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HomeMy WebLinkAboutCouncil Actions 09-04-12(01
ROANOKE CITY COUNCIL
ROANOKE ARTS COMMISSION
SEPTEMBER 4, 2012
9:00 A.M.
CITY COUNCIL CHAMBER
ROOM 450
AGENDA
Call to Order -- Roll Call.
Trinkle
39486- 090412
City Council. Council Member Lea arrived late. (9:05 a.m.)
• Roanoke Arts Commission. All Members present except for
Commissioners Wade and McKeon.
NOTICE
This morning meetings and briefings will be televised live and replayed on RVTV
Channel 3 on Thursday, September 6 immediately following the 2:00 p.m. session at
7:00 p.m.; and Saturday, September 8 at 4:00 p.m. Council Meetings are offered with
closed captioning for the hearing impaired.
2. Welcome and Opening Remarks.
• Mayor David A. Bowers
• Chairman Amy Moorefield
3. Items for Discussion:
• Overview of 2011 - 2012 Arts Commission Accomplishments
Arts and Cultural Plan Implementation: Research for Sustainable
Funding of Arts Organizations
• State Code Provisions of Artists as Contractors
Arts Commission Work Plan for 2012 - 2013
• Art Sustainability Taskforce (Council Member Trinkle)
• Public Art in Residential Neighborhoods (Mayor Bowers)
4. Comments by Council /Commission Members.
5. Recess /Adjourn.
There being no further business, Chairman Moorefield adjourned the Commission
meeting at 10:06 a.m.
There being no further business, Mayor Bowers declared the Council meeting in
recess at 10:06 a.m.
At 11:57 a.m., reconvened for briefings.
A communication from Mayor David A. Bowers requesting that Council convene in a
Closed Meeting to discuss vacancies on certain authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia
(1950), as amended. A list of current vacancies is included with the agenda for this
meeting.
(7-0)
A communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss the disposition of publicly -owned property, located at 250 Reserve
Avenue (former Naval Reserve Building) where discussion in a 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.
(7-0)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION /CLARIFICATION AND ADDITIONS /DELETIONS TO THE 2:00 P.M.
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE.
BRIEFINGS:
• Elections/ Consideration of moving local 30 minutes
elections from May to November
• Zoning Ordinance Amendments 30 minutes
At 1:28 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., for
a Closed Meeting.
ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 4, 2012
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call t0 Order - -Roll Call. Council Member Price arrived late. (2:02 p.m.)
The Invocation was delivered by The Reverend Timothy Harvey, Pastor,
Central Church of the Brethren.
The Mayor recognized Reverend Harvey with a star paperweight.
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, September 6 at 7:00 p.m., and Saturday, September 8 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.
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, CLICK ON THE GOVERNMENT
ICON.
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:
ARCHITECTURAL REVIEW BOARD - ONE VACANCY
ECONOMIC DEVELOPMENT AUTHORITY - ONE VACANCY
FAIR HOUSING BOARD - ONE VACANCY
HUMAN SERVICES ADVISORY BOARD -TWO VACANCIES
MILL MOUNTAIN ADVISORY BOARD - FOUR VACANCIES (ONE ZOO
REPRESENTATIVE)
ROANOKE CIVIC CENTER COMMISSION - THREE VACANCIES
ROANOKE NEIGHBORHOOD ADVOCATES -TWO VACANCIES
ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ONE
VACANCY (CITIZEN AT LARGE REPRESENTATIVE)
THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE
2012 CITIZEN OF THE YEAR. TO OBTAIN A NOMINATION FORM, CONTACT
THE CITY CLERK'S OFFICE OR ACCESS THE FORM ON THE CITY
CLERK'S WEBPAGE AT WWW.ROANOKEVA.GOV /CITYCLERK. DEADLINE
FOR RECEIPT OF NOMINATIONS IS WEDNESDAY, SEPTEMBER 26, 2012.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
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.
Larry Black and Arthur Light.
4. CONSENT AGENDA
(APPROVED 7 -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 Monday, July 2, 2012;
Monday, July 16, 2012; and Monday, August 6, 2012.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C -2 A communication from the City Manager requesting that Council schedule
a public hearing for Monday, September 17, 2012, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider the lease renewal of space to
Hertz Corporation to operate an automobile rental establishment at 5550
Precision Circle, N. W.
RECOMMENDED ACTION: Concurred in the request.
C -3 Reports of qualification of the following individuals:
Carolyn Barrett as a member of the Personnel and Employment
Practices Commission to fill the unexpired term of Leticia Smith
ending June 30, 2014;
Jeffry Parkhill for a one -year term of office ending June 30, 2013,
Cynthia Fendley and William Holland for two -year terms of office
ending June 30, 2014 as members of the Building and Fire Code
Board of Appeals;
Council Member Raphael E. Ferris as an Elected Official
representative of the Roanoke Valley - Alleghany Regional
Commission for a three -year term of office commencing July 1,
2012 and ending June 30, 2015; and as the Elected Official
representative of the Roanoke Valley Area Metropolitan Planning
Organization to fill the unexpired term of David B. Trinkle ending
June 30, 2014; and
Duane Smith and Edward Garner as Commissioners of the
Roanoke Redevelopment and Housing Authority for four -year terms
of office ending August 31, 2016.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS:
Proposal of the City of Roanoke to authorize the issuance of a General
Obligation Bond not to exceed $2,014,210.00 for school capital projects.
Ann H. Shawver, Director of Finance, Spokesperson.
Adopted Resolution No. 39486 - 090412. (7 -0)
6. PETITIONS AND COMMUNICATIONS:
a. A joint communication from the City Treasurer and City Manager
recommending approval of the creation of the VACoNML Virginia
Investment Pool Trust Fund through joint exercise of powers with
Chesterfield and Arlington Counties.
Tabled until the September 17 Council Meeting.
REPORTS OF CITY OFFICERS AND COMMENTS OF
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Acceptance and appropriation /transfer of 2012 - 2013 Community
Development Block Grant (CDBG), Home Investment Partnerships
Program (HOME) and Emergency Solutions Grant (ESG) Program
funds from the U.S. Department of Housing and Urban
Development (HUD) to provide for a variety of activities ranging
from housing and community development to homelessness
prevention, rapid re- housing and economic development.
Adopted Resolution No. 39487- 090412 and Budget Ordinance
No. 39488 - 090412. (6 -0, Council Member Ferris abstained.)
2. Appropriation of additional Fiscal Year 2011 -2012 Emergency
Solutions Grant (ESG) Program funds for services that prevent
individuals and families from becoming homeless; and services that
rapidly re -house individuals who are currently homeless.
Adopted Budget Ordinance No. 39489- 090412. (7 -0)
3. Acceptance and appropriation of funds from the Virginia
Department of Housing and Community Development for the
Homeless Solutions Grant to establish the Blue Ridge Continuum
of Care and Central Intake - One Door approach, a central access
and referral management system, in connection with homeless
service providers.
Adopted Resolution No. 39490- 090412 and Budget Ordinance
No. 39491-090412. (7 -0)
4. Execution of a five -year hazardous materials response team
contract with the Virginia Department of Emergency Management;
and appropriation of hazardous materials response reimbursement
funds that were received in FY2011 and FY2012.
Adopted Resolution No. 39492- 090412 and Budget Ordinance
No. 39493-090412. (7 -0)
5. Authorization to acquire all property rights by negotiation for the
Westover Avenue Drainage Improvement Project.
Adopted Ordinance No. 39494-090412. (7 -0)
COMMENTS BY CITY MANAGER.
Parks and Recreation Master Plan
• The city will be inviting input on the Parks and Recreation Master Plan at
some upcoming events:
• Community Forums - identified for specific stakeholder groups
• Thursday, September 13, at Jefferson Center Training Theatre
from 11:00 a.m. to 12:00 noon; from 1:00 p.m. to 2:00 p.m.; and
from 3:00 p.m. to 4:00 p.m.
• Friday, September 14, at the Jefferson Center Training Theatre,
8:00 a.m. and 9:00 a.m.
• Public Input Session
• Thursday, September 13, at the Jefferson Center in Fitzpatrick
Hall, at 6:30 p.m., will be open to community attendance.
All- America City Award Celebration
• The City is planning a kickoff celebration event to recognize our recent All -
America City Award on Friday, September 14, at 11:00 a.m., at the Mill
Mountain Star.
o Preschool children will help us celebrate the "Star City Reads
Campaign, " which emphasizes early children literacy.
Taste of Culture
• Will be held on Friday, September 14 from 11:00 a.m. to 2:00 p.m., on Wall
Street in downtown Roanoke.
o Food, entertainment, exhibits, crafts. Norway is the featured country.
23rd annual Henry Street Heritage Festival
• Will be held on Saturday, September 15 from 11:30 a.m. to 10:00 p.m., in
Elmwood Park.
• Includes an array of diverse entertainment, educational forums, and exposure
to African- American heritage as expressed through the performing arts,
crafts, cuisines, customs, and merchandise.
7th Annual Roanoke Greek Festival
• Will be held at Holy Trinity Greek Orthodox Church, 30 Huntington Blvd.
• Friday, September 14, 11:00 a.m. to 10:00p m.
• Saturday, September 15, 11:00 a.m. to 10:00 p.m.
• Sunday, September 16, 12:00 noon to 7:00 p.m.
• Free admission. Greek food, traditional dancing, live Greek band, Greek
marketplace, church tours and children's activities.
• Proceeds this year will go to the Rescue Mission, Center in the Square, and
Roanoke Area Ministries.
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS:
a. Continuation of the matter with regard to adoption of an ordinance
amending the City Code to update and clarify certain sections of the
Zoning Ordinance. (Matter was tabled at the August 20, 2012, Council
meeting.) Matter was removed from the table for reconsideration (7 -0,
voice vote). Motion to amend the Ordinance, withdrawing eight items
for consideration at a later date. (7 -0). Adopted Ordinance No. 39495-
090412, as amended. (7.0).
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 Price reminded everyone of the Henry Street
Heritage Festival that would take place in Elmwood Park on
September 15 from 11:30 a.m. to 10:00 p.m. She pointed out that the
event was the major fund raiser for the Harrison Museum. She
further pointed out that citizens would be able to attend both the
Greek Festival, which would run from September 14 to September 16,
and the Henry Street Heritage Festival.
Council Member Lea thanked everyone who had contributed to the
success of the 2012 Western Virginia Education Classic that had
taken place at Ferrum College on September 1 before a near capacity
crowd. He said the meeting of Emory and Henry College and Ferrum
College had provided a great game for fans and he noted the
attendance of Council Member Price and family and the City Manager
and family.
Recessed at 3:06 p.m., for a closed meeting.
Reconvened meeting at 4:25 p.m.
CERTIFICATION OF CLOSED MEETING. (7 -0)
Appointed Princess Moyer to replace Braxton Neff for a term of office
ending June 30, 2015; and Hollis Young to fill the unexpired term of
Felicia Journiette ending June 30, 2014, as members of the Roanoke
Neighborhood Advocates.
Appointed the Judge Charles Dorsey (23 rd Judicial Circuit) to replace
Judge Clifford Weckstein as a City representative of the Court
Community Corrections Program Regional Community Criminal
Justice Board for a term of office ending June 30, 2015.
Reappointed Mary V. H. Dykstra as a member of the Architectural
Review Board for a four -year term of office ending October 1, 2016.
Reappointed Charles E. Hunter, III, as a member of the Economic
Development Authority for a four -year term of office ending
October 20, 2016.
Waived residency requirement for Tim Steller, a City representative
to the Court Community Corrections Program Regional Community
Criminal Justice Board and Cynthia Fendley, a member of the
Building and Fire Code Board of Appeals, who were appointed at the
August 6, 2012, Council Meeting.
12. ADJOURN. 4:31 p.m.
10
Arts and Cultural Plan
• Approved by City
Council in August 2011
• Plan Implementation
Committee has met
monthly
• RAC presented first
year implementation
plans to the community
in February 2012
Community Updates
• These updates will be
provided to the
community on an
annual basis
• Next one scheduled for
early 2013
BUILDIN
Livable Communities —
Engaged Y
Neighborhoods
sx,-- ;
L
Vibrant Region -
Healthy Economy
Implemented
• Restructured City grant to align with arts and
cultural plan
• Developed mini grant program in collaboration
with Foundation for Roanoke Valley
• Study of sustainable funding alternatives
A
FOUNDATION
FOR ROANOKE VALLEY
Your Cnmrmmiry Fmmdnlim
Implemented
• Arts and Culture is now included as a
category in the city's neighborhood grant
program
• Arts and culture will be included in all
neighborhood plan revisions
• Received a $50,000 National Endowment for
the Arts Grants to implement Arts Where You
Live
Implemented
• Link arts and culture to
other participatory
activities like biking and
greenways
• Work with libraries to
continue and expand
arts and cultural
programming
1
t t
As
.«.j
In Flux Will Remain In Vic Thomas Park As A
Compliment To The Ann Master Memorial Sculpture
Garden
Continue Implementation Of The Public
Art Plan Art For Everyone
• Completion of the NEA conservation grant
• Collections Committee reviewed the public art plan and
almost all goals are in place.
Conservator Andrew Baxter and City staff cleaning and waxing Martin Luther King Memorial
Continue To Build And Maintain The
City's Regional Art Collection
• The Arts Commission reaffirmed
the desire to continue to add
works by regional artists to the
collection (as allowable by
purchasing laws in VA)
• There are a total of 116 works in
the City's collection of which 88
are by artists currently living in
the region or who lived in the
region when the work was
purchased.
pio
T
it •.
I �
c
Support State And National Training
Opportunities For RAC Members And Staff
• City Works Xpo
• Virginians for the Arts Annual Conference
• Americans for the Arts Annual Conference
• Thriving Communities Institute
• National Symposium on Arts and
Entertainment Districts
RAC Often Gives Advice on Projects
Or Speaks With Outside Organizations
• Elmwood Park Project
• Nolan Park Project
• Convention and Visitors Bureau
• Arts and Cultural Capacity Analysis
• Hollins University Arts Administration Class
• City's Innovative Leadership Class
• Funders Group organized by Council of Community
Services
• Kiwanis Club of Roanoke
DJA\ !A 1019 Fl
O>>E R Ro.
VS =E OfMlechCarilion
edicine,Id Research Instik
irg,. Museum of TransP�'tabm�
Wilson modes
gallery
JEFFERSON CENTF
ROANOKE REGIONAL ` V 11
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INITAUBMA
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COUNCIL OF
COMMUNITY Roanoke
e;SERVICES k,, .,
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ROANOKE
CIVIC CENT L K
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OANOKE A LL EY
Research into Sustainable Funding
Douglas Jackson
• Assets Districts
• United Cultural Funds
• Other Dedicated Funding Sources
• Lodging
• Retail sales
• Admissions /Amusement
• Endowments
• Lottery
Arts and Cultural Districts
Rupert Cutler
• Attended National Symposium
on Arts, Cultural and
Entertainment Districts in
Baltimore in April 2012
Key Things Learned
• Districts are not usually downtown but on the fringes
of downtown in formerly run -down (low rent)
neighborhoods.
• Arts districts represent an opportunity to revitalize a
neighborhood.
• Old industrial districts lend themselves to becoming
arts districts.
• "Natural" arts districts are initiated by "local players."
not developed from the top down
Amy Moorefield
Implement the NEA Our Town Grant
Arts Where You Live Program
Produce new brochures for the public art collection and the Art
by Bike tour
Implement Arts and Cultural Plan Mini Grants
Develop a comprehensive maintenance plan for the City's art
collection based on the conservator's report
Continue work with The Convention & Visitors Bureau, The Arts
Council of the Blue Ridge and the Regional Partnership on joint
marketing efforts
•:• With Department of Technology develop new collections
management software to include a new interactive web site for
the public art collection
Expand public art on the Greenways — Please join us on
September 20 at 11:00 AM as we dedicate the new Ann Master
Memorial Sculpture Garden in Vic Thomas Park
CITY OF ROANOKE
OFFICE OF THE MAYOR
v... 215 CHURCH AVENUE, S W_ SUITE. 452
.✓ ROANOKE, VIRGINIA24011 -1594
TELEPHONF 15401851 -1444
FAX (540)851.1145
DAVID A. BOWERS
Mal
September 4, 2012
The Honorable Vice -Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1),
Code of Virginia (1950), as amended. A list of current vacancies is included with the
agenda for this meeting.
Sincerely,
♦ w-'r.
David A. Bowers
Mayor
DAB:ctw
COMMITTEE VACANCIES /REAPPOINTMENTS
September 4, 2012
VACANCIES:
Three -year terms of office to replace Eddie Wallace, Jr., Kae Bolling and Carl Kopitzke as members
of the Mill Mountain Advisory Committee ending June 30, 2015; and the unexpired term of office of
Richard Walters ending June 30, 2013.
Three -year term of office to replace Braxton Naff ending June 30, 2015; and an unexpired term of
Felicia Journiette ending June 30, 2014, as members of the Roanoke Neighborhood Advocates.
Three -year term of office to replace Jay Foster as a City representative of the Roanoke Valley -
Alleghany Regional Commission ending June 30, 2015.
Unexpired term of office of Deirdra Williams as a member of the Fair Housing Board ending
March 31, 2015.
Unexpired terms of office of Pam Kestner and Amy Ziglar as members of the Human Services
Advisory Board ending November 31, 2014.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly -owned property, being a portion of tax map parcel
1040202 located at 250 Reserve Avenue (former Naval Reserve Facility) where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to y2.2- 3711.A.3, Code of
Virginia (1950), as amended.
- -- -----------------------
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Weague of Women Voters of Falls Church
May or November Local Elections? A Pro /Con Fact Sheet
In November 2010, the Falls Church City Council voted to repeal a January 2010 ordinance that moved municipal elections
from May to November. The Council also approved an advisory referendum on the election date question for the November
2011 ballot, giving voters, not the Council, the choice of Election Day. City Attorney John E. Foster advised the Council that the
referendum's outcome, though termed "advisory," would be binding.
Asa result of the Council's actions, the next Falls Church City CouncllfSchool Board elections will be held in May 2012.
Meantime, the question will be pert to City voters on the November 8 ballot. If voters choose to change the date, the first
local November election would be conducted in 2013.
Voters will be asked to vote "yes" or "no" on the question: "Should the City of Fails Church amend Section 3.01 of its Charter to
hold elections ofinembers of City Council in the month of November rather than the month of May_" For a complete study
on this issue, published by the League of Women Voters of Falls Church in January 2001 and titled Falls Church City Council
and School Board Elections— November or May?A Voter Service Report, please visit the League's website a[
htto: / /Iwvfallschurch .ore /Election[hanee.html. Please note that the League does not take a position on this issue.
Both election dates offer advantages and disadvantages, which are summarized here. For more detail, please seethe back
of this fact sheet.
MAY LOCAL ELECTIONS
NOVEMBER LOCAL ELECTIONS
(a "No" vote on the referendum)
(a "Yes" vote on the referendum)
PRO
CON
PRO
CON
Higher voter turnout
Focus on local matters; voters
Lower voter turnout
(average of 71% in even
more informed
(average of 27% from
years, 2000 to 2010;
Voters who don't pay attention to
who to
about City issues
2000 to 2010)
average of 48% in odd
loters
decide doseention
years, 2001 to 2009)
More efficient for voters—
Longer, more complex ballot; local
Amorecocl
Outsized influence by
combined with state
issues at the bottom; "down ballot"
ball
City- centered ballot
smallergroups
elections; fewer trips
races suffer from"undervotes"-
within the City
to the polls
greater turnout may be negated by
fewer votes for local races
Lower cost of elections;
Higher cost to run for election due to
Lower cost to run for election
Higher cost of elections
reduces work
"noise" of state and federal races;
of election officials
inje onofparty funds
in
into local races
Nonpartisan elections with
Elections more partisan; fewer
independent candidates
independents involved; could end
City's nonpartisan tradition
_
Accountability for Council
incumbents who approve City
Council and School Board members
budget in April; newly elected
elected mid -fscal /school year rather
Council /School Board members
than at the end of it;
begin at start
potential negative impact on City
of City fiscal /school yeah
budget and schools
Copyright m 2011 League of Women Voters of Falls Church
FACTS TO CONSIDER
• May election dates for cities and towns have their roots in a municipal reform move me nt that began in the 1880s and continued into
the early 2Ducentury. Scheduling city elections in the spring helped assure that they would focus on city Issues and not became
entangled with state and federal issues. This movement did not extend then nor does it apply now to Virginia's 95 counties, which hold
their elections for supervisors and school board members in November.
• Virginia stateelectlons are held In odd - numbered years, and fares l elections take place in even- numbered years.Thisschedule, with
state and federal elections Indifferent years, assures that state elections do not become entangled with and perhaps overshadowed by
federal elections.
• 5ince July 1, 2000, Virginia law has allowed cities and townsto move their May elections to November.
• According to the State Board of Elections(wwwsba,fminla.eovl and the Virginia Municipal League(wwwvmlorg), most municipal
elections remain In May. Specifically, 20 cities, including Falls Church, and more than 150 towns in the commonwealth hold local
elections in the spring. Nineteen cities and 28 towns hold elections In November. This count Includes cities moving from May to
November elections in 2012 — Alexandria, Franklin, Hopewell, and Portsmouth.
• Turnout in May elections in Falls Church from 200010 2030 ranges from 13% (uncontested election In 2006) to 32 %(2000 and 2008).
Turnout In November elections In Falls Church from 2000 M 2010 ranges from 28 %(2002) to 86% (2000). In general, turnout In
November elections held in add - numbered years (state races] is not as strong as turnout for November elections in even - numbered
years (federal races). Turnout for primary elections, held in months other than May and November and including elections when only
one party and one contested office are on the ballot, ranges from 5 %(2001) to 48% (dual parry presidential primary in 2008). The most
recent primary on August 23 attracted a 6% turnout.
• Acmrdingto the Falls Church Registrar, the City currently spends an additional $18,000 every two years to hold local elections in May.
In its 2001 report, the League noted that this cost was then $4,200 every two years. Elections in November and primaries, regardless of
whether both parties have candidates on the ballot or the number of aces, also each cost $18,000. The costs for any election are
somewhat less when voter turnout is expected to be lower because fewer election officials are needed. The Registrar further notes
that the state and federal governments reimburse localities for some costs associated with running elections. Virginia has encouraged
titles to move local elections to November by reducing the subsidy for May elections.
• Falls Church has a long tradition of nonpartisan local elect ions, dating backto the time It first became a town In 1875. Candidates for
Town and City Council and more recently for School Board have not been nominated or endorsed by the local wings of the national
political parties, Democratic or Republican. Candidates have run independently from those parties and have financed their cam palgns
personalty and by individual contributions, not party funds. An independent candidate for City Council typically spends less than $8,000
to run for election. According to the Virginia Public Access Project (www.voap are), the cost m ton for election to state office
frequently requires In excess of $100,000 and consequently involves party support. To run for attorney general, lieutenant governor,
and US House of Representatives for Virginia costs In excess of 51 million, and for governor, $10 million and more.
• With a November election, new Council and School Board members would take office in the middle ofa fiscal /school year, and
incumbent Council candidates would be six months away from their budget votes the previous spring.
• Newspaper accounts report that local races newly held in November 20081n Manassas Park, Suffolk, and Virginia Beach show
significantly fewer votes for local elections ( "Manassas Park voters ignore local races," January 22, 2009, Inside Nova.com), a more
partisan tone ( °Beach mayo el race has more partisan tone in November," November2, 2008, HamptMR.ds.com), and a lack of
awareness of local candidates ( "Suffolk vote shows same unready to pick mayor' November 7, 2008, Hampton Roads.com).
ON THE BALLOT: ( "no" on the referendum = May; "yes" on the referendum = November(:
May 1, 2012 (Local only—
regardless of outcome):
IFNOvember 5, 2013
(State and Local every 4 years):
IFMay 6,2014
(Local only):
IFNovember 3,2015
(State and Local every 4 years):
City Council /School Board
(3 seats)
Governor /Lieutenant Governor/
Attorney General
City Council /School Board
(4 seats)
Virginia Senate (40 seats) /House of
Delegates (100 seats)
House of Delegates(100 seats)
City Council /School Board (3 seats)
Sheriff /Commissioner of
Revenue/Treasumr
City Council/School Board (4 seats)
Copyright © 2011 League of Women Voters of Falls Church
-B;t�S
May vs. November municipal elections -- Important issues
Presentation to Roanoke City Council
Sept. 4, 2012
Dr. Harry Wilson
Turnout
Increased in November
Undervote —is it really a problem?
Less informed electorate— almost certainly
Competition for attention from other races
Do elections become more partisan? Maybe.
Costs
May be higher for candidates
Lower for the city
Odd us. even - numbered years
Higher turnout in Presidential election years
Other issues exacerbated; less so in odd - numbered years
Citizen input
Open forutn/town hall meeting
Attracts most interested citizens, not cross- section
Those you know or who contact you
Also not representative of all citizens
Survey
Best method, but there are costs
If survey done, then make it part of citizen satisfaction/need survey
Recommendation
Council needs to weigh pros and cons
Neither time is "obviously" better
If change is made, then move to odd - numbered years
Turnout lower than in Presidential election years
Other problems less severe
Cities who have chosen to hold their municipal elections in
November.
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
It.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Alexandria (2012)
Bedford
Charlottesville
Colonial Heights
Emporia
Falls Church
Franklin
Harrisonburg
Hopewell
Lexington
Manassas Park
Martinsville
Norton
Petersburg
Poquoson
Portsmouth
Richmond
Suffolk
Virginia Beach
Winchester
Cities who hold their municipal elections in May.
I.
2.
3.
4.
5.
6.
7.
8.
9.
to.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Bristol
Buena Vista
Chesapeake
Covington
Danville
Fairfax city
Fredericksburg
Galax
Hampton
Lynchburg
Manassas
Newport News
Norfolk
Radford
Roanoke
Salem
Staunton
Waynesboro
Williamsburg
3
Old Southwest
CN D,m,�C —1 XG U
a _,
„e ,
D(I) ��t to R s R �y
�
Briefing Item #2
BACKGROUND INFORMATION FOR DISCUSSION OF PROPOSED AMENDMENTS TO PERMITTED
USES IN THE MX AND CN ZONING DISTRICTS FROM AUGUST 20, 2012 PUBLIC HEARING
The following are excerpts from the Use Table for Multiple Purpose Districts found in Section 36.2-315 of the City's zoning
ordinance. The excerpt shows the following:
1. Uses that were of concern to residents of the Old Southwest (OSW) neighborhood as expressed at the City Council public
hearing on August 20, 2012.
2. The definition of the uses from Appendix A of the zoning ordinance.
3. The status of the use under the current ordinance and proposed amendments (not permitted, permitted by right, or
permitted by special exception)
4. The staff /planning commision basis for the proposed amendment.
5. OSW comments regarding the proposed amendments.
Following the use table excerpts is a portion of the zoning map that highlights the location of MX and CN Districts.
District
MX, Mixed Use District
Use
Definition
Current
Proposed
Staff /Planning Commission Basis
OSW Comments
Ordinance
Amendment
for Change
Laboratory,
dental,
An establishment primarily engaged in
bacteriological, biological,
Not
Permitted
Complements permitted uses like
Concern with impact on
medical, or
x -ray, pathological, or
similar analytical or diagnostic services to
permitted
by right
medical clinics; use comparable to
neighborhood, such uses
optical
medical
doctors or dentists, and the production, fitting, or
other permitted uses like office
and medical clinics.
should be by special
sale of optical or prosthetic appliances.
exception if permitted.
Internet Sales
Establishment
A retail sales establishment that solely operates
N/A
Permitted
Impacts less than other permitted
Concern with the
through on -line, mail order, or similar customer
by right
office or medical uses because of
inclusion of the word
interaction. There is no storefront for the
purchase of goods or other means of direct
no customers. Staff is amenable
to "retail"
retail in the definition.
pick-
up of products by customers at the facility.
removing the word
from the definition.
District
MX, Mixed Use District
Use
Definition
Current
Proposed
Staff /Planning Commission Basis
OSW Comments
Ordinance
Amendment
for Change
Artist studio
An establishment for preparation, display, and
Not
Permitted
Less intensive than much larger
Concern with
sale of individually crafted artwork, jewelry,
permitted
by right
scale permitted uses (medical
introduction of retail
furniture, painting, sculpture, pottery, art
clinics, offices); compatible with
sales element in the MX
photography, leather craft, hand -woven articles,
permitted mixed use buildings and
District which is better
candles, hand -blown glass, and similar items. Such
live work units; potential use for
suited to the CN District.
space is primarily a working studio where such
Patterson Ave homes; "primarily a
Concern with noise and
artist, artisan, or craftsperson may display and sell
working studio" means an
media being used (metal
work, but such establishment may also include the
operation limited to retail sale
working vs. painting)
teaching of classes in the applicable fine art or
would not be permitted.
craft, including "the arts" associated with vocal or
instrumental music, acting, and writing.
Educational
A specialized instructional establishment that
Permitted
Permitted
Eliminate the need for the
Concern with possible
facilities,
provides on -site training of business, commercial,
by special
by right
special exception for use with
impacts to
business
vocational, or trade skills such as accounting, data
exception
operations similar to permitted
neighborhood (noise,
school or
processing, computer repair, secretarial skills,
office and medical clinic uses.
hours, media being
nonindustrial
barbering or hair dressing, or other trades of a
used), leave as a use by
trade school
nonindustrial nature, and not otherwise defined as
special exception
a "college /university educational facility,"
"elementary/middle /secondary educational
facility," or a "home occupation." Incidental
instruction services in conjunction with another
primary use shall not be considered a business or
trade school.
Educational
A school where classes in the various fine arts,
Permitted
Permitted
Eliminate need for the special
Concern with possible
facilities,
including painting, sculpting, photography, music,
by special
by right
exception for use with
impacts to
school for the
dance, or dramatics are taught, and where such
exception
operations comparable to
neighborhood, leave as
arts
establishment is not otherwise defined as an
permitted office and medical
a use by special
"elementary/middle /secondary educational
uses.
exception
facility," "college /university educational facility,"
"artist studio," or "home occupation."
Broadcasting
An establishment primarily engaged in the
Not
Permitted
Would have a similar operational
No definition provided
studio or
provision of broadcasting services accomplished
permitted
by right
profile to permitted office or
and wants clarification of
station
through the use of electronic mechanisms, and
medical clinics. Such studios are
use and impacts on the
which includes satellite earth station equipment.
very heavily soundproofed.
neighborhood.
Typical uses include television studios and radio
Studios /Multimedia production
stations. "Broadcasting towers' are not considered
facilities are permitted uses in the
customary accessory uses for purposes of this
MX District.
definition.
District
CN, Neighborhood Commercial District
Use
Definition
nt
Proposed
Staff /Planning Commission Basis
OSW Comments
nce
Amendment
for Change
Workshop
An establishment engaged in the assembly,
fabrication, or manufacture
ted
Permitted
Planning Commission requested
Leave as special
of materials to create
a new product, or the repair of such products,
cial
ion
by right
that this use be changed to
permitted by -right to make
exception as workshops
could be quite noisy, and
where the activity occurs within a wholly - enclosed
starting a small business easier
have issues with odors or
building. Such use may include furniture making
(remove fee and time for special
chemical use (e.g., metal
and repair, cabinetry, assembly of textiles,
exception process). A new
work)
garment production and repair, assembly of
supplemental regulation for
electronics, florists, jewelrymaking, metalwork, or
workshops wilt limit such uses to
similar activities, and may include the retail sale of
2,000 square feet of floor space
goods produced,
and require that alt work occur
indoors.
Entertainment
establishment,
An establishment where entertainment is provided
ed
Permitted
Makes regulation of this use
7nen
Leave as special
not abutting a
(including magicians, comedians, dancers, stage
performances or music performances by more
ial
ion
by right
consistent with other zoning
exception as
residenti al
than one (1) instrument or amplified music
districts (e.g., CG, CLS, D, OF
An entertainment establishment,
entertainment
establishments
district
including amplified recorded sound and electronic
abutting a residential district will
could be
noisy and should have
musical instruments), or having a dance floor
still require a special exception.
BZA review.
which occupies more than ten 00) percent of the
seating area of the establishment. Entertainment
The CN districts tend to be
establishments include lounges, discos,
located in linear strips adjacent to
nightclubs, private clubs, music or dance
residential areas, so most
establishments, and similar facilities, but do not
establishments would still require
include "indoor commercial recreational facilities"
a special exception. In the OSW
or "indoor commercial amusement"
neighborhood, all lots currently
establishments.
zoned CN are located adjacent to
residential disMcts, so a speci al
exception would continue be
equired.
LOCATION OF MX A
ZONING DISTRII
Lsq.d
Zoo oistmft oa imeresi
- ux
®cr
rTTTT777 -1 V
0 0.250.5 1 MM �•,,
Briefing Item rig
2012 Zoning Ordinance
Amendments
September 4, 2012 Briefing
Zoning Amendment Highlights
Building Placement
• Uses
• Parking: location and materials
• Buffer yards
• Signs
Review: Comments from Hearing
• Old Southwest neighborhood residents
— Use changes in MX and CN
• Spokesperson from Spectrum Sports
Academy
— Use changes in AD
LOCATION OF MX Al
ZONING DISTRIC
Legend
(,a q DstrwAS o! Interest
IIIIIII, �
V
0 D.250.5 1 Miles ,
Use Table Issues
District
MX
Current
Proposed
OSW
Ordinance
Amendment
Comments
Laboratory,
P
S or not at all
dental, medical,
or optical
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
Use Table Issues
District
MX
Current
Proposed
OSW
Ordinance
Amendment
Comments
Internet Sales
P
Revise
Establishment
definition
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
Use Table Issues
District
MX
Current
Proposed
OSW
Ordinance
Amendment
Comments
Artist Studio
P
Leave as not
permitted
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
Use Table Issues
District
MX
Current
Proposed
OSW
Ordinance
Amendment
Comments
Broadcasting
P
S or not at all
studio or station
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
Use Table Issues
District
MX
Current
Proposed
OSW
Ordinance
Amendment
Comments
Educational
S
P
Leave as S
facilities,
business school
or nonindustrial
trade school
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
Use Table Issues
District
MX
Current
Proposed
OSW
Ordinance
Amendment
Comments
Educational
S
P
Leave as S
facilities, school
for the arts
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
Use Table Issues
District
CN
Current
Proposed
OSW
Ordinance
Amendment
Comments
Entertainment
S
P
Leave as S
establishment,
not abutting a
residential
district
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
Use Table Issues
District
CN
Current
Ordinance
Proposed
Amendment
OSW
Comments
Workshop
S
P
Leave as S
P = Permitted by right, S = Permitted by special exception,
Blank = not permitted
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Schedule Public Hearing to Renew Lease for Hertz Car Rental
Background:
The Hertz Corporation (Hertz) currently leases approximately 86,501 square feet of City -
owned property identified as Tax Map Number 6640123, commonly known as 5550
Precision Circle, NW, and formerly known as 1302 Municipal Road, N.W., Roanoke, Virginia.
The property is utilized as a vehicle maintenance, storage and servicing operation in
conjunction with an automobile rental establishment located in the Roanoke Regional
Airport, where Hertz has also leased space. Hertz began leasing this parcel from the City
of Roanoke in 1968. A prior lease agreement was entered into by the parties in 1993 for a
five year term. That lease agreement was amended four additional times to extend the
original term of the lease, with the last extension term of such lease ending June 2012.
Currently Hertz is using the property under a License Agreement which expires September
30, 2012. Hertz has expressed the desire to continue to lease this property for three more
years and three months commencing October 1, 2012 and expiring December 31, 2015.
The proposed lease term is designed to synchronize with the lease term established at the
Hertz rental establishment in the Roanoke Regional Airport.
The Lease Agreement shall be amended to provide the following annual rental, payable
monthly in advance, and shall be as follows:
October 1, 2012 -September 30, 2013
$2,545 monthly
$30, 540 annually
October 1, 2013 - September 30, 2014
$2,621 monthly
$31,456 annually
October 1, 2014 - September 30, 201 5
$2,700 monthly
$32,400 annually
October 1, 2015 - December 31, 201 5
$2,781 monthly
58,343
A public hearing is required to consider this lease agreement.
Recommended Action:
Author e the scheduling and advertising of this matter for a public hearing on September
17 2 , at 7:00 P.M.
--
ristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
Simone Knowles, Tax Compliance Administrator
w
CITY OF ROANOKE
�) q
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
pax: (540) 853 -1145
JONATHAN E. CRAFT'
E -nn6: elerk@rosnokeva.gov
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
September 6, 2012
Carolyn Glover, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Ms. Glover:
This is to advise you that Carolyn Barrett has qualified as a member of the Personnel and
Employment Practices Commission to fill the unexpired term of Leticia Smith ending
June 30, 2014.
Sincerely,
vi
Stephnie M�Mo!n :'C t
a
City Clerk
SMM:jec
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, CAROLYN BARRETT, 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 Personnel and Employment Practices Commission to fill the unexpired
term of Leticia Smith ending June 30, 2014, according to the best of my ability. So help me
God.
CAR LYN RR TT
The foregoing oat of office was taken, sworn to, and subscribed before me by Carolyn
Barrett this ay of A 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
By `, Clerk
September 6, 2012
Jonathan Craft, Secretary
Fire and Building Code Appeals Board
Roanoke, Virginia
Dear Mr. Craft:
This is to advise you that Jeffry Parkhill for a one - yearterm of office ending June 30, 2013
and Cynthia Fendley and William Holland for a two -year term of office, each, ending June
30, 2014, have qualified as members of the Building and Fire Code Board of Appeals.
Sincerely,
Stephanie M. Moon, MMC U
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
K-
Roanoke, Virginia 24011 -1536
Telepkone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk@roanokeva.gov
JONATHAN E. CE
STEPHANIE M. MOON, MMC
Deputy City Clerk
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
September 6, 2012
Jonathan Craft, Secretary
Fire and Building Code Appeals Board
Roanoke, Virginia
Dear Mr. Craft:
This is to advise you that Jeffry Parkhill for a one - yearterm of office ending June 30, 2013
and Cynthia Fendley and William Holland for a two -year term of office, each, ending June
30, 2014, have qualified as members of the Building and Fire Code Board of Appeals.
Sincerely,
Stephanie M. Moon, MMC U
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, JEFFRY PARKHILL, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Building and Fire Code Board of Appeals for a
one -year term of office ending June 30, 2013, according to the best of my ability. So
help me God.
AfFFRY PARKHILL
The foregoing oath of office was taken, sworn to, and subscribed before me by Jeffry
Parkhill this � day of r %Q 2012.
Brenda S. Hamilton, Clerk of the Circuit Court 1,
By cX! , cl� U
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, CYNTHIA FENDLEY, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Building and Fire Code Board of Appeals for a
two -year term of office ending June 30, 2014, according to the best of my ability. So
help me God.
'& �(G 'R
CY HIA FENDLEY
The foregoing oath of office was taken, sworn to, and subscribed before me by Cynthia
Fendley this day of 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
lark
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, William C. Holland, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Building and Fire Code Board of Appeals for a
two -year term of office, commencing July 1, 2012 and ending June 30, 2014, according
to the best of my ability. So help me God.
% . C' r�/
WILLIAM C. HOLLAND
The foregoing oath of office was taken, sworn to, and subscribed before me by William
C. Holland thistday of &_� 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
�,(JU
gy Clerk
Ckjcl /oahs and qualifications/Budding and Fire Code Board of Appals /William C Holland wlh.duc
September 6, 2012
Wayne G. Strickland, Executive Director
Roanoke Valley Alleghany Regional Commission
P. O. Box 2569
Roanoke, Virginia 24010
Dear Mr. Strickland:
This is to advise you that Council Member Raphael E. Ferris has qualified as an Elected
Official representative of the Roanoke Valley - Alleghany Regional Commission for a three -
yearterm of office commencing July 1, 2012 and ending June 30,2015; and asthe Elected
Official representative of the Roanoke Valley Area Metropolitan Planning Organization to
fill the unexpired term of David B. Trinkle ending June 30, 2014.
Sincerely,
'-
Stephanie M. Moon, Or
City �J
City Clerk
CITY OF ROANOKE
,L A
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
!"
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fan: (540)853 -1145
F -mall: ele,Wroanol:eva.gav
,IONAFHAN E. CRAFT
STEPHANIE M. MOON, MMC
Deputy City Clerk
City Clerk
CECELIA T. WEBB
Aesislant Deputy City Clerk
September 6, 2012
Wayne G. Strickland, Executive Director
Roanoke Valley Alleghany Regional Commission
P. O. Box 2569
Roanoke, Virginia 24010
Dear Mr. Strickland:
This is to advise you that Council Member Raphael E. Ferris has qualified as an Elected
Official representative of the Roanoke Valley - Alleghany Regional Commission for a three -
yearterm of office commencing July 1, 2012 and ending June 30,2015; and asthe Elected
Official representative of the Roanoke Valley Area Metropolitan Planning Organization to
fill the unexpired term of David B. Trinkle ending June 30, 2014.
Sincerely,
'-
Stephanie M. Moon, Or
City �J
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Raphael E. Ferris, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me as
an Elected Official representative of the Roanoke Valley - Alleghany Commission for a
three -year term of office, commencing July 1, 2012 and ending June 30, 2015, according to
the best of my ability. So help me God.
/ � t
RA FiAEL E. FERRIS
The foregoing oath of office was taken, sworn to, and subscribed before me by Raphael E.
Ferris this � day of �� ,012.
Brenda S. Hamilton, Clerk of the Circuit Court
1
s � ��a
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Raphael E. Ferris, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me as
the Elected Official representative of the Roanoke Valley Area Metropolitan Planning
Organization to fill the unexpired term of David B. Trinkle ending June 30, 2014, according to
the best of my ability. So help me God.
IRF_111HA' �l r �i.
The foregoing oath of office was taken, sworn to, and subscribed before me by Raphael E.
Ferris this CAI day of 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
a CITY OF ROANOKE
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S. W., Suite 456
:c Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fan: (540) 853 -1145
E -mail: clerkeraanokeva.gov
JONATHAN E. CRAFT
STEPHANIEM. MOON,MMC
Deputy City Clerk
City Clerk
CECELIAT. WEBB
Assistant Deputy City Clerk
September 6, 2012
Glenda S. Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Edwards:
This is to advise that Duane Smith and Edward Garner have qualified as
Commissioners of the Roanoke Redevelopment and Housing Authority, each, for
four -year terms of office ending August 31, 2016.
Sincerely,
Stephanie M Moon MI
City Clerk
SMM:jec
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, DUANE SMITH, 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
Commissioner of the Roanoke Redevelopment and Housing Authority for a four -year term
of office ending August 31, 2016, according to the best of my ability. So help me God.
DUANE SMITH
The foregoing oath of offic was taken, sworn to, and subscri bed before me by Duane
Smith this 4day of�2012.
Brenda S. Hamilton, Clerk of the Circuit Court
I
By- °�
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Edward Garner, 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
Commissioner of the Roanoke Redevelopment and Housing Authority for a four -year term
of office ending August 31, 2016, according to the best of my ability. So help me God.
Edward Garri
The foregoing oath of o-f�f1�(^a was taken, sworn to, and subscribed before me by
Edward Garner thisayof U6�2012.
Brenda S. Hamilton, Clerk of the Circuit Court
S
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
STEPHANIE M. MOON, MMC E -mail. Berl 1 oanokeva,ov JONATHAN E. CRAFT
City Clerk Deputy City Clerk
CECELIA T. W EBB
September 6, 2012 Assistant Deputy City Clerk
The Honorable Brenda S. Hamilton
Clerk of the Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton:
I am attaching a certified true copy of Resolution No. 39486 - 090412 authorizing the
issuance of not to exceed $2,014,210 general obligation school bond, series 2012, of the
City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing
for the form and details thereof, effective upon its passage.
Pursuant to Section 16 of Resolution No. 39486 - 090412, the appropriate officers or agents
of the City are hereby authorized or directed to cause a certified copy of this Resolution to
be filed with the Circuit Court of the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, September 4, 2012.
Sincerely,
StepM• MM6✓11r�/
City Clerk
Attachment
PC: George J. A. Clemo, Esquire, Woods Rogers, PLC, 10 S. Jefferson Street,
Suite1400, Roanoke, Virginia 24011
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Christopher P. Morrill, City Manager
Timothy Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Amelia Merchant, Director of Management and Budget
Resolution No 39486- 090412.
RESOLUTION AUTHORIZING THE ISSUANCE OF A NOT TO EXCEED
$2,014,210 GENERAL OBLIGATION SCHOOL BOND, SERIES 2012,
OF THE CITY OF ROANOKE, VIRGINIA, TO BE SOLD TO
THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, the City Council (the "Council') of the City of Roanoke, Virginia (the
"City "), has determined that it is necessary and expedient to borrow an amount not to exceed
$2,014,210 and to issue its general obligation school bond (as more specifically defined below,
the "Local School Bond ") for the purpose of financing the costs of certain rehabilitation and
repairs at Garden City Elementary School, Virginia Heights Elementary School, Wasena
Elementary School, Lucy Addison Middle School, James Breckenridge Middle School, Fairview
Elementary School, Fallon Park Elementary School, Fishbum Park Elementary School, Hurt
Park Elementary School, Stonewall Jackson Middle School, Lincoln Terrace Elementary School,
Roanoke Academy for Math and Science, Round Hill Elementary School, and Woodrow Wilson
Middle School, all which constitutes a capital project for public school purposes (collectively,
the 'Project ");
WHEREAS, the City held a public hearing, duly noticed, on September 4, 2012, on the
issuance of the Local School Bond in accordance with the requirements of Section 15.2 -2606,
Code of Virginia 1950, as amended (the "Virginia Code ");
WHEREAS, the School Bond of the City has, by resolution, requested the Council to
authorize the issuance of the Local School Bond and consented to the issuance of the Local
School Bond;
WHEREAS, the Virginia Public School Authority ( "VPSA ") has offered to purchase the
Local School Bond along with the local school bonds of certain other localities with a portion of
the proceeds of certain bonds to be issued by VPSA in the fall of 2012 (the "VPSA Bonds ");
WHEREAS, VPSA intends to issue the VPSA Bonds as "qualified zone academy bonds"
(referred to below as "QZABs ") within the meaning of Section 54E of the Internal Revenue Code
of 1986, as amended (the "Tax Code "), which section was added to the Tax Code by the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111 -5, 123 Star. 355), enacted
on February 17, 2009;
WHEREAS, VPSA intends to elect to treat the VPSA Bonds as "specified tax credit
bonds" under Section 6431 of the Tax Code, as amended by the Hiring Incentives to Restore
Employment Act (Pub. L. No. 111 -147, 123 Stat. 301), enacted on Much 18, 2010, which status
enables an issuer of a QZAB to receive a direct payment of a refundable credit in lieu of
providing a tax credit to the purchaser or holder of the QZAB;
WHEREAS, the refundable credit payable with respect to each interest payment date
will be equal to the lesser of (i) the amount of interest payable under the QZAB on such date or
(ii) the amount of interest which would have been payable under the QZAB on such date if such
33971143_2.DOC
1#1543968-1,077826-00069-011
IN
THE COUNCIL
OF THE CITY
OF ROANORE,
VIRGINIA
U��
The
4th day of
September,
2012.
