FYll March Adopted Revised Commitment Formu]a Based $61,386,632 $62,847,461 61.945.506 $6],799,938 $59.489.0]8 $60.896. ] 24 Funding ,', : Incrementa] $500,000 - 500,000 500.000 1,000,006 1.000.000 1.000,000 program Additiona] Funding - 60,913 1,047 ;523 1.047.523 ] ,951 ,337 . Total School $61,386,632 63,347,461 $62,506,419 $63;847,461 $61,536,541 $63,847,461 Funding ,. Percentage increase 3.2% ].8% 2.1% (1.6%) (decrease) From FY08 From FY08 From FY09 From FY09 From FYIO final final fulil1 final adopted 44 22 II Developing the 2010-11 Budget Adopted Amendments to HB/SB 30 ROANOKE CITY PUBLIC SCHOOLS State 2009-10 2010-11 Budget HB/SB30 ~ ~ (ADM=12,290) (ADM= 12, 000) 60.438 52.379 0.000 3,906 VRS Rate ~ Total 60.438 56,285 Change vs, 09-10 Budget (4.153) 45 ~ Developing the 2010-11 Budget ~~" Shortfall is about $8 million * ROANOKE CITY PUBLIC SCHOOLS . Estimate includes $3.9 million VRS fee structure benefit in 2010-11 2009-10 2010-11 Budget HB/SB30 ~ ~ (ADM=12,290) (ADM=12,000) HB/SB 30 State 60.438 56.285 SFSF 4.379 2,500 Sales Tax 11 .500 10.667 City 63,847 63.847 Other 4.069 2.869 Total 144,233 136.168 Change vs. (8.065) 46 09-10 Budget 23 rt~ ~~LI Developing the 2010-11 Budget Cuts required to balance the budget total $8.8 million ROANOKE CITY PUBLIC SCHOOLS $MM Revenue Shortfall 8.065 Critical Additions: Summer School Crossing Guards 0.600 0.135 Total Critical Additions: 0.735 Cuts Required to Balance Budget 8,800 47 Pi~ Developing the 2010-11 Budget ~r.d ROANOKE CITY Cuts at $8.8 million shortfall PUBLIC SCHOOLS $MM Positions Cuts Required to Balance Budget Re-allocate Special Education spending 2.050 0 Staffing Reductions Toward soa Minimum 1.550 36 High School scheduling 1.250 22 Reduce Part-time work 1.000 0 Close Round Hill 0.600 8 Restructure NCTLA 0.500 5 Employee Retirement Incentive 0.500 0 Reduce Central Office Staff 0.400 13 Reduce Athletics spending 0.300 0 Reduce facilities maintenance 0.250 4 Reduce building secretarial positions 0.200 5 Close CITY School 0.150 1 Eliminate Chess Club 0.050 0 TOTAL CUTS 8.800 94 48 24 rt&1 ~L\t;J ROANOKE CITY PUBLIC SCHOOLS Developing the 2010-11 Budget Add Backs with new local revenues $ MM Positions Restore K-8 Staffing Reductions From SOQ Minimum Restore key High School positions Reopen Round Hill DARE / SRO positions from City Restore critical part-time work Elementary Spanish at grades 4-6 Restore/fill key Central Office staff CTE positions CITY School/ Senior Seminar Restore Athletics spending Restore facilities maintenance cuts Restore Chess Club 1.000 0.850 0.600 0.500 0.350 0.350 0.250 0.250 0.150 0.100 0.100 0.050 32 12 8 o o 5 6 6 1 o 1 o TOTAL 4.550 71 49 20/0 Rate Increase in Prepared Food & Beverage Tax Yields $4.4M 11,8 11.6 ~ 11,4 III c ~ 11,2 :;; c - -10,8 10.6 10,4 Food & Beverage Tax Projection Computation of Revenue from 2% Increase in Prepared Food & Bev Tax 11 4,383,000 FY11 Projected Revenue at 5% Rate 11.117,000 2% Rate Increase Generates Allowance for lost revenue from tax increase (on incremental 2% of revenue only) 4,446,000 5.0% FY11 Projected Revenue at 7% Tax Rate 15,341,000 Impact of 2% FY08 FY09 FY10 FY11 FY08 and FY09 CAFR FY10 and FY11 Projections Impact of 1.5% Impact of 1% $3,300,000 $2,200,000 50 25 51 Battle not with monsters, lest ye become a monster, and if you gaze into the abyss, the abyss gazes also into you. Friedrich Nietzsche 52 26 ;, Budget Schedule · Wed 3/31 - Budget Forums - Roanoke Civic Center Exhibit Hall - 9:00 am & 6:30 pm · Mon 4/5 - Public Hearing on 20/0 Increase in Meals Tax - 2 pm · Man 4/19 - Recommended Budget Presented to Council- 2 pm · Thur/Fri 5/6-7 - Budget Study · Man 5/10 - FY11 Budget Adoption 53 Thank you 27 3/29/2010 Contributions, Program/Event Sponsorship, and Memberships FY09 FY 10 FY 11 FY 11 Agency Budget Budget Adjust. Rec. Requested Discretionary Contributions and Sponsorships Transdominion Express 2,000 2,000 0 2,000 2,000 Renew Roanoke Christmas in April 2,500 2,000 0 2,000 2,000 After Prom Parties 3,000 0 0 0 0 Roanoke Foundation - Downtown 20,000 0 0 0 0 Virginia Amateur Sports 70,000 56,000 0 56,000 56,000 Roanoke Sister Cities . 25,000 12,000 (1,200) 10,800 21,000 Roanoke Valley Horse Show 5,000 4,000 ( 400) 3,600 . 0 Downtown Roanoke Inc. 10,000 0 0 0 12,000 NCAA Championship 4,000 13,200 (320) 2,880 0 Miss Virginia Pageant 15,000 12,000 (5,850) 6,150 6,150 Smith Mountain Lake Cleanup 10,000 0 0 0 10,000 Regional Chamber SBDC 30,000 0 . 0 0 10,000 New Virginia Corridor Technology Council 7,000 2,000 0 2,000 2,000 Cultural Agency Marketing 30,000 0 0 0 0 Center In the Square 251,055 200,844 (20,084) 180,760 250,000 Roanoke Valley Arts Council 1 ,400 1,120 (112) 1,008 1,500 Arts Council Downtown Living Tour 0 0 10,000 Roanoke Arts Commission 359,620 287,696 (28,770) 258,926 Local Colors 29,876 23,901 (2,390) 21,511 0 Human Services Committee 598,030 478,424 (47,842) 430,582 TOTAL 1,473,481 1,085,185 (106,968) 978,216 Annual Contract Convention Bureau (Marketing) 336,000 336,000 0 336,000 336,000 Convention Bureau 481 ,440 385,152 (38,515) 346,637 481 ,440 Event Zone 190,184 152,147 (15,215) 136,932 152,147 Total Action Against Poverty 210,832 168,666 (16,867) 151 ,799 0 Mill Mountain Zoo 33,120 33,120 0 33,120 0 Total 1,251,576 1,075,085 (70,596) 1,004,488 Memberships Virginia Municipal League 25,731 25,731 (50) 25,681 25,681 First Cities Coalition 24,051 24,051 0 24,051 Regional Chamber of Commerce 7,595 7,595 0 7,595 Blue Ridge Soil/Water Conservation 3,000 3,000 (3,000) 0 Alliance for Innovation 5,000 5,000 (5,000) 0 Total 65,377 65,377 (8,050) 57,327 Total Discretionary 2,790,434 . 2,225,647 (185,615) 2,040,032 3/29/2010 Contributions, Program/Event Sponsorship, and Memberships . FY09 FY 10 FY 11 FY 11 Agency Budget Budget Adjust. Rec, Requested Non-Discretionary Intergovernmental Agreement NRV Commerce Park . 32,500 32,500 0 32,500 32,500 Greenways Committee 33,600 26,880 11 ,720 38,600 38,600 Roanoke Valley Television 176,706 168,923 (2,967) 165,956 165,956 Regional Economic Partnership 193,752 184,064 6,426 190,490 190,490 Rke/ Alleg. Regional Com mission 74,137 65,096 (679) 64,417 64,417 Virginia Western 38,454 38,454 (377) 38,077 38,077 Total 549,149 515,917 14,123 530,040 Statutory and Other Health Department 1,480,864 1,555,041 0 1,555,041 1,679,172 Blue Ridge Behavorial Health 448,890 448,890 0 448,890 448,890 Virginia Cooperative Extension 79,827 79,827 0 79,827 79,827 Hotel Roanoke Conference Center 80,000 80,000 0 80,000 80,000 Total 2,089,581 2,163,758 0 2,163,758 Total Non-Discretionary 2,638,730 2,679,675 14,123 2,693,798 Total Discretionary and Non-Discretionary 5,429,164 4,905,322 (171,492) 4,733,830 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 540.853.2333 www.roanokeva.gov March 26, 2010 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: Budget Workshop Material Mere is the briefing material for our budget workshop on Monday. Balancing the 2011 budget will probably be one of the greatest financial challenges you