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HomeMy WebLinkAboutCouncil Actions 10-21-13 BESTPITCH 39779-102113 el ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 21 , 2013 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Trinkle was not present for 2:00 p.m. session only. The Invocation was delivered by The Reverend Daniel L. Rudy, Pastor, Ninth Street Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 24 at 7:00 p.m., and Saturday, October 26 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 1 THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, 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. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: ARCHITECTURAL REVIEW BOARD (ONE FOUR -YEAR TERM OF OFFICE (KNOWLEDGE OF HISTORIC PRESERVATION) BUILDING AND FIRE CODE BOARD OF APPEALS (ONE UNEXPIRED TERM ENDING JUNE 30, 2015) 2 FAIR HOUSING BOARD (ONE UNEXPIRED TERM ENDING MARCH 31, 2016) ROANOKE NEIGHBORHOOD ADVOCATES (ONE THREE -YEAR TERM OF OFFICE) TOWING ADVISORY BOARD (TWO THREE -YEAR TERMS OF OFFICE TOW ENFORCERS ONLY) THE ARTS AND CULTURAL COMMUNITY REPRESENTATIVES WILL BRIEF THE MAYOR AND MEMBERS OF THE COUNCIL AND MEMBERS OF THE ROANOKE ARTS COMMISSION DURING A LUNCHEON MEETING AT 12:30 P.M., IN THE EOC CONFERENCE ROOM, AND AT 4:00 P.M., IN THE COUNCIL'S CONFERENCE ROOM ON TUESDAY, OCTOBER 29. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of John Bello, Mathematics Professor from the Netherlands. The Mayor recognized Mr. Bello. Recognition of the City's Public Works Service Center facility and its operations as an "Exemplary Environmental Enterprise ". The Mayor recognized the Public Works Service Center and City staff. Recognition of the City's Parks and Recreation Department Re- accreditation. The Mayor recognized the Department of Parks and Recreation and City staff. A Proclamation declaring the month of October 2013 as Diversity Awareness Month. The Mayor presented the proclamation to Carolyn Glover, Director, Human Resources and members of the Diversity Advisory Council. A Proclamation declaring the month of October 2013 as Arts and Humanities Month. The Mayor presented the proclamation to Susan Jennings, Arts and Culture Coordinator and members of the arts and cultural community. A Proclamation declaring the month of October 2013 as Disability Employment Awareness Month. The Mayor presented the proclamation to Teresa Volk, Member, VALUE Committee. 3 A Proclamation declaring the week of October 20—26, 2013 as Red Ribbon Week. The Mayor and Council Member Price presented the proclamation to Kathy Graham-Sullivan, Director, RAYSAC and Sheila Lythgoe, RAYSAC Coordinator. Annual presentation by Peter Lampman, President, Virginia Amateur Sports, Inc. Mr. Lampman presented a plaque to the City for continued support of the Virginia Commonwealth Games. 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. Wanda Bean and Norvell Reed appeared before the Council to with concerns about stormwater management in the City. 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 one request for a Closed Meeting. C-1 Minutes of the regular meeting of Council held on Monday, August 19,2013. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. 4 ICw C -3 A communication from the City Clerk advising of the resignation of Christopher M. Pohlad- Thomas as a member of the Parks and Recreation Advisory Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -4 Annual report of the Board of Zoning Appeals for the fiscal year ending June 30, 2013. RECOMMENDED ACTION: Received and filed. C -5 Annual report of the Mill Mountain Advisory Board for the fiscal year ending June 30, 2013. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: a. Request of the Pilgrim Baptist Church Board of Trustees to amend Ordinance No. 38708 - 011910 adopted by City Council on January 19, 2010 in order to provide additional time to meet all proffered conditions pertaining to vacation of an alley off of 8`h Street, N. W. Nathan Tuning, Chairman, Board of Trustees, Spokesperson. Continued until 7:00 p.m. session. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. It ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds received from U. S. Department of Justice in connection with the FY 2014 Bulletproof Vest Partnership Grant for use by the Police and Sheriffs Departments. Adopted Resolution No. 39779-102113 and Budget Ordinance No. 39780-102113 (6-0). 2. Adoption of an ordinance to create a Western Virginia Regional Industrial Facility Authority. Adopted Ordinance No. 39781-102113 (6-0). 3. Adoption of a resolution making the irrevocable election deeming the City a non-participating employer of the Virginia Local Disability Program. Adopted Resolution No. 39782-102113 (6-0). 4. Authorization to convey to the Western Virginia Water Authority a permanent sanitary sewer easement over 3303 Garst Mill Road, S. W., to resolve a flood damaged sanitary sewer main and permanent waterline easements along the east side of Garden City Boulevard to support the relocation of the water treatment facility at 3303 Garst Mill Road. Adopted Ordinance No. 39783-102113 (6-0). 5. Authorization to enter into capital contribution agreements with the Virginia Museum of Transportation and Jefferson Center Foundation, respectively. Adopted Ordinance Nos. 39784-102113 and 39785-102113 (6-0). COMMENTS BY CITY MANAGER. The City Manager offered the following comments: Arts and Cultural Community • Roanoke Summit Toward a Creative Healthy Sector will be held on October 30 at the Virginia Tech Carilion School of Medicine. Admission is free and speakers will be brought in from Missouri and Utah. 6 Main Library Renovation • To begin on Monday October 28. • The main library will be closed and the staff and resources will be moved to the branch libraries. • The first floor and mezzanine will be renovated and will have self- check out, flexible rooms, children's mezzanine with a slide down to the main area, family restrooms, children's reading area, expanded youth services department and a deck that opens up on to Elmwood Park. Past Weekend Events • Saturday morning Heart Walk. • 300 in attendance in pink at Zumba for a Cause. • Crime Prevention Day with police and fire vehicles present for children to explore. • GO Outside Festival with 10,000 attendees and 20 percent more vendors. • Elmwood Park Ribbon Cutting with 1 ,500 in attendance. 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. 39786-102113 (6-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution reappointing Vickie H. Bibee as a Director of the Economic Development Authority for a term of four years ending October 20, 2017. Adopted Resolution No. 39787-102113 (6-0). b. A resolution reappointing Brian K. Redd as a Director of the Economic Development Authority for a term of four years ending October 20, 2017. Adopted Resolution No. 39788-102113 (6-0). 7 c. A resolution designating Council Member Anita J. Price as the Voting Delegate for the Annual Business Meeting of the National League of Cities on Saturday, November 16, 2013, in Seattle, Washington. Adopted Resolution No. 39789-102113 (6-0). 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Bestpitch commented on the success of the Super Hero race held over the weekend. Council Member Lea announced that on Saturday, October 26, at 9:30 a.m.,faith-based organizations would lead a Prayer Walk at Melrose Park. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS - 3:26 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING; AND RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 8 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 21, 2013 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. All present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop 17 and Cub Scout Wolf Den Pack 17, sponsored by St. John's Episcopal Church. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 24 at 7:00 p.m., and Saturday, October 26 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Members of the Boy Scouts of America for achieving the Scout's highest advancement honor. The Mayor recognized the Eagle Scouts and presented City lapel pins 9 B. PUBLIC HEARINGS: 1. Continuation of request of the Pilgrim Baptist Church Board of Trustees to amend Ordinance No. 38708-011910 adopted by City Council on January 19, 2010 in order to provide additional time to meet all proffered conditions pertaining to vacation of an alley off of 8th Street, N. W. Nathan Tuning, Chairman, Board of Trustees, Spokesperson. Adopted Ordinance No. 39790-102113 (7-0). 2. Proposal of the City of Roanoke to issue General Obligation Public Improvement bonds of the City, in connection with the Regional Center for Animal Control and Protection project. Ann H. Shawver, Director of Finance. Adopted Resolution No. 39791-102113 (7-0). 3. Proposal of the City of Roanoke to consider an ordinance to create a stormwater utility. Christopher P. Morrill, City Manager. The matter was tabled. C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Theresa Gill-Walker appeared before the Council. CERTIFICATION OF CLOSED MEETING (7-0) D. RECESS - 8:41 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, OCTOBER 25, 2013, TO BE RECONVENED AT 8:30 A.M., AT THE HIGHER EDUCATION CENTER, ROOM 206-B, 108 NORTH JEFFERSON STREET, S. W., FOR A STRATGEIC PLANNING WORK SESSION. 10 CITY OF ROANOKE ue CITY COUNCIL 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 COUNCIL MEMBERS DAVID A.BOWERS William D.Bestpitch Raphael"Ray"Ferris Mayor Sherman P.Lea Anita J.Price Court G.Rosen David B.Trinklc October 21, 2013 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 may not be present at the 2:00 p.m. session of Council on Monday, October 21, 2013. Best wishes fora successful meeting. Si,cerely, raved B. Trmkle Council Member DBT/ctw STEPHANIE M. MOON, MMC City Clerk OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov October 24, 2013 Pastor Daniel L. Rudy Ninth Street Church of the Brethren 1103 9th Street, S. E. Roanoke, Virginia 24013 Dear Pastor Rudy: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, October 21, 2013. Inasmuch as the invocation is an official part of every Council meeting and is listed on the agenda and is delivered as part of the opening ceremony, along with the Pledge of Allegiance to the Flag, all invocations delivered by the clergy must be nonsectarian in nature, and should not be used to advance a particular religion or to disparage another faith or belief, but offer a time of reflection and encouragement. If you should desire to deliver the invocation at a future Council meeting, I would respectively request that you refrain from advancing a particular religion. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:aa Recognition of Professor John Bello • Mr. John Bello is visiting Virginia Western Community College through the "International Exchange Program". • He is from Oss, The Netherlands and is a Professor of Mathematics at Koning Willem College (King William College), where he teaches "basic arithmetic" which is the American equivalent of "developmental mathematics". • The Netherlands shares some of the same educational challenges that we have in the US with regard to students being prepared in mathematics for the rigors of the college environment. • He has been visiting with professors and dialoging with educators at VWCC about how to engage students in learning and strategies to overcome the challenges that both colleges share. Office of the Mayor CITY OF ROANOKE • WHEREAS, the success of any organization is contingent upon a workplace where the administration encourages a workforce which serves, appreciates, respects and values the variety of differences that exist in a shared community; WHEREAS, in 2006 the city administration formed a Diversity Advisory Council of employees who have volunteered to work collaboratively to promote inclusion in our culture, elevate our core values and who serve as inclusion champions for the organization; WHEREAS, the Council has actively sought to promote diversity and inclusion as strengths to be encouraged and celebrated; and to discourage discrimination based on race, ethnicity, gender, age, socioeconomic status, and other factors which deny the essential humanity of all people; WHEREAS, the Diversity Advisory Council emphasizes the benefits of elevating the performance of the organization by respecting, celebrating, and embracing the collective mixture of differences and similarities of our employees; WHEREAS, our behaviors will demonstrate open communication, an eagerness to learn and share knowledge, recognize and celebrate actions that promote acceptance while suspending judgment; and a variety of employee events will be conducted which will highlight these behaviors;and WHEREAS, the Diversity Advisory Council will continue to promote a welcoming, inclusive, and open work environment that delivers excellent service and creates a more vibrant and inviting community. NOW, THEREFORE, I, David 4. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 2013 throughout this great, six-time All- America City, as DIVERSITY AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this twenty-first day of October in the year two thousand and thirteen. ATTEST: $ l OM4Mw Stephanie M.Moon 2 r , David A.Bowers City Clerk Office of the Mayor CITY OF ROANOKE • 11 0 tip amalie WHEREAS, for more than two decades the month of October has been recognized as National Arts and Humanities Month by arts and cultural organizations and communities, states, he White House and the United States Congress; WHEREAS, the arts and humanities—including music, dance, the graphic arts, and literature—embody much of the accumulated wisdom and imagination of humankind; WHEREAS, the arts and humanities enhance and enrich the lives of every citizen • of Roanoke; WHEREAS, the arts and humanities play a uniquely valuable role in the lives of our families, our community, and our Nation;and WHEREAS, the existence of a healthy local nonprofit arts industry in Roanoke and in communities across the country strengthens our national economy by generating $135.2 billion in economic activity and supporting the equivalent of 4.13 million jobs. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, call upon its citizens to celebrate and promote arts and cultural activities and to participate in actions designed to support the arts and humanities in the Roanoke Valley do hereby proclaim October 2013 throughout this great, six-time All-America City, as NATIONAL ARTS AND HUMANITIES MONTH. Given under our hands and the Seal of the City of Roanoke this twenty-first day of October in the year two thousand and thirteen. ATTEST: m."le ''Cr514 ^- Stephanie M.Moon ' - David A. Bowers Mayor City Clerk !`� __ � Ma Y J _ • F6' • WHEREAS, we recognize that for Americans with disabilities, employment is a fundamental to independence, empowerment and quality of life; WHEREAS, the United States Congress, by joint resolution of August 11, 1945, as amended (36 U.S.C. 121), has designated October of each year as National Disability Employment Awareness Month; WHEREAS, the Americans with Disabilities Act of 1990 (ADA) is designed to remove barriers and enable individuals with disabilities to fully participate in society; WHEREAS, the Valley Advocates and Leaders for Understanding and Education (VALUE), formerly the Mayor's Committee for People with Disabilities, a volunteer group of citizens and business leaders with and without disabilities, formed originally in 1969 as "The Mayor's Committee on Employment of the Handicapped" continues to work diligently to improve the lives of individuals with disabilities; WHEREAS, the City of Roanoke continues to work with VALUE and other Roanoke Valley organizations and citizens: • to improve the physical,psychological, social and spiritual well-being of persons with disabilities in the community; • to educate the public about resources available to make the most of the potential of individuals with disabilities; • to recognize the value of employees with disabilities and their employers through special programs and activities throughout the year; and • to uphold the,fundamental commitment of justice and equality for all people; and NOW, THEREFORE, L David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 2013, throughout this great All-America City, as DISABILITY EMPLOYMENT AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this twenty first day of October in the year two thousand and thirteen. ATTEST: Stephanie M.Moon el' M David A. Bowers City Clerk Mayor Office of the Mayor am . CITY OF , - ROANOKE „Np WHEREAS, the RED RIBBON CAMPAIGN was initiated in 1985 by the Virginia Federation of Communities for Drug-Free Youth; and the red ribbon was designated as the symbol of intolerance of illegal drug use and a commitment to a drug- free life style; WHEREAS, RAYSAC (Roanoke Area Youth Substance Abuse Coalition) and Blue Ridge Behavioral Healthcare will demonstrate their commitment to a drug-free community by urging the citizens of Roanoke to display RED, in the form of banners, ribbons worn as lapel pins, ribbons placed on car antennas, and red bows placed on mailboxes or on front doors;and WHEREAS, a Candlelight Remembrance Ceremony will be held at The Hotel Roanoke and Conference Center on Sunday, October 27, to remember those persons whose lives have been affected by substance abuse. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 20 - 26 throughout this great, six- time All-America City, as RED RIBBON WEEK. Given under our hands and the Seal of the City of Roanoke this twenty- first day of October in the year two thousand and thirteen. ATTEST; Stephanie M. Moon -__ ewer ti City Clerk Mayor Anita J. Price Council Member SUBWAY COMMONWEALTH GAMES of Virginia VS Virginia Amu Sports,Inc. 7l 1 ate C 5th r Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 INSPIRING WELLNESS &COMPETITION www.conunonwealthgames.org SPONSORS TITLE October 21, 2013 Subway PRESENTING ABC 13 WSET City of Roanoke The Honorable Mayor David A. Bowers City of Salem Roanoke County Members of City Council PREMIER City of Roanoke Kroger Amerman Nammal Gmvasity Roanoke,Virginia 24011 GOLD MEDAL Arby's Dear Mayor Bowers and City Council Members Blue Ridge Copier Members, K9Z First Team Auto Mall Magnets Thank you once again for giving me the opportunity to publicly say thank Play By Play Evans Gear&Apparel you for your ongoing support and commitment to Virginia Amateur Sports Roanoke Valley CVB Sherwood Memorial Park and the Virginia Commonwealth Games, known as the Subway StellarOne Care ty VelociCare Commonwealth Games of Virginia. Due to your efforts and the other Virginia Hleh School League Valley governments, our 24th Anniversary was a success. SILVER MEDAL Complete Small Business Solutions Grand Home Furnishings Enclosed is a small report on the economic impact the Games had on the Hargrave Military Academy Home Magazine Roanoke Valley. The report also provides information on the Holiday inn-Tanglewood Magic City Ford demographics of where the athletes traveled from to participate. Over the Smith p Therapies past 24 years, nearly 210,000 athletes have competed in this event, T» Tanglewood Mortgage known throughout Virginia as Virginia's Olympics. BRONZE�ro Au Advertising Again, please accept my thank you for enhancing our ability to carry on Appalachian Company ur Tradition of Excellence; the Subway Commonwealth Games of Blue Ridge Independent Living Ctr Candler Heating&Air Virginia. Dicks Sporting Goods Dominos Pim Dominion Lodging Ear Outfitters Hall Community Service Sincerely, Jewell.Inc Maple Leaf Virginia Amateur Sports Mountain Springs Water Roanoke Fruit&Produce Roanoke Regional Partnesbip Stop In SaLr 1441>Inol;SJ US Army Peter Lampman PARTNER ACAC President Amerigroup Ayers Financial Cambba's Delta Dental Funomenal Sports &Training Goldee C Poe&C COMMONWEALTH GAMES of Virginia Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee Virginia Amateur Sports,Inc. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 INSPIRING WELLNESS & COMPETITION www,commonwealthgames.org SPONSORS VIRGINIA AMATEUR SPORTS TILE 2012-2013 ECONOMIC IMPACT Subway PRESENTING ABC ti WSET City of Roanoke f le m m City f Tourism in Virginia Roanoke Canty Tourism is a$13 billion per year industry in Virginia PREMIER Kroger Tourism is a$1 million per day industry in the Roanoke Valley American tional University Each dollar spent on tourism marketing returns$4-$6 in tax revenues GOLD MEDAL Arby's Blue Ridge Copier R92 Coventry Commonwealth Games of Virginia _ 6 First Team Auto Main 1.Number of athletes that stayed overnight 3,056 Magnets USA MemberOne 2.Number of spectators that stayed overnight 6,112 ght Play By Play Rivanna Gear&Apparel (1:2 ratio) Roanoke Valley CYB 1.40 days Sherwood Manorial Park 3. Average length of stay earOy Bank Velocity 4. Estimated average daily expenditures $150 a Care S Virginia LEO School League 5. Estimated overnight expenditures $1,925,280 SILVER MEDAL (1 +2 x 3 x 4) Complete Small Business Solutions 1,687 r MlitaryAcadem 6.Number of day athletes Hargrave Home iaa tie Home -angle Holiday Mine City Ford 3,374 Magic ai y Fad 7.Number of day spectators Ph Rivr Sens Coma Smith Rivet span.,Complex (1:2 ratio) T o�ewk Moo 1,200 TowoeBeNC MOtgage 8. Number of day volunteers 9.Estimated average daily expenditures $40 MEDAL Advelennnes in Advertising 10. Estimated daily expenditures $250,440 Appalachian Power Company Best Buy (6}7 +8 x 9) Blue Ridge Independent Living Ctr Candler Heating&Air 11. Estimated total visitor expenditures $2,175,720 Dicks Sporting Goods Dominos (10 + 5) Pizza Dominion Lodging Ear Outfitters Hall Community Service Jewell,Inc Maple Leaf Maintain Springs Water Roanoke Fruit&Produce Roanoke Regional Partnership $1 Arm y TOTAL ECONOMIC IMPACT $2,175,720 St Arm PARTNER ACAC Amerigroup Ayers Financial Canabbas Delta Dental Funumeal Sports Ace &Training Golden C Poe&C COMMONWEALTH GAMES of Virginia Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee 2013 Subway Commonwealth Games of Virginia Estimated Regional Distribution Other ort 430 1858 Roano e V. ey entr 2696 1927 East 1009 Roanoke Valley: City of Roanoke, City of Salem, Roanoke County, Vinton West: Bristol, Franklin Co, Martinsville,New River Valley Central: Charlottesville, Lynchburg, Farmville, Staunton North: Winchester, Culpeper, Harrisonburg,Northern VA East: Chesapeake, Richmond, Fredericksburg, Virginia Beach Other: KY, MD,NC, PA,SC, TN, and WV 2013 Subway Commonwealth Games Estimated Regional Distribution Other 4.76% Roanoke Valley West 29.78% •Roanoke Valley 12.44% • North a East •West North •Central 20.55% Central •Other 21.31% East 11.16% 2013 Subway Commonwealth Games Estimated Age Distribution 7.9% .10 •0-18 6.6% • 19-24 ❑25-44 ■45 & Over 2013 Subway Commonwealth Games Estimated Gender Distribution • Female 43.04% • Male 56.96% �. '✓}�'`+ CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 COUNCIL MEMBERS DAVID A.BOWERS William D.Bestpitch M avor Raphael'Ray"Ferris Sherman P.Lea Anita J.Price Court G.Rosen David B.Trinkle October 21, 2013 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 performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, Anita J. P e, Chair City Council Personnel Committee AJ P:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 21, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Christopher M. Pohlad-Thomas has tendered his resignation as a member of the Parks and Recreation Advisory Board, effective immediately. Sincerely, WW") 2414kes:1/44.,Inn Stephanie M. Moon, MMC City Clerk PARKS AND RECREATION Noel C.Taylor Municipal Building �C�flttti 215 Roanoke, Avenue, 011 Room 303 Roanoke,Virginia z4ou TAT, ROA N O K E 540 853.zz36 fax 540.853 1287 www.roanokeva.gov/play 1 w October 3, 2013 Dear Mayor Bowers and Roanoke City Council, As Chair of the Roanoke Parks& Recreation Advisory Committee, it is my sad duty to confirm that Mr. Christopher Pohlad-Thomas has resigned his position from the Committee due to increasing