Resolution No 39486- 090412.
RESOLUTION AUTHORIZING THE ISSUANCE OF A NOT TO EXCEED
$2,014,210 GENERAL OBLIGATION SCHOOL BOND, SERIES 2012,
OF THE CITY OF ROANOKE, VIRGINIA, TO BE SOLD TO
THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, the City Council (the "Council') of the City of Roanoke, Virginia (the
"City "), has determined that it is necessary and expedient to borrow an amount not to exceed
$2,014,210 and to issue its general obligation school bond (as more specifically defined below,
the "Local School Bond ") for the purpose of financing the costs of certain rehabilitation and
repairs at Garden City Elementary School, Virginia Heights Elementary School, Wasena
Elementary School, Lucy Addison Middle School, James Breckenridge Middle School, Fairview
Elementary School, Fallon Park Elementary School, Fishbum Park Elementary School, Hurt
Park Elementary School, Stonewall Jackson Middle School, Lincoln Terrace Elementary School,
Roanoke Academy for Math and Science, Round Hill Elementary School, and Woodrow Wilson
Middle School, all which constitutes a capital project for public school purposes (collectively,
the 'Project ");
WHEREAS, the City held a public hearing, duly noticed, on September 4, 2012, on the
issuance of the Local School Bond in accordance with the requirements of Section 15.2 -2606,
Code of Virginia 1950, as amended (the "Virginia Code ");
WHEREAS, the School Bond of the City has, by resolution, requested the Council to
authorize the issuance of the Local School Bond and consented to the issuance of the Local
School Bond;
WHEREAS, the Virginia Public School Authority ( "VPSA ") has offered to purchase the
Local School Bond along with the local school bonds of certain other localities with a portion of
the proceeds of certain bonds to be issued by VPSA in the fall of 2012 (the "VPSA Bonds ");
WHEREAS, VPSA intends to issue the VPSA Bonds as "qualified zone academy bonds"
(referred to below as "QZABs ") within the meaning of Section 54E of the Internal Revenue Code
of 1986, as amended (the "Tax Code "), which section was added to the Tax Code by the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111 -5, 123 Star. 355), enacted
on February 17, 2009;
WHEREAS, VPSA intends to elect to treat the VPSA Bonds as "specified tax credit
bonds" under Section 6431 of the Tax Code, as amended by the Hiring Incentives to Restore
Employment Act (Pub. L. No. 111 -147, 123 Stat. 301), enacted on Much 18, 2010, which status
enables an issuer of a QZAB to receive a direct payment of a refundable credit in lieu of
providing a tax credit to the purchaser or holder of the QZAB;
WHEREAS, the refundable credit payable with respect to each interest payment date
will be equal to the lesser of (i) the amount of interest payable under the QZAB on such date or
(ii) the amount of interest which would have been payable under the QZAB on such date if such
33971143_2.DOC
1#1543968-1,077826-00069-011
interest were determined at the applicable credit rate determined under Section 54E of the Tax
Code (that is, the rate used in computing the amount of tax credit that could be claimed by the
QZAB holder absent the "specified tax credit bond" refundable credit election);
WHEREAS, subject to the terms and conditions set forth or referred to below, VPSA
will transfer to the City the allocable portion of the refundable credit actually received in cash by
VPSA with respect to the VPSA Bonds;
WHEREAS, the allocation of QZAB volume cap pursuant to which VPSA will issue the
VPSA Bonds will be made by Executive Order to be issued by the Governor of the
Commonwealth of Virginia (the "Executive Order "), to finance the Project along with a number
of other projects selected through a competitive evaluation process administered by the Virginia
Department of Education;
WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $2,014,210
is the amount of proceeds requested (the "Proceeds Requested ") by the City from the VPSA in
connection with the sale of the Local School Bond;
WHEREAS, VPSA's objective is to pay the City a purchase price for the Local School
Bond which, in VPSA's judgment, reflects the Local School Bond's market value (the "VPSA
Purchase Price Objective "), taking consideration of such factors as the purchase price to be
received by VPSA from the sale of the VPSA Bonds, the underwriters' discount and the other
issuance costs of the VPSA Bonds and other market conditions relating to the sale of the VPSA
Bonds; and
WHEREAS, such factors may result in the Local School Bond having a purchase price
other than par and consequently (i) the City may have to issue the Local School Bond in a
principal amount that is less than the Proceeds Requested in order to receive an amount of
proceeds that is substantially equal to the Proceeds Requested, or (ii) because the maximum
authorized principal amount of the Local School Bond set forth in paragraph 1 of this Resolution
cannot exceed the Proceeds Requested, the purchase price to be paid to the City, given the VPSA
Purchase Price Objective and market conditions, will be less than the Proceeds Requested.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
I. Authorization of Local School Bond and Use of Proceeds. The Council hereby
determines that it is advisable to contract a debt and issue and sell its general obligation school
bond in a principal amount not to exceed $2,014,210 (the "Local School Bond ") for the purpose
of financing the Project and the City's allocable share of (A) VPSA's costs of issuing the VPSA
Bonds and (B) any upfront flat fees of VPSA as determined by VPSA to be necessary to
compensate VPSA for the on -going costs related to administering the local school bonds purchased
with the VPSA Bonds, including the City's Local School Bond (such upfront fees may be in lieu of
the Annual Administrative Fee described in paragraph 4 in this Resolution). The Council hereby
authorizes the issuance and sale of the Local School Bond in the form and upon the terms
established pursuant to this Resolution and the Bond Sale Agreement.
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[g1543968- 1,077826 -00068 -0Ij
2. Sale of the Local School Bond. The sale of the Local School Bond, within the
parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given the VPSA
Purchase Price Objective and market conditions, the City acknowledges that the limitation on the
maximum principal amount on the Local School Bond set forth in paragraph 1 of this Resolution
restricts VPSA's ability to generate the Proceeds Requested, however, the Local School Bond
may be sold for a purchase price not lower than 90% of the Proceeds Requested. The Mayor,
the City Manager, or either of them and such other officer or officers of the City as either may
designate are hereby authorized and directed to enter into an agreement with VPSA providing for
the sale of the Local School Bond to VPSA (the "Bond Sale Agreement "). The Bond Sale
Agreement shall be in substantially the form submitted to the Council at this meeting, which
form is hereby approved.
3. Details of the Local School Bond. The Local School Bond shall be dated the
date of its issuance and delivery; shall be designated "General Obligation School Bond, Series
2012;" shall bear interest from the date of delivery thereof payable semi - annually on dates
specified by VPSA (each, an "Interest Payment Date ") at the rates established in accordance with
paragraph 4 of this Resolution; and shall mature annually in the years (each a "Principal Payment
Date," and together with any Interest Payment Date, a "Payment Date ") and in the amounts (the
"Principal Installments ") determined by the City Manager, subject to the provisions of
paragraph 4 of this Resolution.
4. Interest Rate and Principal Installments. The City Manager, is hereby
authorized and directed to accept the interest rate on the Local School Bond established by
VPSA, provided that each interest rate may be up to five one - hundredths of one percent (0.05 %)
over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA
Bonds, a portion of the proceeds of which will be used to purchase the Bonds, to the extent required
by VPSA (the "Annual Administrative Fee "), and provided further that the true interest cost of the
Local School Bond does not exceed seven and a half percent (7.50 %) per annum The Payment
Dates and the Principal Installments shall be specified by VPSA. The City Manager is hereby
authorized and directed to accept the final Payment Dates and the Principal Installments at the
request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed
on VPSA by the nationally - recognized rating agencies and the final principal amount of the
Local School Bond; provided, however, that the principal amount of the Local School Bond shall
not exceed the amount authorized by this Resolution and the final maturity of the Local School
Bond shall be no later than the earlier of December 31, 2037 and the latest maturity date
permitted under Section 54E of the Tax Code. The execution and delivery of the Local School
Bond as described in paragraph 10 hereof shall conclusively evidence the approval and
acceptance all of the details of the Local School Bond by the City Manager as authorized by this
Resolution.
5. Certain Acknowledgements. The City acknowledges that the interest rate on the
Local School Bond will be set at the level necessary to pay the interest on the allocable portion
of the VPSA Bonds plus the Annual Administrative Fee, if any, and that the City will be
obligated to pay interest on the Local School Bond at the stated taxable rate thereon regardless of
the elimination or reduction of the refundable credit to be received by VPSA due to (i) any
amendments by Congress to Sections 54A, 54E, 54F or 6431 or any other applicable sections of
the Tax Code, (it) any failure or determination by Congress not to appropriate funds necessary to
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{#1563968- 1,077826 -00068 -011
pay the refundable credit, (iii) any guidance or changes to guidance provided by the U.S.
Department of Treasury or the Internal Revenue Service, or (iv) any action or omission by
VPSA, the City or any other locality selling local school bonds to VPSA in connection with the
VPSA Bonds that causes the VPSA Bonds to lose their status as QZABs and /or specified tax
credit bonds in whole or in part. It is also acknowledged that the City has the right to effect an
extraordinary optional redemption of the Local School Bond in whole or in part upon the
occurrence of certain of these events as and to the extent provided in the form of Local School
Bond.
6. Certain Investment Earnings. The Council hereby acknowledges that VPSA
will (i) issue the VPSA Bonds with multiple maturities or with a single "bullet" maturity, in
either case, with a final maturity date on or shortly before the latest maturity date permitted for
the VPSA Bonds under Section 54E of the Tax Code, (ii) invest the Principal Installments for the
benefit of the City until they are applied to pay the principal of the VPSA Bonds and (iii) either
remit the investment earnings periodically to the City or credit the investment earnings against
the City's obligation to make Principal Installments, at the option of VPSA. The Council further
acknowledges that VPSA may cause a portion of such earnings to be deposited into a reserve
fund or account to be applied by VPSA for use to pay the costs, fees and expenses described in
paragraph 15 below. Any balance in such reserve fund or account attributable to investment
earnings on the City's Principal Installments as reasonably determined by VPSA will be remitted
or credited to the City on the final maturity date of the VPSA Bonds.
7. Form of the Local School Bond. The Local School Bond shall be initially in the
form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit
A.
8. Payment; Paving Agent and Bond Registrar. The following provisions shall
apply to the Local School Bond:
(a) For as long as VPSA is the registered owner of the Local School Bond, all
payments of principal of and interest and premium, if any, on the Local School Bond
shall be made in immediately available funds to, or at the direction of; VPSA at, or before
11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption,
or if such date is not a business day for Virginia banks or for the Commonwealth of
Virginia, then at or before 11:00 a.m. on the business day next succeeding such Payment
Date or date fixed for payment, prepayment or redemption.
(b) The Bond Registrar and Paying Agent for the Local School Bond shall be
the banking institution selected by VPSA for such purposes.
9. Prepayment or Redemption. The Principal Installments of the Local School
Bond are not subject to prepayment or redemption prior to their stated maturities without the
prior written consent of VPSA, except that, in certain circumstances, the Principal Installments
of the Local School Bond will be subject to extraordinary mandatory redemption as determined
by VPSA and extraordinary optional redemption as determined by the City, in each case at the
redemption prices and upon the other terms set forth in the Local School Bond.
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{ #1543968 -1, 0778264006M1)
10. Execution of the Local School Bond. The Mayor or Vice Mayor and the Clerk
or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Local
School Bond and to affix the seal of the City thereto.
11. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
interest and premium, if any, on the Local School Bond as the same shall become due, the full
faith and credit of the City are hereby irrevocably pledged, and in each year while any of the
Local School Bond shall be outstanding there shall be levied and collected in accordance with
law an annual ad valorem tax upon all taxable property in the City subject to local taxation
sufficient in amount to provide for the payment of the principal of and interest and premium, if
any, on the Local School Bond as such principal and interest and premium, if any, shall become
due, which tax shall be without limitation as to rate or amount and in addition to all other taxes
authorized to be levied in the City to the extent other funds of the City are not lawfully available
and appropriated for such purpose.
12. Use of Proceeds Certificate and Tax Compliance Agreement The Mayor, the
City Manager and such other officer or officers of the City as either may designate are hereby
authorized and directed to execute and deliver on behalf of the City a Use of Proceeds Certificate
and Tax Compliance Agreement (the "Tax Compliance Agreement ") setting forth the expected
use and investment of the proceeds of the Local School Bond and containing such covenants as
may be necessary for the VPSA Bonds to qualify as and to remain as "qualified tax credit
bonds," "qualified zone academy bonds" and "specified tax credit bonds" under Sections 54A,
54E and 6431 of the Tax Code and the applicable regulations. The Council covenants on behalf
of the City that (i) the proceeds from the issuance and sale of the Local School Bond will be
invested and expended as set forth in the Tax Compliance Agreement and that the City shall
comply with the other covenants and representations contained therein and (ii) the City shall
comply with the provisions of the Tax Code so that the VPSA Bonds will not lose their status as
"qualified tax credit bonds," "qualified zone academy bonds" and "specified tax credit bonds"
under Sections 54A, 54E and 6431 of the Tax Code.
13. State Non - Arbitrage Program; Proceeds Agreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non - Arbitrage Program in connection with the Local School Bond. The
Mayor, the City Manager and such officer or officers of the City as either may designate are
hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the
deposit and investment of proceeds of the Local School Bond by and among the City, the other
participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository,
substantially in the farm submitted to the Council at this meeting, which form is hereby
approved.
14. Continuing Disclosure Agreement. The Mayor, the City Manager and such
other officer or officers of the City as either may designate are hereby authorized and directed to
execute a Continuing Disclosure Agreement, as set forth in Appendix D to the Bond Sale
Agreement, setting forth the reports and notices to be filed by the City and containing such
covenants as may be necessary in order to show compliance with the provisions of the Securities
and Exchange Commission Rule 15c2 -12, under the Securities Exchange Act of 1934, as
amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement
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{#1543968 -1, 0778264)0068 -01)
should the City be determined by the VPSA to be a MOP (as defined in the Continuing
Disclosure Agreement).
15. Fees, Costs and Expenses. The City agrees to pay the following fees, costs and
expenses incurred by VPSA in connection with its purchase and carrying of the Local School
Bond within thirty days after receipt by the City Manager of a written bill therefor:
(A) The City's allocable share of (i) the fees, costs and expenses of the trustee,
paying agent and bond registrar under the indenture pursuant to which VPSA will issue the
VPSA Bonds and (ii) any fees, costs and expenses payable to third parties in connection
with such indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA;
and
(B) To the extent permitted by law, the reasonable fees, costs and expenses,
including reasonable attorneys' fees, if any, incurred by VPSA in connection with any
false representation or certification or covenant default by the City or any City or School
Board official, employee, agent or contractor under the Local School Bond, the
Continuing Disclosure Agreement, the Tax Compliance Agreement, the Proceeds
Agreement and /or any document, certificate or instrument associated therewith
(collectively, the "City Documents "), or in connection with any extraordinary mandatory
redemption of the Local School Bond as described in paragraph 9 above and the
corresponding VPSA Bonds, any amendment to or discretionary action that VPSA makes
or undertakes at the request of the City under any of the City Documents or any other
document related to the VPSA Bonds.
16. Filine of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the City.
17. Election to Proceed under Public Finance Act. In accordance with Section
15.2 -2601 of the Virginia Code, the Council elects to issue the Local School Bond pursuant to
the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code.
18. Further Actions. The members of the Council and all officers, employees and
agents of the City are hereby authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the issuance and sale of the Local School
Bond and any such action previously taken is hereby ratified and confirmed.
19. Effective Date. This Resolution shall take effect immediately.
� x �
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{#1541968- 1,077826 -00068 -01)
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing
constitutes a true and correct extract from the minutes of a meeting of the City Council held on
September 4, 2012, and of the whole thereof so far as applicable to the matters referred to in such
extract. I hereby further certify that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present and that the attendance
and voting of the members in attendance on the foregoing resolution were as follows:.
WITNESS MY HAND and the seat of the City of Roanoke, Virginia, this day of
September, 2012.
Stephanie M. Moon, CMC,
Clerk, City of Roanoke, Virginia
[SEAL]
[SEAL]
-7-
{N 1543968 -1, 09]826-00068 -01)
Present
Absent Aye Nay Abstain
David A. Bowers, Mayor
✓
V/
Court G. Rosen, Vice Mayor
7—
r/
William D. Bestpitch
�–
V,
Raphael E. Ferris
✓
Sherman P. Lea
✓
T
Anita J. Price
✓
T
David B. Trinkle
✓
��
WITNESS MY HAND and the seat of the City of Roanoke, Virginia, this day of
September, 2012.
Stephanie M. Moon, CMC,
Clerk, City of Roanoke, Virginia
[SEAL]
[SEAL]
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{N 1543968 -1, 09]826-00068 -01)
NO. TR -1
EXHIBIT A
[FORM OF TEMPORARY BOND]
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 2012
THE CITY OF ROANOKE, VIRGINIA (the "City "), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY ( "VPSA ") the principal amount of DOLLARS ($ ),
in annual installments in the amounts set forth on Schedule I attached hereto commencing on
June 1, 20 and continuing each June 1 thereafter to and including June 1, 20 (each a
'Principal Payment Date "), together with interest from the date of this Bond on the unpaid
installments, payable semi - annually on June 1 and December I of each year, commencing
[ 2013] (each an "Interest Payment Date," and together with any Principal Payment
Date, a 'Payment Date "), at the rate of % per annum, subject to redemption as hereinafter
provided. The principal of and interest and premium, if any, on this Bond are payable in lawful
money of the United States of America.
For as long as VPSA is the registered owner of this Bond, U.S. Bank National
Association, as bond registrar and paying agent (the 'Bond Registrar"), shall make all payments
of the principal of and interest and premium, if any, on this Bond, without the presentation or
surrender hereof, to or at the direction of VPSA, in immediately available funds at or before
11:00 a.m. on the applicable Payment Date or date fixed for payment or redemption. If a
Payment Date or date fixed for redemption is not a business day for banks in the Commonwealth
of Virginia or for the Commonwealth of Virginia, then the payment of the principal of and
interest and premium, if any, on this Bond shall be made in immediately available funds at or
before 11:00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed
for payment or redemption. Upon receipt by the registered owner of this Bond of said payments,
written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar,
and the City shall be fully discharged of its obligation on this Bond to the extent of the payment
so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for
cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the
principal of and interest and the premium, if any, on this Bond. The resolution adopted by the
City Council of the City on September 4, 2012 (the "Local Resolution "), authorizing the issuance
of this Bond provides, and Section 15.2 -2624, Code of Virginia 1950, as amended (the "Virginia
Code "), requires, that there shall be levied and collected an annual tax upon all taxable property
in the City subject to local taxation sufficient to provide for the payment of the principal of and
A -1
{Hi543968 -1, 099826AX6M I}
interest and premium, if any, on this Bond as the same shall become due which tax shall be
without limitation as to rate or amount and shall be in addition to all other taxes authorized to be
levied in the City to the extent other funds of the City are not lawfully available and appropriated
for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of
1991, Chapter 26, Title 15.2, of the Virginia Code, and the Local Resolution and a resolution
duly adopted by the School Board of the City to provide funds for capital projects for school
purposes.
This Bond is registered in VPSA's name on the books of the City kept by the Bond
Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond
only upon due execution of an assignment by such registered owner. Upon receipt of such
assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for a
substitute Bond, and register such substitute Bond on such registration books in the name of the
assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to optional prepayment or
redemption prior to their stated maturities without the prior written consent of VPSA, except as
set forth below.
Upon not less than 45 days' written notice from VPSA to the Bond Registrar and the City,
this Bond is subject to extraordinary mandatory redemption in whole or in part in an amount to
be specified by VPSA on a date to be fixed by VPSA in the event that VPSA determines that a
redemption of all or a portion of the VPSA Bonds allocable to this Bond is necessary to maintain
the status of the VPSA Bonds as "qualified tax credit bonds" and "qualified zone academy
bonds' under Sections 54A and 54E, respectively, of the Internal Revenue Code of 1986, as
amended (the "Code "). Circumstances under which VPSA may make such a determination may
include, but are not limited to, the failure of the City to cause 100% of the Available Project
Proceeds to be expended by the end of the Expenditure Period for Qualified Purposes, or there
occurs a Determination of Loss of QZAB Status with respect to all or any portion of the VPSA
Bonds due to a default by the City under the Use of Proceeds Certificate and Tax Compliance
Agreement dated the dated date hereof (the "Tax Compliance Agreement ").
The redemption price shall be equal to (i) the redemption price VPSA will be obligated to
pay in connection with the optional redemption or extraordinary optional redemption of the
allocable portion of the VPSA Bonds under Section 3.1 of the Fifth Supplemental Trust
Indenture dated as of October 1, 2012 (the "Fifth Supplemental Indenture "), between VPSA and
U.S. Bank National Association, as trustee, and (ii) any outstanding fees, costs and expenses for
which the City is or will become obligated to pay under paragraph 15 of the Local Resolution, all
as determined by VPSA.
Upon not less than 90 days' written notice from the City to VPSA, this Bond is also
subject to extraordinary optional redemption in whole or in part, as determined by the City, on a
date to be fixed by VPSA if, due to (i) any amendments by Congress to Section 54A, 54E, 54For
6431 or any other applicable sections of the Tax Code, or (ii) any guidance or changes to
A -2
(#1543968 - 1,099826 -00068 -01)
guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, there is
a reduction or elimination of the refundable credit to be received by VPSA with respect to the
VPSA Bonds. The redemption price shall be equal to (i) the redemption price VPSA will be
obligated to pay in connection with the optional redemption or extraordinary optional redemption
of the allocable portion of the VPSA Bonds under Section 3.1 of the Fifth Supplemental
Indenture and (ii) any outstanding fees, costs and expenses for which the City is or will become
obligated to pay under paragraph 15 of the Local Resolution, all as determined by VPSA.
Unless otherwise defined, each of the capitalized terms used in the foregoing three
paragraphs has the meaning given it in the Tax Compliance Agreement.
No notation is required to be made on this Bond of the redemption of principal. In such
circumstance, the outstanding principal balance of this Bond shall be equal to $ , less
the aggregate amount of any and all redemptions of principal which may have been made on this
Bond. HENCE, THE FACE AMOUNT OF THIS BOND MAY EXCEED THE PRINCIPAL
SUM REMAINING OUTSTANDING AND DUE HEREUNDER.
All ads, conditions and things required by the Constitution and laws of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this Bond have happened, exist and have been performed in due time, form and manner as so
required, and this Bond, together with all other indebtedness of the City, is within every debt and
other limit prescribed by the Constitution and laws of the Commonwealth of Virginia.
THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
A -3
{ #1543968- 1,077826 -00068 -01)
IN WITNESS WHEREOF, the City Council of the City of Roanoke has caused this Bond
to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice- Mayor,
its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and
this Bond to be dated October _, 2012.
CITY OF ROANOKE, VIRGINIA
City of Roanoke, Virginia
(SEAL)
ATTEST:
Clerk, City Council of the
City of Roanoke, Virginia
A -4
{ #1543968 - 1,07]826-00068 -01}
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof with full power of substitution in the premises.
Date:
Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements of
the Bond Registrar which requirements
will include Membership or participation
in STAMP or such other "signature
guarantee program" as may be determined
by the Bond Registrar in addition to, or in
substitution for, STAMP, all in accordance
with the Securities Exchange Act of 1934,
as amended.
f #1543968 - 1,099826 -00068 -011
Registered Owner
(NOTICE: The signature above must correspond
with the name of the Registered Owner as it
appears on the front of this Bond in every
particular, without alteration or change.)
A -5
SCHEDULEI
AMORTIZATION SCHEDULE
B -6
1#1543%8 -1, 099826-00M"1)
*CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Public Hearing on Issuance of General Obligation Bond for School Capital
Projects
Background:
The Commonwealth has granted Roanoke City Public Schools (RCPS) an opportunity for
$2,014,210 in interest -free Qualified Zone Academy Bonds (QZAB). The QZAB initiative is
a federal program that allows lenders, private business and schools to form a mutually
beneficial partnership to support education. The QZAB allocation can be applied to
certain schools with 35 percent or greater free lunch eligibility and that meet certain
other requirements. These QZABs must be issued by December 31, 2012.
The FYI - 17 adopted Capital Improvement Program (CIP) includes planned debt
issuance of $2 million in FYI and $5 million in FYI for School Capital Projects. Based
on the timing requirements of the QZAB program, projects initially planned for FYI will
be best suited for this program. Issuing debt of approximately $2,015,000 in FYI 3 rather
than FYI will have a minimal impact on the City's debt policy and on school debt service
expenditures. It will have no impact on the long term amount of debt issued as it
represents an increase in planned issuance in FYI and a corresponding decrease in
FY14.
The School Board adopted a resolution requesting the City of Roanoke issue a general
obligation bond in the form of a QZAB not to exceed $2,014,210. The proceeds will be
used to complete Phase II renovation work at Garden City Elementary and a portion of
Phase II and III of the TI 2 to T8 lighting project.
Recommended Action:
Following a public hearing, we recommend that City Council adopt the accompanying
resolution to authorize the issuance of a general obligation bond not to exceed
$2,014,210 for school capital projects.
A AWVER
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
til
UU
ROANOKE CITY
PUBLIC SCHOOLS
p: 540- 853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
School Board
September 4, 2012
David B. Carson
Chairman
The Honorable David Bowers, Mayor
Todd A. Putney
and Members of Roanoke City Council
Vice Chairman
Roanoke, VA 24011
Mae G. Huff
Annette Lewis
Dear Members of Council:
Suzanne P. Moore
As a result of official School Board action on August 14, 2012, the School
Lori E. Vaught
Richard Willis
Board approved the enclosed resolution requesting City Council issue
general obligation Qualified Zone Academy Bonds (QZAB) in an aggregate
Dr. Rita D. Bishop
not in excess of $2,014,210 with the objective of
superintendent
principal amount
providing up to $2,014,210 in net proceeds, to finance certain
Cindy H. Poulton
expenditures to complete Phase II renovation work at Garden City
Clerk of the Board
Elementary School, a portion of Phase II and a portion of Phase III of the
T12 to T8 Lighting Project.
The School Board requests that City Council authorize publication of a
notice of public hearing on the QZAB financing and adopt a bond
resolution to issue bonds in an aggregate principal amount not in excess of
$2,014,210 to finance a portion of the cost of the aforementioned
elementary projects.
The School Board thanks you for your continued support of the City's students.
Sincerely,
Cindy H. Poulton, Clerk
pc: Timothy Spencer Rita D. Bishop
Chris Morrill Curt Baker
Ann Shawver Margaret Lindsey
David B. Carson Acquenatta Harris
p: 540- 853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
August 14, 2012
RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO
ISSUE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BONDS FOR SCHOOL PURPOSES
AND CONSENTING TO THE ISSUANCE THEREOF
BE IT RESOLVED,
I. The School Board (the "School Board ") of the City of Roanoke, Virginia (the
City ") hereby (a) requests that the City Council of the City of Roanoke, Virginia
(the "City ") cause the City to issue its general obligation school bonds (the
"Bonds ") in an aggregate principal amount not in excess of $ 2,014,210 with
the objective of providing up to $ 2,014,210 in net proceeds, to finance certain
expenditures to complete Phase II renovation work at Garden City Elementary
School, a portion of Phase II and a portion of Phase III of the T12 to T8 Lighting
Project each of which constitutes a capital project for public school purposes,
and (b) consents to the issuance of the bonds.
2. Further, the School Board consents to the purchase of the Bonds by the Virginia
Public School Authority ( "VPSA ") as part of the VPSA's Fall 2012 issuance of
Qualified Zone Academy Bonds (the "VPSA QZABs ") and authorizes and
approves the filing of an application on behalf of the City and the School Board
to the Virginia Department of Education as part of the competitive evaluation
process for "qualified zone academy bond" volume cap allocation.
3. The Chairman of the School Board, the Superintendent of the schools of the
Roanoke City School Division (the "Schools "), and such other officer or officers
of the School Board or the Schools as either may designate are hereby
authorized and directed to execute and deliver on behalf of the School Board a
Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax
Compliance Agreement ") setting forth the expected use and investment of the
proceeds of the Bonds and containing such covenants as may be necessary for
the VPSA QZABs to qualify as and to remain as "qualified tax credit bonds,"
"qualified zone academy bonds" and "specified tax credit bonds" under
Sections 54A, 54E and 6431 of the Internal Revenue Code of 1986, as amended
(the 'Tax Code "), and the applicable regulations. The School Board covenants
on behalf of itself and the Schools under its governance that the School Board
and the Schools shall comply with the provisions of the Tax Compliance
Agreement and the Tax Code so that the VPSA QZABs will not lose their status
as "qualified tax credit bonds ", "qualified zone academy bonds" and "specified
tax credit bonds" under Sections 54A, 54E, and 6431 of the Tax Code.
4. The School Board hereby designates the academic programs conducted at
Garden City Elementary, Virginia Heights Elementary, Wasena Elementary,
Lucy Addison Middle, James Breckinridge Middle, Fairview Elementary, Fallon
Park Elementary, Fishburn Park Elementary, Hurt Park Elementary, Stonewall
Jackson Middle, Lincoln Terrace Elementary, Roanoke Academy for Math and
Science Elementary, Round Hill Elementary and Woodrow Wilson Middle Schools
(collectively, the "QZA Schools ") as qualified zone academy sites within the
meaning of Section 1397E(d)(4) of the Tax Code (each such program, a "QZA"),
and confirms the following with regard to each QZA:
a. The QZA is operated under the supervision of the School Board to provide
education and training below the post- secondary level;
b. The QZA has been and will continue to be designed in cooperation with
business to enhance the academic curriculum, increase graduation and
employment rates, and better prepare students for the rigors of college and
the increasingly complex workforce;
c. The students in the QZA will be subject to the same academic standards and
assessments as other students educated by the School Board;
d. The comprehensive education plan of the QZA has been and will continue to be
approved by the School Board; and
e. The School Board reasonably expects that at least 35 percent of the students
participating in the QZA will be eligible for free lunches under the school lunch
program established under the National School Lunch Act.
5. The School Board specifies as "qualified contributions" for purposes of Section
54E(d)(4) of the Tax Code the property and services listed in Exhibit A,
together with any other property or service (including cash contributions) given
or to be given by qualifying private entitles to support the continued operation
of the QZA Schools as a "qualified zone academy" within the meaning of
Section 54E(d)(1) of the Tax Code, as determined by the Superintendent of
Schools. The School Board hereby finds that the property and services listed in
Exhibit A will assist in achieving the educational objectives of the QZA Schools,
including without limitation the objectives set forth in paragraph 41b above.
6. The Superintendent of Schools and any officers he or she may designate are
authorized and directed to take such further actions as they deem necessary or
appropriate regarding the issuance of the Bonds by the City and the issuance of
the VPSA QZABs. These actions may encompass the preparation, execution and
delivery of instruments, agreements and documents related to the issuance and
sale of the Bond, including documents necessary to demonstrate compliance
with Section 54E of the Tax Code. All actions previously taken by such officers
in connection with the issuance and sale of the Bonds and the VPSA QZABs are
hereby ratified and confirmed.
HEREBY
7. This resolution shall take effect immediately by the following recorded vote:
The undersigned Clerk of the School Board of the City of Roanoke, Virginia, hereby
certifies that the foregoing constitutes a true and correct extract from the minutes of
a meeting of the School Board held on the 14th day of August, 2012.
WITNESS my siv�nature and the seal of the School Board of the City of Roanoke,
Virginia this 14 h day of August, 2012.
Clerk, Scho Card of the City of Roanoke, Virginia
Yea Nay
David B. Carson, Chair
Todd Putney, Vice Chair
Mae G. Huff
—
Annette Lewis
—
Suzanne P. Moore
—
Lori A. Vaught
—
Richard Willis
—
The undersigned Clerk of the School Board of the City of Roanoke, Virginia, hereby
certifies that the foregoing constitutes a true and correct extract from the minutes of
a meeting of the School Board held on the 14th day of August, 2012.
WITNESS my siv�nature and the seal of the School Board of the City of Roanoke,
Virginia this 14 h day of August, 2012.
Clerk, Scho Card of the City of Roanoke, Virginia
WOODS ROGERS PLC
10 S JEFFERSON ST
ROANOKE VA 24011
REFERENCE: 80028823
13077703
State of Virginia
City of Roanoke
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
NOTICE OF PUBLIC HEA
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
Vv in is. Sworn and subscribed before me this
day of September 2012 Witness my hand and
official seal.
Notary Public
PUBLISHED ON: 08 /10 08/17
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PUBLIC
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TOTAL COST: 378.16
FILED ON: 09/04/12
__ _______________________________
NOTICE OF PUBLIC
NEARING ON
PROPOSED BOND
FINANCING BY THE
CITY OF ROANOKE,
VIRGINIA
ended ahereby gnen that
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Authorized
Signature: /_Q la Billing Services Representative
��
NOTICE OF PUBLIC HEARING ON
PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA
Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council ")
will hold a public hearing, which may be continued or adjourned, as required under applicable
law, at 2:00 P.M. on September 4, 2012, at the Municipal Building, 215 Church Avenue, S.W.
Roanoke, Virginia, in connection with the intention of the Council to consider for passage a
resolution or resolutions approving the issuance by the City of its general obligation bonds in an
amount estimated not to exceed $2,014,210 for the purpose of financing certain rehabilitations,
repairs and /or equipment for schools in the City of Roanoke (the foregoing bonds, the "Bonds" ).
Any citizen interested in the issuance of the Bonds may appear and be heard. If you are a person
with a disability who needs accommodations for this hearing, please contact the City Clerk's
Office (853- 2541), before 12:00 noon on Thursday, August 30, 2012.
Given under my hand this 10th day of August, 2012.
(#1546990 - 1,0'1]826-00068 -01)
Stephanie M. Moon, CMC, City Clerk
Roanoke, Virginia
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.,Suite 456
= ti Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
September 6, 2012
Christopher Morrill The Honorable Evelyn W. Powers
City Manager Treasurer
Roanoke, Virginia Roanoke, Virginia
Dear Ms. Powers and Mr. Morrill:
Your joint communication recommending that the City of Roanoke participate as a
charter locality in establishing a new investment program for local govemments
administered by VMLNACo Finance, was before the Council of the City of Roanoke at
its regular meeting held on Tuesday, September 4, 2012.
On motion, duly seconded and unanimously adopted, the matter was tabled.
Sincerely, Ill
Stephanie M. Moon, MMC
City Clerk
pc: Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE approving a Joint Exercise of Powers Agreement between the County
of Arlington, the County of Chesterfield, and the City of Roanoke, Virginia, for creation of the
VACo/VML Virginia Investment Pool.
WHEREAS, the purpose is to establish a trust,trusts, or equivalent arrangements for the
purpose of investing any and all moneys belonging to or within the City's control, other than
sinking funds, in certain authorized investments in accordance with Section 2.2-4501 of the
Virginia Code.
WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality
shall provide for all the governmental functions of the locality, including, without limitation, the
organization of all departments, offices, boards, commissions and agencies of government, and
the organizational structure thereof, which are necessary to carry out the functions of
government;
WHEREAS, Section 2.2-4501 of the Virginia Code provides that all municipal
corporations and other political subdivisions may invest any and all moneys belonging to them or
within their control, other than sinking funds, in certain authorized investments;
WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege
or authority exercised or capable of exercise by any political subdivision of the Commonwealth
of Virginia may be exercised and enjoyed jointly with any other political subdivision of the
Commonwealth having a similar power, privilege or authority pursuant to agreements with one
another for joint action pursuant to the provisions of that section;
WHEREAS, any two or more political subdivisions may enter into agreements with one
another for joint action pursuant to the provisions of Section 15.2-1300 of the Virginia Code
provided that the participating political subdivisions shall approve such agreement before the
agreement may enter into force;
WHEREAS, Evelyn Powers, the duly elected Treasurer of the City of Roanoke, has the
authority and responsibility under Virginia law to determine the manner in which City funds
under her control will be invested; and
WHEREAS, the County of Arlington, the County of Chesterfield, and the City of
Roanoke, Virginia, have determined to jointly establish and participate in the VACo/VML
Virginia Investment Pool (the "Trust Fund") for each such city and county.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Roanoke City Council, hereby establishes a trust pursuant to Section 2.2-4501 of
the Virginia Code for the purpose of investing any and all moneys belonging to it or within its
control, other than sinking funds, in certain authorized investments, in the form set forth in the
VACo/VML Virginia Investment Pool Trust Fund Agreement (the "Agreement"), a copy of
which is attached to the City Treasurer's Agenda Report dated September 4,2012, as Exhibit A.
2. Roanoke City Council agrees to become a "Participating Political Subdivision" in
the "VACo/VML Virginia Investment Pool" (hereinafter, the"Trust Fund"), as further defined in
the Agreement.
3. Roanoke City Council designates the Roanoke City Treasurer to serve as the
trustee of the City of Roanoke with respect to the Trust Fund and to determine what funds under
the Treasurer's control shall be invested in the Trust Fund.
4. Roanoke City Council authorizes the Treasurer to execute and deliver the Trust
Joinder Agreement for Participating Political Subdivisions under VACoNML Virginia
Investment Pool ("Trust Joinder Agreement") in a form approved by the City Attorney, a copy of
which is attached to the City Treasurer's Agenda Report as Exhibit B.
5. This ordinance shall be in full force and effect upon passage of an ordinance by
the governing body of any two of the County of Arlington, the County of Chesterfield, and the
City of Roanoke, Virginia, approving their participation, respectively, in the Trust Fund as
Participating Political Subdivisions and such other events as are required under the definition of
"Effective Date"in the Agreement.
6. The City Clerk is directed to provide a copy of the attested Ordinance to Robert
Lauterberg, Managing Director, VMLNACo Finance, 919 East Main Street Suite 1100
Richmond, VA 23219.
ATTEST:
City Clerk.
0 not
vr- CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Ordinance Creating the VACo/VML Virginia Investment Pool Trust
Fund Through Joint Exercise of Powers with Chesterfield and
Arlington Counties
Background:
The Virginia Municipal League has invited the City of Roanoke to participate as
a charter locality in establishing a new investment program for local
governments. The program will provide the means by which political
subdivisions may invest jointly in relatively short-term, conservative fixed
income investments which are authorized under state law. The program will be
administered by VML/VACo Finance, the administrator for the VACo/VML
Pooled OPEB Trust, in which the City has participated since 2008. The Virginia
Investment Pool (VIP) will be a collective undertaking by the cities, counties, and
towns of the Commonwealth in accordance with Code of Virginia § 15.2-
1300: Joint exercise of powers by political subdivisions. To establish the
program, three local governments will jointly create a trust fund by adopting
ordinances for this purpose, after which additional local governments are
expected to join over time.
Considerations:
The initial purpose of the VACo/VML Virginia Investment Pool (the "Pool") is to
provide an investment alternative that local governments may use to invest
assets that they intend to hold for six months or longer. The Pool's assets will
be professionally managed. Currently, VML/VACo Finance is being advised by
U.S. Bank Asset Management on the structure of the initial portfolio. The initial
Board of Trustees will select the initial asset manager as one of its first items of
business.
By participating in a pooled investment program, participating local
governments will have less risk exposure to individual investments and enjoy
greater liquidity than if they were to construct a similar portfolio on their own.
The program is intended to supplement the Local Government Investment Pool
(LGIP) which is administered by State Treasury. The LGIP is structured as a
money market fund offering daily liquidity. As such, LGIP's net rate of return
(after expenses) currently is just 0.14%. In contrast, the VIP program will
Honorable Mayor and Members of Council
September 4, 2012
Page 2
provide weekly, or at least semi-monthly, liquidity thereby permitting the
selection of underlying investments that produce higher rates of return than
would an overnight fund. The VIP's net rate of return (after expenses) is
expected to be two-to-three times higher than LGIP.
In establishing the new program, VML and VACo are following a model that is
identical to the successful VACo/VML Pooled OPEB Trust. The OPEB Trust,
established in 2008, is now the largest pooled trust fund in the nation
dedicated for the purpose of funding health insurance and other post-
employment benefits (OPEB). In establishing the OPEB Trust program, two local
governments - Fairfax County and Henrico County - initially adopted
ordinances to create a trust fund for this purpose. Similarly, VML and VACo
have approached three local governments - the City of Roanoke, along with
Chesterfield County and Arlington County - to establish the VIP program.
Upon adoption of an ordinance by the local governments, the VIP trust fund will
be established and a Board of Trustees will be organized. The three founding
participants will automatically be entitled to representation on the Board of
Trustees for an initial three-year term. Initially, six other voting trustees will be
appointed by VML and VACo to one-year terms. Thereafter, trustees will be
elected by participants in the program. The Executive Directors of VML and
VACo will serve in a non-voting ex officio capacity.
Following the organizational meeting of the Board of Trustees, VML and VACo
will mail an invitation to participate in the program to each city, town, and
county in Virginia along with a model ordinance. Those wishing to participate
in the VIP will provide VML/VACo Finance with a copy of the approved ordinance
and a copy of the written investment policy for the locality. Program operations
are expected to commence by fall 2012.
Recommended Actions:
Adopt an ordinance to accomplish the following:
1 . Establish a trust for the purpose of receiving investments by political
subdivisions participating in the VACo/VML Virginia Investment Pool.
The Trust will be established through the joint exercise of powers of
the City of Roanoke, the County of Chesterfield, and the County of
Arlington;
2. Agree to become a Participating Political Subdivision in the VACo/VML
Virginia Investment Pool;
2
Honorable Mayor and Members of Council
September 4, 2012
Page 3
3. Designate the City Treasurer to serve as the City's trustee to the VIP
Trust Fund and to determine what funds under the Treasurer's
control, if any, will be invested in the VIP Trust Fund. The Treasurer
will use her normal and customary discretion in determining whether,
and to what extent, to invest in the VIP Trust.
/� //
EVEL N W. POWERS CHRISTOPHER P. MORRILL
City Treasurer City Manager
Attachments:
Ordinance
VACo/VML Virginia Investment Pool Trust Fund Agreement (Exhibit A)
Trust Joinder Agreement (Exhibit B)
c: Council Appointed Officers
3
Exhibit A
WORKING COMMITTEE DRAFT-REVISED JULY 26,2012
VIRGINIA INVESTMENT POOL
TRUST FUND AGREEMENT
THIS AGREEMENT (the "Agreement'), is made by and among the Participating
Political Subdivisions that execute Trust Joinder Agreements to participate in the Virginia
investment Pool Trust Fund, their duly elected Treasurers or other Chief Investment Officers
empowered by law to invest the public funds of such Participating Poliitcal Subdivisions,and the
individuals named as Trustees pursuant to Section 106 hereof and their successors(the"Board of
Trustees"). The Participating Political Subdivisions and their Treasurers or Chief Investment
Officers hereby establish with the Board of Trustees, and the Board of Trustees hereby accepts,
under the terms of this Agreement, a trust for the purpose of investing monies belonging or
within the control of the respective Participating Political Subdivisions as allowed by law.
WITNESSETII:
WHEREAS,Section 15.2-1500 of the Virginia Code provides,in part,that every locality
shall provide for all the governmental functions of the locality, including,without limitation, the
organization of all departments, offices, boards, commissions and agencies of government, and
the organizational structure thereof, which are necessary to carry out the functions of
government;and
WHEREAS, Section 2,2-4501 of the Virginia Code provides that all municipal
corporations and other political subdivisions may invest any and all moneys belonging to them or
within their control,other than sinking funds,in certain authorized investments;and
WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege
or authority exercised or capable of exercise by any political subdivision of the Commonwealth
of Virginia may be exercised and enjoyed jointly with any other political subdivision of the
Commonwealth having a similar power, privilege or authority pursuant to agreements with one
another for joint action pursuant to the provisions of that section; and
WHEREAS, the , the and the _ have adopted
ordinances approving participation in the Virginia Investment Pool for each such locality;and
WHEREAS, the Participating Political Subdivisions and their Treasurers or Chief
Investment Officers and the Board of Trustees of the Virginia Investment Pool Trust Fund
(herein referred to as the "Trust Fund") hereby establish a trust for the purpose of investing
monies belonging or within the control of the Participating Political Subdivisions, respectively,
other than sinking funds,in investments authorized under Section 2.2-4501 of the Virginia Code;
and
WHEREAS, the parties intend that the 'Ernst Fund hereby established shall constitute a
tax-exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as
amended;
1
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
NOW,THEREFORE,the parties hereto mutually agree as follows:
PART 1-GENERAL PROVISIONS
Section 100. APPLICATION.
The provisions of Part 1 are general administrative provisions applicable to each Part of
this Agreement and provisions applicable to the Board of Trustees.
Section 101. DEFINITIONS.
The following definitions shall apply to this Agreement, unless the context of the term
indicates otherwise, and shall govern the interpretation of this Agreement:
A. Administrator. The term"Administrator" means the Virginia Local Government
Finance Corporation(d/b/a"VML/VACo Finance")or any successor designated by the Board of
Trustees to administer the"I rust Fund.
