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Home My WebLink AboutCouncil Actions 10-17-11 TRINKLE 39229-101711 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 17, 2011 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order.';'RoIICall. Council Member Lea was absent. The Invocation was delivered by Bishop Shadrach Brown, Pastor, Garden of Prayer No. 7 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, October 20 at 7:00 p.m., and Saturday, October 22 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. 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 GOVERNMENT ICON. 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. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT 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 MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: BOARD OF ZONING APPEALS - THREE VACANCIES (EFFECTIVE JANUARY 1,2012) HUMAN SERVICES ADVISORY BOARD - ONE VACANCY ROANOKE ARTS COMMISSION - ONE VACANCY ROANOKE VALLEY RESOURCE AUTHORITY - ONE VACANCY TOWING ADVISORY BOARD - TWO VACANCIES (CITIZEN AT LARGE AND TOWING ENFORCEMENT) LOCAL BOARD OF BUILDING CODE APPEALS - TWO VACANCIES 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring the week of October 23 - 29, 2011 as Red Ribbon Week. The Mayor and Council Member Price presented a ceremonial copy of the proclamation to Ray Bemis, Operations Manager, and Kathy Graham-Sullivan, Coordinator, Roanoke Area Youth Substance Abuse Coalition (RAYSAC). Ms. Graham-Sullivan announced the Prescription Drug Take Back Event to be held on October 29 from 10:00 a.m. - 2:00 p.m. A Proclamation declaring the month of October 2011 as Disability Employment Awareness Month. The Mayor presented a ceremonial copy of the proclamation to Robert Eggers, Chair, and Don Thorne, Vice-Chair, Mayor's Committee for People with Disabilities. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. The following individuals appeared before the Council: Timothy Glover, Jacqueline Haley, Donald Dickerson, Shadrach Brown, Jr., Helen Davis and Evelyn Bethel appeared and spoke in opposition of the proposed placement of an urban farm on the former Countryside Golf Course property. 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 regular meetings of Council held on Tuesday, September 6, 2011 and Monday, September 19, 2011. RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and approved as recorded. 3 C-2 A communication from Council Member Anita J. Price, Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the of appointment of a City Attorney, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request.. C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property consisting of approximately 9,446 square feet of Official Tax Parcel No. 6472302, fronting on Mattaponi Drive, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property consisting of approximately 5,976 square feet of Official Tax Parcel No. 6472302, fronting on Laurel Ridge Road Drive, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-5 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property consisting of two parcels bearing Official Tax Parcel Nos. 6421001 and 6421113, located at 0 Ben Street and o Lewiston Street, N. W., respectively, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-6 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, Official Tax Parcel No. 4130501, the former Buena Vista Recreation Center located at 1321 Morningside Street, where discussion ir;1 an open meeting would adversely affect the bargaining position or negotiating Istrategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 4 C-7 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being the .. old YMCA, located 425 Church Avenue, where .discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-8 A communication from William M. Hackworth tendering his resignation as the City Attorney for the City of Roanoke; and as a City representative to the Virginia Western Community Gollege Board, effective December 31,2011. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-9 Reports of qualification of the following individuals: Kenny Garrett as a member of the Towing Advisory Board for a term of office ending October 31,2014; Christopher Pohlad- Thomas as a member of the Parks and Recreation Advisory Board for a term of office ending March 31, 2014; and Thomas Pettigrew as a member of the Parks and Recreation Advisory Board for a term of office ending March 31,2014. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 5 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of the Western Virginia Workforce Development Board Workforce Investment Act funding for Program Year 2011. Adopted Resolution No. 39229-101711 and Budget Ordinance No. 39230-101711 (6-0). '2. Acceptance and appropriation of funds in connection with the Bulletproof Vest Partnership Grant from the U. S. Department of Justice. Adopted Resolution No. 39231-101711 and Budget Ordinance No. 39232-101711 (6-0). 3. Acceptance and appropriation of funds in connection with the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development. Adopted Resolution No. 39233-101711 and Budget Ordinance No. 39234-101711 (6-0). 4. Amendment to the City's contract with Mattern & Craig, Inc., for additional professional services in connection with the Old Mountain Road over Tinker Creek Bridge Replacement Project. Adopted Resolution No. 39235-101711 (6-0). 5. Adoption of a resolution in support of Virginia Railway Passenger Station and Roanoke River Greenway renovations; support of new applications for the Gainsboro History Walk and Virginia Museum of Transportation Claytor Pavilion improvements; and authorization to enter into necessary agreements in connection therewith. Adopted Resolution No. 39236-101711 (6-0). 6. Authorization to submit application for the Virginia Department of Transportation's Revenue Sharing Program Funds, to be used in connection with infrastructure improvement projects. Adopted Resolution No. 39237-101711 (6-0). 7. Execution of a public sidewalk easement between the City and New Horizons Healthcare for property located at the corner of Melrose Avenue and Fentress Street, N. W. Adopted Ordinance No. 39238-101711(6-0). 6 COMMENTS BY CITY MANAGER. The City Manager offered the following comments: . Elmwood Park Proiect On Wednesday, October 19 and Thursday, October 20, 2011, 5:00 p.m. - 6:00 p.m., an open house will be held in the Main Library Auditorium to view the concepts for the Elmwood Park Project. Citizens are invited to see developing ideas for the park's improvements and provide feedback to the architects, landscape architects, and engineers who are working on the project. The public also is invited to participate in an online survey to give their input on Elmwood Park improvements. To take the survey, visit the city's website at www.roanokeva.Qov, and select the "Elmwood Park Open House Workshops" link under "Read About." . Green LivinQ and EnerQY Expo The City will be a sponsor of the Association of Energy Conservation Professionals (AECP) 12th Annual Green Living and Energy Expo, on Friday, November 4, 10:00 a.m. to 6:00 p.m.; and Saturday, November 5, 10:00 a.m. to 4:00 p.m., at the Roanoke Civic Center's Special Events Center. Admission is free and attendees can learn about energy conservation, energy efficiency, renewable energy, green building, and sustainable living. Activities include exhibits, demonstrations, and seminars. . Outdoor Circus Event . First Outdoor Circus to be held on Saturday, October 22 and Sunday, October 23, 2011 in River's Edge Park. 8. REPORTS OF COMMITTEES: a. Presentation of the Proposed 2012 Legislative Program. Vice-Mayor David B. Trinkle, Chair, Legislative Committee. Adopted Resolution No. 39239-101711 (6-0). b. A report of the Roanoke City School Board requesting appropriation offunds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. ' Adopted Budget Ordinance No. 39240-101711 (6-0). 7 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 Bestpitch praised the appearance and function of the newly constructed intersection of Thirlane and Airport Roads. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None. AT 3:47 P.M., THE COUNCIL MEETING WAS RECESSED FOR SIX CLOSED MEETINGS IN THE COUNCIL'S CONFERENCE ROOM. AT 6:13 P.M., THE COUNCIL MEETING RECONVENED IN THE COUNCIL CHAMBER, MAYOR BOWERS PRESIDING AND ALL MEMBERS OF THE COUNCIL IN ATTENDANCE, WITH THE EXCEPTION OF COUNCIL MEMBER LEA. CERTIFICATION OF CLOSED MEETING. (6-0) AT 6:14 P.M., THE COUNCIL MEETING WAS RECESSED UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 8 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 17, 2011 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. All present. The Invocation was delivered by Council Member Lea. The Pledge of Allegiance to the Flag of the United States of America was led by St. John's Episcopal Church, Boy Scout Troop No. 17, Raleigh Court Methodist Church, Cub Scout/Webelos Troop No.8 and Boy Scout Troop No. 210. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 20 at 7:00.p.m., and Saturday, October 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: The Mayor acknowledged former Council Member Gwen Mason who was in attendance. Recognition for Outstanding Preservation/Renovation Projects by the Architectural Review Board. Barbara S. Botkin, Chair, Architectural Review Board. . Certificates presented by the ARB. 9 B. PUBLIC HEARINGS: 1. Request of F. W. Webb Properties, LLC, to permanently vacate a portion of a right-of-way along Hillview Avenue, S. E., between the intersection of Moran and Hillview Avenues, east to the City limit. Ben Crew, Balzer and Associates, Spokesperson. Adopted Ordinance No. 39241-101711 (7-0). 2. Proposal of the City of Roanoke to consider adoption of a Regional Water Supply Plan. Gary Robertson, Executive Director for Water Operations, Western Virginia Water Authority, Spokesperson. Adopted Resolution No. 39242-101711 (7-0). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, ,AS HE MAY DEEM APPROPRIATE. The following individuals appeared before the Council: Mark Woods appeared and spoke with regard to the lack of public restrooms in the downtown Market area while Center in the Square and the City Market Building are under renovation. Elizabeth Raines appeared and spoke with regard to her unpaid debts and religious beliefs. D. ADJOURN -7:51 P.M. 10 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S, W, Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor October 17, 2011 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D, Bestpitch Raphael E, "Ray" Ferris Sherman p, Lea Anita], Price Court G, Rosen David B, Trinkle This is to advise you that I will flot be present at the 2:00 p.m. session of Council on Monday, October 17, 2011. Best wishes for a successful meeting. Sincerely, ~ ;fi~ Sherman P. Lea Council Member /ctw Office of the Mayor CITY OF WHEREAS, the RED RIBBON CAMPAIGN was initiated in 1985 by the Virginia Federation of Communities for Drug-Free Youth; WHEREAS, the red ribbon was designated as the symbol of intolerance of illegal drug use and a commitment to a drug-free life style; WHEREAS, RAYSAC (Roanoke Area Youth Substance Abuse Coalition) and Blue Ridge Behavioral Healthcare will demonstrate their commitment to a drug-free community by urging the citizens of Roanoke to display RED, in the form of banners, ribbons worn as lapel pins, ribbons placed on car antennas, and red bows placed on mailboxes or on front doors; and WHEREAS, a Candlelight Vigil of Remembrance and Hope will be held at The Hotel Roanoke and Conference Center on Sunday, October 30, 2011, to remember those persons whose lives have been affected by substance abuse. NOW, "THEREFORE, I, David A. Bowers, Mayor of the City "of Roanoke, Virginia, do hereby proclaim October 23 - October 29, 2011, throughout this great All-America City, as RED RIBBON WEEK. Given under our hands and the Seal of the City of Roanoke this seventeenth day of October in the year two thousand and eleven. ATTEST: ~ ~m.~brV . Stephanie M. Moon City Clerk David A. Bowers Mayor Anita J. Price Council Member Office of the Mayor CITY OF WHEREAS, we recognize that for Americans with disabilities, employment is a fundamental to independence, empowerment and quality of life; . WHEREAS, the United States Congress by joint resolution of August 11, 1945, . as amended (36 U.S,c. 121), has designated October of each year as NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH; WHEREAS, the Americans with Disabilities Act ~f 1990 (ADA) is designed to remove barriers and enable individuals with disabilities to full participation in society; WHEREAS, the Mayor's Committee for People with Disabilities, a volunteer group of citizens and business leaders, with and without disabilities, formed originally in 1969 as "The Mayor's Committee on Employment of the Handicapped" continues to work diligently to improve the lives of individuals with disabilities; and WHEREAS, the City of Roanoke continues to work with the Mayor's Committee for People with Disabilities and other Roanoke Valley organizations and citizens: . to improve the physical, psychological, social and spiritual well-being of persons with disabilities in the community; . to educate the public about resources available to make the. most of the potential of individuals with disabilities; . to recognize the value of employees with disabilities and their employers through special programs and activities throughout the year; and . to uphold the fundamental commitment of justice and equality for all people, NOlv, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 2011, throughout this .great All-America City, as DISABIliTY EMPLOYMENT A WARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this seventeenth day of . October in the year two thousand and eleven. ~ ATTEST: ~'rh.~ Stephanie M, Moon City Clerk David A. Bowers Mayor --r;ofAl C/ove/ Mr. Mayor and City Council: Thank you for giving me a minute to discuss the urban farm that is proposed for the Countryside area. Many of you have replied directly to my email about the idea and I appreciate your attention to this matter. On more than one occasion the following article has been referenced and compared to the proposed project in our neighborhood: http://online . wsj .com/article/ SB1000142405311190339290457651 0492421141 056.html I wish to remind you that article makes no mention of chickens, nor does it address the impact of such a farm on an existing neighborhood. The scenarios laid forth in the article describe farms and neighborhoods that were developed together and does not compare farms that are dropped into long standing neighborhoods filled with people that did not envision a farm so close to the home they purchased. There are three distinct groups living in our neighborhood. Those that support the farm, those that are willing to discuss a farm without chickens and those that are totally opposed to the Co-op's idea. It is unfair for me to say I speak for anyone other than myself, but let me just say that the majority of us have strong reservations about having chickens raised in an area so close to our homes. No one can accurately say what the impact will be in terms of sound, sight and smell. When dealing with our daily lives and our property values, many of us are not willing to take the risk of the chickens being such a prominent part of the farm. Mayor Bowers, you said yourself that compromise is often a way to handle such issues and you hoped compromise would help with this one as well. Let the Co-op compromise that their enterprise will not include chickens on our neighborhood and then we can move forward with meaningful dialogue. Compromise, however, is not one group relenting so the other gets its way. Thucydides once said "The strong do what they will, and the weak suffer what they must." Our neighborhood has no intention of being the weak and will stand together either to work toward an amicable solution or hold those that do not listen to us accountable at the next election. Thank you. ~~a . p [VI ~~ October 17,2011 .' Sale Proposal of property to the SW Roanoke Natural Foods Co-Op for CHICKEN FARM in NW Countryside Community is LUNACY. Who is this BRAIN CHILD? The COUNTRYSIDE NW section has always been viewed as one of the most attractive and highly sought areas to own property by perspective home seekers. Being a concerned citizen and resident ofNW COUNTRYSIDE community, I am appallingly INSUL TED and ENRAGED. The Planning Commission has HOOD WINKED the NW COUNTRYSIDE residents. SHAME! SHAME! The Planning Commission proposed agricultural plants. There was NO MENTION of a CHICKEN FARM for our NW COUNTRYSIDE community. THE NWCOUNTRYSIDE MASTER PLAN has NO PROVISIONS for a CHICKEN FARM. The Planning Commission is displaying UNJUST, DECEITFUL and COWARDLY ACTS of pursuit with the Co-Op to DUMP a CHICKEN FARM in our upscale NW COUNTRYSIDE community. This is a very VENOMOUS PLAN. Residents ofNW COUNTRYSIDE entrusted the Planning Commission to act as stated with the plant agriculture plan. NO firsthand, pertinent or substantial information was gained by the Co-Op Visitor arranged Floyd County FARMLAND trip. This is NOT a TRUE MODEL of a . CmCKEN FARM in a RESIDENT AL area. Visitors noted TONS of APPLE PEELINGS dumped on the grounds, smells of fecal matter, ugly building structure and strong, pungent ,unpleasant smells from the eggs which were given. I have a compromised immune disease. Research is available to note chicken droppings transferred by chickens into the soil may cause HISTOPLASMOSIS (lung dis()rder) or AVIAN FLU. In either case these diseases would be MOST F A TAL for me/and or other NW COUNTRYSIDE residents. I VEHEMENTLY OPPOSE this sale or property to SW Natural Foods Co-Op. The CHICKEN FARM is in the NW MAJORITY CATEGORY as AGAINST. I beseech you to listen to my voice, voices of residents who live here, and not the voices of outsid~rs. I strongly urge you to disorganize and dismiss the consideration for sale of NW COUNTRYSIDE property to SW Roanoke Natural Food Co-Op. Let Roanoke City Council and City Officials NOT become a city who does not listen to the majority voices of its citizens. Give NW COUNTRYSIDE community citizens what they want. Retain and maintain a positive, respectful council of leadership known to value the majority over the minority rule. Strive for peaceful solutions and above all the harmony of communities in our STAR CITY OF THE SOUTH! Jacqueline Haley, 4735 Cheraw Lake Road NW, Roanoke, VA. 24017 540-563-0629 . /~h). (J D') !)