demands on his time from his occupation as well as a new child. His presence will be missed. I am aware that Debbie Piscioneri has submitted her application to be considered for Council Appointed Boards and is specifically interested in the Parks & Rec Advisory Board. She has been very involved in the recreational community in the Valley and I believe would make an excellent addition. She is passionate about outdoor recreation as well as youth sports and youth health in general. Additionally, her appointment would further help increase the diversity in the membership of the PRAB. I hope you will consider her application for the PRAB. Thank you so much, G ordie Zeigler Noel PLAC.NNINTaylor GMunicipal, BUILDING Building AND DEVELOPMENT aaria Ro Church Avenue,SW, Room 166 �/ Roanoke,Virginia zgou ROANOKKE 540.853.1730 nning faxeva gov.1a3o planning @roanokeva.gov October 21 , 2013 The Honorable David A. Bowers, Mayor Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: As Chairman of the Roanoke City Board of Zoning Appeals for 2013, it is my honor to present to you the annual report for July 1 , 2012 through June 30, 2013. The Board of Zoning Appeals held nine (9) regular public hearings, during which there was one (1 ) variance request, fifteen (1 5) special exception (use) requests, and three (3) appeals of Zoning Administrator's decision. In the current year, the Board of Zoning Appeals' goals are: first, continue to serve the citizens and developers of the community in furthering the use, development and redevelopment of property through variances and special exceptions; second, to continue to act as a discretionary administrative body and make decisions in matters where a person or party within the community is aggrieved by a decision made in the administration or enforcement of the zoning ordinance; and lastly, to recommend to the Planning Commission and City Council necessary revisions to the zoning ordinance in order for the Board to continue to provide fair and equitable service to the community and its citizens. The Board continues to work with the City Attorney's Office to assure that our procedures promote a concise and fair process. On behalf of the Board, I would like to express our appreciation for Council's ongoing efforts to improve the effectiveness of the Board of Zoning Appeals through funding for the training and certification of the Board members. ( Sincerely, W. Michael Woolwine, Chair Board of Zoning Appeals CITY OF ROANOKE BOARD OF ZONING APPEALS Appointment of the Board The Council of the City of Roanoke appoints a Board of Zoning Appeals in accordance with enabling legislation as set forth by the Commonwealth of Virginia, which provides that the said Board of Zoning Appeals may, in appropriate cases and subject to appropriate conditions and safeguards, vary the application of the terms of the zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. Membership of the Board The Board of Zoning Appeals shall consist of seven members, appointed for a term of three years and removable for just cause by City Council, upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members may be reappointed and may serve up to three consecutive, three-year terms. Powers of the Board The Board is appointed by City Council to act as a discretionary administrative body to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by administrative officials in the enforcement of the zoning ordinance adopted pursuant thereto. The Board is charged with the responsibility to hear, decide and authorize special exceptions to the terms of the zoning ordinance based upon certain criteria and findings as specified in the ordinance; and to hear, decide, and authorize, upon appeal in specific cases, a variance from the terms of the zoning ordinance that would not be contrary to the public interest where a literal enforcement of the provisions of such ordinance would result in unnecessary hardship, provided in all cases, the spirit of the ordinance shall be observed and substantial justice done. SUMMARY OF BOARD ACTION July 1, 2012, through June 30, 2013 During the fiscal year of July 1, 2012, through June 30, 2013, the Board of Zoning Appeals heard 19 requests. These applications consisted of 1 Variance request,15 Special Exception requests, and 3 Appeals. SUMMARY VARIANCES 1 SPECIAL EXCEPTIONS APPROVED 14 VARIANCES DENIED 1 SPECIAL EXCEPTIONS WITHDRAWN 1 APPEALS 3 APPEALS WITHDRAWN 1 APPEALS ON HOLD 1 APPEALS GRANTED 1 ATTENDANCE There were 9 regular hearings held in this fiscal year. BOARD MEMBER ATTENDANCE Terry Wayne Cundiff 9 of 9 Bryan Musselwhite 8 of 9 Drew Kepley 6 of 9 Mike Woolwine 9 of 9 Roger Malouf 8 of 9 Rob Logan 9 of 9 Steven Trompeter 5 of 5 (appointed 1/1/13) July 1 , 2012 through June 30, 2013 BZA Cases File No. Applicant Location/tax No. I Request Code Result Section ZA120005 Eugene M. Bane, 2151 Berkley Ave., SW, Special exception- 36.2- Granted 10/9/12 III, President, #1430414 expand 705(c) Evolution3, LLC _ nonconforming use ZA1 20006 711 Fourth 711 4" St., SW, Variance 36.2-312 Denied 10/9/12 Street, LLCI #1020112 ZA1 20007 Timothy W. 934 Rockland Ave., N.W., Special exception 36.2-311 Granted 11/13/12 Wheat # 2050231 Two-Family Dwelling ZA1 30001 Dyniss, LLC and 2067 McVitty Rd., SW, Special Exception 36.2-315 Granted 2/13/13 AT&T #5100908 Wireless with conditions _ Telecommunications ZA1 30002 Claudia Benitez 5105 Melrose Ave., NW, Special Exception 36.2-31 5 Granted 2/13/13 #6110143 Eating and Drinking with conditions Establishment ZA1 30003 Claudia Benitez 5105 Melrose Ave., Special Exception 36.2-31 5 Withdrawn NW,#6110143 Entertainment Establishment ZA1 30004 AT&T 3787 Parliament Rd., SW, Special Exception 36.2-315 Granted 2/13/13 #5490208 Wireless with conditions Telecommunications ZA1 30005 Galaxy Printing, 1817 Salem Ave., SW, Special Exception 36.2-707 Granted 3/13/13 LLC #1 311 507 Change with conditions Nonconforming use ZA1 30006 Precision 1634 Seibel Drive, NE, Special Exception 36.2-322 Granted 3/13/13 Commercial #7190101 for Steel Fabrication with conditions Holdings, LLC ZA1 30007 G. Michael Pace, 4524 Melrose Ave., NE, Appeal of Zoning 36.2-315 On Hold Jr. #6071101 Administrator Decision ZA1 30008 Jade Daniels 1420 Third St., SW Special Exception 36.2-315 Granted 4/10/13 #1031305 trade school ZA1 30009 Clinton Yandle 2416 Shenandoah Ave., Special Exception 36.2-707 Granted 4/10/13 NW, #2311009 Change with conditions Nonconforming Use ZA130010 Barry St.John 913, 917, 921 Georgia Special Exception 36.2-311 Granted 4/10/13 Ave., NE, #3061 305-7 Two-Family Dwelling with conditions ZA130011 Roanoke River 1620 and 1700 Jefferson, Special Exception 36.2-315 Granted 4/10/13 Associates St., SE, Walnut Ave., SE, offsite parking and with conditions #4040301 , 4040401 , trash/refuse 4030305-6 collection July 1 , 2012 through June 30, 2013 BZA Cases ZA1 3001 2 Roanoke River 1620 and 1 700 Jefferson, Special Exception 36.2-315 Granted 4/10/13 Associates St., SE, Walnut Ave., SE, offsite parking and with conditions #4040301, 4040401 , trash/refuse 4030305-6 collection ZAl 3001 3 Robert A. Marra 2916 Brambleton Ave., Special Exception 36.2-707 Granted 5/8/13 SW, #1650701 change with conditions nonconforming use ZA1 30014 Mike Powell 4509 Salem Tpke, N.W. Special Exception 36.2-707 Granted 5/8/13 #6081203 change nonconforming use ZA1 3001 5 W.F. Mason,Jr. 2626 Avenham Ave, S.W. Appeal 36.2-425 Granted 5/8/13 #1061104 ZA1 30016 W. F.Jason,Jr. 2626 Avenham Ave, S.W. Appeal 36.2-425 Withdrawn #1061104 ANNUAL REPORT OF MILL MOUNTAIN ADVISORY COMMITTEE July 2012-June 2013 ATTENDANCE: (SEE ATTACHED RECORD FOR VERIFICATION) 7/26/12 100% (6/6) 9/27/12 100% (6/6) 10/25/12 100% (6/6) 1/24/13 88% (7/8) NOTE: There was some confusion by a newly 3/28/13 78% (7/9) appointed member accounting for an absence at the January and March Meetings. 5/23/13 45% (4/9) NOTE: This meeting fell on Memorial Day weekend and many members were traveling. We were aware of this in advance, and the members who were able to attend wanted to meet even without a quorum. Attendance Summary: The attendance (excusing the confusion of a new member regarding the term of appointment) would be 100% for four of six meetings, and one member absent for the remaining meeting. The 5/23/13 meeting the week of Memorial Day points to the issue of meeting during a Holiday week. We forgo our November meeting for this reason. We will address the May meeting under new business at our September 26, 2013 meeting to discuss scheduling in the future. No member has been absent three consecutive meetings which would cause them to vacate their position. Work of Committee: Review and Revision of By-Laws Review and Coordination of Mill Mountain Constituents: This committee provides a needed opportunity for the Constituents of Mill Mountain to meet, discuss and coordinate activities. *Parks and Recreation, Discovery Center, Mill Mountain Zoo, Mill Mountain Greenway events, Mill Mountain Garden Club, Trail Coordinators all identify needs and work together to solve problems and support one another. *Christine Elder, Recreation Specialist, spoke at Mill Mountain Garden Club *Mill Mountain Garden Club signs dedicated, new Outdoor Classroom. *Initiation of Prospect Road Project: Funding sought from City, Blue Ridge Marathon, and others. Tree work and partial rock work to be performed by City. *Compilation of History of Prospect Road including photographs, newspaper articles, etc. This is used for presentations to groups. (Over 10 presentations to date) Further follow up to be done by Steve Buschor and Street Department. *Attended City Council Meetings to preserve the Committee. Delay in filling three new positions was also a challenge, but we welcomed new members by March 2013. *Request to City for Signage on Walnut Avenue to direct tourists to Mill Mountain Park. (GPS directs them up Sylvan Road which is closed). Signs are currently in process of being installed on Fishburn Parkway and Blue Ridge Parkway. Sign at Sylvan is pending per City Street Department. Request to City to request correct GOOGLE maps, GPS etc. Information provided to City on invasive weed, Arundo. *Met with Donnie Underwood on Long Range Planning for Prospect Road. Estimates for Scope of Work and Cost obtained. *Mill Mountain Garden Club Signs dedicated---interpretive Sign: Chestnut-Tree of Hope" underwritten by Glenn, Feldmann, Darby and Goodlatte. *Derby Day Gala proceeds directed to Mill Mountain Zoo as result of needed income being communicated at earlier meeting. ($15,000) *Continued request to Urban Forester for tree work, however budget constraints and emergency work have delayed this work. Mr. Buschor to seek matching grant for the forestry work. *Review of Annual City Budget, with emphasis on Mill Mountain Constituents. *Encouraged attendance at Zoo events--nice to see Committee members there with their families and friends. *Promoted work of Garden Club of Virginia's 80`h Anniversary Historic Garden Week in Virginia. *Addressed Trash Dumping on trails and Illegal Campers on Mill Mountain. *Reviewed work of other City Committees, attendance. Committed to maintaining our work and excellent attendance record, especially after three vacant positions were filled. *Nominated the Blue Ridge Marathon for the 2013 Commonwealth of Virginia FLITE (First Lady's Initiatives Team Effort) Award. We have been notified that they were a winner this year and will receive a $2000 grant at the Annual FLITE Reception at the Executive Mansion in Richmond on October 24, 2013. *Initiation in cooperation with North Cross School of the Mill Mountain Day. After spending a day on Mill Mountain, a portion of the proceeds raised by the School's students will benefit Mill Mountain. (Note: Students also volunteered in the Mill Mountain Garden Club Wild Flower Garden.) The work of Mill Mountain Advisory Committee is an important service to the City of Roanoke. We spend no City revenue. Our constituents help oversee, improve and preserve the treasure that is Mill Mountain. By working together, we are able to support one another's' organizations and bring our resources for the good of the City. Plan for Future Agenda: Achieve Standing Committee Status through City Council Funding Request for Prospect Road Jointly work together to enhance Mill Mountain Zoo Status: North Cross Mill Mountain Day, consider Zoo Month including Octoberfest, etc. Increase emphasis on partnering with the Community to raise awareness, support and funds. Respectfully Submitted, Nancy V. Dye, MD Nancy V. Dye, MD Chairman, Mill Mountain Advisory Committee October 10, 2013 Contact Information: Nancy V. Dye 1801 Prospect Road Roanoke VA 24014 540-798-4620 nancy.dye57 @gmail.com CAS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39779-102113. A RESOLUTION authorizing acceptance of the FY 2014 Bulletproof Vest Partnership Grant made to the City of Roanoke by the United States Department of Justice,Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Department of Justice, Office of Justice Programs, the FY 2014 Bulletproof Vest Partnership Grant in the amount of $13,568 to the Roanoke City Police Department to purchase 55 concealable bullet resistant vests; and$1,500 to the Roanoke City Sheriff's Depat tment to purchase 6 concealable bullet resistant vests. Each department is required to satisfy a 50% local in-kind match. Such grant being more particularly described in the City Council Agenda Report dated October 21, 2013. 