B. Code. The term"Code"means the Internal Revenue Code of 1986, as amended,
and,as relevant in context,the Internal Revenue Code of 1954,as amended.
C, Custodian. The term `Custodian" means the banks, mutual funds, insurance
companies or other qualified entities selected by the Board of Trustees, under a separate written
document with each,to hold the assets of the Trust Fund.
D. Effective Date. The term"Effective Date"means the date coinciding with the last
to occur of each of the following events: (i)passage of an ordinance by each of the
the , and the approving such governmental entities as Participating
Political Subdivisions in the Trust Fund; (ii)execution by the authorized officer of eacn such
governmental entity of the Trust Joinder Agreement; (iii)execution of this Agreement by all
members of the initial Board of Trustees and the Administrator;and(iv)any contribution of cash
to the Trust by a Participating Political Subdivision.
E. Participating Political Subdivision. The term"Participating Political Subdivision"
means(i)any county,city, or town within the State,or(ii)any other political subdivision within
the State whose governing body has passed an ordinance or resolution to participate in the Trust
Fund, and whose Treasurer or Chief Investment Officer,serving as trustee for such Participating
Political Subdivision,executes a Trust Joinder Agreement as provided in Section 301 hereof.
P. Treasurer. The term "Treasurer" means an officer described in Article VII,
Section 4, of the Constitution of Virginia who shall serve as the trustee and representative of its
Participating Political Subdivision for purposes of this Agreement. Treasurers shall vote the
beneficial interest of such Participating Political Subdivision in the Trust Fund, as prescribed in
Part 3 of this Agreement.Nothing in this agreement shall be construed to limit the discretion ofa
duly elected Treasurer to invest the public funds of his or her political subdivision in any manner
otherwise permitted by law, not shall the decision of any local governing body to become a
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
Participating Political Subdivision under this agreement compel any duly elected Treasurer
having responsibility for such investments of public funds to invest any the locality's funds in
the Trust Fund created under this Agreement.
G. Chief Investment Officer. The tenn"Chief Investment Officer"means an officer
designated by the governing body of a Participating Political Subdivision to invest public funds
on behalf of the political subdivision and to serve as the trustee of such Participating Political
Subdivision with respect to the Trust Fund,but only in a political subdivision that does not have
an elected treasurer empowered by law to perform those functions. The term"Chief Investment
Officer" may include certain individuals holding the title of "treasurer" for the political
subdivision but who are not included in the definition in Subsection F. Each Treasurer or Chief
Investment Officer, as the case may be, shall be the trustee and representative of his or her
Participating Political Subdivision for purposes of this Agreement and shall vote the beneficial
interest of such Participating Political Subdivision in the Trust Fund, as prescribed in Part 3 of
this Agreement.
H. Fiscal Year. The first fiscal year of the Trust Fund shall be a short fiscal year
beginning on the Effective Date of this Agreement and ending on June 30, 2013. Each
subsequent fiscal year of the Trust Fund shall begin on the first day of July and end on the
thirtieth day of June.
L Investment Policy. The term"Investment Policy" means the Virginia Investment
Pool Trust Fund Investment Policy, as established by the Board of Trustees, as amended from
time to time.
7. Stale. The term"State"means the Commonwealth of Virginia.
K Trust Fund. The term "Trust Fund" means the Virginia Investment Pool Trust
Fund,comprised of all of the assets set aside hereunder.
L. Trust Joinder Agreement. The term "Trust Joinder Agreement" means the
agreement,in the form attached hereto as Exhibit A,pursuant to which the Participating Political
Subdivision joins in the Trust Fund, with the Treasurer or Chief Investment Officer, as the case
may be, serving as the trustee of such Participating Political Subdivision,and agrees to be bound
by the terms and conditions of the Virginia Investment Pool Trust Fund Agreement, as provided
in Section 301 hereof
M. Trustees, The term"Trustees'means the individuals who serve on the Board of
Trustees of the Trust Fund pursuant to Section 106 hereof and their successors.
N. Virginia Code. The term"Virginia Code" means the laws embraced in the titles,
chapters, articles and sections designated and cited as the"Code of Virginia,"under the laws of
the State.
Section 102, GENERAL DUTIES AND MEETINGS OF THE BOARD OF TRUSTEES,
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
A. General Duties. The Board of Trustees and each Investment Manager appointed
pursuant to this Agreement shall discharge their respective duties under this Agreement solely as
follows: (i)except as otherwise provided by any applicable provision of any statute,regulation,
ordinance, or resolution, for the exclusive purpose of fulfilling the investment objectives of the
Participating Political Subdivisions and defraying the reasonable expenses of administering the
Trust Fund; (ii)with the care, skill, prudence and diligence under the circumstances then
prevailing that a prudent person acting in a like capacity and familiar with such 'natters would
use in the conduct of an enterprise of like character and with the same aims; and (iii)by
diversifying the investments of the Trust Fund so as to minimize the risk of large losses unless
under the circumstances, it is clearly prudent not to do so. However, the duties and obligations
of the Board of Trustees and each Investment Manager,respectively, as such,shall be limited to
those expressly imposed upon them, respectively, by this Agreement. The Board of Trustees
shall administer the Trust Fund in compliance with Chapter 45 of the Virginia Code(2.24500 el,
seq.)
1. Authority of the Trustees. The Trustees shall have the power and
authority and shall be charged with the duty of general supervision and operation of the
Trust Fund,and shall conduct the business and activities of the Trust Fund in accordance
with this Agreement, the Trust Joinder Agreements. bylaws, rules and regulations
adopted by the Board of Trustees and applicable law.
2. Trustees' Liabilities. No Trustee shall be liable for any action taken
pursuant to this Agreement in good faith or for an omission except bad faith or gross
negligence,or for any act of omission or commission by any other Trustee. The Trustees
are hereby authorized and empowered to obtain, at the expense of the Trust Fund,
liability insurance fully protecting the respective 'trustees, the Administrator, and the
Trust Fund from any loss or expense incurred, including reasonable attorney's fees, for
all acts of the Trustees except bad faith or gross negligence. The Trust Fund shall save,
hold harmless and indemnify the Trustees and Administrator from any loss, damage or
expense incurred by said persons or entities while acting in their official capacity
excepting bad faith or gross negligence.
3. Standard of Review. In evaluating the performance of the Trustees,
compliance by the Trustees with this Agreement must be determined in light of the facts
and circumstances existing at the time of the Trustees' decision or action and not by
hindsight.
4. Limitations on Liabilities. The Trustees' responsibilities and liabilities
shall be subject to the following limitations:
(a) The Trustees shall have no duties other than those expressly set
forth in this Agreement and those imposed on the Trustees by applicable laws.
(b) The Trustees shall be responsible only for money actually received
by the Trustees,and then to the extent described in this Agreement.
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
(c) The Trustees shall not be responsible for the correctness of any
determination of payments or disbursements from the Trust Fund.
(d) The Trustees shall have no liability for the acts or omissions of any
predecessor or successor in office.
(e) The Trustees shall have no liability for(i)the acts or omissions of
any Investment Advisor or Advisors,or Investment Manager or Managers (ii)the
acts or omissions of any insurance company; (iii)the acts or omissions of any
mutual fund; or (iv)following directions that are given to the Trustees by the
Treasurer or Chief Investment Officer in accordance with this Agreement.
B. Reliance on Counsel. The Board of Trustees may employ, retain or consult with
legal counsel, who may be counsel for the Administrator, concerning any questions which may
arise with reference to the duties and powers or with reference to any other matter pertaining to
this Agreement; and the opinion of such counsel shall he full and complete authorization and
protection in respect of any action taken or suffered by the Trustees in good faith in accordance
with the opinion of such counsel,and the Trustees shall not be individually or collectively liable
therefor.
C. Meetin s. The Board of Trustees shall meet at least three times per year, and
more frequently if called, at the principal office of the Trust Fund or at such other location as
may be acceptable to a majority of the Trustees. One such meeting of the Board of Trustees
shall be held as soon as practicable after the adjournment of the annual meeting of Treasurers or
Chief Investment Officers of Participating Political Subdivisions at such time and place as the
Board of Trustees may designate. Other meetings of the Board of Trustees shall be held at
places within the Commonwealth of Virginia and at times fixed by resolution of the Board of
Trustees, or upon call of the Chairperson of the Board or a majority of the Trustees, on not less
than ten (10)days advance notice. Such notice shall be directed to the Trustees by mail to the
respective addresses of the Trustees as recorded in the office of the Trust Fund. The notice of
any special meetings of the Board of Trustees shall state the purpose of the meeting.
A majority of the number of Trustees elected and serving at the time of any
meeting shall constitute a quorum for the transaction of business. Proxy voting is not allowed.
The act of a majority of Trustees present at a meeting at which a quorum is present shall be the
act ofthe Board of Trustees. Less than a quorum may adjourn any meeting.
D. Office of the Trust Fund. The Administrator shall establish, maintain and provide
adequate funding for an office for the administration of the Trust Fund. The address of such
office is to he made known to the parties interested in or participating in the Trust Fund and to
the appropriate governmental agencies. The books and records pertaining to the Trust Fund and
its administration shall be kept and maintained at the office ofthe Trust Fund.
E. Execution of Documents. A certificate signed by a person designated by the
Board of'trustees to serve as Secretary shall be evidence of the action of the Trustees,and any
5
WORKING COMMITTEE DRAFT-REVISED JULY 26,2012
such certificate or other instrument so signed shall be kept and maintained at the office of the
Trust Fund and may be relied upon as an action of the Trustees.
F. Appointment and Removal of Administrator. The Virginia Local Government
Finance Corporation is hereby initially designated the Administrator pursuant to an
administrative services agreement between the parties. The Board of Trustees shall provide
compensation for the Administrator to administer the affairs of the Trust Fund. Any three (3)
Trustees may call for a vote of the Board of Trustees to remove the Administrator by providing
no less than 30 days' notice to the other Trustees and to the Administrator. Provided there is
sufficient notice given,a vote will be scheduled at the next meeting of the Board of Trustees at
which the Administrator may be removed on a three-fourths (%) vote of the Trustees. Upon
removal of the Administrator,the Board of Trustees shall designate a successor Administrator.
G. Duty to Furnish Information. The Treasurers or Chief Investment Officers and
the Board of Trustees shall furnish to each other any document,report,return, statement or other
information that the other reasonably deems necessary to perform duties imposed under this
Agreement or otherwise imposed by law.
H. Reliance on Communications. The Board of Trustees may rely upon a
certification of a Treasurer or Chief Investment Officer with respect to any instruction,direction,
or approval of its Participating Political Subdivision and may continue to rely upon such
certification until a subsequent certification is filed with the Trustees. The Trustees shall have no
duty to make any investigation or inquiry as to any statement contained in any such writing but
may accept the same as fully authorized by the Treasurer or Chief Investment Officer and its
Participating Political Subdivision.
Section 103, ADMNISTRATIVE POWERS AND DUTIES.
A. Trustees. The Board of Trustees, in addition to all powers and authorities under
common law or statutory authority, including Chapter 45 of the Virginia Code(00 2.2-0500 et
seq.).shall have and in its sole and absolute discretion may exercise from time to time and at any
time, either through its own actions, delegation to the Administrator, or through a Custodian
selected by the Board of Trustees, the following administrative powers and authority with respect
to the Trust Fund:
1. To receive for the purposes hereof all cash contributions paid to it by or at
the direction of the Participating Political Subdivisions or their Treasurers or Chief
Investment Officers.
2. To hold, invest, reinvest, manage.administer and distribute cash balances
as shall be transferred to the Trustees from time to time by the Participating Political
Subdivisions or their Treasurers or Chief Investment Officers and the increments,
proceeds,earnings and income thereof for the exclusive benefit of Participating Political
Subdivisions.
6
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
3. To continue to hold any property of the Trust Fund that becomes
otherwise unsuitable for investment for as long as the Board of Trustees in its discretion
deems desirable; to reserve from investment and keep unproductive of income, without
liability for interest, cash temporarily awaiting investment and such cash as it deems
advisable, or as the Administrator from time to time may specify, in order to meet the
administrative expenses of the Trust Fund or anticipated distributions therefrom.
4. To hold property of the Trust Fund in the name of the Trust Fund or in the
name of a nominee or nominees, without disclosure of the trust,or in bearer form so that
it will pass by delivery, but no such holding shall relieve the Board of Trustees of its
responsibility for the safe custody and disposition of the Trust Fund in accordance with
the provisions of this Agreement; the books and records of the Board of Trustees shall
show at all times that such property is part of the Trust Fund and the Board of Trustees
shall he absolutely liable for any loss occasioned by the acts of its nominee or nominees
with respect to securities registered in the name of the nominee or nominees.
5. To employ in the management of the Trust Fund suitable agents, without
liability for any loss occasioned by any such agents, selected with the care, skill,
prudence and diligence under the circumstances then prevailing that a prudent person
acting in a like capacity and familiar with such matters would use in the conduct of an
enterprise ofa like character and with the same aims.
6. To make, execute and deliver, as trustee, any deeds, conveyances, leases,
mortgages,contracts, waivers or other insuuments in writing that it may deem necessary
or desirable in the exercise of its powers under this Agreement.
7. To do all other acts that it may deem necessary or proper to carry out any
of the powers set forth in this Section 103 or Section 202,to administer or carry out the
purposes of the Trust Fund, or as otherwise is in the best interests of the Trust Fund;
provided, however, the Board of Trustees need not take any action unless in its opinion
there are sufficient Trust Fund assets available for the expense thereof.
S. To adopt bylaws governing the Trustees' operations and procedures.
9. To contract with municipal corporations, political subdivisions and other
public entities of State or of local government and private entities for the provision of
Trust Fund services and for the use or furnishing of services and facilities necessary,
useful,or incident to providing Trust Fund services.
10. To advise the Administrator on the establishment of expectations with
regard to the provision of administrative services and the establishment of appropriate fee
levels.
II. To establish and charge fees for participation in the Trust Fund and for
additional administrative services provided to a Participating Political Subdivision in
addition to any fees charged by other administrative service providers.
7
•
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
12. To collect and disburse all funds due or payable from the Trust Fund,
under the terms of this Agreement.
13. To provide for and promulgate all rules, regulations, and forms deemed
necessary or desirable in contracting with Treasurers and Chief Investment Officers and
their Participating Political Subdivisions, in fulfilling the Trustees' purposes and in
maintaining proper records and accounts.
14. To employ insurance companies, banks, trust companies, investment
brokers, investment advisors, or others as agents for the receipt and disbursement of
funds held in trust for Participating Political Subdivisions.
15. To determine,consistent with the applicable law and the procedures under
the Trust Fund,all questions of law or fact that may arise as to investments and the rights
of any Participating Political Subdivision to assets of Trust Fund.
16. Subject to and consistent with the Code and the Virginia Code,to construe
and interpret the Trust Agreement and to correct any defect, supply any omissions, or
reconcile any inconsistency in the Agreement.
17. To contract for, purchase or otherwise procure insurance and investment
products.
B. Administrator. Pursuant to an administrative services agreement between the
Board of Trustees and the Administrator,the Administrator shall have the power and authority to
implement policy and procedural matters as directed by the Board of Trustees as they relate to
the ongoing operation and supervision of the 'Trust Fund and the provisions of this Agreement
and applicable law.
Section 104. TAXES,EXPENSES AND COMPENSATION OF TRUSTEES.
A. Taxes. The Administrator, without direction from the Board of Trustees, shall
pay out of the Trust Fund all taxes, if any.imposed or levied with respect to the Trust Fund, or
any part thereof, under applicable law, and,in its discretion, may contest the validity or amount
of any tax,assessment,claim or demand respecting the Trust Fund or any part thereof
B. Expenses and Compensation. The Board of Trustees is authorized to set aside
from Participating Political Subdivision contributions received and the investment income earned
thereon a reasonable sum for the operating expenses and administrative expenses of the Trust
Fund including but not limited to,the employment of such administrative, legal, accounting,and
other expert and clerical assistance, and the purchase or lease of such materials, supplies and
equipment as the Board of Trustees, in its discretion, may deem necessary or appropriate in the
performance of its duties, or the duties of the agents or employees of the Rust Fund or the
Trustees.
8
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
By resolution of the Board of Trustees, Trustees may he provided reasonable
reimbursement for expenses for attendance at all meetings and for expenses incurred in
connection with their responsibilities as Trustees.
All remaining funds coming into the Trust shall be set aside, managed and used
only for the benefit of Participating Political Subdivisions.
Section 105. COMMUNICATIONS.
Until notice is given to the contrary, communication to the Trustees or to the
Administrator shall be sent to them at the Trust Fund's office in care of the Administrator. The
Administrator's address is VMLNACo Finance at 919 E. Main Street, Suite 1100 Richmond,
VA 23219.
Section 106. APPOINTMENT,RESIGNATION OR REMOVAL OF TRUSTEES.
A. Appointment of Trustees and Length of Appointment. The number of Trustees
serving on the Board of Trustees shall be eleven(I I).
1. The initial group of Trustees to establish the Trust Fund will be comprised
as follows: (a) the Treasurer or Chief Investment Officer of the _ . (b)the
Treasurer or Chief Investment Officer of the (c)the Treasurer or Chief
Investment Officer of the ,(d)three(3) individuals designated by the Board
of Directors of the Virginia Association of Counties("VACo"),(e) three(3) individuals
designated by the Board of Directors of the Virginia Municipal League("VML"), (f)the
Executive Director of VACo, who shall serve as a non-voting ex officio trustee, and (g)
the Executive Director of VML,who shall serve as a non-voting ex officio trustee. VACo
and VML shall give priority for appointment,firstly, to Treasurers and Chief Investment
Officers of Participating Political Subdivisions and, secondly, to treasurers and chief
investment officers of non-participating political subdivisions. The appointees of VACo
and VML shall serve until successor trustees are elected at the first annual meeting of the
Treasurers and Chief Investment Officers.
2. With the first annual meeting of the Treasurers and Chief Investment
Officers, the Board of Trustees shall be divided into three classes: Class A, which
includes representatives of the Treasurers and Chief Investment Officers of the three
founding Participating Political Subdivisions, shall continue to serve until successor
trustees are elected at the annual meeting of the Treasurers and Chief Investment Officers
to be held in Fiscal Year 2016(the"Fiscal Year 2016 annual meeting"));Class B, which
will serve until successor trustees are elected at the annual meeting to be held in Fiscal
Year 2017 (the"Fiscal Year 2017 annual meeting"), and Class C.which will serve for a
transitional period until successor trustees are elected at the annual meeting to be held in
Fiscal Year 2015.
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WORKING COMMITTEE DRAFT-REVISED JULY 26,2012
One of the Class B seats and one of the Class C seats will be designated to
be filled by a Treasurer or Chief Investment Officer of a locality with a population of
75,000 or less,according to the latest decennial census. Individuals who do not meet this
requirement may not be nominated for a seat so designated.
2. On or after July 1, 2013, the Trustees shall solicit nominations from the
Treasurers and Chief Investment Officers for Class B and Class C Trusteeships,and such
nominees, along with any nominations from the floor, shall constitute the candidates for
the election of Trustees by vote at the Fiscal Year 2014 annual meeting of the Treasurers
and Chief Investment Officers as provided in Section 307. In the event that there are not
a sufficient number of eligible nominees, nominations will be provided by the Executive
Directors of the Virginia Association of Counties and the Virginia Municipal League.
VACo and VML shall give priority for nomination, firstly, to Treasurers and Chief
Investment Officers of Participating Political Subdivisions and, secondly, to treasurers
and chief investment officers of non-participating political subdivisions.
3. On or after July I, 2014, the Trustees shall solicit nominations from
Treasurers and Chief Investment Officers for Class C Trusteeships, and such nominees,
along with any nominations from the floor, shall constitute the candidates for the election
of Trustee by vote at the Fiscal Year 2015 annual meeting of the Treasurers and Chief
Operating Officers as provided in Section 307. In the event that there are not a sufficient
number of eligible nominees,nominations will be provided by the Executive Directors of
the Virginia Association of Counties and the Virginia Municipal League. VACo and
VML shall give priority for nomination, firstly, to Treasurers and Chief Investment
Officers of Participating Political Subdivisions and, secondly, to treasurers and chief
investment officers of non-participating political subdivisions.
4. At each annual meeting of Treasurers and Chief Investment Officers
following the transitional period,the successors to the class of Trustees whose terms shall
then expire shall be identified as being of the same class as the trustees they succeed and
elected to hold office for a term expiring at the third succeeding annual meeting of
Treasurers and Chief Investment Officers. Trustees shall hold their offices until the next
annual meeting of Treasurers and Chief Investment Officers for such Trustee's respective
Class and until their successors are elected and qualify.
5. At each annual meeting of the Treasurers and Chief Investment Officers,
the incumbent Trustees will present all nominations received for each class of Trustees
(A, B, and/or C)for which an election is to be held and entertain nominations from the
floor. If a Treasurer or Chief Investment Officer does not designate a particular class for
its nominee(s), such names will be included on the lists of eligible nominees for each
class for which an election is to be held unless the individual named is elected to another
seat.
6. No individual Trustee may he elected or continue to serve as a Trustee
after becoming an owner, officer or employee of the Administrator, an Investment
Advisor, an Investment Manager or a Custodian. Beginning with the FY 2016 annual
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
meeting, no Trustee may be elected or continue to serve as a Trustee unless he or she is a
Treasurer or Chief Investment Officer of a political subdivision that was a Participating
Political Subdivision at any time during the twelve months preceding the date of the
annual meeting. In the event that there are not a sufficient number of eligible nominees
as of the date of the annual meeting,the position will be declared vacant.
7. Each Trustee and each successor Trustee shall acknowledge and consent
to his or her election as a Trustee at the annual meeting at which he/she is elected or, if
subsequent to the annual meeting,by giving written notice of acceptance of such election
to the Chairperson of the Trustees.
B. Resignation ofa Trustee.
1. A Trustee may resign from all duties and responsibilities under this
Agreement by giving written notice to the Chairperson of the Trustees. The Chairperson
may resign from all duties and responsibilities under this Agreement by giving written
notice to all of the other Trustees. Such notice shall state the date such resignation shall
take effect and such resignation shall take effect on such date but not later than sixty(60)
days after the date such written notice is given.
2. Any Trustee, upon leaving office,shall forthwith turn over and deliver to
the Administrator at the principal office of the Trust Fund any and all records, hooks.
documents or other property in his or her possession or under his or her control which
belong to the'l'rust Fund.
C. Removal of a Trustee. Each Trustee, unless due to resignation,death,incapacity.
removal,or conviction of a felony or any offense for which registration is required as defined in
Virginia Code §9.1-902.shall serve and shall continue to serve as Trustee hereunder, subject to
the provisions of this Agreement.
A Trustee shall relinquish his or her office or may be removed by a majority vote
of the Trustees or ipso facto when the Employer which he/she represents is no longer a
Participating Political Subdivision in the Trust Fund. Notice of removal of a Trustee shall be
furnished to the other Trustees by the Chairperson of the Trustees and shall set forth the effective
date of such removal. Notice of removal of the Chairperson shall he furnished to the other
Trustees by the Administrator and shall set forth the effective date of such removal,
D. Appointment of a Successor Trustee. Except as otherwise provided in part A.I of
this Section with respect to the initial term of Class A Trustees, in the event a Trustee shall die,
resign, become incapacitated.be removed from office,or convicted ofa felony or any offense for
which registration is required as defined in Virginia Code§9.1-902,a successor Trustee shall be
elected forthwith by the affirmative vote of the majority of the remaining Trustees though less
than a quorum of the Board of Trustees. The notice of the election of a successor Trustee shall
be furnished to the other Trustees by the Chairperson. In case of the removal,death,resignation,
etc.of the Chairperson, notice of the election of a successor Trustee, and the new Chairperson,
shall he furnished to the other Trustees by the Administrator. Nominations for interim
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
replacement of vacant positions may be made by any member of the Board of Trustees. The
term of office of any Trustee so elected shall expire at the next Annual Meeting of Treasurers
and Chief Investment Officers at which Trustees are elected. The successor Trustee shall be
elected to complete the term for the Class to which such Trustee has been assigned. In the event
that a vacancy occurs among a member of Class A prior to the FY 2016 annual meeting, the
newly assigned Treasurer or Chief Investment Officer of the founding Participating Political
Subdivision will automatically assume the vacant position.
E. Trustees' Rights. In case of the death, resignation or removal of any one or more
of the Trustees,the remaining Trustees shall have the powers, rights,estates and interests of this
- Ageement as Trustees and shall be charged with the duties of this Agreement; provided in such
cases, no action may be taken unless it is concurred in by a majority of the remaining Trustees.
However, if such vacancies leave less than a quorum of Trustees, the remaining trustees may
only act to appoint successors Only after a quorum has been established may the trustees take
the other actions established in this subsection.
Section 107. BoRit ndg
in . All Trustees shall immediately make application for a fidelity bond, to
any company designated by the Board of Trustees, in such amount as may he specified by the
Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds
shall be continued in force in such amount as the Board of Trustees may from time to time
require. If a Trustee's bond is refused, or is ever cancelled, except with the Board of Trustees'
approval,such Trustee may be removed from office by majority vote of the Board of Trustees.
PART 2—PROVISIONS APPLICABLE TO INVESTMENTS
Section 200. APPLICATION,
The provisions of Part 2 apply to the investments of the Trust Fund.
Section 201. ADMINISTRATION OF TRUST.
A. General. All such assets shall be held by the Trustees in the Trust Fund.
B. Contributions, The Board of Trustees hereby delegates to the Administrator the
responsibility for accepting cash contributions to the Trust Fund, and the Administrator shall
have the responsibility for accepting cash contributions by Participating Political Subdivisions.
Assets held in the 'Trust Fund shall be dedicated to the benefit of each Participating Political
Subdivision, respectively, or to defraying reasonable expenses of the Trust Fund. All
contributions by a Participating Political Subdivision shall be transferred to the Trust Fund to be
held, managed, invested and distributed as part of the Trust Fund by the Trustees in accordance
with the provisions of this Agreement and applicable law.
C. Applicable Laws and Regulations. The Board of Trustees shall be authorized to
take the steps it deems necessary or appropriate to comply with any laws or regulations
applicable to the Trust Fund.
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WORKING COMMITTEE DRAFT-REVISED JULY 26,2012
D. Accumulated Share. No Participating Political Subdivision shall have any right,
title or interest in or to any specific assets of the Trust Fund, but shall have an undivided
beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets
allocable to each Participating Political Subdivision.
Section 202. MANAGEMENT OF INVESTMENTS OF THE TRUST FUND.
A. Authority of Trustees. Except as set forth in subsections C, D, F, or G of this
Section, and except as otherwise provided by law, the Board of Trustees shall have exclusive
authority and discretion to manage and control the assets of the Trust Fund held by them
pursuant to the guidelines established by the Board of Trustees in the Investment Policy.
B. Investment Policy. The Board of Trustees, as its primary responsibility under this
Agreement, shall develop a written Investment Policy establishing guidelines applicable to the
investment of the assets of the Trust Fund, and from time to time shall modify such Investment
Policy, in light of the short and long-term financial interests of the Participating Political
Subdivisions and the Trust Fund. The Investment Policy shall serve as the description of the
funding policy and method for the Trust Fund.
C. Investment Advisor. The Board of Trustees, from time to time, may direct the
Administrator to appoint one (1) or more independent Investment Advisors ('Investment
Advisor"),pursuant to a written investment advisory agreement with each,describing the powers
and duties of the Investment Advisor with regard to the management of all or any portion of any
investment or trading account of the Trust Fund. The Investment Advisor shall review, a
minimum of every calendar quarter, the suitability of the Trust Fund's investments, the
performance of the Investment Managers and their consistency with the objectives of the
Investment Policy with assets in the portion of the Trust Fund for which the Investment Manager
has responsibility for management,acquisition or disposition.
If the Administrator contracted with a lead Investment Advisor prior to the
establishment of this Agreement, the Board of Trustees may ratify such contract. The lead
Investment Advisor will serve at the pleasure of the Board of Trustees and will be compensated
for its recurring,usual and customary services.
Subject to the approval of the Board of Trustees, the Investment Advisor shall
recommend an asset allocation ror the Trust Fund that is consistent with the objectives of the
Investment Policy. If the Board of Trustees shall approve a separate Investment Policy with
respect to assets in a segregated portion of the Trust Fund, the Investment Advisor shall
recommend an asset allocation for such segregated portion of the Trust Fund that is consistent
with the objectives of such Investment Policy. At least annually, the Investment Advisor shall
review the Investment Policy and asset allocation with the Board of Trustees. The Investment
Advisor shall also advise the Board of Trustees with regard to investing in a manner that is
consistent with applicable law,and, as advised by the Administrator, the expected distribution
requirements of the Plans.
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
D. Investment Managers. The Board of Trustees, from time to time, may appoint
one (I) or more independent Investment Managers ("Investment Manager"), pursuant to a
written investment management agreement with each, describing the powers and duties of the
Investment Manager to invest and manage all or a portion of the Trust Fund. The Investment
Manager shall have the power to direct the management, acquisition or disposition of that
portion of the Trust Fund for which the Investment Manager is responsible.
The Board of Trustees shall be responsible for ascertaining that each Investment
Manager, while acting in that capacity,satisfies the following requirements:
1. The Investment Manager is either (i)registered as an investment adviser
under the Investment Advisers Act of 1940, as amended; (ii)a bank as defined in that
Act; or (iii)an insurance company qualified to perform the services described herein
under the laws of more than one state; and
2. The Investment Manager has acknowledged in writing to the Board of
Trustees that it is a fiduciary with respect to the assets in the portion of the Trust Fund for
which the Investment Manager has responsibility for management, acquisition or
disposition.
E. Custodians. The Custodian(s)shall periodically and at the request ofthe Board of
Trustees certify the value of any property of the Trust Fund managed by the Investment
Manager(s). The Trustees shall be entitled to rely conclusively upon such valuation for all
purposes under the Trust Fund.
F. Investment in Insurance Contracts. The Trustees may offer one (1) or more
investment options pursuant to one(I) or more agreements with insurance companies qualified
to do business in the Commonwealth of Virginia. Any asset invested pursuant to such an
agreement shall be held by the insurance company. Each insurance company so selected shall
certify the value of the Trust Fund's interest in the property held by it at least annually. The
Trustees shall he entitled to rely conclusively on such valuation for all purposes under this
Agreement -
G. Investment in Mutual Funds. The trustees may offer one(1)or more investment
options pursuant to one(1)or more agreements with companies offering mutual fund products.
Any asset invested pursuant to such an agreement shall be held by the Trustees. Each mutual
fund so selected shall periodically certify the value ofthe Trust Fund's interest in that fund. The
Trustees shall be entitled to rely conclusively on such valuation for all purposes under the Trust
Fund,
H. Absence of Trustees' Responsibility for Investment Advisor and Manager.
Except to the extent provided in paragraph A of Section 102 above, the Board of Trustees,
collectively and individually, shall not be liable for any act or omission of any Investment
Manager and shall not be under any obligation to invest or otherwise manage the assets of the
Trust Fund that are subject to the management of any Investment Manager. Without limiting the
generality of the foregoing,the Board of Trustees shall be under no duty at any time to make any
14
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
recommendation with respect to disposing of or continuing to retain any such asset.
Furthermore,the Board of Trustees,collectively and individually,shall not be liable by reason of
its taking or refraining from taking the advice of the Investment Advisor any action pursuant to
this Section,nor shall the Board of Trustees be liable by reason of its refraining from taking any
action to remove or replace any Investment Manager on advice of the Investment Advisor; and
the Trustees shall he under no duty to make any review of an asset acquired at the direction or
order of an Investment Manager.
1. Reg, The Board of Trustees shall be responsible for and shall cause
to he filed periodic audits,valuations, reports and disclosures of the Trust Fund as are required
by law or agreements. Notwithstanding anything herein to the contrary, the Board of Trustees
shall cause the Trust Fund to be audited by a certified public accounting firm retained for this
purpose at least once each year. The Board of Trustees may employ professional advisors to
prepare such audits,valuations, reports and disclosures and the cost of such professional advisors
shall be borne by the Trust Fund.
Commit-10m( Assets. Except to the extent prohibited by applicable law, the
Board of Trustees may commingle the assets of all Participating Political Subdivisions held by
the Board of Trustees under this Agreement for investment purposes in the Trust Fund and shall
hold the Trust Fund in trust and manage and administer the same in accordance with the terms
and provisions of this Agreement. However, the assets of each Participating Political
Subdivision shall be accounted for separately.
Section 203. ACCOUNTS.
The Trustees shall keep or cause to be kept at the expense of the Trust Fund accurate and
detailed accounts of all its receipts, investments and disbursements under this Agreement, with
the Trustees accounting separately for each Investment Manager's portion of the Trust Fund.
Section 204. DISBURSEMENTS FROM THE TRUST.
A. Trust Payments. The Board of Trustees hereby delegates to the Administrator the
responsibility for making payments from the Trust Fund. In accordance with rules and
regulations established by the Board of Trustees, the Administrator shall make payments from
the Trust Fund as directed by the Treasurer or Chief Investment Officer of each Participating
Political Subdivision. Payments shall be made in such manner, in such amounts and for such
purposes as may be directed by the respective Treasurer or Chief Investment Officer. Payments
from the Trust Fund shall he made by electronic transfer or check (or the check of an agent) for
deposit to the order of the payee. Payments or other distributions hereunder may he mailed to
the payee at the address last furnished to the Administrator. The Trustees shall not incur any
liability on account of any payment or other distribution made by the Trust Fund in accordance
with this Section. Such payment shall be in full satisfaction of claims hereunder against the
Trustee,Administrator or Participating Political Subdivision.
B. Allocation of Expenses. The Trustees shall pay all expenses of the Trust Fund
from the assets in the Trust Fund. All expenses of the Trust Fund. which are allocable to a
15
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
particular investment option or account,may he allocated and charged to such investment option
or account as determined by the Trustees. All expenses of the Trust Fund which are not
allocable to a particular investment option or account shall be charged to each such investment
option or account in the manner established by the Trustees.
Section 205. INVESTMENT OPTIONS.
The Trustees shall initially establish one (I) investment option within the Trust Fund
pursuant to the Investment Policy, for communication to, and acceptance by, Treasurers and
Chief Investment Officers. Following development of the initial"investment option"pursuant to
the Investment Policy, the Board of Trustees may develop additional investment options,
reflecting different risk/return objectives and corresponding asset mixes, for selection by
Treasurers and Chief Investment Officers, as alternatives to the initial investment option. The
determination to add alternative investment options to the Investment Policy, and the
development of each such investment option, are within the sole and absolute discretion of the
Board of Trustees. The Trustees shall transfer to any deemed investment option developed
hereunder such portion of the assets of the Trust Fund as appropriate. The Trustees shall
manage, acquire or dispose of the assets in an investment option in accordance with the
directions given by each Treasurer or Chief Investment Officer. All income received with
respect to, and all proceeds received from, the disposition of property held in an investment
option shall be credited to,and reinvested in,such investment option.
If multiple investment options are developed, from time to time, the Board of Trustees
may eliminate an investment option, and the proceeds thereof shall be reinvested in the
remaining investment option having the shortest duration of investments unless another
investment option is selected in accordance with directions given by the Treasurer or Chief
Investment Officer.
Notwithstanding anything in this agreement to the contrary, the Board of Trustees, in its
sole discretion, may establish a separate, short-term investment option or fund, to facilitate
contributions, disbursements or other short-term liquidity needs of the Trust or of particular
Participating Political Subdivisions. Separate investment funds within the Trust Fund and
varying percentages of investment in any such separate investment fund by the Participating
Political Subdivisions, to the extent so determined by the Board of Trustees, are expressly
permitted.
PART 3—PROVISIONS APPLICABLE TO PARTICIPATING POLITICAL
SUBDIVISIONS
Section 300. APPLICATION.
The provisions of Part 3 set forth the rights of Participating Political Subdivisions.
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
Section 301. PARTICIPATING POLITICAL SUBDIVISIONS.
A. Approval. The Board of Trustees or its designee shall receive applications from
Treasurers and Chief Investment Officers of Participating Political Subdivisions for membership
in the Trust Fund and shall approve or disapprove such applications for membership in
accordance with the terms of this Agreement, the Trust Joinder Agreement,bylaws and the rules
and regulations established by the Board of Trustees for admission of new Participating Political
Subdivisions. The Board of Trustees shall have total discretion in determining whether to accept
a new member. The Board of Trustees may delegate the authority for membership approval to
the Administrator.
B. Execution of Trust Joinder Agreement. Once the governing body of a political
subdivision has approved an ordinance or resolution to participate in the Trust Fund, its
Treasurer or Chief Investment Officer, serving as trustee for such political subdivision. may
execute a Trust Joinder Agreement in such form and content as prescribed by the Board of
Trustees. By the execution of the Trust Joinder Agreement, the Participating Political
Subdivision agrees to be bound by all the terms and provisions of this Agreement, the Trust
Joinder Agreement, the bylaws and any other rules and regulations adopted by the Trustees
under this Agreement. The Treasurer or Chief Investment Officer of each Participating Political
Subdivision, serving as such Participating Political Subdivision's trustee shall represent such
Participating Political Subdivision's interest in all meetings, votes, and any other actions to be
taken by a Participating Political Subdivision hereunder,provided that a Treasurer who elects not
to invest public funds pursuant to the Joinder Agreement shall have no obligation to serve as a
trustee for his or her locality.
C. Continuing as a Participating Political Subdivision. Application for participation
in this Agreement, when approved in writing by the Board of Trustees or its designee, shall
constitute a continuing contract for each succeeding fiscal year unless terminated by the Trustees
or unless the Participating Political Subdivision resigns or withdraws from this Agreement by
written notice sent by its duly authorized official. The Board of Trustees may terminate a
Participating Political Subdivision's participation in this Agreement for any reason by vote of
three-fourths (h) of the Board of Trustees. If the participation of a Participating Political
Subdivision is terminated, the Board of Trustees and the Administrator shall effect the
withdrawal of such Participating Political Subdivision's beneficial interest in the Trust in
accordance with its usual withdrawal policies.
Section 302. Places of Meetings. All meetings of the Treasurers and Chief Investment Officers
shall he held at such place, within the Commonwealth of Virginia, as from time to time may be
fixed by the Trustees.
Section 303. Annual Meetings. The annual meeting of the Treasurers and Chief Investment
Officers,for the election of Trustees and for the transaction of such other business as may come
before the annual meeting, shall be held at such time on such business day between
September I"and October 31°as shall be designated by resolution of the Board of Trustees.
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
Section 304. Special Meetings. Special meetings of the Treasurers or Chief Investment
Officers for any purpose or purposes may be called at any time by the Chairperson of the Board
of Trustees. by the Board of Trustees, or if Treasurers and Chief Investment Officers together
holding at least twenty percent(20%)of all votes entitled to be cast on any issue proposed to be
considered at the special meeting sign, date and deliver to the Trust Fund's Secretary one or
more written demands for the meeting describing the purpose or purposes for which it is to be
held. At a special meeting no business shall be transacted and no action shall be taken other than
that stated in the notice of the meeting.
Section 305. Notice of Meetings. Written notice stating the place, day and hour of every
meeting of the Treasurers and Chief Investment Officers and, in case of a special meeting, the
purpose or purposes for which the meeting is called, shall be given not less than ten (10) nor
more than sixty (60) days before the date of the meeting to each Participating Political
Subdivision's Treasurer or Chief Investment Officer of record entitled to vote at such meeting,at
the address which appears on the books of the Trust Fund. Such notice may include any rules
established by the Board of Trustees governing the nomination and election of candidates,
detennination of vote allocations,and other such matters.
Section 306, Quorum. Any number of Treasurers and Chief Investment Officers together
holding at least a majority of the outstanding beneficial interests entitled to vote with respect to
the business to be transacted. who shall be physically present in person at any meeting duly
called, shall constitute a quorum of such group for the transaction of business. If less than a
quorum shall be in attendance at the time for which a meeting shall have been called,the meeting
may be adjourned from time to time by a majority of the Treasurers and Chief Investment
Officers present. Once a beneficial interest is represented for any purpose at a meeting of
Treasurers and Chief Investment Officers,it shall be deemed present for quorum purposes for the
remainder of the meeting and for any adjournment of that meeting unless a new record date is.or
shall he, set for that adjourned meeting.
Section 307. Voting. At ally meeting of the Treasurers and Chief Investment Officers, each
Treasurer or Chief Investment Officer entitled to vote on any'natter coining before the meeting
shall, as to such matter, have one vote, in person.for each two hundred fifty thousand dollars.or
fraction thereof invested in its name in the Trust Fund,based upon an annual weighted average
during the previous fiscal year ending June 30. Notwithstanding the preceding sentence, at any
meeting held after the date the tenth (l0'") Participating Political Subdivision joins the Trust,no
one Treasurer or Chief Investment Officer may vote more than neen&percent(20%) of the total
votes cast. A Treasurer or Chief Investment Officer may.by written and signed proxy,designate
another employee or elected official of his/her Participating Political Subdivision to cast his/her
votes in person at the meeting.
If a quorum is present at a meeting of the Treasurers and Chief Investment Officers,
action on a matter other than election of Trustees shall he approved if the votes cast favoring the
action exceed the votes cast opposing the action,unless a vote ofa greater number is required by
this Agreement. if a quorum is present at a meeting of the Treasurers and Chief Investment
Officers, nominees for Trustees for all open seats for each class of Trustees on the Board of
Trustees shall be elected by a plurality of the votes cast by the beneficial interests entitled to vote
in such election.
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
Treasurers and Chief Investment Officers at the annual meeting will vote at one time to
fill all open positions within a single class of Trustees. Elections will be held by class, in the
order of the length of the terms to be filled,beginning with the longest term. Each Treasurer or
Chief Investment Officer will cast up to the full number of its votes for each open position within
a class of Trustees but may not cast votes for more than the number of open positions in such
class. Those nominees receiving the largest plurality of votes, up to the number of positions to
be filled,will be declared elected. Subsequent votes may be held to break any ties, if necessary,
in order to elect the correct number of Trustees.
PART 4—PROVISIONS APPLICABLE TO OFFICERS
Section 401. Election of Officers: Terms. The Board of Trustees shall appoint the officers of
the Trust Fund. The officers of the Trust Fund shall consist of a Chairperson of the Board, a
Vice-Chairperson, and a Secretary. The Secretary need not be a member of the Board of
Trustees and may be the Administrator. Other officers, including assistant and subordinate
officers, may from time to time be elected by the Board of Trustees, and they shall hold office
for such terms as the Board of Trustees may prescribe. All officers shall hold office until the
next annual meeting of the Board of Trustees and until their successors are elected.
Section 402. Removal of Officers; Vacancies. Any officer of the Trust Fund may be removed
summarily with or without cause, at any time, on a three-fourths (' ) vote of the Board of
Trustees. Vacancies may be filled by the Board of Trustees.
Section 403. Duties. The officers of the Trust Fund shall have such duties as generally pertain
to their offices, respectively, as well as such powers and duties as are prescribed by law or are
hereinafter provided or as from time to time shall be conferred by the Board of Trustees. The
Board of Trustees may require any officer to give such bond for the faithful performance of such
officer's duties as the Board of Trustees may see fit.
Section 404, Duties of the Chairperson. The Chairperson shall be selected from among the
Trustees. Except as otherwise provided in this Agreement or in the resolutions establishing such
committees, the Chairperson shall be ex officio a member of all Committees of the Board of
Trustees. The Chairperson shall preside at all Board meetings. The Chairperson may sign and
execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or
other instruments except in cases where the signing and the execution thereof shall be expressly
delegated by the Board of Trustees or by this Agreement to some other officer or agent of the
Trust Fund or as otherwise required by law. In addition, he/she shall perform all duties incident
to the office of the Chairperson and such other duties as from time to time may be assigned to the
Chairperson by the Board of Trustees. In the event of any vacancy in the office of the
Chairperson, the Vice-Chairperson shall serve as Chairperson on an interim basis until such
vacancy is filled by subsequent action of the Board of Trustees.
Section 405. Duties of the Vice-Chairperson. The Vice-Chairperson, if any, shall he selected
from among the Trustees and shall have such powers and duties as may from time to time be
19
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
assigred to the Vice-Chairperson. The Vice-Chairperson will preside at meetings in the absence
of the Chairperson.
Section 406. Duties of the Secretary. The Secretary shall act as secretary of all meetings of the
Board of Trustees and of the Treasurers and Chief Investment Officers. When requested, the
Secretary shall also act as secretary of the meetings of the Committees of the Board of Trustees.
The Secretary shall keep and preserve the minutes of all such meetings in permanent books. The
Secretary shall see that all notices required to be given by the Trust Fund are duly given and
served. The Secretary may sign and execute in the name of the Trust Fund stock certificates,
deeds, mortgages, bonds, contracts or other instruments, except in cases where the suing and
execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement.
The Secretary shall have custody of all deeds, leases, contracts and other important Trust Fund
documents; shall have charge of the hooks, records and papers of the Trust Fund relating to its
organization and management as a trust: and shall see that all reports, statements and other
documents required by law are properly filed.
Comment[W M:See Section 104C
PART 5—MISCELLANEOUS PROVISIONS - comment[RWL2]:See Section 107.
Section 501. Titles. The titles to Pans and Sections of this Agreement are placed herein for
convenience of reference only,and the Agreement is not to be construed by reference thereto.
Section 502. Successors. This Agreement shall hind and inure to the benefit of the successors
and assigns of the Trustees, the Treasurers and Chief Investment Officers, and the Participating
Political Subdivisions.
Section 503. Counterparts. This Agreement may he executed in any number of counterparts,
each of which shall be deemed to be an original but all of which together shall constitute but one
instrument, which may be sufficiently evidenced by any counterpart. Any Participating Political
Subdivision that formally applies for participation in this Agreement by its execution of a Trust
Joinder Agreement which is accepted by the Trustees shall thereupon become a party to this
Agreement and be bound by all of the terms and conditions thereof, and said Trust Joinder
Agreement shall constitute a counterpart of this Agreement.