~, /'\...Jct.lUU CJ1 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 William D, Bestpitch Raphael E, "Ray" Ferris Sherman p, Lea Anita], Price Court G, Rosen David B. Trinkle DAVIDA. BOWERS Mayor October 17, 2011 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to request a Closed Meeting to discuss a personnel matter, being the of appointment of a City Attorney, pursuant to Section 2.2.3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, ~~ Anita J. Price, Chair City Council Personnel Committee AJP:ctw CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property consisting of approximately 9,446 square feet of Official Tax Parcel No. 6472302, fronting on Mattaponi Drive, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1 950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers CITY COUNCIL AG,ENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property consisting of approximately 5,976 square feet of Official Tax Parcel No. 6472302, fronting on Laurel Ridge Road, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1 950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, consisting of two parcels bearing Official Tax Parcel Nos. 6421001 and 642111 3, located at 0 Ben Street and 0 Lewiston Street, N. W., respectively, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. ~~~~~~I------ City Manager Distribution: Council Appointed Officers CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, Official Tax Parcel No. 4130501, the former Buena Vista Recreation Center located at 1321 Morningside. Street, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1 950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council October 17, 2011 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property being the old YMCA, located at 425 Church Avenue, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to ~2.2-3711.A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers ( 2202 Carter Road Roanoke, Virginia 24015 October 6,24011 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to let you know that I will be retiring from my position as City Attorney at the end of this calendar year. I have truly enjoyed my career as a local government attorney, having served as an Assistant City Attorney with the City from 1978-1988, as County Attorney for York County from 1988-1999, and as City Attorney since 1999. It has been an honor to be able to work side by side with so many fine and dedicated elected, appointed, and career public officials and staff, Since I will be traveling a good bit next year, I must also regretfully resign my position on the board of Virginia Western Community College effective the end of this calendar year, I have served on the board since 2003, and have enjoyed serving with Dr. Sandel and his fine staff at the college, Thank you so much for the opportunity to have been of service to you and to the citizens of this wonderful community! I will miss working with each of you. With kindest personal regards, I .am Sincerely ~ur~o 0 ~ William M~~rth Cc: Stephanie Moon, City Clerk STEPHANIE M. MOON, MMC City Clerk Harold Wallick Towing Advisory Board Roanoke, Virginia Dear Mr. Wallick: 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 October 18, 2011 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Kenny Garrett has qualified as a member of the Towing Advisory Board for a term of office ending October 31,2014. ~ e la T. Webb Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kenny Garrett, do solemnly swear 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 Towing Advisory Board for a term of office ending October 31, 2014, according to the best of my ability. So help me God. $(N~ Kenny Garrett The foregoing oath of office was taken, sworn to, and subscribed before me by Kenny Garrett this -.:i... day of () C.T6InL2011. Brenda S. Hamilton, Clerk of the Circuit Court BY~~ ~~'} STEPHANIE M. MOON, MMC 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 October 18, 2011 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: JONATHAN E. CRAFT Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk This is to advise you that Thomas Pettigrew and Christopher Pohlad- Thomas have qualified as members of the Parks and Recreation Advisory Board, for terms of office ending March 31,2014. Cecelia T. Webb Assistant Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas Pettigrew, do solemnly swear 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 Parks and Recreation Advisory Board for a term of office ending March 31, 2014, according to the best of my ability. So help me God. 'Vh>l~ Q~ ThOiTiaS Pettigrew The foregoing oath of office was taken, sworn to, and subscribed before me by Thomas Pettigrew this 7'ft1 day of tf-~ 2011. ~~~ . Clerk -- By Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christopher Pohlad-Thomas, do solemnly swear 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 Parks and Recreation Advisory Board for a term The foregoing oath of office was taken, sworn to, and subscribed before me by Christopher Pohlad-Thomas this t.jt1- day of Ovfo bey 2011. Brenda S. Hamilton, C erk of the Circuit Court , Clerk ~ '1))C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. No. 39229-101711. A RESOLUTION accepting the We.~tern Yirginia Workforce Development Board Workforce Investment Act grant in the amount of $1 0,000, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of$l 0,000, with no local match from the City, to be used during the period of July 1, 2011, through June 30,2012, for the purpose ofadministering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Manager's report dated October 17, 2011, to City Council, is hereby ACCEPTED. 2. The City Manager is authorized to execute and file, on behalf of the City, any documents required to accept such 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. ATTE[/fj ~ M.. ~ City Clerk. R-Westem Va Workforce Development-WIA Programs-lO-17-201I.doc 1~ The 17th day of October, 2011. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No.' 39230-101711. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY12 Exemplary Performance Grant, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I Appropriations Training and Development Marketing Contract Services Equipment Revenues WIA Exemplary Performance FY12 35-633-2385-2044. 35-633-2385-8053 35-633-2385-8057 35-633-2385-8059 35-633-2385-2385 $ 2,500 3,500 1,500 2,500 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. r ATTZC6)~ M. .~ City Clerk. .CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council October 17, 2011 Funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs Background: The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of . Covington, Roanoke, and Salem. The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding for Area 3, 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. 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. The Western Virginia Workforce Development Board has received a Notice of Obligation (NOO), from the Virginia Community College System, allocating $10,000 for the board's Exemplary Performance in PY2009 for Program Year 20 1 1 0 u Iy 1 , 20 1 1 - J u n e 30, 20 1 2). Considerations: · Program Operations - Funds will be used to enhaflce already existing WIA projects and initiatives and provide additional training for WIA staff. · Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommended Action: Accept the Western Virginia Workforce Development Board Workforce Investment Act funding of $10,000 for Program Year 2011 . Adopt the accompanying budget ordinance to appropriate. funding per the attachment and establish a revenue estimate in the amount of $10,000 in accounts to be established in the Grant Fund by the Director of Finance. ~~ ;I' _______________ ~~P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services 2 Exemplary Performance Grant Budget: Training Marketing Contract Services Equipment $ 2,500,00 $ 3,500,00 $ 1,500,00 $ 2,500,00 $ $10,000,00 Total UB IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. No. 39231-101711. A RESOLUTION authorizing acceptance of the FY 2012 Bulletproof V est Partnership Grant made to the City of Roanoke by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, 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 Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, the FY 2012 Bulletproof V est Partnership Grant in the amount of $24,426, requiring a 50% local in-kind match, such grant being more particularly described in the report of the City Manager to Council dated October 17, 2011. 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 Department of Justice, Office of Justice Programs in connection with the acceptance of the foregoing grant. &t R-ballistic vests grant 1 0-17-201 I ,do;; ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. No. 39232-101711. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel - Sheriff Wearing Apparel - Police Revenues Bulletproof Vest FY12 - Sheriff Bulletproof Vest FY12 - Police 35-140-5908-2064 35-640-3428-2064 $ 12,051 12,375 35-140-5908-5908 35-640-3428-3428 12,051 12,375 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ity Clerk. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 FY 2012 Bulletproof Vest Partnership Grant Award Background: The United States Department of Justice is the administering agency for the Bulletproof Vest Partnership (BVP). The BVP reimburses 50% of the cost of new bullet resistant vests purchased by law enforcement agencies. The City of Roanoke has been awarded $24,426 in FY 2012 funding. The Police Department was awarded $12,375 to purchase 50 concealable bullet resistant vests. The Sheriff's Office was awarded $12,051 to purchase 22 concealable bullet resistant vests and 11 tactical vests. The required in-kind match of 50% of bullet resistant vest cost will be satisfied through each department's budget. Recommended Action: Accept the FY 2012 Bulletproof Vest Partnership Grant Award described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding and establish a revenue estimate for the Police Department in the amount of $12,375 and the Sheriff's Office in the amount of $12,051, in an account to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget a~ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39233-101711. A RESOLUTION authorizing acceptance ofthe Shelter Plus Care Renewal Grant Award on behalf of the Blue Ridge Continuum of Care, from the U.S. Department of Housing and Urban Development, in the amount of$174,900; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. r BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Shelter Plus Care Renewal Grant Award on behalf of the Blue Ridge Continuum of Care, from the U. S. Department of Housing and Urban I Development, in the amount of$174,900, with a local in-kind dollar for dollar match of supportive services required by provider agencies, for a five year period, beginning September 1, 2011, to provide rental assistance and supportive services to disabled homeless individuals and their families, as more particularly set forth in the report of the City Manager to this Council dated October 17, 2011. 2. The City of Roanoke is authorized to be the fiscal agent for this grant, and shall be responsible for distributing the grant proceeds. 3. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. R-Shelter Plus Grant Award.10-l7-2011.doc ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. . No. 39234-101711. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Rural Highlands Shelter Plus Care Grant, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Shelter Plus Care Revenues Shelter Plus Care - Rural Highlands 35-630-5303-2159 $ 174,900 35-630-5303-5303 174,900 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~ CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Shelter Plus Care Rural Highlands Background: In order. to improve regional collaboration efforts and have greater access to federal funds, in 2001, the Roanoke Continuum of Care (CoC), a coordinated group of service providers that work to ensure a continuum of care to homeless individuals and their families, expanded to include the Cities of Roanoke, Salem, and Covington and the Counties of Roanoke, Alleghany, Craig, and Botetourt. In 2003, the name of the group was changed to become the Blue Ridge Continuum of Care in order for it to apply for homeless funds through the United States Department of Housing and Urban Development (HUD). Each year, HUD releases its Notice of Funding Availability (NOFA) which outlines the preliminary pro rata share indicating the amount of federal dollars available to each Coc. The more ju risdictions that are included in the CoC, the greater the pro rata share. In 2010, after all renewal grants were funded, HUD had a balance of funds available which enabled the CoC to apply for new grants. HUD's emphasis for new projects was on rural permanent supportive housing applications. Authorization was granted by the City to apply for an expansion of the Homeless Management Information System, (HMIS) grant, along with a new Shelter Plus Care (SPC) grant for the Alleghany Highlands, with the City of Roanoke as the fiscal agent. The City was the lead for the Continuum of Care, and operates a similar SPC grant in collaboration with the Roanoke Redevelopment and Housing Authority (RRHA). RRHA also serves as the public housing authority for the Alleghany Highlands area. The costs covered by the grant are rent, utilities, security deposits, and damages to units, if necessary, if caused by clients. It also includes administrative fees to the Housing Authority for rental unit inspections and payments to landlords. A Shelter Plus Care grant allocation of $174,900 was awarded to the City of Roanoke for a five-year period beginning September 1, 2011. There is no local "cash" match for the grant. A local in-kind dollar for dollar match of supportive services is required and has been committed by the following agencies: Alleghany Highlands Community Services, Alleghany-Covington Department of Social Services, Safe Home Systems, Red Cross, Goodwill, Total Action Against Poverty, and the Roanoke Redevelopment and Housing Authority. Permanent supportive housing continues to be identified as a top priority for the Blue Ridge Continuum of Care and the Roanoke Regional Adyisory Council on Homelessness. This program provides rental assistance and supportive services to 4 disabled, homeless individuals and their families. Disabilities are defined as serious mental illness, chronic substance abuse, AIDS or related diseases and physical disabilities. Recommended Action: As fiscal agent, authorize the City Manager to accept the Shelter Plus Care Renewal Grant Award in the amount of $174,900 from the U. S. Department of Housing and Urban Development and execute the required grant documents on behalf of the City; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $174,900 and appropriate funding in the same amount to an account to be established by the Director of Finance in the Grant Fund. ~~~-r~iIT--- City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director, Human/Social Services ,/ 2 ,.,Y.~\,l'i;'" ,.' II " ~ :'1 '11[1\;' \ '"1~lIlli '"; '1l"."I:~,~q; U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT April 28, 2011 Mrs. Carol Tuning Human Services Coordinator City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Mrs. Tuning: Congratulations! I am delighted to inform you that the homeless assistance application(s) submitted by your organization in the 2010 McKinney-Vento homeless assistance competition was selected for funding in the amount of$174,900. Enclosed is a list that contains the name of the individual projects and the project number for each funded application. The Continuum of Care (CoC) Homeless Assistance Program is an important part of HUD's mission. CoCs all over the country continue to improve the lives of homeless men, women and children through their local planning efforts and through the direct housing and , service programs funded in this year's competition. The programs and CoCs funded through the CoC Homeless Assistance Program continue to illustrate their value by improving accountability and perfoffilance every year. I commend you on the outstanding work of your program, and encourage you to continue to strive for excellence in the fight against homelessness. Congratulations again on your award. You will be receiving a letter from your local HUD field office providing more information about finalizing your award, We are counting on you to use these important resources in a timely and effective manner. Sincerely, ) \- / '~~~o--. -:7 Mercedes Marquez Assistant Secretary Enclosure(s) www.hud,gov espanol.hud.gov Enclosure V A0169C3F021000 V A-502 - NEW - Rural Highlands Shelter Plus Care $ 174,900 Total Awarded: $174,900 p~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. No. 39235-l0l7ll~ A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with Mattern & Craig, Inc., in an amount up to $389,000.00 for additional architectural and engineering (AlE) services for the replacement of the Old Mountain Road Bridge over Tinker Creek Project; and authorizing the City Manager to take certain actions in connection with such Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's Contract with Mattern & Craig, Inc., in an amount not to exceed $389,000.00 for additional AlE services for the replacement of the Old Mountain Road Bridge over Tinker Creek Project, all as more fully set forth in the City Manager's Report to this Council dated October 17, 2011. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the Contract and provided the total amount of such Amendments will not exceed an additional $389,000.00, including an initial Amendment for the additional AlE services referred to above in an amount up to $339,000.00, all as set forth in the above Report. 