2. The City Manager is hereby authorized to execute and file,on behalf of the City,any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Justice, Office of Justice Programs in connection with the acceptance of the foregoing grant. ATTEST: City Clerk. R-ballistic vests grant FY2014.10-21-13 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39780-102113. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2013-2014 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 2013-2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel - Sheriff 35-140-5914-2064 $ 1,500 Wearing Apparel - Police 35-640-3800-2064 13,568 Revenues Bulletproof Vest FY14 — Sheriff 35-140-5914-5914 1,500 Bulletproof Vest FY14 — Police 35-640-3800-3800 13,568 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. ' 44114 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21 , 2013 Subject: FY 2014 Bulletproof Vest Partnership Grant Award Background: The United States Department of Justice is the administering agency for the Bulletproof Vest Partnership (BVP). The BVP reimburses 50% of the cost of new bullet resistant vests purchased by law enforcement agencies. The City of Roanoke has been awarded $1 5,068 in FY 2014 funding. The Police Department was awarded $13,568 to purchase 55 concealable primary use bullet resistant vests. The Sheriff's Office was awarded $1 ,500 to purchase 6 concealable primary use bullet resistant vests. The required in-kind match of 50% of bullet resistant vest cost will be satisfied through each department's budget. Recommended Action: Accept the FY 2014 Bulletproof Vest Partnership Grant Award described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding and establish a revenue estimate for the Police Department in the amount of $13,568 and the Sheriff's Office in the amount of $1 ,500, in an account to be established by the Director of Finance in the Grant Fund. stopher P. Morrill City Manager Distribution: Council Appointed Officers Octavia Johnson, Sheriff of Roanoke R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget -,'' ' 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,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39781-102113 to execute the Agreement Creating the Western Virginia Regional Industrial Facility Authority ("Agreement"), between the Town of Vinton, Botetourt County, Franklin County, Roanoke County, the City of Roanoke, and the City of Salem; authorizing the execution of and all documents necessary to establish the Western Virginia Regional Industrial Facility Authority consistent with the terms and conditions of the Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 21, 2013, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Susan Johnson, Clerk, Vinton Town Council, 311 South Pollard Street, Vinton, Virginia 24179 Susan Fain, Clerk, Botetourt County Board of Supervisors, One West Main Street, Fincastle, Virginia 24090 Sharon Tudor, Clerk, Franklin County Board of Supervisors, 1255 Franklin Street, Suite 112, Rocky Mount, Virginia 24151 Christopher P. Morrill City Manager October 22, 2013 Page 2 pc: Deborah C. Jacks, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 -0798 James E. Taliaferro, Il, Clerk, Salem City Council, 114 North Broad Street, Salem, Virginia 24153 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Wayne Bowers, Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39781-102113. AN ORDINANCE, authorizing the City Manager to execute the Agreement Creating the Western Virginia Regional Industrial Facility Authority ("Agreement"), between the Town of Vinton, Botetourt County, Franklin County, Roanoke County, the City of Roanoke, and the City of Salem; authorizing the City Manager to execute any and all documents necessary to establish the Western Virginia Regional Industrial Facility Authority consistent with the terms and conditions of the Agreement; and dispensing with the second reading by title of this ordinance. WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"), the governing bodies of Botetourt County, Franklin County, Roanoke County, City of Roanoke, City of Salem, and the Town of Vinton desire to improve the economies of their localities; WHEREAS, providing a mechanism for localities in the creation to cooperate in the development of facilities will assist the region in its economic growth; WHEREAS, the General Assembly of the Commonwealth of Virginia has recognized that regional industrial facility authorities will enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its member localities; WHEREAS, regional industrial facility authorities and the powers vested in such authorities shall be for the benefit of the inhabitants of the region, and other areas of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity; and (00050605.DO C%) WHEREAS, the City of Roanoke is authorized by the Act to participate in such regional industrial facility authorities and the Council of the City of Roanoke, Virginia, in conjunction with other governing bodies hereby proposes to create the Western Virginia Industrial Facility Authority, a public body politic and corporate created pursuant to the Act. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The economic growth and development of the City of Roanoke, Virginia and the comfort, convenience and welfare of its citizens require the development of facilities. 2. Joint action through a regional industrial facility authority by Botetourt County, Franklin County, Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton will facilitate the development of the needed facilities. 3. The City of Roanoke is hereby authorized to execute the Agreement establishing the respective rights and responsibilities of the member localities with respect to the Western Virginia Regional Industrial Facility Authority, substantially in the form as follows: AGREEMENT CREATING THE Western Virginia Regional Industrial Facility Authority Adopted: , 2013 WHEREAS, the purpose of the Regional Industrial Facility Authority Act is to enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its Member localities; and WHEREAS, the exercise of the power granted by Chapter 64 of Title 15.2 shall be in all aspects for the benefit of the inhabitants of the region for their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity; and WHEREAS, the named governing bodies have further determined that joint action through a regional industrial facility will facilitate the development of the needed industrial facilities. THEREFORE IT IS HEREBY RESOLVED THAT, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, Section 15.2- (00050605 000( 6400, -et seq., Code of Virginia, 1950, as amended, (the "Act"), the governing bodies of the County of Botetourt, the County of Franklin, the County of Roanoke, the City of Roanoke, the City of Salem and the Town of Vinton hereby agree to create, by concurrent adoption of ordinances, the Western Virginia Regional Industrial Facility Authority (the "Authority") for the purpose of enhancing the economic base for the Member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its member localities. ARTICLE I. NAME AND OFFICE The name of the authority shall be the Western Virginia Regional Industrial Facility Authority and the address of its office is C/O Roanoke Regional Partnership, 111 Franklin Road, S.E., Roanoke, VA 24011. ARTICLE II. PARTIES TO THE WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY AGREEMENT The initial members of the Authority are: Botetourt County, Virginia Franklin County, Virginia Roanoke County,Virginia Roanoke City, Virginia Salem City, Virginia Town of Vinton, Virginia and are authorized by the Act to participate in this Authority and shall each be called a "Member locality" and collectively, the "Member localities". The governing body of each of the Member localities shall appoint members to the Authority pursuant to Section 15.2-6403 (A) of the Act. Each of the Member localities shall appoint two (2) members to the Authority. The members of the Board shall be elected in accordance with Article IV hereof. Each Member locality may appoint two alternate board members, to be selected in the same manner as board members and shall perform all duties including voting in the member's absence. Each board member, and alternate, of the Authority before accepting their appointment and begin discharge of their office duties, shall take and subscribe to the oath prescribed in Section 49-1 of the Code of Virginia, 1950, as amended. At any time subsequent to the creation of this Authority, the membership of the Authority may, with the approval of the Authority Board, be expanded to include any locality within the region that would have been eligible to be an initial member. The governing body of a locality seeking to become a member shall evidence its intent to become a member by adopting an ordinance proposing to 00050605 DOCX join the Authority that conforms, to the requirements consistent with Section 15.2-6402, clauses i, ii, iii and iv of the Code of Virginia. ARTICLE III. FINDING; PURPOSE; AND GOVERNMENTAL FUNCTIONS OF THE AUTHORITY The Member localities agree that this Authority has been established for the following purpose and function. 1. The Member localities agree that the economy of the Western Virginia Regional Industrial Facility Authority area has not kept pace with those of the rest of the Commonwealth. The respective individual Member localities may lack the financial resources to assist in the development of economic development projects and the creation of the Authority provides a mechanism for the Partners to cooperate in the development of facilities which will assist the region in overcoming this barrier to economic growth. 