Section 504. Amendment or Termination of this Agreement;Termination of Plans.
A. Amendment. This Agreement may be amended in writing at any time by the vote
ofa majority of the Trustees. Notwithstanding the preceding sentence, this Agreement may not
he amended so as to change its purpose as set forth herein or to permit the diversion or
application of any funds of the Trust Fund for any purpose other than those specified herein.
The Board of Trustees, upon adoption of an amendment to this Agreement, shall
provide notice by sending a copy of any such amendment to each Treasurer and Chief
Investment Officer within 15 days of adoption of such amendment. If a Treasurer or Chief
Investment Officer objects to such amendment, the Treasurer or Chief Investment Officer must
provide written notice of its objection and intent to terminate its participation in the Trust Fund
20
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
by registered mail delivered to the Administrator within ninety(90)days of such notice, and if
such notice is given, the amendments shall not apply to such Participating Political Subdivision
for a period of 180 days from the date of adoption of such amendments. The Participating
Political Subdivision's interest shall be terminated in accordance with the provisions of
paragraph B of this section.
B. Termination. This Agreement and any trust created hereby may be terminated at
any time by the Trustees with respect to a Participating Political Subdivision when the
Participating Political Subdivision's participation interest in the Trust Fund is terminated or
when a Trust Joinder Agreement has been terminated. The Trust Fund may be terminated in its
entirety when all participation interests of all Participating Political Subdivisions have been
terminated in their entirety. This Agreement and the Tmst Fund may be terminated in their
entirety pursuant to Virginia law.
In case of a termination of this Agreement,either in whole or in part,the Trustees
shall hold, apply,transfer or distribute the affected assets of the Trust Fund in accordance with
the applicable provisions of this Agreement and the direction of the Treasurer or Chief
Investment Officer of each Participating Political Subdivision. Upon any termination, in whole
or in part, of this Agreement, the Trustees shall have a right to have their respective accounts
settled as provided in this Section 504.
In the case of the complete or partial termination of this Agreement as to one or
more Participating Political Subdivisions, the affected assets of the Trust Fund shall continue to
be held pursuant to the direction of the Trustees, for the benefit of the Participating Political
Subdivision, until the Trustees, upon recommendation of the Administrator, distribute such
assets to a Participating Political Subdivision, or other suitable arrangements for the transfer of
such assets have been made. This Agreement shall remain in full effect with respect to each
Participating Political Subdivision that does not tenninate its participation in the Trust Fund on
behalf of its Employees and Beneficiaries, or whose participation is not terminated by the
Trustees. However, if distributions must be made, the Treasurer or Chief Investment Officer of
each Participating Political Subdivision shall be responsible for directing the Administrator on
how to distribute the beneficial interest of such Participating Political Subdivision. In the
absence of such direction, the Administrator may take such steps as it determines are reasonable
to distribute such Participating Political Subdivision's interest.
A Participating Political Subdivision must provide written notice of its intent to
terminate its participation in the Trust Fund by registered mail signed by the appropriate official
of the subdivision and delivered to the Administrator.
Notwithstanding the foregoing, the Trustees shall not be required to pay out any
assets of the Trust Fund to Participating Political Subdivisions upon termination of this
Agreement or the Trust Fund, in whole or in part, until the Trustees have received written
certification from the Administrator that all provisions of law with respect to such termination
have been complied with. The Trustees shall rely conclusively on such written certification and
shall be under no obligation to investigate or otherwise determine its propriety.
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WORKING COMMITTEE DRAFT-REVISED JULY 26,2012
When the assets of the Trust Fund affected by a termination have been applied,
transferred or distributed and the accounts of the Trustees have been settled, then the Trustees
and Administrator shall be released and discharged from all further accountability or liability
respecting the Trust Fund, or portions thereof, affected by the termination and shall not he
responsible in any way for the further disposition of the assets of the Trust Fund, or portions
thereof, affected by the termination or any part thereof so applied, transferred or distributed;
provided, however,that the Trustees shall provide full and complete accounting for all assets up
through the date of final disposition of all assets held in the Trust.
Section 505. Spendthrift Provision;Prohibition of Assignment of Interest.
The Trust Fund shall be exempt from taxation and execution,attachment,garnishment,or
any other process. No Participating Political Subdivision or other person with a beneficial
interest in any part of the Trust Fund may commute,anticipate, encumber, alienate or assign the
beneficial interests or any interest of a Participating Political Subdivision in the Trust Fund,and
no payments of interest or principal shall be in any way subject to any person's debts, contracts
or engagements, nor to any judicial process to levy upon or attach the interest or principal for
payment of those debts,contracts,or engagements.
Section 506. Meetin2s'Virginia Freedom of Information Act.
The Administrator shall give the public notice of the date, time, and location of any
meeting of the Board of Trustees' or of the Treasurers and Chief Investment Officers in the
manner and as necessary to comply with the Virginia Freedom of Information Act (Va. Code
§§2.2-3700 et seq.). The Secretary or its designee shall keep all minutes of all meetings,
proceedings and acts of the Trustees and of Treasurers and Chief Investment Officers, but such
minutes need not be verbatim. Copies of all minutes of the Trustees and of Treasurers and Chief
Investment Officers shall be sent by the Secretary or its designee to the Trustees.
All meetings of the Board of Trustees and of Treasurers or Chief Investment Officers
shall be open to the public,except as provided in §2.2-371 I of the Virginia Code. No meeting
shall be conducted through telephonic, video, electronic or other communication means where
the members are not physically assembled to discuss or transact public business, except as
provided in§§2.2-3708 or 2.2-3708.1 ofthe Virginia Code.
Section 507. Jurisdiction. This Agreement shall be interpreted, construed and enforced, and
the trust or trusts created hereby shall be administered,in accordance with the laws ofthe United
States and of the Commonwealth of Virginia.
Section 508. Situs of the Trust. The situs of the trust or trusts created hereby is the
Commonwealth of Virginia. All questions pertaining to its validity, construction, and
administration shall he determined in accordance with the laws of the Commonwealth of
Virginia. Venue for any action regarding this Agreement is the City of Richmond,Virginia,
Section 509. Construction. Whenever any words are used in this Agreement in the masculine
gender, they shall be construed as though they were also used in the feminine or neuter gender in
22
WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
all situations where they would so apply and whenever any words are used in this Agreement in
the singular form, they shall be construed as though they were also used in the plural form in all
situations where they would so apply,and whenever any words are used in this Agreement in the
plural form,they shall be construed as though they were also in the singular form in all situations
where they would so apply.
Section 510. Conflict. In resolving any conflict among provisions of this Agreement and in
resolving any other uncertainty as to the meaning or intention of any provision of the Agreement,
the interpretation that(i)causes the Trust Fund to be exempt from tax under Code Sections 115
and 501(a), and (ii)causes the participating Plan and the Trust Fund to comply with all
applicable requirements of law shall prevail over any different interpretation.
Section 511. No Guarantees. Neither the Administrator nor the Trustees guarantee the Trust
Fund from loss or depreciation or for the payment of any amount which may become due to any
person under any participating Plan or this Agreement.
Section 512. Parties Bound; No Third Party Rights. This Agreement and the Trust Joinder
Agreements, when properly executed and accepted as provided hereunder,shall be binding only
upon the parties hereto, fe, the Board of Trustees, the Administrator and the Participating
Political Subdivisions.. Neither the establishment of the Trust nor any modification thereof,nor
the creation of any fund or account shall be construed as giving to any person any legal or
equitable right against the Trustees, or any officer or employee thereof,except as may otherwise
be provided in this Agreement. Under no circumstances shall the term of employment of any
Employee he modified or in any way affected by this Agreement.
Section 513. Necessary Parties to Disputes. Necessary parties to any accounting, litigation or
other proceedings relating to this Agreement shall include only the Trustees and the
Administrator. The settlement or judgment in any such case in which the Trustees are duly
served or cited shall be binding upon all Participating Political Subdivisions and upon all persons
claiming by,through or under them.
Section 514. Severabiliity. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be invalid or unenforceable,the remaining provisions of the Agreement
shall continue to be fully effective. If any provision of the Agreement is held to violate the Code
or to he illegal or invalid for any other reason,that provision shall be deemed to be null and void.
but the invalidation of that provision shall not otherwise affect the trust created by this
Agreement.
ISIGNA TUBE PAGE FOLLOWS]
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WORKING COMMITTEE DRAFT—REVISED JULY 26,2012
IN WITNESS WHEREOF, each of the members of the initial Board of Trustees has
executed this Trust Agreement.
Date:
Date:
Date:
,Designee of VACoNML
Date:
Designee of VACWVML
Date:
, Designee of VACoNML
Date:
,Designee of VACoNML
24
WORKING COMMITTEE DRAFT-REVISED JULY 26,2012
Date:
Designee ofVACoNML
Date:
,Designee of V ACoNML
Accepted by the Administrator
VIRGINIA LOCAL GOVERNMENT
FINANCE CORPORATION
By:
President
25
Exhibit B
TRUST JOINDER AGREEMENT
FOR PARTICIPATING POLITICAL SUBDIVISIONS IN THE
VACo/VML VIRGINIA INVESTMENT POOL
THIS TRUST JOINDER AGREEMENT is made by and between the Treasurer/Chief
Investment Officer of the ,Virginia (herein referred to
as the"Treasurer/Chief Investment Officer"), the Virginia
(herein referred to as the `Participating Political Subdivision"), and the Board of Trustees (herein
collectively referred to as the "Trustees") of the VACo/VML Virginia Investment Pool (herein
referred to as the "Trust Fund").
WITNESSETH:
WHEREAS, the governing body of the Participating Political Subdivision desires to
establish a trust for the purpose of investing monies belonging to or within its control, other than
sinking funds, in investments authorized under Section 2.2-4501 of the Virginia Code; and
WHEREAS, the governing body of the Participating Political Subdivision has adopted
an ordinance and/or resolution (a certified copy of which is attached hereto as Exhibit A) to
authorize participation in the Trust Fund and has designated the Treasurer/Chief Investment
Officer to serve as the trustee of the Participating Political Subdivision with respect to the Trust
Fund and to determine what funds under the Treasurer's/Chief Investment Officer's control shall
be invested in the Trust Fund, and has authorized the Treasurer/Chief Investment Officer to enter
into this Trust Joinder Agreement; and
WHEREAS, the Trust Fund, in accordance with the terms of the VACoNML Virginia
Investment Pool Trust Fund Agreement (the "Agreement"), provides administrative, custodial
and investment services to the Participating Political Subdivisions in the Trust Fund; and
WHEREAS, the Treasurer/Chief Investment Officer, upon the authorization of the
governing body of _ , Virginia, desires to submit this Trust Joinder
Agreement to the Trustees to enable , Virginia, to become a
Participating Political Subdivision in the Trust Fund and a party to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements flowing
to each of the parties hereto, it is agreed as follows:
1. Pursuant to the Board of Trustees' acceptance of this Trust Joinder Agreement,
the , Virginia, is a Participating Political Subdivision in the Trust
Fund, as provided in the Agreement, and the Treasurer/Chief Investment Officer is authorized to
enter into this Trust Joinder Agreement, and to represent and vote the beneficial interest of
_, Virginia, in the Trust Fund in accordance with the Agreement.
2. Capitalized terms not otherwise defined in this Trust Joinder Agreement have the
meaning given to them under the Agreement.
3. The Treasurer/Chief Investment Officer shall cause appropriations designated by
the Participating Political Subdivision for deposit in the Trust Fund to be deposited into a
depository designated by the Trustees.
4. The Treasurer/Chief Investment Officer shall timely remit, or timely approve the
remittance of, administrative fees as may be due and payable by the Participating Employer
under the Agreement into a depository designated by the Trustees.
5. The Participating Political Subdivision shall have no right, title or interest in or to
any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust
Fund; however, there shall be a specific accounting of assets allocable to the Participating
Political Subdivision.
6. The Treasurer/Chief Investment Officer shall provide to the Administrator
designated by the Trustees all relevant information reasonably requested by the Administrator for
the administration of the Participating Political Subdivision's investment, and shall promptly
update all such information. The Treasurer/Chief Investment Officer shall certify said
information to be correct to the best of his/her knowledge, and the Trustees and the
Administrator shall have the right to rely on the accuracy of said information in performing their
contractual responsibilities.
7. The Trust Fund provides administrative, custodial and investment services to the
Participating Political Subdivision in accordance with the Agreement.
8. The Trustees and the Administrator, in accordance with the Agreement and the
policies and procedures established by the Trustees, shall periodically report Trust activities to
the Participating Political Subdivision on a timely basis.
9. The Treasurer/Chief Investment Officer and the Participating Political
Subdivision agree to abide by and be bound by the terms, duties, rights and obligations as set
forth in the Agreement, as may be amended by the Trustees, which is attached hereto and is
made a part of this Trust Joinder Agreement.
10. The Treasurer/Chief Investment Officer, in fulfillment of his/her duties as the
trustee of the Participating Political Subdivision, retains the services of the Investment Manager
or Managers selected by the Trustees pursuant to the Agreement.
11. The term of this Trust Joinder Agreement shall be indefinite. The Treasurer/Chief
Investment Officer may terminate this Trust Joinder Agreement on behalf of the Participating
Political Subdivision by giving notice in writing to the Trustees. Termination shall be governed
by the provisions of the Agreement.
2
IN WITNESS WHEREOF, the Treasurer/Chief Investment Officer has caused this
Trust Joinder Agreement to be executed this day of ,
20 .
TREASURER/CHIEF INVESTMENT
OFFICER OF
, VIRGINIA
ATTEST:
* * * *
ACCEPTANCE:
VACo/VML VIRGINIA INVESTMENT POOL
Virginia Local Government Finance Corporation
By:
Administrator
3
Vly
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012.
No. 39487 - 090412.
A RESOLUTION accepting the Fiscal Year 2012 -2013 funds for the Community
Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions
Grant Program; authorizing the City Manager to execute the requisite Grant Agreements, Funding
Approval, and other documents, with the United States Department of Housing and Urban
Development ( "HUD "); and authorizing the City Manager to execute such subgrant agreements,
amendments, and other documents as may be required.
BE IT RESOLVED by the Council of the City of Roanoke ( "Council ") as follows:
The Fiscal Year 2012 -2013 Community Development Block Grant, HOME
Investment Partnerships Program, and Emergency Solutions Grant Program funds are hereby
ACCEPTED, contingent upon receipt of an approval letter from HUD.
2. The City Manager is authorized to execute, and the City Clerk is authorized to attest,
the requisite Grant Agreements with HUD, Funding Approval, and any and all understandings,
assurances and documents relating thereto required by HUD to accept such funds, each of such
documents to be in such form as is approved by the City Attorney, as more particularly set out in the
City Council Agenda Report dated September 4, 2012, to this Council.
3. Further, the City Manager is authorized to execute, and the City Clerk is authorized to
attest, such subgrant agreements and amendments as may be required pursuant to the Fiscal Year
2012 -2013 Annual Update to the 2010 -2015 Consolidated Plan ( "Annual Update ") approved by
Council by Resolution No. 39382-051412, and as may otherwise exceed the CityManager's authority
under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant agreements or
R- CDBG- 2012 -2013fi &d.c
1
amendments to be within the limits of funds provided for in the Annual Update and to be approved as
to form and as to execution by the City Attorney, as more particularly set forth in the City Council
Agenda Report dated September 4, 2012, to this Council.
ATTEST:
M° 1-' ' IDtTn1
City Clerk �i
RCDBG- 2012 -2013 fw da
P
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012.
No. 39488- 090412.
AN ORDINANCE to appropriate funding from the Department of Housing and Urban
Development (HUD) for the Community Development Block Grant Program (CDBG), HOME
Investment Partnerships Program, and Emergency Shelter Grant Program (ESG), amending
and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
HOME Affordable Home Rehab Program
35- 090 - 5313 -5523
$ (83,121)
HOME Affordable Home Rehab Program
35- 090 - 5364 -5523
(324)
HOME Affordable Home Rehab Program
35- 090 - 5366 -5523
(6,502)
HOME Reserve Rehabilitation Project Funds
35- 090 - 5366 -5527
(212,546)
HOME Mortgage Assistance Program
35- 090 - 5368 -5399
(1,099)
HOME Reserve Rehabilitation Project Funds
35- 090- 5368 -5553
(45,090)
HOME Mortgage Assistance Program
35- 090 -5370 -5399
(29,933)
HOME Reserve Rehabilitation Project
35- 090 - 5370 -5527
(149,739)
HOME Home Program Personnel - Life Insurance
35- 090 - 5375 -1130
(217)
HOME Mortgage Assistance Program
35- 090 - 5375 -5399
(1,052)
HOME Unprogrammed Funds
35- 090 -5375 -5482
(15,360)
HOME Reserve Rehabilitation Project
35- 090 - 5375 -5527
(30,017)
HOME Program - Regular Employee Wages
35- 090 - 5385 -1002
29,128
HOME Program - City Retirement
35- 090 -5385 -1105
4,544
HOME Program - FICA
35- 090 -5385 -1120
2,228
HOME Program - Medical Insurance
35- 090 - 5385 -1125
3,440
HOME Program - Dental Insurance
35- 090 -5385 -1126
215
HOME Program - Life Insurance
35- 090 - 5385 -1130
347
HOME Program - Disability Insurance
35- 090- 5385 -1131
98
HOME Program - Fees for Professional Services
35- 090 - 5385 -2010
1,000
HOME Program - Administrative Supplies
35- 090 - 5385 -2030
1,500
HOME Program - Expendable Equipment
35- 090 - 5385 -2035
500
HOME Program - Training and Development
35- 090 - 5385 -2044
5,000
HOME Program - DoT Billings
35- 090 - 5385 -7005
$ 1,000
HOME West End New Homeownership Habitat
35- 090 -5385 -5614
625,000
HOME West End New Homeownership Habitat CHDO
35- 090- 5385 -5615
65,996
HOME Unprogrammed FY13 Funds
35- 090 -5385 -5617
65,635
HOME Mortgage Assist — Regular Employee Wages
35- 090 - 5386 -1002
16,800
HOME Mortgage Assist — City Retirement
35- 090 - 5386 -1105
2,621
HOME Mortgage Assist — FICA
35- 090 - 5386 -1120
1,285
HOME Mortgage Assist — Medical Insurance
35- 090 - 5386 -1125
2,117
HOME Mortgage Assist — Dental Insurance
35- 090 - 5386 -1126
132
HOME Mortgage Assist — Life Insurance
35- 090 -5386 -1130
200
HOME Mortgage Assist — Disability Insurance
35- 090 - 5386 -1131
56
HOME Down Payment Assistance Program
35- 090 -5386 -5399
216,789
ESG —Unprogrammed FY13 Funds
35 -E13 -5283 -5616
144,729
Planning Assistance for Target Neighborhoods
35 -G04 -0421 -5405
(1,600)
Community Improvement Program
35 -G07- 0720 -5397
(3,920)
RRHA Project Gold - Project
35 -G07- 0720 -5454
(136)
Derelict Structures Program
35 -G07 -0720 -5497
(2,339)
Reserve Rehabilitation - Project Funds
35 -G10- 1020 -5527
(195,280)
Property Acquisition Fund - Delivery
35 -G10- 1020 -5552
(36,928)
HUD Admin Funds
35 -G10- 1021 -5436
(2,623)
Neighborhood Infrastructure and Development
35 -G10- 1037 -5550
(87,411)
Unprogrammed CDBG Carryover Funds
35 -G10- 1040 -5184
(93,851)
HUD Admin Personnel - Regular Employee Wages
35 -G11- 1122 -1002
(6,500)
HUD Admin Personnel - City Retirement
35 -G11- 1122 -1105
(1,000)
HUD Admin Personnel - FICA
35 -G11- 1122 -1120
(1,000)
HUD Admin Personnel - Medical Insurance
35 -G11- 1122 -1125
(264)
HUD Admin Personnel - Life Insurance
35 -G11- 1122 -1130
(560)
HUD Admin Personnel - Fees for Professional Svcs
35 -G11- 1122 -2010
(5,000)
HUD Admin Personnel - Advertising
35 -G11- 1122 -2015
(1,825)
HUDAdminPersonnel - Telephone
35 -G11- 1122 -2020
(1,415)
HUD Admin Personnel - Administrative Supplies
35 -G11- 1122 -2030
(2,432)
HUD Admin Personnel - Expendable Equipment
35 -G11- 1122 -2035
(1,000)
HUD Admin Personnel - Training and Development
35 -G11- 1122 -2044
(2,211)
HUD Admin Personnel - Printing
35 -G11- 1122 -2075
(1,200)
HUD Admin Personnel - Postage
35 -G11- 1122 -2160
(1,000)
HUD Admin Personnel - Internal Printing
35 -G11- 1122 -2375
(200)
HUD Admin Personnel - Xerox Lease
35 -G11- 1122 -3045
(1,013)
Code Enforcement Personnel - Life Insurance
35 -G11- 1123 -1130
(392)
EE Home Personnel - FICA
35 -G11- 1124 -1120
(148)
EE Home Personnel - Life Insurance
35 -G11- 1124 -1130
(148)
Down Payment Assistance Program
35 -G11- 1125 -5399
(46,190)
Hurt Park Bike Patrol - Overtime
35 -G11- 1135 -1003
(10,886)
Hurt Park Bike Patrol - FICA
35 -G11- 1135 -1120
(946)
Community Based Prevention — Reg Emp Wages
35 -G11- 1136 -1002
(8,049)
Community Based Prevention- Medical Insurance
35 -G11- 1136 -1125
$ (921)
Community Based Prevention - Other Rental
35 -G11- 1136 -3075
(2,400)
Solid Waste Management Solar Compactors
35 -G11- 1137 -5568
(1,679)
GSA Program - Regular Employee Wages
35 -G11- 1139 -1002
(7,493)
CSA Program - Medical Insurance
35 -G11- 1139 -1125
(3,720)
CSA Program - Fees for Professional Services
35 -G11- 1139 -2010
(2,000)
CSA Program - Expendable Equipment
35 -G11- 1139 -2035
(1,350)
CSA Program - Training and Development
35 -G11- 1139 -2044
(6,500)
CSA Program - Program Supplies
35 -G11- 1139 -2066
(300)
CSA Program - Business Meals and Travel
35 -G11- 1139 -2144
(400)
TAP Bridge Owner /Rental Rehab - Project
35 -G12- 1219 -5573
(109,770)
Empowering Individuals with Disabilities - Project
35 -G13- 1319 -5057
75,000
Demolition
35 -G13- 1319 -5108
50,000
Unprogrammed CDBG Funds
35 -1313- 1319 -5184
8,679
Emergency Home Repair - TAP - Project
35- G13- 1319 -5470
100,000
Emergency Home Repair - TAP - Delivery
35 -G13- 1319 -5483
25,000
World Changers - Project
35- G13- 1319 -5486
60,000
Worid Changers - Delivery
35 -G13- 1319 -5498
15,000
Empowering Individuals with Disabilities - Delivery
35 -1313- 1319 -5585
6,250
West End New Homeownership - Habitat - Delivery
35 -G13- 1319 -5607
75,000
West End Property Acquisition - RRHA - Project
35 -1313- 1319 -5608
100,000
West End Property Acquisition - RRHA - Delivery
35- G13- 1319 -5609
25,000
West End Owner Occupied Rehab - RTR - Project
35 -G13- 1319 -5610
68,000
West End Owner Occupied Rehab - RTR - Delivery
35 -G13- 1319 -5611
17,000
West End Housing Preservation - TAP - Project
35 -G13- 1319 -5612
80,000
West End Housing Preservation - TAP - Delivery
35 -G13- 1319 -5613
20,000
Fair Housing - Regular Employee Wages
35 -G13- 1320 -1002
7,803
Fair Housing - City Retirement
35- G13- 1320 -1105
1,217
Fair Housing - FICA
35 -G13 -1320 -1120
597
Fair Housing - Dental Insurance
35 -G13- 1320 -1126
56
Fair Housing - Life Insurance
35 -G13- 1320 -1130
93
Fair Housing - Disability Insurance
35 -G13- 1320 -1131
26
Fair Housing - Fees for Professional Services
35 -G13- 1320 -2010
500
Fair Housing - Administrative Supplies
35 -G13- 1320 -2030
400
Fair Housing - Training and Development
35 -G13- 1320 -2044
4,308
Planning - Historic Review Services
35 -G13- 1321 -5403
10,000
Planning - Environmental Review Services
35 -G13- 1321 -5565
10,000
Planning - RRHA Property and Loan Portfolio Mgt
35 -G13- 1321 -5584
15,000
HUD Admin - Regular Employee Wages
35 -G13- 1322 -1002
143,877
HUD Admin - Overtime
35 -G13- 1322 -1003
1,000
HUD Admin - City Retirement
35 -G13- 1322 -1105
22,445
HUD Admin - FICA
35 -G13- 1322 -1120
11,007
HUD Admin - Medical Insurance
35 -G13- 1322 -1125
13,759
HUD Admin - Dental Insurance
35 -G13- 1322 -1126
970
HUD Admin - Life Insurance
35 -G13- 1322 -1130 $
1,591
HUD Admin - Disability Insurance
35 -G13- 1322 -1131
457
HUD Admin — Fees for Professional Services
35- G13- 1322 -2010
3,000
HUD Admin - Advertising
35 -G13- 1322 -2015
3,500
HUD Admin - Telephone
35 -G13- 1322 -2020
1,100
HUD Admin - Administrative Supplies
35 -G13- 1322 -2030
1,750
HUD Admin - Expendable Equipment
35 -G13- 1322 -2035
1,500
HUD Admin - Memberships
35 -G13- 1322 -2042
1,500
HUD Admin - Training and Development
35 -G13- 1322 -2044
7,000
HUD Admin - Local Mileage
35 -G13- 1322 -2046
250
HUD Admin - Printing
35 -G13- 1322 -2075
2,500
HUD Admin - Records Management
35 -G13- 1322 -2082
150
HUD Admin - Postage
35 -G13- 1322 -2160
1,000
HUD Admin - Xerox Lease
35- G13- 1322 -3045
250
HUD Admin - DoT Billings
35 -G13- 1322 -7005
3,144
HUD Admin - Risk Management
35 -G13- 1322 -7017
500
Code Enforcement - Regular Employee Wages
35 -G13- 1323 -1002
72,211
Code Enforcement - CityRetirement
35 -G13- 1323 -1105
11,265
Code Enforcement - FICA
35 -G13- 1323 -1120
5,524
Code Enforcement- Medical Insurance
35 -G13- 1323 -1125
9,092
Code Enforcement - Dental Insurance
35 -G13- 1323 -1126
570
Code Enforcement - Life Insurance
35 -G13- 1323 -1130
859
Code Enforcement - Disability Insurance
35 -G13 -1323 -1131
243
Code Enforcement- Administrative Supplies
35 -G13- 1323 -2030
236
EE Home Rehab - Regular Employee Wages
35 -G13- 1324 -1002
30,448
EE Home Rehab - City Retirement
35 -G13- 1324 -1105
4,750
EE Home Rehab - FICA
35 -G13- 1324 -1120
2,329
EE Home Rehab - Medical Insurance
35 -G13- 1324 -1125
1,323
EE Home Rehab - Dental Insurance
35 -G13- 1324 -1126
248
EE Home Rehab - Life Insurance
35 -G13- 1324 -1130
362
EE Home Rehab - Disability Insurance
35 -G13- 1324 -1131
102
EE Home Rehab - Fees for Professional Services
35 -G13- 1324 -2010
35,000
EE Home Rehab - Project Funds
35- G13- 1324 -5527
175,438
Down Pymt Assist Frog - Regular Employee Wages
35 -G13- 1325 -1002
7,587
Down Pymt Assist Prog - Overtime
35- G13- 1325 -1003
325
Down Pymt Assist Prog - City Retirement
35 -G13- 1325 -1105
1,197
Down Pymt Assist Prog - FICA
35 -G13- 1325 -1120
580
Down Pymt Assist Prog - Medical Insurance
35 -G13- 1325 -1125
1,140
Down Pymt Assist Prog - Dental Insurance
35 -G13- 1325 -1126
72
Down Pymt Assist Prog - Life Insurance
35 -G13- 1325 -1130
62
Down Pymt Assist Frog - Disability Insurance
35 -G13- 1325 -1131
21
Down Pymt Assist Prog - Fees for Professional Svcs
35 -G13- 1325 -2010
5,000
Down Pymt Assist Frog - Advertising
35 -G13- 1325 -2015
500
Down Pymt Assist Prog - Telephone
35 -G13- 1325 -2020
200
Down Pymt Assist Prog - Administrative Supplies
35- G13- 1325 -2030
$ 345
Down Pymt Assist Prog - Expendable Equipment
35 -G13- 1325 -2035
1,750
Down Pymt Assist Prog - Training and Development
35 -G13- 1325 -2044
2,000
Down Pymt Assist Prog - Local Mileage
35- G13- 1325 -2046
50
Down Pymt Assist Prog - Printing
35 -G13- 1325 -2075
1,250
Down Pymt Assist Prog - Records Management
35 -G13- 1325 -2082
100
Down Pymt Assist Prog - Postage
35 -G13- 1325 -2160
500
Down Pymt Assist Prog - Xerox Lease
35 -G13 -1325 -3045
250
Down Pymt Assist Prog - DoT Billings
35 -G13- 1325 -7005
2,071
Economic Development - Hotel Roanoke 108
35 -G13- 1330 -5135
502,203
Economic Development - West End Services Center
35 -G13- 1330 -5606
343,176
Human Development - Apple Ridge Farms
35 -G13- 1338 -5084
26,250
Human Development - BISSWVA Case Management
35 -G13- 1338 -5508
29,000
Human Development - TAP African American Studies
35 -G13- 1338 -5554
25,000
Human Development - Children's Trust
35 -G13- 1338 -5569
27,000
Human Development - Home Stabilization
35 -G13- 1338 -5604
50,000
Human Development - Community Platform Project
35 -G13- 1338 -5605
28,932
Target Area Bike Patrol - Overtime
35 -G13- 1342 -1003
23,225
Target Area Bike Patrol - FICA
35 -G13- 1342 -1120
1,775
Community Based Prevention Svcs — Reg Emp Wages
35 -G13- 1343 -1002
66,082
Community Based Prevention Svcs — City Retirement
35 -G13- 1343 -1105
10,309
Community Based Prevention Svcs — FICA
35 -G13- 1343 -1120
5,055
Community Based Prevention Svcs — Medical Insure
35 -G13- 1343 -1125
10,584
Community Based Prevention Svcs — Dental Insurance
35 -G13- 1343 -1126
662
Community Based Prevention Svcs — Life Insurance
35 -G13- 1343 -1130
796
Community Based Prevention Svcs — Disability Insure
35 -G13- 1343 -1131
222
Community Based Prevention Svcs — Local Mileage
35- G13- 1343 -2046
1,190
Community Based Prevention Svcs — Other Rent
35 -G13- 1343 -3075
3,600
NDG - Fairland Civic Association - Trash Receptacles
35 -G13 -1344 -5440
800
Gainsboro History Walk
35 -G13- 1344 -5591
12,200
NDG - Loudon - Melrose Neighborhood - Home Repair
35 -G13 -1344 -5592
15,000
NDG - Loudon - Melrose Neighborhood - Training
35 -G13- 1344 -5593
800
NDG - Melrose /Rugby Neighborhood Forum - Wall
35 -G13- 1344 -5594
5,750
NDG - Melrose /Rugby Neighborhood Forum - Training
35 -G13- 1344 -5595
800
NDG - Mt View Neighborhood Assn - CFL Distribution
35 -G13 -1344 -5596
1,230
NDG - NNIC - Training
35 -G13- 1344 -5598
800
NDG - Old Southwest - Gateway Signs
35 -G13 -1344 -5599
2,500
NDG - Old Southwest - Bicycle Signs
35 -G13- 1344 -5600
1,475
NDG - Old Southwest - Training
35 -G13- 1344 -5601
800
NDG - Southeast Action Forum - Gateway Signs
35 -G13- 1344 -5602
2,500
NDG - Southeast Action Forum - Training
35 -G13- 1344 -5603
800
Revenues
HOME Entitlement 05 -06
35 -090- 5313 -5314
(83,121)
HOME Entitlement 06 -07
35- 090 -5364 -5364
(324)
HOME Entitlement 07 -08
35- 090 - 5366 -5366
$(219,048)
HOME Entitlement 08 -09
35- 090 -5368 -5368
(46,189)
HOME Entitlement 09 -10
35- 090 -5370 -5370
(179,672)
HOME Entitlement 10 -11
35- 090 - 5375 -5375
(46,646)
HOME Entitlement 12 -13
35- 090 - 5385 -5385
1,015,631
HOME Program Income 12 -13
35- 090 -5385 -5386
30,000
ESG Entitlement 12 -13
35 -E13 -5283 -5283
144,729
CDBG Entitlement 03 -04
35 -G04- 0400 -2401
(1,600)
CDBG Entitlement 06 -07
35 -G07- 0700 -2701
(6,395)
CDBG Entitlement 09 -10
35 -G10- 1000 -3001
(416,093)
CDBG Entitlement 10 -11
35 -G11- 1100 -3101
(120,142)
CDBG Entitlement 11 -12
35 -G12- 1200 -3201
(109,770)
CDBG Entitlement 12 -13
35 -G13- 1300 -3301
2,123,862
CDBG Other Program Income 12 -13
35 -G13- 1300 -3303
30,000
CDBG Lease Payment - Cooper Industries 12 -13
35 -G13- 1300 -3309
13,333
CDBG Hotel Roanoke Section 108 Repayment 12 -13
35 -G13- 1300 -3311
400,000
CDBG Rental Rehab Repayment 12 -13
35- G13- 1300 -3312
500
CDBG Home Ownership Assistance 12 -13
35 -G13- 1300 -3313
5,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
4 4-+y� �i
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Acceptance and Appropriation of 2012 -2013 Community
Development Block Grant (CDBG), HOME Investment
Partnerships Program (HOME) and Emergency Solutions Grant
(ESG) Program Funds
Background:
CDBG, HOME and ESG funds received from the U. S. Department of Housing and
Urban Development (HUD) provide for a variety of activities ranging from
housing and community development to homelessness prevention, rapid re-
housing and economic development. The City has received these entitlement
grant funds for over thirty years and must reapply annually to HUD to receive
such funding. On May 14, 2012, by Resolution No. 39382-051412, City Council
authorized filing the three funding applications as part of approving the
submission of the 2010-2015 Consolidated Plan to HUD.
Considerations
The funding release process is complete, and HUD's letter of approval was
received and signed by the City Manager on August 9, 2012, granting the City
access to its 2012 -2013 CDBG, HOME and ESG entitlements. The 2010 -2015
Consolidated Plan, including the Fiscal Year 2012 -2013 Action Plan, approved
by City Council, provides for activities totaling $3,688,741. The funding for
these activities included new entitlement funds, anticipated program income,
and funds unexpended from prior year accounts.
The actions recommended in this report also include appropriation of
additional program funds totaling $74,314 ($8,679, CDBG & $65,635 HOME)
into unprogrammed accounts to be available for eligible activities in the future.
Total appropriations being considered include the $3,688,741 for activities
proposed in the Fiscal Year 2012 -2013 Action Plan and the $74,314 of
additional program income funds for a total appropriation of $3,763,055.
Acceptance of the funds and appropriation or transfer to the accounts indicated
in Attachments 1, 2 and 3 are needed to permit the 2012 -2013 activities to
proceed. Acceptance of the 2012 -2013 HOME entitlement requires $25,000 in
local match. This requirement will be satisfied by excess matching funds
banked in previous years, additional in -kind contributions from projects and
funds appropriated in the Planning Department Budget.
Recommended Actions:
Adopt a resolution accepting the 2012 -2013 CDBG, HOME and ESG
entitlement funds as detailed below.
CDBG 2012 -13 Entitlement $1,469,862
HOME 2012 -13 Entitlement 440,631
ESG 2012 -13 Entitlement 144,729
TOTAL $2,055,222
2. Authorize the City Manager to execute the required Grant Agreements,
Funding Approval, and other documents required by HUD in order to
accept the funds, all of such documents to be approved as to form by
the City Attorney;
3. Appropriate $2,055,222 entitlement and $478,833 in anticipated
program income to revenue and expenditure accounts to be
established in the Grant Fund by the Director of Finance, as detailed in
Attachments 1, 2, and 3;
4. Transfer $1,229,000 in CDBG and HOME accounts from prior years to
projects included in the 2012 -2013 CDBG and HOME programs, as
detailed in Attachments land 2;
5. Increase the revenue estimate in CDBG revenue accounts by a total of
$25,380 and appropriate the funds into project expenditure accounts
as detailed in Attachment 1
04��
----- - - - - --
Christopher P. Morrill
City Manager
Attachments: Spreadsheets of CDBG, HOME and ESG Accounts
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Thomas N. Carr, Director of Planning, Building and Development
Amelia Merchant, Director, Management and Budget
Keith Holland, Budget Team Leader
Attachment t
ITEMIZED EXPENDITURES FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FISCAL YEAR 2012 -2013
Account No.
Item nescnprion
Amount
EXPENDITURES
35 -G13 -1319-
5057
Housi
Empowering Individuals with Disabilities - Pro ect
$75,000
5585
Empowering Individuals with Disabilities - Derive
$6,250
5108
Carrolton
$50,000
5470
TAP Emergency Reair - Proect
$100,000
5483
TAP Emer enc Home Repair- nint-ro
$25,000
5486
W orld Chan era 2013 - Pro ect
$60,000
5498
World Chan ers 2013 - Delivery
$15,000
5607
West End New Homeownership - Habitat "alive
$75,000
5608
West End Tar et Area Prapert Acquisition - RRHA Project
$100,000
5609
West End Tar et Area Prope Acquisition - RRHA Delivery
$25,000
5610
West End Owner -OCLU ied Rehab -RTR Pro ecl
$68,000
5611
West End Owner -000U ied Rehab - RTR Delive
$17,000
5612
West End Tar eted Housin Preservation -TAP Preject
$80,000
5613
West End Tar eted Housin Preservation - TAP Dewery
$20,000
5184
Unpr rammed Reserve
$8,679
Subtotal - Housin
$724,929
35 -G13 -1320-
Pl.nnim IAdmin
Fair Housing
1002
Salaries
$7,803
1105
Cit Retirement
$1.217
1120
FICA
$597
1126
Dental Insurance
$56
1130
Life Insurance
$93
1131
Disabilit Insurance
$26
2010
Fees for Professional Services
$500
2030
Anion Supplies
$400
2044
Trainin &Development
$4,308
35613 -1321-
5403
Historic Review Services
$10,000
5565
Environmental Review Services
$10,000
5584
RRHA Pro-- antl Loan PoMolio Mana ement
$15,D00
Subtotal - Plannin /Admin
$50,000
35 -G13 -1322-
HUD Administration
1002
R Jar Emplo ee Salaries
$143,877
1003
Overtime Wag.
$1,000
1105
City Retirement
$22.445
1120
FICA
$11,007
1125
Medical Insurance
$13,759
1126
Dental Insurance
$970
1130
Life Insurance
$1,581
1131
Disabilit Insurance
$457
2010
Fees for Professional Services
$3,000
2015
Advertising
$3,500
2020
Telephone
$1,100
2030
Administrative Supplies
$1,750
2035
Expendable Equipment 1$5,000
$1,500
2042
Professional Memberships
$1,500
2044
1 raining and Development
$7,000
2046
1 Local Travel
$250
1 of
Accoum No
2075
Item Descnotion
Printin
Amount
$2,500
2082
Records Mona emem
$150
2160
Posts a
$1,000
3045
Xerox Lease
$250
7005
DOT Billin s
$3,144
7017
Risk Mana ement
$500
Subtotal - HUD Admin
$222,250
35 -G13 -1323-
Code Enforcement
1002
R ular Empl ee Salaries
$72.211
1105
Cil Retirement
$11,265
1120
FICA
$5,524
1125
Medical Insurance
$9.092
1126
Dental Insurance
$570
1130
Life Insurance
$859
1131
Disabili Insurance
$243
2030
Administrative Supplies
$236
Subtotal - Code Enforcement
$100,000
35 -G13 -1324-
Enar FRiicil Affordable Home Rehabilitation
1002
R Jar En ee Salaries
$30,448
1105
Cil Retirement
$4,750
1120
FICA
$2,329
1125
Medical Insurance
$1,323
1126
Dental Insurance
$248
1130
Life Insurance
$362
1131
Disability Insurance
$102
2010
Fees for Professional Services
$35,000
5527
Rehabilitation Reserve- Project Funds
$175,438
Subtotal - EEAHR
$250,000
35 -G13 -1325-
Down Pa mem Assistance Pro ram
1002
Regular Emplo ee Salaries
$7,587
1003
Overtime Wag.
$325
1105
Gi Retirement
$1.197
1120
FICA
$580
1125
Medical Insurance
$1.140
1126
Dental Insurance
$72
1130
Life Insurance
$62
1131
Dislalc Insurance
$21
2010
Fees for Professional Services
$5,000
2015
Advertisin
$500
2020
Telephone
$200
2030
Admin Supplies
$345
2035
Expendable Equipment
$1.750
2044
Training & Development
$2,000
2046
Local Travel
$50
2075
Printing
$1,250
2082
Records Management
$100
2160
Postage
$500
3045
Xerox Lease
$250
7005
DOT Billin s
$2.071
Subtotal DPA Admin
$25,000
35 -G13 -1330-
Economic Development Projects
5135
Hotel Roanoke 108
$102,203
5606
West End Service Center
$63,796
Subtotal Economic Development
$165,999
35 -G 13-1342-
Targeted Area Bike Patrol
2 of 5
Account No
Remo orniptmn
Amount
1003
Overtime We as
$23,225
1120
FICA
$1,775
Subtotal - HUI Park Bike Patrol
$25,000
35 -G13 -1343-
Communi Based Prevention Services
10D2
R ular Emplo as Salaries
$66,082
1105
1120
Clt Retirement
FICA
$10,309
$5,055
1125
Medical Insurance
$10,584
1126
Dental Insurance
$662
113D
Life Insurance
$786
1132
Lan Term Disabilil
$222
2046
Local Weed-
$1,190
3075
Other Rental
$3,600
Subtotal -Comm unit Based Prevention
$98,500
35 -G13 -1344-
IN hborhood Projects
5440
Fairland Civic Association Trash Receptacles
$800
5591
Gainsboro Histo "' W
$121,200
5592
Loudon - Melrose Nei hborhood Or . - Critical Home Repair
Loudon - Melrose Nei hborho0 Or . - Tr in & Conf.
$15,000
5593
$800
5595
5594
Melrose-R igby Neighborhood Forum - Trainin
Melrose -RU b Nei hborhood Forum - W all Restoration
$800
$5,750
5596
5598
Mountain View Nei hborhood Association - CFL Distribution
NNIC - Trainin & Conferences
$1,230
$800
5599
Old Southwest - RepairlReplace ""wou Si ns
$2,500
5600
Old Southwest - Bic cls Route Si ma a
$1,475
5601
Old Southwest Trainin &Conferences
$800
5602
Southeast Actiion Forum - Galewa Sins
$2,500
5603
Southeast Action Forum - Training & Conferences
$800
545,455
35 -G13 -1338-
5084
Human Development Programs
A le Rid, Farms
$26250
5554
Africian American Stutlies 8 Contempora Issues
$25,000
5569
Children's Trust
$27,000
5508
BISSW VA Case Marva ement
$29,000
5604
Home Stabilization for Families in Need
$50,000
5605
Community Platform Project
$28.932
Subtotal Human Development
5786,182
TOTAL EXPENDITURES
51,893,315
3 of
Account N,
35 -1313-1300-
Item Deunpllon
Revenue
Amount
3301
COBG Entitlement
$1,469,482
3303
Other Pr ram Income- RRHA
$5,000
3309
3313
Coo er Industries
Homeownershi Assistance
$13,333
$5,000
3311
3312
Hotel Roanoke Loan Repa merit
Rental Rehab Repa
Total Revenue
$400,000
$500
$1,893,315
CDBG ACCOUNT TRANSFERS
INCREASE
35 -G13 -1330 -5135
Hotel Roanoke Section 108 Pa merit
$400,000
Total Increase
$400,000
35 -G13- 1330 -56D6
West End Service Center
Total Increase
$254,000
$254,000
DECREASE
35 -G10- 1020 -5527
35 -G10- 1020 -5552
35 -G11- 1125 -5399
35-GI 1- 1135 -0000
35 -G12- 1219 -5573
Plannin Assistance for Target Neighborhoods
Property Acquisition Fund - RRHA
Down payment Assistance Pr ram
Hurt Park Bike Patrol
TAP Bridge Year Owner/Rental Rehab Pro ect
$195,280
$36,928
$46.190
$11.832
$109,770
Total Decrease
$400,000
35 -G04- 0421 -5405
35 -G07 -0720 -5397
35 -G07 -0720 -5454
35 -G07 -0720 -5497
Planning Assistance Target Nei hborhool
Community Improvement Pr ram
RRHA Project GOLD Pro Funds
Derelict Structures Pr ram
$1,600
$3,920
$136
$2,339
35-G10- 1037 -5550
Nei hborho of Infrastructure & Development
$87.411
35-G10- 1021 -54 36
HUD Admin Funds
$2,623
35 -G10 -1040 -5184
Unprogrammed! CDBG Car over Funds
$93,851
35 -G11- 1122 -0000
HUD Admin Funds
$26,620
35 -G 11- 1123 -0000
Code Enforcement Personnel
$392
35 -Gl 1- 1124 -DODO
Energy Efficient Housing Personnel
$296
35 -G11 -1136 -0000
Community Based Prevention
$11,370
35 -G 11 -1137 -5568
Sold Waste Mana anent Solar Compactors
$1,679
35 -Gl 1- 1138 -0000
CSA Program Services
$21,763
Total Decrease
$254,000
4 of
5 of
Descnptlon
Amount
INCREASE REVENUE ESTIMATE
Section 108 Rea men,
$25380
Total Revenue Increase
$25,380
PItem
APPROPRIATE TO
West End Service Center
$25,380
Total propriation to Accounts
$25,380
5 of
Ati ent2
ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2012 -2013
Account No
hem Descriptian
Amount
EXPENDITURES
35 -090- 5385 -5614
35 -090- 5385 -5615
35- 090 -5385 -561]
35 -090 -5386 -5399
West End Habitat New Homeownership Pro ect
West Ertl New Hameownersh,b CHDO Reserve
Un ro rammetl HOME Funds
DPAProeci5
Subtotal -HOME Services
$50,000
$65,996
$65,635
$216,789
$398420
HOME Admmemanan'.