have faced on City Council. On Monday we will provide you with a high level view of our balancing challenges and a summary of areas our preliminary recommendations to close the $10.1 million gap. Because education is such an important issue for you and the community, we have invited the school's financial team to present their budget balancing strategy during the workshop. Our goal is to provide you with sufficient information through our presentation, your questions, and further discussion so staff can understand your policy direction as we move through budget finalization. I look forward to working with you in the days and weeks ahead to pro-actively face these unprecedented financial challenges. submitted, nstopher P. Morrill City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance i\ , , \ l- I . .. FY 2010-2011 Budget Development Update March 29, 2010 Localities Face Significant Budget and Financial Challenges _ Willlamsbura bud"_t 10 cut Iourism ~ funds. raise fees ~ Chesapeake budget crunch makes ~ layoffs likely -. Suffolk council considers $6 million budget hole ~ Beach budget may take a bigger hit as ~ property values slip iUcbmonb mimts-Jispat.cb Chesterfield leaders to consider tax-rate adiustment 1 - , " Guiding Principles .Maintain core services .Avoid reductions that increase future liability .Avoid tax increases .Reduce administrative overhead expenses .Maintain local funding of education .No reduction based on contraction in local tax revenue and revenue sharing practice 3 Historical Revenue Trend Shows Decline 270 260 Ci) 250 I: o == 240 :1ij! 230 I: ~ 220 210 200 FY06 FY07 FY08 FY09 FY10 Revised Feb FY11 Revised Mar FY06 - FY09 Audited CAFR FY10 & FY11 Revised Budget Estimates 4 2 l. ,Changes to FY11 Revenue Projections February FY11 Revenue $247,351,000 Projection State Sales Tax -local 1% (688,000) BPOL Tax 559,000 State Flexible Cuts (213,000) Compensation Board 213,000 Law Enforcement - 599 561,000 VJCCCA Programs (95,000) All other changes (47,000) March FY11 Revenue $247,641,000 Projection 5 Continued Uncertainty in Sales Tax 10 5 o Q) Cl lij -5 .s:::. U -10 ~ e.... -15 -20 -25 July June Sales Tax Variance FY Month vs Same Month Prior FY 6 3 FY 2011 Budget Balancing Status Projected Revenue $247,641,000 FY 2010 Adopted Budget $257,042,000 Inflationary and Other Costs 703,100 Out of Balance $10,104,100 Includes maintaining funding to Roanoke City Public Schools at the FY 2010 adopted budget level- $903,814 above funding formula 7 Base For Expenditure Reductions Fixed Items - $157 Million -School Operating -Debt Service - Transfer to Capital Projects -Dedicated State Revenue 8 Base for Reductions - $100 Million 4 $8 $7 $6 III $5 c 0$4 :E $3 $2 $1 $0 Reductions To Balance Budget FY 2007 FY 2008 FY2009 FY 2010 Eliminated 155 positions since FY 2007 Public Safety Public Safety is 23.5% of total budget 9 10 5 Public Safety . Building Inspections-$741 ,219 . Crisis Intervention-$177,354 . E-911 $2,860,724 . Fire-EMS -$16,748,348 Jail -$14,035,432 Outreach Detention-$220,654 Police-$21,327,973 . Youth Haven-$339,443 .Buildina Inspections - $57.334 . Adjust Building Inspector FTE staffing by one position and administrative overhead - .