2. The exercise of the powers granted by the Act shall be in all aspects for the benefit of the inhabitants of the region for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity. 3. The Act provides the six Member localities with many powers by which the Member localities may interact as one body or as individual participating groups consisting of one or more Member localities of the Authority which the members believe will give each local government an opportunity to establish successful partnerships for the development of economic projects which will serve the region. ARTICLE IV. BOARD OF THE AUTHORITY All powers, rights and duties conferred by the Act, or other provisions of law, upon the Authority shall be exercise by a Board of Directors (the "Board"). The Board shall consist of two board members from each Member locality. The governing body of each Member locality shall appoint two board members to the Board. Any person who is a resident of the appointing Member locality may be appointed to the Board. Except for the provision for staggered terms for the initial board members as provided hereinafter, each board member of the Board shall serve for a term of four years and may be reappointed for as many terms as the governing body desires. During the establishment of the Authority, the Member localities agree to stagger terms. Each governing body shall appoint their initial board members to serve and designate one of its board members to serve for two years and the other board member to serve for four year terms. After the initial appointment of these board members, each succeeding director shall serve four 10005O605.00a 1 year terms. If a vacancy occurs by reason of death, disqualification or resignation, the governing body of the Member locality that appointed the Authority board member shall appoint a successor to fill the unexpired term. The governing body may appoint up to two alternate board members. Alternates shall be selected in the same manner as board members, and may serve as an alternate for either board member from the Member locality that appoints the alternate. Alternates shall be appointed for terms that coincide with one or more of the board members from the member locality that appoints the alternate. If a board member is not present at a meeting of the Authority, the alternate shall have all the voting and other rights of the board member not present and shall be counted for purpose of determining a quorum. Each board member of the Authority before entering upon the discharge of the duties of his office shall take and subscribe to the oath prescribed in Section 49-1, Code of Virginia, 1950, as amended. A quorum shall exist when a majority of the Member localities are represented by at least one board member. The affirmative vote of a quorum of the Board shall be necessary for any action taken by the Board. No vacancy in the membership of the Board shall impair the right of a quorum to exercise all rights and perform all duties of the Board. The Board shall determine the times and places of its regular meetings, which may be adjourned or continued without further public notices, from day to day or from time to time or from place to place, but not beyond the time fixed for the next regular meeting, until the business before the Board is completed. Board special meetings shall be held when requested by board members of the Board representing two or more Member localities. A request for a special meeting shall be in writing, and the request shall specify the time and place of the meeting and the matters to be considered at the meeting. A reasonable effort shall be made to provide each board member with notice of any special meeting. No matter not specified in the notice shall be considered at such special meeting, unless all the board members are present. Special meetings may be adjourned or continued, without further public notice, from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business before the Board is completed. The Board shall elect from its membership a chair, vice chair, treasurer, and secretary for each calendar year. The Board may also appoint an executive director and staff who shall discharge such functions as may be directed by the Board. The executive director and staff may be paid from funds received by the Authority. No board member shall receive compensation. (00050605.DOCX) The Board promptly following the close of the fiscal year (July 1 thru June 30), shall submit an annual report of the Authority's activities of the preceding year to the Member localities governing body. The Annual Report shall set forth a complete operating and financial statement covering the operation of the Authority during such reporting year. The Board may establish dues or other annual financial fees as may be approved by a unanimous vote of Member localities. ARTICLE V. POWERS OF THE AUTHORITY The Authority is vested with the powers of a body corporate, including the powers to sue and be sued in its own name, plead and be impleaded, and adopt and use a common seal and alter the same as may be deemed expedient. The Authority shall be vested with all powers and duties enumerated in Section 15.2-6405, pursuant to the Act as it currently exists or may be amended; Powers of the Authority: 1. Adopt bylaws, rules and regulations to carry out the provisions of the act. 2. Employ, either as regular employees or as independent contractors, consultants, engineers, architects, accountants, attorneys, financial experts, construction experts and personnel, superintendents, managers and other professional personnel, personnel, and agents as may be necessary in the judgment of the Authority, and fix their compensation. 3. Determine the location of, develop, establish, construct, erect, repair, remodel, add to, extend, improve, equip, operate, regulate, and maintain facilities to the extent necessary or convenient to accomplish the purposes of the Authority. 4. Acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of, in its own name, any real or personal property or interest therein. 5. Invest and reinvest funds of the Authority. 6. Enter into contracts of any kind, and execute all instruments necessary or convenient with respect to its carrying out the powers of the Act to accomplish the purpose of the Authority. 7. Expend such funds as may be available to the Authority for the purpose of developing facilities, including but not limited to (i) purchasing real estate; (ii) grading sites; (iii) improving, replacing and extending water, sewer, natural gas, electrical and other utility lines; (iv) constructing, rehabilitating, and i00050605.DOC% expanding buildings; (v) constructing parking facilities; (vi) constructing access roads, streets, and rail lines; (vii) purchasing or leasing machinery and tools; and (viii) making any other improvements deemed necessary by the Authority to meet its objectives. 8. Fix and revise from time to time and charge and collect rates, rents, fees, or other charges for the use of the facilities or for services rendered on connection with the facilities. 9. Borrow money from any source for any valid purpose, including working capital for its operations, reserve funds, or interest, mortgage, pledge, or otherwise encumber the property or funds of the Authority, and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of letter of credit, or insurers. 10. Issue bonds under the Act. 11. Accept funds and property from the Commonwealth, person, counties, cities, and towns and use the same for any of the purposes for which the Authority is created. 12. Apply for and accept grants or loans of money or other property from any federal agency for any of the purposes authorized in this chapter and expend or use the same in accordance with the directions and requirements attached thereto or imposed thereon by any such federal agency. 13. Make loans or grants to, and enter into cooperative arrangements with, any person, partnership, association, corporation, business or governmental entity in furtherance of the purpose of the Act, for the purposes of promoting economic and workforce development, provided that such loans or grants shall be made only from revenues of the Authority that have not been pledged or assigned for the payment of any of the Authority's bonds, and to enter into such contracts, instruments and agreements as may be expedient to provide for such loans, and any security therefor. The word "revenues" as used includes grants, loans, funds and property, as enumerated herein. 14. Enter in agreements with any other political subdivision of the Commonwealth for joint or cooperative actions in accordance with Section 15.2- 1300, Code of Virginia, 1950, as amended. 15. Do all things necessary or convenient to carry out the purpose of the Act. ARTICLE VI. PARTICIPATION AGREEMENTS FOR INDUSTRIAL FACILITIES (00050605.DOC% The Act authorizes different mechanisms which the Authority may select to undertake in meeting the purposes listed above, but the primary purpose of this Authority is to establish Participation Agreements, by which industrial facilities may be constructed and developed in the Authority's membership area. The Authority may enter into Participation Agreements pursuant to Section 15.2-1300, et. seq., of the Code of Virginia. The Agreements shall be negotiated between all parties and be consistent with the powers granted by the Act. Such participation agreements may include participation by public and private entities not Member localities of the Authority. In no case, shall the full faith and credit of the Authority be pledged without the unanimous consent of the Member localities. Each Member locality may consider its terms in the participation in each proposed project. The cost for such Participation Agreements and any remuneration from the creation of a Participation Agreement shall only be shared by the Member localities that participate in the Participation Agreement in accordance with the participating agreements for that project. ARTICLE VII. DONATIONS TO AUTHORITY; REMITTANCE OF TAX REVENUE A. Member localities are hereby authorized to lend, or donate money or other property to the Authority for any of its purposes. The Member locality making the grant or loan may restrict the use of such grants or loans to a specific facility owned by the Authority, within or without that Member locality. B. The governing body of the Member locality in which a facility owned by the Authority is located may direct, by resolution or ordinance that all tax revenues collected with respect to the facility shall be remitted to the Authority. Such revenues may be used for the payment of debt service on bonds of the Authority and other obligations of the Authority incurred with respect to such facility. The action of such governing body shall not constitute a pledge of the credit or taxing power of such Member locality. ARTICLE VIII. REVENUE SHARING AGREEMENTS Notwithstanding the requirements of Chapter 34 (Section 15.2-3400 et seq.), the Member localities may agree to a revenue and economic growth sharing arrangement with respect to tax revenues and other income and revenues generated by any facility owned by the Authority. The obligations of the parties to any such agreement shall not be construed to be debt within the meaning of Articles VII, Section 10, of the Constitution of Virginia. Any such agreement shall be approved by a unanimous vote of the governing bodies of the Member localities reaching such an agreement, but shall not require any other approval. (00050605.DOCX) ARTICLE IX. BOND ISSUES The Authority may at any time and from time to time issue bonds for any valid purpose, including the establishment of reserves and the payment of interest. According to the Act, "bonds" includes notes of any kind, interim certificates, refunding bonds or any other evidence of obligation. Any such bonds issued pursuant to the Act shall comply with all terms and conditions identified in Sections 15.2-6409, 15.2-6410, 15.2-6411 and 15.2-6412 of the Code of Virginia. ARTICLE X. ACCOUNTS AND RECORDS The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes, provided that such accounts correspond as nearly as possible to the accounts and records for such matters maintained by corporate enterprises. The accounts and records of the Authority shall be subject to audit pursuant to Section 30-140, and the costs of such audit services shall be borne by the Authority. The Authority's fiscal year shall be the same as the Commonwealth's. ARTICLE XI. DISSOLUTION OF AUTHORITY Any Member locality of the Authority may withdraw from the Authority only (i) upon dissolution of the Authority as set forth herein, or (ii) with majority approval of all other Member localities of the Authority, upon a resolution adopted by the governing body of such Member locality and after satisfaction of such