35- 090 -5385 -1002
Red ular Emploee Salaries
$29'128
35- 090 - 5385 -1105
Oi Retirement
$4,544
35 -090- 5385 -1120
FICA
$2228
35- 090 -5385 -1125
Medical Insurance
$3,440
35 -090- 5385 -1126
Dental Insurance
$215
35 -090 -5385 -1130
Life Insurance
$347
35- 090 - 5385 -1131
35 -090- 5385 -2010
Disabilit Insurance
Fees for Professional Services
$48
$1090
35 -090 -5365 -2030
Ad Supplies
$1500
35- 090 - 53852035
Expendable Equi ment
35- 090- 5385 -2044
Tramin 8 Development
$e 606
35 -090- 5385 -7005
OCT Billin s
$1 000
35- 090 - 53861002
DPA Sala
$16,800
35- 090 -5386 -1105
On Retirement
$2'621
35 -090- 5386 -1120
FICA
$1.285
35- 09053884125
Me0loel lnsurenoe
$2'117
35 -090- 5386 -1126
Oental Insurance
$132
35 -090 -5386 -1130
Life Insurance
$200
35- 090 - 5386 -1131
Disabilit Insurance
$56
Subtotal HOME Administration
$72,211
TOTAL EXPENDITURES
$470631
REVENUE
35- 090 -5385 -53a5
HOME Entitlement -FV13
$440,631
35 -090- 5385 -5386
HOME Pro ram In—. -FV13
$25,000
35090- 5385 -5386
2011 -2012 Excess Pro ram Income
$5,000
TOTAL REVENUE
$470,631
HOME ACCOUNT TRANSFERS
INCREASE EXPENDIrl RES
35- 090 -5385 -5614
Habitat West End Nev, Homaowhel -ohn Proect
$95,000
Total Transfer Increase
55]5,000
DECREASE EXPENDITURES
35 -090 -5313 -5523
35 - 090 -5364 -5523
Affordable Rehab Pro ram
Affordable Rehab Pro ra
$83,121
$324
35- 090 - 5366 6523
Affordable Rehab Pr ram
$6,502
35- 090 - 5366 -5527
Reserve Rehab Pr ram
$212,546
35090- 5368 -5399
Mon a eAsorstance Pro ram
$1,099
35- 090 -5368 -5553
Reserve Rehab Pro ram
$45.090
35 -090- 53]0 -5399
Mart a e Assistance Pro ram
$29.933
35- 0905370 -552]
Reserve ReM1ab Pr ram
$149739
35 -090 -5375 -5399
Mort a eASSistanoe Pro ram
$1,052
35 -090- 5375 -5482
Unpr rammetl Funds
$15,360
35 -090- 53]5 -000
Reserve Rehab Pro ram
$30,234
Tonal Transfer Decrease
$575,000
Attachment 2
ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2011 -2012
Account No,
Item Descnption
Amount
EXPENDITURES
35 -090- -5399
DownP ment Assistance Program'
$25,000
35 -090- -5529
Reserve Rehabilitation Pr 'ect -Ci
$134,195
35 -090-
Habitat Bntl eVear Homeownership Prgecl
$186,842
35 -090- -5482
Unpr rammed HOME Funtls
$50,317
35 -090- -
Unprogrammed HOME CHDO Funtls
7$3779
Subtotal - HOME Services
$470,133
HOME Ad ministratior
35 -090- -1002
Regular Employee Salaries
$34,371
35 -090- -1105
City Retirement
$5.423
35 -090- -1120
FICA
$2'629
35-090--1125
Medical Insurance
$3,695
35 -090- -1126
Dental Insurance
$231
35 -090- -1130
Life Insurance
$282
35 -090- -1131
Disability Insurance
M
Subtotal - HOME Administration
$46,727
TOTAL EXPENDITURES
$516,860
REVENUE
35- 090 -53]5 -5375
HOME Entitlement -FY11
$491,860
35 -090 -5376 -5376
HOME Program Income - FYI
$25,000
TOTAL REVENUE
$516,860
HOME ACCOUNTTRANSFERS
INCREASE
35 -090- 5313 -5399
Down Pa ment Assistance Program
$97,328
35- 090 -5366-
TAP Britl eYear HOmew+nership Pr ect
$101,293
35- 090 -5366 -5399
Down Payment Assistance Program
$102,672
35- 090-5366 -5527
Reserve Rehabil8ation Prgect - C'
$147,855
35 -090- 5368 -5527
Reserve Rehabilitation Prgect -City
$2,674
Total Transfer Increase
$451,822
DECREASE
35- 090 -5313 -5449
BRHDCPr 'act GOLD
$97,328
35 -090 -5366 -5492
BRHDC New Gilmer CHDO Prgect
$101293
35-090 -5366 -5493
BRHDC New Gilmer CHDO Operating
S15.129
35- 090 -5366 -5494
BRHDC New Gilmer Prgect Funds
$209,805
35- 090 -5366 -5495
BRHDC New Gilmer Admin Funds
$25,593
35 -090 -5368 -5526
Reserve Homeownershi Prgect Funtls
$2,674
Total Transfer Decrease
$451,822
INCREASE REVENUE ESTIMATES
35 -090- 5370 -5371
HOME Pr ram Income -FY10
$4,174
35 -090 -5370 -5372
HOME Program Income- FY10 -SEBD
$4,574
35 -090 -5370 -5373
HOME Program Income -FY10 -TAP
$24,511
35- 090 -5375 -5376
HOME Program Income -FY11
$32,017
Total Revenue Increase
565,278
APPROPRIATE TO:
35- 090 -5370 -5527
Reserve Rehabilitation Project - City
$33259
35- 090- 5375 -5527
Reserve Rehahilitation Project - City
$32,017
Total Appropriation
$65,2]6
$25,000 in Local HOME Match funds also provided to the Down Payment Assistance Program.
Attachment 3
ITEMIZED EXPENDITURES FOR EMERGENCY SHELTER GRANT (ESG)
FISCAL YEAR 2012 -2013
cJ Shefmanplesg flle02_13ESGapprop
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012.
No. 39489- 090412.
AN ORDINANCE to appropriate additional funding from the Department of
Housing and Urban Development (HUD) for the FY2012 Emergency Solutions Grant
Program (ESG), amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ESG — Council of Community Services
Revenues
ESG Entitlement — FY 11 -12
35 -E12 -5282 -5618 $ 45,940
35 -E12- 5282 -5282 45,940
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with
ATTEST:
City Clerk.
COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Appropriation of Additional FY 2011 -2012 Emergency Solutions
Grant(ESG)Funds
Background:
In 2009, Congress passed the Homeless Emergency Assistance and Rapid
Transition to Housing Act (HEARTH Act), amending the McKinney -Vento
Homeless Assistance Act, which resulted in major revisions to Emergency
Solutions Grants (ESG) program. As a result of these changes, the City of
Roanoke was allocated an additional $45,940 in ESG funds for the FY 2011-
2012 period. The funds will provide for services that prevent individuals and
families from becoming homeless in addition to services that will rapidly re-
house those who are currently homeless. In order to receive these funds, the
City was required by the Department of Housing and Urban Development (HUD)
to amend its FY 2011-2012 Annual Update to the 2010 -2015 Consolidated Plan.
On May 7, 2012, by Resolution No. 39364- 050712, City Council authorized the
execution and submission of the amendment to HUD.
Considerations:
On August 9, 2012, the City received HUD's approval to use the additional ESG
funds. City Council action is needed to accept and appropriate these grant
funds, thereby allowing ESG activities to proceed.
Recommended Actions:
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $45,940 and appropriate funding of the same to accounts to be
established in the Grant Fund by the Director of Finance.
•
C P R P. 1010 ILftR L
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Assistant City Manager for Operations
Thomas N. Carr, Director of Planning, Building and Development
Amelia Merchant, Director, Management and Budget
Keith Holland, Budget Team Leader
C M 12 -00108
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012.
No. 39490 - 090412.
A RESOLUTION authorizing acceptance of the Homeless Solutions Grant Program by the
Virginia Department of Housing and Community Development to the City, and authorizing execution
of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
The City of Roanoke hereby accepts the Homeless Solutions Grant Program from the
Virginia Department of Housing and Community Development in the amount of$44,471, with a local
in -kind match of $44,471 from the City, for a one year period beginning July 1, 2012, and ending
June 30, 2013, to establish the Blue Ridge Continuum of Care Central Intake— One Door approach,
as more particularly set forth in the City Council Agenda Report dated September 4, 2012.
2. The City Manager is hereby authorized to execute and file, on behalf of the City, the
grant agreement and all necessary documents required to accept such grant. All documents shall be
upon form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as maybe
required in connection with the City's acceptance of this grant.
ATTEST: Q�,,�,,��
� 1 ' --
City Clerk.
R- Homeless solution Gmnt94 12.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012-
No. 39491 - 090412.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Department of Community Development for the Homeless Solutions Grant, amending and
reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Temporary Employee Wages
35- 630 - 5400 -1004
$ 21,840
FICA
35- 630 - 5400 -1120
1,671
Maintenance Contracts
35- 630 - 5400 -2005
720
Telephone
35- 630 - 5400 -2020
4,200
Administrative Supplies
35- 630 - 5400 -2030
9,300
Expendable Equipment ( <$5,000)
35- 630 - 5400 -2035
2,200
Training and Development
35- 630 - 5400 -2044
2,200
Xerox Lease
35- 630 -5400 -3045
2,340
Revenues
Homeless Solutions FY13
35- 630 - 5400 -5400
44,471
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: 1�r ^/ 1y�I,�ry�
�E I
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Homeless Solutions Grant - Department of Housing and Community
Development (DHCD)
Background:
The City of Roanoke on behalf of the Continuum of Care (CoQ has been awarded
$44,471 from the Department of Housing and Community Development (DHCD) to
establish the Blue Ridge Continuum of Care Central Intake - One Door. This project
establishes a central access and referral management system and will provide a single
point of entry to those programs within the scope of homeless service providers as well
as facilitating navigation of the broader community service system. To fill an identified
gap in services, through a "One Door" approach, the community -wide central intake will
facilitate appropriate and timely referrals (internally and externally) and minimize
duplication. The program will serve as a system for people who are homeless, linking
consumers with appropriate resources.
Central intake maximizes the efficiency of the shelter system and allows for accurate
data collection. In recent years, we have noticed a complexity of issues surrounding
the identified homeless in our community. As a key focus of the 10 year plan to end
homelessness, Central Intake offers collaboration among human services agencies and
nonprofits as well as HUD - funded programs including Homeless Prevention and Rapid
Rehousing (HPRP), Neighborhood Stabilization Program (NSP) and Emergency Solutions
Grant (ESG). In alignment with National goals, the establishment of a Central Intake
One Door approach will help to prevent homelessness by helping people maintain
housing or directly access housing upon becoming homeless. It will re -house those in
crisis, helping people exit homelessness quickly with the resources they need to stay
housed. It is a goal of our community to shift from management of homelessness to
one that focuses on housing the homeless.
This program has formed partnerships with all shelter service providers in the Roanoke
Valley to collect and enter data into our Homeless Management Information System
(HMIS) though use of a central intake form and the establishment of client ID cards.
There is a local in -kind match associated with this grant. This match is identified as
existing building space located at 339 Salem Avenue, owned by the City of Roanoke.
Recommended Action:
Accept the DHCD grant award (Central Intake - One Door) described above for the one
year term, and authorize the City Manager to take such actions and execute such
documents as may be necessary to obtain, accept, implement, administer, and use
such grant funds, including execution of any required grant agreement, such
documents to be in a form approved by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $44,471 for State grant funds and appropriate funding in the amount of
$44,471 in accounts to be established in the Grant Fund by the Director of Finance.
- - - - -- - - - - - -- --
C pher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director, Human /Social Services
Attachment "A"
Central Intake One Door
Budget Narrative
STAFF ($23,511)
2 p/t intake workers at $10.50 /hour x 20 hours per week x 52 weeks a year =
$21,840
FICA (7.5 %) on $21,840 = $1,671
SUPPLIES ($11,460)
Administrative Supplies (Pens, Pencils, paper, toner, postage) - $75 /month x
2= $150x12= $1,800
Carder reader and supplies for client photo ID (to include photo ID machine and
supplies) _ $7,500, Network copy machine for Central Intake Staff = $2,340
MAINTENANCE ($720)
Maintenance on photo copy machine and ID Machine - $60.00 /month x 12 =
$720
UTILITIES ($4,200)
Initial set -up of phones and internet lines as well as phones and internet on-
going service @ $350 /month x 12 months = $4,200
HMIS ($2,200)
Computer Costs - 1 computer and 1 printer = $2,200
(Includes Microsoft package, Adobe)
Printer includes scanner capabilities for document scanning
Administrative ($2,200)
Airfare to Cincinnati, Ohio to look at existing Central Intake (2 Staff) and local
mileage not to exceed 400 miles (to look at existing Central Intake programs in
North Carolina and Richmond)
LEVERAGING - In -Kind ($88,500)
Building space ($12.50 /sq ft x 590 sq ft = $7,375 x 12 = 88,500)
Robed F. M Aa Darnell
Da nCOMMONWEALTH of VIRGINIA
secrcn etrs
James hof p
o
Commerce and ntl Trade DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
July 25, 2012
Dear Grantee:
Thank you for your participation in the Homeless Solutions Grant ("SG) implementation
webinar. We hope the information was helpful to you.
WIX.rn C. Shelton
Drector
Enclosed are two signed originals of your HSG contract. Please sign and return one to your
Program Administrator and retain the other for your records. Do not hesitate to contact your
Program Administrator should you have any questions.
DHCD values your partnership and appreciates your efforts to provide services to those in need
in the Commonwealth. We look forward to working with you in the upcoming year.
Sincerely, a
r60.C�%�Sc—�
Kathy. xbb'ertson
Associate Director
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GRANT AGREEMENT
2012 -2013 HOMELESS SOLUTIONS GRANT
13 -HSG -016
This Grant Agreement is made by and between the Virginia Department of Housing and
Community Development ( "DHCD") and City of Roanoke ( "Grantee ") for the period July
1, 2012 to June 30, 2013 in the total amount of $44,471.
DHCD provides the Grant, which is the subject of this Agreement, through an appropriation from
the State General Fund. The Grant is subject to the terms, guidelines and regulations set forth
in the Homeless Solutions Grant (HSG) Program Guidelines (2012 -2013 and 2013 -2014
Program Years) and any subsequent amendments to the guidelines, the laws of the
Commonwealth of Virginia and federal law.
The Grantee agrees to provide a dollar- for - dollar match with local or private funds for the entire
HSG award amount. The match must be for the specific project for which HSG funding is awarded
and must be received and expended within the grant year All match funds must be presented by
the Grantee and approved by DHCD.
Scope of Services
Funds are to be utilized to assist households experiencing homelessness to quickly
regain stability in permanent housing by supporting shelter, re- housing, and housing
focused activities that are targeted and coordinated with other homeless services
providers, homeless prevention providers, and mainstream resources within the
community.
Funds provided through this grant must be used to carry out activities as specified in the
Homeless Solutions Grant Program Guidelines (2012 -2013 and 2013 -2014) dated May
2012 and any subsequent amendments to the guidelines. Grantee must adhere to the
DHCD approved budget and all specified budget category limits as outlined in the HSG
Guidelines.
Budgetary Limits _
Budget Category Limits
Homeless Management Information Services (HMIs Cannot exceed 5 percent
Administrative Costs I Cannot exceed 5 percent
See HSG Guidelines for details related to budqet categories.
Conditions
A. Service Provision
Grantee is responsible for coordination of HSG activities with other HSG
grantees and mainstream resources. Grantee must assure non - duplication of
services with other HSG grantees.
Grantee is required to submit and maintain HSG program information on the
state 211 information and referral system.
2012 -2013 HSG Grarl Agreement 1 of 5
e. Reimbursement
Funds are disbursed on a reimbursement basis. Grantees must be able to
provide documentation that the work, services, or cost occurred within the grant
period and the expenses were paid appropriately by the Grantee. The Grantee
agrees to adhere to the reimbursement schedule as follows:
Expenditure Period
Request for Reimbursement
Submission Date
July 1, 2012 — Au ust 31, 2012
September 10, 2012
September 1, 2012 — October 31, 2012
November 10, 2012
November 1, 2012 — December 31, 2012
_
January 10, 2013
January 1 2013 — February 28, 2013
March 10, 2013
March 12013 —April 30, 2013
_
May 10, 2013 _
May 1 2013 —June 30 2013 (projected)
May 10 2013
May 1 2013 — June 30, 2013 (actual)
_ July 10, 2013
C. Projections
Grantees that have not fully expended their allocation by April 30, 2013 must
submit projections of customary expenditures for May and June as directed by
DHCD. Documentation reflecting actual expenditures for May and June must be
submitted by July 10, 2013.
Failure to submit projections as outlined above may result in the recapturing of
funds.
D. Reporting
Grantees must submit the following reports:
Quarterly Reports
The Grantee will submit quarterly reports no later than the tenth day of the
month following the end of the quarter as indicated below:
Report Period
Due Date
Ju12 - September 30, 2012
1 October 10, 2012
October 1, 2012 - December 31, 2012
January 1, 2013— March 31, 2013
�_ January 10, 2013
April 10, 2013
April 1, 2013 - June 30, 2013
July 5 2013
Grantees are required to submit reports for all four quarters regardless of when
grant funds are fully expended. Submission of the quarterly reports implies
approval from the Executive Director and is considered final. DHCD reserves the
right to withhold reimbursement payments if the Grantee fails to submit the
quarterly reports in accordance with the prescribed schedule.
2012 -2013 HSG Grant Agr.rnmt 2 of 5
E. Accounting
The Grantee shall establish and maintain separate accounts within its existing
accounting system or set up accounts independently. The Grantee shall record
in its accounting system all Grant payments received pursuant to the Grant and
all other match funds provided for, accruing to, or otherwise received on account
of the Grant.
All costs charged to the Grant shall be supported by properly executed payrolls,
time records, contracts, or vouchers evidencing in proper detail the nature and
propriety of the charges. All checks, payrolls, contracts, vouchers, or other
accounting documents pertaining in whole or in part to the Grant shall be clearly
identified, readily accessible, and separate and distinct from all other such
documents. Such documents shall reside at the offices of the Grantee.
F. DHCD Notification
Grantee must notify DHCD of any potentially illegal act, such as misuse of grant
funds, immediately upon knowledge of such act. In addition, grantee must notify
DHCD should any other local, federal or state agency uncover evidence of any
potentially illegal act, Failure to do so will constitute a finding and may result in
repayment of funds by the grantee,. the de- obligation of current funding and the
preclusion of future funding.
G. Audit
Grantees operating with an annual budget of $500,000 or more are required to
have annual audits conducted in compliance with OMB A -133 standards. Those
grantees with annual budgets of less than $500,000 should complete a review of
financial statements annually conducted by an independent agent. Annual audits
or review of financial statements, whichever is appropriate, must be within six
months following the end of the grantee's fiscal year and are due to DHCD
immediately upon completion.
H. Maintenance of Records
Records shall be readily accessible to DHCD, appropriate state agencies, and
the general public during the course of the grant agreement and shall remain
intact and accessible for five years thereafter. The exception is in the event that
any litigation claim or audit is started before expiration of the five year period. the
records shall be retained until such action is resolved.
I. Costs Incurred Prior To Grant Agreement Execution
No costs incurred prior to the start of the contract period (July 1, 2012) shall be
eligible for reimbursement with Grant funds, unless incurred costs are authorized
in writing by DHCD.
J. Contract Security
The Grantee shall secure all materials and equipment, purchased or paid for with
Grant funds, through insurance coverage of the full value of the same.
K. Reallocation
DHCD reserves the night to de -obligate and reallocate funds at any point during
the contract year
2012 -2013 HSG Grant Agreement 3 of 5
L. Termination, Suspension, Conditions
If through any cause, the Grantee fails to comply with the terms, conditions or
requirements of the contract documents, DHCD may terminate or suspend this
Agreement by giving written notice of the same and specifying the effective date
of termination or suspension at least five (5) days prior to such action.
In the case of contract violation by the Grantee, DHCD may request that all or
some of the grant funds be returned, even if the Grantee has already expended
the funds. The Grantee agrees to return such funds as requested by DHCD
within 30 days of the written request.
M. Subsequent Contracts
The Grantee shall remain fully obligated under the provisions of the Grant
Agreement notwithstanding its designation of any subsequent or third parties for
the undertaking of all or part of the activities for which the grant assistance is
being provided to the Grantee.
The Grantee agrees to ensure that any contractor or subcontractor who is not the
Grantee shall comply with all the lawful requirements of the Grantee necessary to
insure that the project for which this assistance is being provided under this
Agreement are carried out in accordance with the Grantee's Assurances and
Certifications.
111. Additional Assurances
A. Grantee will establish safeguards to prohibit employees and Board members
from using positions for a purpose that is or gives the appearance of being
motivated by a desire for private gain for themselves or others, particularly those
with whom they have family, business or other ties.
B. Grantee will give the Virginia Department of Housing and Community
Development and the Comptroller and any other authorized representatives
access to and the right to examine all records, books, papers or documents
related to the Grant.
C. In accordance with federal law, Grantee will provide that no person shall be
discriminated against on the basis of race, color, religion, sex, or national origin,
in any phases of employment or in any phase of service delivery.
2012 -2013 HSG Grant Agreement 4 of 5
The Grant Agreement is hereby executed by the parties on the date set forth below their
respective signatures as follows:
Virginia Department of Housing and Community Development
M. Shea Hollifield, Deputy Dire, r
July 12 2012
Date
City of Roanoke
Signature
Printed Name
Title
Date
2012 -2013 HSG Grant Agreement 5 of 5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012.
No. 39492 - 090412.
A RESOLUTION authorizing acceptance of certain funds from the Virginia Department of
Emergency Management (VDEM), authorizing the City Manager to execute on behalf ofthe City a new
five -year contract with VDEM, which honors the five -year VDEM hazardous materials response team
contract for the period July 1, 2012, until June 30, 2016, and authorizing the City Manager to execute
such other documents and take such further action as may be necessary to implement and administer
such contract 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 to execute on behalf of the City a new five -year
contract with VDEM, which honors the five -year VDEM hazardous materials response team contract for
the period July 1, 2012, until June 30, 2016, and the City Manager is hereby authorized to accept on
behalf of the City from VDEM funds in the amount of $15,000 each year of the contract for the
Hazardous Materials Response Team, in accordance with certain terms and conditions as more fully set
forth in the City Council Agenda Report dated September 4, 2012.
2. The City Manager is hereby authorized to accept, execute and file, on behalf ofthe City,
any documents setting forth the conditions of such funding in a form approved by the City Attorney.
The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing funding.
R- VDEM -h t.t94 -12dc
ATTEST:
City Clerk.
/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012.
No. 39493 - 090412.
AN ORDINANCE to appropriate funding from the Virginia Department of
Emergency Management for the Regional Hazardous Materials Response Team Grant,
amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment (< $5,000)
35- 520- 3233 -2035 $
14,158
Expendable Equipment (< $5,000)
35- 520 - 3234 -2035
5,701
Expendable Equipment (< $5,000)
35 -520- 3236 -2035
10,000
Training and Development
35- 520- 3236 -2044
5,000
Expendable Equipment (< $5,000)
35- 520- 3237 -2035
10,000
Training and Development
35- 520- 3237 -2044
5,000
Expendable Equipment (< $5,000)
35- 520- 3238 -2035
10,000
Training and Development
35- 520- 3238 -2044
5,000
Expendable Equipment (< $5,000)
35- 520 - 3239 -2035
10,000
Training and Development
35- 520- 3239 -2044
5,000
Expendable Equipment (< $5,000)
35- 520- 3241 -2035
10,000
Training and Development
35- 520 - 3241 -2044
5,000
Revenues
Haz Mat Emergency Reimburse - State FYI
35- 520 - 3233 -3273
14,158
Haz Mat Emergency Reimburse - State FYI
35 -520- 3234 -3274
5,701
Haz Mat Emergency Response - State FYI
35- 520 - 3236 -3236
15,000
Haz Mat Emergency Response - State FY14
35- 520 - 3237 -3237
15,000
Haz Mat Emergency Response - State FYI
35- 520 - 3238 -3238
15,000
Haz Mat Emergency Response - State FY16
35- 520 - 3239 -3239
15,000
Haz Mat Emergency Response- State FYI
35- 520- 3241 -3241
15,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: '�'y��`'`'`-',
City Clerk. l�
1 CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Virginia Department of Emergency Management Hazardous
Materials Funds Acceptance for Roanoke Fire -EMS Department
Background
Roanoke Fire -EMS, with cooperation from the City of Salem Fire -EMS, serves as the
region's Level III Hazardous Materials Response Team. Every five years the City of
Roanoke signs a new contract with the Virginia Department of Emergency
Management (VDEM) agreeing to maintain this response. As part of this contract,
the Roanoke Fire -EMS Department receives funds from VDEM to assist the
Hazardous Materials Response Team with the purchase of equipment and training.
Considerations:
City Council action is needed to formally accept this contract and accept $15,000
each year from VDEM for the next five years for the Hazardous Materials Response
Team. There is not a match requirement associated with the acceptance of VDEM
funds. It is also requested that City Council authorize the appropriation of
Hazardous Materials Response reimbursement funds from VDEM that were received
in FYI l in the amount of $14,158 and FYI in the amount of $5,701.
Recommended Action:
Adopt the accompanying resolution accepting the funds from VDEM as described
above and authorize the City Manager to execute any required agreements or
documents, such to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
Grant Fund for State grant funds of $15,000 each year for the next five years and
appropriate funds in the same amount in an account to be established by the
Director of Finance. Also establish a revenue estimate in the Grant fund for State
Reimbursement Funds of $19,859 and appropriate funds in the same amount in an
,yu o be established by the Director of Finance.
------- ---
er P. Morrill
City Manager
Distribution: Council Appointed Officers
LEVEL III HAZARDOUS MATERIALS EMERGENCY RESPONSE AGREEMENT
THIS AGREEMENT is made this Ist day of July, 2012, by and between the
Commonwealth of Virginia Department of Emergency Management (VDEM) and the City of
Roanoke, a political subdivision in the Commonwealth of Virginia, and part of the composite
team known as the Roanoke Valley Hazardous Materials Response Team.
WHEREAS, there exists within the Commonwealth of Virginia a potential for serious
accidents involving hazardous materials; and
WHEREAS, the public health, safety, and welfare may be threatened as a result of these
incidents involving hazardous materials; and
WHEREAS, the Coordinator of the Virginia Department of Emergency Management is
authorized by Virginia Code Section 44- 146.36 to enter into agreements with political
subdivisions to provide hazardous materials emergency response within a specific geographical
area of the Commonwealth; and
WHEREAS, the City of Roanoke has established a Hazardous Materials Response Team,
trained and equipped to safely operate at hazardous materials incidents; and
WHEREAS, the City of Roanoke and VDEM desire to enhance the Commonwealth's
program to protect the environment and the health, safety, and welfare of the people of the
Commonwealth from the dangers and potential dangers of accidents and incidents involving
hazardous materials by entering into a cost - sharing agreement for the City of Roanoke to provide
hazardous materials emergency response as part of the Roanoke Valley Hazardous Materials
Response Team in the City of Roanoke and selected jurisdictions within the Commonwealth of
Virginia;
NOW THEREFORE WITNESSETH THAT, for and in consideration of the promises and
of the mutual covenants herein contained, the City of Roanoke and VDEM agree as follows;
1. DEFINITIONS: The terms set forth below shall have the following meanings unless the
context clearly requires otherwise:
A. Level III Response - Response to an incident involving hazardous materials by the
Roanoke Hazardous Materials Team at the request of VDEM or by notification from the
City of Roanoke to VDEM of a team response to such an incident. Such response begins
when either VDEM or the City of Roanoke makes the required notification, and
terminates after the response team returns to and is ready for service at their home base.
See Appendix A.
B. Training - Training in hazardous materials emergency response including, but not limited
to, the following subject areas: First Responder - Awareness, First Rcsponder- Operations,
Hazardous Materials Technician, Chemistry of Hazardous Materials, and Advanced
Tactical Control. Radiological response training is not mandatory but is highly
recommended.
C. Team — Roanoke Fire -EMS Department Hazardous Materials Response Team.
D. Hazardous Materials — Hazardous materials as defined in Virginia Code Section 44-
146.34.
E. Certification — VDEM will certify all team members under the provisions of U.S.
Occupational Safety and Health Administration (OSHA) 29 Code of Federal Re ations
(CFR) 1910.120 (q) and the National Fire Protection Association (NFPA) Standard 472
for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction
Incidents (2008 edition). Individuals can be certified as Technician and/or Specialist. To
obtain a Technician certificate, the member must have completed Hazardous Materials
First Responder - Awareness, Hazardous Materials First Responder-Operations, and the
Hazardous Materials Technician course. To obtain a Commonwealth of Virginia
Specialist certificate, the individual must meet the Technician standards, plus complete
Chemistry of Hazardous Materials and Advanced Tactical Control.
2
2. RESPONSIBILITIES OF THE CITY OF ROANOKE:
A. The City of Roanoke agrees to maintain training proficiency for all team members by
having them take, as a mirdmum, 24 hours of continuing education annually and
participate in annual drills or exercises developed or sponsored by VDEM.
B. The City of Roanoke agrees to provide:
(1) A group of up to 36 hazardous materials team members. As a goal, the Roanoke
Valley Hazardous Materials Response Team will strive to have a minimum of
35 percent of the members having a Specialist certificate. In addition, only
personnel certified for the position in which they will perform will be dispatched on
VDEM responses.
(2) Necessary response vehicles and equipment with adequate garaging, storage, and
maintenance thereof, in accordance with reasonable safety and operating standards.
(3) Team response 24 hours per day, seven days per week, at the request of VDEM,
within 30 minutes of notification. See Appendix A.
(4) Access to team equipment and to team training records by the VDEM regional
Hazardous Materials Officer (HMO) during normal business hours. A roster of team
personnel will be furnished to the II MO on a semi - annual basis.
(5) Records to VDEM for previously conducted baseline medical examinations for all
team members and leaders, as requested.
(6) A written report to VDEM within 24 hours when an M40 was not present at the
scene of an incident.
(7) To VDEM within ten working days following the close of an incident, an itemized
written statement of the expenses incurred for a Level BI response, including:
a. Salaries, wages, fringe benefit costs of response personnel, and other expenses
(in accordance with state guidelines) incurred during a response. Time billed
will be from the time City of Roanoke response team personnel are notified to
respond until they are released and arrive in home quarters. Up to two hours for
3
equipment cleanup (when necessary) are authorized. Salary and benefits
reimbursement shall be at responder's current rate at the time of the response.
b. All salaries, wages, and fringe benefits associated with call -back personnel.
c. Costs of repair and replacement of supplies consumed or damaged during a
response, excluding vehicles.
d. Equipment rate as follows:
HAZMAT TRUCK $350 per day (minimum charge per response), plus mileage rate
of $.505 per mile (more than 12 hours $250 per 12 hours)
SPECIAL SERVICE UNITS $100 per day (minimum charge per response), plus mileage rate
of $.505 per mile (more than 12 hours —$75 per 12 hours)
PUMPER $200 per day (minimum charge per response), plus mileage rate
of $.505 per mile (more than 12 hours —$150 per 12 hours)
SMALL WATERCRAFT $150 per day (minimum charge per response)
HAZMAT TRAILER $150 per day (minimum charge per response)
AUTOMOBILES/FICKUPS /CRASH $100 each per day or $.505 per mile, whichever is larger (more
TRUCKS/UTILITY VEHICLES / than 12 hours —$75 per 12 hours)
AMBULANCES/ETC
C. For the life of this agreement, the Roanoke Valley Team will maintain, with VDEM
financial assistance, a minimum Level III response equipment inventory as specified in
Appendix B attached hereto. In addition, an inventory of team equipment will be
furnished annually to VDEM HMO assigned to the team.
D. The City of Roanoke agrees to comply with Virginia Standards for General Industry, as
found in 29 CFR 1910, and in particular the regulations found in 29 CFR Part 1910.120,
Hazardous Waste and Emereencv Response.
3. RESPONSIBILITIES OF VDEM:
A. VDEM agrees to provide:
(1) Funding within the constraints of the budget authorized by the General Assembly, to
pay the cost of equipment required to complete and maintain the minimum Level III
inventory as specified by VDEM in Appendix B hereto.
4
(2) All required training. If training is held outside the City of Roanoke, cost of travel
and per diem for each member will be paid, in accordance with state guidelines.
(3) Workers' compensation coverage for response team members injured or who
become ill during or as a result of a Level Ill response in accordance with the
Workers' Compensation Act.
(4) When feasible, a VDEM HMO on scene at Level III responses, whether within or
outside the City of Roanoke. The VDEM HMO will provide technical advice and
equipment and act as liaison to the local agency requesting assistance if outside the
City of Roanoke.
B. VDEM shall request Level Ill response team assistance in accordance with the procedures
set forth in Appendix A.
C. VDEM shall reimburse directly to the City of Roanoke all eligible expenses incurred
during a VDEM - authorized Level III response, within 60 days following receipt of an
itemized statement of expenses, provided appropriate paperwork has been filed. See
Appendix C.
D. VDEM agrees to pay the cost of annual medical monitoring of team personnel up to $300
per team member, dependent upon the constraints of the budget authorized by the
Virginia General Assembly. See Appendix E for guidelines for physicals. In addition,
VDEM agrees to pay all costs associated with examination and treatment, including, but
not limited to, hospital costs for illness or injury suspected of being caused or actually
caused by exposure to hazardous materials as a result of Level III response activities,
within 60 days following receipt of an itemized statement of costs.
E. VDEM will pay (the Roanoke Fire -EMS Team) $1,000 annually, as funds we available
from the General Assembly, for annual team training/drill.
F. VDEM agrees to pay the City of Roanoke actual cost of damage, up to $1,000, for each
vehicle that is damaged as a result of a VDEM - authorized response. This is the maximum
VDEM will pay for any one vehicle, regardless of the amount of damage. If a third party
5
is involved in an accident and is at fault, collection will be attempted by the City of
Roanoke from the third party before VDEM will reimburse.
G. VDEM agrees that the City of Roanoke Hazardous Materials Team is an authorized agent
of VDEM when responding to a Level III incident as described in this agreement. When
the City of Roanoke Team is an authorized agent of VDEM, the City of Roanoke is under
the Risk Management Plan for Public Liability provided in Virginia Code Section 2.2-
1837 which provides protection against liability from claims made against an authorized
agent while acting in an authorized governmental capacity and in the scope of the
authorization.
4. USE OF VDEM FUNDS: All funds reimbursed to or passed through the City of Roanoke
from VDEM pursuant to this agreement shall be used only to provide for hazardous materials
response program expenses, and shall not be used to supplant or replace funds for any other
program or activity.
5. REFUSAL TO RESPOND: The City of Roanoke reserves the right to refuse to respond to a
VDEM request for Level III response if the team is already committed to other emergency
activities.
6. SERVICE AREA: See Appendix D.
7. TERMINATION: This agreement may be terminated by either party upon 30 days' written
notice thereof to the other party.
8. AMENDMENTS: This agreement may be amended in writing and by mutual agreement of
all parties.
9. Notwithstanding anything to the contrary contained in this agreement, equipment purchased
during this agreement shall become the property of the City of Roanoke after this agreement
terminates.
10. This agreement shall not preempt any existing mutual aid agreement (written or verbal) now
in effect by the City of Roanoke.
6
it. If at any time during the term of this agreement the Code of V ireinia is changed in any way to
diminish or alter the authority of the local fire chief at any hazardous materials incident, this
agreement may be terminated.
12. ANNUAL APPROPRIATION: This agreement is subject to annual appropriations by the
team's local governing authority. In addition, this agreement is subject to appropriations and
budget constraints authorized by the Virginia General Assembly.
13. DURATION OF CONTRACT: This contract is to be in effect beginning July 1, 2012, and
will expire June 30, 2016.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by the
following duly authorized persons:
VDiGINIA DEPT. OF EMERGENCY MANAGEMENT
By:T�
State Coordinazor
Date: 0,/ 1 / L
CITY OF ROANOKE
Title: LAiALn P14 mA 4Ma2
Date: f5 Is 113
APPENDIX A
RESPONSE PROCEDURES
There are two basic scenarios for a Level III response requiring a regional team: an
incident outside the jurisdictions of a hazardous materials response team, and an incident within
their jurisdictions. With these two possibilities, certain ground rules most be applied before a
state Level III response is authorized and, subsequently; a hazardous materials response team
dispatched and reimbursement authorized. Response procedures are:
1. Virginia Department of Emergency Management (VDEM) is notified of the incident.
2. VDEM regional Hazardous Materials Officer (HMO) for the jurisdiction involved is
contacted and, in turn, contacts the calling party.
3. The regional VDEM HMO, in coordination with the affected jurisdiction, declares a Level III
response.
4. VDEM HMO responds along with the regional Level III team.
For a Level III incident within a response team's home jurisdiction, the notification
process is the same as above. VDEM will respond with the team and treat the incident as a Level
III response.
LINE OF AUTHORITY:
1. When the Roanoke Valley Hazardous Materials Response Team is activated, the team will
report to the VDEM HMO. If the VDEM HMO is not on scene, the team will report to the
local fire chief or the chiefs designee having jurisdiction.
2. The Roanoke Valley Hazardous Materials Response Team Leader shall maintain operational
authority over the response team members. The team leader shall, in conjunction with the
VDEM HMO, determine the number of response team personnel required at the incident
scene. The VDEM HMO will dewmtine the number of personnel required during the initial
response phase of an incident.
A -1
3. ht the event there are conflicts in management decisions between the local authority, the
VDEM HMO, and the regional hazardous materials team leader, or if the VDEM HMO
initiates or fails to initiate any action or decision that would jeopardize the safety of the
bazardous materials response personnel or equipment, the regional hazardous materials team
leader shall have the authority to terminate the regional response and return to their locality.
There shall be no recourse against the regional hazardous materials team leader, the regional
hazardous materials team personnel, or the City of Roanoke.
Other than for an investigative response, the City of Roanoke shall make the sole
determination of manpower and equipment resources necessary to provide a response based on
information received from VDEM or other sources.
INVESTIGATIVE RESPONSE:
There are times when a VDEM HMO is not immediately available to respond to a
jurisdiction when requested to investigate a possible hazardous materials incident. In this case,
the City of Roanoke will be requested to dispatch a maximum of three hazardous materials team
members to perform an investigative response. On scene the team members will be asked to
evaluate the problem and report back to the VDEM IIMO. Once all of the information is
gathered, the HMO will determine whether to elevate the response or direct whatever action is
necessary to mitigate the problem. The City of Roanoke will be reimbursed at the normal rate for
an investigative response. All responses will be billed for a minimum four -hour duration.
A -2
APPENDIX B
MINIMUM EQUIPMENT LIST
HAZARDOUS MATERIALS RESPONSE
LEVEL WE AND LEVEL 111 TEAMS
EQUIPMENT TO BE CARRIED ON RESPONDING HAZMAT VEHICLES
REFERENCE MATERIAL
- Emergency Response Guidebook, current edition (computer available)
- CHRIS Manual, current edition (computer available)
- Fire Protection Guide on Hazardous Materials, NFPA, current edition
- NIOSH Pocket Guide to Chemical Hazards, current edition
- Merck Index, current edition
- Hawley's Condensed Chemical Dictionary, Sax and Lewis, current edition
- MSDS (CD/DVD or hardcopy)
- TLV's and BEL's Guidebook, ACGIH, current edition
- Matheson Gas Data Book, Matheson, current edition
- Household Chemicals and Emergency First Aid, current edition
- Gardner's Chemical Synonyms and Trade Names, Ash, current edition
- First Responder's Guide to Agricultural Chemical Accidents, current edition
- Hazardous Chemicals Desk Reference, current edition
- CFR 49 Parts 100 -177
- GATX Tank Car Manual, current edition
- Effects of Exposure to Toxic Gases, First Aid and Medical Treatment, Matheson, current
edition
- Hazardous Materials Injuries, Stutz, current edition
- Emergency Care for Hazardous Materials Exposure, Bronstein, current edition
- First Responder Chem -Bio Handbook, current edition
- Jane's Chem -Bio Handbook, current edition
Clandestine Laboratory, First Responder, NES Inc., current edition
- Clandestine Laboratory, Site Safety Officer, NES Inc., current edition
- Clandestine Laboratory, Operation and Safety, NES Inc., current edition
Computer Programs:
- Chemical Reactivity Worksheet hftp,/Iresi)onse-restoration.noaa.gov/Chemaids/react.html
- NIOSH Pocket Guide htty71/www.cdc.aov/niosh/npq /
- Gloves Plus, Current Version
- Cameo, Marplot, and Aloha
- Chemical Protective Compatibility Program (Based on localities CPC, to include APR,
Boots, and Gloves)
Electronic Pesticide Dictionary
Computer Mapping Program
WISER for Windows
CONVERT
RAE Systems IP Chart
Minimum Equipment List 8 -1 Juy 2012
. RING
- Multigas meter, 4 gas LEL, 02, H2S, CO; 2 each
, with calibration kits and accessories
- Colorimetric tube pump, with extension hose, 2 each
- Colorimetric tubes, 1 box each,
Acetone 100/b
Methyl bromide 51b
Acid test
Organic arsenic
Alcohol 100 /a
Organic basic
Ammonia 0.25/a
Perchloroethylene 2/a
Chlorine 0.2/a
Petroleum hydrocarbons 100 /a
Cyanide 2/a
Phosphoric acid ester 0.05 /a
Diethyl ether 100 /a
Phosphine 0.1 /a
Ethylene oxide 1/a
Polytest
Ethyl acetate 200 /a
Simultaneous Test -Set I with adapter
Formaldehyde 0.5 /a
Simultaneous Test -Set II
Formic acid 1/a
Sulfur dioxide 0.5 1a
Hydrocarbon 0.1%.Ib
Thioether
Hydrochloric acid 1/a
Toluene 5/b
Hydrocyanic acid 2/a
Mercury vapor 0.1/b
Photoionization detector
Flame Ionization Detector
BIOCH ECK Powder Screening Kit, (4)
PH Paper, 2 each (1/2" rolls or strips)
Water finding test paper, 2 each
Radiation monitoring equipment:
-
- Ludlum VA 2240 with 44 -9 pancake detector, 1
each
Ludlum 14C (alpha/beta/gamma) survey meter,
leach
Geiger - Muller Beta/Gamma Probe
TLDS for all Team Members
Dosimetry
Pesticide screening kit, 1 each
PCB test kits:
- Clor -N -Soil, 2 each
- Clor -N -Oil 50, 2 each
- Leak detectors (soap solution, ammonium hydroxide, sponge, etc.)