$57,334 ( .Fire-EMS - $316,988 . Unfund a designated training position - $78,934 . Unfund EMS Battalion Chief position - $78,795 . Unfund Assistant Fire Marshall position - $53,259 . Staff the peak time (power unit) with full-time EMS staff rather than hourly EMS staff - $106,000 11 Public Safety (continued) .Police- $301.199 . Suspend Middle School Resource Officers - $223,830 . Adjust administrative support FTE staffing by two positions - $77,369 . Discontinue Crossing Guards but provide funding to Schools .Virginia Community Crime Control Act Program (VJCCCA) - $700.000 , . Program includes Crisis Intervention, Electronic Monitoring, Outreach Detention, Youth Haven, Community Service, Substance Abuse Counseling . Fund program at required local minimum . Results in closure of Crisis Intervention and Youth Haven 12 6 Health & Welfare Health & Welfare is 15.4% of total budget 13 Health and Welfare . Comprehensive Services Act- $11,336,661 . Health Dept. - $1,555,041 · Blue Ridge Behavioral - $448,890 . Cooperative Extension - $0 . . Human Service Agency - $430,582 . Human Service Support - $160,428 . Social Services - $25,142,618 · TAP - $151 ,799 -Social Services - $77,400 . Reduce administration operating funding - $77,400 . State reduction of 1 % - 5% . State share of reduction - $500,000 . Adjust FTE staffing by five positions, General Relief, Emergency Relief, and administrative overhead . Reduction in funding to outside agencies . Outlined in overview of funding recommendation to outside 14 agencies . r 7 Public Works Public Works is 9.8% of total budget 15 Public Works . Engineering - $1,515,363 . Environmental Mgmt. - $177,924 . Facilities Buildings - $4,085,483 . Facilities Custodial - $752,818 . Solid Waste - $6,346,788 . Paving - $2,682,111 -Enaineerina - $144.924 . Adjust FTE staffing by 3 positions based on recent change in CIP . . Snow Removal - $110,280 . Street Lighting - $955,989 . Street Maintenance - $5,084,902 . Traffic Engineering - $1,626,511 . Public Works Admin. -$176,119 -Facilities - Buildinas and Custodial - $521.206 .Adjust FTE staffing by three positions and administrative overhead - $88,090 . Reduce capital building maintenance - $433,116 16 8 Public Works -Solid Waste Management - $159,057 . Collect bulk and brush on alternating weeks - $83,000 . Adjust administrative support FTE staffing by one position - $53,257 . Restructure collection schedule for Physically Challenged collection program - $22,800 ' -Street Paving - $400,000 . Reduction based on declining State revenue -Street Maintenance- $110,717 . Street Sweeping - $30,717 . Change frequency in Central Business District from 4 to 3 days each week . Change frequency in residential areas from 3-4 to 2 times per year 17 Public Works (continued) .Street Maintenance (continued) . Contract curb, gutter, sidewalk (concrete maintenance) - $50,000 . Discontinue holiday and special event decorations - $30,000 18 . 9 Parks, Recreation, Libraries, and Cultural Parks, Recreation, Libraries, and Cultural - 3.8% of total budget 19 . Parks, Recreation, Libraries, Cultural . Roanoke Arts Commission - $258,926 . Libraries - $3,292,896 . Parks/Rec Admin - $1,331,824 (Excludes funding to outside agencies) . Park Maintenance - $2,680,424 . School Playground Maintenance -$114,751 . Recreation and Youth Services- $1,526,754 -Reduction in funding to outside agencies .Outlined in funding recommendation to outside agencies -Libraries- $249,870 ~ .Close Law Library two days a week - $22,896 .Close Virginia Room one day a week - $56,383 .Close Main Branch on Sunday - $11,043 .Close Raleigh Court Branch one night a week - $3,848 .Reduce funding for collection materials, programs, technology replacement, and administrative overhead - $155,700 20 10 Parks, Recreation, Libraries, Cultural .Recreation - $205.250 .Plav Maqazine - $22,000 .Reduce volume of magazines distributed .Aquatics Proqram - $33.250 .Operate Washington Park and Fallon Park Pools three days a week .Proqrams - $150.000 . .Reduction focusing on adult and low participation program offerings 21 Judicial Administration Judicial Administration - 3.1 % of total budget 22 11 Judicial Administration . Circuit Court - $474,610 . J&D Court Clerk - $30,031 . Clerk of Circuit Court - $1,486,231 . Juvenile Court Svcs- . Commonwealth's Atty. - $1,713,229 $1,421,658 . General District Court Clerk _ . Magistrate - $2,470 $32,627 . Sheriff - $2,168,912 -Circuit Court - $49,241 . Reduce number of Law Clerks from 3 to 2 -Commonwealth's Attornev - $65,378 . Eliminate hourly employee funding .Juvenile Court Services - $300,750 . Reduce funding for juvenile residential detention at RVDC from 24.5 to 20 beds per day based on current trend -Sheriff - $173,902 . Suspend Dare Program 23 Community Development Community Development - 2.7% of total budget 24 12 Community Development . Memberships and .Contributions - $1,345,351 . Citizens Service Center - $0 . Economic Dev. - $670,129 (Excludes funding to outside agencies and performance agreements) -Reduction in funding to outside agencies · Outlined in funding recommendation to outside agencies . Neighborhood Services (Code Enforcement) - $1,607,437 . Neighborhood Support - $107,437 . Planning - $915,729 .Plannina - $585.646 . Adjust FTE staffing by two positions, hourly employee staffing, and administrative overhead - $256,918 . Use CDBG/HOME funds to cover a portion of eligible administrative expenses - $300,000 . . Eliminate stipends to Planning Commission and Board of Zoning Appeals members - $28,728 25 Community Development (continued) .Planning (continued) . Reduction in Neighborhood Grant funding - $10,000 . Eliminate hourly employee staffing of Citizen Service Desk - $24,929 . Use volunteers when available 26 13 Debt Service, Cash Funded Capital, and Transfers to Other Funds Debt Service, Cash Funded Capital, and Transfers - 10.8% of total budget 27 Debt Service and Transfers To Other Funds . Debt Service and Cash Funded Capital - $22,887,952 . Civic Facilities - $2,018,100 . GRTC-$1,176,105 . Market BLjilding - $94,500 . Grant Fund - $485,289 -Debt Service $1,700.000 ; . Initial planning had included additional debt service funding of $500,000 which is not needed . Based on recent revisions to timing of debt issuance, can reduce debt service funding $1,200,000 -GRTC (Vallev Metro) . Revenue trending lower than anticipated based on ridership . Recommend implementing a "Student" fare of $1 . Reduce Star Trolley service by 5 hours per day . Operate 7 am to 9 am, 11 am to 2 pm, and 4 pm to 6 pm 28 14 General Government General Government - 4.8% of total budget 29 General Government . Billings and Collections - $664,566 . Board of Equalization. $11,540 . City Attorney - $881,373 . City Clerk - $492,649 . City Council - $224,589 . City Manager - $80l!,354 . City Treasurer - $1,031,515 . Commissioner of Revenue - $1,021,592 Electoral Board - $314,491 . Employee Health - $594,511 .Human Resources - $86.637 . Suspend supervisory and leadership development, and other program activities - $46,000 . Adjust FTE staffing by one position - $40,637 Finance. $1,841,716 . General Services - $194,551 Human Resources - $993,110 Management and Budget -$535,730 . Management Services. $77,119 Municipal Auditing - $667,295 . Office of