Member locality's legal obligation, including repayment of its portion of any debt increased with refund to the Authority, or after making contractual provisions for the repayment of its portion of any debt incurred with refund to the Authority, as well as pledging to pay any general dues for operation of the Authority for the current and preceding fiscal year following the effective date of withdrawal. No Member locality seeking withdrawal shall retain, without the consent of a majority of the remaining Member localities, any rights to contributions made by such Member locality, to any property held by the Authority or to any revenue sharing as allowed by the Act. Upon withdrawal, the withdrawing Member locality shall also return to the Authority any dues or other contributions refunded to such Member locality during its membership in the Authority. Whenever the Board determines that the purpose for which the Authority was created has been substantially fulfilled or is impractical or impossible to (00050605.00C() accomplish and that all obligations incurred by the Authority have been paid or that cash or sufficient amount of approved securities has been deposited for their repayment, or provisions satisfactory for the timely payment of all its outstanding obligations have been arranged, the Board may adopt resolutions declaring and finding that the Authority shall be dissolved. Appropriate attested copies of such resolutions shall be delivered to the Governor so that legislation dissolving the Authority may be introduced in the General Assembly. The dissolution of the Authority shall become effective according to the terms of such legislation. The title to all funds and other property owned by the Authority at the time of such dissolution shall vest in the Member localities which have contributed to the Authority in proportion to their respective contributions. ARTICLE XII. AUTHORITY OPERATIONS The Member localities shall establish and approve By-laws by which the Authority shall be operated for the benefit of all participating localities. The Authority may also establish Policies and Procedures and/or a User Agreement in order to manage its daily operations. IN WITNESS WHEREOF, the governing bodies identified, by authorized action, have caused this Agreement to be executed and their respective seals to be affixed hereto and attested by their respective clerks or secretaries commencing this day of , 2013. ATTEST: By: By: _. Date: Its: APPROVED TO FORM: Attorney 4. The City Manager is authorized to execute the Agreement, substantially in the form set forth in this Ordinance, and any and all requisite documents pertaining to the creation (00050605.DOCX 1 of the authority, establishing the respective rights and obligations of the member localities with respect to the authority consistent with the provisions of Section 15.2-6400 et seq. of the Code of Virginia. 5. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: itiorkexnaLt. br) 3/41001,...s City Clerk. {00050605.DOIX . CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21 , 2013 Subject: Ordinance Creating the Western Virginia Regional Industrial Facility Authority Background: At the regional economic summit conducted on February 28, 201 3 several area local governments committed to work together to enhance the regional economy. One of the issues discussed was the lack of available large development sites for potential economic development projects. Acquiring and preparing for development such large sites can require a significant investment that may be difficult for a single local government to finance. The Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia, as amended, (the "Act") provides a mechanism for local governments to share in the site development costs and jointly participate in the revenues generated when the site begins generating taxes or other income. Each of the participating localities must adopt an ordinance to create an authority. After each of the participating localities adopts an ordinance, the participating localities must seek a certificate from the Secretary of the Commonwealth to establish the authority. Staffs from Botetourt County, Franklin County, Roanoke County, City of Roanoke, City of Salem, and Town of Vinton have been working together since the summit to develop an agreement creating a regional industrial facility authority as authorized by the Act. The proposed authority would allow two or more of the participating local governments to undertake projects intended to improve the economy of the area. The agreement provides that each participating local government shall appoint two members to the authority board. The agreement also enumerates the powers of the authority, establishes financial procedures, authorizes the board to adopt by-laws, and provides a mechanism to dissolve the authority. Consideration: The agreement provides that member localities can, but are not required to, make donations or loans to the authority. Funding for any project undertaken by the authority would be identified in individual participation agreements. Recommended Action: Adopt the attached ordinance creating the Western Virginia Regional Industrial Facility Authority and authorize the City Manager to execute the agreement substantially in the form as set forth in the ordinance, and take such other actions necessary to create the Authority. Christop er P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development 2 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,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Susan M. Keith Employer Representative Program Manager Virginia Retirement System P. O. Box 2500 Richmond, Virginia 23218 Dear Ms. Keith: I am enclosing copy of Resolution No. 39782-102113 confirming the City of Roanoke's irrevocable election not to participate in the Commonwealth of Virginia's Virginia Local Disability Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October21, 2013. Sincerely, AtAlLjts..., be) . herb,...) Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Carolyn Glover, Director, Human Resources 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39782 - 102113. A RESOLUTION confirming the City of Roanoke's irrevocable election not to participate in the Commonwealth of Virginia's Virginia Local Disability Program. WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program ( "VLDP ") for the payment of short-term and long -term disability benefits for certain participants in the hybrid retirement program described in Virginia Code Section 51.1 -169; WHEREAS, for purpose of VLDP administration, an employer with VLDP eligible employees may make an irrevocable election on or before November 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish, and continue to maintain, comparable employer -paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long -term care coverage, by January 1, 2014; and WHEREAS, it is the intent of the City of Roanoke to make this irrevocable election to request that its eligible employees not participate in VLDP. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby elects not to participate in VLDP because the City has or will establish, and continue to maintain, comparable employer -paid disability coverage for such employees. &: \MEASURES \OPT OM VLDP DISABILITY BENEFITS 10 2013.DOC 2. The City Clerk is directed to send attested copies of this Resolution to Susan M. Keith, Employer Representative Program Manager, Virginia Retirement System, P. O. Box 2500, Richmond, Virginia 23218, with copies to the City Manager and Director of Human Resources prior to November 1, 2013. ATTEST: #fA"--, �-O' lyra" City Clerk. K: \MEIS5 S \OPT O= VLDP OISA ILIT ..TITS 10 2013.00C 'G CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21, 2013 Subject: Virginia Local Disability Program (VLDP) Background: The 2012 General Assembly created the Virginia Local Disability Program (VLDP) for political subdivision and school division employees who will be covered under the VRS Hybrid Retirement Plan effective January 1 , 2014. The Hybrid Retirement Plan will apply to most new employees hired on or afterJanuary 1 , 2014 and current employees who opt to switch to the plan. VLDP provides income protection if an employee cannot work because of a non-work related or work-related illness, injury or other condition, such as surgery, pregnancy, complications from pregnancy or a catastrophic or major chronic condition. It includes both short-term and long-term disability coverage. The program focuses on assisting employees with their recovery and helping them make a safe return to their full work duties, if possible. Participation in VLDP by political subdivisions and school divisions is automatic unless the governing body elects to opt out and provide a comparable employer-paid disability program effective January 1 , 2014. The comparable coverage must include short-term and long- term disability, but does not have to include the long-term care component provided in VLDP. The decision to participate or opt out is irrevocable. Political subdivisions and schools in the same locality may choose to participate or opt out separately. Considerations: The VLDP impacts only eight employees in the Sheriff's office that are considered non- hazardous duty employees. Our analysis indicates it will be more cost effective for the City to establish and maintain comparable employer paid disability coverage for current and future employees. Recommended Action: Adopt the accompanying resolution making the irrevocable election to be deemed a non-participating employer of the Virginia Local Disability Program, because t h e City has or will establish, and continue to maintain, comparable employer paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11 .1 of Title 51 .1 of the Code of Virginia, with the exception of long te-• ar• coverage, by January 1 , 2014. Christopher P. Morrill City Manager Distribution: Octavia L.Johnson, Sheriff of Roanoke Council Appointed Officers Amelia C. Merchant, Director of Management and Budget Carolyn H. Glover, Director of Human Resources Susan K. Keith, Virginia Retirement System 2 ° CITY OF ROANOKE f 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,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Michael McEvoy, Executive Director Western Virginia Water Authority 601 South Jefferson Street, Suite 200 Roanoke, Virginia 24011 Dear Mr. McEvoy: I am enclosing copy of Ordinance No. 39783-102113 authorizing the conveyance of a permanent sanitary sewer easement over City-owned property located at 3303 Garst Mill Road, S. W., designated as Roanoke Tax Map No. 5030214, to the Western Virginia Water Authority, and the conveyance of permanent waterline easements across City-owned properties located on the east side of Garden City Boulevard, designated as Roanoke Tax Map Nos. 4360403, 4360404, 4360502, 4360504, 4360516 and 4360517, to the Western Virginia Water Authority, all such easements subject to the prior approval of the Federal Emergency Management Agency (FEMA) and the Virginia Department of Emergency Management (VDEM), upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 21, 2013, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Philip Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39783-102113. AN ORDINANCE authorizing the conveyance of a permanent sanitary sewer easement over City-owned property located at 3303 Garst Mill Road, S.W., designated as Roanoke Tax Map No. 5030214, to the Western Virginia Water Authority, and the conveyance of permanent waterline easements across City-owned properties located on the east side of Garden City Boulevard, designated as Roanoke Tax Map Nos. 4360403, 4360404, 4360502, 4360504, 4360516 and 4360517, to the Western Virginia Water Authority, all such easements subject to the prior approval of the Federal Emergency Management Agency (FEMA) and the Virginia Department of Emergency Management (VDEM), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a permanent sanitary sewer easement over City-owned property located at 3303 Garst Mill Road, S.W., designated as Roanoke Tax Map No. 5030214, to the Western Virginia Water Authority, subject to the prior approval of FEMA and VDEM, and upon certain terms and conditions, in order to relocate a flood damaged sanitary sewer main, as more particularly set forth in the City Council Agenda Report dated October 21, 2013. 