Water finding paste, 1 each
Tank gauging stick
Lead check swabs kit, 1 each
Squirt bottle, 3 each
Distilled water, 1 gallon
Heat sensor, infrared
Magnetic surface thermometer
M -8 paper, 2 packs
M -9 paper, 2 packs
Minimum Equipment List 8 -2 July 2012
SAMPLING EQUIPMENT
Coliwasa tubes, 12 each
- Scoops, 12 each
Trowels, 12 each
Sample jars:
8 oz. wide mouth, with Teflon lids, 1 case
8 oz. wide mouth EPA - listed, sealed case, with Teflon lids, 1 case
16 oz. wide mouth, with Teflon lids, 1 case
32 oz. amber jars, 1 case
VOC containers with septa lids, 1 case
500 ml liters, wide mouth, HDPE sample jars, 12 each
Plastic pipettes, 23 ml, 25 each
Zip lock baggies, 1 gallon, 1 box
Zip lock baggies, 2.5 gallons, 1 box
- 1 gallon metal evidence cans, 6 each
Tweezers, plastic, 6 each
Flags, wire stakes, 1 bundle
PROTECTIVE PERSONAL
- SCBA, 60 minute, 8 each
- Personal Alarm (PASS), 8 each
- SCBA spare cylinders, 60 minute, 8 each
- Full -face respirators, 8 each
- Cartridges, organic vapor /acid gas, 8 pairs
- Cartridges, organic vapor /acid gas /P -100, 8 pairs
Cartridges, P -100, 8 pairs
Cartridges, mercury, 4 pairs
- Turnout gear, NFPA 1971 approved (must meet NFPA 1971, 1997 Edition), including coat,
pants, helmet, hood, gloves, boots; 8 sets
- Limited -use coveralls with hoods and booties, minimum of 2 types, 12 each
- Viton gloves, heavyweight, 12 pair
- Butyl gloves, heavyweight, 12 pair
- Nitrile gloves, heavyweight, 24 pair
- PVC gloves, heavyweight, 24 pair
- Neoprene gloves, heavyweight, 12 pair
- Nitrile lightweight under gloves, 2 boxes, 100/box
- Leather work gloves, 24 pair
- Boots, "Tingley HazProof," 12 pair
- Latex overboots, 24 pair
- Kappler Chem -Tape 2, 2 rolls
- Splash goggles or face shields, 6 each
- 3/4- length fire boots or hip waders, 6 pair
- Leather work boots, steel toe, 1 per team member
- Head protection, 1 per team member
- Safety glasses, 1 per team member
- Hearing protection, 1 per team member
- Life jackets — Type III, 6 each
M1Nmum Equpment List B -3 Juy 2012
TOOLS
- Shovels, round point, 2 each
- Shovels, square point, 2 each
- Shovels, scoop, non - sparking, 2 each
- Pike pole, 8', 1 each
- Flat -head ax, 1 each
- Haligan bar, 1 each
- Street brooms, 2 each
- Bolt cutter, 36 ", 1 each
- Bung wrench, non - sparking, 1 each
- Bung wrench, standard, 2 each
- 1/2" ratchet with 15/16" socket, 2 each
- Drum upender, 2 each
- 2" PVC pipe, 24" long, 4 each
- Drum truck, 1 each
- Drum sling, 1 each
Rotary transfer pump, petroleum type, 1 each
- Drum pump, acid compatible, 1 each
- Powered (12vdc, 110vac or air) fuel transfer pump, 1 each
Tool kit, standard, 1 each
- Tool kit, non - sparking, 1 each
Wrecking bar, 24 ", 1 each
- Knife, utility, 1 each
Heavy -duty utility knife blades, 10 each
Mallet, 4 -lb., 1 each
Sledge hammer 8# or greater, 1 each
Fence post driver, 1 each
Floor squeegee, 1 each
Air drill, 1 each
Hole saws, 3" and 4 ", 3 each
Air regulator (4500 psi) for SCBA cylinder, 1 each
Air hose, 50', with connectors
Pipe wrenches:
- 36 ", 2 each
- 24 ", 2 each
- 8 ", 2 each
3/8" utility rope, 500'
Strap wrench 4" or greater, 2 each
Step ladder (type 1) 6 foot, 1 each
Minimum Equipment List 8.4 July 2012
LEAK AND SPILL CONTROL EQUIPMENT
- Chlorine A Kit, 1 each
- Chlorine B Kit, 1 each
- Chlorine C Kit, 1 each (optional Level H-E)
- Sulfur dioxide gasket kit
- Edwards /Cromwell repair kit "A" (drum patch kit) or equal assorted equipment
- Edwards Cromwell repair kit "B" (tank patch kit) or equal assorted equipment
- Edwards /Cromwell repair kit "C -1" (pipe plug kit) or equal assorted equipment
- Edwards /Cromwell repair kit "C -2" (pipe patch kit) or equal assorted equipment
- Assorted clamps, plugs, and patch items
- Assorted pipe plugs, caps, valves, nipples — /z" to 2 -Yz"
- Assorted nuts and bolts (up to 1/2" diameter and various lengths)
- Taper plugs, wooden, sizes 1"-6 ", 1 set
- Duct tape, 4 rolls
- Dome clamps, 6 each
- Filter fence components (options
Fencing, 4'x 100', 1 roll
Fence posts, 6', 18 each
- Utility wire, 1 roll or plastic cable ties, 50 each
- Materials for underflow dams
- PVC pipe, 4" x 4', 8 each
- PVC pipe, 6" x 4', 8 each
- 4" PVC couplings, 4 each
- 6" PVC couplings, 4 each
- Absorbent booms, 5" x 10', 40 booms
- Absorbent pads, 17" x 19 ", 1000 pads
- Containment booms, 200'
- Clay -type absorbent, 4 bags
- Soda ash, 100 lbs.
- Sodium bicarbonate, 50 lbs.
- Plug 'n Dike, 5- gallon container, dry type or equivalent
- AFFF -ATC Foam, 100 gallons
Portable foam eductor and foam nozzle
- Mercury spill kit, 2 each
- Salvage drums, 85 gallon, steel, 2 each
- Poly salvage drums, 95 gallon, 2 each
- Poly lab pack, 20 gallon, 2 each
- Drum, 55 gallon, steel, 1A2/Y7.5/150, 2 each
- Chemical Resistant Pnuematic Leak Control Device (i.e., Vetter Bags)
- Flaring Kit with Adapters
Minimum Equipment List 5-5 July 2012
DECONTAMINATION EQUIPMENT
- Decon shower with hoses
- Traffic cones, 10 each
- Brushes, long handle, 6 each
5/8" or 3/4" garden hose, 50' sections, 4 each
- Polyethylene sheeting, 20'X 100', 1 roll
- Garden hose nozzles, 4 each
- Containment basin, 4 each
- 5- gallon buckets with lids, 6 each
- 55- gallon plastic bags, 24 each
- 1-W' NSFT female to 518" garden hose adapter, 2 each
- 5/8" gated wye, 2 each
- 10 lbs. TSP or detergent
- 2 gallons bleach
10 lbs. sodium bicarb
- Hand - operated diaphragm pump with hoses (i.e., guzzler pump), 3 each
- Garden sprayers, 2.5 gallon, 2 each
- Tyvek coveralls or victim cover (with hoods & booties), 48 each
- Shelters, 10'x10' minimum with sides, 2 each
SAFETY EQUIPMENT
Trauma -type first aid kit, 1 each
Emergency eye wash, 1 each
Timer or stopwatch, 3 each
Safety harness with 100' retrieval ropes, 2 each
20 -lb. ABC fire extinguisher, 1 each
Class "D° fire extinguisher, 1 each
Hand lights, explosive proof, 4 each
Flashlights, 10 each
Portable lights, 110 volt, 4 each
Generator (for tools and lights), 1 each
Extension cable, 12/3 wire x 50 foot, 4 each
Banner tape (red), 2 rolls
Banner tape (yellow), 2 rolls
Copper grounding rods, 3/4" x 4' (minimum length), 8 each
Grounding cables, point -type clamp or C- clamps one end,
stainless steel ( uninsulated), 50' minimum, 4 each
Bonding cables, point -type clamps or C- clamps on bott
(uninsulated), 50' minimum, 4 each
alligator clamp one end, 1/8"
ends, 1/8" stainless steel
Grounding rod bonding cables, alligator clamp both ends, 1/8" steel uninsulated, 12', 8 each
Ohm meter, intrinsically safe
Ground resistance tester, 1 each
Traffic safety vest, 8 each
Explosive -proof exhaust fan, with 20' exhaust hose, 1 each
Lock out -Tag out kit, electrical /valve, 1 each
Victim rescue unit (backboard /strokes /etc.), 2 each
Minimum Equipment List 8-6 July 2012
MISCELLANEOUS EQUIPMENT
Weather kit (capable of measuring temperature, wind speed and direction, and relative
humidity)
Binoculars (minimum of 10X), 2 each
Night vision binocular, 1 each
- GPS, handheld, 1 each
- Camera, 35mm with flash, telephoto lens
- Print film, 4 rolls
- Camera, Digital
- Camera, Video, VHS
- VHS tape, 4 each
- Command vests, 8 each
- Office supplies kit (notepads, pencils, etc.)
COMMUNICATIONS EQUIPMENT
Multi-channel portables with chargers, 12 each
Vehicle- mounted radios, low band 39.54, VHF with VDEM channels, 1 per unit
In -suit communication devices, 8 each
Cellular telephone
Fax machine (must be capable for field use)
Computer with printer
Copier, plain paper
On -scene Internet capability
Minimum Equipment List B -7
July 2012
APPENDIX C
SEMENT PROCEDURES
These procedures apply regardless of where the incident occurs in Virginia. Level III
jurisdictions will not be penalized if a Level ITT response is required within their jurisdiction and
will be reimbursed, if it qualifies, for the response.
Reimbursement procedures for regional Level III teams me:
1. Payment of salaries, wages, fringe benefit costs of response personnel, and other expenses (in
accordance with state guidelines) incurred during a response. Time billed will be from the
time City of Roanoke response team personnel are notified to respond until they we released
and arrive in home quarters. Up to two hours for equipment cleanup (when necessary) are
authorized for personnel involved in the response and also costs associated with call -back
personnel.
2. Payment for or resupply of expendable materials used during the incident.
3. Payment for or replacement of nonexpendable items (suits, au packs, etc.) damaged beyond
economical repair. A statement from the City of Roanoke will be required documenting
extent of damage, length of time in use, and condition of item at time of damage.
4. Payment for repair of nonexpendable items.
5. Payment of workers' compensation claims.
6. Payment for vehicle insurance deductible only (up to $1,000) if the vehicle is involved in an
accident on a Level III response. If a third party is involved in an incident and is at fault,
collection will be attempted by the City of Roanoke from the thud party before VDEM will
reimburse.
VDEM will accept an itemized statement, with all responding personnel listed, plus all
equipment and vehicles used, verified by the VDEM regional HMO, from the Level ID
jurisdiction and will provide direct reimbursement to the individual jurisdictions. Payment will
be made within 60 days after receipt of the verified bill at the VDEM Richmond office.
C -1
APPENDIX D
RESPONSE AREA FOR
ROANOKE VALLEY REGIONAL HAZMAT RESPONSE TEAM
Alleghany County
Appomattox County
Bath County
Bedford County
Bedford City
Botetourt County
Buena Vista City
Campbell County
Clifton Forge City
Covington City
Craig County
Floyd County (northeast of Route 8)
Franklin County
Henry County (west of Route 220)
Lynchburg City
Montgomery County (east of Route 460 west to Blacksburg east on I -81 and Route 8)
Patrick County
Roanoke City
Roanoke County
Rockbridge County (south of 1- 64/1 -81 interchange)
Salem City
Vinton Town
D -1
APPENDIX E
ANNUAL PHYSICALS
The Virginia Department of Emergency Management agrees to pay the cost (up to $300 /member)
of annual medical monitoring of contract team personnel dependent upon budget constraints
authorized by the Virginia General Assembly.
These physicals will be in accordance with the following guidelines:
Suggested routine procedures to be performed with every vhvsical
Exam HAZMAT
X -Ray Chest (PA & LAT)
Pulmonary Function Test
EKG
Lab Panel:
Liver — Total protein, Albumin, Globulin, Total Billimbin
Kidney — BUN, Creatinine, Uric Acid
Blood Forming — CBC, WBC, RBC, HGB, HCT
Urinalysis
Exposure testing (to be performed only if there is a documented exposure)
Executive 1 (CBC, SMA, LIP)
Cholinesterase, Serum (pesticide)
Lead with ZPP
PCB blood test
Heavy metals testing
&1
A ,T
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012.
No. 39494 - 090412.
An ORDINANCE providing for the acquisition of real property rights needed by the City
in connection with the Westover Avenue Drainage Improvement Project; authorizing City staff
to acquire such property rights by negotiation; authorizing the City Manager to execute
appropriate acquisition documents; and dispensing with the second reading by title of this
Ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. For the Westover Avenue Drainage Improvement Project, in the general area of
the 2500 block of Westover Avenue and surrounding streets in the southwest quadrant of the
City, the City wants and needs certain real property rights, to include temporary construction
easements, permanent easements, rights of ingress and egress, licenses or permits, and such other
real property interests as needed, as set forth in the Agenda Report to this Council dated
September 4, 2012. The proper City officials and City staff are hereby authorized to acquire by
negotiation the necessary real property interests and appropriate ancillary rights with respect to
the real property parcels referred to in the above mentioned Agenda Report for such
consideration as the City Manager may deem appropriate. All requisite documents shall be
approved as to form by the City Attorney.
2. The City Manager is further authorized to execute appropriate acquisition
documents for the above mentioned parcels for such consideration as deemed appropriate for the
necessary interests, provided, however, the total consideration offered or expended, including
costs, title search fees, appraisal costs, and recordation fees, design and construction costs, shall
not exceed the funds available in the project account for such purposes, without further
Ord - authorize acquis of prop rights W stover Ave Drainage Improvanem Project. doc
authorization of Council. Upon the acceptance of any offer and upon delivery to the City of
appropriate acquisition documents, approved as to form and execution by the City Attorney, the
Director of Finance is authorized to pay the respective consideration to the owners of the real
property interest conveyed, certified by the City Attorney to be entitled to the same.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
/ *i "" _ •0 / 10 Ori
City Clerk. Il
Ord- auNorize acyuis of prop rights- Wesrover AVe Drainage lmprovnnentP ,a.doc
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 4, 2012
Subject: Westover Avenue Drainage Improvement Project -
Acquisition of Real Property Rights
Background:
As part of the FY2013 Capital Improvement Program, City Council appropriated
$1.12 million for storm drain improvement projects. This will be matched with
$1.1 million in Virginia Department of Transportation Revenue Sharing funds.
One such project is the installation of storm drains for the Westover Avenue
Drainage Improvement Project in the general vicinity of the 2500 block of
Westover Avenue and surrounding streets. The City will need to acquire real
property rights from private owners in order to construct, operate, and maintain
the proposed storm drainage system.
Considerations:
City Council action is necessary to authorize the acquisition of real property rights
needed for the Westover Avenue Drainage Improvement Project. The real property
rights needed are outlined below, but are subject to minor variation of location
and extent pending final engineering design details.
Funding for acquisition of the real property rights is available in the project
account 08 -530 -9734, Neighborhood Storm Drain Projects.
Temporary construction and /or permanent easements of variable length and
width are required to accommodate construction activities and will affect six (6)
properties in the general vicinity identified above. These properties have been
identified as follows:
Tax map
Parcel Number
Address
Owner
1520101
2852 Roanoke Avenue
Akzo Nobel Coatings, Inc.
1520125
1 301 Burks Street
M &W Properties
1 520126
1 305 Burks Street
Chon and Lehoa Bui
1520709
2465 Westover Avenue
Brandon Welch
1520425
2501 Westover Avenue
David Webster
1520701
2458 Memorial
Michael and Dawn Smith
Recommended Action:
Authorize the acquisition of real property rights needed to construct the proposed
Westover Avenue Drainage Improvement Project by negotiation and execution of
the appropriate acquisition documents by the City Manager, such documents to
be approved as to form by the City Attorney.
&or . Morrill
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Robert K. Bengtson, P. E., Director of Public Works
Philip C. Schirmer, P.E., City Engineer
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Far: (540) 853 -1145
STEPHANIE M. MOON, MMC E -mail JONATHAN E. CRAFT
dk,k@roanokeva.gov
Deputy City Clerk
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
September 6, 2012
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 39495 - 090412 amending and reordaining various
sections and Appendix A, Definitions, and adding various sections, of Chapter 36.2,
Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of
updating and clarifying the City's Zoning Ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, September 4, 2012, and is in full force and effect
upon its passage.
Sincerely,
AF"t �
Stephanie M. Moon, MMC
City Clerk
Enclosure
PC: Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
The Honorable Donald S. Caldwell, Commonwealth Attorney
The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick S. Kahl, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2012 .
No. 39495-090412 .
AN ORDINANCE amending and reordaining various sections and Appendix A,
Definitions, and adding various sections, of Chapter 36.2, Zoning, of the Code of the City of
Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning
ordinance, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The following sections of Chapter 36.2, Zoning, of the Code of the City of
Roanoke (1979), as amended, are hereby amended and reordained, or added to Chapter 36.2,
Zoning, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows:
* * *
ARTICLE 2. ZONING DISTRICTS.
Sec. 36.2-205. Dimensional regulations.
* * *
(e) Yards, generally.
* * *
Table 205-1. Permitted Yard Encroachments
(A) (B) (C) (D)
Feature Front Side Rear
Bay windows, . •-- •: . . - . - •- • : Yes No Yes
2 feet 2 feet
Chimneys, . .•_ ••: . - . _ . _ •• . . . Yes Yes Yes
2 feet 2 2 feet
feet
Flagpoles Yes Yes Yes
Handicap ramps •• - • .. . . . . . •. , . - •- . •- . . . . . - Yes Yes Yes
1
_ -: •- . . - • : , , . . 9 , - associated —7 —4 10
with a residential use feet feet feet
Heating and cooling units or solar panels, : :• - : • : - • No Yes Yes
interyand 2
feet
Overhanging roofs, eaves, gutters, cornices, or awnings, projecting Yes Yes Yes
. - e - -- • —2 —1 —2
feet foot feet
Protective hoods or overhangs over a doorway, Yes No Yes
feet into yard 2 feet 2 feet
Refuse container installation and enclosure in a public park Yes Yes Yes
Retaining walls Yes Yes Yes
Unenclosed decks, terraces, steps, stoops, or porches of a height not No No Yes
exceeding 4 feet, projecting no more than 2 feet into yard. "Unenclosed" 2 feet
means that the feature has no walls or other permanent vertical or horizontal
enclosures other than a guardrail or balustrade,
Utility cabinet that is part of a utility distribution or collection system Yes Yes Yes
Rules of Interpretation for Table 205 1: Column (A) lists the encroachment, and in certain
Any distance specified in the "Front", "Side", or "Rear" columns
indicates the maximum distance the feature may encroach into the required yard.
"Yes" means the encroachment is permitted into the specified yard.
"No" means the encroachment is not permitted into the specified yard.
(f) Front yards.
* * *
(3) Maximum front yard requirements shall apply : - - •- -•.. . - - .
.• - -
_ -•- . •. • .. . . . , as specified in Table
205-2 below.
* * *
Table 205-2. Application of Maximum Front Yard Requirements
Proposed development Application of maximum yard requirement
.2
Addition to an existing principal Not subject to maximum yard requirement.
building or new principal building
that does not widen any street-facing
facade
New principal building where no Locate at least 60 % of the new building façade
other buildings are located on the between the maximum and minimum yard lines.
site
Addition to an existing principal Locate and size any addition so either all the added
building that widens any street- street facing façade is between the maximum and
facing façade, where the existing minimum yard lines, or at least 60% of the resulting
building conforms to the minimum total of street-facing facades is between the maximum
and maximum yard requirements. and minimum yard line.
Addition to an existing principal Locate and size any addition so
building that widens any street- All of the new added street facing façade is between
facing façade, where the existing the maximum and minimum yard lines
building does not conform to the or
minimum or maximum yard At least 60% of the resulting total of street-facing
requirements. facade is between the maximum yard line and the lot
frontage.
New principal building where one or Locate and size any new building so at least 60% of the
more principal buildings exist on the resulting total of street-facing facades is between the
site, and the new building increases maximum yard line and the lot frontage or, where
the width of street- facing facades. existing buildings are located beyond the maximum
yard line, locate 100 % of the new building between
the maximum and minimum yard line.
(.) I• . _ . . . _ .. . _ • . _. . . . . , . . ---
. . . . • . . •- . . . . . . , . - ! .• -
(i) Yards- Corner lots and through lots.
* * *
(1) Corner lots having two (2) street frontages shall provide yards as follows:
* * *
(B) In the MX, CN, CG, D, IN, and OF districts, two maximum yards shall be
established according to Section 36.2-319.
(-l )(C ) In all other districts, one (1) front yard shall be provided with
the minimum and maximum depths of the district. The other front
yard shall be subject only to a minimum required depth of one-half (Y2)
the minimum front yard required by the district.
3
(C)(D) Any yards remaining after front yards have been provided shall be
considered side yards.
(2) Corner lots having more than two (2) street frontages shall provide a front yard
for each frontage:
* * *
(B) In the MX, CN, CG, D, IN, and UF districts, two maximum yards shall be
established according to Section 36.2-319.
(-l )((') In all other districts, two (2) front yards shall be provided with the
minimum and maximum depths of the district. Any other front yards shall
be subject only to a minimum required depth of one-half('h) the minimum
front yard required by the district.
(C)(D) Any yards remaining after front yards have been provided shall be
considered side yards.
(3) Through lots shall provide a front yard for each frontage:
* * *
(B) In the MX, CN, CG, D, IN, and UF districts, two maximum yards shall
be established according to Section 36.2-319.
( (C) In all other districts, one (1) front yard shall be provided with the
minimum and maximum depths of the district. The other front yard shall
be subject only to the minimum front yard required by the district.
(G)(D) Any yards remaining after front yards have been provided shall be
considered side yards.
(4) In the case of any corner lot not referenced in subsections (1) - (3) above, where
maximum front yards are established by this chapter, such maximum front yard
requirements shall apply to only one (1) of the front yards, except where Section
36.2-319 applies. - - . •- .. . . - - . . .. . . .
two(2) front yards of any corner lot in the UF District.
ARTICLE 3. REGULATIONS FOR SPECIFIC ZONING DISTRICTS
* * *
4
DIVISION 1. RESIDENTIAL DISTRICTS
* * *
Sec. 36.2-311. Use table for residential districts.
District RA R- R- R- R- RM- RM- RMF Supplemental
12 7 5 3 1 2 Regulation
Section
Residential Uses
Dwelling, single-family attached PP P P
Dwelling, single-family detached P P P P P P P
Dwelling, two-family S P
Dwelling, multifamily P P
Dwelling, townhouse or rowhouse P S P P 36.2-431
Dwelling, manufactured home P
Dwelling, mobile home P 36.2-417
Accommodations and Group Living Uses
Bed and Breakfast P S S S S S S 36.2-405
Boarding house S
Group care facility, congregate home, S P 36.2-412
elderly
Group care facility, congregate home, not S S 36.2-412
otherwise listed
Group care facility, group care home S S 36.2-412
Group care facility, halfway house S S 36.2-412
Group care facility, nursing home P 36.2-412
Group care facility, transitional living 36.2-412
facility
Group home P P P P P P P
Commercial Uses
Day care home, child P P P P P P P P
Fire, police, or emergency services S S S S S S S
Utility Uses and Structures
Utility distribution or collection,basic P P P P P P P P
Utility distribution or collection, S S S S S S S S
transitional
5
Wireless telecommunications S S S S S S S S 36.2-432
facility
Wireless telecommunications P P P P P P P P 36.2-432
facility, stealth
Animal and Agricultural Uses
Agricultural operations P S S S S S S S
Animal shelter P
Botanical garden or arboretum P
Community garden P P P P P P P P 36.2-407. 1
Composting facility S
Nursery or greenhouse, P
commercial
Pet grooming P
Kennel, no outdoor pens or runs P
Kennel, with outdoor pens or runs S
Stable, commercial P 36.2-428
Wildlife rescue shelter or refuge area P
Accessory Uses
Accessory uses, not otherwise listed in this P P P P P P P P 36.2-403
table
Accessory apartment S S S S S S P 36.2-402
Home occupation, excluding P P P P P P P P 36.2-413
personal service
Home occupation, P P P P P P P P 36.2-413
personal service
Outdoor storage P 36.2-423
Stable, private P P 36.2-403
Temporary health care structure P P P P P P P P 36.2-403
Wind turbine, commercial S 36.2-403
Wind turbine, small S S S S S S S S 36.2-403
""P"" indicates a use permitted as of right.
""S"" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
* * *
DIVISION 2. MULTIPLE PURPOSE DISTRICTS.
6
* * *
Sec.36.2-315. Use table for multiple purpose districts.
District MX CN CG CLS D IN ROS OF Supplemental
Regulation
Section
Residential Uses
Dwelling, single-family attached P P
Dwelling, single-family detached P
Dwelling, two-family P
Dwelling, multifamily P P P P
Dwelling, townhouse or rowhouse P P P P 36.2-431
Accommodations and Group Living
Bed and breakfast S S 36.2-405
Dormitory P
Group care facility, congregate home, S 36.2-412
elderly,
Group care facility, nursing home S 36.2-412
Group home P P P P
Hotel or motel P P P P
Commercial Uses: Office and Related Uses
Blood bank or plasma center P P
Business service establishment, not S P P P P P
otherwise listed
Employment or temporary labor service P
Financial institution PP P P P
Laboratory, dental, medical, or optical P P P P P
Laboratory, testing and research SP SP SP P
Medical clinic P P P P P P
Office,general or professional P P P P P P
O f f i c e, general or professional, large P P P P P P
scale
Outpatient mental health and substance S
abuse clinic i
Commercial Uses: Miscellaneous
7
Animal hospital or veterinary clinic, no P P P P P
outdoor pens or runs
Caterer, commercial P P P P
Community market P P P P P P P
Drive-through facility SP P S 36.2-409
Drive-through kiosk SP P S 36.2-409
Flea market, indoor P P P
Flea market, outdoor S S
Funeral home P P P
Kennel, no outdoor pens or runs P P P
Live-work unit P P P P P P 36.2-416
Mixed-use building P P P P P P 36.2-416
Outdoor advertising sign P P 36.2-675
Studio/multimedia production facility P P P P P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food P P P P P
production, Retail
Body piercing establishment P P P P P
Building supplies and materials, retail P P P
Car wash, not abutting a residential P P 36.2-406
district
Car wash, abutting a residential district S S 36.2-406
Contractor or tradesman's shop, general SP P S P
or special trade
Dry cleaning and laundry pick-up station P P P P P
Dry cleaning plant or commercial laundry P
Gasoline station SP P S 36.2-411
General service establishment, not P P P P P
otherwise listed
Internet Sales Establishment P P P P P
Janitorial services establishment P P
Laundromat P P P P P
Manufactured or mobile home sales P
Motor vehicle rental establishment, P P P P
without inventory on-site
Motor vehicle rental establishment, with P P S
•
8
inventory on-site
Motor vehicle repair or service P P S S 36.2-419
establishment
Motor vehicle sales and service P P 36.2-420
establishment, new
Motor vehicle sales and service P P 36.2-421
establishment, used
Nursery or greenhouse, commercial P P S
Personal service establishment, not P P P P P P
otherwise listed in this table
Pet grooming PP P P P
Retail sales establishment, not otherwise P P P P P
listed
Storage building sales P
Tattoo parlor P P P P P
Industrial Uses
Bakery, confectionary, or similar food P
production, wholesale
Commercial printing establishment P P
Electrical component assembly, P
wholesale distribution
Fueling station, commercial or wholesale P P
Manufacturing: Beverage or food P
processing, excluding poultry and animal
slaughtering and dressing
Manufacturing: General, not otherwise S
listed in this table
Manufacturing: Steel or metal S
production, fabrication, or processing
Motor vehicle or trailer painting and body S S 36.2-418
repair
Workshop S P P SP 36.2-433
Warehousing and Distribution Uses
Distribution center, not otherwise listed S
Warehouse SP
Assembly and Entertainment Uses
Adult uses S 36.2-404
Amphitheater P
9
Amusement, commercial, indoor S P P P P
Amusement, commercial, outdoor P P
Botanical garden or arboretum P P P
Club, lodge, civic, or social organization P P P P P P P
Community center P P P P P P P P
Eating establishment P P P P P
Eating and drinking establishment, not P P P P P
abutting a residential district
Eating and drinking establishment, SS S S S
abutting a residential district
Entertainment establishment, abutting a S SS S S
residential district
Entertainment establishment, not abutting S P P P P
a residential district
Exhibition, convention, or conference P P
center
Gaming establishment S S
Golf course P
Health and fitness center P P P P P P
Meeting hall P P P P P P P
Park or playground P P P P P P P P
Place of worship P P P PP
Recreation, indoor P P P P P
Recreation, outdoor P P P P
Sports stadium, arena, or coliseum P
Theater, movie or performing arts P P P P P
Zoo P
Public, Institutional, and Community Facilities
Aquarium or planetarium P
Artist studio P P P PP P
Cemetery P
Community food operation P
Community garden P P PP P P P P 36?-407.1
Day care center, adult P P P P PP P
Day care center, child S P PP PP P 36.2-408
Day care home, child P P P P
10
Educational facilities,business school or S P P P PP P
nonindustrial trade school
Educational facilities, college/university P P P P
Educational facilities, P P P PP P
elementary/middle/secondary
Educational facilities, industrial trade P P P
school
Educational facilities, school f o r the arts S P P P PP P
Fire,police, or emergency services P PP P PP P
Government offices or other government P PP P PP P
facility, not otherwise listed
Hospital P
Library P PP P PP P
Museum P PP P PP P
Post office P P P PP P
Supply pantry P P
Training facility for police, fire, or P S
emergency services
Transportation Uses
Bus passenger terminal or station P S
Limousine service P P
Parking lot facility S P S
Parking, off-site P S P P S P P P 36.2-652
Parking structure facility P S 36.2-426
Railroad passenger terminal or station P
Utility Uses
Broadcasting studio or station PP P P P
Broadcasting tower S S S 36.2-432
Utility distribution or collection, basic P P P P P P P P
Utility distribution or collection, S SS S S S S S
transitional
Wireless telecommunications facility S SS S S S S S 36.2-432
Wireless telecommunications facility, P P P P P P P P 36.2-432
stealth
Agricultural Uses
Agricultural operations S SS S S S S S
11
Stable, commercial P 36.2-428
Wildlife rescue shelter or refuge area P
Accessory Uses
Accessory uses, not otherwise listed in P P P P P P P P 36.2-403
this Table
Accessory apartment S 36.2-402
Home occupation, excluding personal P P P P P 36.2-413
service
Home occupation, personal service P P P P P 36.2-413
Outdoor display area P P P P P 36.2-422
Outdoor recreation facility lighting or S S S S SS 36.2-403
sports stadium lighting
Outdoor storage S S P S 36.2-423
Recycling collection point S P P 36.2-403
Resident manager apartment P 36.2-403
Temporary health care structure
Wind turbine, commercial S S S S S 36.2-403
Wind turbine, small S S SS S S S S 36.2-403
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
Sec. 36.2-316. Dimensional regulations for multiple purpose districts.
MX CN CG CLS D IN ROS OF
Minimum lot area per 2,500 1,800 None None None Non None None
residential unit (square e
feet)
Lot area Minimum 5,000 5,000 10,00 43,560 None Non None None
(square 0 e
feet) Maximum None 87,12 130,6 None None 217, None 87,120
0 80 800
Lot Minimum 50 None 100 150 None 100 None None
frontage
(feet)-- None 200 None None None Non None 200
e
Front Minimum 10 0 0 0 0 20 10 0
•
yard Maximum 30 10 30 None 10 40 None 10
(feet)
12
Section 36.2-313 Front Yes No No No No No No No
yard requirements for
infill development
apply
Section 36.2-317 Civic No Yes No No Yes Yes No Yes
space yard option
applies
Side yard (feet) 5 0 0 0 0 0 10 0
Rear yard(feet) 15 0 0 0 0 0 10 0
Accessory structure 0 0 0 0 0 0 0 0
minimum setback from
rear and side lot lines
(feet)
45 45 50 60 lie 40 35 50
Height Property 45 45 45 1 foot 1 foot 40 35 60
maximu abutting a for each for each
m (feet) residential foot of foot of
district setback setback
from from
any any
abutting abutting
resident resident
ial lot ial lot
Property not 45 45 None None None 40 35 60
abutting a
residential
district
Floor area ratio 1.0 5.0 5.0 5.0 15.0 Non None None
maximum e
Impervious surface 70 100 85 80 100 80 15 100
area maximum
(percentage of lot area)
Minimum parking Yes No Yes Yes No Yes No No
requirement applies
Section 36.2-318 No Yes Yes Yes No Yes No Yes
Pedestrian access
requirement applies
Maximum building None 15,00 None None None Non None None
footprint (square feet) 0 e
Section 36.2 319 2-5 25 0 50 2-5 0 ?5
façade t.
13
(percentage of facade
Section 36.2- Ground 15 50* 50 None 50* 15 None 15
319 Building floor
placement and
façade
transparency
standards
(minimum Upper
transparency, floors
percent of
facade area)
15 20 20 None 20 15 None 15
Minimum tree canopy 10 0 10 10 0 10 20 0
(percentage of lot area)
*Except townhouses and multifamily dwellings, minimum facade transparency for these uses is
20 percent.
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No" means the requirement does not apply.
"None" means there is no requirement.
Sec. 36.2-317. Civic space yard option.
In districts where indicated as applicable in Section 36.2-316, a building may be
exempted from the maximum front yard requirement if a civic space accessible to the general
public is provided along the entire frontage(s) where the maximum frontage would otherwise be
applicable. Such civic space shall meet these requirements:
(a) The civic space shall be the entire area between the building line and the adjacent
public right-of-way.;
(b) At least fifty (50) percent of the civic space shall consist of a plaza or courtyard
within which is provided at least one (1) linear foot of seating for each fifty (50)
square feet of plaza or courtyard and at least two (2) of the following amenities:
14
- , . . . _ , - • - , . . : , ; : Eighty-five percent
(85%) of the total civic space shall be directly accessible to and visible from the
abutting street where the maximum front yard applies, but in no instance more
than 3 feet above or below the level of the adjoining right-of-way. Walls higher
than 3 feet are not permitted along that portion of frontage that is needed for
access to the civic space. Required entryways and steps into the civic space shall
be at least 15 feet wide. Steps must have a maximum riser height of 6 inches and
a minimum tread depth of 12 inches.
(c) .. . - - - • • . . _ -- . _.
. . . - -- _ .. . - . - - • •_ .. -, . - (1)- deciduous or
At least forty (40) percent of the civic space shall
consist of an open plaza or courtyard.
• (d) At least twenty (20) percent of the civic space shall consist of spaces adjacent to
the open plaza/courtyard with seating. One(1) linear foot of seating for each fifty
(50) square feet of plaza or courtyard must be provided. Movable chairs will
count for 30 inches of linear seating per chair.
(e) At least thirty(30) percent of the civic space shall consist of landscaped area.
Such area shall include one (1) large deciduous tree for each 500 square feet of
landscaped area or portion thereof up to 2000 square feet. One additional large
deciduous tree shall be required for each additional 1,000 square feet of civic
space. One (1) deciduous or evergreen shrub shall be provided for each ten (10)
square feet of landscaped area with vegetative groundcover or one (1) square foot
of planted bed for each ten (10) square foot of landscaped area with vegetative
groundcover on remaining space.
(f) Two of the following amenities shall be provided within the civic space:
ornamental fountains, waterfalls, sculpture, art, performance spaces,
monuments, or trellises.
* * *
Sec. 36.2 319. Facade treatment.
15
(b) Corner lot: Provide at least one (1) entrance and provide the minimum
which the
.. . .. facing ,blic
-- . --•- . - . . ' - - specified percentage
(c) Through lot: Provide at least one (1) principal entrance and the minimum
yard requirement is met. The minimum percentage specified of the primary
Sec. 36.2-319. Building placement and facade transparency standards for multiple purpose
districts.
(a) Building placement and facade transparency requirements for each lot
type.
Table 319-1. Building Placement and Facade Transparency Requirements
Lot Type
Interior(1 Corner(2 frontages) Corner (3 or more Through
frontage) frontages)
Building Meet the Meet the maximum Meet the maximum Meet the
placement maximum yard yard along the yard along the maximum yard
along the street primary street primary street along the
frontage frontage and along frontage and along primary street
the intersecting street one intersecting frontage
frontage street frontage
Ground Provide the Provide the specified Provide the Provide the
floor specified percentage in specified specified
transparency percentage in Section 36.2-316 on percentage in percentage in
for principal Section 36.2- the façade facing the Section 36.2-316 on Section 36.2-316
structures 316 on the primary street the façade facing on the facade
(minimum) façade facing frontage. the primary street facing the
the street frontage. primary street
frontage. On the façade facing frontage.
the intersecting On the façade
street, provide half facing the
the area required for intersecting street
the primary facade. on which the
maximum yard is
also applied.
provide half the
area required for
the primary facade.
16
Upper floor Provide the Provide the specified Provide the Provide the
transparency specified percentage in specified specified
for principal percentage in Section 36.2-316 on percentage on the percentage in
structures Section 36.2- the facades facing facade in Section Section 36.2-316
(minimum) 316 on the the primary street 36.2-316 facing on the façade
façade facing and the intersecting primary street and facing the
the street street, on the façade facing primary street
frontage. the intersecting frontage.
street on which the
maximum yard is
applied.
(b) For corner and through lots, the primary street frontage shall be determined by the
zoning administrator based on the classification of the street (local, collector, or
arterial) from the Roanoke's Street Hierarchy Map in the City of Roanoke Street
Design Guidelines. The street with the most intensive classification shall be
determined to be the primary street. Arterial streets are considered the most
intensive classification and local streets the least intensive. The zoning
administrator may determine an alternative primary street frontage based on:
(1) Actual traffic counts provided by the Virginia Department of Transportation, the
City of Roanoke, or the developer of a project through a documented traffic study.
(2) Orientation of other buildings along the adjacent street frontages.
(3) Specific direction from a City Council adopted neighborhood plan, area plan, or
corridor plan.
(c) For purposes of calculating the minimum facade transparency, the overall area of
a façade shall be calculated as identified below for ground and upper floors. The
minimum required transparency shall then be calculated by applying the
minimum façade transparency percentages from Section 36.2-316 to the
calculated overall façade.
(1) Ground floor - The linear width of the ground floor façade multiplied by an
assumed height of ten (10) feet.
(2) Upper floors — The linear width of the upper floor multiplied by an assumed
height of eight (8) feet.
(d) The façade facing a primary street frontage shall contain a primary entrance with
the threshold located at the grade of the adjacent sidewalk or at the adjacent grade
when not abutting a sidewalk, except as follows. The primary entrance in the MX
or IN District may be above the finished grade of the adjacent sidewalk or
adjacent grade of the site. The entrance shall be accessible during normal
business hours to employees and customers/patrons of the building occupant.
(e) Arrangement of transparency on a facade facing a primary street frontage.
17
(1) At least 60 percent of the specified ground floor transparency shall be located
within a horizontal zone of the façade located between 2 feet and 8 feet above the
finished floor elevation where the primary entrance is located. Such transparency
shall begin at a height no greater than three feet above the finished floor elevation
of the primary entrance.
(2) Transparency shall be arranged so that no more than 20 linear feet of ground
floor building facade is void of transparency.
(3) No more than 30 percent of the required transparent area between 2 feet and 8
feet in height above the finished floor elevation of the primary entrance may be
covered by opaque or semi-opaque materials, such as window or door signs or
tinting.
(4) No wall or other permanent visual obstruction shall be located within 24 inches
of the interior of the specified transparent area. Merchandise displays facing the
street or operable blinds, shades, or curtains shall not be considered permanent
visual obstructions.
DIVISION 3. INDUSTRIAL DISTRICTS.
* * *
Sec. 36.2-322. Use Table for Industrial Districts.
District I- I- AD Supplemental
1 2 Regulation
Section
Accommodations and Group Living Uses
Hotel or motel P
Commercial Uses: Office and Related Uses
Business service establishment, not otherwise listed P
Employment or temporary labor service P
Financial institution P P
Laboratory, dental, medical, or optical P P P
Laboratory, testing and research P P P
Office, general or professional P
Office, general or professional, large scale P P
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no outdoor pens or runs P
18
Animal hospital or veterinary clinic, with outdoor pens or runs S
Caterer, commercial P
Drive-through facility P 36.2-409
Kennel, no outdoor pens or runs P
Outdoor advertising sign P P 36.2-675
Pet crematorium P
Studio/multimedia production facility P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food production, retail P
Building supplies and materials, retail P P
Car wash, not abutting a residential district P 36.2-406
Car wash, abutting a residential district S 36.2-406
Commercial motor vehicle rental establishment P
Commercial motor vehicle sales and service establishment, new P 36.2-407
Commercial motor vehicle sales and service establishment, used P 36.2-407
Contractor or tradesman's shop, general or special trade P P
Dry cleaning and laundry pick-up station P
Dry cleaning plant or commercial laundry P
Gasoline station P 36.2-411
General service establishment, not otherwise listed P
Internet Sales Establishment P P P
Janitorial services establishment P
Lumberyard P P
Manufactured or mobile home sales P
Motor vehicle rental establishment, without inventory on-site P P
Motor vehicle rental establishment, with inventory on-site P P
Motor vehicle repair or service establishment P P 36.2-419
Nursery or greenhouse, commercial P
Recreational vehicle or boat sales P
Retail sales establishment, not otherwise listed P P
Storage building sales P
Industrial Uses
Asphalt or concrete plant S
Bakery, confectionary, or similar food production, wholesale P P
19
Biosolids field S
Building supplies and materials, wholesale P P P
Commercial printing establishment P P P
Composting facility S
Contractor's shop, heavy construction P P
Dairy products, processing, bottling, and wholesale distribution P P
Electrical component assembly, wholesale distribution P P P
Fuel oil distribution S P
Fueling station, commercial or wholesale P P
Junkyard S S 36.2-414
Manufacturing: Beverage or food processing, excluding poultry and P P
animal slaughtering and dressing
Manufacturing: Chemical, refining or processing, including the S
manufacture, refining or processing of ammonia, bleach,bluing,
calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta
percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris,
potash, rubber, shellac, tar, turpentine, vinegar, yeast
Manufacturing: Chemical, refining or processing, not otherwise listed P P
in this table
Manufacturing: General, not otherwise listed in this table P P P
Manufacturing: Steel or metal production, fabrication, or processing S P P
Manufacturing: Wood products P
Meat packing and poultry processing S
Milling or feed and flour mills S S
Motor vehicle or trailer painting and body repair S P 36.2-418
Quarry S
Recycling center S S 36.2-414
Tire recapping S
Towing service P P 36.2-430
Welding or machine shop P P
Workshop P P P
Wrecker yard S S 36.2-414
Warehousing and Distribution Uses
Distribution center, not otherwise listed P P P
Mini-warehouse P P P 36.2-415
Storage of commercial motor vehicles P P
20
Storage of motor vehicles for rental (no on-site rental or leasing P P
facility)
Tank farm, petroleum bulk station and terminal, or other aboveground S
storage of flammable liquids
Warehouse P P P
Assembly and Entertainment Uses
Amusement, commercial, outdoor P
Eating establishment P P
Eating and drinking establishment, not abutting a residential district P P
Go-cart track S
Health and fitness center P P P
Paint ball facility, outdoor S
Recreation, indoor P
Public, Institutional, and Community Uses
Artist studio P
Community garden P P P 36.2-407.1
Educational facilities, business school or nonindustrial trade school P P
Educational facilities, industrial trade school P P
Fire, police, or emergency services P P
Government offices or other government facility, not otherwise listed P P
Military reserve or National Guard center P P
Post office P P
Supply pantry P
Training facility for police, fire, or emergency services P P
Transportation Uses
Airport or airport-related commercial and personal service uses P
Bus maintenance, including repair and storage P P
Limousine service P P P
Motor freight terminal or truck terminal P P P
Parking lot facility P
Parking, off-site P P P 36.2-652
Railroad freight yard, repair shop, and marshalling yard P
Taxicab business P P P
Utility Uses
Broadcasting studio or station P
21
Broadcasting tower S S 36.2-432
Hazardous materials facility S
Utility distribution or collection, basic P P P
Utility distribution or collection, transitional P P S
Utility generation or treatment P
Utility maintenance and service facility P P
Wireless telecommunications facility S P S 36.2-432
Wireless telecommunications facility, stealth P P P 36.2-432
Agricultural Uses
Agricultural operations SP SP SP
Animal shelter P P
Accessory Uses
Accessory uses, not otherwise listed in this Table P P P 36.2-403
Outdoor storage P P P 36.2-423
Portable storage container P P 36.2-403
Recycling collection point P 36.2-403
Resident manager apartment P P 36.2-403
Temporary health care structure
Wind turbine, commercial P P 36.2-403
Wind turbine, small P P P 36.2-403
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
Sec. 36.2-323. Dimensional regulations for industrial districts.
Lot area(square feet) Minimum 10,000 20,000 20,000
Maximum None None None
Lot frontage(feet) Minimum 100 100 100
Maximum None None None
Front yard (feet) Minimum 0 0 0
Maximum 30None None None
Side yard minimum (feet) 0 0 0
Rear yard minimum(feet) 0 0 0
Accessory structure minimum setback from rear 0 0 0
and side lot lines(feet)
22
• . - . - _ 40 60 60
Height maximum (feet) Property abutting a 1 foot for each foot of setback from any
residential district abutting residential lot
Property not abutting None
a residential district
Floor area ratio maximum 2.0 2.0 2.0
Impervious surface ratio maximum (percentage of 90 90 70
lot area)
Minimum Parking requirement applies Yes Yes Yes
Minimum tree canopy(percentage of lot area) 10% 10% 0%
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No" means the requirement does not apply.
"None"means there is no requirement.
DIVISION 4. PLANNED UNIT DEVELOPMENT DISTRICTS.
* * *
Sec. 36.2-327. Use table for planned unit development districts.
