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Council Actions 12-17-12
TRINKLE 39550-121712 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 17, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Price was absent. The Invocation was delivered by The Reverend Josh Coldren, Pastor, Crossroads Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. The Mayor called for a Moment of Silence in memory of the 26 victims who were killed in Newtown, Connecticut. Chris Morrill, City Manager, read a statement from Rita D. Bishop, Superintendent, Roanoke City Public Schools, regarding security procedures for all City schools. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 20 at 7:00 p.m., and Saturday, December 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 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. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution recognizing the efforts of the Mayor's Committee for People with Disabilities. Adopted Resolution No. 39550-121712 (6-0). The Mayor presented ceremonial copies of the Resolution to Roger Eggers, Chair, Mayor's Committee for People with Disabilities, and Members of the Committee in attendance. 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. Robert Gravely appeared before the Council. 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.The Mayor called attention to three requests for Closed Meetings, one from Council Member Lea and two from the City Manager. C-1 Minutes of the regular meeting of Council held on Monday, November 5, 2012. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Council Member Sherman P. Lea, Vice-Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the mid-year performances of the Council-Appointed Officers, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 3 C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being the former YMCA, located at 425 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDATION ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being a portion of property located at 250 Reserve Avenue, S. W., (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 Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDATION ACTION: Concurred in the request. C-5 Minutes of the Audit Committee held on Wednesday, December 5, 2012. RECOMMENDED ACTION: Received and filed. C-6 A communication from Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, requesting that Council ratify the reappointment of Daniel E. Karnes as an at-large member of the Board of Directors for a three -year term of office, commencing January 1, 2013 and ending December 31 , 2015. RECOMMENDED ACTION: Concurred in the request. C-7 Report of qualification of James E. Smith to replace Fredrick M. Williams as a member of the City Planning commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from Council Member Ferris recommending that Council adopt a resolution to dissolve the Mill Mountain Advisory Committee. MATTER WAS WITHDRAWN. 4 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Approval of an amendment to the Percent-for-Art Program guidelines. Adopted Resolution No. 39551-121712 (6-0). 2. Approval and execution of an amendment to the 2010-2015 Consolidated Plan for the 2012 plan year; and reallocation of funds. Adopted Resolution No. 39552-121712 and Budget Ordinance No. 39553-121712 (6-0). 3. Appropriation of Fleet Management Retained Earnings for capital improvements. Adopted Budget Ordinance No. 39554-121712 (6-0). 4. Execution of a Roanoke Valley Regional Pound Agreement among the City of Roanoke, Town of Vinton, and Counties of Roanoke and Botetourt for the operation of a regional animal shelter. Adopted Ordinance No. 39555-121712 (6-0). COMMENTS BY CITY MANAGER. The City Manager offered the following comments: Recognition of Jeff Shawver, Building Commissioner, as Public Employee of the Year by the Homebuilders Association. Upcoming Events • Annual Career Lifestyle and Financial Fitness Fair will be held on January 8, 2013 from 8.30 a.m. to 8.30 p.m. at the Civic Center. Admission to the fair for attendees and exhibitors is free. 5 Returning Programs • The Roanoke 100 miler program will be return for a second year. The program, created by the Parks and Recreation Department, the community active living campaign that promotes walking, biking, pedaling 100 miles in 100 days. One of the Mayor goals is to improve the health of the community and this is one of the ways to make that happen. • The Citizen Budget Academy was reinstated and will be held on Saturday, January 12, 2013, at the Higher Education Center, Room 409. Citizens will actually learn the budget process so they can come back April 6 and review the recommendations of the priority teams to get their input. Anyone interested in participating can call (540) 853-6800 or email Department of Management and Budget @roanoke.gov. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 39556-121712 (6-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Mayor Bowers wished all citizens a joyous holiday season and Happy New Year. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESS. 3:21 p.m. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., FOR CLOSED MEETINGS IN THE COUNCIL'S CONFERENCE ROOM. 6 o% ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 17, 2012 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Price was absent. The Invocation was delivered by The Reverend Carl T. Tinsley, Sr., Pastor, First Baptist Church, Buena Vista, Virginia. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. The Mayor called for a Moment of Silence in memory of the 26 victims who were killed in Newtown, Connecticut. Welcome. Mayor Bowers. CERTIFICATION OF CLOSED MEETING. (6-0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 20 at 7:00 p.m., and Saturday, December 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 7 A. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution recognizing The Reverend Carl T. Tinsley, Sr., as the 2012 Citizen of the Year. Adopted Resolution No. 39558-121712 (6-0). The Mayor presented a ceremonial copy of the Resolution to Reverend Tinsley. B. PUBLIC HEARINGS: 1 . Request of Wayne and Beverly Embrey to vacate an approximately 1,201 square foot portion of the alley adjacent to with 1124 16th Street, S. E. Wayne Embrey, Spokesperson. Adopted Ordinance No. 39557on its first reading, (4-2, Council Members Bestpitch and Ferris voting no). 2. Amendment to Ordinance No. 39511-091712 to reflect more accurately the action taken by the City Planning Commission at its public hearing on July 19, 2012; and Council's approval of the amendment to the Countryside Master Plan which changed the land use designation of the Portland Planning Area from Agriculture to Recreation. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 39559-121712 (6-0). 3. Proposal of the City of Roanoke to convey certain property interests to the Virginia Department of Transportation ("VDOT") for its use as rights of way for improvements at 10th Street and Orange Avenue, N. W., to 10th Street and Williamson Road, N. W. (known as the 10th Street Improvement Project, State Highways Project). Christopher P. Morrill, City Manager. Adopted Ordinance No. 39560-121712 (6-0). C. OTHER BUSINESS: 1. Petition for Appeal filed by Joyce Epperly, appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W. Matter was remanded back to the Architectural Review Board for further negotiations. (6-0). 8 2. Discussion by Council regarding any recommendations of the Electoral Board to improve Election Day procedures; and continued discussion of the proposed realignment of City voting precincts. Request appointment from Roanoke Branch — NAACP, Roanoke Chapter— SCLC, Roanoke City School Board, Roanoke Neighborhood Advocates, Blue Ridge Independent Living Center, and Republican and Democratic Committees of a representative of its choosing to a task force charged with the responsibility to study the current voting process and precinct alignment of the City's voting precincts and make recommendations to City Council to make voting more efficient and convenient in order to maximize voter participation in elections, along with two poll workers selected by the Electoral Board; assign primary responsibility for staffing support of the task force to the Office of the City Attorney; request the City Manager and the Electoral Board to provide such staff assistance as may be necessary for the task force to accomplish its purpose; require the task force to hold at least two public hearings to receive comments from other interested citizens; and request the task force to provide its recommendations to City Council by May 20, 2013. D. 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. Jim Hammestrom, Stephen Painter, and Elliot Wheeler, appeared before the Council to request adoption of a measure establish as a position of the City Council of the Roanoke, Virginia to support a constitution amendment declaring that corporations are not people, that they are not endowed with the legal rights of natural persons, and that money is not speech. The request was referred to the City Manager and City Attorney for review and report to the Council. E. ADJOURN. - 9:33 p.m. 9 1 CITY OF ROANOKE y CITY COUNCIL 215 Church A c uc,S.W. ("4 4:4/ Noel Taylor Municipal Building.Suite 456 2'F-/ Roanoke.Airgima 24011-1536 - —� Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D.Bestpilch Raphael H_"Ray"Ferris Sherman P. Lea Anita 1. Price Court G.Rosen David B.Trinkle December 17, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, December 17, 2012.ZrelY Best wishes for a successful meeting. Anita J. Price Council Member AJP/ctw Dear Parents and Guardians, What happened in Newtown, Connecticut is simply unspeakable. We are all deeply saddened by this tragic event. I ask that we keep close to our hearts the victims of Sandy Hook Elementary, their families, the children who witnessed this unbelievable violence, and the entire community of Newtown, Connecticut. Our School Board and all members of the administrative team view school safety as our first priority. Roanoke City Public Schools worked with Ken Trump, a national expert on school security, on the development of our District safety plan. You may have seen him on national TV this weekend. I want you to know we review our security procedures on a regular basis. Of course, because of this tragedy, we will scrutinize all procedures. Many students will have questions and concerns about this tragedy. School personnel will work with them to provide reassurance. Please let us know if we can support you in any way. If you have any questions or concerns, please contact your school principal or me at 853-2381. Sincerely, Rita D. Bishop, Ed.D. Superintendent IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39550-121712. A RESOLUTION expressing the appreciation of City Council for the efforts of the Mayor's Committee for People with Disabilities, formerly known as the Mayor's Committee on Employment of the Handicapped and the Mayor's Committee for the Disabled (the "Mayor's Committee") and endorsing the recommendation of the Committee that it be restructured and reorganized as a valley-wide committee under the auspices of Blue Ridge Independent Living Center, a private, non-profit community agency. WHEREAS, the Honorable Roy L.Webber, Mayor of the City of Roanoke, created the Mayor's Committee, then known as the Mayor's Committee on Employment of the Handicapped, in 1969 to bring people with disabilities together with prospective employers to address the issue of high unemployment among individuals with disabilities; WHEREAS, the Mayor's Committee has provided various forums for over forty (40) years through which individuals with disabilities have been able to interact with various advocates for the improvement of employment opportunities among individuals with disabilities; WHEREAS, the Mayor's Committee has provided these forums and activities through the dedicated commitment of volunteers; WHEREAS, the Mayor's Committee has assessed its role in the community as issues involving individuals with disabilities have evolved with the enactment and implementation of the Americans with Disabilities Act and the creation of various agencies to assist individuals with disabilities to become more independent and to empower individuals with disabilities with skills to advocate on behalf of individuals with disabilities; K:VNeasuresNdayor's Committee For People With Disabiiues Disband 122012.Doc WHEREAS, the Mayor's Committee recommends that the Committee be restructured and reorganized as a private, valley-wide committee under the guidance and direction of Blue Ridge Independent Living Center rather than as a committee created by the Mayor of the City of Roanoke; WHEREAS, the Mayor's Committee for People with Disabilities has presented its recommendation to the Mayor and a copy of the recommendation is attached to this Resolution; WHEREAS, the Honorable David A. Bowers, Mayor of the City of Roanoke, has advised the Council that based on the recommendation of the Mayor's Committee, he will discontinue the Mayor's Committee effective January I, 2013; and WHEREAS, Council wishes to thank the Mayor's Committee for People with Disabilities for its years of service and commitment to individuals with disabilities and to endorse the recommendation of the Committee that it be restructured and reorganized as a private, valley- wide committee under the auspices of Blue Ridge Independent Living Center. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council expresses its appreciation and gratitude to the Mayor's Committee and its members for their commitment and dedication to individuals with disabilities by developing activities and programs which seek to improve employment opportunities for individuals with disabilities. 2. Council endorses the recommendation of the Mayor's Committee that it be restructured and reorganized as a private, valley-wide committee under the auspices of Blue Ridge Independent Living Center. K.AMeasureMMayor's Committee For People With Dlsablitles Disband I22012,Doc 3. Council directs the City Clerk to provide a certified copy of this Resolution to each member of the Mayor's Committee and to the Director of the Blue Ridge Independent Living Center. ATTEST: �M ft' 1 r 1 1,Drpn) City Clerk. K\Measures\Mayor's Committee For People With Disabiities Disband 12 2012.Doc (;, l CITY OF ROANOKE o ' l CITY COUNCIL .qli" r— 215 Church A c re,S.W.•� i Noel C.Taylor Municipal Building,Suite 456 Roanoke.Virginia 24011-1536 Telephone. (540)853-2541 DAVID A.BOWERS Fax: (540)R53-1145 Council Members Mayor William D. Bestpitch Raphael E.'Ray Ferris Sherman P. Lea Anita J. Price Court O.Rosen David B.Trinkle December 17, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request a Closed Meeting to discuss the mid-year performance of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Sherman P. Lea, Vice-Chair City Council Personnel Committee SPL:ctw fl>t Qn.lt.. 'I` s-a''? CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 17, 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 the former YMCA, located at 425 Church Avenue, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-371 1 .A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers •: CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 17, 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 §2.2-3711 .A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers MINUTES Audit Committee of Roanoke City Council Location: Council Conference Room Noel C. Taylor Municipal Building, Room 451 South Date: December 5, 2012 Time: 4:02 p.m. to 4:50 p.m. Attendees: Court Rosen, Audit Committee Chair Ray Ferris, Audit Committee Member Mayor David Bowers, Ex-Officio Member of the Audit Committee Drew Harmon, Municipal Auditor Dawn Hope Mullins, Assistant Municipal Auditor Pam Mosdell, Information Systems Auditor Ann Shawver, Director of Finance Chris Morrill, City Manager Don Caldwell, Commonwealth's Attorney Evelyn Powers, City Treasurer Sherman Stovall, Assistant City Manager— Operations 1. Call to Order: Mr. Rosen called the meeting to order at 4:02 pm. 2. Sheriff's Canteen and Auxiliary Funds: Mr. Harmon summarized the audit report for the Committee. The auditors concluded that, during Fiscal Year 2012, Canteen and Inmate Trust Funds were properly administered by jail personnel in compliance with applicable laws and regulations. Mr. Rosen recalled issues with the jail in past years. Mr. Harmon confirmed that there had been an issue with medical services provided through a contractor. The contract was being rebid at the time of the audit and a new medical provider was hired as a result. Mayor Bowers asked about the $1.9 million spent on contracted medical services and how this compared to in-sourced medical care costs. Mr. Stovall responded that a number of factors were considered when medical services were originally out-sourced many years ago, including the increasing complexity of providing care and medicines. The Committee went on to discuss concerns with the City having to care for "State-Responsible" prisoners for extended periods of time after they've been convicted. The State per diems do not cover the average daily costs for a prisoner. City Audit Committee Minutes — December 5, 2012 Page 2 of 5 Mr. Morrill suggested comparing the City Jail's costs for medical services to the Regional Jail's costs. Mr. Stovall will review the medical services costs and follow up with the Mayor and others as appropriate. The report was received and filed without objection. 3. Roanoke River Flood Reduction: Mr. Harmon provided an overview of the project to the Committee, noting that it began in 1990 and was completed in 2012. The total value of the project was approximately $63 million and was entered onto the City's balance sheet for the fiscal year ending June 30, 2012. Municipal Auditing worked with KPMG to verify that the project was properly valued in the statements. Mr. Harmon noted that the agreement between the City and the U.S. Army Corps of Engineers requires the City maintain flood reduction infrastructure to the Corp's specifications. As a result, this infrastructure will not be depredated in the financial statements and will instead be maintained in its current condition through annual operating expenditures. Mayor Bowers recalled there was a dispute with the Corps of Engineers in 2008 related to project expenditures and asked if this was resolved. Mr. Stovall stated that the City has completed a cost reconciliation and anticipates receiving a final reimbursement from the Corps of approximately $500,000 later this month. Administration will review the City's capital needs and bring a recommendation to City Council for appropriation of these funds. The memo was received and filed without objection. 4. Audit Findings Follow-Up: The Lawson HR/ Payroll system was installed and went live in April 2010. The original audit of the system was reported on December 1, 2011. A follow-up report was issued in March 2012, verifying that the management actions due to be completed by that time had been implemented. The September 19, 2012, follow-up memo addressed the remaining actions due to be implemented. As noted in the report, management has successfully completed all action plans agreed upon during the audit. There were no questions. The memo was received and filed without objection. 5. Roanoke Civic Center- Financial Audit: The City's agreement with Global Spectrum to manage the Civic Center requires that an independent audit firm be engaged to audit financial reports specifically related to the Roanoke facility. The independent audit firm, Cherry, Bekaert & Holland, provided an unqualified [clean] opinion for the year ended June 30, 2012. No control weaknesses were noted. City Audit Committee Minutes—December 5, 2012 Page 3 of 5 The Committee discussed the terms of the contract with Global Spectrum, which expires in December 2013 and does not provide for extensions. Mr. Morrill stated that he hopes to issue a Request for Proposals related to Civic Center management during the summer of 2013. The report was received and filed without objection. 6. GRTC— Financial Audit: An independent audit firm, KPMG, presented the audited financial statements for the Greater Roanoke Transit Company [GRTC] to the GRTC Board of Directors on November 19, 2012. KPMG issued an unqualified opinion and there were no control weaknesses noted. Mr. Harmon pointed out that the statements included an opinion on internal controls over financial reporting and compliance with laws and regulations. There were no deficiencies in internal controls or non-compliance matters identified by KPMG. The Committee discussed the ongoing dialogue between GRTC and the Federal Transit Administration [FTA] related to the FTA'a demand letter for repayment of approximately $800,000 in federal funds. Certain 2009 and 2010 expenditures associated with employee health insurance and fuel purchases were designated as "questioned costs", as GRTC was not in compliance with all procurement requirements at that time. The FTA has asked for repayment of the funds associated with these purchases. First Transit has hired independent counsel specializing in this area and is vigorously appealing to the FTA that the demand is neither appropriate nor reasonable. The FTA has not yet responded to First Transit's appeal and has given no indication as to what its final decision will be. Should a repayment be required, it will be an obligation of First Transit. Mr. Stovall noted there are performance bonds in place which would mitigate the risk of First Transit walking away from the contract without fulfilling its obligations to repay the FTA. The report was received and filed without objection. 7. GRTC — SVTMC Retirement Trust Audit: The Southwestern Virginia Transit Management Company [SVTMC] Retirement Trust is audited by Municipal Auditing bi-annually. The audit report for Calendar Year 2011 activity was presented to the GRTC Board of Directors on November 19, 2012. Mr. Harmon provided a copy to the City Audit Committee for informational purposes. As of December 31, 2011, a little over$2.2 million was invested with the Trust . No concerns with the administration of the Trust funds or records were noted. There were no questions from the Committee. The report was received and filed without objection. City Audit Committee Minutes— December 5, 2012 Page 4 of 5 8. Quarterly Audit Plan Update: Mr. Harmon reviewed the quarterly audit plan for December 5, 2012, updating the Committee on the status of open assignments and engagements planned through June 2013. Mr. Harmon noted that the Fraud, Waste & Abuse Hotline Update provided to the Committee each quarter will communicate the results of individual investigations as each is completed. The majority of open investigations should be concluded this quarter. The Committee discussed the financial condition report project, the proposed timing of a Civic Center audit in the summer, and the desire to continue the audit relationship with the School Division. The Committee did not suggest any changes to the audit plan at this time. The report was received and filed without objection. 9. Hotline Update: Mr. Harmon noted that this quarters update was published as of November 26, 2012, and that an additional hotline report has since been received. A total of 12 reports have been received since April 2012. Mr. Ferris asked what"Internal Entry" denoted. Mr. Harmon explained that it identifies reports Auditing staff has entered into the system based on concerns received by mail, call or walk-in to the office. In this way, the hotline system provides a complete record of all reports of potential fraud, waste and abuse communicated to Muncipal Auditing. Mayor Bowers asked what "Don't Know/ Don't Wish to Disclose" denotes. Mr. Harmon explained that reporters to the hotline are asked about management's awareness of or involvement with the issue being reported. This field is offered as an optional answer to that question. The report was received and filed without objection. 10. APA Report on Commonwealth Collections: The Virginia Auditor of Public Accounts [APA] annually audits certain functions of local Constitutional offices. The June 30, 2012, report included a finding related to the bank account used to administer the Commonwealth Attorney's asset forfeiture funds. Mr. Caldwell maintains that the bank account is compliant with Virginia code and regulations as it currently exists, however; he is not opposed to having the bank account placed under the City Treasurer's authority. He and Ms. Powers are currently working with the banks to accomplish this change. The APA also cited a finding related to $315 expended from the Commonwealth Attorney's in- house collections program on a desk organizer for the Clerk's office. Mr. Caldwell briefed the City Audit Committee Minutes— December 5, 2012 Page 5 of 5 Committee on the City's Cost Collection Program and the use of the funds in question. He continues to feel that the expenditure was appropriate. The report was received and filed without objection. 11. Other Business: Mr. Harmon reminded everyone that the Audit Committee is scheduled to meet again on December 17`" at 1:00 PM to receive KPMG's report on the audit of the City's Comprehensive Annual Financial Report [CAFR] for the year ending June 30, 2012. 12. Adjournment: The meeting was adjourned at 4:50 p.m. Drew Harmon, CPA, CIA Municipal Auditor Audit Committee Secretary 0 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: clerk®roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 18, 2012 Tim Steller Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia Dear Mr. Steller: Your communication recommending concurrence in the reappointment of Daniel E. Karnes as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors for a third term commencing January 1, 2013 and ending December 31, 2015, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 17, 2012. On motion, duly seconded and adopted, Council concurred in the reappointment of Mr. Karnes as above referenced. The Members of Roanoke City Council extend their appreciation to Mr. Karnes for his willingness to continue to serve as a member of the. Blue Ridge Behavioral Healthcare Board of Directors. Sincerely,Stephanie M. Moon, MM City Clerk pc: Daniel E. Karnes, 3422 Windsor Road, S. W., Roanoke, Virginia 24018 Deborah C. Jacks, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 -0798 Tim Steller December 18, 2012 Page 2 Pc: Krystal Coleman, Deputy Clerk of Council, Salem City Council, P. 0. Box 869, Salem, Virginia 24153 Susan Johnson, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090 Richard C. Flora, County Administrator, Craig County, P. 0. Box 308, New Castle, Virginia 24127 _ e Blue Ridge Daniel E. Karnes Chairman Brune L. rinse Sec Vice Chairman Behavioral Dana Barnes Lee Treasurer Paula L Prince Secretary Healthcare Executive arector Tim Steller November 30, 2012 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Avenue, SW, Room 364 Roanoke, VA 24011 Dear Mr. Morrill: According to our records, the second term of Mr. Daniel E. Karnes as an at-large representative on the Blue Ridge Behavioral Healthcare Board of Directors will expire on December 31, 2012. According to Title 37.2 of the Code of Virginia, the Board nominates at-large representatives, and the participating governing bodies ratify those appointments. At its meeting on November 29, 2012, our Board voted unanimously to reappoint Mr. Karnes to a third term, for which he is eligible. The incumbent has a long and impressive record of public service, and is highly regarded among his fellow board members. He currently is completing his second term as Board Chairman. We respectfully request that Roanoke City Council ratify the reappointment of Dan Karnes for his third and final term, to run from January 1, 2013 through December 31, 2015. Our request is being sent concurrently to administrators in all four of the CSB's other member local governing bodies for their ratification as well. S' ce ly Tim Steller Executive Director C: The Honorable David A. Bowers, Mayor vSlephanie M. Moon, CMC, City Clerk Dan Karnes Executive Offices 301 Elm Avenue SW Roanoke,Virginia 24016-4001 (540)345-9841 Fax(540) 345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetou rt,Craig and Roanoke CITY OF ROANOKE p _ OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 `. < .c Roanoke,Virginia 24011-1536 - 1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gav JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 18, 2012 Rebecca J. Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: This is to advise you that James E. Smith has qualified as a member of the City Planning Commission commencing January 1, 2013 and ending December 31, 2016. Sincerely, A — m. ihtint, Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James E. 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 member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016, according to the best of my ability. So help me God. Jame' s E. Smith The foregoing oath of office was 'taken, sworn to, and subscribed before me by James E. Smith this J day ofx 1 A Z 012. Brenda S. Hamilton, Clerk of the Circuit Court 'IN TI IF COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA A RESOLUTION repealing Resolution No. 16631 adopted September 7, 1965, which established Mill Mountain Development Committee, now known as Mill Mountain Advisory Committee (the "Committee") and thereby dissolving the Committee, and expressing the appreciation of the Council for the commitment, dedication, and efforts of the Committee and its members. WHEREAS, the Council adopted Resolution No. 16631 on September 7, 1965, to create a committee to be known as Mill Mountain Development Committee and the committee was charged with the duty "to advise, assist, and make recommendations to the Council in the development of the City's Mill Mountain Park," and the Council appointed members of the Committee; WHEREAS, the Council adopted Resolution No. 23074 on July 6, 1976 to continue certain ad hoc committees, including the Mill Mountain Development Committee and abolish all other ad hoc committees created by the Council which were not specifically continued by Resolution No. 23074; WHEREAS, the Council, by motion on March 17, 1997, approved (a) the Vision Statement and Mission Statement presented to the Council by the Committee, and (b) the change in the name of the Committee to Mill Mountain Advisory Committee; WHEREAS, the Committee adopted bylaws effective as of May 28, 2009, which govern the Committee; WHEREAS, the Committee recommended to the Council in May 2009, that the Committee be made a permanent committee of the Council and the Council took no action on this recommendation; WHEREAS, a substantial portion of Mill Mountain Park is now subject to a Conservation Easement; K Measures Mill Mountain Advisory Committee Abolishing 12 2012DocLeisha Cook WHEREAS, pursuant to Section 2.280 of the Code of the City of Roanoke, the Council has the authority to establish ad hoc committees from time to time; WHEREAS, the individuals who have served on the Committee have provided a valuable service to the Council and the citizens of the City of Roanoke; WHEREAS, the Council finds that the duties assigned to the Committee have been fulfilled; and WHEREAS.the Council has received no proposals for any development of Mill Mountain Park. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council hereby repeals Resolution No. 16631, adopted September 7, 1965, which created the Committee and hereby dissolves the Committee. 2. Council recognizes the contributions made by the Committee and its members to Council and the citizens of the City of Roanoke and expresses the appreciation and gratitude for their service, commitment and dedication to Mill Mountain Park. 3. The City Clerk is directed to forward an attested copy of this Resolution to the members of the Committee. ATTEST: City Clerk. K'.\Measures\Mill Mountain Advisory Committee Abolishing 12 2012.DocLeisha Cook CITY OF ROANOKE no . ` (I CITY COUNCIL r� 215 Church Avenue,S W. y A'-i Noel C.Taylor Municipal Building,Suite 456 +x Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D.Bestpitch Raphael E."Ray"Perris Sherman P.Lea Anita,I. Price Court G. Rosen David B.Trinkle December 17, 2012 Mayor Bowers and Members Roanoke City Council Re: Mill Mountain Advisory Committee Dear Mayor Bowers and fellow members of City Council: I request that the Mill Mountain Advisory Committee be placed on our December 17, 2012 agenda for discussion and action. I respectfully submit that City Council records clearly reflect that the Mill Mountain Advisory Committee is an ad hoc committee, as formally recognized by the Council in Resolution 23074 adopted on July 6, 1976. When asked for an opinion about the distinction between "ad hoc" committees and permanent entities, then City Attorney Wilbum Dibling, Jr., by letter dated October 28, 1983 advised the City Clerk that "ad hoc entities are special entities which go out of existence as soon as they have completed a specified task." Roanoke Municipal Code Section 2-280 provides "the council may also, from time to time, establish ad hoc committees to serve specific purposes" and Section 2-285 mandates that "ad hoc committees and commissions appointed by council shall make periodic reports to the council as to the progress of their assigned duties and responsibilities." The history of the committee is relevant for our discussion, so please indulge me as I share some research with you. The Mill Mountain Development Committee was created in 1965. Through the years, the committee brought to council numerous recommendations for "development," including, but not limited to, a new access road, moving the star to accommodate a hotel and restaurant, improvements to the zoo, improvements to and restoration of Rockledge Inn, clearing a suitable area for use as a ski slope, replacement of Frump-Frump the elephant, construction of quarters to house a hippopotamus, construction of a state science museum, construction of an aerial tram or gondola from downtown, a D-Day Memorial and construction of a new incline (1968 — 1997). It would appear from the city council meeting minutes from this period that these development concepts were brought to council by the Mill Mountain Development Committee. On March 17, 1997, the Mill Mountain Development Committee presented a report and its Vision and Mission Statements to City Council, along with a request that its name be changed to The Mill Mountain Advisory Committee. The Council approved the requests. In 1998 the Mill Mountain Advisory Committee recommended that Council establish a policy with respect to illumination of the star and in 2003 the committee worked with Parks and Recreation on the development of the Master Plan. In 2004 the committee started discussing placing Mill Mountain in a conservation easement. A proposal to build a modern day version of Rockledge Inn by a group that called themselves "Valley Forward" was discussed and presented to the committee in the 2007— 2008 time frame, and the proposal was rejected by the committee. No proposal was ever formally presented to City Council. The committee adopted by-laws and requested that City Council make it a permanent committee in 2009. Council took no action on the request. On June 21, 2010, The Mill Mountain Advisory Committee endorsed the "Blue Line Easement," which was the description of the conservation easement that won approval of City Council that same date. Having granted the vast majority of Mill Mountain Park to the Western Virginia Land Trust in 2010, the area available to the City for development on Mill Mountain is extremely limited. In fact, there have been no proposals for development on Mill Mountain since the Valley Forward effort in 2008. Almost five years have gone by without the first hint of a proposed intrusion on Mill Mountain. I respectfully maintain that the purpose of the Mill Mountain Advisory Committee has been fulfilled. As an ad hoc committee, it ceased to exist when there were no development proposals pending for it to consider. At this time there are no pending projects and none on the horizon, that require action on the part of the committee, and no assignment of responsibility has been made by City Council. Further, should such a development proposal be made or sought at some point in the future, it would be appropriate at that juncture to appoint another ad hoc committee, comprised of citizens from all quadrants of the city, and which necessarily should include a member of the Fishbum Family and others closely associated with Mill Mountain, to consider and make such recommendations as the Council deems appropriate. The contributions of those who serve and have served on the Mill Mountain Advisory Committee deserve our heartfelt thanks for their hard work and deep commitment to the preservation of Mill Mountain. They have contributed countless hours to improve and maintain a valuable resource that we all enjoy. In no way should this proposal be viewed as a lack of appreciation for all that they have contributed to the mountain and our valley. They are undoubtedly interested and caring citizens who should be encouraged to continue working for the good of Mill Mountain, which, I suggest, can be accomplished through the formation of a private advocacy group dedicated to preserving the environmental and aesthetic integrity of the mountain. I look forward to our discussion on this matter. Yours Truly, 41 Raphael Ferris Council Member REF/lsc c: Christopher Morrill, City Manager Daniel J. Callaghan, City Attorney Stephanie Moon, City Clerk ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 17, 2012 3. HEARING OF CITIZENS UPON PUBLIC MATTERS Statement of Rupert Cutler 204 S. Jefferson Street, Suite 4, Roanoke 24011 regarding Agenda Item 6.a. "A communication from Council Member Ferris recommending that Council adopt a resolution to dissolve the Mill Mountain Advisory Committee" Mayor, Members of Council, thank you for your attention. Before I speak to the main purpose of my appearance here this afternoon, I want to thank you for adopting a legislative program of recommendations to the Virginia General Assembly that includes urging a permanent ban on uranium mining in Virginia. There is no more important public safety issue before our state legislature than the life-threatening proposal to mine and mill radioactive uranium 40 mines from Roanoke. Now, I am here to reinforce Betty Field's statement on the Mill Mountain Advisory Committee, as well as to speak my own piece. We both request is that you perpetuate and encourage, and not dissolve, the Mill Mountain Advisory Committee. For 15 years, from 1991 until 2006 when we moved downtown, my wife Gladys and I lived at 2865 South Jefferson Street. That's one house away from Fern Park where a trail begins up Mill Mountain. Every morning, for 15 years, we would see Betty Field, who lives at 2802 Jefferson, hike past our place on her way up Mill Mountain and later see her on her way home. Greater love of place has no one than Betty Field has for Mill Mountain. Betty is one of several long-term members of the Mill Mountain Advisory Committee who have devoted many hours of volunteer time over many years to attending committee meetings, advising City staff, and helping maintain the park and its gardens and grounds at practically no cost to the City. Mill Mountain is our scenic icon. It is at the heart of Roanoke's logo design. That's why Council donated a conservation easement on it to the Virginia Outdoors Foundation—to protect its natural beauty from adverse development in perpetuity. For four years, from 2002 until 2006, when I did not run for re-election, I was an elected member of Roanoke City Council and this Council's official liaison to the Mill Mountain Advisory Committee. I participated in all of its meetings at the Discovery Center until the liaison role was ended. When Council decided to discontinue the liaison function, it applied with respect to all of the City's commissions, boards, and committees, so the absence of a Council member at recent meetings of the Mill Mountain Advisory Committee is not unique to this committee. If the liaison role had been continued, whichever one of you was liaison to this committee would be able to speak from recent first-hand experience as to the dedication and value of the committee members' service. Committee meetings serve as a continuing opportunity for representatives of the Mill Mountain Zoo, the Mill Mountain Garden Club, neighboring homeowners, and representatives of conservation and trail clubs to meet with City parks and recreation department staff members, including Discovery Center naturalists, to share information on plans and concerns for the benefit of all. This assures that no important park user group or interest is blind-sided by a project of one of these entities and that plans of the City parks staff have the support of park user groups—an ideal kind of continuing communication for an important City asset. Just as the City's neighborhood associations serve to provide eyes and ears for the City regarding emerging problems and opportunities, the Mill Mountain Advisory Committee offers at practically no cost to the City a loving "neighborhood watch"function for our most visible City park. The Mill Mountain Advisory Committee has been effectively "standing" watch for many years. In my opinion, it deserves a pat on the back for its watchdog and leadership roles, and not"dissolved." Thank you. Mayor Bowers, Vice-Mayor Rosen, members of Roanoke City Council: My name is Richard Clark. I am a long-time city resident and a long- serving member of the Mill Mountain Advisory Committee. And, beyond all of that, I am a huge fan of Mill Mountain. I would like to address Councilman Ferris' letter to City Council dated, today, December 17. The thrust of his letter is that, since the last mountaintop development issue was years ago and41;44o`new ones are likely to appear on the horizon, the committee has outlived its usefulness. If this were still the Mill Mountain Development Committee, his argument might have some validity. However, fifteen years ago, this committee became the Mill Mountain Advisory Committee with a much broader mission. Certainly, mountaintop development falls within its purview but, much more generally, the committee exists to deal with any issue or project that concerns Mill Mountain. This most definitely includes the lower slopes of the mountain which are included in the conservation easement — contrary to what Mr. Ferris seems to imply in his letter. Essentially, committee members serve as stewards of the mountain and as a clearinghouse for ideas. Another apparent misconception is that the committee just sits around, waiting for an initiative to come from City Council. This could not be further from the truth. In fact, many of the committee's projects have been internally generated. These include the completed restoration of the historic Toll Gate and repairs to the wall along Prospect Road — currently under discussion. Others, such as the picnic shelter and the children's play area, were proposed by Parks & Recreation. And still others have come from "outside sources". An excellent example of this is the critically important Mill Mountain conservation easement. This was first proposed to the committee by Rupert Cutler — some time before Dr. Cutler became a member of City Council. And on a personal note,just the other day, an acquaintance of mine made an excellent suggestion, which had not occurred to me, about a way to improve one of the Mill Mountain trails. The point is that by meeting regularly, the committee can stay abreast of issues affecting the mountain and work on projects that will help to make it just a little better. As the name implies, the committee is simply advisory; it has absolutely no power of its own. It can only make suggestions —which must then be approved by City Council, the department of Parks & Recreation or some other authoritative group. But, over the years, I am happy to say, almost all of the Advisory Committee's ideas have been approved. Before wrapping things up, I would like to briefly address a technicality. According to Mr. Ferris' letter, the committee petitioned City Council to become a standing committee. This is completely backwards. What happened is that City Council requested the committee to come up with a set of by-laws as a prelude to becoming a standing committee. The committee, of course, complied, but City Council never voted to upgrade it to a standing committee. I, for one, would be very interested in knowing the reason for this omission. In closing, I must say that I find it very difficult to understand why any member of City Council would want to dismiss a group of people who are voluntarily looking out for one of Roanoke's greatest assets — particularly when they are not costing the city a dime. And, yes, I have heard the argument that the committee is imposing a burden on Steve Buschor's time. But let's put things in perspective. The Mill Mountain Advisory Committee meets five times a year for approximately one hour per session. Even factoring in travel time for Mr. Buschor, we are still looking at no more than one work day a year. If the head of the city Parks & Recreation department should not be spending at least this much time discussing Mill Mountain issues, then I submit to you that there is something wrong with his job description. Thank you. Comments provided to Roanoke City Council, December 17, 2012 Gail Burruss, 2519 Creston Ave., SW, Roanoke, VA 24015 The question has been raised: "why does Mill Mountain have an Advisory Committee and no other city park has one?" One answer is that Mill Mountain Park is the only city park with a management plan, a 2006 amendment to the Roanoke Comprehensive Plan 2001-2020. This management plan calls for "the enumeration of strategies needed to accomplish a clear vision for the park". I suggest to you that it is time to formalize the MMAC as a standing committee. If a committee has functioned in an ad hoc role for 47 years, it really is a de facto standing committee. Forwarding the vision contained in the Mill Mountain Management Plan can best and most efficiently be accomplished through a committee charged with what the management plan calls for—continually re- visiting and articulating the vision for the park, and then formulating the strategies to realize that vision. Strategies must be continually updated, revised, and prioritized. Just a few of the strategies recommended in the Management Plan, which should be vetted and prioritized by an empowered MMAC with a full complement of members, include these: • A fire management plan • A forest health maintenance plan • Wildlife data collection • Minimizing erosion • Native plantings, perhaps on the entire summit • Deer exclosure area to protect an area of native plants. As we move closer to the time when a new comprehensive plan is developed to establish and guide our vision for another couple of decades, we will need to hear from a Mill Mountain Advisory Committee about how the current MM Management Plan should fit into a Comprehensive Plan. A standing committee of tenured, invested people who have been working on strategies to realize a vision for the park can provide input rooted in a depth of knowledge about the mountain park. A second reason may be found on your city webpage, under Parks and Recreation, where it refers to Mill Mountain as a regional park, and "perhaps, the most recognized park in the city. Mill Mountain Park isn't just another city park. It's the crown jewel, and we should give it our best care and attention. One tool for doing so is a citizen committee of people who care, who being areas of expertise, and who are willing to work on the strategies outlined in the MM Management Plan. A third reason has to do with the language used by Mr. Fishburn in deeding this land to the city, "to be developed and forever preserved, improved and maintained for the use and pleasure of the people of the City of Roanoke and vicinity as a public park". What a wonderful gift, what a lofty vision his words present, but how are they to be interpreted? In the 35 or so years I've lived in Roanoke City, I've learned that certain things stir the passions of our people, and Mill Mountain is one of those things. For some of us, it stirs our passion to preserve it as a natural environment. For others, it's prime real estate. Every 20 years or so, for over a century, a proposal has come forth for some development proposal of this city park. A conservation easement on the lower 550 acres will not prohibit future proposals. Just because there hasn't been one in five years doesn't mean that there's not one in the works. There will be another. Can you imagine the shenanigans to maneuver for appointments to an ad hoc committee when future proposals are put forth? It would be a kindness to those members of this Council, who are serving when such a proposal comes forth, not to be in the no-win situation of having to appoint an ad hoc committee. It seems that an efficient manner of addressing constituent's concerns, opinions, needs, and to address recommendations in management plans, is to utilize committees. Otherwise, citizens must bring these things directly to City Council, rendering you a default MMAC. Already, discussion about the MMAC in Council meetings has probably consumed more cost in city staff time than an entire year of MMAC meetings. It's certainly possible for citizens to bring issues of concern directly to you, if you want the costly inefficiency that entails. Eliminating it as a standing committee will have that effect. You may propose that such concerns could be heard through the Parks and Rec department, but the agenda of that department is so vast that I'm not convinced that the kinds of issues needing to be addressed by the MMAC would get due attention in the most prompt manner. I ask that you vote against the proposal to abolish the MMAC, and instead, to formalize it as a standing committee, appoint citizens to the 4 vacant seats, and charge them with formulating recommendations about moving ahead with the strategies in the Mill Mountain Management Plan. pi IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39551-121712. A RESOLUTION amending Paragraph 5 of the Percent-for-Art Program Guidelines; and authorizing the City Manager to take such further action and/or execute such additional documents as may be needed to implement such Amendment and to administer and enforce such amended Guidelines. WHEREAS, on October 3, 2002, the City Council adopted by Resolution No. 36076- 100302 new guidelines for the Percent-for-Art Program; and WHEREAS, the Roanoke Arts Commission has requested City Council to amend the 2002 Guidelines as set forth in the City Council Agenda Report dated December 17, 2012. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2002 Percent-for-Art Program Guidelines are hereby amended by deleting Paragraph 5 of such Guidelines and replacing it with the following Paragraph 5: 5. The Plan, and updates thereto, will be presented to City Council by the City Manager and the Commission by August 31 of each year for review and approval, as well as Council approval and/or appropriation of funding as needed. Such Amendment to Paragraph 5, as further shown in the redlined Guidelines attached to the City Council Agenda Report dated December 17, 2012, and the other redlined changes noted therein are hereby approved by Council as of the date of this Resolution. 2. The City Manager is authorized to take such further action and/or execute such additional documents, approved as to form by the City Attorney, as may be needed to implement such Amendment to the Guidelines and to administer and enforce such amended Guidelines. The Percent-for-Art Program Guidelines, as amended above, shall remain in full force and effect. ATTEST: City Clerk. Percent for Art.doc �J R4l1{ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 17, 2012 Subject Amendment to Percent-for-Art Guidelines Background: At its regular meeting on October 3, 2002, City Council adopted by Resolution No. 36076-100302 new guidelines for the Percent-for-Art Program. The Percent-for-Art Program was originally established in 1996. Considerations: At its meeting on November 20, 2012, the Roanoke Arts Commission voted unanimously to ask City Council to amend the 2002 Guidelines to change the date for bringing the annual Public Art Work Plan before Council from December 31 each year to August 31 each year as shown in the redline changes to paragraph 5 of the Guidelines attached to this Report. The reason for the requested change is to better align the development and implementation of the proposed work plan with the fiscal year budget process. This change will provide for the content and scope of the proposed Public Art Work Plan to be developed in alignment with funds anticipated to be available with the adoption of the fiscal year budget which is adopted annually by City Council in May and goes into effect July 1 of each year. Recommended Action: Amend paragraph 5 of the current Percent-for-Art Program Guidelines as set forth above and authorize the City Manager to take such further action and/or execute such additional documents, approved as to form by the City Attorney, as may be needed to implement such Amendment and to administer and enforce such Amended Guidelines. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Susan Jennings, Arts and Culture Coordinator City of Roanoke - {Formatted:Centered Percent-for-Art Program Guidelines October 3,2002 Amended on December 17,2012,as to Paragraph 5. _. --{Formatted:Font:Bob,Underline Mission The mission of the Percent-for-Art Program(the'Program")is to provide a consistent method for funding works of public all to: • Enhance the quality or life for Roanoke's citPO6; • Create a heightened sense of place and community identity: • enliven die visual quality of public space:and • Stimulate Roanoke's vitality and economy. Such public an shall be physically accessible to the public and be created with the involvement of the community_ Program Guidelines I. City staff will develop an annual budget for the Program by identifying an amount equivalent to one percent of the co eduction cost for each new project in the CIF.subject to exclusions and limits noted herein. The amount identified will be used as a basis for implementation of the comprehensive plan tithe "Plan")for enhancing public an. No more than$100,000 per eligible project may he allocated through the one percent ca lculadon. 2. Projects eligible for inclusion in the Program include new construction or major renovation of public buildings I including schools).decorative or commemorative structures.parks and recreation facilities,and parking facilities Generally,the Program is tot intended to apply to street and sidewalk construction or utility installations. 3 Ike Roanoke Arts Commission(the-Commission')will develop a comprehensive plan for enhancing public an,which will be implemented as funding is made available through the Program by City Councit The Plan is not restricted to providing public art for the capital improvement projects upon which the Program budget is based.but it can include public art to enhance the aesthetic quality ofa specific capital improvement project. 4. Public art such as sculpture and paintings are eligible for inclusion in this Plan Other aesthetic enhancements such as fountains,landscaping,textured walls,mosaics tiled colons,patterned pavement, grillwork,and other ornamentation are equally appropriate design considerations. 5. the Plan,and updates thereto,will be presented to City Council by the City Manager and the Commission by December 317AU ust 31 of each focal year lir review and approval,as well as Council approval and or approlv'iation of neeeernr lundin . 6. Acquisition of any public art will occur as pan of the City's normal procurement p'xcss from funds appropriated by City Council_ The Commission maintaining is advisory role to Council.will facilitate selection and placement of art in the city. I lowever,City Council will have final approval authority for the procurement and desiy of any public an,with the exception that the Sclaxil Board will have the opportunity to participate in the selection of an for public schools and will ovmec placement of the art in public school buildings. [ND OF GUIDFl,INF\ {Formatted:Font'.to IX,Underline -{Formatted:Centered .r Formatted:Font:10 pt,Bold,Underline tt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39552-121712. A RESOLUTION authorizing the City Manager to amend the 2010-2015 Consolidated Plan, regarding Community Development Block Grant (CDBG) funding, and to submit and execute necessary documents to the U.S. Department of Housing and Urban Development(HUD). BE IT RESOLVED by the Council of the City of Roanoke that the amendments to the 2010- 2015 Consolidated Plan, as more particularly set forth in the City Manager's letter dated December 17, 2012,to this Council, are approved, and the City Manager is hereby authorized to execute and submit to HUD any Grant Agreements,Funding Approved and all necessary documents approved as to form and execution by the City Attorney in connection with such amendments,such authorization subject to there being no compelling objections received prior to the end of the public comment period. ATTEST: . ems City Clerk. K\Talevi\M ensures\Res-Amend no.2 to 2010-2015 Consolidated PIm(2).doo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39553-121712. AN ORDINANCE reallocating funding for the 2010-2015 HUD Consolidated Plan for the Community Development Block Grant (CDBG), 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 Neighborhood Infrastructure & Develop 35-G10-1037-5550 $ (3,490) Hurt Park Rebuilding Rehab - Project 35-G11-1119-5538 (42,218) Fair Housing Analysis of Impediments 35-G11-1121-5566 (20,884) TAP Bridge Year Owner Rehab - Project 35-G12-1219-5573 (9,930) TAP Bridge Year Owner Rehab - Delivery 35-G12-1219-5574 (41,155) RRHA Loan Portfolio & Property Mgt 35-G12-1221-5584 (25,000) Unprogrammed CDBG Funds 35-G13-1319-5184 (7,500) Residential Facade Pilot Project 35-G13-1319-5619 75,459 Chapman Avenue Rehab 35-G13-1319-5620 42,218 Blight Remediation 35-G13-1319-5622 7,500 RRHA Loan Portfolio & Property Mgt 35-G13-1321-5584 (5,000) RRHA Choice Neighborhood Match 35-G13-1321-5621 30,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. et tCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 17, 2012 Subject HUD 2010-2015 Consolidated Plan Amendment Background: The City of Roanoke's HUD Community Resources Office is proposing several amendments to the City's 2010-2015 Consolidated Plan for Community Development Block Grant (CDBG) funds received from the U.S. Department of Housing and Urban Development (HUD). The amendments result from reprogrammed funds from current and prior plan years for use in projects not originally included in 2012 Plan Year. The changes proposed include: 1 . Reallocate $42,218 in unspent CDBG funds from the 2010 Plan Year "Rebuilding Together Hurt Park Owner-Occupied Rehab Project" to the 2012 Plan Year "Rebuilding Together Roanoke 1609 Chapman Ave. Rehabilitation Project". These funds will provide for the renovation of a two-story structure recently donated to the organization from Wells Fargo Bank to be converted to a multi-family residence for families in need of permanent supportive housing in cooperation with area social services agencies. 2. Reallocate unspent funds from the 2010 Plan Year "Neighborhood Infrastructure Improvements" project, the 2011 Plan Year "Fair Housing Analysis of Impediments Study" and a cancelled TAP Bridge Year housing rehabilitation project totaling $75,459 to the "West End Residential Facade Pilot Project" in the 2012 Plan Year. 3. Reprogram $30,000 from 2011 and 2012 Plan Years "Loan Portfolio and Property Management" project to be used for match towards a $200,000 Choice Neighborhoods Planning Grant received by the Roanoke Redevelopment and Housing Authority in the 2012 Plan Year. 4. Use of previously unprogrammed 2012 Plan Year funds in the amount of $7,500 to acquire a public easement at 712 Patterson Avenue, SW for elimination of slum and blighting conditions and future public art space in 2012 Plan Year. Considerations: Federal rules require provision of 30 calendar days for public comment on the amendments prior to implementation. A public notice was printed in the Roanoke Times on November 15, 2012. As of the date of this report, no comments have been received. Recommended Action: Approve an amendment to the 2010-2015 Consolidated Plan for the 2012 plan year and authorize the City Manager to execute the appropriate contracts and agreements, as approved to form by the City Attorney. Adopt the accompanying budget ordinance to reallocate unused 2011 and 2012 Plan Years CDBG funding in accordance with the amended 2010-2015 Consolidated Plan. Christopher P. Morrill City Manager c: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Keith Holland, Community Resources Program Administrator 2 2010-2015 Consolidated Plan Proposed Amendment No. 2 December 17, 2012 1 . Delete the TAP Bridge Year Owner Occupied Rehabilitation project from plan year 2011 and transfer remaining funds of $9,930.00 (Project) and 841 ,155.00 (Delivery) to partially fund Residential Facade Pilot Project - West End. The TAP Bridge Year 0/0 Rehab project was cancelled under mutual consent with bulk of committed funds reprogrammed to other activities for the 2012 plan year. 2. Transfer $20,883.74 of remaining funds from Fair Housing Analysis of Impediment Study from 2010 plan year to partially fund Residential Facade Pilot Project - West End. The study has been completed and fully paid and these remaining funds can be reprogrammed for different purpose. 