2. The City Manager is further authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of permanent waterline easements across City-owned properties located on the east side of Garden City Boulevard, designated as Roanoke Tax Map Nos. 4360403, 4360404, 4360502, 4360504, 4360516 and 4360517, to the Western Virginia Water Authority, subject to the prior approval of FEMA and VDEM, in order to support the relocation of a water treatment facility located on Tax Map No. 4360503, as more particularly set forth in the above referenced City Council Agenda Report. 3. All documents necessary for these conveyances shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ity Clerk "7 rn u U1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21 , 2013 Subject: Request of Western Virginia Water Authority for Permanent Easements on Parcels 5030214, 4360403, 4360404, 4360502, 4360504, 4360516, 4360517 Background: The Western Virginia Water Authority (WVWA) is requesting the conveyance of a permanent sanitary sewer easement over Tax Parcel 5030214, 3303 Garst Mill Road SW, in order to resolve a flood damaged sanitary sewer main. Additionally, WVWA is also requesting permanent waterline easements on Tax Map Parcels 4360403, 4360404, 4360502, 4360504, 4360516 and 4360517. These properties are located along the east side of Garden City Boulevard and are necessary to support the relocation of a water treatment facility located on parcel 4360503. Considerations: City Council action is necessary to authorize the conveyance of real property rights needed for the proposed WVWA improvement projects. All of the subject parcels were acquired by the City of Roanoke with grant funds provided to the City under the Hazard Mitigation Grant Program (HMGP). As such, the subject properties are subject to restrictive land use deed conditions and require the joint approval of the Virginia Department of Emergency Management (VDEM) and the Federal Emergency Management Agency (FEMA) prior to conveyance of any land rights. WVWA and the City have requested these required approvals. Recommended Action: Authorize the conveyance of the requested easements needed to construct the proposed WVWA improvements subject to the prior approval of VDEM and FEMA. Further authorize the City Manager to execute appropriate conveyance documents subj• t o terms and conditions he may deem appropriate, such documents to be ap.ro • 6 as to form by the City Attorney. istopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39784-102113. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Virginia Museum of Transportation, Inc., for distribution of funds for capital improvements at the Transportation Museum; and dispensing with the second reading by title of this ordinance. WHEREAS, by Resolution No. 39569-051313, adopted May 13, 2013, City Council approved the appropriation of $500,000 over five years ($100,000 each fiscal year) to support the capital requests of the Virginia Museum of Transportation, Inc. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with Virginia Museum of Transportation, Inc., for distribution of funds for capital improvements at the Transportation Museum, all as more particularly set forth in the City Manager's Agenda Report to Council dated October 21, 2013. 2. The City Manager is authorized to execute such other documents and to take such further action as may be necessary to implement, support, and enforce the Agreement. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: l City Clerk. K:\Measures\Agreement with VA Museum of Transportation for capital improvements 10 21 13.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39785-102113. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Jefferson Center Foundation, LTD., for distribution of funds for capital improvements at the Jefferson Center; and dispensing with the second reading by title of this ordinance. WHEREAS, by Resolution No. 39569-051313, adopted May 13, 2013, City Council approved the appropriation of $500,000 over five years ($100,000 each fiscal year) to support the capital requests of the Jefferson Center Foundation, LTD. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with Jefferson Center Foundation, LTD., for distribution of funds for capital improvements at the Jefferson Center, all as more particularly set forth in the City Manager's Agenda Report to Council dated October 21, 2013. 2. The City Manager is authorized to execute such other documents and to take such further action as may be necessary to implement, support, and enforce the Agreement. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: Mna-t..)Th r ry City Clerk. K:Udeasures\Agreement with Jefferson Center Foundation LTD for capital improvements 10 21 13.doc :i _ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21 , 2013 Subject: Capital Contribution Agreements between the City of Roanoke, and (i) Virginia Museum of Transportation and (ii) Jefferson Center Foundation Background: On May 13, 2013, City Council approved the appropriation of $500,000 over five years ($100,000 each fiscal year) to support the capital requests of the Jefferson Center Foundation (JCF) and the Virginia Museum of Transportation. The Jefferson Center Foundation will utilize the funding with other capital funds to address acute capital issues, deferred maintenance of the building facility and increasing the endowment fund that will provide perpetual capital financial funding for longer term capital needs. Capital improvements and maintenance items include various area renovations (Fitzpatrick Hall, Fralin Atrium, Shaftman Performance Hall, a rehearsal hall, the JCF Office, tenant space), energy efficiency improvements (HVAC and lighting), a security system replacement, and technology upgrades. The Virginia Museum of Transportation will utilize the funding with other capital funds to meet a Norfolk Southern Challenge Grant of $1 million. Projects to be undertaken include extending platforms between existing tracks to enhance visitor access to equipment, existing roof extension to provide cover for collection, adding to equipment visitors can access, further renovations to the facility and the 1918 Norfolk & Western Freight Station. Considerations: The first allocation of $100,000 each for the Jefferson Center Foundation and the Virginia Museum of Transportation has been appropriated to separate capital project accounts. The attached drafts detail the provisions of the agreements and the requirements which must be met in advance of the disbursement of funds. Recommended Action: Approve agreements with the Jefferson Center Foundation, Ltd., and the Virginia Museum of Transportation, Inc., substantially in form to the attached draft agreements, such agreements to be approved as to form by the City Attorney's Office an. t •riz- the City Manager to execute such agreements. ist. a er P. Morrill City Manager Distribution: Council Appointed Officers Beverly T. Fitzpatrick, Executive Director, Virginia Museum of Transportation Cyrus L. Pace, Executive Director,Jefferson Center Foundation Draft 09.09.2013 AGREEMENT THIS AGREEMENT (Agreement) is dated this day of , 2013, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation ("City"), and JEFFERSON CENTER FOUNDATION, LTD. ("the Foundation"), a Virginia nonprofit corporation located in the City of Roanoke . WITNESSETH: WHEREAS, the Foundation has advised the City that, if it is feasible, the Foundation intends to undertake a major fund-raising effort in order to fund needed improvements to the capital assets leased by the Foundation, these improvements are more particularly described in Exhibit 1 attached hereto and made a part hereof (the "Project"); and WHEREAS, the Foundation operates the Jefferson Center as a facility for use by charitable and non-profit organizations that provide services to citizens of Roanoke and the Roanoke Valley; and WHEREAS, these capital improvements for the Project will cost approximately $4.0 million Dollars, and no cents ($4,000,000.00), and WHEREAS, the Foundation has requested that the City provide appropriations of a total of Five Hundred Thousand Dollars and no cents ($500,000.00) for the Project pursuant to the terms and conditions of this Agreement; WHEREAS, the City is willing to consider making the appropriation requested by the Foundation, subject to funding and subject to compliance of certain terms and conditions by the Foundation; and WHEREAS, the parties wish to reduce to writing the understandings of the parties concerning this matter. NOW, THEREFORE, the parties mutually agree as follows: SECTION 1. REPRESENTATIONS AND AGREEMENTS BY THE FOUNDATION. The Foundation hereby represents and agrees as follows: A. The Foundation is a nonprofit, charitable Virginia corporation with 501(c)(3) tax exempt status from the United States Department of the Treasury, Internal Revenue Service. A copy of its charitable mission is attached hereto and made a part hereof as Exhibit 2. B. The representations set forth above concerning the Project and its estimated costs are true and accurate. 1 C. The funds that the Foundation is requesting from the City will be used solely for the Project, and will not be expended in the general operations of the Foundation. This agreement by the Foundation shall not preclude independent organizations with offices at The Jefferson Center to request funding for their independent operations. D. The Foundation will pay the City real estate taxes on the Center, as assessed by the City, as well as all other appropriate local taxes that are properly assessed by the City to the Foundation. SECTION 2. REQUEST FOR FUNDS BY THE FOUNDATION. The Foundation hereby requests that the City provide appropriations of funds to The Foundation as follows: A. One Hundred Thousand Dollars and no cents ($100,000.00) to be paid to the Foundation in fiscal year 2013-2014 within ten (10) days from the date that the Foundation gives the City notice in writing that such funds are needed for the Project, such funds to be used solely for the capital improvements to the Jefferson Center. Each payment will not be made unless and until the Foundation demonstrates that it has raised an additional $100,000, exclusive of all donations made by the City. All matches in funds shall come from cash received by the Foundation and not from in-kind donations. B. Four Hundred Thousand Dollars and no cents ($400,000.00) to be paid to the Foundation at the rate of One Hundred Thousand Dollars and no cents ($100,000.00) each fiscal year for four fiscal (4) years beginning July 1, 2014, after the Foundation certifies in writing to the City Manager that it has obtained and has in hand sufficient funds or donations to match such payments. Provided, however, and subject to the terms and conditions of this Agreement, such payment from the City will not be made to the Foundation until thirty (30) days after the City, through the City Manager, receives sufficient written documentation to establish the Foundation's compliance with the conditions precedent set forth above, and provided that the initial payment shall not be made until the Foundation has established that it has raised a minimum of $100,000, exclusive of the City's initial donation for fiscal year 2013-2014. In the event that the Foundation has not requested all funding by the completion of fiscal year 2017- 2018, the Foundation may request the balance, if any during fiscal years 2018-2019 and 2019-2020. Under no circumstances shall the Foundation make any request for any subsequent fiscal year. C. The Foundation shall maintain its status as a charitable organization, in compliance with all federal and state laws, rules and regulations. Under no circumstance shall the City make, or be obligated to make, a donation to the Foundation in the event that its status as a charitable organization is suspended, terminated, or extinguished. 