Communications - $373,156 Purchasing - $372,936 Real Estate Valuation - $1,037,415 .Office of Communications - $104.054 . Stop publication of Citizen Magazine and Municipal Calendar . Use other media forms to communicate with citizens .Citv Treasurer - $12.907 . Unfund Treasurer Clerk position and reallocate half of funding for hourly 30 emnlovee 15 Other Adjustments -Fundina to Outside Aaencies - $171.492 . With selected exceptions, reduce funding to outside agencies by 10% . Total funding provided - $4.9 million -Administrative Overhead - $382.338 . Reduction in training, administrative supplies, publications and subscriptions, and expendable equipment -Fleet Manaaement - $853.697 . Reduce vehicle replacement funding $1,153,697 . Increase vehicle maintenance - +$300,000 31 Other Adjustments - Technoloav - $689.362 . Adjust FTE staffing by two positions - $144,362 . Reduce capital funding - $510,000 . Reduce administrative overhead - $35,000 -Miscellaneous - $7.159 .Budaet Continaencv . +$161.996 32 16 Other Adjustments' , -. .Change in Regular Salary Base - $575,000 . FY 2010 Adopted Budget to current based on turnover .Reclassification Contingency - $150,000 . Reserved for position reclassification and market salary adjustments for selected classes of positions .Budget Balancing Contingency - $66,133 .Other Post Employment Benefits (OPEB) - $82,000 . Lower anticipated annual contribution .Airport Rescue Firefighting - $688,000 . Reduction of equal amount of revenue .Inflationary Costs - $115,355 . Inflationary costs lower than initially planned 33 Position Adjustments .Positions to be eliminated/unfunded total 64 34 17 Retirement Incentive to Manage Position Eliminations · To encourage retirement of eligible em ployees with early notificatioh to the City · Not an early retirement incentive · $300 per year of full service · Maximum payout $9,000 · Retirement required as of July 1 st · Will result in FY10 cost Recommended Fee Adjustments Incremental revenue of $163,100 Incremental Fee Current Proposed Revenue Jail Prisoner Care Fee $1.00 $3.00 $75,000 Per Day Per Day Parking Ticket Basic Fine $15 $20 $75,000 Parking Ticket Boot Removal Fee $0 $25 $2,000 Building Inspections - Elevator Certification $25 $45 ----- Semi- Annually Annually Building Inspections - Cross Connections $50 first $45 $3,400 time and Annually $35 renewal Building Inspections - Water/Sewer Affidavits $50 $45 $200 36 18 Recommended Fee Adjustments Incremental Fee Current Proposed Revenue Amusement Devices $500 Kiddie Ride $15 $25 Major Ride $25 $35 Spectacular Ride $45 $55 Coaster (exceeding 30 feet) --- $150 Fireworks Permit $45 $250 $1,000 Per Show Per Show Fireworks Retail Sales Permit $0 $250 $1,000 Assess $2 Court Cost Fee for Filed Civil Actions $0 $2 $5,000 (For Courthouse Maintenance 37 Local Operating Funding - Education Local operating support to Roanoke City Public Schools is 24.8% of total budget Excludes City support of School capital projects 38 19 $66 $64 $62 $60 Ul 5 $58 ~ $56 $54 $52 $50 $48 1,900 1,800 1,700 1,600 1,500 1,400 The City of Roanoke has continued to support education as the Commonwealth has made cuts Local funding to Schools has increased and will remain stable in the current economic climate FY06 FY08 FY 11 FY09 FY10 FY07 Fiscal Year 39 Roanoke Funding per Capita 3rd Among First Cities 1,200 1,300 Lynchburg Norfolk Newport NeWs Richmond FY09Per Capita Funding of Education Source: FY09 Comparative Cost Report, Auditor of Public Accounts 40 20 Continued