3. Transfer $3,490.23 remaining from completed project from 2009 plan year, Neighborhood Infrastructure and Development to partially fund Residential Facade Pilot Project - West End. The original purpose of these funds has been completed and the remaining funds can be reprogrammed. 4. Add new project Residential Facade Pilot Project - West End in the amount of $75,458.97 in 2012 plan year. This project will provide matching funds under a 5-year forgivable loan to homeowners in a restricted test area within the larger West End Target Area as a pilot program administered by the city. 5. Transfer remaining funds of 842,217.74 from 2010 plan year, Hurt park Rebuilding Together Roanoke Limited Rehabilitation to fund rehabilitation work to 1609 Chapman Ave. Project. All work was completed in Hurt Park by RTR and remaining funds can be reprogrammed. 6. Add new project in 2012 plan year, 1609 Chapman Avenue Rehabilitation and fund at $42,217.74. This house was foreclosed upon by Wells Fargo and donated to RTR to convert to a two-family residence in conjunction with the Salvation Army for transitional housing for families in need. 7. Cancel and transfer 2011 plan year funds of 825,000.00 from RRHA Loan Portfolio & Property Maintenance to partially fund new match for a Choice Neighborhood Planning Grant received by RRHA for Loudon-Melrose/Shenandoah West. Transfer $5,000 from 2012 plan year project RRHA Loan Portfolio & Property Maintenance to partially fund this match as well. A contract has not been entered into between the city and RRHA for either year, so these funds are not currently in use. 8. Add new project for plan year 2012 RRHA Choice Neighborhood Planning Grant Match in the amount of $30.000.00. RRHA received a 8200,000.00 planning grant from HUD in October for the revitalization and transformation of the study area into a livable, sustainable mixed income area of the city. 9. Add new project for plan year 2012, Slum/Blight Remediation - 712 Patterson Ave in the amount of $7,500.00 to acquire a public easement on the property for future development for public art gateway for downtown and West End Target Area. Funds will be drawn from 88,679.00 currently unprogrammed CDBG funds in 2012 plan year. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39554-121712. AN ORDINANCE to appropriate funding from the Fleet Management Retained Earnings for the purchase of a bulk fluid and dispensing system, exhaust removal system, and an upgraded fueling system, amending and re-ordaining certain sections of the 2012- 2013 Fleet Management 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 certain sections of the 2012-2013 Fleet Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 17-440-2642-9015 $ 350,000 Fund Balance Retained Earnings 17-3348 ( 350,000 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: AES a.,...)1m. YY'aa..J City Clerk. �. • CITY COUNCIL AGENDA REPORT ,/ „..,..-0,- To: Honorable Mayor and Members of City Council Meeting: December 17, 2012 Subject Appropriation of Fleet Management Fund Retained Earnings for Capital Improvements Background: The Fleet Management Division has identified three priority capital improvement initiatives. The first initiative is to replace the current bulk fluid and dispensing system. The present system has tanks that leak and its metering system is not accurate. The newly installed system would provide overhead fluid dispensing for each technician bay increasing productivity and correcting environmental concerns. The cost to replace this system is $75,000. The second initiative is to install a vehicle/equipment exhaust removal system. The current system was installed when the facility was constructed in 1975. The present system is an underground system that is no longer functional and cannot be repaired. The cost to replace this system is $75,000. The third initiative is to replace/upgrade the current fueling system that was installed in 1 988. The current system is a stand-alone "DOS" application that is restricted to one PC within the division. The current hardware is not supported/replaceable and there are system failures that occur on a frequent basis. Vehicle fueling is a key business activity for the division. A new fueling system would allow for increased accountability, reporting, and reliability. The cost to replace the fueling system is $200,000. Considerations: The capital improvement initiatives outlined above will improve Fleet Management operations and result in improved productivity and efficiency. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding of $350,000 from Fleet Management Retained Earnings to Fleet Equipment - Maintenance (Account 017-440-2642-9015). Christopher P. Morrill City Manager Distribution: Council Appointed Officers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39555-121712. AN ORDINANCE authorizing the City Manager to execute the Roanoke Valley Regional Pound Agreement ("Agreement"), among the City of Roanoke, Town of Vinton, County of Roanoke, and County of Botetourt, to operate a regional animal shelter among all four(4)jurisdictions; authorizing the City Manager to execute any and all documents necessary to establish a regional animal shelter consistent with the terms and conditions of the Agreement; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute the Roanoke Valley Regional Pound Agreement, among the City of Roanoke, Town of Vinton, County of Roanoke, and County of Botetourt, to operate a regional animal shelter among all four (4) jurisdictions to be located on a portion of Roanoke Tax Map No. 3210401, known as 1340 Baldwin Avenue, Roanoke, Virginia, for a term commencing April 1, 2013, and ending June 30, 2023, and renewable each ten (10) year anniversary date on July 1 for an additional ten (10) year term, substantially in the form attached to the City Council Agenda Report dated December 17, 2012. 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the creation of the regional animal shelter consistent with this Agreement, and all such documents shall be approved as to form by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. TTES : ^t`, , 0-Roanoke Valley Regional Pound Agreement eof 11.0) A so CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 17, 2012 Subject: Roanoke Valley Regional Pound Agreement Background: Since 2001 , the City of Roanoke, Roanoke County, Botetourt County, and the Town of Vinton, in conjunction with the Roanoke Valley Society for the Prevention of Cruelty to Animals (SPCA), have operated the Roanoke Valley Regional Animal Control facility, located at 1340 Baldwin Avenue, N.E. In October, 2012, the four local governments determined that it was in their collective best interests to terminate the operational relationship with the SPCA, and to undertake direct operation of the Regional Pound facility. In order to facilitate the transition to such an operational model, the four jurisdictions have developed a proposed Roanoke Valley Regional Pound Agreement (Agreement) which will provide the framework for the roles and responsibilities of the four jurisdictions going forward. Considerations: The Agreement provides for an initial ten (10) year term commencing on April 1 , 2013 and terminating on June 30, 2023. The Agreement provides for one additional automatic ten (10) year extension. The Agreement provides for the apportionment of the ownership of the real property improvements located at 1 340 Baldwin Avenue among the four jurisdictions. The Agreement provides the formula for the sharing of operational costs of the Regional Pound based on current animal control utilization percentages by locality. Such formula for cost sharing would be updated annually based upon observed utilization including the number of dogs, cats, or other animals brought to the facility by each locality. Roanoke County will serve as the initial fiscal agent for the Regional Pound and would be responsible for the maintenance of appropriate accounts for receipt of funds paid to support the operation of the facility by the four participating jurisdictions and fees paid by the general public; and the payment of expenses for the operation, maintenance, and repairs of the facility. The City of Roanoke will be the host locality. The day-to-day operation of the Regional Pound would be under the direction of a full-time Executive Director reporting to an Executive Committee. The Executive Committee will be comprised of the chief executives of each of the four jurisdictions, or their designee, along with a member appointed by the chief executive of the host locality, the City of Roanoke. The Agreement outlines the general structure of the Executive Committee and Sub-Committees and related roles and responsibilities of each. The Executive Committee would be responsible for the selection of the Executive Director, who in turn would be responsible for the hiring and supervision of the Regional Pound staff. The Executive Director and the Regional Pound staff would be employees of Roanoke County, the fiscal agent, and would be subject to the Roanoke County's employment policies and procedures. The Agreement outlines a detailed process and related procedural steps that any of the four participating jurisdictions would have to undertake in order to withdraw from the Agreement in the future, including the termination of certain rights and interests in the Regional Pound. The Board of Supervisors of Roanoke County approved the Agreement at their meeting on December 11 , 2012. It is anticipated that Botetourt County and the Town of Vinton will request action of their governing bodies at upcoming meetings in December or January. Recommended Action: Approve the terms of the Roanoke Valley Regional Pound Agreement as set forth in the attachment to this report. Authorize the City Manager to execute such Agreement, substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Agreement, with the form of such Agreement to be approved by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Christopher Perkins, Chief of Police 2 ROANOKE VALLEY REGIONAL POUND AGREEMENT THIS AGREEMENT is made and entered into on this day of , 2012, by and between the City of Roanoke, ("Roanoke City"); the Town of Vinton, ("Vinton"); the County of Roanoke, (Roanoke County"); and the County of Botetourt, ("Botetourt"), each of which is a political subdivision or municipality of the Commonwealth of Virginia. WITNESSETH: WHEREAS, §32-6546 of the Code of Virginia requires the governing body of each county, town or city to maintain or cause a"pound"to be maintained; and WHEREAS, §3.2-6546 of the Code of Virginia allows one or more local governing bodies to operate a single"pound" in conjunction with one another; and WHEREAS, the governing bodies of Roanoke City, Vinton, Roanoke County, and Botetourt have determined that it is in the best interest of all four jurisdictions to operate a single animal shelter; and WHEREAS, the participating localities are authorized to enter into this joint Agreement pursuant to Section 15.2-1300 of the Code of Virginia; and WHEREAS, Roanoke City, Vinton, Roanoke County and Botetourt anticipate that they will enter into a ground lease with an option to purchase the Regional Pound property at 1340 Baldwin Avenue located in the City of Roanoke from the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. ("SPCA") NOW,THEREFORE, the City Council for the City of Roanoke, the Town Council for the T Town of Vinton, the Board of Supervisors of the County of Roanoke and the Board of Supervisors for the County of Botetourt, Virginia, in consideration of the mutual obligations and mutual benefits accruing to their respective localities from this Agreement, have agreed upon the terms of a contract among themselves. which are as follows: ARTICLE I. REAL ESTATE Sec. 1-1. Description of Real Estate. The Regional Pound is a kennel facility located in the City of Roanoke, together with the improvements thereon, described as a portion of tax map parcel No. 3210401, with a street address of 1340 Baldwin Avenue, Roanoke, Virginia as more particularly shown on the attached plat. Sec. 1-2. Ownership Percentage of the Building by Participating Localities. Upon conveyance of the ground lease, the percentage of Roanoke City, Vinton, Roanoke County, and Botetourt, respectively in the leasehold, the beneficial interest in the building and associated chattel shall be as follows: Roanoke City: Fifty-eight percent(58 %); Vinton: Four percent(4 %); Roanoke County: Twenty-two percent(22 %); Botetourt Sixteen percent (16 %). Sec. 1-3. Management of the property. All use and operation of the real estate shall be managed by the Executive Committee established in Paragraph 4-3, below. 1 Sec. 1-4 Proceeds of Real Estate and personal property. The net proceeds of the sale or rental of any real property interest, or any portion thereof or any product or personal property therefrom, to any of the parties or any outside party shall be shared in the original proportions as the ownership of the Regional Pound real estate under the terms of Section 1-2 and Section 2-2 at the time of said sale or the time rental proceeds are due and payable under the terms of said sale or rental agreement. ARTICLE II. SHARING COSTS Sec. 2-1. Sharing Costs. From April 1, 2013 until the end of the first full fiscal year (June 30, 2013), all costs (to include operational, and maintenance) in excess of revenues from all other sources shall be apportioned in the following manner: Roanoke City: Fifty-eight percent(58 %); Vinton: Four percent(4 %); Roanoke County: Twenty-two percent(22 %); Botetourt: Sixteen percent(16 %). After the first full calendar year, the parties' respective shares of costs shall be calculated as provided in Section 2-2 below. Sec. 2-2. Annual Calculation of Cost Shares. After the first fiscal year(June 30,2013)the costs in excess from all revenues from all other sources, shall be shared by the localities on the basis of the respective usage made by each of said localities in the Regional Pound for the just concluded fiscal year (July 1, 2012 through June 30, 2013). Each locality's usage shall include the number of dogs, cats, or other animals brought to the shelter from the said locality each fiscal year. Sec. 2.3 Use of Animal Shelter. Each of the localities shall be required to use this Regional Pound for all companion animals required to be confined therein under each localities' respective animal control ordinances. The shelter manager is authorized to waive this requirement if space in the Regional Pound is unavailable. ARTICLE III. BUDGET AND FISCAL MATTERS Sec. 3-1. Participating Localities. The Participating Localities to this Agreement are the City of Roanoke, the Town of Vinton, the County of Roanoke and the County of Botetourt. Sec. 3-2. Fiscal Agent. Unless otherwise agreed to in writing, Roanoke County shall act as the fiscal agent for the Regional Pound until otherwise agreed to by a unanimous vote of the Executive Committee. The fiscal agent will maintain a program account for the receipt of funds paid by the Participating Localities and fees paid by the general public, and for payment expenses for the operation, maintenance, repairs, and capital improvements to the Regional Pound. Sec.3-3. Host Locality. Host Locality shall be defined as the locality in which the Regional Pound is located. As of the date of this Agreement the City of Roanoke is the Host Locality. Sec. 3-4. Budget. The Executive Committee will adopt an annual budget for the operations, maintenance and repair of the Regional Pound in each ensuing fiscal year. The budget shall be approved by the first day of March each year so that the Regional Pound budget can be included in each jurisdiction's budget proposal. At the option of the Executive Committee, the budget request in any year may include component for future construction or other capital improvements. 2 Sec. 3.5 Annual Adjustment of Expenses. At the end of each fiscal year a financial audit shall be performed in order to adjust any discrepancy between the budgeted payments and each locality's actual and appropriate share of expenses for the prior year. Once every three years the operational cost formula will be reviewed for possible changes to the agreed cost sharing in Article II. Sec. 3-6. Debt. The Executive Committee shall have no authority to incur debt obligations or approve expenditures in excess of the funds appropriated to it by the governing bodies of each jurisdiction. However, the Executive Committee may, by unanimous vote, recommend the issuance of new debt or the restructuring of existing debt which would then require the approval of the governing bodies for each of the Participating Localities. Sec. 3-7. Executive Director and Employees. The Executive Committee shall serve as an advisory board in the hiring of an Executive Director for the Regional Pound. All employees assigned to the Regional Pound including the Executive Director shall be employees of the Fiscal Agent and shall be subject to the personnel policies of the Fiscal Agent. Sec. 3-8. Indemnification and Insurance. Each participating locality will maintain its own workers' compensation and public official's liability insurance coverage, and will retain its full legal responsibility for injuries or property damage arising from its employees' use of the Regional Pound. Nothing in this agreement shall be interpreted as an assumption of joint and several liability, or as an indemnification of any jurisdiction, by any of the others. General liability insurance for the facility shall be purchased by the Fiscal Agent. Each party to this agreement shall be billed for its proportional share of General Liability coverage in accordance with the formula set forth in Article IL ARTICLE IV. OPERATIONS AND DISPUTE RESOLUTION Sec. 4-1. Term. The term of this Agreement shall commence on April 1, 2013 and shall terminate on June 30, 2023, unless sooner terminated or further extended as provided herein. As of each ten (10) year anniversary date hereof(July 1), the term of this Agreement shall automatically be extended for one additional ten(10) years beyond the then existing date of termination, unless one or more of the participating localities chooses to withdraw from this Agreement in accordance with the process outlined Article V. Sec. 4-2. Operator. The day to day operation of the Regional Pound shall be performed by full- time Executive Director appointed in accordance with Section 3-7 of this Agreement. The Executive Committee shall provide oversight as an advisory board to the Executive Director. Employees of the Regional Pound will receive pay and other compensation from Roanoke County, the fiscal agent for the Regional Pound. Employees shall be subject to the employment policies and procedures of Roanoke County. Sec. 4-3. Executive Committee. The overall operation of the Regional Pound shall be the responsibility of an Executive Committee as set forth herein. The composition and purposes of the Executive Committee are as follows: (1)The members of the Executive Committee are the City of Roanoke City Manager; the Town of Vinton, Town Manager; the Roanoke County, County Administrator; the Botetourt County, County 3 Administrator;or their respective designee; plus a member appointed by the chief executive of the locality that is serving as Host Locality. The initial Host Locality is the City of Roanoke. (2) "1.he Executive Committee will meet at least quarterly, once the Regional Pound established hereunder becomes operational. Special meetings may be called by any two members by actual notice delivered to all members at least 48 hours prior to the meeting date, or may be held at any time upon attendance at meetings by all members. (3) A quorum necessary to take action at any meeting shall be three(3)members, or their officially-appointed designees. A majority vote of the members in attendance shall decide any issue presented unless otherwise set forth in this Agreement. (4) The Executive Committee will insure that the operation of the facility meets all requirements of state and federal laws and regulations pertaining to such facilities; insure that all operations and staffing of the facility meet the requirements of any state or federally-issued permit; insure that the use, care, and maintenance of the equipment in the facility meet the manufacturer's recommendations; insure that the building and grounds are properly maintained and that repairs, when needed, are promptly done; and generally give direction to the shelter manager with respect to the above. (5) The chair of the Executive Committee shall alternate between the Roanoke City Manager, Vinton Town Manager, Roanoke County Administrator and Botetourt County Administrator. The Roanoke County Administrator shall be the chairman for the first two years, followed by the Roanoke City Manager for two years, the Vinton Town Manager, for two years and the Botetourt County Administrator for two years. with the rotation continuing in similar fashion for the life of this Agreement. (6) The meetings of the Executive Committee shall be conducted pursuant to the parliamentary procedures as set forth in"Roberts Rules of Order." (7) The Executive Director shall make available to the Executive Committee or any of its sub- committees all records, work sheets, financial records, and documents or instruments of any nature, regarding and pertaining to the operation, maintenance or fiscal affairs of the Regional Pound, and the shelter manager shall follow and adhere to decisions made by the Executive Committee. (8) An Operating Committee is hereby established as a sub-committee to the Executive Committee. The Operating Committee shall consist of the chief animal control officer from each of the Participating Localities. The Operating Committee shall prepare and recommend operational guidelines of the Regional Pound for consideration by the Executive Board. The Operating Committee will also meet with the Executive Director at least once a month for the remainder of the fiscal year and for the first full fiscal year. The Operating Committee will report to the Executive Committee the status of the operations of the Regional Pound at each meeting of the Executive Committee. Sec. 4-4. Dispute Resolution. Any dispute, disagreement, or controversy arising among the parties hereto as to the operation of the Regional Pound, if not resolved by the parties within thirty (30) days of the date of such dispute, disagreement or controversy arose, may be resolved through non-binding mediation. 4 ARTICLE V. WITHDRAWAL OF A PARTY AND/OR TERMINATION OF AGREEMENT. Sec. 5-1. Withdrawal. Any participating locality under this Agreement may withdraw and terminate such locality's participation in the Roanoke Valley Regional Pound Agreement only as set forth herein by: (I) Such party's governing body must take appropriate action by ordinance or resolution authorizing such withdrawal and termination; and (2) The party seeking to withdraw from such party's participation shall deliver in person or by U.S. certified mail return receipt requested a formal written notice to the Chief Executive Officer of the other localities to this Agreement on or before June 30 of the then current fiscal year, but which notice shall not be effective until midnight on June 30 of the following fiscal year. The purpose of this notice requirement is to give the nonwithdrawing party or parties at least twelve(12)months notice of the withdrawing locality's decision to no longer participate in the Executive Committee and Agreement. Sec. 5-2. Responsibility of Compliance. Any locality to this Agreement who gives a notice of withdrawal shall be responsible for complying with such Agreement until the effective date of the withdrawal notice as referred to in Section 5-1 above. Sec. 5-3. Withdrawing Locality's Interest in Assets. Any locality withdrawing from the Executive Committee and terminating such locality's participation in the Agreement shall not be entitled to and shall not receive any financial or other compensation, adjustment, or credit of any type for the value of equipment, assets, grant or other funds, real, personal, tangible or intangible property, accounts receivable,or any other items the Executive Committee may own or control or that may be used or held for the benefit of the Regional Pound or the Executive Committee. Further,any locality withdrawing from the Executive Committee shall also relinquish any and all interest in the property it has under Article I of this Agreement. Sec. 5-4. Future Operation of Regional Pound. Upon a participating locality's notification of withdrawal to the other localities, the nonwithdrawing localities, in their sole discretion, may continue the operations of the Regional Pound under the Agreement with such modifications as they deemed appropriate or under a new agreement that such nonwithdrawing localities deem appropriate. However, such modifications or new agreement shall not alter the financial obligations of the withdrawing locality. The withdrawing locality shall have no vote or right to object to the actions of the nonwithdrawing localities regarding the matters referred to in the prior sentence. The withdrawing locality shall also have no further right to use or receive the benefits of the Regional Pound operations after the effective date of withdrawal. Sec. 5-5. Cooperation upon Withdrawal. The withdrawing locality shall cooperate with the nonwithdrawing localities in order to provide for a smooth transition of operations and control to such nonwithdrawing localities,including, but not limited to, executing any documents and/or providing any information the nonwithdrawing localities may reasonably request. Sec. 5-6. Rights of the Surviving Localities. If at any time the surviving localities decide to no longer operate the Regional Pound, such localities may do so only upon such terms and conditions as such localities deem appropriate in accordance with the direction of the governing body of each surviving locality. 5 Sec. 5-7. Right to Rescind Notice of Withdrawal. Any withdrawing locality may rescind such locality's notice to withdraw only during the first 60 days after the date such notice was given. After such 60 day time period, the withdrawing locality may only request that such withdrawal notice be rescinded, but any such rescission request shall require the written consent of all of the nonwithdrawing localities. Sec. 5.8. Withdrawin• Localities res•onsibilit for Debt Service. The withdrawing locality shall continue to be responsible for its share of any debt for capital improvements made to the Regional Pound and any allocation of debt service payments based upon the percentage cost sharing in Article II for one year following its withdrawal from this Agreement. ARTICLE VI. MISCELLANEOUS Sec. 7-I. Effective Date. The effective date of this agreement shall be April 1, 2013, provided that any zoning, use, or other permits required to be obtained from any jurisdiction of government must be approved and in place before the effective date shall be deemed to have occurred. Sec. 7-2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to the following officers or their successors: , County Administrator COUNTY OF ROANOKE, VIRGINIA Roanoke, VA 24 Copy to: Paul Mahoney, County Attorney COUNTY OF ROANOKE, VIRGINIA Roanoke, VA 24 Christopher P. Morrill, City Manager CITY OF ROANOKE, VIRGINIA P.O. Box 58 Roanoke, VA 24402 Copy to: Daniel I Callaghan. City Attorney CITY OF ROANOKE, VIRGINIA P.O. Box 58 Roanoke, VA 24402 , Town Manager TOWN OF VINTON, VIRGINIA Vinton. VA 24 Copy to: Elizabeth Dillon, Town Attorney TOWN OF VINTON, VIRGINIA Vinton, VA 24 6 , County Administrator COUNTY OF BOTETOURT, VIRGINIA , VA 24 Copy to: Elizabeth Dillon, County Attorney COUNTY OF BOTETOURT, VIRGINIA , VA 24 Sec. 7-3. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Sec. 7-4. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Sec. 7-5. Severability. The invalidity, illegality or unenforceahility of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Sec. 7-6. Waiver. No failure of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Sec. 7-7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Sec. 7-8. Entire Agreement. This Agreement and the attachments hereto constitute the full agreement among the parties. This agreement may only be amended by written amendment adopted by each of the participating governing bodies. (Signature Page to Follow.) 7 IN WITNESS WHEREOF, the parties hereto have set their signatures and seals this the day and year first above written. CITY OF ROANOKE, VIRGINIA By: (SEAL) Mayor Clerk TOWN OF VINTON,VIRGINIA By: (SEAL) Mayor Attest: Clerk COUNTY OF ROANOKE, VIRGINIA By: (SEAL) Chairman of the Board of Supervisors Attest: Clerk COUNTY OF BOTETOURT, VIRGINIA By: (SEAL) Chairman of the Board of Supervisors Clerk STATE OF VIRGINIA, AT LARGE CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2012. by 8 , Mayor of the City of Roanoke, Virginia, and likewise attested by , Clerk of the Council of said City, on behalf of the City of Roanoke. My commission expires: _ Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this_day of , 2012, by , Mayor of the Town of Vinton, Virginia,and likewise attested by , Clerk of the Council of said Town, on behalf of the Town of Vinton. My commission expires: Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2012,by , Chairman of the Board of Supervisors for the County of Roanoke, Virginia, and likewise attested by ,Clerk of the Board of Supervisors for said County. on behalf of Roanoke County. My commission expires: Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF BOTETOURT, to-wit: The foregoing instrument was acknowledged before me this day of ,2012, by 9 , Chairman of the Board of Supervisors for the County of Botetourt, Virginia, and likewise attested by , Clerk of the Board of Supervisors for said County, on behalf of Botetourt County. My commission expires: Notary Public 10 0 CITY OF ROANOKE ,: _" I OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 it 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 December 18, 2012 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39556-121712 appropriating funding from the Federal and Commonwealth governments grants for various educational programs, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 2012, and is in full force and effect upon its passage. Sincerely, J Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39556-121712. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012-2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012-2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Adult Ed Teacher 302-160-0000-1305-353G-61100-41121-9-07 $ 12,750 Counselor 302-160-0000-1305-353G-61100-41123-9-07 4,652 Social Security 302-160-0000-1305-353G-61100-42201-9-07 975 GED Teacher/Examiner 302-160-0000-1305-355G-61100-41121-9-07 20,000 Social Security 302-160-0000-1305-355G-61100-42201-9-07 1,520 GED Testing Fees 302-160-0000-1305-355G-61100-43313-9-07 12,600 Testing Materials 302-160-0000-1305-355G-61100-45584-9-07 4,000 Instructional Supplies, Elementary 302-110-1101-0000-1350-61100-46614-2-01 250 Instructional Supplies, Secondary 302-110-1101-0000-135G-61100-46614-3-01 422 Revenues State Grant Receipts 302-000-0000-0000-353G-00000-32298-0-00 18,377 State Grant Receipts 302-000-0000-0000-355G-00000-32298-0-00 38,120 Federal Grant Receipts 302-000-0000-0000-135G-00000-38367-0-00 672 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:179j W ROANOKE CITY PUBLIC SCHOOLS December 17, 2012 School Board David B. Carson The Honorable David Bowers, Mayor Chairman and Members of Roanoke City Council Roanoke, VA 24011 Todd A. Putney Vice Chairman Dear Members of Council: Mae G. Huff As a result of official School Board action on Tuesday, December 11, Su Lewis y Suzanne nne P. Moore 2012, the Board respectfully requests City Council approve the following Lori E. Vaught appropriation requests and revised appropriation: Richard Willis Dr. Rita D. Bishop Appropriations Total Award Superintendent Race to GED 2012-13 $38,120 Cindy H. Poulton General Adult Education 2012-13 18,377 Clerk of the Board Revised Appropriation Additional Award Title II-A Improving Teacher Quality $672 2012-13 The School Board appreciates your approval of the requests as submitted. Sincerely, CA"Hkk■P.. .`_ Cindy H) Poulton, Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Curt Baker Ann Shawver Margaret Lindsey David B. Carson Acquenatta Harris (w/details) p: 540-853-2381 f:540-853-2951 P.O.Box 13145 Roanoke,VA 24031 www.rcps.info A J 1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 17, 2012 Subject: School Board Appropriation Request Background: As the result of official School Board action at its December 11th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report The General Adult Education 2012-13 program award of $18,377 represents the Virginia initiative to provide instructors and related expenses for general adult education courses to adults who did not complete high school. This program will be fully reimbursed by state funds, passed through the regional award for which Salem City Schools servers as fiscal agent. This is a new program and will end May 15, 2012. The Race to General Education Development (GED) 2012-13 program award of$38,120 is the Virginia initiative to provide supplies,tuition, and instructors to increase participation in GED examinations by adults who did not complete high school. This program will be fully reimbursed by state funds, passed through the regional award for which Salem City Schools servers as fiscal agent. This is a continuing program and will end May 15, 2012. The Title II-A Improving Teacher Quality 2012-13 grant of $672 will be used to provide teacher positions to reduce class sizes,as well as provide training opportunities to teachers to support the ability to provide quality instruction to students. This program will be fully reimbursed by federal funds.The revision reflects the actual final award amount.The grant program will end September 30, 2014. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. ao ANN H. SHAWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39558-121712. A RESOLUTION naming The Reverend Carl T. Tinsley, Sr., as the 2012 Citizen of the Year for the City of Roanoke. WHEREAS, Reverend Tinsley is a native of Franklin County, and a lifelong resident of the City of Roanoke for over 50 years; attended Comet Business School, Virginia Westem Community College and Shenandoah Bible College; and served as a Radio and Radar Technician and Operator Flight Squadron, crewman, and Third Class Petty Officer in the U. S. Navy. WHEREAS, Reverend Tinsley retired from Norfolk and Western Railway Company (Norfolk Southern Corporation), with 38 years of dedicated service, was the first African American clerk in the Traffic Department, has demonstrated a heartfelt interest in higher education and for the advancement of minorities in the Roanoke Valley and has helped solve controversial neighborhood and community issues by working hand-in-hand with City government. WHEREAS, Reverend Tinsley has been a servant for the Lord for over 41 years, and has pastored at First Baptist Church - Natural Bridge, First Baptist Church - Catawba, Indian Rock Baptist, First Baptist Church - Cloverdale, he is the current pastor of First Baptist Church - Buena Vista where he has shown dedication in ministering and caring for the needs of each member, and also serves as an Associate Pastor of St. John's Episcopal Church. WHEREAS, Reverend Tinsley currently serves as the Chairman of the Roanoke City Electoral Board and is active in many organizations within the Roanoke Valley for which he has received many awards and honors, including the SCLC Martin Luther King Drum Major for Justice and the Martin Luther King Religious Affairs Awards; he is a life member and Past President of the Roanoke Branch NAACP (National Association for the Advancement of Colored People), President of the Ministers' Conference of the Roanoke Valley and Vicinity, President of the Northwest Neighborhood Environmental Organization (NNEO), Past Vice- President of Fairland Civic Organization, and Past Chairman of the Roanoke City Democratic Committee (first African American to hold this post). THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Reverend Carl T. Tinsley, Sr., was named the 2012 Citizen of the Year and was bestowed the prestigious Key to the City by Mayor David A. Bowers at the City's Annual Volunteer Reception which was held on November 14, 2012. 2. The City Clerk is directed to transmit an attested copy of this resolution to The Reverend Carl T. Tinsley, Sr. ATTEST: City Clerk A• 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: clerk®roanokeva.gav JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 18, 2012 Lora J. Katz, Chair Roanoke City Planning Commission 225 23rd Street, Apt. #303, S. W. Roanoke, Virginia 24014 Dear Ms. Katz: I am enclosing copy of Ordinance No. 39559-121712 amending and reordaining Ordinance No. 39511-091712, adopted September 17, 2012 to correct scriveners' errors regarding the recommendation of the Planning Commission contained in the title and recitals of Ordinance No. 39511-091712, and approving an amendment to the Countryside Master Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, which amendment changes the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 2012, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Angela S. Penn, 506 12th Street, N. W., Roanoke 24017 James Eugene Smith, 3547 Penarth Road, Roanoke, Virginia 24014 Mark K. Futrell, 372 Washington Avenue, S. W., Roanoke, Virginia 24016 Lora J. Katz, Chair City Planning Commission December 18, 2012 Page 2 pc: Henry Scholz, 2335 Broadway Avenue, S. W., Roanoke, Virginia 24014 Chad Alan Van Hyning, 102 Market Street, Unit 402, Roanoke, Virginia 24011 Kermit E. Hale, 2222 Blenheim Road, S. W., Roanoke, Virginia 24015 Cynthia Allen, 2637 Staunton Avenue, N. W., Roanoke, Virginia 24017 Jason Bingham, 2515 Stanley Avenue, S. W., Roanoke, Virginia 24014 Dereck Bond, 3438 Signal Hill, N. W., Roanoke, Virginia 24017 Greg Feldmann, 3602 Peakwood Drive, S. W., Roanoke, Virginia 24014 Valerie Garner, 2264 Mattaponi Drive, N. W., Roanoke, Virginia 24017 Robert Gravely, 3360 Hershberger Road, N. W., Roanoke, Virginia 24017 Carl Haley, 4735 Cheraw Lake Road, N. W., Roanoke, Virginia 24017 Susan Hall, 2237 Ranch Road, N. W., Roanoke, Virginia 24017 Al Prillaman, 2803 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Robert Reed, 4440 Thelma Street, N. W., Roanoke, Virginia 24017 Kathy Smith, 5398 Montague Way, S. W., Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Rebecca Cockram, Secretary, Roanoke City Planning Commission \�\� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of December, 2012. No. 39559-121712. AN ORDINANCE amending and reordaining Ordinance No. 39511-091712, adopted September 17, 2012 to correct scriveners' errors regarding the recommendation of the Planning Commission contained in the title and recitals of Ordinance No. 39511-091712, and approving an amendment to the Countryside Master Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, which amendment changes the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 19, 2012, the Planning Commission held a public hearing to consider an amendment to the Countryside Master Plan ("Master Plan"), which Master Plan had been adopted by the City Council on June 20, 2011, as a component of Vision 2001-2020, the City's Comprehensive Plan ("Vision 2020"), such amendment to the Master Plan changing the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation("Proposed Amendment"); WHEREAS, on July 19, 2012, the motion considered by the Planning Commission to recommend to City Council adoption of the Proposed Amendment failed by a vote of 2 to 5; WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on September 17, 2012, to consider the Proposed Amendment, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such Proposed Amendment; WHEREAS, this Council on September 17, 2012, after considering the action of the Planning Commission taken on July 19, 2012, and the matters presented at the public hearing held on September 17, 2012, found that the public necessity, convenience, general welfare and good zoning practice, required the adoption of the Proposed Amendment, and for those reasons adopted Ordinance No. 39511-091712; WHEREAS, Ordinance No. 39511-091712 incorrectly stated in the title and recitals that the Planning Commission recommended adoption of the Proposed Amendment when, in fact, the Planning Commission's motion to recommend the Proposed Amendment to this Council failed by a vote of 2 to 5; WHEREAS, in accordance with the provisions of§15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on December 17, 2012, to consider the amendment to Ordinance No. 39511-091712, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment to Ordinance 39511-091712; WHEREAS, this Council remains of the opinion that the Proposed Amendment should be adopted and incorporated into the Master Plan and Vision 2020; WHEREAS, the Council believes that Ordinance No. 39511-091712 should be amended to reflect more accurately the action taken by the Planning Commission at its public hearing on July 19,2012; and WHEREAS, this Council on December 17, 2012, after considering the action of the Planning Commission taken on July 19, 2012, and the matters presented at the public hearings held on September 17, 2012, and December 17, 2012, found that the public necessity, convenience, general welfare and good zoning practice, required the adoption of the Proposed Amendment and this amendment to Ordinance No. 39511-091712. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 39511-091712, adopted on September 17, 2012, be amended and reordained to reflect more accurately the action taken by the Planning Commission at its 2 public hearing on July 19, 2012, as set forth in the City Attorney's letter dated December 17, 2012, to this Council and as set forth in this ordinance. 2. That Ordinance No. 39511-091712, adopted on September 17, 2012, be amended and reordained to reflect that this Council approves the amendment to the Countryside Master Plan, such amendment changing the land use designation of the Portland Planning Area (consisting of Official Tax Map Nos. 6421001 and 3451113) from Agriculture to Recreation, and thereby approves the Countryside Master Plan, as amended by this action, and Vision 2001- 2020, the City's Comprehensive Plan, as amended by this action. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATT ST:g'� Le '}'�I 1 Leg'? ler D.iheL) 3 orto tko CITY OF ROANOKE tit," `r m OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING Timothy R. Spencer 215 CHURCH AVENUE, SW Steven J. Talevi ROANOKE, VIRGINIA 24011-1595 Gary E. Tegenkamp David L. Coffins Daniel J. Callaghan TELEPHONE 540-853-2431 Heather P. Ferguson City Attorney FAX 540.853.1221 Assistant City Attorneys EMAIL:ciryatty @roanokeva.gov December 17, 2012 The Honorable Mayor and Members of City Council Re: Adopt corrected and amended ordinance to correct Ordinance No. 39511-091712, adopted September 17, 2012 Dear Mayor Bowycrs and Members of Council: Background: On September 17, 2012, after a public hearing, Council adopted Ordinance No. 39511-091712. The effect of this ordinance was to amend the Countryside Master Plan (adopted on June 20, 2011 by the City Council and made a component of Vision 2001-2020, the City's Comprehensive Plan) by changing the land designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation. A scrivener's error was discovered in the title and recitals of Ordinance No. 39511-091712 stating that the Planning Commission recommended this amendment. In fact, a motion to recommend this amendment to City Council failed by a vote of 2 to 5. A public hearing is required to amend Ordinance No. 39511-091712 to correct these scrivener errors. At the December 3, 2012, Council Meeting, Council authorized a public hearing for December 17, 2012, at 7:00 pm. Recommended Action: Following the public hearing, adopt the corrected and amended ordinance to explain and correct the error noted in Ordinance No. 39511-091712, adopted September 17, 2012. '`�S�i`nc'e'r�'ell"yy/(�/�/`/�///,�'���'o'`/fin Daniel J. Callaghan City Attorney DJC/lsc Attachment c: Christopher Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Stephanie Moon, City Clerk Christopher Chittum, Planning Administrator The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke,Oft 81gr,'12 DEC 20PMO129 NOTICE OF PUBLIC NEARING The Council of the City of Roanoke will hold a public hearing Monday. DANIEL J. CALLAGHAN, CITY ATTORN December 17. 2012, at 7:00 p.m.. or as soon DANIEL J. CALLAGHAN, CITY ATTORN thereafter as the matter ROOM 464 Council Chambe'r,in n cnh e 215 CHURCH AVE SW MunicipaleBuildng.215 ROANOKE VA 24011 Church Avenue. S.W., Roanoke, Virginia, to o Idzvmendmeg c nn amendment to REFERENCE: 80141344 ordinance No 39511-091712 to correct 13180057 NPH-Countryside Mast icevecomm�dalmn regarding Commission In the title and recitals of State of Virginia Ordinance No 39511-091712, which City of Roanoke 39511-091712 amended the Countryside Master I, (the undersigned) an authorized representative 'Flag 1-2 20,component he City's 9 P co2o, the curs of the Times-world Corporation, which corporation comprehensive plan, P P dopted by City Council on is publisher of the Roanoke Times, a daily adopted 17.2012,such P Y amendment having been newspaper published in Roanoke, in the State of cltnwlerd by to Roanoke Virginia, do certify that the annexed notice was on July 19, 2012. The amendment to the published in said newspapers on the following Countryside Master Plan dates: designation of the Portland Planning Area(consisting of Tax Map Nos.6421001 and 6421113)from Agriculture to Recreation and thereby permits certain commercial. assembly and entertainment, public facilities,transportation. City/County of Roanoke, Commonwealth/State of )utility,agricultural, and Vir nia. Sworn and subscribed before me this accessory ry uses,including site for athletic gelds. � ajay of December 2012 . Witness my hand and A copy of ordinance No. 39511-091712, the official seal . oeP lea amendmen,to 39511-091712.and the Countryside Master Plan are • w,&XI_ \ Notary Public available for review in the Room 5 ,Neel C.Clerk, Room 456,Noel C.Taylor Municipal Building.215 Church Roanoke.Virglnme Avenue, 9.w_. r. All parties In interest and citizens may appear on the _ `�,`I A above date and be beam on the matter. If you are a Person with a disability who PUBLISHED ON: 12/04 12/11 O cf��C 2 needs accommodationsmr 'l Ibis hearing,please contact - �: Aqk 09 , -.G1. the City Clerks Office,al 8532543 before noon on in (v h V : the Thursday before the m -. FL date of hearing listed J�,�� a�EN under my hand this '�� 29th day of November, Q�r ' Stephanie M Moon. oon clerk. MC TOTAL COST: 559.12 FILED ON: 12/19/12 h' 'rtn n' (13180057) + [___ Authorized J JVTp Signature: Billing Services Representative NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, December 17, 2012,at 7:00 p.m.,or as soon thereafter as the matter may be heard,in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,Roanoke,Virginia, to consider the following: An amendment to Ordinance No.39511-091712 to correct scrivener's errors regarding the recommendation of the Planning Commission in the title and recitals of Ordinance No. 39511-091712, which Ordinance No. 39511- 091712 amended the Countryside Master Plan,a component of Vision 2001- 2020,the City's comprehensive plan,adopted by City Council on September 17, 2012, such amendment having been considered by the Roanoke City Planning Commission on July 19,2012. The amendment to the Countryside Master Plan changes the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation and thereby permits certain commercial, assembly and entertainment, public institutional and community facilities, transportation, utility, agricultural, and accessory uses, including a site for athletic fields. A copy of Ordinance No.39511-091712,the proposed amendment to Ordinance No.39511- 091712, and the Countryside Master Plan are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office,at 853-2541,before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 29tj4ay of November , 2012. Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish twice in the Roanoke Times on Tuesday, December 4 and Tuesday, December 11, 2012. Send affidavit to: Send bill to: Stephanie M. Moon, MMC, City Clerk Daniel J. Callaghan, City Attorney 215 Church Avenue, S.W., Room 456 215 Church Avenue, S.W., Room 464 Roanoke, Virginia 24011 Roanoke, Virginia 24011 (540) 853-2541 (540) 853-2431 nr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39560-121712. AN ORDINANCE providing for the conveyance of certain City-owned property and property interests to the Virginia Department of Transportation ("VDOT") to support a VDOT street improvement project designed to improve a portion of 10th Street; authorizing the City Manager to execute the necessary documents providing for the conveyance of the City-owned property and property interests, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on December 17, 2012, pursuant to §§15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for a VDOT street improvement project designed to improve that portion of 10th Street from Fairfax Avenue to Williamson Road (`Project"), the City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the following conveyances of City-owned property and property interests to VDOT, in accordance with the terms and conditions as more particularly stated in the City Council Agenda Report dated December 17, 2012: a. A Deed conveying that parcel designated as Tax Map No. 2120315, more or less, in fee simple, in order for the property to be used by VDOT as a right of way to support the Project, with no consideration offered, 0-Conveyance to VDOT(V easements to VDOT.10i°St Improvement P tem.12-17-2012 b. Three Temporary Construction Easements conveying temporary construction easements across those parcels designated as Tax Map Nos. 2130613, 2130614 and 2130615, to use in connection with the Project, with no consideration offered, c. A Temporary Construction Easement across a portion of Tax Map No. 2060828, along with an option to purchase an approximate 70 square foot portion of the parcel, for the purchase price of$300.00, and d. A Permanent Drainage Easement and a Traffic Control Easement across that parcel designated as Tax Map No. 3160105, for the purchase price of $1,350.00. 2. All documents necessary for these conveyances shall be in form approved by the City Attorney. 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: m. r1)r.) City Clerk. 0-Conveyance to VDOT&easements to VDOT.101 St Improvement Project.12-17-2012 ILE ., r5 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 17, 2012 Subject: Conveyances of Various Interests in City-Owned Properties located along the 10'h Street Corridor for VDOT Project - 0000- 128,V12,RW202 -203 Background: The Virginia Department of Transportation (VDOT) is in the process of acquiring rights of way and other property interests for the construction, maintenance and/or operation of a street improvement project for the purpose of improving 10th Street from Fairfax Avenue to Williamson Road. Construction on the project is scheduled for advertisement in the Fall of 2014, with actual construction expected to commence in 2015. Considerations: The City of Roanoke owns six (6) parcels of land which will be affected by the proposed improvements. These parcels consist of Tax Map Nos. 2120315, 21 30613, 2130614, 21 3061 5, 2060828 and 3160105. The Virginia Department of Transportation (VDOT) seeks to acquire temporary construction easements across City-owned properties, designated as Tax Map Nos. 2130613, 2130614 and 2130615 to use for various purposes in connection with such improvements that include, but are not limited to construction and maintenance of stormwater management systems, drainage systems, traffic control equipment, curbs, gutters, sidewalks and bike lanes. VDOT has asked the City to grant these temporary construction easements at no cost. VDOT has offered to pay the City of Roanoke $300 for a temporary construction easement and an option for the possible purchase of an approximate 70 square foot portion of the parcel designated as Tax Map No. 2060828. VDOT has asked the City to donate fee simple ownership of the parcel designated as Tax Map No. 2120315 to VDOT at no cost and to also convey a permanent drainage easement and permanent traffic control easement across Tax Map No. 3160105 to VDOT for the purchase price of $1 ,350. Recommended Action: Authorize the City Manager to execute the Deeds of Easement, Deed and Option Agreement, as described above to the Virginia Department of Transportation, subject to certain conditions, which documents shall be approved as to form by the City Attorney. /_ Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert Ledger, Manager, Economic Development Mark Jamison, Manager of Transportation Cassandra Turner, Economic Development Specialist 2 I LIE DAs( F \k. \ © . IRE t mom Timm 'r N/F KWARD I L1 14.00 N 5I'49'@'E W Cb`F�2\1940� ,`\ • . I P_0 WIONO XS 19RIC( ,\1 V POACELL TMREWtlBIE TRUST LA 01.94 9 8919'29'E �!?414,.‘ ` m C.W919AMR55t BUILDING llh--' TAX PARCELS 103 12 1440 5 5051'15'W /P ``\ (CALCULATED) SOroI 1\1 I MST. 060018931 L4 10.18 N N16D'w 11\ _. 3 STORY MILK BUDDING ono Q 1\11, -WJIND SCHOOL- '' PbBOBR7�6 CITY W ROA N/F WfIWA 1\ C O.B. OED BOO( WI PARCEL 3160104 / PFW WpO ff BOW( O.B. 1812, PO 1448 MONK Et41�f es, 1 MJ ILY COLUR MKS OD23 ACRES Q01 SO FL) PG. PACE INST. Y6INUMENT �IIJIE h I TM MCA 3160127 DO FORD \ INST. 04008794 N/F NOW OR 10'WERLY - j, R/W WOW OF WAY DIST. DESTINE _I--i Y 1 LP. PROPMN COMER 1 EXIT. R/W ,'.) N MOM W �r L4 83 5]6{929' E© EWST. RA u- - y - - ME UNEl - - - 66.11' 101@ PLIWSON ROW) - - I. 4 OFnTOPHER 6 MOMS, CERIfl TOT 1H PLAT WETS OR EXCESS 1ON Sii&L1 CONSTRUCTOR BASELINE - TE MINIMUM PLAT SMNOWC6 OF THE VA ODOR APELSCOA = S 361056E _ S 360545'E U000-128-V12, RR-289 RE60ATONS. i SHOW 2. T95 CONKED Fk MTV DOES NOT CCCO5TIUTE A B MOMENT NO 0(Dl. 0000-128-V12 180 DA -128 S OAMEa FOPERT ff-189, CsAI L900-126-VI2:RW-203 OF TIE PROPERTY 9101E HEREON. 5TA 188+87.21 s STA. 188+7661 3.TIE M I IC L MPRWEMRS 9 HE 01.1 EM IRE PER MOT MELT U000-128-V12,NW-289. PE-103.0-504,UPC 1180A.Ttl5 G NOT A 1 = /'•i .____. Cr C n PHYSICAL MPRWFM R SUROI EfOS11NG R/W SHOWN PER l 5 { EMT. A TL COPIED RAT 006 EEO PREPARED 0011 IN AC1U4 KID y1 yyy 1 RA n SURVEY BY NOER.AN MO ASSOCIATES,IN 2003 MD fall. Riff PROJECT 0000-120-VI; RN-MU, 11 S2 g 1,� 'S 5.MS COMM PLAT WAS PERMED NOHOW 11E BO OF A 1111E PE-103,0-601.UPC 11908 n (� e REPORT NO �N SHOW ENOMEWVCES WHICH WY MELT COMPILED PLAT OF 6. HERON C Ma/OR suBSUWATC URLT(5 QF DOSIve)ME NOT SOWN EALTR OppfA 0.023 PERMANENT DRAINAGE e 7. PLAT MUM O BASED ON V%OT PIOIEOT 1000-128-VI2 89-203. P 3 BEING GRANTED D 70 \ F£-103, C-504, UPC 11906. 7: E 9.011908 FROMM BY VOOT SIMI=Riot Pm DECOR FILE CNe ToN EMR a NINE COMMONWEALTH OF of VIRGINIA R 0.023 ACW!p iaeir neva maw now avow 7o CITY OF ROANOKE COIMOIMALW OF MRONW L1 No. 2359 10.41 OF T95 PROPERTY IS COMPRISED OF CITY OF ROA ONE TAX PARCEL ' OAKLAND SCHOOL 1100165 WT PROJECT PRIM I . - D TAX PARCEL 3160105 ANDERSON&ASSOCIATES,INC. 0 30 60 CITY OF ROANOKE, VIRGINIA QQQ Professional Design Services 100Nano1e S1. n.w.amanao.com Beemyq Va.24M0 SCALE IN FEU Scale Date Drawing No. VWginn-Nor Carolna-MOM Wryini 540562.5592 I INDEX No. 8-29376 1'n30' 30 SEP 11 20018198 t II DIE TABLE p I I 02....1. pONG UNE LENGTH OIECBOM it I . n �iy�•• 0. 1 11i' I1OS. 1l 212 5 6T1Y3C E ® i\IC I 91 13 212 5 221731-w 1 I INMERININ Li 28.18 N se'13'tY M I I II i 0.B. DEED BOOK PO. PAGE EST. NSIRWEW L1 2.39 N)TIa-1P E as 1391, PC 10➢-� 21 i I i WO FOND M/T ICE oR FOIERLY LS 602 5 8TIY10'E 0.112 AGES 1 11 R�9 NERA3 R/W MR OF WAY LB 319 5 iW11'Tf w ( �) i li VAN PARCEL 2080.531 F)OST. EEBEYC 1 1 NS.91/0007395 LP. PROPERTY CORNER V 88.18 N6613'lfW TEMP WAY iN 111 CONSTRUCTION wow Iy 11I 0.0W ACRES (193 W. R.) 1 (SEE NOTE 10)— .......-141 1 m 111 11 ;n I1 PROPOSE RE T or WAY' onaz ram 670(sow am a a) I 111 I.„ES (�NEW 111 I. I,MINDEN PLR E NIREG CE NY TNT THIS PLR MEETS OR DEEDS TIE NDEN PLR SWIMS OF WE VA DPW AFESEDLA IME OWrs 2. 2x5 COMPILED PUS WAS SEWED TO SHER 11E FEE mR(NICHED AREA)AND DOES WI CONSTMIE A BW WARY SURVEY OF TIE PROPERTY G SPIRE WET co S Y E000-128-V12. RW-203. SHOW i0 C-504, TIN 11908 RE IS NOT A J / L �O IOiX37NFfdW CdfpSNNE �o ?DAR 1 M 'T _ u000-122-V12. RW-203 8 PRELIMINARY; i 4. 116 COMPILED RAT RAC 2EEN ti 2003 FROM AN ACTUAL PRO EMT ` BY ANDERSON RID ASSO¢M6,N 2003 AW Mit. lam SEEN CNRST0PHER R. CAMS F 5,1115 COMPILED RAT T S PREMED WK WE MUTT OF A TIME fF N 2815'59' E i € REPNR.W WY NOT SHOW ILL ERGONOMICS WEN NAY AFFECT TE M.NO.2359 PROPERTY WON MEW. a SUMO AW/M SUBSURFACE UNDER(E EDSIAIG)ARE MT SWAN '.• ✓A +" r HEREON. F-D3STIW R/w SHOW Pmt_._.-� J. PUT DATUM 15 RASED eN VDOT PROJECT ID00-129-V12, RWd03, PE-10A WOES 000-128-VI2,Rw-m; COMPILED PLAT OF C-504, WC 1190 iI PE-103, 0-501,WC 11938 i a PROPOgn�/w RID EASEMENTS SEWN SAM PER DESM(FRE DI1908 I 0.002 BONG GRANTED TO AREA PROVES BY VOOT SMSI MSS 4 G. ION NE ME df6,A BEM fR.SNE➢TO CThICM TAN OF MERlN S ILL DOO9 ACRE WOW CAME RIXITS MEWS JEW CRAM)TO , COMMONWEALTH OF VIRGINIA CORINBAFALIE OF WSW PROPERTY OF II.PAL CF MS PROPERTY I5 COMPRISED OF COT or RUNES TAX PARCEL CITY OF ROANOKE € 2080828 wor PROJECT PARCEL 122, 0 30 60 TAX PARCEL 2080828 ANDERSON&ASSOCIATES,INC. C(IY Di ROMOKE, VIRGINt QOQQ Professional Design Melon SCALE IN FEET www.anchneco.com 1CObpm .VS. Seale Date ENwlrp No. V t9Tnie-North Cantos-West 510-02-69 93.29060 VMBMIe 540-55245502 I INDS No. E-29376 1'e3E 25 SEP 11 29378122 ME TAME 11 N/F 16E/ MOH MOM II 1 OPrM PARCEL 2130613 1 ,gv.402.0"....471". 4,4`/°M1' OCT. CCODDD2519 420 '1� LI 22.55 S 2932'26'Y � .'PaF.1 L2 3200 M 6713'41' W CFL-URIC R I1O(E PPOPTRIIFS.CC 1 P., W6 TAX 2131114 9 2130615 ill � p-b 13 11.20 N 07321241 E TAX IMT. 060009325 300 1 N. 03001 1 `p- 'l\ / \ \310 ACRES(CLW41ED) 1 LV 39.32 S &9704' E 1 % \ t 1 I 15 67.31 N 2912'21' C (HUI) \ ) /` p lt0 % 1JUS96 0.B. DCTh BOOK N 671341'W Jj,�/ r gyA.Iu22S21B' PC. PME L6 54.13 3 691927 W / - I I hn 81.97 �m 9-316' 2Y wST. WIpMINENi L7 59]3 S 6659'5)'N .- i-15897 R1 FOUND 16.59 I\\\ 1Dl°„ 1 I L311.o9' N/F NOW 9R FORMERLY M 47.12 X 2153'00'M 1 \\(> F R-1.)59.90' R/V RCM OF WAY ..2 U.ISLACER(6761 SOFT) --I I PG134+9790 au. conic U 4fi.1} N 6217&-E IBYVRM9 6IEIRVCIg1 J� \ ( 9) I- i P7.136a1408 IP. %NpFpM COINER 1.10 55.59 N 31'53'32'F 0913 ACES(316(316 y1AFT, \ b-\ 1 2 PIACEL CNE (9F NON% ) G 1, \\ 1 V 7 - 1 I S0.R. SQUIRE FEET lit 69.59 S 562E55-E \\ Hi 112 24.42 S 2W221'W 'fy, \ `\Lg\ -- 1 y _ DUST' VW L12 I NOM PI" • ,L1 i{ '.� I 1. I.CHRISTOPHER B. UM. CpRIM iM1i INS PLAT MFL15 OR / i I REM/MOONS. MMWIM PLAT STANDARDS 6111 VA WOR APEISCCA / � ', (Y�-�_ et. p/.A/ _ 2. MB COMPILED FIAT SS ROBBED TO SNOW RITE TEMGWR( }C ')'z C6ISlRiIC110x GR9Qd AREA 11 963 SOT CONSMUE A 3 _ -. E PREUMINARY> BOUNDARY SURVEY 6 ME PROPERTY SHOWN LEEON. ------'-- -- R 3.ME PRISM MPRO MLMS SHOWN HEREON ME PER 5902 PROJECT '( ....- -.. . ..- - _ -� � 1. CHRISTOPHER E CYINIS HOT A PARSEµMY 1 50.; 0-612 UPC/709.MB 6 y'a11 .. ...�.. _ ! - SIgELt -.- °"'-• ,..... 101 _.yam Lk. Na. 2359 A M1 COCPYID PUT WS BEDI PREPARED FACT NI ALMVL IW .___-_ ^ SURVEY m MEFPSCI NO ASSOCIATES. M 1003 AND 3014 - �\1.... '{_ %� — - 1 yMVB60. $ 5. 111S CILPIIED PUT WS PERFORMED WTRONT THE BUM OF A am TIRE WORT((NNW WAY NOT SNDW N1 ENCLIIEANI65 INCH MAY f st 'I c"7 s 1RCT THE PROPERTY SHOW IEtECI, 5 MOM Alp.. 91ROWACE MUTES(F BMOC)NE MDT 9";2'...,�1 000-02. 09 Ca4PoID NAT of 7.n DATUM IS BASED ON RODE PROJECT UD00-12o-vi2 RW-202. 11` � 0.169 ACRE TEMPORARY 6 " 1 e P CONSTRUCTION EASEMENT AREA IV 9.MIN MCC m WOf S4OI O6lRICT. SC RIM,yTpCN,V CC M Bf]NC GRANTED TO GRATED TO TM 6 mw'&ernox DaCT M A BDIw ND9..1u- COMMONWEALTH OF VIRGINIA COM la ML OP TOP PROPERTY B OMR=Cr CM 6 RDN61E TAX PROPERTY OF n PARCELS 2130614 Cc 2130615 COT PROJECT PARCEL 078. CITY OF ROANOKE, VIRGINIA R 0 30 60 TM PARCELS 2130614 & 2130615 F QOQQ ANDERSON &ASSOCIATES,INC. C1M of R0.WDI(E, MRGINU ProlesskAN Onto SeMCea 100& TIO..at SCALE IN FEET www.aMWBaC.can g4 ayr0n .RPoEO RCASkC 273W 121 sea Dote I Drawing Na. VYgbb-NORM Cerdba-Welt VI hia INDEX No. B-29376 11.4 301 2B SEP 11 283]60)8 Y I 1 TINE TABLE 6Cx ??q}N LNE LENCH DRECNOH arse riSRWYENf °' ; `? o !� LI 3905 N ]6'4]'12'W N/F 11011 OR FORMERLY i+-13,-,' 12 1150 N 3]30'2•E R/2' WCJI!6 MY UHT. DIMING U ]6.61 S 51X'9•E �____________ 50, R. SQUIRE iFEi -a maximulth O R . 