1 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract itself. K:\tegenkamp\measures\res-mattem & craig old mtn rd-rt 605 structure 8012,doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Amendment to Contract for Engineering Design Services for Structure 8012 - Route 60S (Old Mountain Road) over Tinker Creek Bridge Replacement Background: The City entered into a Contract with Mattern & Craig, Inc. dated April 13, 2011 , for multiple phases of engineering services to support the replacement of the Old Mour;ltain Road Bridge (Structure 8012 - Route 605) over Tinker Creek. Mattern & Craig, Inc. was selected in accordance with the City's procurement policies and procedures. The Contract for the project provided for multiple phases. The initial Phase of the Contract included: (1) a study to determine the type, size and location of the new structure and (2) state and federal permitting. The fee for this initial Phase was $45,475. The City has the option to have Mattern & Craig, Inc. provide the additional phases set forth in the Contract which include final design of the structure and construction administration servic'es, subject to agreement of the parties on the scope of services and fees for such additional work. Considerations: This Amendment is for the additional phases outlined above and as set forth in the Contract. City staff has negotiated an acceptable Contract Amendment with Mattern & Craig, Inc. to proceed with the additional AlE design and other services for the project for an additional fee up to $,339,000 for such initial amendment. In addition to the above fee, other project expenses connected with the design and development of the work may include surveying, environmental testing or remediation, plan review fees, utility fees, costs associated with procurement of construction services, and related expenses and costs of this nature. Some of these items may be requested to be performed by Mattern & Craig, Inc. and some may be obtained independently, in order to allow for the most efficient use of resources. Therefore, there could be additional amendments' _needed to the Contract with Mattern & Craig, Inc. to perform additional services as the project develops. However, the total of any such amendments to the Contract with Mattern & Craig, Inc. would not exceed an additional $50,000 over the above mentioned amount of $339,000, for a total additional amount) not to exceed $ 3 89,000. Funding in the amount of $389,000 is available for the above requested items in Account No. 08-530-9529, Old Mountain Road Bridge Renovation. Recommended Action: Authorize the City Manager to execute additional amendments, approved as to form by the City Attorney, to the City's Contract with Mattern & Craig, Inc. in an amount not to exceed $389,000 for additional professional services as referenced above. Authorize the City Manager to take such actions and to execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above mentioned Contract with Mattern & Craig, Inc., as well as the original Contract itself. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Philip C. Schirmer, P.E., L.S., City Engineer \) 2 ,{( :\lglll IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October~ 2011. No. 39236-101711. A RESOLUTION authorizing the City Manager to execute applications for Virginia Department of Transportation Enhancement Grant Funds for the Roanoke River Greenway, the Virginian Railway Passenger Station, the Gainsboro History Walk, and the Virginia Museum of Transportation Claytor Pavilion, and expressing support for each project. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. . The City hereby expresses its continued support of the application to the Virginia Department of Transportation ("VDOT") for $99,8,400.00 to support the design and construction of the remaining segment of the Roanoke River Greenway between Bridge Street and the City of Salem. The City acknowledges that the required 20% local match is $249,600.00, and that the match is being provided through the donation of land, existing greenway capital project funds, and other funding sources, as more particularly set forth in the City Manager~s Report dated October 17,2011, to City Council. 2. The City hereby expresses its continued support of the Roanoke Chapter, National Railway Historical Society application to VDOT for an additional $93,466.00, for a total of $859,466.00, for the renovation ofthe Virginian Railway Passenger Station. The City acknowledges that the required 20% local match is $171,893.00, and that the match is being provided through the donation ofland, funding sources other than the City, and through other Roanoke Chapter, National Railway Historical Society contributions, as more particularly set forth in the City Manager's Report dated October 17,2011, to City Council. 1 3. The City hereby expresses its support of the Gainsboro Southwest Community Organization application to VDOT for $82,544.00 of funding for Phases I and II of Gainsboro History Walk improvements. The City acknowledges that matching funds in the amount of $20,636.00 are expected to be provided through in-kind contributions of architectural design services and research and the design of a brochure for the walking tour and that cash contributions are expected from a City of Roanoke Neighborhood Development Grant, the Roanoke Valley Preservation Foundation, and the Gainsboro Southwest Neighborhood Organization, as more particularly set forth in the City Manager's Report dated October 17,2011, to City Council. 4. The City hereby expresses its support of the Virginia Museum of Transportation application to VDOT for $533,200.00 to fund two phases of improvements to the Claytor Pavilion. The City acknowledges that matching funds will be provided by Norfolk Southern, which has committed $1 million in challenge grant funds, and through in-kind donations and services to be provided by the Roanoke Chapter, National Railway Historical Society, the Norfolk and Western Historical Society, and vendors, as more particularly set forth in the City Manager's Report dated October 17,2011, to City Council. 5. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, any required grant applications for the funding referred to above, with any such applications to be approved as to form by the City Attorney. K:\measures\Res-VDOT enhancement grant apps fy2013,doc 2 CITY COUNCIL AGENDA REPORT '" To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 VDOT Enhancement Grant Applications for FY 2013 Backg rou nd: Nationwide, state Departments of Transportation have Enhancement Grant Programs for projects that improve non-motorized transportation, enhance the public's traveling experience, revitalize communities, and improve quality of life. In the past, several projects in the City have received funding through this program. Among them are the Roanoke River Greenway, the Virginian Railway Passenger Station, and the O. Winston Link Museum. For the upcoming round of applications, the City intends to continue its support of two existing projects, the Roanoke River Greenway and the Virginian Railway Passenger Station, and to sponsor two new projects, a walking tour of the Historic Gainsboro Neighborhood and a roof extension at the Virginia Museum of Transportation. Considerations: Applications for funding requ ire resolutions of either new or continued su pport for these projects. The following paragraphs provide background on this year's applications. Roanoke River Greenway The Roanoke River Greenway has received Enhancement Grant Fund allocations on several occasions in the past. All of those funds have been expended or are obligated to active contracts. Funds are being sought this year to support the design and construction of the remaining segment of the Roanoke River Greenway between Bridge Street and the City of Salem. This year's application requests $998,400 in Enhancement Grant funding. The required local 20% match for this level of funding is $249,600 and is being provided through donation of land, existing Greenway capital project funds, and other funding sources. Virginian Railway Passenger Station This project has received partial funding in years past and the applicant, the Roanoke Chapter, National Railway Historical Society (NRHS), is applying for additional funding for FY2013. Prior enhancement grant funding ($766,000) along with funding from other sources is being used to develop plans to restore the structural integrity of the building and repair the roof. The applicant indicates that it expects to advertise for construction of the structu ral and roofing work this fall with construction start schedu led after the first of the year. This schedule is later than has been reported previously; the delay can be attributed to working through various procedural and funding constraints given the various agencies involved in providing funding for this project. This year's application is intended to provide the remaining funding needed to complete the project including the interior of the building. This year's application requests an additional $63,466 for a total of $829,466 in Enhancement Grant funding. The required 20% match for this level of funding is $165,893 and is being provided through donation of land, other funding sources, and through other Roanoke Chapter, NRHS contributions. All project funding will be provided through Enhancement funds and the matching funds as described. No City funding is expected. If successful, the applicant , indicates that it expects to have the remainder of the renovations designed between now and next summer and to advertise for construction in the fall of 2012. Gainsboro History Walk This is a new project request for which the Gainsboro Southwest Community Organization seeks funding for up to four phases of the development of a Gainsboro History Walk. The project will provide interpretive history markers in the sidewalk and wall plaques in the pedestrian plaza along Wells Avenue. The panels will recognize the development of Gainsboro from the City's first neighborhood in the mid-1800s to the center of commercial, religious and social life for Roanoke's African-American community during the first half of the 20th century. Phase 1 of the project will complete the "history panels" that were originally planned for the plaza on Wells Avenue across from the Hotel Roanoke. In addition to the sidewalk markers and plaques, a walking tour guide also will be developed that can be posted on the Internet. Phase II will continue the history walk in the sidewalk along Wells Avenue toward Henry Street (also a . National Register Historic District) using inset markers. Anticipated future Phases III and IV will continue the walk to the Gainsboro Library and into the residential neighborhood along Gilmer Avenue. Phases I and II are expected to cost $103,180 and Phases III and IV are expected to cost $84,300 for a total project cost of $187,480. This application includes a request for funding for Phases I and II only in the amount of $82,54,4. The matching funds in the amount of $20,636 are expected to be provided through in-kind contributions of architectural. design services and research and the design of a brochure for the walking tour. Cash contributions are expected from a City of Roanoke Neighborhood Development Grant, the Roanoke Valley Preservation Foundation, and the Gainsboro SW Neighborhood Organization. No additional City funding is expected. Virginia Museum of Transportation Claytor Pavilion Improvements This ,is 'a new project request for which the Virginia Museum of Transportation seeks funding for two phases for improvements to its Claytor Pavilion. The Phase 1 improvements include an additional shed roof over a fourth track, 2 construction of platforms between tracks to provide on-grade access to equipment, and elevating the existing asphalt surface to improve access and minimize trip hazards. Phase 2 improvements consist of the relocation of Track 2, construction of additional platforms, and additional paving to elevate the yard surface in other areas. Phase 1 is expected to cost $688,000 and Phase 2 is expected to cost $586,000. For this Enhancement Grant application, the Museum seeks $533,200 in funding to support only Phase 1 of --this effort. Matching funds will be provided by'Norfolk Southern, which has committed $1 million in challenge grant funds, and through in-kind donations and services to be provided by the Roanoke Chapter, National Railway Historical Society, the Norfolk & Western Historical Society, and some vendors. No City funding is expected. Recommended Action: Adopt the accompanying resolution expressing City Council'~ continuing support for the renovation of the Virginian Railway Passenger Station and the Roanoke River Greenway and for City Council's support of the new applications for the Gainsboro History Walk and the Virginia Museum of Transportation Claytor Pavilion improvements. Authorize the City Manager to sign the applications, such applications to be approved as to form by the City Attorney ~fJ.~ Christopher P. Morrill City Manager Distribution: Council Appointed Officers Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., Transportation Division Manager ( 3 p~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. No. 39237-101711. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) for funds from VDOT's Revenue Sharing Program in the amount of$2,830,000.00 for FY2013 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $2,830,000.00 for any funds provided by VDOT for the projects referred to in the City Manager's Report dated October 17, 2011, to this Council, and which will require the City to provide matching funds of $2,830,000.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Revenue Sharing Program for FY2013 in the amount of$2,830,000.00 for the following four Projects: a. 9th Street over NS Railway Bridge Rehabilitation located in Southeast Roanoke. b. Pheasant Ridge Road Reconstruction. c. City- Wide Storm Drain Improvements. d. Roanoke River Greenway Construction for the connection between Roanoke and Salem. 1 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. ~ ity Clerk. K:\measures\Resolution-VDOT-Revenue Sharing - 4 projects.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Authorizing Request for VDOT Revenue Sharing Program Funds Background: The Virginia Department of Transportation's (VDOT) Revenue Sharing Program is again available to cities for FY 2013. This program provides additional funding for use by the City to construct or improve its infrastructure systems. The maximum amount made available to localities is $10 million for FY 2013. These funds are matching funds in the following percentages: (50% State/50% City). Considerations: For this year's application, the City will request $2,830,000 dollars from VDOT, which will require a City match of $2,830,000 dollars. Staff has identified four projects for which it would like to request these funds. These projects are: 1. 9th Street over NS Railway Bridge Rehabilitation in Southeast Roanoke - $700,000. City match funding will be provided by using $700,000 from the City's planned FY 2013 capital project funds for Bridge Repair and Replacement through the planned issuance of bonds. 2. Pheasant Ridge Road Reconstruction - $130,000. City match funding will be provided by using $130,000 from the City's planned FY 2013 operating funds for Paving Program. 3. City-Wide Storm Drain Improvements -$1,100,000. City match funding will be provided by using $1,100,000 from the City's planned FY 2013 capital project funds for Neighborhood Storm Drain Program through the planned issuance of bonds. 4. Roanoke River Greenway Construction for the connection between Roanoke and Salem - $900,000. City match funding will be provided by using $900,000 combined from: o Comprehensive Greenway Balance o Pathfinders Donations o Planned FY 2013 capital project Funds Greenways and Trails $ 75;000: $625,000 $200,000 Recommended Action: Authorize the City Manager to su bmit an application to VDOT for VDOT's Revenue Sharing Program requesting $2,830,000 for the above-listed projects as set forth above. Authorize the City Manager to take such fu rther actions and execute such documents, approved as to form by the City Attorney, as necessary to submit the above application and to furnish such additional information and/or documents as may be required for such application. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Robert K. Bengston, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Mark D. Jamison, P.E., PTOE, Transportation Division Manager 2 s/f \~ \ \'J\ \0 \ ,f. ~i;E IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October~ 2011. No. 39238-101711. AN ORDINANCE authorizing and providing for the City's acceptance of a certain perpetual easement and a dedication of right-of-way for public street purposes from Kuumba Community Health & Wellness Center, Inc., upon certain terms and provisions, and dispensing with the second reading of this ordinance. WHEREAS, Kuumba Community Health & Wellness Center, Inc., d/b/a New Horizons Healthcare ("New Horizons"), is building a new community healthcare center located at 3716 Melrose Avenue, NW, Official Tax Map No. 2762101; WHEREAS, an existing public sidewalk along Fentress Street, NW, encroaches on the subj ect property; WHEREAS, development of the subject property is adversely affected if the real estate occupied by the sidewalk is dedicated to the City for public street and sidewalk purposes; WHEREAS, New Horizons is willing to grant to the City a 251 square foot perpetual easement, allowing the public to traverse the area within the easement and granting to the City the right to maintain the area within the easement for the general public's health, safety and welfare; WHEREAS, New Horizons is also willing to dedicate a 322 square foot area from 3716 Melrose Avenue, NW, Official Tax Map No. 2762101, adjacent to Adams Street, NW, for public street purposes; WHEREAS, the City Manager has recommended to the City Council that an easement for a public sidewalk and a right-of-way dedication for public street purposes be accepted from New Horizons for the maintenance and operation of a public sidewalk and a public street, and New Horizons has agreed to convey to the City a perpetual easement for a public sidewalk and a dedication of right-of-way for public street purposes; and WHEREAS, the terms and conditions of such perpetual easement and dedication of right- of-way are set forth in the City Manager's report dated October 17, 2011, to this Council, and the plat and the deed attached thereto. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and the City Manager is hereby, authorized to accept on behalf of the City, by adequate deed of easement and deed of dedication from New Horizons, a perpetual easement for a public sidewalk and a dedication for public street purposes, upon the terms and provisions hereinafter set forth with respect to such owner, and the full right and privilege for the City to enter and go upon the easement area to operate, maintain and repair such public sidewalk, such easement and dedication being located on that parcel ofland bearing Official Tax No. 2762101, and being similar in detail in a plat entitled, "Final Plat for Kuumba Community Health & Wellness Center, Inc., Showing the Dedication of 322 Sq. Ft. of Land for Public Street Purposes, .' Creating Hereon a 1.699 Acre Tract of Land Designated as Tract A, Situated on the South Side of Melrose Avenue, NW," attached to the City Manager's report dated October 17,2011, to this \. Council, and on file in the records of the Circuit Court Clerk for the City of Roanoke. BE IT FURTHER ORDAINED that such deed and plat creating and transferring such easement and public right-of-way shall be in form approved by the City Attorney for the City of Roanoke. BE IT FURTHER ORDAINED that the second reading of this ordinance is dispensed with. " m~ N1*: Lq>. City Clerk K:\Talevi\measures\city council measures\O-acceptance of public sidewalk easement.doc CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council October 17, 2011 New Horizons Health Care - Acceptance of a Public Sidewalk Easement, Parcel 2762101 Backg rou nd: New Horizons Healthcare (Kuumba Community Health & Wellness Center, Inc.) is building a new community healthcare center located at 3716 Melrose Avenue, NW. An existing sidewalk encroaches on the subject property approximately seven feet at the corner of Melrose Avenue and Fentress Street, NW. In general, public rights-of-way, such as sidewalks, are created by the dedication of such property to the City, so that the City owns and controls the right-of-way. Such a dedication prevents difficulties in the maintenance and operation of the right- of-way, such. as when utilities must be extended, installed or relocated, franchises are granted, personal injuries are sustained within the right-of-way, rights-of-way are sought to be closed by barricade or vacated, and when routine maintenance is performed on the right-of-way. Under normal circumstances, Kuumba would simply dedicate this sidewalk right-of-way to the City; however, in this case, to do so would cause the new healthcare center to be in violation of the City's setback requirements, and it is unlikely that Kuumba could obtain a variance from those requirements. It is proposed, in this one instance, that the City accept a sidewalk easement, rather than a dedication, in order to accommodate Kuumba and construction of its new center. Kuumba also proposes dedication of land to public street purposes at the intersection of Melrose and Adams Street NW. Considerations: As explained above, development of Kuumba's property will adversely be affected if the land occupied by the sidewalk is dedicated to public street purposes. Kuumba has proposed granting the City a public sidewalk easement of 251 square feet over the existing sidewalk in order to provide the City with the rights necessary to operate and maintain the existing sidewalk. The subject easement will be in a form acceptable to the City Attorney. Additionally, Kuumba will dedicate land along the Adams Street frontage to public street purposes. Reco.mmended Action: Authorize the City Manager to accept the proposed public sidewalk easement and dedication for public street purposes and execute any related documents and agreements. ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Tom Carr, Director of Planning Building and Development Philip Schirmer, City Engineer 2 .. ."OOIOObO Po 0 0 8 b NO -q II Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to ~58.1-811A(3). Code of Virginia This Doc/mIen' Prepared By aI/d Return to: Thomas T. Palmer Woods Rogers PLe P.O. Box 14125 RoalJoke, VA 24038-4/25 To:, Mop Reference No.: 2762/01 THIS DEED OF DEDICATION AND EASEMENT is made this qil-t day of Novemh'ef', 2011, by and between KUUMBA COMMUNITY HEALTH & WELLNESS CENTER, INC., a Virginia corporation, Grantor, and the CITY OF ROANOKE, VIRGINIA, a municipal' corporation organized and existing under the laws of the Commonwealth of Virginia, Grantee, hereinafter referred to as "City"; WITNESSETH: WHEREAS, 'Grantor is the owner of a tract of land consisting of 1.707 acres as conveyed to Grantor by Instrument No. 050015700, said property being more particularly described and set forth on a plat prepared by Valley Engineering, Michael W. Mars, Land Surveyor, entitled "Final Plat for Kuumba Community Health & Wellness Center, Inc. Showing the Dedication of322 Sq. Ft. of Land for Public Street Purposes, Creating Hereon a 1.699 Acre Tract of Land Designated as Tract A, Situated on the South Side of Melrose Avenue, NW," dated August 25, 2011, as last revised October 20,2011, a copy of which is attached as an exhibit to this Deed and incorporated herein by reference; and WHEREAS, it is the desire of the Grantor to dedicate for public street purposes a portion of the property shown and set forth on the attached plat as 322 Sq. Ft. Right-of-Way Dedication for Public Street Purposes. \ NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency. of which is hereby acknowledged, Grantor does hereby grant and convey to the City and dedicate {#I462/36-/, I06634-00002-0I} PG 0 0 8 1 HG -q 'II for public street purposes that portion of that certain parcel of land, as shown on the attached plat, as 322 Sq. Ft. Right-of-Way Dedication for Public Street Purposes, lying 'in the City of Roanoke, Virginia, and being more particularly described as follows: Beginning at a point at the southeast intersection of the intersection of Adams Street, NW, and Melrose Avenue, NW, said point being a found chiseled "X" in sidewalk; thence with the southern boundary of Melrose Avenue, NW, S 660 30' 00" E 2.65 feet to a point; thence with a new line through the property of the Grantor S 240 07' 20" W 243.70 feet to a point; thence with the eastern boundary of Adams Street, NW, N 230 30' 00" E 295.00 feet to the place of Beginning. Said dedication is made with the consent and approval of the appropriate authorities of The City of Roanoke, Virginia, as evidenced by execution of this document on behalf of the Grantee. The dedication of this public right-of-way is with the free consent and in accordance with the desire of the undersigned Grantor, as evidenced by the signatures set forth below. AND FURTHER, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey to the City a new public sidewalk easement over that area shown on the attached plat as 251 Sq. Ft. Public Sidewalk Easement, lying in the City of Roanoke, Virginia, and being more particularly described as follows: Beginning at an iron pin found at the southwest intersection of Melrose Avenue, NW, and Fentress Street, NW (formerly Washington Street); thence with the western boundary of Fentress Street, NW, S 230 30' 00" W 71.95 feet to a point; thence with a new line to the property of the Grantor herein,. N 170 57' 34" E 72.29 feet to a point on the southern boundary of Melrose Avenue, NW; thence with Melrose Avenue, NW, S 660 30' 00" E 6.98 feet to the point of Beginning. This conveyance is also made with the consent and approval of the appropriate authorities of The City of Roanoke, Virginia, as evidenced by execution of this document on behalf of the Grantee. 2 {#/462136-1. l06634-00002-01} PG'O '0 8 8 NO..:q 'll ' WITNESS the following signatures and seals: GRANTOR: KUUMBA COMMUNITY HEALTH & WELLNESS CENTER, INC. STATE OF _~~~ ) ~ ) to-wit: CITY/COUNTY OF IJC01 J/J; ) BY~t:2'~~~~ The foregoing instrument was~ beforX:%e in y jurisdictii'n aD resaid this 2 day of 1l1JVe?H1t:1Yr., 2011, by {' , , of Kuumba CommuOlty Health & Wellness Center, Inc., who IS perso lly known to me or whose identity was proven to me by satisfactory evidence of identity and who personally appeared before me. ~ Melinda C. Hartley , w' Notary Public - Reg #7502489 CommOnwealth of VA My Com. Exps. f ~ ~(.~ Notary Public - - ?'50;?q~9 Notary Registration Number [if not on seal] My commission expires !t!~/15 3 {#/462/36-/, /06634-00002-0/} COMMONWEALTH OF V~ CITY/COUNTY OF f<.(;)tJ/1LA,k 0 -I PG 00 8. q NO -q " ' GRANTEE: ) ) to-wit: ) The foregoing instrument was acknowledged before me this 9:l1:L day of 'f}~, 2011, by Christopher P. Morrill, the City Manager for the City of Roanoke, Virginia, for and on behalf of the City. My commission expires \p..j~b. 2.i ~OJ '1 Approved as to Form , ~~B, ~ ASSIS ant Ity Attorney , {#1462 136-1. 106634-00002-01) ().ul. ~ . ~ m...~ Notary Public :f ~/7 9 "" 00. \,!i'"hil . ~ ~~. ~ , J~ Notary Registration Number [if not o~);'~ ......:.~o(;,~ ~ cJ/.., NOTARY'... 0;-:' ~ :' PUBUC ". ~ = *: REG:'#317923 ": * = = 0 ~ MY COMMISSION: : ; a ". EXPIRES .: ;:s E -=:'~'...2128/2014 "'~~$ "viti"':......... ~'\\..... ",,;"fALTH ()~ ..."',.... , """11"""" 4 . . ' !31~~-. < Il~ ~ \I) .... 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I i II u~~ Il~~;~~1 ~~~~ ! ~ ; i ~ Q I '1 i ~ 6' ~ I~Ai ,ia:l~ ~ ~ II . 'CI . I ~ 3!, ~ l~ ~ I ;jI. IW, [i!i lllli! ~~ ~ ~l t! ~! iill ~ ;I~!~ - B iii " II' Ii ll~ ~II!~ ~~_tli ili~~ ill ~ .. {#1462136-1. 106634-00002-0J} PG 0 0 q 0 MO -q II ' EXHIBIT 'lli 1!Il'lll; i~l!'IIIII!l~i !!:IIi Illl! Ii !Ii II ~ i~~!li II~ijll~i!~li! lilll~l ! !i! ., !:l ~"'~ it~ ;;/~~ ~) ll!I!.II ~, ~~ 21 ~~i~~~~ ADAMS STREET. NW ~~~~. stJ- RIfiHT-d-w.r .. C') ~ ~~ It 2."f). .1$_- ~ ~ INSTRUMENT ~110010060 RECORDED IN THE CLERK'S OFFICE OF ROANOKE CITY ON NOVEMBER 9~ 2011 AT 03:47PM BRENDA S. HAMILTON, CLERK RECORDED BY: KMT ~~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. No. 39239-101711. ;' A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to. the City's delegation to the 2012 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council. is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated October 17, 2011, recommended to Council a Legislative Program to be presented at the 2012 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated October 17, 2011, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2012 Session of the General Assembly, 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2012 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00 a.m., on December 5, 2011. DocumenO "-. 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 William D, Bestpitch Raphael E, "Ray" Ferris Sherman p, Lea Anita j, Price Court G, Rosen David B, Trinkle DAVID A. BOWERS Mayor October 17,2011 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 2012 Legislative Program Dear Mayor Bowers and Members of Council: City Council's Legislative Committee has met twice to review the proposed 2012 Legislative Program. A copy of the proposed Legislative Program for this year is attached. After careful review, the Committee recommends it to City Council for favorable action. The School Board portion of the Program was approved by the School Board at its meeting on September 28, 2011. As Chair of the Legislative Committee, I wish to thank the other members of Council, who comprise the Committee, including Ms. Vaught and Ms. Lewis of the School Board. We also wish to thank Bill Hackworth, City Attorney, who coordinated and prepared this Program. As Chair of the Legislative Committee, I commend the Program to City Council for its approval. I am confident the members of the Council will agree that the recommended Program will advance the legislative interests of the City and its people at the 2012 Session. Res ctfullf].f]j- vid Trinkle, Chair Legislative Committee WMHfDT fIsc Attachments c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Dr. Rita Bishop, Superintendent Annette Lewis, Member, Legislative Committee Lori Vaught, Member, Legislative Committee Stephanie M. Moon, City Clerk October 13,2011 2012 Legislative Program Lee:islation Requested TransDominion Express Commission. Sen. Edwards has proposed legislation which would establish the TransDominion Express Commission to be responsible, within the TransDominion Corridor, for identifying needed construction, reconstruction, improvements of or repairs to railroads and their facilities and equipment necessary to provide enhanced passenger rail service, coordinated with freight rail opportunities, within the Corridor. The Commission may finance or assist in financing any rail transportation project. (Sen. Edwards patroned S.B. 435 in 2010; it was continued to 2011 in Senate Rules Committee, where it was left.) It would have repealed Chapter 1041 ofthe 2003 Acts of Assembly, which provided for the creation of a Rail Transportation Development Authority, b~t never became effective because its "reenactment clause" was never satisfied) Passenger Rail Service. The City of Roanoke supports the proposal to extend passenger rail service from Bristol through Roanoke and on to Lynchburg and then to Washington, D.C., and Richmond, Virginia (the "TransDominion Express"). Roanoke is the largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9 million in preliminary funding for this important economic development initiative. The City supports the additional State funding necessary to place the service into operation. Priority should be give to instituting passenger rail service between Roanoke and Lynchburg, to enable residents of this region access to passenger rail service. The State has provided funding for the City to initiate the Smart Way Connector bus service between Roanoke and Lynchburg, coordinated with train schedules. (Senator Edwards patroned S.B. 864 in 2009, which would have created the Rail Transportation Development Authority; it failed to report from the Finance Committee.) Restore State Budget Cuts. The State should restore the funding reductions in local aid made during the last legislative session, and not make any further reductions in local funding. The State should also stop utilizing cuts in aid to local governments as a budget balancing tool. The budgeted amount for such cuts that the City must remit to the State as "Aid to the Commonwealth" for FY 2012 is $1,459,000. Unfunded Mandates. The Commonwealth must provide sufficient resources to pay its share of mandated services, and should not pass the costs on to local taxpayers of State-mandated services. The State should not enact any further legislation that imposes new mandates on local governments without providing for a source of revenue to pay for them. The recent shift in funding responsibilities to localities for the Line of Duty Act is a good example of how the State has acted to shift costs to localities. The State should either repeal current mandates upon local governments that are unfunded, or should authorize specific revenue sources to pay for them. The 2009 Catalog of State and Federal Mandates on Local 1 Governments, compiled by the Commission on Local Government, Department of Housing and Community Development, Commonwealth of Virginia, identifies hundreds of mandates. See: http://leg2.state. va. us/ dls/h&sdocs.nsf/By+ Y ear/RD3 262009/$file/RD3 26. pdf Pneumatic Weapons. The City prohibited since at least 1909 the discharge, anywhere within the City, of air-guns and similar implements (Code of the City of Roanoke 1909, Sec. 399); but by the enactment of S. B. 757 during the last session of the General Assembly, the General Assembly invalidated all existing local ordinances "that prohibit the use of pneumatic guns in or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property." The prohibition of the discharge of air-guns and similar pneumatic weapons in the City is a prudent measure that helps ensure the public safety, health, and welfare, especially given the City's high population density of over 2,200 persons per square mile, and the narrowness and small size of many lots within the City; Pneumatic guns include rifles and pistols that fire .22 caliber pellets - the same cal~ber as the smallest rifle caliber, and they reportedly have killing power at close range and the ability to kill small animals at fifty yards. In addition, law enforcement officers are concerned that the resemblance of some pneumatic weapons to even more lethal weapons will cause problems for officers responding to calls, and having to make split-second decisions about how to respond appropriately. The City requests that localities with a population density of at least 1,000 persons per square mile be authorized once again to regulate the discharge of pneumatic weapons, as they were able to do before the enactment of S. B. 757. Other Legislative Priorities Revenue related requests Education Funding. The State has a constitutional duty to meet its education funding obligations. The City supports full funding of State education programs including the Standards of Quality, incentive, categorical, and school facilities programs. The City opposes changes in methodology and changes in the division of financial responsibility that result in a shift of funding responsibility from the State to localities. As an example, the City opposes 'the elimination or decrease of State funding for State mandated benefits for school employees. The State should consider alternatives to generate additional funds to fulfill the constitutional commitment to education. Alternatives could include raising the sales tax or decreasing the amount of funding for the personal property tax exemption program. The City opposes policies that lower State contributions to education under the Standards of Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards of Accreditation and Standards of Learning. The State should not continue to maintain and increase educational requirements while at the same time decreasing State funding. 2 BPOL and Machinery and Tools Taxes. The City oppose efforts by the State to limit local government taxing authority, such as eliminating the business license tax or the machinery and tools tax. Taxation of Motor Vehicles, Travel Trailers, Boats and Airplanes Weighing Over 10,000 Pounds. Sec. 58.1-3511, Code of Virginia, provides, in relevant part, that the situs for personal property taxation of motor vehicles, travel trailers, boats and airplanes weighing over 10,000 pounds is the locality where they are "normally garaged, parked, or docked." The Attorney General and State Department of Taxation have opined in recent opinions that in order for the phrase "normally garaged, parked, or docked" to apply, the property must be located in the locality for six months or more, even though this is not a statutory requirement. This interpretation is beginning to cost the City and other localities significant revenues. The Commissioner of Revenue estimates that approximately 7,138 vehicles and trailers in the City could escape any local taxation if the six-month rule is consistently applied, potentially costing the City over $1,750,000 annually. The Commissioner of the Revenue has requested that Sec. 58.1-3511 be amended to add the following provision: "For purposes of this section, the phrase 'normally garaged, docked or parked' as applied to motor vehicles, travel trailers, boats, and airplanes weighing over 10,000 pounds, shall mean that the motor vehicle, travel trailer, boat, or airplane must be located physically in the taxing jurisdiction a greater amount of time in each tax year than it is in any other jurisdiction or state." (Requested by the Commissioner of the Revenue.) Arts and Cultural Organizations. The Commonwealth should continue funding for the Virginia Commission for the Arts, which makes grants to local arts art and cultural organizations. According to a recent.study by the Arts Council of the Blue Ridge, such organizations and local artists account for about $18 million in tourist spending in the area, and $760,000 in local and State tax revenues. . Fee for Domestic Violence and Domestic Related Offenses. Enabling legislation authorizing localities to impose a fee of $50.00 on those convicted of domestic violence and domestic related offenses would help offset the expense of domestic violence investigations and provide services to victims. This fee would be separate from and in addition to any fine and/or costs otherwise imposed by the courts. (Suggested by the Roanoke Domestic Violence Task Force.) State Aid to Public Libraries. State aid to .public libraries has been cut dramatically since full-funding was last achieved in FY 2001. In fiscal year 2010 State aid is only funded at 56% of the level mandated by the Code of Virginia, which has produced a shortfall in State aid to public libraries of nearly $7 million per year. The 2010 General Assembly approved an additional 15% reduction in State aid for fiscal years 2011 and 2012 which will drop State support to nearly 50% of the State funding required. 