Support of Roanoke City Public Schools School Funding: FY08 Final FY09 Final FYI0 Feb FYll March Revised Commitment Formula Based $61.386,632 $59,489,018 $60,896,124 Funding Incremental $500,000 ] ,000,000 ],000,000 program Additional Funding 1,047,523 1,951.337 Total School $61,386,632 $61,536,541 $63,847,461 Funding Percentage increase (1.6%) (decrease) From FY08 From FY09 From FYIO final final adopted 41 Developing the 2010-11 Budget Adopted Amendments to HB/SB 30 State 2009-10 2010-11 Budget HB/SB30 ($ MM) !i.MM1 (ADM=12,290) (ADM= 12, 000) 60.438 52.379 0.000 3.906 VRS Rate L'l Total 60.438 56.285 Change vs. 09-10 Budget (4.153) 42 21 Developing the 2010-11 Budget Shortfall is about $8 million * . Estimate includes $3.9 million VRS fee structure benefit in 2010-11 2009-10 2010-11 Budget HB/SB30 ($ MM) ($ MM) (ADM= 12, 290) (ADM= 12, 000) HB/SB 30 State 60.438 56.285 SFSF 4.379 2.500 Sales Tax 11 .500 10.667 City 63.847 63.847 Other 4.069 2.869 Total 144,233 136.168 Change vs. (8.065) 43 09-10 Budget Developing the 2010-11 Budget Cuts required to balance the budget total $8.8 million $ MM Revenue Shortfall 8;065 Critical Additions: Summer School Crossing Guards 0.600 0,135 Total Critical Additions: 0.735 Cuts Required to Balance Budget 8,800 44 22 Developing the 2010-11 Budget ROANOKE CITY Cuts at $8.8 million shortfall PljBllC SCHOOLS $MM Positions Cuts Required to Balance Budget Re-allocate Special Education spending 2.050 0 Staffing Reductions Toward SOQ Minimum 1.550 36 High School scheduling 1.250 22 Reduce Part-time work 1.000 0 Close Round Hill 0.600 8 Restructure NCTLA 0.500 5 Employee Retirement Incentive 0.500 0 Reduce Central Office Staff 0.400 13 Reduce Athletics spending 0.300 0 Reduce facilities maintenance 0.250 4 Reduce building secretarial positions 0.200 5 Close CITY School 0.150 1 Eliminate Chess Club 0.050 0 TOTAL CUTS 8.800 94 45 ROANOKE CITY PUBliC SCHOOLS Developing the 2010-11 Budget Add Backs with new local revenues $ MM Positions Restore K-8 Staffing Reductions From SOQ Minimum Restore key High School positions r Reopen Round Hill DARE / SRO positions from City Restore critical part-time work Elementary Spanish at grades 4-6 Restore/fill key Central Office staff CTE positions CITY School/ Senior Seminar Restore Athletics spending Restore facilities maintenance cuts Restore Chess Club 1.000 0.850 0.600 0.500 0.350 0.350 0.250 0.250 0.150 0.100 0.100 0.050 TOTAL 4.550 32 12 8 o o 5 6 6 1 o 1 o 71 46 23 20/0 Rate Increase in Prepared Food & Beverage Tax Yields$4.4M Food & Beverage Tax Projection 11,8 11,6 _11,4 III c ~ 11,2 :E c 11 - - - f- - f-- f.-- - - - .... -10.8 10,6 10,4 FY08 FY09 FY10 FY11 FY08 and FY09 CAFR FY10 and FY11 Projections Computation of Revenue from 2% Increase in Prepared Food & Bev Tax FY11 Projected Revenue at 5% Rate 11,117,000 2% Rate Increase Generates Allowance for lost revenue from tax increase (on incremental 2% of revenue only) 4,446,000 5.0% FY11 Projected Revenue at 7% Tax Rate 15,341,000 Impact of 2% 4,383,000 Impact of 1.5% Impact of 1% $3,300,000 . $2,200,000 47 Future Budget Events · Wed 3/31 - Budget Forums - Roanoke Civic Center Exhibit Hall - 9:00 am & 6:30 pm · Mon 4/5 - Public Hearing on 20/0 Increase in Meals Tax - 2 pm · Mon 4/19 - Recommended Budget Presented to Council - 2 pm · Thur/Fri 5/6-7 - Budget Study · Mon 5/10 - FY11 Budget Adoption 48 24 -c l- ra u GJ I- o U V) I .....COen (\")gell ~~c . ~O&(ij c~enQ) ell 0 >. 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