1149128 TAX PARCEL 213613 0 . 4S 06' S• -‘v#;' O�&R0. 1 . 12177 INST. 0000002519 L . 201.19' 0.155 ACRE 1 R T• 120.6' CEE-9R E=ORE PC- 10+69.57 PROPERTIES COY of X� I i 179% ABA 2130612 PT. 12+]0.06 FONipN&WR6N0 lISt 060009325 TAX PNCTL 2119614 M. 030317953 I. I.GN�TORIFN & KPg0I ,COMFY THAT T16 NAl MEETS 6 Q,ALTH Op NOM =REM TE MINI=FW SWOARDS 6 IRE W OPOR N ExSppA 1f1iNR1FA O Av9i 2. THIS COMPILED PUT x05 PREPAI®m 5X0 154E TEMPORARY i COINTRULTRN I y. A 0/01 a PRELIMINARY'> BOONE/MY SURVEY OF Of PRCITEMY SOP =COL 3.TIE FThS N NPRUEMEIHS SNONI XFRECX ME POi 10OT PRG ECT (247 SOiL) I CHRISIOPN[. B. XANWS R IpOD-126-VI2.RM-202, PE-102. C-503, D-812. UPC#)6.T15 6 m12 p9 Ils. Ne. 2159 NS COMPILED PUT PREPARED ROM NI ACRN HELD 4l7�Q 4 0 . . YOl 8 SONEY BY ANDERSNI NA ASSOCIATES.N 2303 AND 2011. +o1.0 l2'�i `� 5. TIN COMM FAR INS PERFORMED WITHOUT PE BExERR 6 A EAST. RAY 51. 4 FAST. R/N TIRE WORT ND MAY NW SHOW NL ENCLIORINCES R10G1 MAY - ' U _ END SYRACUSE AVE MET THE PROPERTY SHORN HEREON. +IOW m 10TH STREET ----- SEA 124raJ6 COMPILED RAT OF 8 1 /a+wBSIRSN'E ImunES OF EOM) ARE NOT ------------------- ------- - ------- 0.006 ACRE TEMPORARY WO UMW 7. RAT OWN 15 BASED ON 1O0T PROJECT 3000-128-412.RW-202. SYRACUSE AYTNBE S „ ,E a 5 29•s•x CONSTRUCTION EASEMENT PE-102,C-503, D-612, WC#709. U000-12B-1/12,6 �RW-202 A R. & PROPOSED MOM MVP IEE£pl PER DES I III D109CE5 a AREA E PROW BY WOE SNEY LGjRICT. ------__ BEING GRANTED TO 1. 9. 0001 II?L ITINCI C tr sRAVIFD m mMNxRrnn, E""" Ewsr. R/w ' DOUG LAY SHOW COMMONWEALTH OF VIRGINIA NI 10.ALL a INS PROPERTY B 61P16m OF COY OF RO NCIR TAX _ �_ a2'-202,PE-lox. C-s0.), PROPERTY OF NOELS x13°613 v36 PROJECT PARCEL 201 d D-612, Wc/]o9 CRY OF ROANOKE, VIRGINIA NOELS ANDERSON S ASSOCIATES,INC. O 30 60 TAX PARCELS 2130613 '" QOQQPmMSgON Desgn Services Too Ardmore St SCALE IN FEET CRY CIF ROANOKE. nww'IA 9 WN v.xmeRaxmm iceMNN.vi.24000 I Scale I Data DnwIng No. YN91nh-NOXx Carolina-west Virginia 540.552.6592 INDEX No. B-29328 1'.30' 13 FEB 12 29376200 • • I I CINNE TABLE 016 \ ,�,§§... CURVE } RADIUS LENGTH TANGENT DELTA CHORD DIGTPN ORD D NG TAX PNBRL 2120315 \ TO-1/4, . 'aA, LILY OF REVOKE \ A6b1N CI 1050550' 23.565 11.783' 001'1707' 23.565 N M4Y01'E N/F D.B. 765.PC. AB `\ \ d) b• NELSON REED 0.1]8 N3E 7,738 B0. ET. \ tie. 02 376.760' 61.894 30.715' 00919'1]' 61226' S 361716'W TAX PARCEL 2120314 ( ) \ \ ,4y INST. 0003103761 WIIHN HEAVY LINES ,`. \ 3`" C. 03 56.810' 38.180" 19.790' 03711'49' 37513' S 5705551W SEE NOTE A \1 ,\\.p2, TEMPORARY Sc r \ +1 pT fONSMUCRON EASEMENT \' \T \ .J2 D.B. GEED N \\t ea: ACRES (591 SOF..) \• UNE TABLE PG. PAGE \�J: (SEE NOTE 11) =P r INST. WsRUMUff •� 95] LII t2 -9 ' y'S�� ` \ Q END FOUND �2� U1 5 �a VA �? UNE } LETU'IFI DIRECTION UNE } LENGTH DIRECTION N/F NDW OR'FORMERLY ien'\\`, _ ct $_L5-- "�� '\541 R/W RIGHT 06 WAY \'� LI 11.97 N 1.19'23'E I8 1699 N 2344'46'E EUSI. WSING1 \A``\ J -�-�-- � \ N 31.25'35 12 608 N 64'33'06 E L9 56.10 S 69130.5•E P. PROPERLY CORNER •,T. ` I.P. a - -� U 25.86 N 19'39'25' E LIO 6)44 510'30'21'W � -_- _ v� PROPOSED NOTE OF WAY ;" - -- __ T LSE 8.0.5 S BORO'J5' E L11 3.06 X 1.19'Z3'E 0.093 ACRES (4,055 SO.R.) -__ .Q.).. ._____ G ___ ________ _ _ __-- '-- ' (SEE NOTE 10) 42 LS 45.71 N 311535' E L12 99.13 N 3049'53'E m 1044 STREET 1.6 7.06 N want W L1] 106.10 N 1111'23-E __ PROJECT U000+128-V12,2, .I((S C G'3 ____ __ L] 4.12 N 18'09'16' W L14 53.04 S B21345' ERW-202, E 10 wRm S c] W $ 0", D-BIRUPCr09 S _ R = 114493.95 U00.-128-V12.RW-202 O �P ° 0016 DMA- 1729'57.77'(RT) �. g I. I, CHRSIOPHW B. ENNIS, CDROM TAT TI6 PUT MEER OR ERCEEDS THE MINIMUM PLAT STANDARDS D -S SY 11' I I. '- ` u PRELIMINARY> OF THE VA ED DPOR PUT MDSCCU PECUATO S. _--. T= 15697 R 2.MS COMPILED PUi WAS PRFPMED TO SHOW THE SURVEY OF KOOSNON AREA OF TAX PARCEL �, L= 311.39 2120315 NO DOES NOT CONSMUIE A BOUNDEN SURVEY OF ME PROPERLY SHOWN HEREON.MU R= 1,113.55' ( CHRISTOPHER B. KNEE INCLUDES PROPOSED RIBA OF WAY AND EASE MINT MEAS. PC = 116+48.42 '�. PI= 116148.42 8<. No.2359 J.11E PHYSICAL MPRN'FIAFNIS SHOW1 HEREON ME PER NCl PROJECT U000-I28-VIE. RW-202. iii ^ qap n PE-102. 0-503, D-612. UPCf709. TN6 IS NOT A PHYSICAL MPROMTNENT SURVEY. 4 `�\ - D ^ 4.DE COMNLED PUT HAS BEEN PREPARED FROM M ACTUAL FMB SURVEY BY ANDERSON MD '‘,545, ___- _ 7 ASSOCAIES, N 2003 MO 2011. 5.MS COMPILED PUT WAS',PERFgMED WRHOV1111E BENEFIT OF A TBE REPORT NO MAY NOT SNOW M . ENCU%RtNNES WHICH MAY MFECT ME PROPERTY SHOWN IEREON. COMPILED PLAT OF o 6. OVERHEAD MD/OR SUBSURFACE UNDIES(F DOSRNC)AE NOT SHOWN HEREON. ` 0.178 ACRE (CALCULATED) " 7. PUT OEM IS BASED ON MOT PROJECT WOO-128-412.RW-202, PE-102, C-501, D-6I2. UPC/709. b, 6 PROPOSED RAY AND WENDER SHOMI HEREON PER DESIGN FILE D)03D6 PROVIDED BY VOGT SALEM p,t 55 ACQUISITION AREA E OISIRCT. ''? BEING GRANTED TO 9. 0.178 ACM ACOUISMCN AREA BEING GRANTED TO COMMONWEALTH OF MRCIHU. COMMONWEALTH OF VIRGINIA 10. 0.093 At FE THE ma BEING GRATED TO COIMONWEALT OF NRONE '`,\` 11. 0.014 AOE TflWPME WIEIRCIOI EASEMENT SEINO CRANED TO WMMOIWELLM OF SINN. PROPERTY OF 11.ALL Of Mrs PRIPERIY 6 COMPRISED OF CRY OF ROANOKE WI PARCEL 2120315 VDOT P CT CRY OF ROANOKE IN PARCEL 038. 0 30 60 TAX PARCEL 2120315 ANDERSON&ASSOCIATES,INC. SCALE IN FEET CITY OF ROANOKE, VIRGINIA Professional DesIIAm Services 100ANmare St REVISED: 19 JM 12 Scale Dote Drawing No. A. Q wu^w.anhassx. Blacksburg,Va.24060 29 SEP 17 293]fiWB S Nrginia-NOOK Camina-Wesl Virginia 510-552-6592 INDEX No. 8-29376 ➢ Mar The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -- ECONOMIC DEVELOPMENT ADMINISTRAT NOiICEOFPUBLIC 117 CHRUCH AVE SW Pursuant to the ROANOKE VA 24011 HARING 5egOlrem ante of The City of Roanoke 035.21800 and 1813, proposes to convey the de of Virginia(1960)as following property interests: enaet,notice Is hereby to the Virginia Department 41 iM1N ine City Cnunc of Transportation PVDGr) i ine Clty m Ranoke will a parcel of City-owned laid a WMN n.Wngo^dot property designated ofan teller Tax .bow mamrat Rs copular REFERENCE: 80084300 Map No.2120315 in fee eeting to be held simple without further Monday. December ii, 13183416 NPH-Conveyance of pr monetary consideration;a 2012.commencing at T:OO permanent drainage p.m.. In the Council asement and permanent Chambers,4th Floor,Noel State of Virginia traffic control easement C.Taylor Municipal Building, 9 c a City-owned parcel 215 Church Avenue,a. , City of Roanoke acmes o.Tax Map No. Roanoke.Virginia,24011. 3160105 for the sum of Further information Is 91.360.00; temporary available from the Office of construction easements the City Clerk for the CM of I, (the undersigned) an authorized representative CID-owned parcels Roanoke at 1640) d gi`at Tax Map Nn. 85&2gaL of the Times-World Corporation, which corporation 2130613,2190814,and Citizeins shall have the 2130015 without further opportunity to be Mani and is publisher of the Roanoke Times, a daily onetary consideration: express their opinions on and and temporary said matter. newspaper published in Roanoke, in the State of construction easement, you an a Pa Pal Parson ma across Cit y-owned parcel dtabuuy who needs Virginia, do certify that the annexed notice was dVesig( nnatedas Tax Map No. emrnodations for thls 2060828,1 Cher MN an Mann&pleaxwnted the published in said newspapers on the following option for VOOoTT to mediae city Clerk's(Mice at(540) dates: approximately lo se N.ofd portion of this w la � 853-2541,before 12:00 noon on Thursday. simple,for the sum of December 13,2012. $300.00;In order for such GIVES under my hand this p emit rties to be emit day of December,2012. VOOT as rights of way for Stephanie k mnaintenantce construction, operation or a public (13183418). ' City/County of Roanoke, Commonwealth State of transportation facility, Y/ Y / specifically. mpeove lr.me 10th Street !mpovement Project,State Vir k4a. Sworn and subscribed before me this Highways. drol t I a of December 2012. Witness my hand and O 1roving10 20, Y Y by Improving 10th Street official seal . from Orange Avenue to Williamson Road. The \ conveyances l ompoinents A� .w,�„ _ Notary Public thereof,including,but not limited to,construction and / maintenance of storm Ill water management systems, „,brit: curbs,gutters,sidewalks and hike lane.. Further.to p,P.N D'. • Properties may be used for the relocation,installation. I improvement PUBLISHED ON: 12 07 4/0>. maintenance of a utility I / A. uMCe provided gepublic ,nllty molder. j , : • TOTAL COST: 350.08 u RP FILED ON: 12/19/12 • + Authorized Signature: E/.e4 .,A4r/ A' d , Billing Services Representative• if �2‘c NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey the following property interests to the Virginia Department of Transportation ("VDOT"): a parcel of City-owned property designated as Tax Map No. 2120315 in fee simple without further monetary consideration; a permanent drainage easement and permanent traffic control easement across a City-owned parcel designated as Tax Map No. 3160105 for the sum of $1,350.00; temporary construction easements across City-owned parcels designated as Tax Map Nos. 2130613, 2130614, and 2130615 without further monetary consideration; and a temporary construction easement across City-owned parcel designated as Tax Map No. 2060828, together with an option for VDOT to purchase approximately 70 sq. ft. of a portion of this parcel in fee simple, for the sum of$300.00; in order for such properties to be used by VDOT as rights of way for the construction, maintenance and/or operation of a public transportation facility, specifically, the 10th Street Improvement Project, State Highways Project U000-128-V12,RW202/203, by improving 10th Street from Orange Avenue to Williamson Road. The conveyances shall also include any components thereof, including, but not limited to, construction and maintenance of storm water management systems, drainage systems, traffic control equipment, curbs, gutters, sidewalks and bike lanes. Further, the properties may be used for the relocation, installation, improvement or maintenance of a utility service provided by a public utility provider. Pursuant to the requirements of §§15.2-1800 and 1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, December 17, 2012, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at(540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540) 853-2541, before 12:00 noon on Thursday, December 13, 2012. GIVEN under my hand this 4th day of December , 2012. Stephanie M. Moon City Clerk Bill goes to Economic Development P11 conveyance to VDOT&casements to VDOT111th St Improvement Project.12-17-2012.final 1.doe Notice to Publisher: Publish once in the Roanoke Times on Friday, December 7, 2012. Send affidavit to: Send bill to: Stephanie M. Moon, MMC, City Clerk Cassandra Turner 215 Church Avenue, S.W., Room 456 Economic Development Specialist Roanoke, Virginia 24011 117 Church Avenue, S. W. (540) 853-2541 Roanoke, Virginia 24011 (540) 853-2715 NPH-Conveyance of pnapeny-VDOT doe ,r CITY OF ROANOKE )fi OFFICE OF THE CITY CLERK _— 215 Church Avenue,S.W.,Suite 456 4 �� Roanoke,Virginia 24011-1536 't - Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT Deputy City Clerk City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 18, 2012 Joyce B. Epperly 437 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Epperly: Your Petition for Appeal of a decision of the Architectural Review Board with regard to a Certificate of Appropriateness to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S. W., which is not consistent with the H-2 Guidelines, was before the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 2012. Based upon evidence (testimony and documents) presented at the Council meeting, the matter was remanded back to the Architectural Review Board for further negotiation. Sincerely, i Stephanie M. Moon, MMC City Clerk pc: Christopher P. Morrill, City Manager Ann H. Shawver, Director of Finance Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Jillian Papa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board ■ SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO WRAP THE EXISTING SOFFIT AND FASCIA BOARD IN ALUMINUM AT 437 WASHINGTON AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing,I move that the decision of the City of Roanoke Architectural Review Board on October 11, 2012, be affirmed and that no Certificate of Appropriateness be issued to allow the Applicant to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W.,as set forth in the Application for Certificate of Appropriateness on the ground that the proposed installation and location are not architecturally compatible with the structures or historic landmarks in the H-2 District." Or SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO WRAP THE EXISTING SOFFIT AND FASCIA BOARD IN ALUMINUM AT 437 WASHINGTON AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on October 11, 2012, be reversed and that a Certificate of Appropriateness be issued to allow the Applicant to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W., as set forth in the Application for Certificate of Appropriateness on the ground that the proposed installation and location are architecturally compatible with the structures or historic landmarks in the H-2 District." MOTIONS- 437 Washington Avenue, SW.doc 'VW". PLANNING BUILDING AND DEVELOPMENT Noel C.Taylor Municipal Building 215 Church Avenue,SW,Room 166 Roanoke,Virginia 24011 R OA N O K E 540.853.1730 fax 540.853.1230 planning @roanokeva.gov December 17, 2012 Honorable David A. Bowers, Mayor Honorable Court G. Rosen, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael "Ray" E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Appeal of decision of the Architectural Review Board (ARB) to deny the issuance of Certificate of Appropriateness No. 120062 for 437 Washington Avenue S.W. Background: The H-2, Historic Neighborhood District provides that ordinary maintenance or in- kind replacement with the same materials, proportions, and design does not require a Certificate of Appropriateness. In such cases, the ARB Agent authorizes such work by having the owner or contractor complete a simple "In- Kind Replacement/Repair Form." The owner or contractor provides a statement of the work to be performed, and is released to proceed (and get a building permit if necessary). On March 2, 2012, Ms. Epperly completed an In-Kind Replacement/Repair Form to reline the existing hidden gutters and to replace downspouts at 437 Washington Avenue, SW. Staff reviewed the proposed work, determined that no Certificate of Appropriateness would be required, and authorized Ms. Epperly to proceed with the work. (Attachment A) On March 12, 2012, a Code Compliance Inspector observed work beyond the scope of the In-Kind Approval Form. A worker was applying metal siding over the wood soffit and fascia. Approximately 75% of the soffit and fascia had been covered. Both the worker and owner were advised immediately that the work being performed was not as stated on the In-Kind Replacement/Repair Approval. The work being performed constituted a change in the design of the soffit and fascia and therefore would require a Certificate of Appropriateness requiring approval by the ARB. Proceeding with the work without a COA constituted a violation of the zoning ordinance. Corrective action would be to either remove the metal siding or obtain a Certificate of Appropriateness (COA). Staff advised the property owner that application of metal siding over historic wood details directly conflicts with the H-2 Guidelines. On March 16, 2012, the property owner submitted a COA application for the installation of metal siding over the existing wood soffit and fascia board on the second story of the residence. Ms. Epperly first appeared before the ARB on April 12, 2012. ARB members expressed concern that the request was not consistent with the Architectural Review Guidelines. At Ms. Epperly's request, the ARB tabled the application to allow Ms. Epperly to work with staff on completing and submitting an application for assistance from Rebuilding Together' to remove the metal siding and repair the wood soffit and fascia. The original application (dated March 16, 2012), staff report and meeting minutes are enclosed as Attachment B. On April 25, 2012, Barbara Botkin, ARB Member, and Jillian Papa, ARB Agent, met with Ms. Epperly on site at her request to discuss the technical aspects of the project. At this time, Ms. Epperly indicated that she obtained an estimate from another contractor to remove the metal siding material and that would repair the underlying wood as needed to comply with ARB Guidelines. On May 1, 2012, Ms. Epperly met (at her request) with Tom Carr, Planning Building & Development Department Director, Chris Chittum, Planning Administrator, Jeff Shawver, Building Commissioner, and Jillian Papa, ARB Agent, to discuss possible resolution. The consensus was that Ms. Epperly would need to either have the aluminum material removed or obtain a COA. On June 4, 2012, the Code Compliance Inspector observed that the remainder of the fascia and soffit had been wrapped with the aluminum material. The Code Compliance Division issued a Notice of Violation (Attachment C). In response, Ms. Epperly decided to seek a COA and appeared before the ARB on July 12, 2012 (COA application (dated July 9, 2012), staff report and meeting minutes are enclosed as Attachment D). Ms. Epperly indicated that the remaining portions of soffit and fascia board were wrapped in aluminum siding, but agreed to table the application in order to continue to seek alternative funding sources to remove the metal siding and repair the underlying wood material. Rebuilding Together is a non-profit organization which provides home maintenance for low- income, elderly or disabled homeowners, Staff contacted Rebuilding Together (at Ms. Epperly's request) to inquire about the status of the application for assistance. Staff was informed that the project, since it had been completed, no longer aligned with the organization's mission to ensure that citizens have a safe, warm and dry living environment. Ms. Epperly requested the ARB table the application from the August 9, 2012 agenda, since she had not received a formal letter from Rebuilding Together. The letter summarizing their decision, dated August 28, 2012, is enclosed (Attachment E). On October 11, 2012, Ms. Epperly appeared before the ARB for the third and final time with the request for approval of installation of metal siding over the wood soffit and fascia. During the public comment portion of the discussion, Ms. Joel Richert, 415 Allison Avenue, S.W., testified that the Board of Old Southwest Inc. offered to assist Ms. Epperly with the necessary repairs to the soffit and fascia. Ms. Epperly confirmed that she received their offer and indicated that she had met with Ms. Richert to discuss the proposal in greater detail. The parties could not come to a consensus on terms of an agreement. The property owner requested a vote from the ARB on the COA. The October 11, 2012 meeting minutes and staff report is enclosed as Attachment F. The ARB, by vote of 0-6, denied the COA request. The ARB determined that the installation of metal siding over the existing wood soffit and fascia was inconsistent with the H-2 Architectural Design Guidelines for Siding (Attachment G). The original profile of the fascia had architectural detailing that was obscured by the applied aluminum wrap as shown in the attached photographs (Attachment H). Ms. Epperly was notified in writing of the COA denial and her right to appeal to City Council by letter dated October 16, 2012 (Attachment I). Ms. Epperly, represented by Mr. Jennings T. Bird, filed an appeal of the ARB's decision on November 7, 2012 (Attachment J). Considerations: City Council established the ARB with the stated purpose of protecting designated historic properties against destruction or architecturally incompatible buildings and structures. The ARB's review criteria are based on the standards set forth in the Zoning Ordinance, and, where applicable, its adopted Architectural Design Guidelines (Guidelines). The Guidelines adhere to the Secretary of Interior's Standards for Rehabilitation, which are federal criteria for appropriate treatment of historic buildings and contexts. The H-2 Guidelines for siding are relevant to consideration of this application. Staff and the ARB cited these specific sections: "Identify and keep the original exterior siding materials as well as any unique siding. Important character-defining features include decorative shingles, texture, pediments, cornices and frieze boards, beaded or novelty boards, architrave moldings, and examples of quality craftsmanship." (Siding) "Do not replace sound historic siding with new materials to achieve an `improved' appearance." (Siding) "Protect siding form water damage by repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood." (Siding) "Replace missing siding using established preservation techniques, such as patching or piecing in. Materials should conform exactly to the original in size and shape, color and texture, and joint and weatherface exposure." (Siding) "Replace missing wood elements by using identical ones taken from an inconspicuous location, such as the rear or side of a building. Replace the borrowed elements with newly fabricated ones of the same design." "Do not replace missing siding with new siding that is incompatible with the remaining materials." "The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration." (Siding) The installation of metal siding over the existing wood soffit and fascia board obscures original, character-defining features and examples of quality craftsmanship, and will accelerate the rate of deterioration of the historic materials by trapping moisture between the two materials. Additionally, replacement with new materials, such as aluminum, to achieve an "improved" appearance is explicitly discouraged in the H-2 Design Guidelines for Siding as stated above. Please find a copy of the complete case file COA120062 enclosed for your review. During the April, June, and October 2012 meetings, the ARB empathized with the challenges Ms. Epperly faced in finding a reliable, reputable contractor to complete the work. The ARB members offered to meet with the property owner on site to provide further consultation on the project. Staff worked with the property owner to find financial assistance to complete the project in a manner that conforms to the H-2 Design Guidelines. We feel that the ARB and ARB Agent exhausted every potential avenue to assist the applicant, without compromising our mission to apply the Design Guidelines equally and objectively. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness to permit the installation of the metal siding over the wood soffit and fascia board. Sincerely, Derek B. Cundiff, Chair Architectural Review Board cc: Christopher Morrill, City Manager Daniel J. Callahan, City Attorney Steven J. Talevi, Assistant City Attorney Brian Townsend, Assistant City Manager Chris Chittum, Planning Administrator Jillian Papa, Agent, Architectural Review Board Enclosure: COA120062 0 ATTACHMENT A Application for In-Kind Replacement & Repair lir711110 This form is to be used for work not requiring ARB approval. PLEASE POST ON SITE ONCE APPROVED. ..4011111/ 4414 Date of Application I I Submit by Email I I Print Form I ®/�N Q K rnAcc.kAt%ot2 E Site Address M 1,64,516 N q 1.06 4 Je. 5 .w . & o Ke l t1A . 4p / 4. Property Owner: Name: I _________ ...., oki ,t L . k irr Ly Address: ( a.to it,\14 4 LANE City: I L State: Y`C9c� v , �� vvq Zip Code: 1 a q L fis Phone Number: ( f E-Mail: R pArP L ERK;,v1 & Lt_ii6-12S ( R6 �. 1 �Jt , !� �,�� L. i4C Brief Project Q o uS N 5 ?0 u'�S i �' (NJ A. �1 j Description: �� nLT 4� ' °ijS lv EEC� &� (Work not requiring ARB approval includes painting and ordinary maintenance activities and replacement of porches,stairs, awnings, roofing materials, windows, or other similar modifications to an element of a building,structure or landmark, where materials of the same design are used and the architectural defining features of the structure are maintained.) Submittal Checklist: ( A completed application. P/Photograph(s)of existing condition of the feature(s)proposed for repair or replacement(please provide as attachment). Certification: I hereby certify that the exterior work to be undertaken on this property will be done as described above and will be limited to the described maintenance and in-kind replacement. Signature of Property Owner:FX £ 0 Date: I j'4o. L 2.f„.?0/2,Department of Planning Building an Development ARB Agent Room 166, Noel C.Taylor Municipal Building Erica Taylor,City Planner II 215 Church Avenue, S.W. Phone: (540)853-1522 Roanoke,Virginia 24011 E-mail: erica.taylor @roanokeva.gov Phone: (540)853-1730 Fax: (540)853-1230 Section Below to be Completed by Staff rOther approvals needed: Tax Parcel Number: I I 0 2:1671-13 t— Zoning Permit Base Zoning District: em, (` Building Permit Overlay Zone: lA -2-- P Other Approved: Agent,Architectural Review Board: '�r\-- Date: • •11; • • t r 9E1 r). ??N- ' ti, , t .. Fie rs- . �ay� 3 .... ,!r -.3 . ,..&_--- T Q a t, 't4(R' 1 6 • _ - , . • t- '"• -',1.`; , ,• 1•:-- • . • ATTACHMENT B CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD April 12, 2012 MINUTES The regular meeting of the Board was held on Thursday, April 12, 2012. The meeting was called to order at 5 p.m., by Derek Cundiff, Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Alison Blanton Barbara Botkin Aaron Copeland Derek Cundiff Warner Dalhouse Mary Dykstra John Fulton Others Present: Chris Chittum, Planning Administrator Candace Martin, Secretary Jillian Papa, Preservation Planner Steve Talevi, Assistant City Attorney The following items were considered: 1. Consent Agenda: C1. Approval of March 8, 2012 Minutes and Administrative Approvals C2. Request from 611 Jefferson, LLC, to install two adhesive window signs, one adhesive door sign and one aluminum wall mounted sign measuring 47" x 96" at 611 Jefferson Street, S.W. Ms. Dykstra made a motion to approve the consent agenda. Ms. Botkin seconded the motion and the consent agenda was approved by a roll call vote of 7-0, as follows: Mr. Dalhouse-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Fulton-yes Mr. Cundiff-yes 2. Request from the Man Li Yang, represented by Alvin J. Everett, for the installation of horizontal vinyl siding over the existing plywood to match the front of the building located at 433 Janette Avenue, S.W. Architectural Review Board Minutes April 12, 2012 Page 2 Mr. Everrett appeared before the Board and said the apartment building had problems in past and they had been working on it for a year and half to bring it up to code. He said they had worked on the siding in the front and replaced it with new siding because it was cracked and chipped off. He said on the back, there was nothing but plywood and they put another layer of plywood over it. He said the vinyl siding would make it look better and the siding would match what was existing in the front of the house. Ms. Papa said staff approved the application as it complied with the guidelines for siding. She said the proposed material was compatible with the existing siding. Ms. Botkin said she agreed with staff comments. Mrs. Blanton made a motion to approve the application. Mr. Copeland seconded the motion and the application was approved by a roll call vote of 7-0, as follows: Mr. Dalhouse-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Fulton-yes Mr. Cundiff-yes 3. Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Ms. Joyce Epperly appeared before the Board and said when the big snow came in February, the water was pouring down the side of house. She said she had a friend that knew someone who did gutter work. She said the gutters had been patched, re- patched and tarred but had to be replaced. She said lots of metal and patchwork had been done to the gutters. She said the contractor had replaced most all gutters except the left side. She said the front was finished and one gutter at the top stuck out and that's where the contractor stopped. She said the contractor replaced the wood and extended the metal out. Mr. Cundiff asked if the concealed gutter replacement was on the upper most roof level or did it include the smaller area in back and the front porch. Ms. Epperly said it was the upper and lower areas. She said photos were taken before the men started work. She said the material just crumbled. She said the gutters had not been repaired since 1915. She said it was really unexpected for her to have to do this. She said all the work had been done except one spot. Mr. Cundiff asked Ms. Epperly if she was replacing the downspouts. • Architectural Review Board Minutes April 12, 2012 Page 3 Ms. Epperly said yes. Mr. Cundiff asked if the gutter on the lower porch roof had been replaced. Ms. Epperly said he did not replace anything on the lower porch roof. She said square gutters were there and she wanted to replace them with round gutters to 3 match. She said there were four square gutters towards the front and the others were round. Mr. Cundiff said it looked like 75 percent of the work was done. Ms. Epperly said pretty much. She said the contractor told her it would take 4 to 6 hours to finish the job if allowed to do so. Mr. Cundiff asked for public comments. Ms. Joel Richert, 415 Allison Avenue, S.W., said in the summer of 2005, she worked on the house through a City grant and repaired the front porch floor. She said the workshop granted improvements for older homes. She said vinyl covered gutters would produce leaks from water getting behind. She said she worried about things covered with vinyl and aluminum. She said there were other ways to get help through grants or money application that would work that would make the house remain outstanding. She said she would encourage Ms. Epperly to work with Ms. Papa for a solution. Ms. Papa said staff could not support the request as it did not comply with the H-2 Guidelines for Siding. She said the alteration would obscure character defining features and the proposed alteration will accelerate deterioration by trapping moisture underneath. She said staff would like to work with applicant to meet the guidelines with like material. Mrs. Blanton asked if the hidden gutters had been repaired. Ms. Botkin said it did not appear to have hidden gutters or they were covered up with metal. Ms. Papa said the application originated as an in-kind repair to gutters and resulted in full decking and wrapping. Mr. Cundiff asked if it was a gutter situation. Ms. Papa said in the pictures she saw, it appeared to be flushed with downspout. Mr. Cundiff said there were so many layers of goop. Mr. Talevi asked Ms. Papa if they were installing exterior gutters. Architectural Review Board Minutes April 12, 2012 Page 4 Ms. Papa said no. She said the scope of work applied for was a wrapping of the soffit and exterior fascia. Mr. Cundiff said the in-kind replacement started repairing gutters and now work has been extended to wrapping the entire fascia with same aluminum area and soffit with original material at the gutter level. Ms. Blanton asked if the contractor was replacing rotten wood. Ms. Epperly said when taking the gutters up, they crumbled and underneath was rotten wood like in the pictures. She said her contractor told her it would be rotten wood and that would cost extra. Ms. Botkin asked if he replaced the rotten wood he took out with new and put metal on top. Ms. Blanton asked if all the rotten wood had been replaced with new. She asked if there was a good surface under the metal wrapping. Ms. Epperly said her contractor scabbed it in. She said he extended the metal out where it was but did not replace all wood just the pieces that were bad. She said removing all the work would be like opening a can of worms. Mrs. Blanton said she assumed when the contractor scabbed in wood, it was not necessary done to be finished surface Ms. Epperly asked the Board if they had the pictures from the neighborhood. She said the houses in same block were repaired or fixed similar to her house. She said her house would fit right in with the homes in the neighborhood. Ms. Botkin said in a lot of cases things happened to other houses before the Architectural Review Board was around or they were done inappropriately. Ms. Epperly said the houses looked fairly recent so they were done inappropriately. She said when they told her to stop she stopped the work. Ms. Botkin said based on the staff report and photos the Board had seen, it was not an application they would typically support. She said they did not want to see something already deteriorating covered up to collect more deterioration over the years. Ms. Epperly said she did not think that was the case. Ms. Botkin said it was hard to tell what was there and hard to decide with new picture, how the top was finished. She said it looked like he was trying to create a new gutter to drain to the downspout. Architectural Review Board Minutes April 12, 2012 Page 5 Ms. Epperly said nothing was done to the top board. Ms. Botkin said there were two pieces of trim board that were a bend on a new profile. Ms. Epperly said she couldn't really say and could not remember. She said her contractor showed her the metal and rotten wood. Ms. Botkin said her concern was that it was concealed off correctly and if water could get in behind and create more problems down the road. Ms. Dykstra said Ms. Botkin was correct. She said she was sympathetic to Ms. Epperly's situation. She said maybe Ms. Richert and Ms. Papa could offer assistance. She said it was tough for Board to hear the application and uphold the guidelines. Ms. Botkin said the plus was if they finished off top, that they did it in such a way the Board would have normally approved, she said the front covering of fascia was the issue. Ms. Epperly asked if she was talking about the back of the house. Ms. Botkin said yes. She said there was an enclosed addition that looked like a porch. Ms. Epperly said nothing was done in the back. Mr. Cundiff said given that there may be an opportunity for outside assistance in the process of replacing or putting aluminum over fascia and soffit, he asked Ms. Epperly if she was in agreement to table the application for one month and have Ms. Papa go out and take a look. He said he wanted to make sure the interim work was protected and water tight. He said he wanted to find out how much work was done to repair the fascia and soffit and the attachment method, He said the Board needed more information on how the work was done. He suggested the Board reconvene on the issue next month. Ms. Epperly said she would be happy to do that. She said Ms. Papa had been very good to guide through. Mr. Dalhouse asked Ms. Papa if it would be helpful to get hold off the contractor on the job. Ms. Papa said the contractor had been hard to get hold off. Ms. Epperly said the contractor was under so much stress from family issues. Mr. Dalhouse said it was hard to know what he had done unless he was asked. Architectural Review Board Minutes April 12, 2012 Page 6 Ms. Epperly said he had done everything on right side and in front of house. Ms. Botkin said Mr. Dalhouse wanted to know what the contractor removed and patched. Mrs. Blanton said if it came to point where all the wrapping had to be removed they want to know what the situation was underneath and how much could be used. She said she was trying to a feel of how much work could still stand and follow guidelines. Ms. Epperly said she had a friend that could find out what was under the gutters. Mr. Dalhouse said it was hard to tell what had been done. He asked if all the wood had been replaced underneath the gutters and if the contractor was interested in coming back to do work. Ms. Epperly said the contractor said he should have finished but was not certain if it was weather tight. Mr. Dalhouse said it was his opinion to table the application. Ms. Epperly said she was strapped for money. Mr. Cundiff said there was no problem with the installation on the horizontal surfaces. He said the contractor could complete the shingle work. He said the work down the side and soffits was in question. He said tabling the application and letting the Board learn about what's been done would get questions answered. Mrs. Blanton said maybe the worker would be available if the contactor was not available to meet with staff. Mr. Cundiff said the below dormer at top two or three rows of shingles not put back on, flashing lines the horizontal gutter would extend under the shingles. He said he was fine with replacing the shingles. Mrs. Blanton made a motion to table the application. Ms. Dykstra seconded the motion. The application was tabled by a roll call vote of 7-0, as follows: Mr. Dalhouse-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Fulton-yes Mr. Cundiff-yes CITY OF ROANOKE AGENDA ITEM IV.B. PLANNING BUILDING AND DEVELOPMENT . /;; • , 215 Church Avenue,S.W.,Room 166 .ay cam Roanoke,Roanoke,Virginia 24011 s 1[1 )fc. Telephone: (540)853-1730 Fax: (540)853-1230 ��� E-mail: planning @roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission April 12, 2012 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Background The structure at 437 Washington Avenue, S.W., was built circa 1910 and is classified as a contributing to the Old Southwest Historic District. Located within the Historic Neighborhood Overlay (H-2), distinguishing features of the 2 1/2 story brick dwelling include a hip roof, gable dormer and three-bay front porch with square brick columns. On March 2, 2012, staff approved an In-Kind Replacement/Repair Form to reline hidden gutters and to replace downspouts if needed. On March 12, 2012, a Code Compliance Inspector observed work beyond the scope of the In-Kind Form. A worker was applying metal over the wood soffit and fascia. Both the worker and owner were told that the work was beyond the scope of an In-Kind Replacement/Repair form and could not continue in the absence of a Certificate of Appropriateness. It should be noted that staff encouraged both the worker and property owner to ensure that the hidden gutters were weather-tight. The owner was advised that staff was likely to not be able to support the application, citing a direct conflict with the H-2 Guidelines. Staff indicated that the owner would need to either remove the metal covering or apply for a Certificate of Appropriateness. Findings: The H-2 Architectural Design Guidelines for Siding recommend: Retaining Existing Siding • Identify and keep the original exterior siding materials as well as nay unique siding. Important character-defining features include: decorative shingles, texture, pediments, cornices and frieze boards, beaded or novelty boards, architrave moldings, and examples of quality craftsmanship. • Do not replace sound historic siding with new materials to achieve an "improved" appearance. Preventing Deterioration • Protect siding form water damage by: repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood. Repairing Damage • Repair cracks and splits by gently opening them, removing debris, and sealing with a waterproof glue. • Consider using epoxy consolidants to rebuild deteriorated elements. • Repair deteriorated siding using established preservation techniques, such as patching or piecing in. Materials should conform exactly to the original in: size and shape, color and texture, and joint and weatherface exposure. • Replace missing wood elements by using identical ones taken from an inconspicuous location, such as the rear or side of a building. Replace the borrowed elements with newly fabricated ones of the same design. • Do not replace missing siding with new siding that is incompatible with the remaining materials. New, Replacement, and Substitute Siding • The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration. The proposed alteration does not comply with the H-2 Guidelines for Siding; it will obscure original, character-defining features and examples of quality craftsmanship, and accelerate the rate of deterioration of the historic materials by trapping moisture between the two materials. Additionally, the historic siding is sound; as there has been no evidence submitted to suggest otherwise, replacement with new materials to achieve an "improved" appearance is not recommended. Design Application Review Committee comments: • Provide photographs of completed work, product information and justification. Staff spoke with the applicant. Mrs. Epperly will provide the additional materials prior to the hearing. Staff Comments: Staff cannot support the request, as it does not comply with the H-2 Guidelines for Siding. ff,l) __- Jillian Papa, Agent Tt' 4.5 H-2, Historic Neighborhood Overlay District A pp lication for Certificate of Appropriateness , �ti Date of Application I 3/15/I O ROA v O K E Site Address I Li 31 W As t oh) A OE S . w Property Owner: { Name: I Joke 13. Ep p E r 1.,y Address: 12 10 /4W-4A G W Z. AN City: I f co L471 tJ 1 LL k State: I ✓ Zip Code: I ALI /7S Phone Number: I(5 L t7) (37a. _1,,S-3 Z E-Mail: Owner's Representative(if applicable): Name: I Address: I City: I State: I Zip Code: I Phone Number: I E-Mail: Application Prepared By: I Current Use: r Single-Family r Two-Family(Duplex) r Multifamily f Townhouse E Commercial If Commercial,Describe Use: I Project Type: r Roof f Porch f Windows and Doors I—" New Construction r Signs r Walls and Fences r Parking and Paving r Demolition r Other: *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines;otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signature of Property Owner:I � Date: I 3 ) 1 G !A01 Section Below to be Completed by Staff Certificate Number: Approval By: RB r Agent Other approvals needed: Tax Parcel Number: I ) ' )9 )' r Zoning Permit r BZA/Planning Commission Base Zoning District: I �M 1 r Building Permit r Other Agent,Architectural Review Board: I Date: I Member,Architectural Review Board: I Date: I Form updated 12/11 Page 2 of 3 H-2, Historic Neighborhood Overlay District Detailed Project Description ■Nif ROANOKE Site Address: I Y V ��(� y\ /&S r J Property Owner: ( JOICt p- Y . - ,l i / I / I / f fl fk us ►' LL sw11 • res Friar } o 11E04' 1N5r tlrr; L, /2/ ZotZ. ` J o r fr l4 ALT RC AI tit,pL.A, NT w74s Lunni nl L.. nt G0-0ew 0-44' hZ1act 1n76TraLLCA ,aN F/451-:(4 4. SO F' P1 4s . Project Description: Additional information to be submitted: Photographs r Site Plan T Elevation Drawings Sample, Photograph,or Catalog Pictures of Proposed Material E Other: Form updated 12/11 Page 3 of 3 ATTACHMENT C Planning Building& Development AIP ■II.Ilril.IIIII Code Enforcement Division Noel C. Taylor Municipal Building 215 Church Ave SW, Room 312 ROA N O K E Roanoke, Virginia 24011 June 4, 2012 Certified Mail No: 7012 1010 0001 7320 5279 and regular mail ZC120430 EPPERLY JOYCE 210 ANTHONY LN TROUTVILLE, VA 24I 75 Dear EPPERLY JOYCE: Subject: 437 WASHINGTON AVE SW Property Zoning: RM-1 A recent inspection of the above-referenced property has determined that there exists a violation of the Code of the City of Roanoke (1979), as amended, in regards to: 36.2-331(c)Historic Neighborhood Overlay District(11-2). Certificate of Appropriateness. In the H-2 Overlay District,a Certificate of Appropriateness shall be required for the erection of any new structure,the demolition, moving, reconstruction,alteration, or restoration of any existing structure or historic landmark, including the installation or replacement of siding, or the reduction in the floor area of an existing building, including the enclosure or removal of a porch. A Certificate of Appropriateness shall not be required for ordinary maintenance, as defined in Section 36.2-530 (b)(4), or in-kind replacement with the same materials,proportions,and design. The Zoning Administrator, in consultation with the Agent to the Architectural Review Board, shall determine whether an activity requires a Certificate of Appropriateness. Metal wrap of soffits, eaves and trim is a non-approved material in the Historic District. You must remove this material or apply for a Certificate of Appropriateness within 10 days. Failure to do either will result in Legal Action In order to avoid further action by this department,the violation must be removed or corrected within 10 days of receipt of this letter. If you are aggrieved by this notice of zoning violation and order to comply with the above-cited Code provision,you are hereby notified that you have the right to appeal this order to the City of Roanoke's Board of Zoning Appeals within 30 days of receipt of this letter. If not appealed within 30 days the Zoning Violation and notice to comply shall be final. The filing fee is$250 plus the cost of the legal advertisement for the public hearing. Thank you in advance for your diligence in promptly correcting these violations. If you have any questions about this matter, including the appeal process, please feel free to contact this office at (540) 853-2344 between 8:00 a.m. and 5:00 p.m. Monday through Friday. Sincerely, 0...RA4444, Cise.pitiir Christopher Boehling Codes Compliance Inspector ATTACHMENT D CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD July 12, 2012 MINUTES The regular meeting of the Board was held on Thursday, July 12, 2012. The meeting was called to order at 5 p.m., by Derek Cundiff, Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Alison Blanton Barbara Botkin Aaron Copeland Derek Cundiff Warner Dalhouse Mary Dykstra John Fulton Others Present: Candace Martin, Secretary Jillian Papa, Preservation Planner David Collins, Assistant City Attorney The following items were considered: 1. Consent Agenda: C1. Approval of June 14, 2012 Minutes and Administrative Approvals C2. Request from Jim Haynes, on behalf of the owner, Kevin Kittredge, to remove a pair of windows and install a door accessing a new deck, landing and stairs at the rear of the property located at 363 Woods Avenue, S.W. (Unit B). C3. Request from RTDD, LLC, to install a metal hanging sign with wrought iron bracket at 10 Campbell Avenue, S.E. C4. Request from Ruth Allaire, to remove a door and install a double-hung wood window measuring 28"x52" at the second story of the rear of the property located at 1017 Ferdinand Avenue, S.W. C5. Request from SPON, LLC to replace the exterior stairs and landing accessing the second story of the structure located at 914 4% Street, S.W. (419 Highland Avenue, S.W.) C6. Request from Jeffrey Karr, represented by McCoy Darby, to remove and replace the stairs on the rear porch in-kind, install new handrails and guards to comply with building code, install lattice on the west elevation of the porch at the rear fluted wood columns on the front porch located at 368 Walnut Avenue, S.W. Architectural Review Board Minutes July 12, 2012 Page 2 Mrs. Blanton made a motion to approve the consent agenda. Ms. Dykstra seconded the motion and the consent agenda was approved by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Dalhouse-yes Mr. Copeland-yes Mr. Cundiff-yes 3. Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Mr. Cundiff said he understood that Ms. Papa and Ms. Botkin had been out to the property and asked Ms. Epperly to bring the Board up to date on what had transpired since April. Ms. Epperly said she had a letter and presented it to the Board. She said she had numerous discussions with Ms. Papa, Mr. Tom Carr, Mr. Jeff Shawver, and Mr. Chris Chittum. She said they had discussions about the work done on Washington Avenue. She said she got a second opinion. She said Mr. Chitwood would not remove the work without additional charges. She said she got a second estimate from Mr. Brian Barnett and he quoted $4,100. She said she did not have the money to take it down. She said he told her to get something done about finishing the work or water would be running down inside the walls. She said it was the end of May when Mr. Barnett came out. She said this had been ongoing since March 15, 2012. She said she was stressed out over it because it cost too much money to take it down. She said she decided to let Mr. Chitwood finish the job. She said it was a day's work and he put the shingles back on and covered up the rest. She said she made the right decision due to the right side of the house had water pouring down inside the brick and he had to replace the wood. She said he also put a new downspout on. She said she was not being defiant to the Board but was concerned about damage being done to the house. Mr. Cundiff asked for staff comments. Ms. Papa said staff made attempts to work with applicant to comply with the guidelines and always maintained that the metal soffit and fascia wrap did not comply with guidelines. She said staffs position remained the same. Mrs. Blanton said she understood that Ms. Botkin came out and it was Ms. Botkin's understanding that the wrap would be removed. Ms. Epperly said she would have it removed if Mr. Chitwood was willing to do it. She Architectural Review Board Minutes July 12, 2012 Page 3 said she had been in contact with Ms. Papa the whole time and even met with Mr. Chitwood. She said Mr. Chitwood was very disrespectful to Ms. Papa. She said she met with Mr. Christopher Boehling on May 11, 2012, and had a real lengthy conversation. She said some people on the block thought it had been painted. She said when Bill started the work, it was gutters and then he said there was rotten wood on the fascia, soffit and trim. She said he could proceed on and added it to the cost. She said he replaced the rotten wood and there was old galvanized metal on the house. She said since 1915, there was patchwork done. She said Bill took off and replaced the rotten wood and extended metal on out. She said she thought it was ok and allowed him to do it. Mr. Cundiff said unfortunately the contractor did not have Ms. Epperly's best interest in mind. He said there were different levels of complexity. He said the Board had seen pictures of the water table. He said on the whole he would support work that has been done on horizontal surfaces. He said where they were getting off course from what would be accepted was the contractor proceeding to wrap the fascia with soffit instead of taking the time to repair the wood that was there and fix the waterproofing problem without approval. He said he understood the rationale about getting the job done. He said he appreciated how Ms. Epperly got from April to July. Ms. Botkin said she was shocked when she saw the application, based on fact that she met with Ms. Epperly and Ms. Papa on site to determine what was actually deteriorated. She said there were issues during April's meeting that suggested that the contractor had not removed the rotten wood prior to putting the metal on. She said it was determined that metal would be taken off and replaced in kind and nothing further was looked at. She said the guidelines stated not to hide any architectural features of the fascia or molding. She said she appreciated that nothing was leaking. She said she thought the work had been removed and replaced with wood. Ms. Epperly said she had been working with Bill since then. She said he wanted more money to remove it. She said the gentleman that recommended Mr. Chitwood had apologized to her profusely. She said Mr. Chitwood said he did not cover up any rotten wood. She said she had pictures showing replacement of the rotten wood and then he covered it. Ms. Botkin said there was some discussion about scabbing to support the metal for the gutter. She said she remembered a lot of rotten wood still in place from the photos. Ms. Epperly said she did not see the replacement of the wood, she was just told. Mrs. Blanton said the Board was in a bad situation because, clearly the work did not meet the guidelines. She said she would not support wrapping. She said they all understood and appreciated what had transpired from April to present and why Ms. Epperly went forward with the work. She said the Board was left with work that didn't meet the guidelines. She said unfortunately, Ms. Epperly had spent money and Architectural Review Board Minutes July 12, 2012 Page 4 would have to spend more to get it removed. She asked if Ms. Papa had helped her with a Grant application. Ms. Epperly said Ms. Scott called her about a week ago and asked for information regarding the occupant and owner of the house. She said she had not spoken with Mr. Leftwich. Mrs. Blanton asked if she was approved or not. Ms. Epperly said she did not know yet. She said there was a bad connection and asked Ms. Scott to call her back. She said Ms. Scott gave her number to call. She said she also received a letter in the mail from her. Mr. Cundiff asked for Board comments. Ms. Dykstra said the Board nor Ms. Epperly were there to see the quality of Mr. Chitwood's workmanship. She asked if he was licensed. Ms. Epperly said before Mr. Chitwood started the work she wrote him a letter and asked if he was licensed. She said Mr. Chitwood signed the letter stating he did have a license. She said she also asked if he hired other employees to work for him and he signed that document as well. She said she found out since that his license had been revoked. Ms. Dykstra said she would encourage Ms. Epperly to go to the State Board about Mr. Chitwood. She said they had a fund to help with unlicensed contractor's work. She said he was causing everybody heartache. Ms. Epperly said Mr. Carr said Mr. Chitwood could only do work on his house and not in the City. Ms. Papa said to clarify Mr. Carr's comments, Mr. Chitwood did not have a business license but for this job he could proceed with the project, but did not authorize the work. She said he notified Mr. Chitwood that in future he could not do business in the City without a license. Mr. Cundiff asked how much total fee was paid in April and how much more was due when the job was completed. Ms. Epperly said she had not paid him completely when she came to the Board in April. Mr. Cundiff said the Board had a situation where the project did not meet guidelines. He said he could not approve the application at this point. He said there were two options. He said the Board could vote on application as it was or continue to table the application to see if any money could be recovered to help Ms. Epperly undo the work. Architectural Review Board Minutes July 12, 2012 Page 5 Ms. Botkin said she wasn't sure if it could be tabled since it was under code enforcement. Mr. Cundiff asked Ms. Epperly if she had the grant money to undo the work done, would she do it. Ms. Epperly said she would have to talk to grantors first. She said the thing that bothered here the most was that there were a lot of nails in the wood and she was afraid the wood may deteriorated. Mr. Cundiff said if the wood was in good shape the nails could easily be covered. Ms. Epperly asked if Rebuilding Together would replace the wood if need be. Mr. Cundiff said he did not know the answer to that question. Ms. Papa said the Code Citation was to obtain a Certificate of Appropriateness and as long as it's in the process of obtaining one, Ms. Epperly was moving towards a solution that came into compliance. Mr. Cundiff said they could vote on the application as it stood or continue it to move forward and see if there was a remedy out there. Ms. Epperly said she was interested in the Rebuilding process. Mr. Fulton suggested voting on the application because there may be help for Ms. Epperly to remedy the project. Ms. Papa said she wanted to remind Ms. Epperly if she received a "no" vote it would start a time frame in which she would have an opportunity to appeal. She said there was a window of 30 days to appeal and would trigger a timing issue. Ms. Epperly said it bothered her about the rotten wood. Mrs. Blanton said if the older wood was not rotten it would be a better wood than newer wood. She said it was worth keeping if it was not rotten. Ms. Papa said if Ms. Epperly could not obtain a Certificate of Appropriateness from the Architectural Review Board, she would have 30 days to appeal to City Council. Mr. Cundiff said he did not want to put any extraneous time frame on Ms. Epperly and he was not sure if 30 days was enough time to pursue other recourses. He suggested tabling the application one more month to see if she could get the grant or additional funding for the project. Ms. Epperly said Ms. Scott told her they were backed up and would be a year behind. Architectural Review Board Minutes July 12, 2012 Page 6 Mr. Dalhouse asked how much money was in the grant. Ms. Dykstra said the grants were corporate sponsored so it was a floating number. Ms. Epperly said she was amendable to tabling the application. Mrs. Blanton said an updated letter on the status could be sent to Ms. Scott at Rebuilding Together and letting them know the application was tabled with the hopes of grant money. She made a motion to table the application for one month. Mr. Copeland seconded the motion and the application was approved by a roll call vote of 7-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Dalhouse-yes Mr. Copeland-yes Mr. Cundiff-yes Mr. Cundiff said item 3B & item 4A was moved to the end of the agenda as no one was present for the application. 3. Request from Second Presbyterian Church, represented by Phillip S. Boggs, to install three, roof-top mechanical units, construct parapet walls on the north elevation to be finished with stucco and fiber-cement trim, remove existing aluminum siding and repair clerestory windows and trim as needed for the property located at 215 Highland Avenue, S.W. Mr. Earl Shumate, Hughes Associates, Architects, & Engineers, said the application was part of a larger project that had already been approved a year ago. He said they found the need for mechanical units that would go on top of the existing 1966 classroom building as well as a portion of a stairwell that was added on to the 1955 building. He said the units could not be seen from property online or sidewalk on Highland Avenue. He said outdoor unit #5 that was on top of the stairwell could be seen, so they added a screen wall. He said there was aluminum siding covering the six windows and he was proposing to take that off and expose the windows. He said whatever they found when the siding came off they would restore in kind if needed. Mr. Cundiff asked for staff comments. Ms. Papa said the application complied with the H2 guidelines and staff recommended approval. Mr. Cundiff asked for Board comments. AGENDA ITEM III.A. !AIWA PLANNING BUILDING AND DEVELOPMENT Noel C.Taylor Municipal Building 215 Church Avenue,SW, Room 166 Roanoke,Virginia 24011 R OA N O K E 540.853.1730 fax 540.853.1230 planning @roanokeva.gov July 12, 2012 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Background The structure at 437 Washington Avenue, S.W., was built circa 1910 and is classified as a contributing to the Old Southwest Historic District. Located within the Historic Neighborhood Overlay (H-2), distinguishing features of the 2 '/2 story brick dwelling include a hip roof, gable dormer and three-bay front porch with square brick columns. On March 2, 2012, staff approved an In-Kind Replacement/Repair Form to reline hidden gutters and to replace downspouts if needed. On March 12, 2012, a Code Compliance Inspector observed work beyond the scope of the In-Kind Form. A worker was applying metal over the wood soffit and fascia. Both the worker and owner were told that the work was beyond the scope of an In-Kind Replacement/Repair form and could not continue in the absence of a Certificate of Appropriateness. It should be noted that staff encouraged both the worker and property owner to ensure that the hidden gutters were weather-tight. The owner was advised that staff was likely to not be able to support the application, citing a direct conflict with the H-2 Guidelines. Staff indicated that the owner would need to either remove the metal covering or apply for a Certificate of Appropriateness. At the April 12, 2012 ARB meeting, the applicant agreed to table the application. Staff worked with the owner on completing and submitting an application to Rebuilding Together, a non-profit organization which provides home maintenance for low-income, elderly or disabled homeowners. The applicant has elected to proceed with a request for approval of the installation of metal siding over the soffit and fascia board on the second story of the residence. Findings: The H-2 Architectural Design Guidelines for Siding recommend: Retaining Existing Siding • Identify and keep the original exterior siding materials as well as nay unique siding. important character-defining features include: decorative shingles, texture, pediments, cornices and frieze boards, beaded or novelty boards, architrave moldings, and examples of quality craftsmanship. • Do not replace sound historic siding with new materials to achieve an "improved" appearance. Preventing Deterioration • Protect siding form water damage by: repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood. Repairing Damage • Repair cracks and splits by gently opening them, removing debris, and sealing with a waterproof glue. • Consider using epoxy consolidants to rebuild deteriorated elements. • Repair deteriorated siding using established preservation techniques, such as patching or piecing in. Materials should conform exactly to the original in: size and shape, color and texture, and joint and weather-face exposure. • Replace missing wood elements by using identical ones taken from an inconspicuous location, such as the rear or side of a building. Replace the borrowed elements with newly fabricated ones of the same design. • Do not replace missing siding with new siding that is incompatible with the remaining materials. New, Replacement, and Substitute Siding • The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration. The proposed alteration does not comply with the H-2 Guidelines for Siding; it will obscure original, character-defining features and examples of quality craftsmanship, and accelerate the rate of deterioration of the historic materials by trapping moisture between the two materials. Additionally, the historic siding is sound; as there has been no evidence submitted to suggest otherwise, replacement with new materials to achieve an "improved" appearance is not recommended. Design Application Review Committee comments: None. Staff Comments: Staff cannot support the request, as it does not comply with the H-2 Guidelines for Siding. Wi.)A.19 "..._ Jillian Papa, Agent H-2, Historic Neighborhood Overlay District A pp lication for Certificate of Appropriateness �� `, Date of Application I ROA N O K E Site Address 1431 uk) A s k ; rJ +o,u sue. c.v., . ( o ANoI<Et Jrt. A Li o f Property Owner: Name: 1.3'0,ie-e 2 . i` Qo erL,, Address: I a, i o A a +k o w i LAN e City: I-T r o t,.k o s Z L e State: I V A . Zip Code: I A L( 1 1 s- Phone Number: -I(5'y-o) 9 91.