3 Payment of Taxes, Fees, and Fines Owed the City. Sec. 15.2-2286.B, Code of Virginia, permits localities to require applicants for special exceptions, special use permits, variances, rezonings or other land disturbing permits, including building permits and erosion and sediment control permits, to produce satisfactory evidence that any delinquent real estate taxes owed the locality have been paid. It is requested that this section be amended to include any taxes (such as personal property), fees, or fines owed the locality by the owner of the subject property. (Requested by Division of Planning, Building and Development.) Sales Tax Payments by State. Section 58.1-605.F, Code of Virginia, gives the State Department of Taxation a six-month time period in which to distribute to localities sales taxes that are incorrectly paid to another locality, after an audit reveals that an incorrect distribution of such taxes has been made. The state should correct sales tax distributions to localities within thirty (30) days. (Requested by Dana Long, Manager, Billings and Collections.) Penalty for Untaxed Cigarettes. Section 58.1-3832(5), Code of Virginia, provides that localities may impose a penalty for fraud or evasion of payment of a cigarette tax, but limits the penalty to an amount not to exceed fifty percent of the tax owed. At the current tax rate of $.54 per pack, the maximum penalty which may be imposed is $.27 per pack. This limit should be removed so that localities can set their own rate of penalty, e.g., 100% penalty of the tax due with a stated dollar flat rate amount also authorized. For example, a penalty of $500 in addition to 100% of the tax amount owed. The amount of interest imposed on the unpaid balance should be ten percent as is commonly charged on other receivables. The goal is for the penalty to be large enough to act as a deterrent and also strong enough to encourage legal compliance. (Requested by Dana Long, Manager, Billings and Collections. ) Untaxed Cigarettes. Section 58.'1-3832.5, Code of Virginia, authorizes localities to adopt ordinances making it a misdemeanor for persons to possess more than six cartons of untaxed cigarettes. This should be amended to make it a misdemeanor to possess any amount of untaxed cigarettes. (Requested by Dana Long, Manager, Billings and Collections.) Fee for Transporting Arrestees. Legislation should be adopted authorizing localities to impose a fee ($5.00 is suggested) for each time an arrestee must be transported by local law enforcement, such as transporting them to a holding facility, such fee to be. imposed upon the person if convicted of the crime for which he or she was arrested. Such fee would be used to offset the cost of transporting arrestees. (Requested by Roanoke City Police Department.) Conservation Easements. The State should provide some incentive, financial or otherwise, for localities which place land owned by them under a conservation easement, such as assisting in paying for any necessary surveys. 4 ReQuests related to Quality of life/public health. safety and welfare Preserve Sovereign Immunity. On October 23, 2009, the Boyd-Graves Conference (composed of lawyers who represent the interests of both plaintiffs and defendants) voted to recommend that the sovereign immunity of Virginia localities be limited, and that the Virginia Tort Claims Act be extended to apply to localities. The Act currently applies to the Commonwealth. One justification cited for this action is that the current system of tort liability is confusing and unfair, in that counties have total sovereign immunity, while cities have liability for injuries incurred during the performance of a "proprietary" function, but have immunity when injuries are incurred during the performance of a "governmental function". Abolishing sovereign immunity could be very expensive for the City's taxpayers. The City joins with the Virginia Municipal League in opposing placing the City and other localities under the Virginia Tort Claims Act. Dangerous Weapons in Government Buildings. The City joins with the Virginia Municipal League in supporting legislation to allow local governments to prohibit or restrict the carrying of dangerous weapons in city and town halls, county administration buildings, public libraries, public community and recreation centers, and public convention/conference centers. Section 15.2-742, Code of Virginia, currently prohibits localities from adopting or enforcing any such prohibition or restriction with regard to firearms. Carrying Loaded Firearms in Public Areas. The Police Department has requested that Roanoke be added to the list of localities in Sec. 18.2-287.4, Code of Virginia, that are authorized to prohibit the open carrying in public areas of certain weapons. That section provides: Sec. 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty. It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven'rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William. 5 The. prOVISIOns of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions ofthis section shall be guilty of a Class 1 misdemeanor. The exemptions set forth in 9 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. Injured Animals. Sec. 3.2-6507, Code of Virginia, authorizes licensed veterinarians to "treat, hospitalize or euthanize" a sick or injured animal if the owner of the animal "cannot be immediately located." The Police Department requests that this section be amended to authorize animal control officers to have the same authority accorded licensed veterinarians by this section. Nuisance Abatement. Sec. 15.2-901, Code of Virginia, authorizes localities to go onto private property and abate certain nuisances thereon, after giving notice to property owners and the failure of the owners to act to correct the nuisances, such as accumulations of trash, garbage, refuse, litter and other substances which endanger the public health or safety, and excessive "grass, weeds or other foreign growth." In addition to such nuisances, citizens and neighbors often complain of shrubbery and trees which have been neglected and have become overgrown, creating various problems and nuisances. It is requested that Sec. 15.2-901 be amended to add nuisances caused by "shrubbery and trees" to the type nuisances which localities may abate. Outdoor Lighting. Legislation is requested which would authorize the City to regulate, through its zoning ordinance, exterior illumination levels of the lighting on new buildings and structures. Albemarle and Prince William Counties (see 915.2-504.1, Code of Virginia) and Arlington County (see 915.2-742, Code of Virginia) have this authority. Predatory Lending Practices. Local governments must retain the authority to regulate the location and number of payday lending institutions, and the State should limit the effective interest rates and fees charged on loans to 36 percent Plastic Bags. The City supports legislation such as H. B. 521, introduced by Del. Morrissey in 2011, and H. B. 1498, introduced by Del. Ware in 2011, that would prohibit retailers from providing customers with plastic bags unless they are (i) durable with handles, (ii) at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple use. San Francisco, the Outer Banks (Currituck, Dare and Hyde Counties), and several other cities (including Paris and London) have banned such bags, and several other states and 6 cities are considering such a ban. (Requested by City's Transportation Division, which reports that it must spend as much time picking up litter from City rights-of-way as it does in mowing along them.) In the alternative, the City requests that localities be authorized to impose a fee on each plastic bag distributed by retailers, with such fees to be devoted to litter prevention. Washington D.C.'s 5 cent tax on plastic bags, instated just this past January, has already proven to have a phenomenal impact: the number of plastic bags handed out by supermarkets and other establishments dropped from the 2009 monthly average of 22.5 million to just 3 million in January 2010. While significantly reducing plastic waste, the tax simultaneously generated $150,000 in revenue, which will be used to clean up the Anacostia River. Smoking in Certain Public Places Outdoors. Enabling legislation should be enacted to authorize localities to regulate or prohibit smoking in defined areas outdoors, specifically in proximity to the entrance to public buildings, and in areas where children's programs or sports are being conducted. These are areas where citizens are exposed to tobacco smoke, and they often complain of it. Localities currently have no authority to regulate smoking in such areas. Vacant Building Registration. Section 15.2-1127, Code of Virginia, authorizes cities, by ordinance, to require the owners of buildings that have been vacant for a continuous period of twelve months or more to register such buildings on an annual basis, and to impose an annual registration fee not to exceed $25.00. This registration fee is inadequate, and should be increased to an amount "not to exceed $250.00." (Del. Ware introduced H. B. 363 in 2010; it was left in committee.) Requests related to law enforcement/domestic violence. Possession of Weapons by Felons. Sec. 18.2-308.2, Code of Virginia, prohibits convicted felons from carrying firearms, ammunition for firearms, stun weapons, explosive materials, and certain concealed weapons. The Police Department requests that this section be amended to also prohibit convicted felons from carrying "pneumatic guns," which is defined in Sec. 15.2- 915.4, Code of Virginia, as "any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure... [including] a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact." Use of Pneumatic Guns during Commission of a Felony. Sec. 18.2-53.1, Code of Virginia, makes it unlawful for a person to use "any pistol, shotgun, rifle, or other firearm or display such a weapon in a threatening manner" while committing or attempting to commit various felonies. The Police Department requests that this section be amended to include "pneumatic guns," which is defined in Sec. 15.2-915.4, Code of Virginia, as "any implement, designed as a gun, that will expel 7 a BB or a pellet by action of pneumatic pressure... [including] a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact." Penalties for Eluding Police and Disregarding Signals by Law Enforcement Officers. Sec. 46.2-817, Code of Virginia, establishes the penalties for disregarding signals by law enforcement officers, and eluding police. The Police Department requests that the penalties for these offenses be increased. It is suggested that the penalties be increased as follows: Sec. 46.2-817. A - makes it a Class 2 misdemeanor (up to six months jail time and a fine of up to $1,000, either or both) for an person "who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means'." It is requested that the penalty be a Class 1 misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not more than $2,500, either or both. Sec. 46.2-817.B - makes it a Class 6 felony (imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both) for any person "who having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger a person." It is requested that the penalty be a Class 5 felony, punishable by a term of imprisonment of not less than one year nor more than ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. The Department requests that the statute provide that if any person is killed as a result of a violation of this subsection, and it is a direct result of a pursuit, then it shall be classified as a homicide, The Police Department also requests that any vehicle used in the commission of a violation of subsection A or B be forfeited to the Commonwealth. Enjoining Drug Paraphernalia Merchants. Sec. 18.2-265.3, Code of Virginia, establishes criminal penalties for those who knowing sell drug paraphernalia knowing that it may be used for illegal purposes. The Police Department requests that this section be amended to authorize localities to seek injunctions to prohibit the continued operation of businesses which either knowingly or repeatedly violate this statute, and to prohibit certain identified individuals engaged in such sales from entering upon the premises where the sales take place. 8 Domestic Violence Offense. Legislation should be adopted establishing a requirement that prosecution of any domestic violence offense involving a knife or a gun be expedited. (Suggested by Roanoke Domestic Violence Task Force.) Definition of Prostitution. The definition of "prostitution" in Section 18.2-346, Code of Virginia, should be amended. To convict someone of prostitution, three elements of the crime must be established: an agreement to perform a sex act, an agreement to exchange money or its equivalent for such act, and then the performance of a, "substantial act" in furtherance of the crime. According to the Police Department, the "substantial" requirement makes it difficult to convict those guilty of prostitution. It is suggested that either this word be deleted, or replaced with the word "material." (Requested by Police Department.) In addition, language should be added further defining "prostitution", as follows: 918.2-346. Being a prostitute or prostitution. A. Any person who, for money or its equivalent, commits adultery, fornication, any physical act with the intent to sexually gratifY another, or any act in violation of 918.2-361, or offers to commit adultery, fornication, any physical act with the intent to sexually gratifY another, or any act in violation of 918.2- 361 and thereafter deesperforms any substantialmaterial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor. B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter deesperforms any substantialmaterial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor. Requests related to e:eneral e:overnment. Legal Advertising. The City and its citizens expend tens of thousands of dollars annually to publish legal ads in newspapers, as required by various State laws for various types of notices. State law should be changed to permit some of these notices to be given by the Internet or by radio or television, in order to reduce costs, or the required number of publications of such ads should be reduced. Examples from the Code of Virginia: Section 15.2-2204.A. Notice of all zoning text amendments and rezonings must be advertised twice before they are considered by the planning commission, then twice again before being considered by the governing body. Section 15.2-2606.A. Two ads must be published for all public hearings on bond issues. Section 15.2-3107. Two ads must be published before localities can agree on voluntary boundary line adjustments. 9 Section 15.2-107. Two ads must be published before zoning or subdivision fees, or sewer and water fees, can be imposed or raised. The City supports legislation such as H. B. 1935, introduced by Del. Ware in 2011, which would have permitted legal ads to be published on a locality' s World Wide Web site or advertised on radio or television. FOIA. An exemption should be added to Section 2.2-3711 of the Freedom of Information Act to permit governing bodies to discuss in closed meetings the granting of economic development incentives for projects which already have been announced publicly. Section 2.2-3711.5 of the Freedom of Information Act should allow public bodies to meet in closed session to deal with the possibility of the closing or relocation of a business. U. S. SAFE Act. The U.S. SAFE Act ("Act"), a response to the subprime mortgage lending crisis, requires all states to have a stringent licensing system in place for all persons who are "mortgage loan originators." Under the Act, "mortgage loan originators" are defined as persons who "take an application for or offer or negotiate the terms of a residential mortgage loan." These requirements are codified in Sections 6.2-1700 and 6.2-1701, Code of Virginia. Unfortunately, the licensing requirements encompass local government employees who sometimes are involved in offering deferred, no interest, housing assistance loans to citizens through HUD-funded housing assistance programs. Such loans clearly were not the impetus for the Act. Recently, the U. S. Department of Housing and Urban Development ("HUD") clarified that the Act does not apply to governmental employees who offer housing assistance loans outside of the commercial context. However, the Code of Virginia does not incorporate this clarification. Section 6.2-1700 should be amended to provide an exemption to the licensing requirement for local government employees who offer deferred, no interest housing assistance loans outside of the commercial context, consistent with HUD's recent clarification, by the addition of the following language which adds another category of individuals who are exempt from being considered "mortgage loan originators" "(x) any governmental agency, or individual employed by a government agency or housing finance agency, that offers or negotiates the terms of a housing assistance loan on behalf of such agency, whether or not such loan is secured by a deed of trust or other security instrument, if such loan is not offered in a commercial context for the purpose of obtaining profit for the agency or individual for which the individual acts, and where such loan is offered exclusively for public, charitable, or family purposes." Section 6.2-1701 should be amended by the addition of the following language "An individual that is an employee of a government agency, or housing finance agency, that offers or negotiates the terms of a housing assistance loan in accordance with their duties as an employee of such agency, shall not be required to obtain a mortgage loan originator license if the loan is negotiated or offered outside of a commercial context. For purposes of this section, the phrase 'outside of a commercial context' shall mean that the loan does not obtain a profit for such agency or individual." 