MXPUD INPUD IPUD Supplemental
Regulation
Section
Residential Uses
Dwelling, single-family attached P
Dwelling, single-family detached P
Dwelling, two-family P
Dwelling, multifamily P P
Dwelling, townhouse or rowhouse P 36.2-431
Accommodations and Group Living
Bed and breakfast P P 36.2-405
Dormitory P
Group care facility, congregate home, elderly, P P 36.2-412
Group care facility, congregate home, not P 36.2-412
otherwise listed
Group care facility, group care home P 36.2-412
23
Mir
Group care facility, halfway house P 36.2-412
Group care facility, nursing home P P 36.2-412
Group care facility, transitional living facility P 36.2-412
Group home P P
Hotel or Motel P P
Commercial Uses: Office and Related Uses
Blood bank or plasma center P
Business service establishment, not otherwise P P P
listed
Financial institution P P P
Laboratory, dental, medical, or optical P P P
Laboratory, testing and research P P
Medical clinic P P
Office, general or professional P P P
Office, general or professional, large scale P P P
Outpatient mental health and substance abuse S
clinic
Commercial Uses:Miscellaneous
Animal hospital or veterinary clinic, no outdoor P
pens or runs
Caterer, commercial P
Community market P
Drive-through facility P P P 36.2-409
Drive-through kiosk P 36.2-409
Live-work unit P P 36.2-416
Mixed use building P P 36.2-416
Studio/multimedia production facility P P P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food P P P
production, retail
Building supplies and materials, retail P P P
Contractor or tradesman's shop, general or P P P
special trade
Dry cleaning and laundry pick-up station P P P
Dry cleaning plant or commercial laundry P
General service establishment, not otherwise P P P
24
listed
Laundromat P P
Lumber yard P
Motor vehicle rental establishment, without P
inventory on-site
Motor vehicle rental establishment, with P
inventory on-site
Nursery or greenhouse, commercial P
Personal service establishment, not otherwise P P
listed in this table
Pet grooming P P
Retail sales establishment, not otherwise listed P P P
Industrial Uses
Bakery, confectionary, or similar food P
production, wholesale
Building supplies and materials, wholesale P
Commercial printing establishment P
Contractor's shop, heavy construction P
Dairy products, processing, bottling, and P
wholesale distribution
Electrical component assembly, wholesale P
distribution
Fuel oil distribution P
Fueling station, commercial or wholesale P
Manufacturing: Beverage or food processing, P
excluding poultry and animal slaughtering and
dressing
Manufacturing: Chemical, refining or P
processing, not otherwise listed in this table
Manufacturing: General, not otherwise listed in P
this table
Manufacturing: Steel or metal production, P
fabrication, or processing
Milling or feed and flour mills P
Welding or machine shop P
Warehousing and Distribution
Distribution center, not otherwise listed P
25
Warehouse P
Assembly and Entertainment Uses
Amphitheater P P
Amusement, commercial, indoor P
Botanical garden or arboretum P P
Club, lodge, civic, or social organization P P
Community center P P
Eating establishment P P P
Eating and drinking establishment, not abutting P P P
a residential district
Eating and drinking establishment, abutting a P P P
residential district
Entertainment establishment, abutting a P P P
residential district
Entertainment establishment, not abutting a P P P
residential district
Golf course P
Health and fitness center P P
Meeting hall P P
Park or playground P P
Place of worship P P
Recreation, outdoor P P
Sports stadium, arena, or coliseum P
Public, Institutional, and Community Uses
Aquarium or planetarium P
Artist studio P P P
Community food operation P
Community garden P P P 36.2-407.1
Day care center, adult P P
Day care center, child P P 36.2-408
Day care home, child P P
Educational facilities, business school or P P P
nonindustrial trade school
Educational facilities, college/university P
Educational facilities, P
elementary/middle/secondary
26
Educational facilities, industrial trade school P
Educational facilities, school for the arts P P
Fire, police, or emergency services P
Government offices or other government P P
facility, not otherwise listed
Hospital P
Library P P
Military reserve or National Guard center P P
Museum P P
Post office P P
Supply pantry P
Training facility for police, fire, or emergency P P
services
Transportation Uses
Bus maintenance, including repair and storage P
Motor freight terminal or truck terminal P
Parking, off-site P P P 36.2-652
Taxicab business P
Utility Uses
Broadcasting studio or station P P
Broadcasting tower S S 36.2-432
Hazardous materials facility S S
Utility distribution or collection, basic P P P
Utility distribution or collection, transitional S P P
Utility maintenance and service facility P
Wireless telecommunications facility P P P 36.2-432
Wireless telecommunications facility, stealth P P P 36.2-432
Agricultural Uses
Agricultural operations P P P
Accessory Uses
Accessory uses, not otherwise listed in this P P P 36.2-403
Table
Accessory apartment S P 36.2-402
Home occupation, excluding personal service P P 36.2-413
Home occupation, personal service P P 36.2-413
27
pirmo
Outdoor recreation facility lighting or sports S S 36.2-403
stadium lighting
Outdoor storage P 36.2-423
Portable storage container P 36.2-403
Recycling collection point P 36.2-403
Resident manager apartment P P 36.2-403
Temporary health care structure
Wind turbine, commercial S S S 36.2-403
Wind turbine, small S S S 36.2-403
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
Sec. 36.2-328.-Dimensional regulations for planned unit development districts.
District MXPUD INPUD IPUD
Minimum size of district(acres) None ?None 5
Minimum lot area per dwelling unit(square feet) 1,800 1,800 None
Lot area minimum (square feet) Specified on the development plan for the
Lot frontage minimum (feet) district
Front yard minimum (feet)
Side yard minimum (feet)
Rear yard minimum (feet)
Height maximum (feet)
Usable open space(percentage of lot area)
Accessory structure minimum setback from rear and
side lot lines (feet)
Minimum parking requirement
Impervious surface ratio maximum (percentage of lot 80 80 80
area)
Minimum tree canopy(percentage of lot area) 15 10 10
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No" means the requirement does not apply.
"None" means there is no requirement.
28
1■•Miu
DIVISION 5. OVERLAY DISTRICTS
Sec.36.2-332. Neighborhood Design Overlay District(ND).
* * *
(c) Design standards. In considering an application for a zoning permit, the Zoning
Administrator shall apply the following standards for construction of, an addition
to, or the exterior modification of a dwelling in the Neighborhood Design District
ND):
(1) Building location and massing:
* * *
(D) Where lots on both sides have dwellings, the height of the foundation
facing the street shall be no more than twenty(20) percent greater than the
height of the tallest adjoining foundation and shall be no less than twenty
(20) percent below the height of the shortest adjoining foundation. Where
a dwelling exists only on one (1) side, the foundation height shall be
within twenty (20) percent of the height of that adjoining dwelling.
However, when the first floor of a dwelling meets the standards for
accessibility in accordance with International Code Council document
A117.1-2009 — Accessible and Usable Buildings and Facilities, the height
of the foundation shall be within forty (40) percent of adjoining
foundation heights rather than twenty (20) percent. Such measurements
shall be taken at comparable locations on the respective foundations (i.e.
left side, right side). There is no foundation height requirement where no
dwellings exist on either adjoining lot.
* * *
(3) Entrances and windows:
* * *
(G) A sidewalk at least four ('1) three (3) feet in width shall be provided
between the front porch of a new dwelling and the street. The sidewalk
shall be constructed of an impervious material customarily used for
sidewalks in the district.
* * *
(6) Garages and additions• :. : . • . . - :•(A) An attached or detached garage or carport shall be offset at least twenty-
four (24) inches behind the front façade of the dwelling. l'he bay door of
an attached garage shall not face the primary front yard. Bay doors facing
29
a street shall have panel insets or windows. An attached garage shall not
make up more than 33 percent of the front facade of the dwelling.
(B) An addition to an existing dwelling shall be located on the rear or side of
the dwelling, except a porch constructed in accordance with Section
36.2-332(c)(5) may be added to the front of the dwelling. An addition to
the side of a dwelling shall be set back from the dwelling's front face by
twenty-four (24) inches or more. When an existing dwelling does not
have a front porch, an addition may be constructed on the front of the
dwelling if it includes a front porch constructed in accordance with
Section 36.2-332(c)(5).
ARTICLE 4. SUPPLEMENTAL REGULATIONS.
* * *
Sec. 36.2-403. Accessory uses and structures.
* * *
(c) Setbacks. Except for fences, walls, arbors, trellises, or outdoor light support
structures, or as otherwise provided in this section, accessory structures. other
than including refuse dumpster enclosures, shall be located no closer to any street
than the principal building,except. Exceptions to this provision apply as follows
but are not applicable to refuse dumpster enclosures:
(1) In the case of any corner lot with more than two (2) street frontages or any
through lot, such requirement shall apply to only one(1) street.
(2) In the case of any corner lot with two (2) street frontages, such requirement shall
not apply to a second front yard.
* * *
(h) Recycling collection points. Recycling collection points, where permitted as
accessory uses by this chapter, shall be subject to the following regulations:
* * *•
Cam3 be screened from •
provision of a buffer yard as set forth in Section 36.2 647(c).
* * *
•
30
(k) Portable storage containers. Portable storage containers shall be permitted by right
as accessory uses as set forth in the Use Tables in Article 3 of this chapter, subject
to the following supplemental regulations:
* * *
(9) Portable storage containers that are visible from a street shall be screened from
view-by providing a Category "C" buffer as defined in Section 36.2 6'7(b); and
* * *
Sec. 36.2-404. Adult Uses
* * *
(b) Definitions. In this section, unless the context otherwise requires, the following
words and terms are defined as set out below:
* * *
Adult entertainment establishment: An eating establishment, eating and drinking establishment,
entertainment establishment, private club or similar establishment which features, on a regular
basis, live performances involving persons who display specified anatomical areas or engage in
specified sexual activities where such performances occur on more than one day in a 30-day
period.
* * *
Adult use: Any adult bookstore, adult entertainment establishment, adult motion picture theatre,
adult mini-motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in
theatre, or massage parlor, as defined in this subsection.
* * *
Section 36.2-406. Car wash.
* * *
(b) Standards
(-I-) When abutting a residentially zoned lot, a buffer yard shall be p edge
applicable abutting property lines as set forth in Section 36.2 617(c).
(2)(1) Stacking spaces and stacking lanes shall be subject to the requirements of Section
36.2-409, Drive-through facilities.
(2) Discharge of wash water to the ground or storm drain system is prohibited.
Sec. 36.2-407. Commercial motor vehicle sales and service, new or used.
31
* * *
(d)(c) A new or used commercial motor vehicle sales and service establishment shall
require a minimum lot area of twenty thousand (20,000) square feet designated
for such use.
Section 36.2-407 1. Community Gardens.
(a) Purpose: Establish standards for community gardens to ensure compatibility
between these small-scale agriculture uses and other adjacent uses.
(b) Applicability. The supplemental regulations set out in this apply to all new
community gardens and expansions of existing community gardens.
(c) Standards.
(1) Maximum lot area for community garden shall be 20,000 square feet in all
residential districts, except the RA District. The maximum lot area for a
community garden shall be 40,000 square feet in all other districts.
(2) All sheds, greenhouses, shelters, and similar structures associated with a
community garden shall be considered accessory to the garden and subject to the
yard requirements for accessory structures in the base zoning district.
(3) No accessory structure as identified in item (2) above shall be located closer to a
street than the minimum front yard of the zoning district or the minimum front
yard established by Section 36.2-313, when applicable. For corner lots, this
requirement shall apply to only one street frontage.
(4) The maximum footprint of all accessory structures as identified in item (2) above
shall be limited to ten (10) percent of the lot area of the community garden. The
maximum size of any single accessory structure shall be limited to fifty (50)
percent of the maximum footprint allowed. In no case shall the number of
accessory structures exceed five.
(5) In districts where signs are otherwise prohibited, a non-illuminated identification
sign for a community garden, not exceeding eight square feet in area and four feet
in height if freestanding, is permitted on each lot frontage in accordance with the
provisions of Article 6 of this Chapter.
(6) Any outdoor lighting shall be less than or equal to eight feet in height and shall be
fully shielded or located, aimed, and shielded so as not to present glare on
abutting lots or streets and to minimize spill light trespassing upward or across lot
lines in residential districts.
32
(7) When not otherwise permitted by the base zoning district, up to four public events
may be held during each 12-month period.
* * *
Sec. 36.2-410. Fences, walls, arbors, and trellises.
* * *
(b) Fence and wall standards.
(1) No fence or wall that exceeds a height of thirty (30) thirty six (36) inches from
graded ground level shall be permitted within a sight distance triangle.
* * *
(4) Provision of barbed wire and razor wire
(A) Barbed wire and razor wire are prohibited in all residential districts, except
that barbed wire is permitted to contain animals associated with an
agricultural operation in the RA district.
(B) Barbed wire and razor wire may be used on top of any wall or fence in any
multiple purpose district, industrial district or planned unit development
provided that:
(i) Such wall or fence is at least six feet in height;
(ii) That the barbed wire or razor wire is installed on arms or brackets
extending from the top of such wall or fence inwardly over the
private property or if projecting outwardly, that the arms, brackets
and wire do not project over a public right-of-way or other public
access;
(iii) That not more than three strands of barbed wire shall be so
installed; and
(iv) The first strand shall be at least six inches from the face of the wall
or fence.
* * *
Sec. 36.2-411. Gasoline stations.
* * *
• . .. . . --- . . . •-_ . - •. - •. . , . . . - . . shall
617(c).
33
(dc)(c) Standards in the CG, CLS, and I-1 Districts. In addition to the
. . - - . . : :: :, :Any gasoline station located in the
Commercial-General District (CG), Commercial-Large Site District (CLS), or Light
Industrial District (I-1), shall be subject to the following standards for any canopy over a
gas pump island:
(1) Such canopy shall have a maximum clear, unobstructed height to its underside not
to exceed fourteen (14) feet six (6) inches and a maximum overall height not to
exceed sixteen(16) feet six (6) inches;
(2) There shall be no illumination of any portion of the fascia of the canopy;
(3) Any lighting fixtures or sources of light that are a part of the underside of the
canopy shall be recessed into the underside of the canopy so as not to protrude
below the canopy ceiling. All such lighting associated with the canopy shall be
directed downward toward the pump islands and shall not be directed outward or
away from the site.
(4) The vertical dimension of the fascia of such canopy shall be no more than two (2)
feet; and
(5) Signs attached to or on such canopy shall not be illuminated and shall not extend
beyond the ends or extremities of the fascia of the canopy to which or on which
they are attached.
(ed) Standards in the CN and D Districts. In addition to the general
standard set forth in subsection (c) above, aAny gasoline station located in the
Commercial-Neighborhood District (CN) or Downtown District (D), shall be
subject to the following standards:
(1) Any canopy over a gas pump island shall be subject to the following standards:
(A) Such canopy shall have a maximum clear, unobstructed height to its
underside not to exceed fourteen (14) feet six (6) inches and a maximum
overall height not to exceed sixteen(16) feet six (6) inches;
(B) There shall be no illumination of any portion of the fascia of the canopy;
(C) Any lighting fixtures or sources of light that are a part of the underside of
the canopy shall be recessed into the underside of the canopy so as not to
protrude below the canopy ceiling. All such lighting associated with the
34
canopy shall be directed downward toward the pump islands and shall not
be directed outward or away from the site;
(D) The vertical dimension of the fascia of such canopy shall be no more than
two (2) feet;
(E) No sign shall be attached to or on such canopy; and
(F) Such canopy shall be set back a minimum of ten(10) feet from the street.
* * *
Sec. 36.2-412. Group care facilities.
* * *
(c) Standards.
* * *
(4) If there is no buffer yard otherwise required by Section 36.2 647(c),on site
Section 36.2 647(b).
* * *
Sec. 36.2-414. Junkyards, wrecker yards, and recycling centers.
* * *
(b) Standards.
* * *
(7) A junkyard, wrecker yard, or recycling center shall require a Category "E,"
-
the lot.
(87) In addition to the requirements of subsections (1) through (76) above, a wrecker
yard shall be subject to the following additional standards:
(A) The lot area shall contain a minimum of twenty thousand (20,000) square
feet;
(B) There shall be no storage of a damaged or inoperative motor vehicle or
trailer outside a wholly enclosed building for more than one hundred
twenty (120) calendar days, unless documentation satisfactory to the
35
Zoning Administrator is provided that such a damaged or inoperative
motor vehicle or trailer is the subject of an on-going law enforcement or
insurance investigation or is the subject of a proceeding being pursued as
expeditiously as possible by the wrecker service pursuant to Section 43-34
of the Code of Virginia(1950), as amended; and
(C) Any parts removed from a damaged or inoperative motor vehicle or trailer
shall be stored within a wholly enclosed building.
* * *
Sec. 36.2-415. Mini-warehouses.
* * *
(b) Standards. Where permitted by this chapter, mini-warehouses shall comply with
the following standards:
* * *
(2) When abutting a residentially zoned lot, a minimum Category "E" buffer yard, as
_
(;2) The floor area of any storage unit or cubicle shall not exceed four hundred (400)
square feet.
(43) The maximum length of any single building housing such individual storage units
or cubicles shall be two hundred(200) feet.
(M) All storage shall be within a completely enclosed building. The outdoor storage of
inventory, materials, vehicles, or merchandise shall be prohibited.
(65) The distance between mini-warehouse structures shall be a minimum of twenty
(20) feet. Where vehicular circulation lanes and parking and loading spaces are to
be provided between structures, the minimum separation distance shall be
increased accordingly in order to ensure vehicular and pedestrian safety and
adequate emergency access.
(76) No activities such as the sale, repair, fabrication, or servicing of goods, motor
vehicles, appliances, equipment, or materials shall be conducted from mini-
warehouse units.
36
(87) The storage of explosive, flammable, or hazardous materials shall be prohibited.
Sec. 36.2-418. Motor vehicle or trailer painting and body repair.
* * *
(c) Additional standards in the I-1 and I-2 Districts. In addition to the general
standard set forth in subsection (a), above, a motor vehicle or trailer painting and
body repair establishment in the Light Industrial District (I-1) or the Heavy
Industrial District(I-2) shall be subject to the following requirements:
* * *
(3) The outdoor storage area shall be screened from view from adjacent properties
and streets by providing a Category "E," Option 1, buffer yard, as defined in
Section 36.2 647(b), along the perimeter of the storage area.
Sec. 36.2-419. Motor vehicle repair or service establishment.
(a) General standards. Any motor vehicle repair or service establishment permitted
by this chapter, regardless of zoning district, shall be subject to the following
general standards:
(1) When abutting a residentially zoned lot, a buffer yard shall be provided along the
(21) All repair or maintenance activities shall occur in a wholly enclosed building;
(32) The exterior display or storage of new or used motor vehicle parts is prohibited;
and
(43) Such establishment shall be limited to the incidental sale of up to five (5) repaired
or rebuilt motor vehicles or trailers within one (1) calendar year at that location;
however, the sale of repaired or rebuilt motor vehicles or trailers for the purpose
of satisfying a lien for services rendered or parts supplied shall not be included in
the total of such permitted incidental sales.
* * *
Sec. 36.2-420. Motor vehicle sales and service establishment, new.
* * *
(c) When abutting a residentially zoned lot, a buffer yard shall be provided
• - . ' • . - . . . - . - . - . • • Section 36.2 647(c).
37
(dc) A new motor vehicle sales and service establishment shall require a minimum lot
area of forty thousand (40,000) square feet designated for such use, except as
provided in subsection (e),below.
(ed) A new motorcycle sales and service establishment shall require a minimum lot
area of ten thousand (10,000) square feet designated for such use.
Sec. 36.2-421. Motor vehicle sales and service establishment, used.
Application for a zoning permit for a used motor vehicle sales and service establishment
shall require that the applicant submit a basic or comprehensive development plan in compliance
with the following supplemental regulations:
* * *
(c) When abutting a residentially zoned lot, a buffer yard shall be provided along the
applicable abutting property lines as set forth in Section 36.2 617(c).
(dc) A used motor vehicle sales and service establishment shall require a minimum lot
area of fifteen thousand (15,000) square feet designated for such use.
* * *
Sec. 36.2-423. Outdoor storage.
Where permitted by this chapter, outdoor storage shall comply with the following
requirements:
* * *
021-)-- Outdoor storage areas that are visible from a street shall be screened from
view by providing a Category "C" buffer as defined in Section 36.2 647(b).
(e) Outdoor storage areas abutting zoning district boundaries as identified
36.2 617(b).
RA, R 12, R7, R5, R3, RM 1, RM 2, RMF, D
MXPUD
CN, CG, CLS, D, MX, IN, ROS, INPUD,
IPUD, OF
I1, 12 Niat-r-eguir-ed
38
I
* * *
Sec. 36.2-429. Temporary uses.
* * *
Table 429-1. Temporary Uses
Activity Zoning Maximum Maximum Zoning
Districts Duration Number per Permit
Where Calendar Year Required?
Permitted for Lot
Auction Any district 3 calendar days 1 No
Christmas tree sales RA, CN, CG, 60 calendar days 1 Yes
CLS, I-1, 1-2,
UF
Construction-related Any district For duration of construction Not applicable Yes
activities or model activity
home office, subject
to subsection (b),
below
Fireworks stand, CG, CLS, UF 30 calendar days 1 Yes
subject to Section 21-
207 of this Code
Outdoor retail sales, CG, CLS, UF 10 calendar days 4 Yes
subject to subsection
(c), below
Portable storage Any district RA, R-12, R-7, R-5, R-3, See maximum Yes
containers, subject to RM-1, RM-2, RMF, MX, duration
subsection(d), below MXPUD: 21 consecutive
CN, CG, CLS, I 1, 1 2, D,
IN, ROS, AD, INPUD,
IPUD, UF: 4 consecutive
months, m liited to e(I
let
• 30 consecutive calendar
days, except 60
consecutive calendar
days when there is a
change of residency in a
39
dwelling unit
• Limited to 120 days per
calendar year.
CN, CG, CLS, I-1, I-2, D,
IN, ROS, AD, INPUD,
IPUD, UF:
• 120 consecutive days.
• Limited to 120 days per
calendar year per lot.
Produce stand (not RA, CN, CG, 90 calendar days, limited to Not applicable Yes
applicable to CLS, I-1, 1-2, one(1) permit per any 90-
community markets) UF calendar day period per lot
Public events, subject CN, CG, CLS, 14 calendar days Not applicable Yes
to subsection (e), D, IN, ROS, I-
below 1, I-2, IPUD,
INPUD, UF
Yard or Garage Sales, Any residential 2 consecutive calendar days, 2, with an No
subject to subsection district or limited to the daylight hours interval of at
(f), below dwelling unit least 3 months
between sales
* * *
Sec. 36.2-430. Towing services.
Towing services permitted by this chapter shall be subject to the following standards:
* * *
(c)
shall be screened from view from adjacent properties and streets by
providing a Category "E," Option 1, buffer yard, as defined in Section 36.2
647(b), along the perimeter of the storage area.
Sec. 36.2-431. Townhouses and rowhouses.
* * *
(b) Applicability. The regulations of eefitained4R this section shall Ile-applieableapply
in anythe residential and multiple purpose-zoning districts. in which
40
(c) Standards. - . - • - - • • .. .. - - . . •• • section,,
tTownhouses and rowhouses shall be subject to the following supplemental
regulations:
* * *
(3) -: _ : - : - - - . . . • . - requirements
zoning district in which it is located. Density, lot size, and frontage: The
dimensional regulations of the zoning district as identified in Section 36.2-
312 shall apply to the entire development site. Dimensional regulations shall not
apply to each individual lot or unit lot.
rowhouse-units-ar-e-loeated,
.. • .I. • ' ' t . •
abuts a lot which is zoned R 12, R 7, or R 5, such abutting yard shall have a
minimum depth of ten (10) feet.
rowhouse units shall be located no closer than twenty (20) feet to another
(74) Off street pParking: No off street parking spaces or driveways shall be permitted
between a public or private street and any principal building, except when parking
is provided for each individual townhouse unit and provided further that the
townhouse dwelling units are at least twenty-five (25) feet in width, the driveways
are no greater than ten (10) feet in width, and the garage doors are no greater than
ten (10) feet in width. Off street pParking spaces may be grouped in bays if not
located between a public or private street and any principal building.
. . . • -- . . . . .- • : : . . . . . - . -
zoning-le
41
1
* * *
Sec. 36.2-432. Wireless telecommunications facilities and broadcasting towers.
* * *
(d) Application requirements.
* * *
(2) All applicants for a special exception for wireless telecommunications or
broadcasting towers shall provide the following at the time of application:
* * *
(N) A landscape plan, pursuant to Section 36.2 432(e)(11). showing the
locations, species, and size at planting for the landscaping proposed for the
wireless telecommunications or broadcasting tower site.
(3) All applicants for stealth wireless telecommunications facilities, where permitted
as of right by this chapter, shall provide the following at the time of application:
* * *
(I) A landscape plan,purs -te _ _ •. _ , showing the locations,
species, and size at planting for the landscaping proposed for any ground-mounted
equipment.
* * *
(e) General standards. The following standards shall apply to any wireless
telecommunications or broadcasting tower permitted by this chapter as of right or
by special exception:
* * *
(9) All antennae shall be flush-mounted, unless otherwise approved by special
exception, and all wireless telecommunications and broadcasting towers and
associated hardware, antennas, and facilities shall be a flat matted finish so as to
reduce visibility and light reflection unless otherwise required by the FCC or
FAA.
* * *
42
dew
(11) A buffer yard shall be provided surrounding wireless telecommunications
required buffer yard category shall be as set forth in Section 36.2 647(c). For
purposes of this section, in those circumstances where Section 36.2 647(c) does
not require a buffer yard, a Category "A" buffer yard shall be provided. Existing
mature tree growth on the site shall be preserved to the maximum extent possible.
In locations where the visual impact of the wireless telecommunications tower
would be minimal, the landscaping buffer requirement may be reduced by the
Board of Zoning Appeals as part of a special exception approval process.
* * *
Section 36.2-433. Workshops.
(a) Purpose. The purpose of this section is to establish standards for workshops that
enable small scale production operations to be established in many districts while
protecting adjacent uses from potential negative impacts associated with industrial
activity.
(b) Applicability. The regulations contained in this section shall be applicable to a
workshop in any zoning district in which workshops are a use permitted as of
right or by special exception.
(c) Standards. In accordance with the general purpose set out in this section,
workshops shall be subject to the following supplemental regulations:
(1) The maximum gross floor area occupied by a workshop shall be limited to 2,000
square feet in all zoning districts.
(2) All processing, manufacturing, and assembly shall occur within a fully enclosed
building.
ARTICLE 5. PROCEDURES.
* * *
DIVISION 5. DEVELOPMENT PLANS.
* * *
Sec. 36.2-551. Development plans, generally.
* * *
43
oft
(b) Combination of lots. When a basic or comprehensive development plan involves
multiple lots of record, internal lot lines shall be vacated, relocated, or otherwise
altered as a part of an otherwise valid and properly recorded plat of subdivision or
resubdivision to create a single lot of record. This requirement may be waived by
the zoning administrator whenever a new building is not being erected across a lot
line, and the new construction consists entirely of a fence, a ramp for handicap
accessibility, an addition to an existing single family dwelling, or an accessory
•
structure whenever the existing dwelling or accessory structure is already located
on a lot line.
* * *
•
Sec. 36.2-552. Basic development plans.
(a) Applicability. In those circumstances where one of the following activities is
proposed, and where the provisions of Chapter 11.4, Stormwater Management, of
this Code are not applicable, a basic development plan shall be submitted with all
zoning permit applications:
* * *
(5) Additions of less than two thousand (2,000) square feet of impervious surfaces
other than rooftops or parking areas..-; or
(6) Establishment, relocation or expansion of a community garden, including
construction, reconstruction or moving of an accessory structure and associated
grading and clearing.
(b) Filing of plan. The applicant shall file a basic development plan with the Zoning
Administrator,pursuant to the submittal requirements of Section B-1, Appendix
B. The zoning administrator may authorize the omission of certain elements of a
basic development plan when such information is not necessary to determine
compliance with applicable development regulations.
* * *
Sec. 36.2-553. Comprehensive development plans.
* * *
(b) Filing of plan. The applicant shall file a comprehensive development plan with
the Zoning Administrator. Such comprehensive development plan shall be
prepared in a clear and legible manner, shall be drawn to scale, and shall comply
44
with the submittal requirements of Section B-2, Appendix B. The zoning
administrator may authorize the omission of certain elements of a comprehensive
development plan when such information is not necessary to determine
compliance with applicable development regulations. The comprehensive
development plan shall be referred to the Agent to the Planning Commission for
review and approval in accordance with subsections (c) and (d),below.
* * *
DIVISION 6. SPECIAL EXCEPTIONS, VARIANCES, AND APPEALS
Sec. 36.2-560. Special exceptions.
* * *
(b) Procedures.
(1) Applications for special exceptions may be made by any property owner, tenant,
government official, department, board, or bureau. Such application shall be filed
with the Zoning Administrator in accordance with rules adopted by the Board of
Zoning Appeals. Upon receipt of a complete application for a special exception,
the Board of Zoning Appeals shall hold a public hearing after giving notice as
provided in Section 15.2-2204, Code of Virginia (1950), as amended. However,
when giving any required notice to the owners, their agents, or the occupants of
abutting property and property immediately across the street or road from the
property affected, the Board may give such notice by first-class mail rather than
by registered or certified mail . In addition to meeting the requirements of 15.2-
2204, the Zoning Administrator shall erect a sign indicating the nature of the
special exception requested, identification of the subject property, and the time,
date, and place of such public hearing at least ten (10) business days prior to the
public hearing before the Board of Zoning Appeals.
• - - -• - - • - . . . _. . -, _ ., . . : _ _.. The expense
of legal advertisement required by Section 15.2-2204 shall be borne by the
applicant.
ARTICLE 6. DEVELOPMENT
* * *
ARTICLE 6. DEVELOPMENT STANDARDS.
* * *
DIVISION 1. UTILITIES.
45
Sec. 36.2-610. Utilities.
In all zoning districts, all utility service laterals or service lines associated with a basic or
comprehensive development plan shall be located underground; however, utility service laterals
or service lines may be located above ground to the point of connection when routed directly to
the rear of the structure by way of an alley or utility easement where there are existing overhead
distribution lines. All transformers required to serve a development and located on the property
associated with a basic or comprehensive development plan may be located above ground but
shall be surface mounted on pads on the ground. _ . - . . - • . . . .--•-
subject to the screening requirements of Section 36.2 649(b).
DIVISION 2. OUTDOOR LIGHTING
* * *
Sec. 36.2-622. Exempt lighting.
The following outdoor lighting shall be exempt from the requirements of this division:
* * *
(k) Lighting required for servicing or repair of equipment, provided that such lighting
is normally off, only used during infrequent emergency conditions, and that
lighting is aimed, directed or shielded to provide illumination only of the area
requiring the lighting. Such lighting shall be mounted on the equipment or
structure that requires the lighting.
(1) Flood lights mounted on single family dwellings, two-family dwellings,
townhouses, row houses and multifamily dwellings with four or fewer units
provided that the lighting is mounted to the structure below the eaves or parapet,
is designed to provide light in a concentrated distribution rather than a broad
distribution of light in all directions, and is aimed, directed or shielded so as not to
present glare on abutting lots or streets and to minimize spill light
trespassing upward or across lot lines.
* * *
DIVISION 4. LANDSCAPING AND SCREENING
* * *
Sec. 36.2-642. General landscaping and screening standards.
* * *
46
Table 642-1. Trees: Approved Plant List, Minimum Size at Planting,
20-Year Canopy, and Suitability
Common Name Botanical Name Minimum Minimum Canopy Suitability*
Height at Caliper at at
Planting Planting 20 Years
(sq. ft.)
Evergreen Trees
Cedar, Deodar Cedrus deodara 5' 177 C, B
Cedar, Eastern Red Juniperus virginiana 5' 38 B. C
Cypress, Leyland X Cupressocyparis 5' 113 B
leylandii
Holly, American Ilex opaca 5' 38 C, B
Magnolia, Southern Magnolia grandiflora 5' 177 C, B
Pine, Eastern White Pinus strobus 5' 177 C, B
Spruce, Colorado Picea pungens 5' 113 C, B
Blue
Spruce, Norway Picea abies 5' 177 C, B
Spruce, White Picea glauca 5' 113 C, B
Large Deciduous Trees
Beech, American Fagus grandifolia 2" 177 C
Beech, Copper Fagus sylvatica cuprea 2" 177 C
Birch, River Betula nigra 2" 254 P, C
Black Gum/Tupelo Nyssa sylvatica 2" 177 C
Elm, Lacebark Ulmus parvifolia 2" 254 P, C
Ginkgo (Male Variety Ginkgo biloba(Male 2" 133 P, C
Only) Variety Only)
Honey Locust, Gleditsia triacanthos 2" 314 C
"Shademaster" "Shademaster"
Japanese Pagoda tree Sophora japonica 2" 254 C
Japanese Zelkova Zelkova serrata 2" 177 P, C
Linden, American Tilia Americana 2" 314 C
Linden, Little Leaf Tilia cordata 2" 177 P, C
London Planetree Platanus acerfolia 2" 380 P, C
Maple, Red Acer rubrum 2" 314 P, C
47
a
Maple, Sugar Acer saccharum 2" 314 P, C
Oak, Chestnut Quercus prinus 2" 254 C
Oak, Northern Red Quercus rubra 2" 254 P, C
Oak, Pin Quercus palustris 2" 254 P, C
Oak, White Quercus alba 2" 254 C
Oak, Willow Quercus phellos 2" 254 P, C
Redwood, Dawn Metasequoia 2" 177 C
glyptostroboides
Tuliptree Liriodendron tulipifera 2" 254 C
Small Deciduous Trees
Cherry, Comelian Cornus mas 5' 113 C, B
Cherry, Kwanzan Prunus serrulata 2" 177 P, C
Flowering 'Kwanzan'
Cherry, Yoshino Prunus yeodensis 2" 177 P, C
Dogwood, Flowering Cornus florida 5' 177 P, C
Dogwood, Kousa Comus kousa 5' 177 P, C
Goldenraintree Koelreuteria paniculata 2" 177 P, C
Hawthorn, Crataegus phaenopyrum 5' 113 C, B
Washington
Hophombeam, Ostrya virginiana 2" 201 C
American
Hombeam, American Carpinus caroliniana 2" 177 C
Maple, Amur Acer ginnala 2" 113 C, B
Maple, Hedge Acer campestre 2" 177 P, C, B
Maple, Japanese Acer palmatum 5' 177 C
Maple, Trident Acer buergerianum 2" 177 C
Myrtle, Crape Lagerstroemia indica 5' 113 P, C
Redbud, Eastern Cercis Canadensis 5' 177 P, C
Serviceberry Amelanchier arborea 5' 201 C
Sourwood Oxydendrum arboreum 5' 113 C
White Fringetree Chionanthus virginicus 5' 113 C
Source for Tree Canopy Coverage at 20 Years: Virginia Nursery& Landscape Association, Inc.
* Suitability Key for Table 642-1:
P = Parking Areas or Street Yard Trees
C = Tree Canopy for Overall Site
B = Buffer Yards
48
* * *
Sec.-36.2 6477 Buffer . rds.
(a) Buffer yard requirements, generally. Where buffer yards are required by this
section, the following standards shall apply:
(1) Buffer yard areas may be included within setback and other yard requirements
- - --- - - .
. -_ . . - .. .• .- . _ .. . ., . . . • . . •
cross a buffer yard if it is necessary for safe and convenient access to the
development site.
(3) Buffer yards shall contain the screening or planting materials as required in
planted in grass or other ground cover.
(b) Buffer yard requirements, by category. There shall be five (5) categories of buffer
yards, as established in Table 647 1, with each category providing two(2) options
for requirements for buffer yard width and plant materials or screening. Tho
meet the criteria of Table 647 1, or a combination thereof, in order to meet the
• .. • •
Buffer Option—1- Option 2
Ward
Category
6 foot high screening 10 foot wide buffer yard
.. - . . Evergreen trees and one row of evergreen shrubs
Evergreen trees
6 foot high screening 15 foot wide buffer yard
•. .. - . - Evergreen trees and one row of evergreen shrubs
Evergreen trees
0 foot high screening .. •
.. - .
49
Evergreen trees
1✓ 8 foot high screening ! .. .- - . .
20 foot wide buffer yard Evergreen trees,
Evergreen trees and largo
Rules of Interpretation for Table 647 1:
(1) The buffer yard categories established in this table shall be required as set forth in
Section 36.2 647(c),Table 647 2.
(2) Screening shall meet the standards of Section 36.2 642(c).
(3) Screening heights are minimum height requirements.
(1) Where a combination of screening and planting materials is required, required
(a) Evergreen trees: One(1) tree per eight(8) linear feet, or portion thereof, in
(b) Small deciduous trees: One(1) tree per twenty(20) linear feet, or portion thereof.
(d) Evergreen shrubs: Three(3) feet on center or less.
(c) Where buffer yards are required. Buffer yards shall be applied along side and rear
lot lines as set forth in Table 617 2. For purposes of this subsection, abutting lots
shall not include lots separated by a street, stream, or railroad track. Lots that
• •
50
-1 RA, R RM 2, CN, D, CG CLS, 11, 12 AD
12, R 7, PJAF MX, IN, 1121.1-D
R 5, R INPUD,
3, RM MXPUD,
1, ROS 13F
RA, R12, R7, R5, R3, — — —
RM 1, ROS (1)
RM 2, RMF (2)
CN, D, MX, IN, OF (3) C 13 — — — —
CG (4) D C A — — —
CLS (5) -
11 (6) D D C 13 13 —
12 (7) € € E C E —
AD (8) — — — — —MXPUD, INPUD, IPUD . . . --•-•- . : . . . . . . ' _ e
(9)
Rules of Interpretation for Table 647 2:
(1) "A", "B", "C", "D", and "E": Buffer yard categories as established in Table
617 1.
(2) A dash (" ") means no buffer yard shall be required.
Sec. 36.2-647. Buffering and screening.
(a) Buffering or screening shall be provided for certain activities and uses as
specified in Table 647-1 except for parking areas which is contained in Section
36.2-648. The required buffering and screening materials shall be provided in
accordance with Section 36.2-649.
(b) Except where specified otherwise, buffering and screening shall be installed in
side and rear yards behind the building line of the lot being developed such that it
reduces the visual impact of the structures, activities, or uses on abutting
properties and public rights-of-way, as applicable, considering sight lines from
those abutting properties and public rights-of-way, as applicable.
(c) For purposes of this section, abutting lots shall not include lots separated by a
right of way containing a street, river or creek, or railroad line. Lots that would
abut if not for their separation by an alley shall be considered abutting lots for
purposes of this section and shall be subject to these buffering and screening
requirements.
51
Table 647-1. Buffering and Screening Of Certain Uses and Activities
Activity or use Location Buffering or Minimum
Screening Height
Materials
Wall of a principal Between the wall and an abutting Buffer: Deciduous None
building that contains less residential district or multiple trees and evergreen
than 15% transparency. purpose district shrubs
Base of a retaining wall S Between the wall and an abutting Buffer: Evergreen 18 inches
or more feet in height residential or multiple purpose shrubs
within 10 feet of property district.
line.
Any commercial or Between the location of the activity Screen: Solid fence 6 feet
industrial process or and any abutting residential district or wall
activity occurring outside or multiple purpose district
of a wholly enclosed
building.
Loading area, bay door, Between the loading area or loading Screen: Solid fence, 6 feet
loading dock, or truck dock and any abutting residential wall, or evergreen
terminal district or multiple purpose district tree screen
Refuse container storage Perimeter of the refuse container Screen: Solid fence 12" above
area storage area. or wall the height
of tallest
Exception: Not required where the container
aggregate capacity of refuse
containers is less than 0.5 cubic yard.
Mechanical equipment on Perimeter of the mechanical Screen: Fence or 6" above
ground equipment that would otherwise be wall with 60% or the height
visible from any street frontage or greater opacity. of the
adjacent property. tallest unit
Exception: Not required where the
use is a single-family detached
dwelling.
Mechanical equipment on Perimeter of the mechanical Screen: Fence or Screen 'A
roof equipment that would otherwise be wall with 60% or vertical
visible from any street frontage. greater opacity. ' height of
equipment
Exception: Not required in any from
industrial district. adjacent
street
52
Car wash Between wash bay openings and any Screen: Solid fence, 6 feet
abutting residential or multiple solid wall, or
purpose district evergreen tree
screen
Commercial motor Between any display or service areas Screen: Solid fence, 6 feet
vehicle sales or service, and any abutting residential district solid wall, or
new or used, or evergreen tree
commercial motor vehicle screen
storage area.
Drive-through facilities Between any speaker and any Screen: Solid wall 6 feet
abutting residential district, where
the speaker is directed toward the
abutting residential district.
Gasoline stations Between the pumps and canopy and Screen: Solid fence, 6 feet
any abutting residential district solid wall, or
evergreen tree
screen
Junkyards, wrecker yards, Perimeter of any area where the Screen: Solid fence 6 feet
and recycling centers storage, collection, processing or or solid wall, and
other associated activity occurs, and evergreen tree
which is not wholly enclosed within screen
a building.
Mini-warehouse Between the facility and any abutting Screen: Solid fence, 6 feet
residential or multiple purpose solid wall, or
district. evergreen tree
screen
Motor vehicle or trailer Perimeter of any area used to store Screen: Solid fence, 6 feet
painting and body repair any visibly damaged or inoperative solid wall, or
vehicles. evergreen tree
screen
Motor vehicle repair or Perimeter of any area used to store Screen: Solid fence, 6 feet
service establishment any visibly damaged or inoperative solid wall, or
vehicles. evergreen tree
screen
Motor vehicle sales and Between the display area and any Screen: Solid fence, 6 feet
service establishment, abutting residential district. solid wall, or
new or used evergreen tree
screen
Outdoor storage Between the storage area and any Screen: Solid fence, 6 feet
abutting residential or multiple solid wall, or
purpose district, and between the evergreen tree
storage area and any residential or screen
multiple purpose district across a
street.
Portable storage container Between container storage area and Screen: Solid fence 6 feet
as accessory use any abutting residential or multiple or solid wall
purpose district
53
Recycling collection point Between any receptacle and any Screen: Solid fence 6 feet
abutting residential or multiple or solid wall
purpose district
Towing services Perimeter of any storage area for Screen: Solid fence 6 feet
damaged or inoperative motor or solid wall
vehicles or trailers.
Wireless Perimeter of the base of the facility Screen: Solid fence, 6 feet
telecommunication and mechanical equipment. solid wall, or
facility and associated evergreen tree
mechanical equipment. screen
(b) Parking area landscaping standards. Parking areas shall be subject to the
•
(1) Wheel stops, curbing, or other barriers shall be provided to prevent damage to
(3) In order to allow for proper growth and tree canopy maturation, deciduous trees
required by this section shall be planted no closer than twenty (20) feet on center
for small deciduous trees and thirty(30) feet on center for large deciduous trees.
('1) Trees required by this section shall be selected from those species listed in Table
(5) Landscaping strips along the perimeters of all parking areas that front on a street
Trees shall be planted within eight (8) feet of a parking space or access aisle
directly accessing a parking space in order to count toward meeting the
requirements of subsection (A), below.
54
(A) Small deciduous trees, as permitted in Table 612 1, spaced at a minimum
• - - - - _ • • ! -- . -- -
Table 612 1, spaced at a minimum rate of one (1) such tree for each forty
. . -_ - .
(B) Evergreen or deciduous shrubs spaced no farther apart than at a rate of
three(3) feet on center.
(6) With the development of seven (7) to twenty (20) parking spaces, trees shall be
represents a twenty (20) year tree canopy of ten (10) percent of the total square
(A) Trees planted to satisfy the requirement along the perimeter of a parking
area that fronts on a street, as set forth in Section 36.2 648(b)(5), shall be
- -- • --- -
(B) When the requirements of Section 36.2 6'8(b)(5) do not meet the ten (10)
percent tree canopy requirement, the balance of such tree canopy
requirement shall be met by the planting of trees within the interior of the
such perimeter tree is located within eight (8) feet of any parking space.
1 1 • • - - - - - -- - . 11 -, -
(73 - - . -
provided at a rate that represents a twenty (20) year tree canopy of twenty (20)
percent of the total square footage of the parking area, excluding driveways or
• - -- - .. .
be the same species.
(A) Trees planted to satisfy the requirement along the perimeter of a parking
area that fronts on a street, as set forth in Section 36.2 648(b)(5), shall be
. . -. • --- --
(B) When the requirements of Section 36.2 648(b)(5) do not meet the twenty
(20) percent tree canopy requirement, the balance of such tree canopy
55
and provided further, that in any case, at lest fifty (50) perccnt of the•" • '•' _ 11 •
Sec. 36.2-648. Parking area landscaping.
(a) Parking areas shall be subject to the following buffering and screening
standards:
(1) Wheel stops, curbing, or other barriers shall protect landscaping from
damage by motor vehicles.
(2) Interior planting areas shall be at least eight (8) feet by eighteen (18) feet, with a
minimum soil depth of two (2) feet, and shall include surface landscaping, mulch,
grass or other vegetative ground cover.
(3) Trees required by this section shall be selected from Table 642-1.
(b) Parking areas shall be landscaped according to the standards set forth in the Table
648-1.
(c) The landscaping and screening materials shall be provided in accordance with
Section 36.2-649.
Table 648-1. Parking Area Landscaping Standards
Size of Street frontage Perimeter buffering Minimum tree canopy required
parking buffering materials materials
area
6 or None required None required None required
fewer
parking
spaces
7-20 The minimum parking area tree canopy
parking Street screen or an Deciduous trees and shrubs is 10%.
spaces eight(8) feet deep between the parking area
yard with deciduous and an abutting residential If the canopy of trees planted to meet
trees and evergreen district. requirements for street frontage
shrubs. buffering materials and perimeter
Exception: Buffering is not buffering materials does not meet 10%
required where the parking of the parking area canopy,add at least
_ area abuts a parking area half of the balance of required tree
56
with 7 or more spaces on an canopy to the interior of the parking
adjacent lot. area. Any remaining balance may be
added to the perimeter of the parking
area.
Only trees planted within 8 feet of the
parking area pavement are credited
toward parking area canopy.
21 or Street screen or an Deciduous trees and shrubs The minimum parking area tree canopy
more eight (8) feet depth between the parking area is 20%.
parking yard with deciduous and an abutting residential
spaces trees and evergreen district. If the canopy of trees planted to meet
shrubs. requirements for street frontage
Exception: Buffering is not buffering materials and perimeter
required where the parking buffering materials does not meet 20%
area abuts a lot that contains of the parking area canopy, add at least
a parking area with 7 or half of the balance of required tree
more spaces. canopy to the interior of the parking
area. Any remaining balance may be
added to the perimeter of the parking
area.
Only trees planted within 8 feet of the
parking area pavement are credited
toward parking area canopy.
containers shall be screened with an enclosure, pursuant to the screening
height of the dumpster or other similar receptacle. For the purposes of satisfying
the requirement of this section, slats inserted in a chain link fence shall not
material for an enclosure for a refuse dumpster and other refuse containers.
(b) Mechanical equipment on ground: Except for single family detached dwellings
:screened or landscaped from view from abutting streets and from adjoining
(1) Screened pursuant to the screening regulations of Section 36.2 642(c); or
57
(2) Landscaped with evergreen shrubs planted at a rate of three (3) feet on center or
less.
(c) Mechanical equipment on roof: In any zoning district, except 11, 12, or IPUD, all
view to the extent that no more than one half('h) the vertical height of such equipment
Sec. 36.2-649. Standards for buffering, screening, and parking area landscaping materials.
Materials used to meet requirements of Sections 36.2-647 and 36.2-648 shall meet the
standards of Table 649-1.
Table 649-1. Buffering, Screening and Landscaping Materials
Materials Standards
Deciduous Spacing for small deciduous trees Minimum 15 feet on center
trees Maximum 30 feet on center
Spacing for large deciduous trees Minimum 20 feet on center
Maximum 40 feet on center
No more than half of the deciduous trees planted to meet canopy requirements
shall be of the same species.