- (o S 32. E-Mail: ,e P p 3ot Q poL. ton., . Owners Representative(if applicable): Name: I Address: I City: I State: I Zip Code: I Phone Number. I E-Mail: Application Prepared By: I Current Use: (— Single-Family r Two-Family(Duplex) r" Multifamily I Townhouse r Commercial If Commercial, Describe Use: I Project Type: r Roof E Porch r Windows and Doors E New Construction r• Signs r` Walls and Fences r" Parking and Paving f Demolition E Other: I *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines;otherwise consideration will be d eferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signature of Property Owner I /3 E „ , _p Date: I 31.-L1 qr a cr/ . Section Below to be Completed by Staff Certificate Number. I Approval By: F ARB r- Agent Other approvals needed: Tax Parcel Number: ( r Zoning Permit r- BZA/Planning Commission Base Zoning District: I (— Building Permit (— Other Agent,Architectural Review Board: I Date: [ Member,Architectural Review Board: I Date: I r Form updated 01/08 Page 2 of 3 H-2, Historic Neighborhood Overlay District Detailed Project Description - _- ROANOKE Site Address: 13 crf0n) tquEL Roo oke11.x . I01G Property Owner. 1—k ogee 13, C p p F r Lt, -1-4.A t-h e Le 4 i r R c�A-�a c�. .l wl Prn{,-A L L... D ,q ,: , d. . L& #4' , „) Reo ;E w 8o1414 e_t7 Uf1 - i3o>4r � 1 •Ced rnz 1 N iF x pt.Ner-1';c,A pi 14 4414a-it¢a. 1e &K. Project Description: N c u.2 3 • rA. E. h � i cr4kret o hUt,s pf:” Fort T„r L010-1_ 5 b YV,� '� �cj} rr .� ► w��s A Pf ?Ito rc_� t.J14C Cf p Zkt C� 4, { , c[der(3' Co r�,� G Awl F SL{�r► So 1(1i4i 4t)owl.� Kr )4 eA or No) So T e.t4rJ UJG Forwl+rcl tA)koet s�� s -tom f4.1<e I` �� ��� Aoei 904 yne � �roe L. Additional information to be submitted: E Photographs r` Site Plan F Elevation Drawings r" Sample,Photograph,or Catalog Pictures of Proposed Material 15?'Other: I L ( s e IL pi � °I 0 Z - I T Form updated 01/08 Page 3 of 3 ATTACHMENT E Rebuilding Together1. Roanoke www.RebuildingTogetherRoanoke.com August 28,2012 Joyce Epperly 210 Anthony Lane Troutville VA 24175 Dear Ms. Epperly: I am writing to let you know the status of your application to Rebuilding Together— Roanoke for repairs to the property at 437 Washington Avenue,Roanoke. I regret to inform you that your house does not qualify for our prograin. homes where the homeowner resides in the home and the goals or the work that on are o ensure that homes are warm, safe, d work th we do that you are asking for does not meet those riteria accessible, wand energy efficient. The ork that has been done on your k home appears to be of ood quality and we would not be able to expend funds to remove and replace the existing materi s. We estimate that the work that you are requesting(to remove recently repaired materials and replace them with new wood, etc.)would cost approximately$10,000. We recommend that you make an effort to contact City officials,Architectural Review Board,etc. and try to obtain waivers, or other ways for you to retain the existin repair that have been made to the property. g s I hope that you are able to find a reasonable and affordable solution to the situation at 4 Washington Avenue. 437 cerely, dward Murray Executive Director P.O.Box 4532 • Roanoke,Virginia 24015 • Phone/Fax(540)483-5600 • Email:RebuildingTogetherRoanoke@yaboo.com ATTACHMENT F CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD October 11, 2012 MINUTES The regular meeting of the Board was held on Thursday, October 11, 2012. The meeting was called to order at 5 p.m., by Derek Cundiff-Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Alison Blanton (late) Barbara Botkin Aaron Copeland Derek Cundiff Warner Dalhouse Mary Dykstra Members Absent: John Fulton Others Present: Candace Martin, Secretary Jillian Papa, Preservation Planner Chris Chittum, Planning Administrator Steve Talevi, Assistant City Attorney The following items were considered: 1 . Consent Agenda C1. Approval of September 13, 2012 Minutes and Administrative Approvals C2. Request from International Realty and Development, represented by Sign Design of Roanoke Inc., for installation of a hanging sign and four vinyl adhesive window and door signs for the property located at 307 Market Street, S.E. C3. Request from Darrell Craft, represented by Sign Design of Roanoke Inc., for installation of a freestanding sign for the property located at 207 Albemarle Avenue, S.W. C4. Request from Paul Miller to replace a metal roof surface with EPDM at 617 Elm Avenue, S.W. C5. Request from Community Properties LLC, represented by Kenneth Shively, to remove and replace the existing rear porch rails for the property located at 501 Mountain Avenue, S.W. C6. Request from Virginia Appalachian Properties, LLC, to demolish an accessory structure at the rear of the property located at 406 Day Avenue, S.W. Ms. Dykstra made a motion to approve the consent agenda. Architectural Review Board Minutes October 11 , 2012 Page 2 Mr. Dalhouse seconded the motion and the consent agenda was approved by a roll call vote of 5-0, as follows: Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Cundiff-yes 2. Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Ms. Epperly appeared before the Board and said on March 2, 2012, she requested an application for an in kind repair for the gutters. She said on March 15, 2012 she was cited for improper permit and April 12, 2012 she came to the Architectural Review Board and we discussed the aluminum on the fascia, soffits and trim. She said Ms. Papa suggested Rebuilding Together assistance to remove aluminum from the fascia, soffits and trim. She said in the meantime on April 25, 2012, she got a contractor to come by house to see how much it would be to remove the aluminum and his estimate was $4,100. She said on May 1, 2012, Ms. Papa met with Mr. Chitwood and they discussed the removal of aluminum and there was no cooperation from Mr. Chitwood. She said on May 14, 2012, she was still trying to work something out and met with Mr. Tom Carr, Ms. Papa, Mr. Chris Chittum and Mr. Jeff Shawver and they all agreed Ms. Papa would work with her to resolve the problem. She said on June 6, 2012, she received a certified letter from Christopher Boehling which gave her ten days to remove the aluminum or file for a Certificate of Appropriateness. She said on June 10-11, 2012, Mr. Chitwood came back completed the unfinished side. She said on July 12, 2012, she hadn't received the Rebuilding Together letter and the application was tabled. She said on August 25, 2012, she received a letter from Rebuilding Together that stated they regretted the house did not qualify for their program and could only work where homeowners resided and the goals were to ensure safety. She said the work she was asking for did not meet their criteria because of the work that had already been done and the home appeared to be of good quality. She said to remove and repair the aluminum would cost $10,000. Mr. Leftwich said it would cost around $7,500. She said Mr. Chitwood did replace the rotten wood. She said at the September 13, 2012 Board meeting, her application was tabled due to personal issues. She said on September 29, 2012, she received a letter from Old Southwest Inc. that requested she contact them if she was interested by October 5, 2012. She said she contacted Mrs. Richert and they had a lengthy conversation at the Gish House. She said Mrs. Richert suggested Dave Valentine, contractor, to take the aluminum off and Old Southwest, Inc. would donate $1,000. She said she met with Dave Valentine and she could not agree with him. She said her concerns were having one person to remove the aluminum and another contractor for the cost and labor. She was concerned that Old Southwest, Inc. didn't have enough funds at that time. She said they suggested doing one area at a time. She said she had to make sure they had a binding contract because verbal was not good enough. She said the contractor didn't know the cost until they pulled it off. She said she was scared to death to not know cost of the work. She said that was her rejection to her suggestion. She said she couldn't go into something like that wide open. She said when she took over the property it was for her uncle and it was filthy and unsafe. She said she knew it was a historic area but didn't realize the rules and restrictions. She said Mr. Larry Earl introduced himself when she Architectural Review Board Minutes October 11, 2012 Page 3 came into the neighborhood and gave her advice on what you could and couldn't do. She said she didn't have the money for the removal. She said I am retired and had hired an outside inspector and he told her the major things to be done. She said when she got the permit it was to repair and replace the gutters. She said the contractor had been doing work for 25 years. She said he told her there was rotten wood on the fascia and while he was there he could fix that. She said she pretty stressed out over the matter. Mr. Cundiff asked for public comments. Ms. Joel Richert, 415 Allison Avenue, S.W., said Old Southwest, Inc. group had done 12 or more projects under neighbors helping neighbors and in 2005, they repaired porch at 437 Washington Avenue, S.W. She said Old Southwest Inc., sent a letter of intent signed by Tim Taylor to help repair the fascia and soffit on the house and her part of the project would be to hire someone to remove the aluminum wrap. She said they met on October 25, 2012 to discuss the project. She said on October 9, 2012, Ms. Epperly met with Dave Valentine to discuss the removal of the wrap at her expense. Old Southwest, Inc. would pay for the soffit and fascia repairs and Ms. Epperly would pay for the removal. She said Old Southwest, Inc. had decided to withdraw the offer because no agreement was made. She recommended the City take the appropriate steps with Code Enforcement. Mr. Dalhouse asked Ms. Richert if she had the estimates to be paid by Old Southwest, Inc. Ms. Richert said it would be $3,000 or less but had no estimate. She said the Board voted unanimously to approve the expense. She said the budget depended on if they had carry over from the previous year. Mr. Dalhouse said that was a nice thing for Old Southwest, Inc to do. Ms. Richert said they only did the exterior no interior work. Mr. Cundiff asked Ms. Richert, even though there was no estimate, were they prepared to cover the expenses. Ms. Richert said yes. She said they did ask Ms. Epperly to have the aluminum wrap removed at her own expense. Mr. Dalhouse asked what would happen if the project cost was $5,200. Ms. Richert said they used volunteer work, reduced rated, and donated materials. She said Home Depot gave paint to them and had a lot of donations. Mr. Dalhouse said Old Southwest, Inc. had a lot of confidence they could follow through with the project. Ms. Richert said absolutely. She said she was sure of it. Mr. Cundiff asked if they presented owners a written contract. Architectural Review Board Minutes October 11, 2012 Page 4 Ms. Richert said no. She said she had talked to the person who did the work last year and it was just a handshake and never been an official contract. She said she could have written one up but it wasn't done in time. Mrs. Blanton asked the reasoning behind Old Southwest, Inc. withdrawing. Ms. Richert said Old Southwest, Inc. decided in September to make their intent known and to make the improvements. She said they formed the letter and mailed it to Ms. Epperly. She said at the October Board meeting, they realized she had met with Ms. Epperly and that she was uncertain, had a lot of questions, and didn't know what she wanted to do. She said there was no movement towards the agreement and today was our deadline. She said she was not going to dangle the offer for another six months. She said Old Southwest, Inc. was not willing to go any further. Mr. Larry Earl, 430 Washington Avenue, S.W., said he lived across from 437 Washington Avenue. He said they do a house and paint them every year for neighbors helping neighbors. He said he had been acutely aware of Ms. Epperly's project and would routinely go by and keep an eye on her uncle. He said he knew she came to Architectural Review Board. He said she was only looking to get the gutters relined, that's what she needed. He said her contractor took advantage of her. He said Ms. Epperly had no clue about the certificate of appropriateness. He said he looked at house every day, prefer wooden soffits and fascia, but in this particular case, the work had been done and it was acceptable in his mind. He recommended approval for the case. He said she was taken advantage of. He said neighbors helping neighbors improved the exterior and painted but didn't have enough volunteers in the neighborhood to remove and repair soffits and fascia. He said it would turn into a remodeling revolution because it was a two story brick with a sloped yard. He said he recommended the Board approve the aluminum because of the circumstance. Mr. Danny Trent, Hendricks Store Road in Moneta, said he was an old friend of Ms. Epperly's. He said it took three years to get the house back in condition. He said the upstairs had extensive water damage and the house had a lot of repairs. He said he recommended the contractor, Mr. Chitwood, and had observed the work done. He said he looked at the gutters and Mr. Chitwood had done a good job of what he put in and did put up new wood. He said he took advantage of Ms. Epperly. He said it would be a shame to tear it off and start again. He said he wanted to Board to make an exception for her. He said you couldn't tell it wasn't wood from the street. Mr. Cundiff asked for staff comments. Ms. Papa said the proposed alteration did not comply with the H-2 Guidelines for Siding; it will obscure original, character-defining features and examples of quality craftsmanship, and will accelerate the rate of deterioration of the historic materials by trapping moisture between the two materials. She said additionally, replacement with new materials to achieve an "improved" appearance is not recommended. She staff could not support the application as submitted. Mr. Cundiff asked for Board comments. Ms. Botkin said she felt for Ms. Epperly and agreed with Mr. Earl to an extent. She said the Architectural Review Board Minutes October 11, 2012 Page 5 Board couldn't get caught up in an exception based on circumstance. She said it looked okay but based on the guidelines, they didn't have proof other than the visual inspection prior to aluminum being installed. She said it was a real hard decision to make. She said she couldn't support the application because it didn't fit with the guidelines. Mr. Talevi asked Ms. Papa to be more specific about features being obscured. Ms. Papa said the historic material was concealed beneath the new material. Mr. Dalhouse asked for clarification about the aluminum causing more deterioration. Ms. Papa said there was nowhere for the moisture to escape with the aluminum. She said it would just fester underneath. She said it was a visual and functional problem. Mr. Dalhouse said he mirrored Ms. Botkin's feelings about the case. He said it was border line emotional. He said the Board was in an untenable position that made him uncomfortable. He said the Board would be in a deeper hole than they were in if they granted a waiver. He said it was their job to adhere to the guidelines. He said he would like to help but didn't know how. Ms. Epperly said in regards to the moisture, there were 17 houses that had aluminum over fascia, soffits and trim work. She said she was not saying two wrongs make a right. Mrs. Blanton said Ms. Epperly's description and Ms. Richert's did not match up. She said Ms. Epperly was concerned about the cost after the aluminum was removed and Ms. Richert said she was only responsible for removal of the aluminum and Old Southwest, Inc. would take on the actual repairs. She asked if there was a misunderstanding. Ms. Epperly said Mr. Valentine was going to take off all the aluminum and then Old Southwest, Inc. would seek donations for material and labor. She said she had been stung twice and recommended a binding contract. She said she didn't trust people. She said she the work could cost $7,500 but would not know until the contractor came in and took it off. Mr. Dalhouse said under Old Southwest, Inc. agreement, you would only be responsible for the removal of the aluminum. Ms. Epperly said that was correct. She said she didn't like to make quick decisions. Mrs. Blanton said she was sorry that it didn't work out. She said nobody liked the position they were in. Ms. Epperly said she couldn't go into it not knowing the contractor and the cost of labor. Mr. Copeland said Old Southwest, Inc. would only take down one side at a time and assumed all costs at a discounted rate. He said Mr. Earl could vouch for Old Southwest, Inc. Mr. Cundiff said the original scope was water proofing of the gutter and that should have solved all the moisture issues. He said it was a good faith offer from Old Southwest, Inc. but Architectural Review Board Minutes October 11, 2012 Page 6 could agree with Ms. Epperly about leaks or damage. He said it could cost more once the contractor got into it. He said they were at a point where the offer was no longer on the table. He said he agreed with the other members of Board that are tasked with responding to the guidelines put in place by Secretary of the Interior. He said they were not allowed to make exceptions based on individual financial, family situations or taken advantage of. He said the best thing to do is to vote tonight and let Ms. Epperly move forward. Ms. Dykstra said they would solve the situation if they could. She said she felt badly. Ms. Dykstra made a motion to grant the Certificate of Appropriateness as submitted. Mrs. Blanton seconded the motion and the application was denied by a roll call vote of 0-6, as follows: Ms. Dykstra-no Mr. Dalhouse-no Ms. Botkin-no Mrs. Blanton-no Mr. Copeland-no Mr. Cundiff-no 3. Request from Jim Haynes to remove and replace front porch roof with standing seam metal, install half-round gutters and downspouts, remove porch columns and build new, tapered boxed columns, install a fixed window with transom above on the front façade, install a half-light front door with transom above, install a casement window in the front dormer, construct a two-story addition (covered porch on the first floor) at the rear of the property located at 549 Elm Avenue, S.W. Mr. Jim Haynes said the door on the front would be painted and new glass installed. He said the back door was a full view door. He said on the east side, a window would go on the top floor and the bottom floor would open as a porch. He said the east elevation was the same as west elevation without the door with a window above. He said the dormer and roof pitch was not drawn to scale but was pretty darn close. Mr. Cundiff asked for staff comments. Ms. Papa said the applicant had addressed the comments from the staff report and staff recommended approval. Mr. Cundiff said typically with an addition on the back, it would be offset a couple of feet. Mr. Haynes said the site plan showed the offset on one side. Mr. Cundiff said the offset shown was three feet. Mr. Haynes said the back of house did not concern him. He said the Board could concentrate on the front porch. AGENDA ITEM III.A. WIZ PLANNING BUILDING AND DEVELOPMENT Noel C.Taylor Municipal Building 215 Church Avenue,SW,Room 166 Roanoke,Virginia 24011 R OA N O K E 540.853.1730 fax 540.853.1230 planning @roanokeva.gov October 11, 2012 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Background The structure at 437 Washington Avenue, S.W., was built circa 1910 and is classified as a contributing to the Old Southwest Historic District. Located within the Historic Neighborhood Overlay (H-2), distinguishing features of the 2 1/2 story brick dwelling include a hip roof, gable dormer and three-bay front porch with square brick columns. On March 2, 2012, staff approved an In-Kind Replacement/Repair Form to reline hidden gutters and to replace downspouts if needed. On March 12, 2012, a Code Compliance Inspector observed work beyond the scope of the In-Kind Form. A worker was applying metal over the wood soffit and fascia. Both the worker and owner were told that the work was beyond the scope of an In-Kind Replacement/Repair form and could not continue in the absence of a Certificate of Appropriateness. It should be noted that staff encouraged both the worker and property owner to ensure that the hidden gutters were weather-tight. The owner was advised that staff was not able to support the application, citing a direct conflict with the H-2 Guidelines. Staff indicated that the owner would need to either remove the metal covering or apply for a Certificate of Appropriateness. At the April 12, 2012, ARB meeting, the applicant agreed to table the application. Staff worked with the owner on completing and submitting an application to Rebuilding Together, a non-profit organization which provides home maintenance for low-income, elderly or disabled homeowners. The applicant has elected to proceed with a Certificate of Appropriateness request for approval of the installation of metal siding over the soffit and fascia board on the second story of the residence. At the July 12, 2012, ARB meeting, the applicant indicated that the remaining portions of the soffit and fascia board were wrapped in aluminum by the previous worker, William Chitwood. The ARB tabled the application at the applicant's request to seek alternative funding sources to remove the aluminum material and bring the property into compliance. Since the July 12, 2012, ARB meeting, Staff contacted Rebuilding Together (at the applicant's request) to inquire about the status of the application. Staff was informed that the project no longer aligns with the organization's mission "to ensure the needy have a safe, warm and dry living environment". The applicant requested to table the application from the August 9, 2012 agenda, since she had not received a formal letter from Rebuilding Together summarizing their decision. Findings: The H-2 Architectural Design Guidelines for Siding recommend: Retaining Existing Siding • Identify and keep the original exterior siding materials as well as nay unique siding. Important character-defining features include decorative shingles, texture, pediments, cornices and frieze boards, beaded or novelty boards, architrave moldings, and examples of quality craftsmanship. • Do not replace sound historic siding with new materials to achieve an "improved" appearance. Preventing Deterioration • Protect siding form water damage by repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood. Repairing Damage • Repair cracks and splits by gently opening them, removing debris, and sealing with a waterproof glue. • Consider using epoxy consolidants to rebuild deteriorated elements. • Repair deteriorated siding using established preservation techniques, such as patching or piecing in. Materials should conform exactly to the original in size and shape, color and texture, and joint and weatherface exposure. • Replace missing wood elements by using identical ones taken from an inconspicuous location, such as the rear or side of a building. Replace the borrowed elements with newly fabricated ones of the same design. • Do not replace missing siding with new siding that is incompatible with the remaining materials. New, Replacement, and Substitute Siding • The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration. The proposed alteration does not comply with the H-2 Guidelines for Siding; it will obscure original, character-defining features and examples of quality craftsmanship, and accelerate the rate of deterioration of the historic materials by trapping moisture between the two materials. Additionally, the historic siding is sound; as there has been no evidence submitted to suggest otherwise, replacement with new materials to achieve an "improved" appearance is not recommended. Design Application Review Committee comments: None. Staff Comments: Staff cannot support the request, as it does not comply with the H-2 Guidelines for Siding. Jillian Papa, Agent ATTACHMENT G 37 . Siding ARCHITECTURAL DESIGN GUIDELINES FOR THE H-2 DISTRICT CITY OF ROANOK GUIDELINES FOR PRESERVATION AND - 0 1 REHABILITATION • Recommended actions or treatments are indicated by J. ~ • Actions or treatments not recom mended are indicated by X.. € Retaining Existing Siding 1 ;;:n•? !' 11 Identify and keep the original exterior d1,, 1 siding materials as well as any unique siding. Important character-defining fea- tures include: • decorative shingles, • texture, • pediments, DEFINITIONS Clapboard siding was popular in the H-2 Dis- • cornices and frieze boards, Architrave. An ornamental trict during the late nineteenth century. molding used around doors • beaded or novelty boards, and windows. • architrave moldings,and Caulking. A rubber-like Residences of the H-2 Historic District compound used to seal demonstrate the diversity of siding materi- • examples of quality craftsmanship. cracks and joints and pro- als available in the late nineteenth and X Do not replace sound historic siding vide waterproofing. Clapboards. A type of early twentieth centuries. Novelty siding with new materials to achieve an wood siding,thicker along (also known as German or drop siding), "improved"appearance. the lower edge than along popular during the late nineteenth century, the upper edge. appears frequently as an exterior material. Cornice. Decorated trim , 7 r—' work placed along the top of Many district Bungalows and American • , a wall. Foursquares exhibit the wide,sawn clap-q IV 71141 /�� Entablature. The beam boards characteristic of the Mid-Atlantic texture carried by columns,corn- and Southern states,while many Queen monly decorated by trim ---__ molding. Anne styles possess geometrically pat- - -. -- --- __, Flashing. Pieces of sheet terned wood shingles.These types of sid- Pediment — metal or flexible membrane ings help to define the visual character of a used to protect joints from building. 41•�• water penetration. ♦*i44*titia�i� III it Ni Y Pediment. A decorative .r.Srv�v.b J molding,typically triangu- IMPORTANT CONSII)1.RA I IONS.. •�iiti'iii�a $,h'P Y gu ••••.•••• lar shaped,placed over decorative shingles doors and windows. architrave moulding Shingles. Siding or roofing Historic wood siding is a distinctive feature of piece typically made of many Roanoke residences. The H-2 District has a variety of siding and wood,tile,concrete,or slate, Changing or covering siding wood features and decorative details. used as a covering and ap- plied in an overlapping destroy the authentic character of a building. pattern. Both new and historic siding require periodic side of verl exposure. The maintenance to give a building proper weather side of overlapping wood otection. siding boards that is visible. pr such treatments include: • plywood or wood paneling, • simulated stucco, • exposed aggregate board,and • simulated brick, asphalt, and asbestos shingles that cover original wood clap- boards or shingles. NI Assess the impact of removing any cover- up materials by first removing a small area of the material in an inconspicuous location. d,yin: Wood shingles are often an important defining w. ti feature of a building's style. = ` Preventing Deterioration } _ 1 -V Protect siding from water damage by i { 1 • repairing leaking roofs,gut- - ters,and downspouts, , • securing loose flashing around chim- i ` neys and other roof openings, ``�•jir • grading the ground to slope away from the building, • protecting against insect or fungus in- festation, • replacing deteriorated caulking in joints, C= f r • replacing missing downspouts, • unclogging gutters, • using splash blocks,and '.. i ;1.: 1 • priming both sides of new wood. v."