10 SCHOOL BOARD LEGISLATIVE PRIORITIES City Council endorses the School Board Legislative Program, which follows: The Virginia High School League ("VHSL") currently determines student eligibility and what classification group a particular high school must compete, and bases its classification group designation solely on the size of the high school without regard for the natural regional rivals or the travel cost suffered by the school division. In this current economic environment school divisions throughout the Commonwealth of Virginia are forced to make tough budgetary choices regarding their academic and athletic programs; the cost for maintaining these public high school athletic programs continues to increase each year. Should a high school disagree with a determination made by the VHSL, that high school does not have the ability to appeal the VHSL's decision to an independent third party. For the foregoing reasons, the School Board for the City of Roanoke, Virginia, hereby requests that the General Assembly consider taking one of the following actions regarding the Virginia High School League and its affect on high school athletics and ultimately budgets of the school divisions who participate in high school athletics: 1. That the General Assembly establish a permanent oversight committee to review the operations of the Virginia High School League and to resolve any student athlete or school division appeals of Virginia High School League decisions that might be filed. I 2. That the General Assembly establish a study committee to review the effects of the Virginia High School League on the Commonwealth's student athletes, its public high school athletic programs and the budgets of the Commonwealth's school divisions. 11 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, MMC City Clerk October 18, 2011 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Budget Ordinance No. 39240-101711 to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2011-2012 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 17, 2011, and is in full force and effect upon its passage. Sincerely, Cecelia . Webb Assistant Deputy City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Sh~wver, Director of Finance Amelia Merchant, Director, Management and Budget \\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. No. 39240-101711. AN ORDINANCE to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2011-2012 School 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 2011-2012 School Grant Fund Appropriations be, and the same are hereby, amended and' reordained to read and provide as follows: Appropriations Instructional Coach Resource Teacher Data Coach/Manager Home-School Coordinator (PT) Teacher Assistants Supplemental Pay Stipends Retiree Health Credit Social Security Virginia Retirement System Health/Dental. Group Life Insurance Purchased SeNices Travel - Mileage Science Instructional Coaches Math Remediation Teacher Math Tutors Supplemental Pay Stipends Database Administrator . Retiree Health Credit Social Security Virginia Retirement System Health/Dental Group Life Insurance Purchased SeNices Travel- Mileage Materials and Supplies Computer Equipment Contracted SeNices Instructional and Recreational Supplies Revenues Federal Grant Receipts State Grant Receipts 302-110-0000-0340-157F-61100-41125-2-01 302-110-0000-0340-157F-61100-41121-2-01 302-110-0000-0340-157F-61100-41125-2-01 302-110-0000-0340-157F-61100-41125-2-01 302-110-0000-0340-157F-61100-41141-2-01 302-11 0-0000-0340-157F-611 00-41129-2-01 302-11 0-0000-0340-157E-611 00-42200-2-01 302-110-0000-0340-157F-61100-42201-2-01 302-11 0-0000-0340-157E-611 00-42202-2-01 302-11 0-0000-0340-157E-611 00-42204-2-01 302-110-0000-0340-157E-61100-42205-2-01 302-11 0-0000-0340-157F-611 00-43313-2-01 302-11 0-0000-0340-157F-6131 0-45551-2-01 302-110-0000-0400-157E-61100-41125-3-01 302-11 0-0000-0400-157E-611 00-41121-3-01 302-110-0000-0400-157E-61100-41121-3-01 302-11 0-0000-0400-157E-611 00-41129-3-01 302-110-0000-0400-157E-61100-41125-3-01 302-11 0-0000-0400-157E-611 00-42200-3-01 302.;11 0-0000-0400-157E-611 00-42201-3-01 302-11 0-0000-0400-157E-611 00-42202-3-01 302-11 0-0000-0400-157E-611 00-42204-3-01 302-11 0-0000-0400-157E-611 00-42205-3-01 302-11 0-0000-0400-157E-611 00-43313-3-01 302-110-0000-0400-157E-61310-45551-3-01 302-11 0-0000-0400-157E-611 00-46614-3-01 302-11 0-0000-0400-157E-681 00-48826-3-01 302-11 0-0000-0420-365F-611 00-43313-2-01 65,000 45,000 45,000 24,000 96,000 138,704 2,104 31,648 39,727 12,000 982 41,500 4,000 96,000 45,000 57,600 160,400 45,000 2,089 30,907 39,441 12,000 975 381,501 4,000 23,000 131,400 130 302-110-0000-0420-365F-61100-46614-2-01 .' 1,870 1,575,078 2,000 302-000-0000-0000-157F-00000-38377 -0-00 302-000-0000-0000-365F-00000-32712-0-00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. October 17, 2011 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 October 11, 2011, the Board respectfully requests City Council approve the following appropriations: New Appropriations Title I-A School Improvement 1003(g) 2011-12 Safe Routes to Schools Mini-Grant (Hurt Park) 2011-12 Total New Award $1,575,078 2,000 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~-tt.P~ Cindy ~ Poulton, Clerk pc: William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey Acquenatta Harris (w / details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson. Chairman Todd A. Putney Vice Chairman Mae G. Huff Annette Lewis Suzanne P. Moore Lori E. Vaught Richard Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council October 17, 2011 School Board Appropriation Request Background: As the resu It of official School Board action at its October 11th meeting, the Board respectfully requested that City Council appropriate funding as' outlined in this report. The 2011-12 Title I-A School Improvement 1003 (g) program grant of $1 ,575,078 provides funds to aid the division in its effort to increase student learning at low- performing schools. The program will help fund the opportunity for students to choose a higher-performing school as an alternative. School Improvement 1 003(g) funds are being made available to Lincoln Terrace Elementary School and William Fleming High School for year one of a three year period. Funding for year one of the program in the amount of $1,575,078 will be fully reimbursed by federal funds. The full program is for a three year period ending September 30, 2012. This is a continuing program. The 2011-12 Safe Routes to Schools Mini-Grant of $2,000 will be used by Hurt Park Elementary to provide bicycle helmets to students, to place a bike rack in front of the school, and to provide bicycle safety training from a professional bicycle trainer. This program will be fully reimbursed by state funds. This is a new program that will end November 5, 2011. Recommended Action: We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. AN~~_____ Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Cu rtis Baker, Deputy Su perintendent for Operations, RCPS oJ " Projects within the HIIH2 District 410 Day Avenue SW Renovation of Miller's Hill house from 5 apartment to single family home. Work consisted of restoration of original wooden windows, removal of entrance to 3 rd floor apartment from front porch elevation, addition of full-length rear deck with conversion of triple rear windows to French doors, new standing seam metal front porch roof, enclosure of rear upper porch stairs to create sleeping porch for master suite, exterior and interior painting, refinishing of interior hardwood floors, and full installation of new bathrooms and kitchen. AwardeelNominators: Kevin Crouch and Hank Cline of TaylorMade Construction and Development 32 Market Square SE The Roanoke City Market Building rehabilitation, which was originally prompted by the need for infrastructure improvements, used historic drawings and photographs to accomplish a sensitive renovation that restored the exterior to its.original appearance with a restored canopy, returned the market hall to an open space with materials reminiscent of the original market stalls, and made the 2nd floor auditorium space accessible and functional. Many of the features of the 1980s food market renovation, including neon signs, the mezzanine in the food hall, and vendor stalls were removed top create a more open interior space. Awardee: City of Roanoke Market Building Foundation, Inc. Nominator: Alison Blanton 908 Franklin Road SW This renovation project came about due to an unattended cigarette and subsequent full house fire in the fall of 2009. Renovation included the removal of a non-historic two story rear porch and the re-installation of the wavy cement siding on the exterior walls and reintroduction of double-hung hung windows in their former locations. New. architectural shingle roof and fascia reinstalled, new wooden double hung windows installed to replace the fire and water damaged originals, and a brand new period- appropriate paint scheme. Interior work consisted for a full gut and rehabilitation job. Awardees: David and Lana Tucker Nominator: Alison Blanton 611 Jefferson Street SE 611 Jefferson LLC, under the leadership of Ed Walker, recently completed the renovation of the 1925 Patrick Henry Hotel, a local landmark that is individually listed on the National Register. The 10-story Classical-Revival style hotel, designed by William Stoddard, played a major role in the history of Roanoke with many distinguished guests , and host to important events and gatherings over the years in its grand ballroom and dining room. After standing vacant for a number of years, the renovation has revitalized the famous landmark with the restoration of the lobby and ballroom, the establishment of new restaurants and offices in the commercial spaces and the conversion of the hotel rooms to 133 apartment units. The project, which was completed this past summer, cost approximately $25 million and has been certified by VDHR and the NPS as a certified historic rehabilitation project. Awardee: Ed Walker Cityscape LLC Nominator: Alison Blanton Proiects outside the HIIH2 Districts 309 Campbell Avenue SE Now known as Big Lick Junction, the property at 309 Campbell Ave SE has transformed a center city dead zone into a thriving incubator of culture and active living. Built in 1925, this three story warehouse a rail sidings on east and west sides of the building within extremely close proximity of the structure. A later fire destroyed the original 3rd story at which time workmen built a masonry parapet with truss roof system. This construction design created the opportunity to crate fourteen foot high vaulted ceilings with large steel casement windows. Today, the building houses 15 apartments, Community High School, a performance venue and artist studios and has created a aesthetically pleasing exterior functions to promote physical activity and successfully changed a walking hazard into a walkable link to further Roanoke's future as a healthy city. Awardee: Historic Partners LLC Nominator: Molly O'Dell 207 Bullitt Avenue SW Travelers along 1-581 will undoubtedly notice one of Roanoke City's now most visible buildings from the interstate - the 44,000 square-foot historic structure at 207 Bullitt Avenue, which was renovated to become the new expanded global headquarters for Meridium, the global leader in asset performance management software and consulting services. The century-old building originally served as a warehouse accessible to the rail line and was later the home of American Chemical Company and most recently a . furniture retail store. The 100-year-old building was returned to its original fayade with a few modern-day add-ons. Spectrum Design's renovation plans emphasized the importance of showing off the historic warehouse materials, wide plank wood floors, exposed brick walls, and heavy timber columns and beams, while introducing modern elements such as new glass and aluminum stair enclosures to counter the historic brick structure. In restoring the building, layers of paint were removed from the interior brick walls, exposing the original brick face. Paint was also removed from the heavy timber framing and wood deck ceiling. Large sliding panel doors were re-purposed into operable room dividers in some ... , of the team meeting rooms. New restrooms feature large porcelain tiles along the foor and wall surfaces and the sinks are colored concrete cast and polished in place. Awardee/Nominator: Bonz Hart 451 Arbutus Avenue SE Complete historic preservation rehabilitation of a single-family dwelling. Purchased from a bank out of foreclosure by John Garland and sold to his daughter and son-in-law, Anna and Matt Weaver. Rehabilitation included removing blue vinyl siding and returning to the original Dutch lap siding (that still existed behind the vinyl), restoration of original plaster and oak flooring, restoration of the original fi replace, restoration of pocket doors. and oak front door, new roof, guttering, insulation, plumbing, HV AC, electrical, complete new kitchen with laundry room, creation of master suite, new bathrooms, new storm windows, front stoop and sidewalk and landscaping. Awardee/Nominator: John Garland 1602 Salem Avenue SW and 1319 Salem Avenue SW As a member of the Roanoke Neighborhood Revitalization Partnership, Habitat for Humanity in the Roanoke Valley recently engaged in the complete renovation of two large substandard vacant homes in the Hurt Park neighborhood. These renovations have significantly contributed to the revitalization of the main corridor along the neighborhood and transformed once vacant and deteriorated structures into beautiful homes for Habitat homebuyers. The long term strength of the community will be aided by the increased homeownership rates and renovation of these once neglected structures. The first home renovation, 1602 Salem Avenue, resulted in Habitat staff and volunteers completely gutting and rebuilding this once boarded-up home in a manner reflecting the tOO-year character of the structure. Nearly 4,500 volunteer hours were committed to renovating this two-story five bedroom home, which was awarded EarthCraft . certification for its energy and resource-efficient design and construction. 1319 Salem Avenue, a long-neglected large home situated near the entrance to the Hurt Park neighborhood, was completely deconstructed and rebuilt by Habitat staff and volunteers. Nearly 4,200 volunteer hours went into renovating this two-story four bedroom structure that is now home to a family very excited to be a part of the Hurt Park neighborhood. This home was also awarded EarthCraft certification and is a beautiful addition to the neighborhood. A wardee/Nominator: Habitat for Humanity " , :::; I. i J , 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 ~ . ') 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, MMC City Clerk October. 18, 2011 CECELIA T. WEBB Assistant Deputy City Clerk Farren Webb F. W. Webb Properties, LLC P.O. Box 8053 Roanoke, Virginia 24014 Dear Mr. Webb: I am enclosing copy of Ordinance No. 39241-101711 permanently vacating, discontinuing and closing an approximately 11,296 square foot portion of right-of-way along Hillview Avenue, S. E., between the intersection of Moran and Hillview Avenues, and east to the City limit, adjoining Official Tax Nos. 4391304, 4391306, and 4400615. The ordinance further ordains that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court, the applicant shall file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. If the above conditions have not been met within one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 17, 2011, and is in full force and effect upon its passage. elia T. Webb Assistant Deputy City Clerk Enclosure Farren Webb October 18, 2011 Page 2 pc: Bahraum Daniel Daneshfar, 513 Moran Street, S. E, Roanoke, Virginia 240,14 Toby M. Webb, 3540 Hillview Avenue, S. E, Roanoke, Virginia 24014 Harry and Margaret Ray, 3665 HillviewAvenue, S. E., Roanoke, Virginia 24014 Helen Hancock, 1016 Estates Road, S. E, Roanoke, Virginia 24014 Jennie McGregor, 3116 Garden City Boulevard, S. E, Roanoke, Virginia 24014 Rena Cromer, 543 Day Avenue, S. W., Roanoke, Virginia 24016 Mr. Philip Thompson, Roanoke County Planner, County of Roanoke, P.O. Box 29800, Roanoke, Virginia 24018 Brenda Hamilton, Clerk of the Circuit Court Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Phil Schirmer, City Engineer Steven J. Tal,evi, Assistant City Attorney Rebecca Cockram, Secretary, City Planning Commission ;~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October ,2011. No. 39241-101711. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter. WHEREAS, F.W. Webb Properties, LLC filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 930-14, Code of, the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 17,2011, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which' hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing" City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: K:\measures\Ord-F.W. Webb Props-vacate portion of Hillview Ave with no money.doc 1 An approximately 11,296 square foot portion of right-of-way along Hillview Avenue, S.B., between the intersection of Moran Avenue and Hillview Avenue, and east to the City limit, adjoining Official Tax Nos. 4391304, 4391306 and 4400615. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipalinstallation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. K:\measures\Ord-F.W. Webb Props-vacate portion of Hill view Ave with no money. doc 2 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. .~ ity Clerk. K:\measures\Ord-F.W. Webb Props-vacate portion of Hillview Ave with no money.doc 3 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council October 17, 2011 Request from F. W. Webb Properties, LLC, to permanently vacate a portion of right-of-way along Hillview Avenue, S.E., between the intersection of Moran Avenue and Hillview Avenue, east to the City limit, adjoining Tax Nos. 4391304, 4391306 and 440061 5. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, September 15, 2011. By a vote of 6 - 0 (Mr. Futrell absent), the Commission recommended approval of the vacation request, with no charge to the applicant for conveyance of the land. Staff further recommends that the approval be subject to these conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate. easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as . Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Applicant Information: Request: Background Vacation of Hillview Avenue between Moran Avenue and the Cit limit line to the east F.W. Webb Properties, LLC Frederick Gusler, AICP 3514 Moran Street, S.E. 4391304,4391306,4400615 District structures July 2 9, 20 1 1 The applicant requests that a twenty foot wide right-of-way be permanently vacated and closed between the intersection of Moran Avenue and Hillview Avenue S.E. and the City limit to the east. Several accessory structures have been constructed that encroach into the subject right-of-way. The Zoning . Administrator has determined that certain structures can remain and some will need to be razed (see detailed discussion below). Vacation of this portion of Hillview Avenue will allow the applicant to maintain some of these structures. Considerations Section 30-14(5) of the Code of the City of Roanoke provides the following standard for consideration of street and alley vacation requests: "Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved." Vacation of the right-of-way will not prohibit or affect access to any other properties and will not change the current use of the property. Surroundinq Zoning and Land Use: 2 Zoning District Land Use North R-7, R-12, Residential Single-family Residential District South R-12, Residential Single-family District Residential East City limit Residential West R-7, Sinqle-family Residential District Residential Compliance with the Zoning Ordinance: Vacation of the portion of right-of-way will not impact the zoning map. Conformity with the Comprehensive Plan and Neighborhood Plan: The proposed vacation does not pose any conflicts with the future land use plans or transportation policies of the Garden City Neighborhood Plan or Vision 2001-2020, Roanoke's Comprehensive Plan. Public Utilities: Staff received comments from Verizon, Roanoke Gas and Appalachian Power Company. There were no objections to the proposed vacation. City Department Comments: The Zoning Administrator reviewed this site and advised the applicant of the following determinations: 1. The garage in the right-of-way and on tax map no. 4391304 is legally nonconforming and can remain. The shed on tax map number 4391304 exceeds the allowable size and would need to be removed. 2. The shed on tax map no. 4391306 is too large to be approved as an accessory structure to the dwelling under the current zoning ordinance. However, text amendments that are pending before City Council would allow the structure to be approvable, if adopted by City Council. The shed could remain if: 1) the text amendments are approved by City Council, and 2) frontage is provided on Blanton so that the shed is "behind" the dwelling. 3. If a dwelling is not constructed on the parcel, the carport needs to be removed on tax map no. 440061 5. Public Comments: None Planninq Commission Work Session: The Commission asked staff what the property is zoned and what development potential there is for the applicant. Staff advised that the property is zoned R-7 and R-12, both single-family residential districts. The development potential the applicant would gain with the vacation would decrease because of less street frontage resulting from the vacation. 3 Some Commission members were concerned about the loss of right-of-way for a future subdivision. Staff commented that the existing right-of-way does not meet current standards requiring a 50 foot width. More right-of-way would have to be dedicated if a street were to bel constructed in the right-of-way. The Commission also asked about current maintenance of the right-of-way; Staff advised the right-of-way is not maintained by the City. Planning Commission Public Hearing Discussion: There were no comments from the public, and no questions asked of staff or the applicant. ~~L~ Ange a Penn, Chair City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven j. Talevi, Assistant City Attorney Farren Webb, F. W. Webb Properties, L.L.c. Ben Crew, Balzer and Associates 4 (j,) Date:~ To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: See.. A"tT"Ac..~ tJtctUUmVE Proposed use of vacated street or alley: ~~\C>l;.J-.rT1A.L - ~ N~V'E. ~ 5 Hillview Avenue Right of Way Narrative: The purpose of this request is to permanently vacate a portion of Hillview Avenue between the intersection of Moran Avenue and Hillview Avenue to the Roanoke County line to the east. The proposed right of way vacation will allow the appropriate redevelopment of the paper street and surrounding property. The vacation of this right of way will also relieve the City of Roanoke from maintenance concerns associated with this section of right of way. The future use of the property will be residential in nature. Upon approval of the right of way vacation, the property will be subdivided per City of Roanoke Zoning Ordinance. See the attached attached concept plan titled 'Exhibit A' for additional information related to the right of way vacation request. Vicinity Map City of Roanoke, Virginia I'Lft...Nl'IE~~ .i~ft.911.1:1;lrc'I's. ",,(HN "I\RS-SIJltvitvO'K!; 13~ AN,D ~~.S,OGIATe:S. I,,!C, ..... .. R:EFCtCTINC: TbMORROW Adioining Property Owners: City of Roanoke Tax #: 4391304 Property Address: 3514 Moran Street S.E. Owner: F W Webb Properties LLC Mailing Address: P.O. Box 8368 Roanoke, VA 24014 Zoning: R-7 City of Roanoke Tax #: 4391306 Property Address: 1522 Hillview Avenue S.E. Owner: F W Webb Properties LLC Mailing Address: P.O. Box 8368 Roanoke, VA 24014 Zoning: R-12 City of Roanoke Tax #: 4400615 Property Address: 1502 Hillview Avenue S.E. Owner: F W Webb Properties LLC Mailing Address: P.O. Box 8368 Roanoke, VA 24014 Zoning: R-12 County of Roanoke Tax #: 079.03-06-18.00-0000 Property Address: 3540 Hillview Avenue Owner: Toby Webb Mailing Address: 3540 Hillview Avenue Roanoke, VA 24014 Zoning: R-1 Low Density Residential County of Roanoke Tax #: 079.03-06-17.00-0000 Property Address: 3565 Hillview Avenue Owner: Toby Webb Mailing Address: 3565 Hillview Avenue Roanoke, VA 24014 Zoning: R-1 Low Density Residential REFLECTING TOMORROW PORTION OF Hillview Avenue S.E. to be Vacated Commencing at a point on the southerly Right-of-Way line of Hillview Avenue, S.E., said point being the common corner between F.W. Webb Properties, LLC. Instrument #080003423 TM. #4400621 and F.W. Webb Properties, LLC. Instrument #090000191 TM. #4391306 (Lot 3A M.B. 1, Pgs. 3366- 3367); thence N84000'00"E, 43.60 feet to the true POINT OF BEGINNING of the portion of undeveloped Hillview Avenue, S.E. to be vacated; thence N13045'00"E, 21.25 feet to point on the easterly Right-of-Way line of Moran Street, S.E. and the southwesterly corner of F.W. Webb Properties, LLC. Instrument #090000191 TM. #4391304; thence along the northerly Right-of-Way line of undeveloped Hillview Avenue, S.E. and the southerly boundary of TM. #4391304 and F.W. Webb Properties, LLC. Instrument #080003423 TM. #4400615 (Lot 4A M.B. 1, Pgs. 2365-2366) S74056'00"E, 350.10 feet to a point and S60026'00''E, 215.47 feet to a point at the eastern terminus of undeveloped Hillview Avenue, S.E.; thence along the eastern terminus of undeveloped Hillview Avenue, S.E. S18041'55'W, 20.37 feet to a point on the southerly Right-of-Way line of undeveloped Hillview Avenue, S.E., said point being the northwesterly corner of Toby M. Webb D.B. 1413, PG. 278 (Rke. Co.)T.M. #079.03-06-18.00 (Rke. Co.) and the northeasterly corner of Lot 3A M.B. 1, Pgs. 3366-3367; thence along the southerly Right-of-Way line of undeveloped Hillview Avenue, S.E. and the northerly boundary of Lot 3A N60026'00'W, 216.77 feet to a point, N74056'00'W, 343.84 feet to a point and S84000'00'W, 3.46 feet to the POINT OF BEGINNING of the portion of undeveloped Hillview Avenue, S.E. to be vacated, containing 11,296 square feet (0.259 AC.) and being located in the City of Roanoke, Virginia. PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS ROANOKE" RICHMOND" NEW RIVER VALLEY" SHENANDOAH VALLEY 1208 Corporate Circle. Roanoke, Virginia 24018. (540) 772-9580. FAX (540) 772-8050 wvvw.balzer.cc ~~I! , II.!!. . F ! i (ul Illinll',III!1 H H I I!!l, ! ~ · III I d.! ~ p::::jl . 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Clio..: 'lie:) I , /g-- I~ ~~~ ~U! h~ I~ III I~ ~ Ii I I;~ ~~~ ~.~~ ~... ::i ~~o.; .; \'t~';.." v\t '" '''' '---------- _...... _ _... .-e'_I'I,,!!.o~--:.... -......- ~~~ ~d~ ~~~ i I \ ,- -~- ~~;; S;~ti~ :e:~..., ~~:;i 4illjh: r ~ ~ 'I, ,- t;~ ~~~~ (j"'::,: .." "'" The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+----------~-~---------~- Notary Public NOTICE OF PUBLIC HEARING. The Council of the City of I Roanoke will hold a public hearing on Monday, October 17,2011, at 7:00 p,m" or as soon thereafter as the. matter may be heard, in the 'I Council Chamber, fourth floor, in the Noel C, Taylor "',. _._.~-- ----,- Municipal Building, 215- 'Church Avenue, S'W.'I Roanoke, Virginia, to , consider the following: Request from FW, webbl .Properties, LLC, to permanently vacate a, 'portion of a right.of-way\. . along Hillview Avenue, S,E., ,between the intersection of ,Moran Avenue and Hillview :Avenue, east to the City, .Iimit, adjoining :rax Nos.,. .4391304, 4391306 and .4400615. A copy of the application ,is available for review in the Office of the Cify Clerk, Room 456, NoelC. Taylor ,Municipal Building, 215 iChurch Avenue, S.W., 'Roanoke, Virginia. . i All parties in interest and citizens may appe:ar on the above date and be 'heard on .the matter, If 1O;\i are a 'person with a dis~.Jjility who ,needs accommodations for hhis hearing, please' contact 'the City Clerk's Wfice, at '853-2541; before.."oon on the Thursday befiire the idate of the heari~g listed above, GIVEN undermYhand this ,29th day of September, : 2011. . Stephanie M, Moon, MMC City Clerk, F. W. WEBB PROPERTIES, F. W. WEBB PROPERTIES, P. O. BOX 8053 ROANOKE VA 24014 L.L.C. L.L.C. REFERENCE: 88001252 12809079 Notice of Public Hea State of Virginia City of Roanoke I, (the unders igned) an authori zed representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~day of OCTOBER 2011. Witness my hand and official seal. f (12809079) I PUBLISHED ON: ~",.,"UH111 \0>'10 , I, ...... p.LA'r4t '" ",,,,~ ^~ ....... '-<IA. ", ....~iY.... ",o.i '..:V -:. .. . ."trt11"'" . , .. ''f'''v G . , : :' "u0\] 9'30 ". ~ :. : tr1 . 4J;1Q9G . - :: : ,\,>'f:.G., ~w.\SS\Cl~ =:=: = -; ...... ~ c~o ?\T\'t;S ~.: tff : ~ . '. \I' . (2:: ~ -:.Gb, '" ..' ~ .... .., ~A ......... \j\ .... '11 'Y/ONWE~\..\" ,,' '1, /"I \\' 11111111\\\ --------------------------------------------------+------------------------ 10/06 10/12 TOTAL COST: FILED ON: 174.72 10/13/11 - n '1' -\ ,.,rAj\:,) },\., '. ,I'-{\\.;<N- _ \.(:,,\!-t7 \ 1-'-'- ( \_ '; (.}'J'A li I Billing Services R~presentative .. I~, ".~ 0-5' \1\ ~ \\~\ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, October 17,2011, 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 F. W. Webb Properties, LLC; to permanently vacate a portion of a right-of-way along Hillview Avenue, S.E., between the intersection of Moran Avenue and Hillview Avenue, east to the City limit, adjoining Tax Nos. 4391304, 4391306 and 4400615. A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 2.9..:tWay of ~pp'tember ,2011. Stephanie M. Moon, MMC City Clerk. K,\public hearing notices\F.W. Webb,doc Notice to Publisher: Publish in the Roanoke Times on Thursday, October 6 and Wednesday, October 12, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Farren Webb F. W. Webb Properties, LLC P.O. Box 8053 Roanoke, Virginia 24014 (540) 537-6426 farrenwebb @cox.net K:\Notices\2011\October\NPH-F,W, Webb.doc RIGHT-OF-WAY CLOSURE REQUEST AFFDAVIT Request from F. W. Webb Properties, LLC to permanently vacate a portion of right-of-way along Hillview Avenue, S.E. between the intersection of Moran Avenue and Hillview Avenue east to the City limit, immediately south of Tax Nos. 4391304 and 4391306. COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Rebecca Cockram, 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 22nd day of August, 2011, notices of a public hearing to be held on the 15th day of September, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner and Mailinq Address 4391010 Bahraum DanielDaneshfar 513 Moran ST NE Roanoke, VA 24014 4391011 4391304 4391306 4400615 F W Webb Properties LLC P Box 8368 Roanoke, VA 24014 079.03-06-18.00-0000 Toby M. Webb 3540 Hillview Ave. Roanoke, VA 24014 079.03-06-17.00-0000 Harry and Margaret Ray 3665 Hillview Ave. Roanoke, VA 24014 Also Notified: Helen Hancock, President 1016 Estates Road, SE Roanoke, VA 24014 Jennie McGregor 3116 Garden City Blvd., SE Roanoke, VA 24014 Rena Cromer 543 Day Avenue SW Roanoke, VA 24016 Mr. Philip Thompson County Planner Cou nty of Roanoke P. O. Box 29800 Roanoke, VA 24018 -~-~~~ Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of August, 2011. c2d0L--g~--~ Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia . ~eg. #282076 M CommIssIon Ex ires 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, MMC City Clerk October 7, 2011 Farren Webb F. W. Webb Properties, LLC P.O. Box 8053 Roanoke, Virginia 24014 Dear Mr. Webb: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk 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, October 17, 2011, 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 F. W. Webb Properties, LLC, to permanently vacate a portion ot a right-ot- way along Hillview Avenue, S. E., between the intersection ot Moran Avenue and Hillview Avenue, east to the City limit. 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 October 17th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, 4-/-;--P-,~ 4 ,~_ > f)~'n.~&.J Stephanie M. Moon, MMC >', City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk October 7, 2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners 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, October 17, 2011, 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 F. W. Webb Properties, LLC, to permanently vacate a portion of a right-of- way along Hillview Avenue, S. E., between the intersection of Moran Avenue and Hillview Avenue, east to the City limit. 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, ~n~~~~ 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 August 1,2011 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on July 29, 2011, trom F. W. Webb Properties, LLC, requesting to permanently vacate a portion of Hillview Avenue between the intersection of Moran Avenue to the Roanoke County Line to the east. Sincerely, ~Yh. h1.D~ Stephanie M. Moon, MM~ C City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Farren Webb, F. W. Properties, LLC, P. O. Box 8053, Roanoke, Virginia 24014 Susan S. Lower, Director, Real Estate Valuation PhilipC. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of October, 2011. " No. 39242~101711. A RESOLUTION approvmg the Roanoke Valley Alleghany Regional Commission (RV ARC) Regional Water Supply Plan. WHEREAS, Virginia State Water Control Board Regulation 9 V AC 25-780, Local and Regional Water Supply Planning, requires all localities in the Commonwealth of Virginia to prepare ( and submit a water supply plan to the Department of Environmental Quality (DEQ); WHEREAS, the City 'of Roanoke is a participant in the RV ARC Regional Water Supply Planning Group which has prepared a proposed Regional Water Supply Plan; I WHEREAS, on October 17,2011, the City of Roanoke held a public hearing to accept public comment on the proposed Regional Water Supply Plan; and WHEREAS, the Regional Water Supply Plan will be submitted to the DEQ on or before November 2, 2011. NOW, THEREFORE BElT RESOLVED that the Council of the City of Roanoke that it hereby: 1. Adopts the RV ARC Regional Water Supply Plan as it pertain~' to the City of Roanoke. Approval and adoption of this regional plan indicates support for and general agreement with the regional planning approl:lch, but does not indicate approval or disapproval of the conclusions and recommendations presented in the plan as they pertain to other localities. The City reserves the right to comment on specific water supply alternatives in the future even though such alternatives K:\MEASURESIREGIONAL WATER SUPPLY PLAN 2011.DOC may be recomm:ended in this adopted plan. The City will not be limited to specific water supply alternatives in this adopted plan and reserves the right to recommend additional alternatives for consideration in the future. 2. Intends that the Regional Water Supply Plan shall be revised to reflect changes in relevant data at least once every five years and that it be resubmitted to DEQ every ten years in accordance with regulations and sound planning practice. 3. Authorize the City Manager to execute on behalf of the City all documents, as may be necessary, related to the submission of the Regional Water Supply Plan; such documents to be approved as to form by the City Attorney. 1& ) K:\MEASURESIREGlONAL WATER SUPPLY PLAN 201 1 ,DOC CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council October 17, 2011 Roanoke Valley Alleghany Regional Commission Water Supply Plan Background: The drought of 1999-2002 spurred the development of state regulations in 2005 (9 VAC 25-780) that require all local governments to develop and adopt local or regional water plans. By Resolution No 37723-040207, City Council approved joining with the counties of Bedford, Botetourt, Franklin, and Roanoke; the cities of Bedford and Salem; and the towns of Boones Mill, Buchanan, Fincastle, Rocky Mount, Troutville, and Vinton in a regional approach to meeting these requirements. The Virginia Department of Environmental Quality provided grant funds to offset the planning costs, and the Roanoke Valley Alleghany Regional Commission was designated to apply for the grant and manage the planning process in compliance with state mandates. The Regional Commission contracted with Draper Aden Associates to develop a plan for this region. Local governments participating in the regional water supply plan have until November 2, 2011, to hold a public hearing and take official action to. adopt the plan. The plan must be reviewed every 5 years and resubmitted to the Virginia Department of Environmental Quality every 10 years. Considerations: The Roanoke Valley Alleghany Regional Commission Water Supply Plan complies with the State regulations. It addresses existing water sources, water use and water resource conditions, projected water demand, water conservation, drought response and contingency plans, and evaluation of waters up ply source alternatives for projected deficits though a 50 year planning period (2060). Roanoke and. Roanoke County are served by the Western Virginia Water Authority, which currently has a surplus of 21 .00 million gallons per day, which is adequate until 2056. The plan identifies potential alternatives to meet future water supply demand as augmentation of the Carv,ins Cove Reservoir with additional intakes on Smith Mountain Lake or the "Roanoke, James or New Rivers. The Western Virginia Water Authority (WVWA) owns and operates the public water systems in the City of Roanoke. In the event of the onset of drought conditions, the WVWA notifies the City of pending actions and has the authority to enforce and carry out the drought monitoring, response, and enforcement required by the state. The three drought stages are drought watch, drought warning, and drought emergency, and are determined by the WVWA. The responses progress from public outreach to inform the general population of the potential, for drought conditions to intensify, and potential water conservation activities that may be utilized; to requests for voluntary water conservation actions; to the imposition of mandatory water restrictions. The mandatory emergency stage provisions will be enforced through civil penalties I and potential service termination administered by the WVWA, which was granted this authority by Resolution No 36608-012004, which created the WVWA, and by state enabling legislation. The resolution adopting the plan and Resolution No 36608-012004 will become part of the formal submittal of the water supply plan to the State Water Control Board. While the Plan is regional, the City of Roanoke is only adopting the components of the plan that apply speCifically to the City. Approval and adoption of this regional plan indicates support for and general agreement with the regional planning approach, but does not indicate approval or disapproval of conclusions and recommendations presented in the plan as they pertain to other localities. The City reserves the right to comment on specific water supply alternatives in the future, even though such alternatives may be recommended in this adopted plan. The City will not be limited to the specific water supply alternatives in this, adopted plan and reserves the right to recommend additional alternatives for consideration in the future. Recommended Action: Adopt a resolution adopting the Roanoke Valley Alleghany Commission Water Supply Plan, and authorize the City Manager to execute on behalf of the City all documents related to the submission of such plan, all such documents to be approved as to form by the City Attorney. Chris pher P. Morrill City Manager Distribution: Council Appointed Officers , R. Brian Townsend, Assistant City Manager for Community Development Gary Robertson, WVWA Executive Director Water Services Tom Carr, Director of Planning, Building and Development 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+----~------------------- CITY OF ROANOKE, PLANNING, BLDG., 215 CHURCH 166 ROANOKE VA 24011 PDV DEV REFERENCE: 80076514 12809910 NPH-Water Plan Revis State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~~a. Sworn and subscribed before me this __Jb___day of OCTOBER 2011. Witness my hand and official seal. ~ Notary Public \11'111111" \\ LAY 'I ", f>- Iv!. '" ,,^..J.. ...... ~A.'I .....;;;;.v.... ?