Provide planting strip with minimum width of 8 feet unless otherwise specified
in this Chapter.
Solid fence Use a fence or wall that is at least 95% opaque along the length of screen.
or solid wall
Evergreen Plant evergreen trees no less than 6 feet and no more than 8 feet on center along
tree screen the length of the buffer.
Provide planting strip with minimum width of 5 feet unless otherwise specified
in this Chapter.
Evergreen Minimum spacing 2 feet on center.
shrubs Maximum spacing 3 feet on center. _
Provide planting strip with minimum width of 3 feet unless otherwise specified
in this Chapter.
Street screen Use a street screen with these characteristics:
• Minimum height of 30 inches and maximum height of 42 inches
• Vertical support posts of metal or masonry spaced at no more than eight (8)
feet on center.
• Panels between supports shall be metal, masonry, or both
• Metal elements that are painted or coated and of rigid construction, with no
members less than 0.25 inch.
• Masonry elements that are finished; exposed concrete block is not an
58
I acceptable finish.
Planting strip is a strip of land dedicated to required plantings for buffering and screening
purposes.
DIVISION 5. OF ET PARKING AND LOADING.
* * *
Sec. 36.2-652. Minimumofo feet parking.
* * *
Table 652-2. Required Off Street Parking Spaces
Use Minimum Number of Parking Spaces Maximum
Required Parking
Calculated as 1 Space for Each Specified
Unit
Accessory Uses
Accessory uses None N
Residential Uses
Dwelling, single-family attached 1.5 dwelling N
Dwelling, single-family detached None N
Dwelling, two-family 1.5 dwelling unit N
Dwelling, multifamily, elderly (intended 0.75 dwelling unit N
and designed exclusively to house the
elderly)
Dwelling, multifamily, other than 1.5 dwelling unit N
elderly N
Dwelling
Townhouse or rowhouse 1.5 dwelling unit N
Dwelling, manufactured home Not applicable N
>Dwelling, mobile home N
Accommodations and Group Living
Bed and breakfast Guest bedroom, plus 2 spaces N
Boarding house 3 rooms or dwelling units N
Dormitory N
Group care facility, congregate home, N
elderly
Group care facility, congregate home, N
59
not otherwise listed in this table
Group care facility, group care home N
Group care facility, halfway house N
Group care facility, nursing home N
Group care facility, transitional living N
facility
Group home, subject to Virginia Code § N
15.2-2291
Hotel or motel Room; add spaces for meeting or restaurant Y
area as additional principal uses.
Commercial Uses: Office and Related Uses
Blood bank or plasma center 300 sf net floor area Y
Business service establishment, not y
otherwise listed in this table
Employment or temporary labor service
Financial institution y
Laboratory, dental, medical, or optical 1,000 sf net floor area N
Laboratory, testing and research N
Medical clinic 300 sf net floor area Y
Office, general or professional
Outpatient mental health and substance
abuse clinic Y
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic 500 sf net floor area Y
Caterer, commercial
Community market Not applicable Y
Drive-through facility Y
Drive-through kiosk Y
Flea market 500 sf of indoor or outdoor display area Y
Funeral home 4 seats in largest chapel or viewing room Y
Kennel 1,000 sf net floor area Y
Live-work unit 1.5 dwelling unit Y
Mixed use building Subject to the requirements of the uses in Y
the building
Outdoor advertising sign None N
Pet crematorium 1,000 sf net floor area Y
Studio/multimedia production facility 500 sf net floor area Y
60
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food 300 sf net floor area Y
production, retail Y
Body piercing establishment
Building supplies and materials, retail
Business service establishment, not Y
otherwise listed in this table
Car wash 1.5 service bay Y
Commercial motor vehicle rental 1,000 sf net floor area N
establishment
Commercial motor vehicle sales and 5,000 sf of lot area Y
service establishment, New or Used
Contractor or tradesman's shop, General 600 sf net floor area Y
or Special Trade
Dry cleaning and laundry pickup station 250 sf net floor area Y
Dry cleaning plant or commercial 500 sf net floor area Y
laundry
Gasoline station None Y
General service establishment, not 350 sf net floor area Y
otherwise listed in this table
Janitorial services establishment
Laundromat
Lumberyard 1,000 sf net floor area Y
Manufactured or mobile home sales 500 sf of sales and service building Y
Motor vehicle rental establishment 1,000 sf net floor area N
Motor vehicle repair or service 1.5 service bay Y
establishment
Motor vehicle sales and service 750 sf net floor area Y
establishment, New or Used
Nursery or greenhouse, commercial 1,000 sf of indoor floor sales area plus 1 N
space for every 1,000 sf of greenhouse or
net outdoor sales and customer display area
Personal service establishment, not 300 sf net floor area Y
otherwise listed in this table
Pet grooming 500 sf net floor area Y
Recreational vehicle or boat sales 1,000 sf net floor area Y
Retail sales establishment—Large 1,000 sf of retail showroom area N
appliances, furniture, household
fixtures, swimming pools, hot tubs, spas
Retail sales establishment,not otherwise 250 sf of retail area Y
61
listed in this table
Storage building sales 500 sf of sales building Y
Tattoo parlor 300 sf net floor area Y
Industrial
All industrial uses 1,000 sf up to 10,000 sf of building area, N
then 1 space for every 2,000 sf of remaining
building area
Warehousing and Storage
Distribution center, not otherwise listed 5,000 sf up to 50,000 sf of building area, N
in this table then 1 space for every 10,000 sf of
remaining building area
Mini-warehouse Not Applicable N
Storage of commercial motor vehicles
Storage of motor vehicles for rental (no
on-site rental or leasing facility)
Tank farm, petroleum bulk station and 1,000 sf up to 10,000 sf of building area, N
terminal, or other aboveground storage then 1 space for every 2,000 of remaining
of flammable liquids building area
Warehouse 5,000 sf up to 50,000 sf of building area, N
then 1 space for every 10,000 sf of
remaining building area
Assembly and Entertainment
Adult uses 500 sf building area Y
Amphitheater 6 seats or 600 sf of total assembly area, Y
whichever is greater
Amusement, commercial, indoor 250 sf net floor area Y
Amusement, commercial, outdoor 1,000 sf of activity area Y
Botanical garden or arboretum Not applicable Y
Club, lodge, civic, social, or fraternal 300 sf of net floor area N
organization
Community center
Eating establishment 100 sf net floor area N
Eating and drinking establishment
Entertainment establishment
Exhibition, convention, or conference 8 persons of maximum load occupancy Y
center
Gaming establishment 250 sf net floor area N
Go-cart track 1,000 sf of activity area Y
Golf course 0.5 holes Y
62
Health and fitness center 5 persons of maximum load occupancy Y
Meeting hall 5 persons of maximum load occupancy Y
Paint ball facility, outdoor 2,000 sf of activity area Y
Park or playground, not otherwise listed None N
in this table
Place of worship 4 seats or per 6 linear feet of bench seating Y
in the portion of the building to be used for
services or the largest assembly room,
whichever is greater
Recreation, indoor—Bowling alley 0.5 lane Y
Recreation, indoor—Ice skating or roller 200 sf of skating area Y
skating rink
Recreation, indoor or outdoor— 0.5 court Y
Basketball courts
Recreation, indoor or outdoor—Batting 0.5 cage Y
cages
Recreation, indoor or outdoor— 500 sf of skating area Y
Skateboarding course
Recreation, indoor or outdoor— 75 sf of water area Y
Swimming pools
Recreation, indoor or outdoor—Tennis 0.75 court Y
or other racquet courts
Recreation, outdoor—Athletic fields 2,000 sf field area Y
Recreation, outdoor—Golf driving 0.75 tee Y
ranges
Recreation, indoor, not otherwise listed 500 sf of activity area Y
in this table
Recreation, outdoor, not otherwise listed 1,000 sf of activity area Y
in this table
Sports stadium, arena, or coliseum 5 seats Y
Theater, movie or performing arts 5 seats N
Zoo 2,500 sf of display area Y
Public, Institutional or Community Facilities
Aquarium or planetarium 2,000 sf net floor area Y
Artist studio 1,000 sf net floor area Y
Cemetery None N
Community food operation 1,000 sf net floor area N
Community garden None Y
63
Day care center, adult 8 persons at permitted by max occupancy Y
Day care center, child 8 children at permitted by max occupancy Y
Day care home, child Not applicable N
Educational facilities,business school or 4 students Y
nonindustrial school
Educational facilities, college/university 4 full-time equivalent students Y
Educational facilities, elementary 0.5 classroom Y
Educational facilities,middle 0.5 classroom Y
Educational facilities, secondary 7 students Y
Educational facilities, industrial trade 5 students Y
school
Educational facilities, school for the arts 300 sf Y
Fire, police, or emergency services 500 sf N
Government facility—Jail 20 inmate capacity N
Government offices or other 300 sf net floor area Y
government facility, not otherwise listed
in this table
Hospital 500 sf net floor area Y
Library 500 sf net floor area Y
Military reserve or National Guard 600 sf net floor area Y
center
Museum 1,000 sf net floor area Y
Post office 400 sf net floor area Y
Supply pantry 500 sf net floor area Y
Training facility for police, fire, or 600 sf net floor area Y
emergency services
Transportation Uses and Structures
Airport None N
Airport-related commercial and personal 300 sf net floor area N
service uses
Bus maintenance, including repair and 2,000 sf building area N
storage
Bus passenger terminal or station None Y
Limousine service 300 sf net floor area of office N
Motor freight terminal or truck terminal 5,000 sf up to 50,000 sf of building area, YN
then 1 space for every 10,000 of remaining
building area
64
Railroad freight yard, repair shop, and 5,000 sf up to 50,000 sf of building area, N
marshalling yard then 1 space for every 10,000 sf of building
area
Railroad passenger station None Y
Taxicab business 300 sf net floor area of office N
Utility Uses and Structures
Broadcasting studio or station 300 sf net floor area Y
Broadcasting tower None N
Hazardous materials facility 300 sf office area N
Utility distribution or collection, Basic None N
Utility distribution or collection, None N
Transitional
Utility generation or treatment 300 sf office area N
Utility maintenance and service facility 300 sf office area N
Wireless telecommunications facility None N
Agriculture
Agricultural operations None N
Animal shelter 500 sf net floor area Y
Stable, commercial 4 stalls Y
Wildlife rescue shelter or refuge area 500 sf net floor area of office Y
"sf' means the net floor area in square feet for the principal structure, or use if the use occupies
only part of a structure, unless otherwise noted in the table.
"Y" means the maximum parking regulations set forth in Section 36.2-653 shall apply.
"N" means the maximum parking regulations shall not apply.
* * *
Sec. 36.2-653. Maximumoff-street parking.
* * *
Sec. 36.2-654. Off-street pParking and loading area standards.
* * *
(a) General standards. Off street pParking and loading areas shall be subject to the
following general requirements:
* * *
(4) O feet Parking and loading -areas shall be so designed as not to require or
permit maneuvering to and from a street to access or exit an off-street parking
65
space, except for single-family detached, single-family attached, arid two-family
dwellings, town houses with individual driveways, and multifamily dwellings
with less than four dwelling units on a parcel where maneuvering to and from a
street shall be permitted.
(5) Off street parking spaces may be located directly adjacent to an alley. Where an
alley provides access to the rear of the property, maneuvering to and from a
. • . . - . be permitted.
(5) For lots under common ownership or an otherwise agreed to unified development,
the joint use of driveways, frontage roads, and parking areas for nonresidential
uses may be required by the Zoning Administrator along collector and arterial
streets. "Joint use" means a cross-access easement or other enforceable restriction
that provides access between abutting properties.
* * *
(b) Construction and location standards. Off street pParking and loading areas shall
comply with the fell-awing construction standards listed below and as shown in
Table 654.1:
(1) All off street pParking areas and loading areas shall be graded for drainage and
have an improved surfaced surface, except where an alternative surface is
permitted in Table 654-1. Improved surface shall mean with concrete, asphalt,
bituminous pavement, brick or stone pavers, or a permeable paver system., except
as-fel-fewsi
(A) For single family detached dwellings, the Zoning Administrator may
satisfactory specifications for a sub base and the size, tamping, and
(B) The Zoning Administrator may permit gravel or a similar surface to be
used in fleet or motor vehicle storage yards if the applicant establishes that
generated by a paved surface or permeable paver system.
(2) Where a gravel or a similar surface is permitted in Table 654-1, the zoning
administrator may require a development plan including satisfactory
specifications for a sub-base and the size, tamping, and containment of gravel and
documentation that dust will not be generated in an amount in excess of that
which would be generated by a paved surface or permeable paver system prior to
approval.
66
(23) - . • . , - . . - -- _ , . ■_ :Parking areas and
loading areas shall be bordered by a curb of concrete, asphalt, or other material
acceptable to the Zoning Administrator, as indicated in Table 654-1. Curbing
shall not be required if the applicant incorporates low-impact stormwater design
practices consistent with the United States Environmental Protection Agency,
Low-Impact Development Design Strategies: An Integrated Design Approach
(June 1999) and Low-Impact Development Hydrologic Low-Impact Development
Hydrologic Analysis (July 1999).
(3.4) When a curb is not provided pursuant to item 3 above, wheel or bumper guards
shall be provided, located, and arranged so that no part of any parked motor
vehicle will extend beyond the boundaries of the parking area and so that they
preclude motor vehicles from driving onto landscaped areas.
(5) In the Neighborhood Design Overlay District (ND), no parking spaces, if
provided, shall be permitted between the right-of-way of a street and the principal
building. In the case of a corner lot, this regulation shall only apply to the street
frontage containing the primary building façade.
(6) In any PUD district, the parking and loading area standards will be established on
the development plan.
Table 654-1. Parking and Loading Area Standards
Standards for single-family Standards for all other uses and
dwellings, two-family dwellings, zoning districts
multifamily dwellings and
townhouses with up to four dwelling
units in a single structure on a single
parcel, and townhouses with
individual driveways regardless of
district
Material Standards
67
All parking areas, Improved surface required Improved surface required
and loading areas
driveways and No curbing required Curbing around all loading areas
loading spaces, and all parking areas with seven or
excluding parking more spaces, including any interior
structures islands
Exceptions:
Exceptions:
Concrete runners with vegetated
center and edge strips (ribbon Gravel permitted: 1) behind building
driveway) line where access is off an alley, 2)
fleet storage, commercial vehicle
Gravel permitted behind building storage or 3) any area in an ROS
line where access is off an alley District.
Gravel permitted for all parking and Curb not required where LID
loading areas in RA district approach is used for stormwater
management
Parking structures Exterior driveways as above. Exterior driveways as above.
and garages Interior construction in accordance Interior construction in accordance
with the Uniform Statewide with the Uniform Statewide
Building Code. Building Code.
Location Standards
Driveway/Parking Predominantly located toward one Parking area prohibited between
Area location (1) side of the principal structure. right-of-way and principal buildings
Relative to Parking spaces shall not be located
Principal within the middle third of the front Exception:
Structures facade, exclusive of garages.
Lots in CG district with less than
Exception: 100 feet of frontage, and CLS,.I-1, I-
2, AD districts
Circular driveways
Townhouses as required by Section
36.2-431
Minimum distance 20 feet 40 feet
between driveway
entrance/exit and a
street intersection
Setbacks, Any 5 feet lest
property line
abutting a street Exception:
Not applicable for single family
dwellings, two-family dwellings and
townhouses with individual
driveways
68
Dimensional Standards
Front yard 30 percent of the lot area between No maximum
coverage: the right-of-way and the building
Maximum area of line
driveways and
parking areas in
established front
yard
Width: Cumulative width of driveway Cumulative width of driveway
Cumulative width entrances shall not exceed 30 entrances shall not exceed 30
of all driveway percent of the lot frontage. percent of the lot frontage.
entrances at
frontage Exception: Exception:
10 feet minimum width for all lots 18 feet minimum width for all lots
Width: Minimum 10 feet R-12, R-7, R-5, R-3, R-A, RM-1
individual
driveway width Exception: One way: 10 feet
(applies between Two way: 18 feet
right-of-way and Actual paved width of driveway
building line) may be reduced to 8.5 feet for solid RM-2, RMF, all multiple purpose
paving and 7 feet for ribbon districts
driveways (width considered 10 feet
for purpose of calculations) One way: 12 feet
Two way: 15 feet
Industrial districts
One way: 12 feet
Two Way: 18 feet
Width: Maximum 20 feet or half of the front lot line R-12, R-7, R-5, R-3, R-A, RM-1
individual length, whichever is less
driveway width One way: 12 feet
(applies between Two way: 24 feet
right-of-way and •
building line) RM-2, RMF, all multiple purpose
districts
One way: 15 feet
Two way: 24 feet
Industrial districts
One way: 18 feet
Two Way: 30 feet
Maximum cross 2 percent 2 percent
slope where a
driveway crosses a
sidewalk
69
Operational Standards
Pedestrian access No No
required per 36.2-
654(c) Exception:
Requirement applies to CG and CLS
Districts
Unobstructed Yes Yes
access from
parking spaces to Exception:
driveway/drive Does not apply to single family
aisle dwellings
Parking Space 9' x 18' area for each required Table 654-2 for required parking
Dimensional parking space provided,
Standards adequate maneuvering space from Exception:
parking space to driveway/drive Parking structures
aisle
Exception:
Garages
Special provisions for corner and through lots. (Provisions apply to all frontages unless
otherwise listed below.)
Corner lots Material: gravel permitted behind Material: Gravel permitted behind
building line of the facade with the building line of two frontages when
principal entrance and one access is from an alley.
intersecting street/building line
when access is from an alley Location: standards apply to all
frontages with the exception of
Location: driveway/parking area parking between a building and the
location relative to principal right-of-way. This requirement
structures requirement applies only applies as follows:
to the facade of the principal
structure containing the principal CN, CG, D, UF, IN, and MX
entrance to the building and one districts: applies to both frontages
intersecting frontage. The location where the maximum front yard is
of parking spaces shall be located met.
predominantly to the side of the
combined intersecting facades. All residential districts: applies to
one front yard, where maximum
Dimensional: front yards apply; standard shall
Width standards apply to all apply to one of the front yards
frontages. Lot coverage standards where the maximum front yard is
apply to frontage of principal met.
entrance and one intersecting
frontage Dimensional:
Apply to all frontages.
70
Through lots Location: standards apply to all Location: Standards apply to all
frontages with the exception of frontages with the exception of
location relative to principal parking between principal structures
structures. This requirement applies and the right-of-way. This provision
only to the frontage of the structure applies only to one frontage and
with the rima entrance shall be the frontage where the
p rY
maximum front yard is met where
Dimensional standards: minimum maximum front yards apply.
and maximum driveway width
standards do not apply between the
structure and the minimum front
yard for the frontage that does not
contain the primary entrance to the
structure. The maximum area of
driveways and parking areas in
established front yard standard does
not apply to the front yard that does
contain the primary entrance to the
structure.
* * *
(d) Location standards. Off street parking areas, and flcct or motor vchiclo storage
(1) Except for lots containing single family detached dwellings, and except as
•
(A) No off street parking area shall be located closer than five(5)
feet to any side or rear property line; and
(B) No off street parking area shall be located closer than eight(8)
(2) Except for lots containing single family de t ac h ed dwellings, and existing lots of
• • • _ _ • •_ • - _ . . . . !! -- . frontage, no off street
buildings in the RM 1, RM 2, RMF, CN, CG, MX, IN, or D District. In the case of•, • . . .. . . •- _ .
(3) In the Neighborhood Design Overlay District (ND), off street parking, if
- - - • . . . . . . • . .• . . . . . - , •
fad
71
(4) In the Urban Flex District (UF), off street parking, if provided, shall be located
access to any property in the UF District, off street parking shall be accessed from the
alley. In the case of a corner lot, off street parking shall be accessed from the frontage not
(d) Maximum driveway widths as set forth in Table 654-1 may be exceeded in
accordance with the following provisions:
(1) In any district that has a maximum width of thirty (30) feet for a two-way
driveway, the maximum width of a driveway with a center median shall be forty-
five (45) feet, provided the center median is a minimum width of five(5) feet and
is covered with grass or other vegetative groundcover.
(2) The Zoning Administrator may approve, in writing, an increase in the width of a
driveway based on the following criteria:
(A) Such increase in the width of a driveway shall be permitted only upon the
same lot as the principal use which the driveway is intended to serve;
(B) The permitted increase in maximum width of a driveway shall be limited
to the required width as clearly demonstrated by the applicant as set forth
in subsection (C) below; and
(C) The approval of such increase in the width of a driveway shall be based on
findings related to the configuration and width of the street being
accessed, the turning radii of motor vehicles used due to the operational
nature of the use as demonstrated through vehicle wheel path templates,
and frequency of such use. Documentation shall be provided by the
applicant in a form acceptable to the Zoning Administrator.
(3) For lots containing single family dwellings with a garage, an increase in the
maximum driveway width shall be permitted to allow the required flaring for
motor vehicles to enter the driveway.
(A) In no case shall the width of the flare be greater than the width of the
garage entrance plus two feet;
(B) The length of the flare shall be the minimum of the width of the garage
entrance and the distance between the driveway and the right-of-way; and
(C) The flare shall be an even taper and/or curve between the main portion of
the driveway and the garage entrance.
72
(e) Parking space and aisle dimensional standards. Off street pParking areas for the
provision of the minimum number of required off street parking spaces shall be
subject to the requirements for size of parking spaces, aisle dimensions, and wheel
curb offsets as set forth in Table 65442. Parking structures shall be exempt from
the dimensional standards set forth in Table 65442.
Table 654-42.Off-Street Parking Dimensions
(Minimum Values in Feet)
r
A 410, WVheei curb offset
90' 2'heed in
Allik4'back in
■
1 . ►
H1 E D
411*D � ±
B
V
W G I'
F
1
,
1
■
Off-Street Parking Dimensions
A B C D E F G
0° 8'6" 8.5 12.0 23.0 29.0 -
9'0" 9.0 12.0 23.0 30.0 -
9'6" 9.5 12.0 23.0 31.0 -
73
10'0" 10.0 12.0 23.0 32.0 -
20° 8'6" 14.5 11.0 24.9 40.0 32.0
9'0" 15.0 11.0 26.3 41.0 32.5
9'6" 15.5 11.0 27.8 42.0 33.1
10'0" 15.9 11.0 29.2 42.8 33.4
30° 8'6" 16.9 11.0 17.0 44.8 37.4
9'0" 17.3 11.0 18.0 45.6 37.8
9'6" 17.8 11.0 19.0 46.6 38.4
10'0" 18.2 11.0 20.0 47.4 38.7
45 8'6" 19.4 13.5 12.0 52.3 46.5
9'0" 19.8 13.0 12.7 52.5 46.5
9'6" 20.1 13.0 13.4 53.3 46.5
10'0" 20.5 13.0 14.1 54.0 46.9
60 8'6" 20.7 18.5 9.8 59.9 55.6
9'0" 21.0 18.0 10.4 60.0 55.5
9'6" 21.2 18.0 11.0 60.4 55.6
10'0" 21.5 18.0 11.5 61.0 56.0
70 8'6" 20.8 19.5 9.0 61.1 58.2
9'0" 21.0 19.0 9.6 61.0 57.9
9'6" 21.2 18.5 10.1 60.9 57.7
10'0" 21.2 18.0 10.6 60.4 57.0
80° 8'6" 20.2 24.0 8.6 64.4 62.9
9'0" 20.3 24.0 9.1 64.3 62.7
9'6" 20.4 24.0 9.6 64.4 62.7
10'0" 20.5 24.0 10.2 65.0 63.3
90° 8'6" 19.0 25.0 8.5 63.0 -
9'0" 18.0 24.0 9.0 60.0 -
9'6" 18.0 24.0 9.5 60.0 -
10'0" 18.0 24.0 10.0 60.0 -
Key for Table 654-12:
A-Parking Angle
B - Stall Width
C- Stall to Curb
D-Aisle Width
74
E—Curb Length Per Car
F—G—Total Width of a Double-Loaded Aisle
(f) Driveway standards.
(1) Driveways and off street parking spaces for single family detached dwellings,
• - - ._ . . . . . . . . . . _ Side-of-the
- • • . - . . . . . ,
(B) No driveway entrance or exit shall intersect with a street at a location
- - I - - -
(C) Driveways and off street parking spaces, except those off street parking
thirty (30) percent of the lot area between the right of way and the
.. - -. -
minimum width requirement of ten (10) feet and shall not exceed a
-- : • -
(E) For lot frontages of one hundred (100) feet or more, the total width of
- - -- -
Any driveway on such lot frontage shall meet a minimum width
twenty-(204-feet
(2) Driveways, except for single family detached dwellings, shall
(A) No driveway entrance or exit shall intersect with a street at a
-- - - - -
75
thirty three(33)percent of the lot frontage, • -_ . - • -
(C) Driveways shall meet the width requirements of Table 654 2.
•
Except f r r ots Containing
Zoning a--Way 2-Way
Distfiets
Minimum Maximum Minimum Maximum
Width Width Width h
(feet) (feet) (feet) (feet)
R 12, R 7. 4-0 -1-8 24
R 5, R 3,
RM l
RM
RAF
CN, MX, 1-2
IN
BLS;
D, OF
I I, I2,
144,4D
MXPUD,
NAJD
ROS, AD +-2 4-8
76
(D) Maximum driveway widths as set forth in Table 654 2 may be exceeded in
l. In any district that has a maximum width of thirty (30) feet for a two way
. ' . , - - - . •- - . •. - . . - ' . - . -- - •• •. . shall be forty five
- -- -- - -- . • . -••-•-- -- width of five (5) feet and is covered
with grass or other vegetative groundcover.
2. An increase in the width of driveways may be approved by the Board of Zoning
Appeals by special exception, pursuant to the provisions set forth in Section 36.2
560.
a. Such increase in the width of driveway shall be permitted only upon
b. The permitted maximum width of driveway created for any use shall
be established by the Board, and such maximum width shall be limited to
the required width as clearly demonstrated by the applicant as set forth in (11)
below; d
c. The approval of such increase in the width of driveway shall be based
on findings related to unique driveway and ingress/egress demands created by
the operational nature of the use, intensity of utilization unique to the use,
distance from property line to edge of pavement, the configuration and
width of the street being accessed, and the turning radii of motor vehicles used
(3) For lots under common ownership or an otherwise agreed to unified development,
uses may be required by the Zoning Administrator along collector and arterial
streets. "Joint use" means a cross access easement or other enforceable restriction
two (2)percent or less.
• •
(a) Generally. Except for single family and two family dwellings, whenever the
77
■
(1) All required off street loading spaces shall be located on the same zoning lot as
the use served.
used to meet the requirements for off street parking or portions thereof
Table 655 1, except that the minimum loading space requirements of Table-65-5-4
.. .• • . .. . .. .
(CN),or the Urban Flex District(UF).
Net Leasable Area of Building Minimum Number
of Loading Spaces
1,000 69,999 square feet 1-
70,000 79,999 square feet 2
80,000 127,999 square feet 3
128,000 191,999 square feet 4
192,000 or more square feet 5
(15) feet in width and twenty five (25) feet in length, exclusive of aisle and
(15) feet. Where one (1) such space is provided, the minimum width of any
(c) Location.
(1) Off street loading spaces shall not be permitted in a front yard.
(2) Off street loading spaces shall be provided to accommodate delivery or shipment
means of vehicular access to a street or alloy in a manner that will 1 st interfere
with traffic movement, separated from customer and employee parking and
DIVISION 6. SIGNS.
78
* * *
Sec. 36.2-661. Applicability.
* * *
(c) Exemptions.
* * *
(19) A single sandwich board or"A" frame sign per storefront in multiple
purpose districts.
Sec. 36.2-662. Definitions.
* * *
Electronic readerboard: A computer generated sign which displays messages with letters,
pictographic, or symbolic informational content which can be changed or altered on a fixed
display screen by electrically illuminated segments. A sign that contains only a static electronic
display of numerals, such as gas prices, shall not be classified as an electronic readerboard.
* * *
Projecting sign: A sign which is attached to, supported by, and extending more than
twelve (12) inches from a building face or wall, in whole or in part, at a ninety (90) degree angle
to the building wall from which it projects and to which it is attached. Such sign shall extend no
more than six (6) feet from the building to which it is affixed. An awning, canopy, or marquee
sign shall not be considered a projecting sign.
Public service announcement: a message intended to raise awareness or provide
information on an issue of a noncommercial nature to the public. Such issues may include health
warnings or advisories, safety messages, or educational information.
* * *
Sec. 36.2-668. On-premises signs, generally.
The types, number and size of on-premises signs by zoning district shall be permitted as
set forth in Table 668-1.
Table 668-1. Type, Number, and Size of On-Premises Signs
District Type Maximum Maximum Maximum Maximum Permitted
79
Permitted Number of Sign Area Individual Height Characteristics
Signs Sign e
Area
RA, R- None Not Not Not Not Not
12, R-7, Applicable Applicable Applicable Applicable Applicable
R-3, None Not Not Not Not Not
RM-1 Applicable Applicable Applicable Applicable Applicable
RM-2, Freestanding 1 per lot 25 sf 25 sf 6 ft Identification
RMF frontage sign only
Building- 1 per lot 25 sf 25 sf n/a
mounted frontage
MX, CN, Freestanding 1 per 0.5 sf per lf 32 sf 6 ft Illuminated
IN, ROS, frontage of lot
OF frontage Changeable
Building- I per 32 sf plus 32 sf None n/a copy
mounted building-face 0.5 sf per if
or storefront of building
None face or
storefront
over 321f
plus
additional
area per Sec.
36.2-677
CG Freestanding 1 per 1 sf per lf of 12500 sf 25 ft Illuminated
frontage lot frontage Changeable
Building- l per 32 sf plus 1 None n/a copy
mounted building f ce sf per if of Electronic
er- t building face readerboard
�
None or storefront
over 32 if
plus
additional
area per Sec.
36.2-677
Upper-story I per 2%10% of 300-x€None n/a Illuminated
facade area.
None maximum
300 sf
CLS Freestanding 1 per 200 1 sf per lf of 150 sf 25 ft Illuminated
linear feet of lot frontage Changeable
lot frontage copy
up to 4 signs Electronic
readerboard
80
Building- 1 per 32 sf plus 1 None n/a Illuminated
mounted building face sf per if of Changeable
or steref ont building face copy
None or storefront Electronic
over 321f, readerboard
plus
additional
area per Sec.
36.2-677
Upper-story I per 2%10% of 300 sf None n/a Illuminated
building face facade area.
None maximum
300 sf
D Freestanding 1 per 0.5 sf per If 32 sf 6 ft Illuminated
frontage of lot Changeable
frontage copy
Public service
message board
Building- 1 per 32 sf plus 1 None n/a Illuminated
mounted sf per lf of Changeable
er-etorefront building face copy
None or storefront
over 32 lf,
plus
additional
area per Sec.
36.2-677
Upper-story 1 per 2%10% of 300 sf None n/a Illuminated
building face facade area,
None maximum
300 sf
Sandwich 1 per 4-0-sf 10 sf and 2.5 fWa Changeable
board storefront eepy
None width
I-1, I-2, Freestanding 1 per 0.5 sf per lf 125 sf 16 ft Illuminated
AD frontage of lot
frontage Changeable
Building- der 32 sf plus 1 None n/a copy
mounted sf per lf of
or sterefr-eTt building face Readerboard
None or storefront
over 321f.
plus
additional
area per Sec.
81
Nimimma-
36.2-677
MXPUD Determined Determined Determined Determined Determined Illuminated
by MXPUD by MXPUD by MXPUD by MXPUD by MXPUD
Development Development Development Development Development
Plan Plan Plan Plan Plan
MXPUD, As specified by the PUD development plan, or same as CG when not specified by
INPUD, plan.
IPUD
INPUD, Freestanding I per lot 0.5 sf per If 60-s€ 16 ft Illuminated
IPUD frontage of lot Changeable
None frontage copy
Building- per 32 sf plus 1 None Electronic
mounted sf per If of readerboard
ant building face
None or-storefront
over 32 If
Upper-story l per 2% of facade 300-s€ n/a
building f ce area
None
"sf' means square feet, "lf' means linear feet, "ft" means feet, and "n/a" means not applicable.
"None" means no limit.
Sec. 36.2-669. Changeable copy signs and electronic readerboard signs.
* * *
(b) Electronic readerboard signs shall be subject to these requirements:
(1) The electronic readerboard shall abut or connect with a static sign face.
* * *
Sec. 36.2-671. Building-mounted signs.
In addition to the regulations set forth in Table 668-1 and Table 669-1, on-premises
building-mounted signs shall be subject to the following standards:
(a) Building mounted signs shall be permitted only on the facades or appurtenances
82
(ba) No building-mounted sign, except for a projecting sign, shall cover, cross, or
otherwise hide any cornice, column, belt course, window, or balcony of a
building, or any portion of such feature.
(eb) Window signs shall not exceed be permitted at up to fifty (50) percent of the
window area to which they are applied or attached, from which they are
suspended, or through which they are displayed and shall not be counted towards
building mounted sign area. Window signs exceeding fifty (50) percent of the
window area to which they are applied or attached, from which they are
suspended, or through which they are displayed are prohibited.
(dc) No part of any awning or canopy containing a sign shall extend above the height
of the bottom sill of any second story window of the building facade to which it is
attached. All lettering and images comprising any portion of an awning or canopy
sign shall be located on the face of the awning or canopy and shall not project
above or below the face or in any way beyond the physical dimensions of the
awning or canopy.
Sec. 36.2-672. Upper story wall signs.
* * *
of-tb ;
the surface area of the building facade on which the sign is placed, up to a
e!
* * *
Sec. 36.2- 677. Allocation of permitted sign area.
Permitted sign area for freestanding signs that is not used on a lot may be allocated to increase
the permitted sign area for building-mounted signs on the same lot. Such request for allocation
of sign area shall be made in writing to the zoning administrator and shall include the existing
area of freestanding and building mounted signs and identify the quantity of sign area to be
allocated. Approval of sign allocation shall be made by the zoning administrator in writing.
ARTICLE 7. NONCONFORMING USES, STRUCTURES, AND LOTS
* * *
Sec. 36.2-705. Nonconforming uses.
83
* * *
(c) Nonconforming uses in all zoning districts, except R 12, R 7,
R 5, R 3, RM 1, RM 2, and MX may be expanded with the approval of
the Board of Zoning Appeals, subject to the following provisions:
* * *
(3) Any increase in volume, area, or extent of nonconforming use shall not exceed an
aggregate of twenty five (25) percent of the existing none . fifteen
(15) percent of the existing nonconforming use in the R-12, R-7, R-5, R-3, RM-1,
RM-2, and MX zoning districts or twenty-five (25) percent of the existing
nonconforming use in other zoning districts.
* * *
Appendix A. Definitions.
* * *
Civic space: A public space located between a street and building that serves as a gathering
space.
* * *
Dwelling: A building, or portion thereof, designed to be used for continuous, year-round
residential purposes, containing one (1) or more independent housekeeping units and including
the following specific types:
* * *
(4) Dwelling, Multifamily: A building, or porti,.. thereof a portion of a building, or
multiple buildings on a single lot, designed for the permanent occupancy of three
(3) or more families, regardless of the method of ownership, with the number of
families in residence not exceeding the number of dwelling units provided.
* * *
Internet sales establishment: A retail sales establishment that solely operates through on-line,
mail order, or similar customer interaction. There is no store front for the purchase of goods or
other means of direct pick-up of products by customers at the facility.
84
I
Loading area: An area provided for bulk pickups, deliveries, and refuse collection, including any
related aisle, loading spaces, ingress and egress lanes, and driveways but not including any part
of a public right-of-way or public street.
* * *
Primary entrance: An entrance designed as the principal entrance to a building, or one of
multiple principal entrances to a building, when more than one such entrance is present. The
primary entrance is an easily recognizable entrance located on the primary building facade that is
accessible to all users of the building including but not limited to employees, residents, members,
and patrons during regular business hours.
Primary street frontage: The lot frontage toward which the development on a lot is generally
oriented.
* * *
Resident manager apartment: A single dwelling unit : . . • • •- . . - . . . - • •..
-- . . _ _ - . _ - •-: . • which is accessory and subordinate to the principal
permitted use and which is designated for use only by the resident manager or security personnel
of such principal permitted use. Such dwelling unit shall not be sold, leased, or rented for other
purposes.
(1) Th at portion o f a corner lot, in any zoning district,
lying within hin a
triangle area
• • -
a third line. nd
85
Street
Edge of pavement
Vertex F. 10'
1
Irro rt
pey tine
C1.)
n) r
_J 1 01 I
r
CI)
r>
r
86
•
oft
(5) feet from the intersecting lines for residential driveways, and ten (10) feet
1111111111111 Street
r� 5'—r vertex 5-....1 ~ 10 t` +— —10
I
5' Property Tr :rg'o_ ro Triangle Property
I Sight >, Sight Line 10' g line
Triangle
s Triangle 1 o
Q r a
Iin
m 6
tr
Sight Distance Triangle Street
vr�rrvr�rcrrrassa;'�vcr�cci
Sight distance triangle: A sight distance triangle shall mean a triangular gu area illustrated by
dashed lines in the diagram below:
t STREET
• IS feet 15 feet — --
N. NM MOO .� • 1 's
1 1
N II •• 1 1 II
1 ,I `• 1 >- 1 I
li
w w
i•—• o CC
SITE DISTANCE TRIANGLES
87
* * *
Street: Any public way (or private way as may be applicable in a PUD or an established private
way upon which a lot or lots have frontage) for vehicular and pedestrian traffic which provides
the primary means of access to lots.
Structure: Anything which is constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground, including buildings, walls, fences,
signs, manufactured homes, and swimming pools (in-ground and above-ground):, patios, parking
areas and loading areas. Constructed or erected with a fixed location shall mean an item that is
stationary and that cannot be readily moved without special equipment.
* * *
Transparency, facade: Portion of a building facade constructed of a transparent material.
Transparent material: Material capable of transmitting light so that objects or images can be seen
as if there were no intervening material.
* * *
Yard, established front: A yard provided between a front lot line and a either the building line or
the façade of a building that faces the front lot line.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
88
a
CITY OF ROANOKE
�I a
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S. W., Room 456
!'
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Faa: (540)853 -1145
E -mail: elerk@roanok va.gov
JONATHAN E. CRAFT
STEPHANIE M. MOON, MMC
Deputy City Clerk
City Clerk
CECELIA T. WEBB
AMsistanl Deputy City Clerk
September 6, 2012
Princess Moyer
1513 W. Campbell Avenue, S.W.
Roanoke, VA 24016
Dear Ms. Moyer:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
September 6, 2012, you were appointed as a member of the Roanoke Neighborhood
Advocates to replace Braxton Naff for a term of office ending June 30, 2015.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
Princess Moyer
September 6, 2012
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of the
Roanoke Neighborhood Advocates.
Sincerely,
Stephanie M. Moon, MM
City Clerk
SMM:jec
Enclosures
pc: Bob Clement, Neighborhood Coordinator, w /application
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the fourth day of September, 2012, Princess Moyer was appointed
as a member of the Roanoke Neighborhood Advocates to replace Braxton Naff for a
term of office ending June 30, 2015.
Given under my hand and the Seal of the City of Roanoke this sixth day of
September 2012.
U4�r 1. iYlOt)r/
C_Ity Clerk
Hollis Young
2036 Mountain View Terrace
Roanoke, VA 24015
Dear Ms. Young:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
September 6, 2012, you were appointed as a member of the Roanoke Neighborhood
Advocates to fill the unexpired term of Felicia Journiette ending June 30, 2014.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
CITY OF ROANOKE
iY1 °
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Paa: (540)853-1145
STEPHANIE M. MOON, MMC
E-mail: clerkuroanokeva.gov
JONATHAN E. CRAFT
City Clerk
Deputy City Clerk
CECELIAT. WEBB
Assistant Deputy City Clerk
September 6, 2012
Hollis Young
2036 Mountain View Terrace
Roanoke, VA 24015
Dear Ms. Young:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
September 6, 2012, you were appointed as a member of the Roanoke Neighborhood
Advocates to fill the unexpired term of Felicia Journiette ending June 30, 2014.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
Hollie Young
September 6, 2012
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of the
Roanoke Neighborhood Advocates.
Sincerely, tyom-,,�,
Stepha�oan'MMC
City Clerk
SMM:jec
Enclosures
PC: Bob Clement, Neighborhood Coordinator, w /application
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the fourth day of September, 2012, Hollie Young was appointed as
a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Felicia
Journiette ending June 30, 2014.
Given under my hand and the Seal of the City of Roanoke this sixth day of
September 2012.
m
City Clerk
The Honorable Charles Dorsey, Judge
23rtl Judicial Circuit
Roanoke, Virginia
Dear Judge Dorsey:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
September 4, 2012, you were appointed to replace Judge Clifford Weckstein as a City
representative of the Court Community Corrections Program Regional Community
Criminal Justice Board for a term of office ending June 30, 2015.
Once the Oath has been administered, please return a signed copy to the City Clerk's
Office prior to serving in the capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
CITY OF ROANOKE
iY
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
�-`
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fes: (540)853 -1145
STEPHANIE M. MOON, MMC
E-snnl: cierkaroanokeva.gov
JONATHAN R CRAFT
City Clerk
Deputy City Clerk
CECELIAT. WERE
Assistant Deputy City Clerk
September 6, 2012
The Honorable Charles Dorsey, Judge
23rtl Judicial Circuit
Roanoke, Virginia
Dear Judge Dorsey:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
September 4, 2012, you were appointed to replace Judge Clifford Weckstein as a City
representative of the Court Community Corrections Program Regional Community
Criminal Justice Board for a term of office ending June 30, 2015.
Once the Oath has been administered, please return a signed copy to the City Clerk's
Office prior to serving in the capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
Judge Dorsey
September 6, 2012
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a City representative
of the Court Community Corrections Program Regional Community Criminal Justice
Board.
Sincerely,
Stephanie Mm��
City Clerk
SMM:jec
Enclosures
PC: Kathryn Van Patten, Director, Court and Community Corrections, 1627 East Main
Street, Salem, Virginia 24153
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the fourth day of September, 2012, Judge Charles Dorsey was
appointed to replace Judge Clifford Weckstein as a City representative of the Court
Community Corrections Program Regional Community Criminal Justice Board for a term
of office ending June 30, 2015.
Given under my hand and the Seal of the City of Roanoke this sixth day of
September, 2012.
4� r�). W��
City Clerk
Mary V. H. Dykstra
198 Warrington Road, S. W.
Roanoke 24015
Dear Ms. Dykstra:
At a regular meeting of the Council of the City of Roanoke held on Tuesday, September
4, 2012, you were reappointed as a member of the Architectural Review Board for a four -
year term of office ending October 1, 2016.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which must be administered by a Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Once the Oath has been administered, please return a signed copy to the City Clerk's
Office prior to serving in the capacity to which you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your reappointment and each appointee is required "to read and
become familiar with provisions of the Act."
K:Datins and QualificatksrxW lrtectarzl Review Board ary V H Dykstra oath.dw:
CITY OF ROANOKE
�aa
�y� a
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
STEPHANIE M. MOON, MMC
E -mail: clerk@rnanokeva.gav
JONATHAN E. CRAFT
City Clerk
Deputy City Clerk
CECELIA R. TYREE
September 6, 2012
Assistant Deputy City Clerk
Mary V. H. Dykstra
198 Warrington Road, S. W.
Roanoke 24015
Dear Ms. Dykstra:
At a regular meeting of the Council of the City of Roanoke held on Tuesday, September
4, 2012, you were reappointed as a member of the Architectural Review Board for a four -
year term of office ending October 1, 2016.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which must be administered by a Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Once the Oath has been administered, please return a signed copy to the City Clerk's
Office prior to serving in the capacity to which you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your reappointment and each appointee is required "to read and
become familiar with provisions of the Act."
K:Datins and QualificatksrxW lrtectarzl Review Board ary V H Dykstra oath.dw:
Mary V. H. Dykstra
September 6, 2012
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue to serve the City of Roanoke as a member of the
Architectural Review Board.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
Enclosures
PC: Candace R. Martin, Secretary, Architectural Review Board, w /application
K1Qadis and QualificatioaaVrchitec al Review HoardNary V H Dykstra oaN.doc
COMMONWEALTH OF VIRGINIA )
) To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the fourth day of September 2012, Mary V. H. Dykstra was reappointed as a
member of the Architectural Review Board for a term of four years ending October 1, 2016.
Given under my hand and the Seal of the City of Roanoke this sixth day of
September 2012.
A • nu,
City Clerk
K:U.a and QualificatiortsWchirecwal Rrvie .Board ,V H Dykstra oat doc
Charles E. Hunter, III
2513 Robin Hood Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Hunter:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
September 4, 2012, you were reappointed as a member of the Economic Development
Authority for a four -year term of office ending October 20, 2016.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
CITY OF ROANOKE
tL
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S. W., Room 456
.c
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fey: (540)853 -1145
STEPHANIE M. MOON, MMC
E -..H: rlerkaroana keva.8ov
JONATHAN E. CRAFT
City Clerk
Deputy City Clerk
CECELIAT. WEBB
Assistant Deputy City Clerk
September 6, 2012
Charles E. Hunter, III
2513 Robin Hood Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Hunter:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
September 4, 2012, you were reappointed as a member of the Economic Development
Authority for a four -year term of office ending October 20, 2016.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
Charles E. Hunter, Ill
September 6, 2012
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue serving the City of Roanoke as a member
of the Economic Development Authority.
Sincerely,
ks-� _ °_ n d y�
Stephanie M. Moon, MMC
City Clerk
SMM:jec
Enclosures
pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn,
Feldmann, Darby and Goodlatte, P.O. Box 2887, Roanoke, Virginia 24001-2887
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the fourth day of September, 2012, Charles E. Hunter, III, was
reappointed as a member of the Economic Development Authority for a four -year term
of office ending October 20, 2016.
Given under my hand and the Seal of the City of Roanoke this sixth day of
September 2012.
11n,
City Clerk