` " 14 -V Select good-quality,quarter-sawn siding free from knots,checks,or wild grain to prevent warping of replacement materi- , als. X Do not use chemical preservatives that change the appearance of exterior siding and wood features. Removing Inappropriate Treatments The before,shown above,and after,shown below, Some owners may wish to remove inappro- illustration demonstrate how removing cover-up priate treatments and restore the property siding helps to restore the character of a building. to a more historic appearance. Examples of Repairing Damage X Do not replace missing siding with new sid- 3 9 �1 Repair cracks and splits by gently open- ing that is incompatible with the remaining 7 ing them,removing debris,and sealing materials. with a waterproof glue. I Consider using epoxy consolidants to re- New, Replacement,and Substitute build deteriorated elements. Siding Repair any deteriorated siding that is X The application of synthetic sidings over exposed following the removal of inappro- priate treatments.Rot and insect infestation original siding materials is inappropriate for these reasons: may have occurred. • Radical change in appearance can result Remove deteriorated wood by cutting when original materials are covered. This out damaged areas or removing affected is particularly true when wood siding is elements,such as individual clapboards. covered with synthetic siding;these mate- Retain as much of the sound original mate- rial as possible and repair it by splicing in rials can never replicate the patina,tex- ture or reflective light qualities of wood. new materials of the same species. The thickness of added siding also re- X Do not replace a deteriorated feature if it duces the depth between the exterior wall can be repaired. and the window and door frames,thereby R _Ay .. ._.rw X Do not caulk the gap between overlap- eliminating natural shadows and creating ping clapboards when painting or making a"flat"look that diminishes the architec- repairs. This traps interior water vapor tural character, within the wall and can lead to deteriora- • When synthetic siding materials are used, Lion. original architectural features are often removed to facilitate the installation of the Replacing Missing Siding new material. The results in change of Replace missing siding using established appearance and style of the building,and case cause damage to the original siding. preservation techniques,such as patching • Installation of synthetic siding without or piecing in.Materials should conform exactly to the original in: proper vapor barriers and ventilation can cause excessive moisture building in the • size and shape, cavity between the original wall and the • color and texture,and new material, • joint and weather-face exposure. • Synthetic siding is often marketed as be- DEFINITIONS Caulking: A rubber-like Al Replace missing wood elements by using ing"maintenance free"and therefore compound used to seal identical ones taken from an inconspicuous cheaper than traditional materials.Alumi- cracks and joints and pro- location,such as the rear or side of a build- num siding may chalk or fade after instal- vide waterproofing. ing.Replace the borrowed elements with lation,and dents and scratches easily.Shallow,irregular g' p y' cracks. newly fabricated ones of the same design. Vinyl can get brittle and break in very Clapboards: A type of cold weather or melt and warp in hot wood siding,thicker along weather,and if painted,it will have to be the lower edge than along painted as often as wood, the upper edge. Cornice: Decorated trim • Synthetic siding is often applied to a work placed along the top of building in need of maintenance and re- a wall. r L pair. New cladding may cover up poten- Shingles: Siding or roofing piece typically made of ` tial problems that can become more seri- wood,tile,concrete,or slate, ous once they are no longer visible,and it used as a covering and ap- (_ ' - may create the perfect atmosphere for the plied in an overlapping establishment of decay and rot. pattern. Weatherf ace exposure: The side of overlapping wood siding boards that is visible. Replace wood siding with siding to match the original. ATTACHMENT H + 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding applied to approximately 75% of wood soffit and fascia. 1111 1 ......1 __ . _ ....._ ...,.„,....,....' ............ ,,,,,r,,,....................... -_s_.,,,,,x, , r-r-r-i-i. :I t wry aw+." •:: r• 7. 1 1 rLT 3 OMNI i 1 ■ f i 3 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. «--�. -- 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. / 4111.114 New, "` aluminum siding i 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. The smooth, flush surface of the aluminum does achieve this profile. . ,,..._ . . . ., /1/r/ ref l f ,p,„ . ,1' . / .1 '"tr j'n "frde".4.00"7" :a' : 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. The smooth, flush surface of the aluminum does achieve this profile. Flush, Aluminum surface obscuring underlying historic details. New material will trap moisture and accelerate deterioration of underlying wood. { ATTACHMENT I PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue,SW,Room 166 Roanoke,Virginia 24011 R OA N O K E 540.853.1730 fax 540.853.1230 planning®roanokeva.gov October 16, 2012 Ms. Joyce Epperly 210 Anthony Lane Troutville, VA 24175 Dear Ms. Epperly: Subject: Application for a Certificate of Appropriateness COA120062, 437 Washington Avenue, S.W. On October 11 , 2012, the Architectural Review Board of the City of Roanoke, Virginia, considered your request for wrapping the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. and a Certificate of Appropriateness was denied. The Board found that the application was not consistent with the following H-2 Architectural Design Guidelines for siding: Retaining Existing Siding • Identify and keep the original exterior siding materials as well as nay unique siding. Important character-defining features include decorative shingles, texture, pediments, cornices and frieze boards, beaded or novelty boards, architrave moldings, and examples of quality craftsmanship. • Do not replace sound historic siding with new materials to achieve an "improved" appearance. Preventing Deterioration • Protect siding form water damage by repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood. Repairing Damage • Repair cracks and splits by gently opening them, removing debris, and sealing with a waterproof glue. • Consider using epoxy consolidants to rebuild deteriorated elements. • Repair deteriorated siding using established preservation techniques, such as patching or piecing in. Materials should conform exactly to the original in size and shape, color and texture, and joint and weatherface exposure. • Replace missing wood elements by using identical ones taken from an inconspicuous location, such as the rear or side of a building. Replace the borrowed elements with newly fabricated ones of the same design. • Do not replace missing siding with new siding that is incompatible with the remaining materials. New, Replacement, and Substitute Siding • The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Allan Papa at 853-1522 if you have additional questions. Sincerely, Irt")10(q C,49 77/00-0 Candace R. Martin, Secretary City Architectural Review Board /m enclosure cc: Old Southwest, Inc. ATTACHMENT J CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 } ' ' Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 (;1 10' Fax: (540)853-1145 E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB November 8, 2012 Assistant Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Joyce B. Epperly, in connection with a decision of the Architectural Review Board at its meeting of October 11, 2012, denying a Certificate of Appropriateness to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was filed in the City Clerk's Office on Wednesday, November 7, 2012. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, I will schedule a public meeting on Monday, December 17, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the Petition for Appeal filed by Ms. Epperly. Sincerely, Stephanie M. Moon, L(Ck.)1) City Clerk Enclosure Mayor and Members of Council November 8, 2012 Page 2 pc: Joyce B. Epperly, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Derek B. Cundiff, Chair, Architectural Review Board, 2927 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Planning Administrator, Planning, Building and Development Jillian Papa, Agent, Architectural Review Board /Candace R. Martin, Secretary, Architectural Review Board • VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL JOYCE EPPERLY ) This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): JOYCE B. EPPERLY 2. Doing business as (if applicable): N7A 3. Street address of property which is the subject of this appeal: 437 Washington Ave. , SW, Roanoke, VA 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H-2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: October II 201 2 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if H-2): 36.2-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: wrapping the existing soffit and fascia board in aluminum 8. Groundsforappeal: Certificate of Appropriateness was denied causing hardship to the property owner and requiring action innnnsistcnt with other prnpnrtiPS Similarly situated 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Jennings T. Bird, 4800 Pleasant Hill Dr. , SW, Ste 203 Roanoke, VA 24018 540-982-1500 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) or (If not Petitioner): representative(s), where applicable: • F Name: Name: Joyce B. Epperly (print or type) (print or type) Name: Name: Jennings T. Bird (print or type) (print or type) TO BE COMPL I B v TY CLERK: Received by: ,d Date: // '//774 v --Ass4s.fe262.F41j1 0,6 neck) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 y - Roanoke,Virginia 24011-1536 Telephone: (540)859-2541 Fax: (540)853-1145 E-mail: elerk®roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB November 8, 2012 Assistant Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Joyce B. Epperly, in connection with a decision of the Architectural Review Board at its meeting of October 11, 2012, denying a Certificate of Appropriateness to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was filed in the City Clerk's Office on Wednesday, November 7, 2012. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, I will schedule a public meeting on Monday, December 17, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the Petition for Appeal filed by Ms. Epperly. Sincerely,Ay� ' J / " M t , Stephanie a M. r M. Moon, MMC City Clerk Enclosure Mayor and Members of Council November 8, 2012 Page 2 pc: Joyce B. Epperly, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Derek B. Cundiff, Chair, Architectural Review Board, 2927 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Planning Administrator, Planning, Building and Development Jillian Papa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL JOYCE EPPERLY This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): JOYCE B. EPPERLY 2. Doing business as Of applicable): N/A 3. Street address of property which is the subject of this appeal: 437 Washington Ave. , SW, Roanoke, VA 4. Overlay zoning (H-1, Historic Downtown Overlay District, or 142, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H-2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: October I11ff201 2 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if 142): 3s 7-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: wrapping the existing soffit and fascia board in aluminum 8. Grounds for appeal: Certificate of Appropriateness was denied causing hardship to the property owner and requiring artinn inrnncistnnt with nthar prnpartiac similarly situated 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Jennings T. Bird, 4800 Pleasant Hill Dr. , SW, Ste 203 Roanoke, VA 24018 540-982-1500 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) or (If not Petitioner): representative(s), where applicable: Name: Name: Joyce B. Epperly (print or type) (print or type) Name: Name: Jennings T. Bird (print or type) (print or type) TO BE COMPL ■ B 19 TV CLERK: / Received by: �� Date: Wilt -,1SS4 a� D7h► awl° CITY OF ROANOKE OFFICE OF THE CITY CLERK r+S` 215 Church Avenue,S.W.,Suite 456 j Roanoke,Virginia 24011-1536 r-=r ' Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerI'toanokeva.gov JONATHAN E CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 20, 2012 Daniel J. Callahan Christopher P. Morrill City Attorney City Manager Roanoke, Virginia Roanoke, Virginia The Reverend Carl T. Tinsley, Jr., Chairman Roanoke City Electoral Board Roanoke, Virginia Gentlemen: At the regular meeting of Council of the City of Roanoke held on Monday, December 17, 2012, discussion was held regarding any recommendations of the Electoral Board to improve Election Day procedures; and continued discussion of the proposed realignment of City voting precincts. On motion, duly seconded and adopted, the following recommendations were offered: • Select a representative of their choosing to serve as a member of an Ad Hoc Task Force -- Roanoke Branch/NAACP, Roanoke Chapter/SCLC, Roanoke City School Board, Roanoke Neighborhood Advocates, Blue Ridge Independent Living Center, and Republican and Democratic Committees (someone currently not holding an elected position), and two at-large members associated with the Electoral Board being poll workers or former poll workers -- to study the current voting process and precinct alignment of the City's voting precincts and make recommendations to City Council to make voting more efficient and convenient in order to maximize voter participation in elections. • Assign primary responsibility for staffing support of the Task Force to the Office of the City Attorney; • Request the City Manager and Electoral Board to provide such staff assistance as may be necessary for the Task Force to accomplish its purpose; Daniel J. Callahan Christopher P. Morrill The Reverend Cad T. Tinsley December 21, 2012 Page 2 • Require the Task Force to hold at least two public hearings to receive comments from other interested citizens; and • Request Task Force to provide its recommendations to City Council by May 20, 2013. Furthermore, the City Attorney was instructed to prepare the appropriate measure for adoption at the January 7, 2013, to establish the mission of the ad hoc task force of nine to work with the Electoral Board. For your information, I am attaching copy of the discussion in its entirety. Sincerely, 44; 1,,^ 'fin, Stephanie M. Moon, MMC City Clerk Attachment pc: Lavern Shepherd, City Registrar Ann H. Shawver, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director, Office of Management and Budget Council Member Bestptich Other Business: C.2. (7:00 p.m.) DRAFT MISSION To study the current voting process and precinct alignment of the City's voting precincts and make recommendations to City Council to make voting more efficient and convenient in order to maximize voter participation in elections ISSUES Wide disparity in the number of voters assigned to each of the City's 32 precincts, from a low of approximately 1,300 to a high of slightly more than 4,100 Only two (2) electronic poll books for each precinct, regardless of the number of voters assigned State-mandated prohibition of acquiring additional electronic voting machines Unacceptably long wait times for voters at many precincts during the election on November 6 Challenges in recruiting, training, and retaining qualified officers of election Challenges in securing polling places that comply with the requirements of the Americans with Disabilities Act (ADA), provide adequate space for voters to wait inside during inclement weather, and provide seating for voters with long wait times, especially the elderly and persons with physical limitations Compliance with all requirements of the Code of Virginia and the federal Voting Rights Act Need for citizens who have an interest in and knowledge of the City's election process to study these issues and make such recommendations to City Council as they may deem advisable ACTION Request each organization noted below to appoint a representative of its choosing to a task force charged with the responsibility to study the current voting process and precinct alignment of the City's voting precincts and make recommendations to City Council to make voting more efficient and convenient in order to maximize voter participation in elections: Roanoke Branch, NAACP Roanoke Chapter, SCLC Roanoke City School Board Roanoke Neighborhood Advocates Blue Ridge Independent Living Center Republican Committee of the City of Roanoke Democratic Committee of the City of Roanoke Assign primary responsibility for staffing support of the task force to the Office of the City Attorney Request the City Manager and the Electoral Board to provide such staff assistance as may be necessary for the task force to accomplish its purpose Require the task force to hold at least two (2) public hearings to receive comments from other interested citizens Request the task force to provide its recommendations to City Council by May 20, 2013 A ROSE BY ANY OTHER NAME PRECINCT CONSOLIDATION/COMBINATION/MERGER. 32 to 27 WITHOUT: 1 . REDRAWING EXISTING PRECINCT LINES 2. AFFECTING MAJORITY-MINORITY PRECINCTS 3. IMPACTING 17th HOUSE PRECINCTS GOALS: 1 . AN AFFIRMATIVE STEP TO IMPROVE AN ANTIQUATED AND NEEDLESSLY CUMBERSOME STRUCTURE 2. A MOVE IN THE DIRECTION OF RELATIVE NUMERICAL PARITY BETWEEN PRECINCTS 1 § 24.2-101. Definitions. As used in this title, unless the context requires a different meaning: "Registered voter" means any person who is maintained on the Virginia voter registration system. All registered voters shall be maintained on the Virginia voter registration system with active status unless assigned to inactive status by a general registrar in accordance with Chapter 4 (§ 24.2-400 et seq.). For purposes of applying the precinct size requirements of § 24.2-307, calculating election machine requirements pursuant to Article 3 (§ 24.2-625 et seq.) of Chapter 6, mailing notices of local election district, precinct or polling place changes as required by subdivision 13 of§ 24.2-114 and § 24.2-306, and determining the number of signatures required for candidate and voter petitions, "registered voter" shall include only persons maintained on the Virginia voter registration system with active status. 2 CURRENT VOTER COUNT BY PRECINCT (AS OF 11/27/12) Precinct# House Precinct Name Active Inactive ALL Precinct# House Precinct Name Active Inactive ALL 1 (1) 11 HIGHLAND# 1 1324 503 1827 17 (20) 11 EUREKA PARK 1511 170 1681 2 (2) 11 HIGHLAND#2 1632 645 2277 18 (21) 11 VILLA HEIGHTS 2575 530 3105 3 (5) 11 JEFFERSON#1 2314 697 3011 19 (22) 11 WASHINGTON HEIGHTS 3547 566 4113 4 (7) 17th JEFFERSON 1827 393 2220 RIVERDALE 20 (23) 11 WESTSIDE 1352 166 1518 21 (24) 11 RALEIGH COURT#1 1722 326 2048 5 (8) 11 JEFFERSON#2 1202 387 1589 22 (26) 11 RALEIGH COURT#2 1508 159 1667 6 (9) 11 TINKER 2697 780 3477 23 (27) 11 RALEIGH COURT#3 1336 229 1565 7 (10) 11 WILLIAMSON 1412 243 1655 24(28) 11 RALEIGH COURT#4 1021 93 1114 ROAD#7 25 (29) 11 RALEIGH COURT#5 979 146 1125 8 (11) 11 WILLIAMSON 968 85 1053 ROAD#2 26(30) 11 WASENA 1083 201 1284 WILLIAMSON 27(31) 11 FISHBURN 1307 188 1495 9 (12) 11 ROAD#3 1171 308 1479 28 (32) 17th GRANDIN COURT 1261 138 1399 10 (13) 11 WILLIAMSON 1203 154 1357 29 (33) 11 SOUTH ROANOKE#1 1581 185 1766 ROAD#4 30 (34) 11 SOUTH ROANOKE#2 2097 300 2397 11 (14) 11 WILLIAMSON 1193 259 1452 ROAD#5 31 (35) 17th LEE HI 2990 213 3203 12 (15) 11 WILLIAMSON 1296 186 1482 32 (37) 17th GARDEN CITY 2283 490 2773 ROAD#6 33 (38) CAP 13 (16) 11 LINCOLN 1084 233 1317 TERRACE TOTAL 54,467 10,116 64,583 14 (17) 17th MONTEREY 2134 311 2445 15 (18) 11 PETERS CREEK 3472 550 4022 16 (19) 11 MELROSE 1385 282 1667 Precincts 4000+(2) Peters Creek,Washington Heights 3000+(4) Jefferson#1,Tinker,Villa Heights,Lee Hi 2000+(6) Highland#2,Jefferson Riverdale,Monterey, Raleigh Ct #1, So.Roanoke#2,Garden City 1000+(20) Highland#1,Jefferson#2,Williamson Rd#1,Williamson Rd#2,Williamson Rd#3,Williamson Rd.#4,Williamson Rd.#5,Williamson Rd.#6, , Lincoln Terrace,Melrose, Eureka Park,Westside,Raleigh Ct#2, Raleigh Ct.#3, Raleigh Ct.#4, Raleigh Ct.#5,Wasena,Fishburn,Grandin Court, So.Roanoke#1 5 • He 8 5005 . wp°w.- — ' "` pawx<u:''e d..l a` •. Lk + .�.,' ; : . e. \..} -�House District 1 ' . 4 4 c, X9,c, 4 r y . d a „-‘""k‘4. h � e y(� ... _ WRkf WRk6 4 ; ,l V/ . A,a. ,k W < r s ,i WRkIR �4 t, t WRM3 0 +T _ f j F1rtka f ..,y„ ' Iv3L'4a r� Petk � � 3r f / 1 T✓ / ukc � r xa¢nc 'c.. . / yam. ,.as j sP r RCZ wFpl ai r -r �.,. :,_.. t't < s»"� iA' z y '1yl.arl � r ¢� d ®rJ±ZSi le RC4 I S 1 ^ 1 Y" .pn L'. H S! :Coon 1 � , [ Lee Hi,Grandin Court, Jeff Riverdale,Monterey, Garden City= 17'a House District • CONSOLIDATION: RECOMMENDATION 32 TO 27 PRECINCTS : 1 . Consolidate Raleigh Court 3 and Raleigh Court 4. TOTAL VOTERS: 2,679 Polling location to be determined by Registrar. 2. Consolidate Williamson Road 2 and Williamson Road 6. TOTAL VOTERS: 2,535 Polling location to be determined by Registrar. 3. Consolidate Raleigh Court 5 and Fishburn Park. TOTAL VOTERS: 2,515. Polling location to be determined by Registrar. 4. Consolidate Williamson Road 4 and Williamson Road 5. TOTAL VOTERS: 2,809 Polling location to be determined by Registrar. 5. Consolidate Raleigh Court 1 and Wasena. TOTAL VOTERS: 3,332 Polling location to be determined by Registrar. 6 PROPOSED VOTER COUNT WITH 27 PRECINCTS Precinct# House Precinct Name Active Inactive ALL Precinct# House Precinct Name Active Inactive ALL 1 11 HIGHLAND#1 1827 15 11 EUREKA PARK 1681 2 11 HIGHLAND#2 2277 16 11 VILLA HEIGHTS 3105 3 11 JEFFERSON#1 3011 4113 17 11 WASHINGTON HEIGHTS 4 17th JEFFERSON 2220 RIVERDALE 18 11 WESTSIDE 1518 RALEIGH COURT#1 & 3332 5 11 JEFFERSON#2 1589 19 11 WASENA 6 11 TINKER 3477 20 11 RALEIGH COURT#2 1667 21 11 RALEIGH COURT#3&4 2679 7 11 WILLIAMSON 1655 ROAD#1 8 11 WILLIAMSON 2535 RALEIGH COURT#5& 22 11 2515 ROAD#2&6 FISHBURN 9 11 WILLIAMSON 1479 ROAD#3 10 11 WILLIAMSON 2509 ROAD#4&5 23 17th GRANDIN COURT 1399 24 11 SOUTH ROANOKE#1 1766 25 11 SOUTH ROANOKE#2 2397 LINCOLN 26 17th LEE HI 3203 11 11 TERRACE 1317 27 17th GARDEN CITY 2773 12 17th MONTEREY 2445 (28) CAP 13 11 PETERS CREEK 4022 TOTAL 64,583 14 11 MELROSE 1667 Precincts 4000+(2) Peters Creek,Washington Heights 3000+(5) Jefferson#1,Tinker,Villa Heights,Raleigh Court#1 and Wasena,Lee Hi 2000+(9) Highland#2,Jefferson Riverdale,Williamson Rd#2&5,Williamson Rd#4&5,Monterey, Raleigh Ct #3&4, Raleigh Ct. 5&Fishburn, So. Roanoke#2,Garden City 1000+(11) Highland#1,Jefferson#2,Williamson Rd#1,Williamson Rd#3, Lincoln Terrace, Melrose, Eureka Park,Westside,Raleigh Ct#2, Grandin Court,So. Roanoke#1 7 CURRENT PRECINCTS AND POLLING LOCATIONS: 1 (1) HIGHLAND# 1 Scottish Rite Building 622 CAMPBELL AVE SW 2 (2) HIGHLAND#2 HIGHLAND PARK ELEMENTARY SCHOOL 1212 FIFTH ST SW 3 (5) JEFFERSON#1 FALLON PARK ELEMENTARY SCHOOL 509 19TH STSE 4 (7) JEFFERSON RIVERDALE JACKSON PARK BRANCH LIBRARY 17TH HOUSE 1101 MORNINGSIDE ST SE 5 (8) JEFFERSON#2 CRYSTAL SPRING BAPTIST CHURCH 2411 ROSALIND AVE SW 6 (9) TINKER East Gate Church of the Nazarene 2002 EAST GATE AVE NE 7 (10) WILLIAMSON ROAD#1 OAKLAND INTERMEDIATE SHOOL 3229 WILLIAMSON RD NE 8 (11) WILLIAMSON ROAD#2 PRESTON PARK RECREATION CENTER 3137 PRESTON AVE NW 9 (12) WILLIAMSON ROAD#3 PUBLIC WORKS SERVICE CENTER 1802 COURTLAND ROAD NE 10 (13) WILLIAMSON ROAD#4 ROUND HILL PRIMARY SCHOOL 2020 OAKLAND BLVD NW 11 (14) WILLIAMSON ROAD#5 VFW Post# 1264 4930 GRANDVIEW AVE NW 12 (15) WILLIAMSON ROAD#6 PRESTON PARK PRIMARY SCHOOL 3142 PRESTON AVE NW 13 (16) LINCOLN TERRACE LINCOLN TERRACE SCHOOL 1802 LIBERTY RD NW 14 (17) MONTEREY MONTEREY ELEMENTARY SCHOOL 17TH HOUSE 4501 OLIVER RD NE 15 (18) PETERS CREEK RUFFNER MIDDLE SCHOOL 3601 FERNCLIFF AVE NW 16 (19) MELROSE ST GERARD CATHOLIC CHURCH 809 ORANGE AVE NW 17 (20) EUREKA PARK ROANOKE ACADEMY OF MATH &SCIENCE 1616 19TH ST NW 18 (21)VILLA HEIGHTS FOREST PARK SCHOOL 2730 MELROSE AVE NW 19 (22)WASHINGTON HEIGHTS FAIRVIEW ELEMENTARY SCHOOL 648 WESTWOOD BLVD NW 20 (23) WESTSIDE WESTSIDE ELEMENTARY SCHOOL 1441 WESTSIDE BLVD NW 21 (24) RALEIGH COURT# 1 VIRGINIA HEIGHTS ELEMENTARY SCHOOL 1210 AMHERST STSW 22 (26) RALEIGH COURT#2 WOODROW WILSON MIDDLE SCHOOL 1813 CARTER RD SW 23 (27) RALEIGH COURT#3 PATRICK HENRY HIGH SCHOOL 2102 GRANDIN RD SW 24 (28) RALEIGH COURT#4 LAKELAND MASONIC LODGE# 190 2742 GRANDIN RDSW 25 (29) RALEIGH COURT#5 WASENA ELEMENTARY SCHOOL 1125 SHERWOOD AVE SW 26 (30) WASENA GHENT GRACE BRETHERN CHURCH GYM 1511 MAIDEN LANE SW 27 (31) FISHBURN PARK FISHBURN PARK ELEMENTARY SCHOOL 3057 COLONIAL AVE SW 28 (32) GRANDIN COURT GRANDIN COURT ELEMENTARY SCHOOL 17TH HOUSE 2815 SPESSARD RD SW 29 (33) SOUTH ROANOKE# 1 No. 8 FIRE STATION 2318 CRYSTAL SPRING SW 30 (34) SOUTH ROANOKE#2 CRYSTAL SPRING ELEMENTARY SCHOOL 2620 CAROLINA AVE SW 31 (35) LEE HI WINDSOR HILLS UNITED METHODIST CHURCH 17TH HOUSE 3591 WINDSOR RD SW 32 (37) GARDEN CITY GARDEN CITY ELEMENTARY SCHOOL 17TH HOUSE 3718 GARDEN CITY BLVD SE 33 (38) CENTRAL ABSENTEE REGISTRAR'S OFFICE, MUNICIPAL BUILDING 215 CHURCH AVE SW PRECINCT (CAP) 3 CITY OF ROANOKE s OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 jp3s.. Roanoke,Virginia 24011-1536 -1 Telephone: (540)853-3541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk®roanokeva.gov JONATHAN F,CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk December 20, 2012 Christopher P. Morrill Daniel J. Callaghan City Manager City Attorney Roanoke, Virginia Roanoke, Virginia Gentlemen: At the regular meeting of Council of the City of Roanoke held on Monday, December 17, 2012, Jim Hammestrom, Stephen Painter, and Elliot Wheeler, appeared before the Council to request adoption of a measure establishing as a position of the City Council to support a Constitution amendment declaring that corporations are not people, that they are not endowed with the legal rights of natural persons, and that money is not speech. The matter was referred to the City Manager and City Attorney for review and report to the Council and proponents. For your information, I am attaching copy of a detailed transcript regarding the discussion in its entirety. Sincerely, yyy,,��� Stephanie MC ) City Clerk Attachment pc: Jim Hammestrom, 1523 Westover Avenue, S. W., Roanoke, Virginia 24015 Stephen Painter, 601 King George Avenue, S. W., Roanoke, Virginia 24016 Elliott Wheeler, 805-B Elm Street, S. E., Roanoke, Virginia 24013 ti rx_ 'WLIYtMQhS-Fre This past election cycle saw more than $6 billion dollars spent in all federal elections. In 12 years the amount of money spent has doubled. Spending by the two presidential campaigns totaled over $2 billion dollars. That included the campaigns, the parties, and outside groups (the super PACS). $27 million dollars was spent in advertising just in our part of Virginia alone...Let those numbers sink in. $6B In 1976, in the case of Buckley v. Valeo, the Supreme Court ruled that money equals free speech; it held that the First Amendment prohibited the government from restricting independent political expenditures by corporations and unions. In 2010, the Supreme Court ruled in the case known as Citizens United, that unlimited spending by individuals would be permitted, and that corporations would be considered the same as people, what became known as Corporate Personhood. In the wake of those decisions, we have seen incredible amounts of money spent to elect.....and to defeat candidates for office. In fact, two wealthy brothers spent more than $400 million alone.... across the country for their candidates. Another individual poured close to $35 million into one presidential candidate's coffers in the last weeks before November 6 ..... Yes, millions of donations come from regular citizens, but the real difference this year was the outrageous spending from wealthy individuals, corporations, unions, and other groups' intent on influencing our laws. old el f This means that corporations or individuals who acquire enormous wealth can use that wealth to influence elections, and therefore influence the people who are elected.... to do their bidding. Does it seem fair that oil companies, huge banks, and international conglomerates.....or millionaires and billionaires from all across the political spectrum can pour money into campaigns.....and yet citizens of limited means have only their vote. There is a movement to overturn these rulings, that would return our system to what the founders had in mind, when the word corporation never was even mentioned in the constitution, and when the intent was one man, one vote (with some unique qualifications). One organization in that movement is called movetoamend.org. Those here tonight are members of a Movetoamend affiliate started here in the Valley. Tonight we ask the City Council to consider passing the resolution that's about to be read.... Thus joining the Councils of Richmond, Charlottesville, and over 200 cities across the country, that have passed such resolutions. You would also be joining with two states, Montana and Colorado, which passed similar statewide referendums on November 6th, by 75% and 73% respectively. The legislatures of seven states have also have passed resolutions calling for the decision to be overturned. Justice should never be for sale....and neither should our vote. Let's return democracy to our democratic republic, where the people have the power of the vote... and it's not purchased by the powerful few. it'd-Fa), 3 cad (o> the dissenting opinion to Citizens United stated that, "A democracy cannot function effectively when its constituent members believe laws are being bought and sold." California, Hawaii, Vermont, Rhode Island, Maryland, New Mexico, and Massachusetts ESTABLISH AS A POSITION OF THE CITY COUNCIL OF ROANOKE VIRGINIA TO SUPPORT A CONSTITUTIONAL AMENDMENT DECLARING THAT CORPORATIONS ARE NOT PEOPLE, THAT THEY ARE NOT ENDOWED WITH THE LEGAL RIGHTS OF NATURAL PERSONS.AND THAT MONEY IS NOT SPEECH WHEREAS,the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings, also known as"natural persons"; and WHEREAS,Corporations are not natural persons, but instead are artificial entities created by the law of states and nations,through the people; and WHEREAS,the United States Supreme Court's 5-4 decision in Citizens United vs. Federal Election Commission legalized unfettered corporate spending,overturning a century of established law that acknowledged the power of the people to limit corporate influence in elections and opened the floodgates to the flow of money in politics; and WHEREAS, interpretation of the US Constitution to include Corporations in the term"persons"has denied the people's sovereignty of self-governance by endowing Corporations with Constitutional protections reserved solely to the people; and WHEREAS,the judicial interpretation to construe spending money in political campaigns as speech is contrary to the idea of one person,one vote and allows those with the most money to have an unfair advantage over the sovereignty of the people; and WHEREAS,money is property, not speech; and WHEREAS,multiple polls continue to reveal that Americans oppose Citizens United, and WHEREAS,hundreds of municipalities across the country have already gone on record in calling for an amendment to the US Constitution to establish that Corporations are not people and money is not a form of speech, and that Corporations and their campaign spending must be made subservient to the sovereignty of the people. NOW,THEREFORE, BE IT RESOLVED that it is the position of the City Council of Roanoke Virginia to call for an amendment to the US Constitution declaring that Corporations are not people,that they are not endowed with the legal rights of natural persons,and that money is not speech. BE IT FURTHER RESOLVED that the City Council of Roanoke Virginia calls on other communities and jurisdictions to join with us in this action by passing similar Resolutions. COMMITTEE VACANCIES/REAPPOINTMENTS December 17, 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.