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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 PAD ru,RSHIP RAE INITAUBMA 11 rts• \ y ( ottnc�ll COUNCIL OF COMMUNITY Roanoke e;SERVICES k,, ., 1. _t -Vc M .— ROANOKE CIVIC CENT L K • event, ,zor USEUi ART M Nir.irr 14 1 in,u iir _ t31-- 2 - e Dz. Poa C5 4 I 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. -2- [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 -3- {#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. -4- { #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 -5- {#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 � -6- {#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] -7- {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 1y' NAcENyF . .. ..... ✓2i NOTARY '', PUBLIC * : REG. #332964 ? ', tAY COA4 "d15610N 1 Q 00 .. E V . •�PU ✓faliH 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 me Gou.ml of me mty of Roanoke. Virginia it lie • Can sit )w ul n ore apubho heeung which may be „oGmrzed or riddance. a ee under applicable sat 200 r.m. on: oyta mbar 4. 2012 tid a,nlolpel building. 215 111—h Aver e. s.w. P onnok e. VI,,,n.a m in�eeauon with me nimn .1 me crunch m nsldo, for perm'. a III of utwn o sol�.ons, appmving the Issuance by', the City of Its general rbllgatmn bones no a .m emfmated net to eed $2.014.210 for me.. as andm epulpmem for smaol' tnd coy f .00noee pna toe going bon os. th, a "aonds'9,- Any citizen interested in me apsese of ma...I may , and be eeatd_Ir yon Kira a e, P t y raon o �iteee artans mrthel hear, please contact the tit. clar" s onlce� 1.53 - 2543). bero re 1200 GOon Thrown, August 2DIa. Gwen under my nand this loin day of August, 2012 . plethoric td. MOO.. CMG, Go, meM h .... pa. vngmfa 13077703) 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 2 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, 3 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. 4 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. 9 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 10 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. 12 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. 13 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. 16 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. 17 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. 18 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. 21 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] 23 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 Partners W Gaffer COmmvnftfes wvm.dticd.vWgfnla.pov WI0 iWel CMbs • 000.Mt Mfln Eewl, aoiI 000 • Richmond. vkpinle ]i]fe • P.. (.) 311-10ee • Pu (GOQ ei1 -0aiJ • Vl".. MM' 1 -1 -1 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