-'{ "':v " : ~ ."~O\~ ,0 ". i' ~ = ~ : '{J\SP\;. gog?'O ". -= - CO : :!f10 ~G~: <C.- = : ,?-'2.0. ~~\SS : ;Z:': ;. it.... ~ C;~\?-t,. l.: <5 ~ -:. /)'. ~.' f!: ~ , <"(?-'. . -"'.. " ~ ........... \::J'-<- ," "" '4tONWE~\..\y.., "" 11""11 ;,,1'\\\ PUBLISHED ON: 10/10 TOTAL COST: FILED ON: 168.48 10/13/11 --- NonCE OF PUBLIC . HEARING Notice Is hereby given that the City Council of the City of Roanoke will hold a' public hearing at its regular meeting to be held on October 17, 2011, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel ~. Taylor Municipal Building, 215 Church Avenue, S,W., Roanoke, Virginia on the' I, q~estion of ad~ptlon oi~ Regional Wat~r Supply Plan, which incl,udes Information of eXisting water sources, resources, uses,' and demands, ~ater conservation practices, projected water needs, and drought response and contingency plans, A copy I ;of the proposed Plan Is available for p~bllc Inspection In. the Office of "the Cliy Clerk, Room, ~56, I'Noel C, Taylor MUniCipal \ Building, 215 Church OAvenue, S,W" Roanoke, Y Virginia, ,.~ Citizens shall have the "opportunity to be heard and , B. express their opinions on j'this matter, \ If you are a person with a 'disability who needs ,I accommodations for thiS ~ public hearing, contact the f.C It Y C Ie r k' s Offi c e ,. b 853-2541, by 12:00 noon ~ on Thursday, October 13, s 2011, , e GIVEN under my hand,thls . ~ 4th day of gctober, 2011, ~. Stephanie Moon, CIty Clerk ~ . ; (12809910) " . - ~ .:....- --------------------------------------------------+-----~------------------ '3E::E:NJd r r l)J n l :H;~3l:1 ,UD Authorized v---: 'Ii 7l1rLA/J IA/l J .~. . Signature'_~~lr----[~~~' Billing Services Representative \fJ \k ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on October 17, 2011, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of a Regional Water Supply Plan, which includes information of existing water sources, resources, uses, and demands, water conservation practices, projected water needs, and drought response and contingency plans. A copy of the proposed Plan is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens shall have the opportunity to be heard and express their opinions on this matter. 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, October 13,2011. GIVEN under my hand this A.th day of OC'!t-nhPT ,2011. Stephanie Moon, City Clerk Please run once October 10th . Document3 Notice to Publisher: Publish once in the Roanoke Times on Monday, October 10, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Tom Carr, Director Department of Planning and Building Development 215 Church Avenue, S. W., Room 166 Roanoke, Virginia 24011 (540) 853-1730 K:\Notices\2011\October\NPH-W ATER PLAN-REVISED,doc ;0 TO: City Council /"7 City Resident: Elizabeth Raines ~ November 17,2011 '\ FROM: ~~ 5"tf'() - ':);2 r-~ ~Jf3 DATE: SUBJECT: 'Unpaid debts November 2010 Bankruptcy discharge October 2011 Bank has not foreclosed on property Garnishment started -city real estate taxes and maintenance fees Hazardous insurance coverage expenses continue Further, I recently wrote to President Obama about my concerns for the nation based on my life experiences: Prayer in school Laid off from teaching Alcoholic husbands Abortion Shelters Church Breadlines Homeless Elderly Invalids College Students Daycare Students Desperate people /helping desperate people Licenses /qualifications Quick loans Quick Auto Loan Social Security Disability Medicare Independence Abuses Free music lessons Copyrights Purchase 3 houses Unemployment Retroactive laws Excessive charges Bankruptcy Prayer in court College Honor student Champion Student loans Child support Fear War I Millions jobless Quit job Quick loans Home business Public housing Fresh start Dr. King Jr. Family deteriorating Pakistan Education Value in life Courage Family employment Accomplishments Children Grandchildren President Congress Wall Street Protestors Rebuild Repentance Concert of hope God # 1 America, "What must I do to be saved?" There are stones of memorial, a path that has been laid through history, but the way has become cloudy. What is the right step? What is the wrong step? Did I miss some steps? . . . some were inevitable steps ... required steps... begin again steps... hopeful steps... easy steps...what...what to do? What a challenge! (1992) I was laid off from teaching at Stewartsville Elementary School... surely it seemed the right thing to do... pray over the public address system: after all it was National Prayer Day. Mom is dissatisfied with my choices after all her efforts. I do admire her 30 years of teaching 4th grade and always taking us to church, playing the piano-although no one seemed to have time. (1990s) What a challenge it has been, having two alcoholic husbands, but, it has been rewarding to hear their words prior to their deaths: "God is a merciful God." I cannot regain what I have lost through abortion: my waiting for the perfect time. Once, I thought I heard God say, "The best men are in the church: which one do you want?"-I still have hope. I have experienced breadlines, homeless shelters, and mingled with various people. Thank the Lord I was able to secure a loan quickly after losing my job. I have studied the Bible and music and even obtained my commercial driver's license (CDL) when the church needed a bus driver for the daycare center. I have helped the pastor's daughter get back on track with her college papers. An elderly lady who takes care of her invalid sister has offered me a place to stay- desperate people helping desperate people. A young friend from the shelter, who has no family, has made lasting friendship with this lady and continues boarding at her home (2011). He is an artist, though unknown. He wanted to purchase my vehicle, but totaled it-I couldn't pay for it anyway. (1994) ~?~l~,~~, I went and purchased a new vehicle based on previous good credit. (1995) Now I live in a single occupant residence (SRO) and soon will receive social security disability, the psychologists think I am overly religious with fasting and prayer. I went to the social security office to tell them to take back the checks because I did not take the medicine. They said I would need the disability checks and would not consider , this option. I soon realized that Medicare would not pay for even my yearly health check-up and I dropped it-God sustains me. I learned daily aerobic stretches when my coworkers and I, in 1982, ran to the classes at 5 :00 pm near our employment ~a.!l.g I continue this daily self-discipline trying to be independent in my life style. "----, Some would say that I am abusing the social security system but I would not: the S 1 0 truck purchased new in 1994 is the same vehicle I now drive (2011) to teach free music lessons ~ at public libraries and public housing to over 300 students. -=- Try telling my students that my life has.I22! been worth while: they are so glad that I took the time to learn music and to teach them how to play guitar and piano. I have copyrights on guitar and keyboard instruction books and videos developed. My husband of 11 years has helped me with website and music instruction: I taught him to play guitar and piano and now he teaches me. October 2007, after purchasing 2 more houses just in February, my husband lost his 5 year managerial employment due to company buyout. (1999) I had encouraged my to be husband, a Navy man of 14 years, to use his G.!. bill to attend college because I had been raised to think that it was possible in America for anyone to turn their life around and succeed-plus he had to pay his 3 children support. I was unaware of laws that would become retroactive affecting even those with misdemeanor crimes to be turned to violent category and placing them on the internet- already, seemingly excessive charges for humble men to endure. I will not frighten my husband with this nonsense: I have raised him to be a champion and sent him off to war. A 5 year honor student and proven success: he is now banned from the university grounds-l st entrance application, no questions, but the 2nd application questions were asked. My husband, and millions of others jobless, no employment opportunities, no way to pay back thousands in student loans, no way to pay 3 house loans, and no way to make life worthwhile. November 2007, the fact that I have a commercial driver's license, helped me obtain employment and continue on until July 2008 when I, hopelessly, quit my job because "plan A" did not work. I went to the bank securing 2 personal loans based on my good credit. I paid the $420 required for start up home business approval-city board regulations say only 1 student per visit to my house: also very little progress has been made toward my internet endeavors. . Desperate to find a way, I began going door-to-door at public housing giving away free music lessons. . Now everything that has been attempted, though unfinished, I view as success. I have a voice, I have put forth effort, I have made a difference in other people's lives, and my efforts have been and will be rewarded by God. I count it victory that I was able to raise my hands in silent prayer in the bankruptcy court-it's not about the houses, it's a question of character. Why did we purchase the houses in the first place? Because I thought maybe we might be able to help someone who needed a fresh start find value in life. I recall Dr. Martin Luther King Jr. and civil rights activists, in the 60s, who marched in hopes of a better life. I~ollJ~'t h"e.lp'_,_~~t,,!lQ!!~e student musicians and singers that integrated to our schools to carry on that dream. Recently, I have visited Burundi African refugees, Haitians, Hispanics, and Americans in their homes and churches: these people and others, as well, are attempting to teach their children music and carry on their dreams, but, I see signs of family infrastructure deteriorating due to precious priorities forced to compete against economic pressures. Families we must tilt the balance scales in our favor. We will set our regulations high and welcome others to join us. One fact I find interesting: The "lone lady missionary" from our local church was holding religious services spreading the gospel of Jesus Christ in Pakistan: As many as 3,000 and 4,000 people came undercover in bus loads nightly: the same week that Osama bin Laden was killed. God works in mysterious ways. America has had an obvious need to retaliate against terrorism but are we as quick to educate on the home front. America, deep in your heart there is something that you have always wanted to do but never found the time or courage to step on the path and leave stones of memorial for the next generation to follow-now is the time. Ultimately it will be the American hard workers, all in faith, who will "do the right thing" and "get the job" done. My husband, though under employed, did obtain employment at my brother's store. I am thankful for family, although there has been a lot of family bickering back and forth. I sat down to take account of our family's many accomplishments: teachers, nurses, realtors, business owners, mechanics, contractors, properties owned and profits made. I decided that I would like to give something back to the family: perhaps to the youngest members. They are eager to learn and I will give time and patience until they do learn. Surely, I can successfully teach what I have learned and I will find a way-an investment worth trillions! President Barack Obama, I remember the army of voters that lined up behind you in 2008 ready and willing to go to war on distant shores or on the home front against anyone that would hinder our growth and success as a nation now and for the next generation. Perhaps you are here at this time for this purpose. You have told us there is work to be done and I am next in line to freely volunteer whatever the job--the money will be there! Some people will choose to go back home but some will choose to stay: whatever the number, few will be many with God. Some people just have to see proof-maybe they will join us later. You have given us the right words but some of us have forgotten the definitions in spite of our advanced technology. God has put you here as our Commander and we accept our duty and responsibility to our nation. Some of us need to sit down and tape record our reading until we are able to comprehend. The history books, the Bible, the old hymn books, and each life lived all have hidden treasure that, seemingly, only a few discover this gold. We are not playing the lottery here where all people pay for only a few to win. America is the winning prize and all will win or all will lose. We will never get our schools built in the direction we are going because God is not in it. Let us read about God, who came to the earth in the form of Jesus and died on the cross so that we might have life and more abundant life. Commander what is your decision? Do we stand still or do we move? We accept this challenge? My children are crying in the market place: I weep for my children. I will put them to work--one bridge at a time--one house at a time-one dollar at a time. They will volunteer to work and I will feed them: the money will be there-it must be! My children will breathe and give birth. God help my children: forgive my sins! It is simple "arithmetic." The lack of balance in society, in family, in individual-all add to the imbalance in the nation, in the world, and in the environment-how we interrelate and connect with each other and how our spirit connects with God. We need each other. Our relationship with each other and with God can be seen in the study of music: circle of fifths: C G D A E B F C. In the F scale-F is the #1 note in the scale and C is the #5 note in the scale-FGABC. Playing in the direction to the right, the distance from F to C is 5 placeholders or intervals: however, playing to the left the distance from F to C is interval 4 or four placeholders--FEDC. All other scales that surround the F scale (FC intervals) add to the balance and create music harmony. If you have a 5 interval on one side to the right then you have a 4 interval on the other side to the left: or a 4 to the right then a 5 interval to the left. If you have a 6 interval to the right then you have a 3 interval to the left or a 3 interval to the right then a 6 interval to the left. What notes to play with what notes-A Concert of Hope! If you playa #1 note you can play any note to the right in combination with the 1 note but it must be resolved by playing another 1 note or a 5 note in the end. If you play notes to the left in combination with the 1 note this too must be resolved with another 1 or 5 note in the end. If you play the 1 note and to the left you play the 6 note in combination, then you must play more notes one direction or the other until this note is resolved: the same with any other notes: only 1 and (8) notes, or (1 and 3) notes or (1 and 5) notes resolve the scale. FGABC or 12345 connects with CBAGF or 54321; and can be played simultaneously: also FGABC or 12345 connects with ABCDE or 34567 and can be played simultaneously, but the 1 or (8) note must be played with another 1 or 3 or 5 note in the end. The balance in the scale comes from the #1 note-the same with God #1. God Bless America! We will stay calm. We will not be afraid. [Zacchaeus gave back all the 'bailout' he had taken...] Luke 19:1-10 KJV [[Nineveh, that great city, repented after hearing the preaching of Jonah.] Jonah 3 KJV ~4 V ' ..c-~ ~ COMMITTEE V ACANCIES/REAPPOINTMENTS October 17, 2011 VACANCIES: Five-year term of office to replace Robert P. Wingfield ending September 30, 2016; and unexpired term of office of Peter Clapsaddle ending September 30, 2013, as members of the Local Board of Building Code Appeals. (Held in abeyance) Three-year terms of office to replace Joseph F. Miller, William D. Poe and Diana B. Shepherd as members of the Board of Zoning Appeals ending December 31,2014. Unexpired term of office on the Roanoke Arts Commission created by the resignation of Taliaferro Logan ending June 30, 2014. Four-year term of office to replace Laurence Levy as a City representative of the Roanoke Valley Resource Authority ending December 31, 2015. Three-year term of office to replace Victoria Cox as a member of the Human Services Advisory Board ending November 30, 2014. Three year terms of office to replace Thomas W. Ruff (citizen at large) and Greg Spangler (towing enforcement) as members of the Towing Advisory Board ending October 31 , 2014. Criteria require a citizen at large and a towing enforcement representative.