2 SECTION 3. CITY APPROPRIATION OF FUNDS. The City, pursuant to Virginia Code §15.2-953, will provide for the appropriation of the Five Hundred Thousand Dollars and no cents ($500,000.00) requested by the Foundation, subject to the terms and conditions of this Agreement, as requested in Section 2. Appropriation of funds beyond the City's current fiscal year will be subject to the future appropriation of such funds by City Council. In the event that funding is not provided, withdrawn, or otherwise not made available, the City shall provide the Foundation of such unavailability of funds and the City shall have no further obligations to provide funding. SECTION 4. SALE OR ASSIGNMENT. The Foundation shall not assign or transfer any part of this Agreement. In the event of any attempted assignment of this Agreement by the Foundation, the City's obligations hereunder shall automatically be suspended and the Foundation shall repay to the City all funds provided to the Foundation by the City. Any repayment to the City must come from the Foundation's then current accounts and proceeds from the sale of its assets. Contributions made to the Foundation from the public may not be used to repay the City. SECTION 5. REPORTS TO THE CITY AND BOOKS AND RECORDS. The Foundation will keep the City, through the City's Director of the Department of Management and Budget, advised of the progress of the Project and related matters. The Foundation further agrees to allow the City or its representatives to inspect, audit, copy or examine any books, documents, or other relevant material therewith upon written request by the City in connection with the Project and the use of funds appropriated by the City for the Project. SECTION 6. COMPLIANCE WITH LAWS. The Foundation agrees to comply with all applicable federal, state, and local laws and regulations. SECTION 7. CONTERPART 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. SECTION 8. SUCCESSORS. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 9. NON-DISCRIMINATION. During the performance of this Agreement, the Foundation agrees as follows: 3 A. The Foundation will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of The Foundation. The Foundation agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The Foundation, in all solicitations or advertisements for employees placed by or on behalf of The Foundation, will state that the Foundation is an equal opportunity employer. C. The Foundation will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. SECTION 10. FAITH-BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith-based organizations. SECTION 11. DRUG FREE WORKPLACE. A. During the performance of this Agreement, the Foundation agrees to (i) provide a drug- free workplace for the Foundation's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Foundation's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Foundation that the Foundation maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. SECTION 12. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or 4 any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth below: If to City, to: City Manager Noel C. Taylor Municipal Building 215 Church Avenue SW Suite 364 Roanoke, Virginia 24011 With a copy to: Director of the Department of Management and Budget Noel C. Taylor Municipal Building 215 Church Avenue SW Suite 357 Roanoke, Virginia 24011 If to the Foundation, to: Mr. Cyrus Pace, Executive Director Jefferson Center Foundation, Ltd. 541 Luck Avenue Suite 221 Roanoke, VA 24016 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, the day after delivery to a nationally recognized overnight courier, or upon the date of confirmation of a facsimile transmission. SECTION 13. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Agreement, the Foundation agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. SECTION 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements.between the parties. No amendment to the Agreement will be valid unless made in writing and signed by the appropriate parties. 5 IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE By: Printed Name and Title Printed Name and Title WITNESS: JEFFERSON CENTER FOUNDATION, LTD. By: Printed Name and Title Printed Name and Title Approved as to Form: Approve as to Execution: City Attorney City Attorney Appropriation and funds required for this year for this Agreement Certified and the remaining funds are subject to appropriation by City Council: Director of Finance Date Acct. No. 6 Draft 09.09.2013 AGREEMENT THIS AGREEMENT (Agreement) is dated this day of , 2013, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation ("City"), and VIRGINIA MUSEUM OF TRANSPORTATION, INC. ("VMOT"), a Virginia nonprofit corporation located in the City of Roanoke . WITNESSETH: WHEREAS, the VMOT has advised the City that, if it is feasible, the VMOT intends to undertake a major fund-raising effort as more particularly described in Exhibit 1 attached hereto and made a part hereof (the "Project"); and WHEREAS, the VMOT operates the official Transportation Museum of the Commonwealth of Virginia and exists to preserve Virginia's transportation history, and WHEREAS, these capital improvements for the Project will cost approximately $ million Dollars, and no cents ($ ,000,000.00), and WHEREAS, the VMOT has requested that the City provide appropriations of a total of Five Hundred Thousand Dollars and no cents ($500,000.00) for the Project pursuant to the terms and conditions of this Agreement; WHEREAS, the City is willing to consider making the appropriation requested by the VMOT, subject to funding and subject to compliance of certain terms and conditions by the VMOT; and WHEREAS, the parties wish to reduce to writing the understandings of the parties concerning this matter. NOW, THEREFORE, the parties mutually agree as follows: SECTION 1. REPRESENTATIONS AND AGREEMENTS BY THE VMOT. The VMOT hereby represents and agrees as follows: A. The VMOT is a nonprofit, charitable Virginia corporation with 501(c)(3) tax exempt status from the United States Department of the Treasury, Internal Revenue Service. A copy of its charitable mission is attached hereto and made a part hereof as Exhibit 2. B. The representations set forth above concerning the Project and its estimated costs are true and accurate. C. The funds that the VMOT is requesting from the City will be used solely for the Project, and will not be expended in the general operations of the VMOT. 1 D. The VMOT will pay the City real estate taxes on the Center, as assessed by the City, as well as all other appropriate local taxes that are properly assessed by the City to the VMOT. SECTION 2. REQUEST FOR FUNDS BY THE VMOT. The VMOT hereby requests that the City provide appropriations of funds to The VMOT as follows: A. One Hundred Thousand Dollars and no cents ($100,000.00) to be paid to the VMOT in fiscal year 2013-2014 within ten (10) days from the date that the VMOT gives the City notice in writing that such funds are needed for the Project, such funds to be used solely for the capital improvements to the Virginia Museum of Transportation. Each payment will not be made unless and until VMOT demonstrates that it has raised an additional $100,000, exclusive of all donations made by the City. All matches in funds shall come from cash received by VMOT and not from in-kind donations. B. Four Hundred Thousand Dollars and no cents ($400,000.00) to be paid to the VMOT at the rate of One Hundred Thousand Dollars and no cents ($100,000.00) each fiscal year for four fiscal (4) years beginning July 1, 2014, after the VMOT certifies in writing to the City Manager that it has obtained and has in hand sufficient funds or donations to match such payments. Provided, however, and subject to the terms and conditions of this Agreement, such payment from the City will not be made to the VMOT until thirty (30) days after the City, through the City Manager, receives sufficient written documentation to establish the VMOT's compliance with the conditions precedent set forth above, and provided that the initial payment shall not be made until the VMOT has established that it has raised a minimum of$100,000, exclusive of the City's initial donation for fiscal year 2013-2014. In the event that the VMOT has not requested all funding by the completion of fiscal year 2017-2018, the VMOT may request the balance, if any, during fiscal years 2018-2019 and 2019-2020. Under no circumstances shall the VMOT make any request for any subsequent fiscal year. C. The VMOT shall maintain its status as a charitable organization, in compliance with all federal and state laws, rules and regulations. Under no circumstance shall the City make, or be obligated to make, a donation to the VMOT in the event that its status as a charitable organization is suspended, terminated, or extinguished. SECTION 3. CITY APPROPRIATION OF FUNDS. The City, pursuant to Virginia Code §15.2-953, will provide for the appropriation of the Five Hundred Thousand Dollars and no cents ($500,000.00) requested by the VMOT, subject to the terms and conditions of this Agreement, as requested in Section 2. Appropriation of funds beyond the City's current fiscal year will be subject to the future appropriation of such funds by City Council. In the event 2 that funding is not provided, withdrawn, or otherwise not made available, the City shall provide the VMOT of such unavailability of funds and the City shall have no further obligations to provide funding. SECTION 4. SALE OR ASSIGNMENT. The VMOT shall not assign or transfer any part of this Agreement. In the event of any attempted assignment of this Agreement by the VMOT, the City's obligations hereunder shall automatically be suspended and the VMOT shall repay to the City all funds provided to the VMOT by the City. Any repayment to the City must come from the VMOT's then current accounts and proceeds from the sale of its assets. Contributions made to the VMOT from the public may not be used to repay the City. SECTION 5. REPORTS TO THE CITY AND BOOKS AND RECORDS. The VMOT will keep the City, through the City's Director of the Department of Management and Budget, advised of the progress of the Project and related matters. The VMOT further agrees to allow the City or its representatives to inspect, audit, copy or examine any books, documents, or other relevant material therewith upon written request by the City in connection with the Project and the use of funds appropriated by the City for the Project. SECTION 6. COMPLIANCE WITH LAWS. The VMOT agrees to comply with all applicable federal, state, and local laws and regulations. SECTION 7. CONTERPART 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. SECTION 8. SUCCESSORS. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 9. NON-DISCRIMINATION. During the performance of this Agreement, the VMOT agrees as follows: A. The VMOT will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of The VMOT. The VMOT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 3 B. The VMOT, in all solicitations or advertisements for employees placed by or on behalf of The VMOT, will state that the VMOT is an equal opportunity employer. C. The VMOT will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. SECTION 10. FAITH-BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith-based organizations. SECTION 11. DRUG FREE WORKPLACE. A. During the performance of this Agreement, the VMOT agrees to (i) provide a drug-free workplace for the VMOT's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the VMOT's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the VMOT that the VMOT maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. SECTION 12. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth below: If to City, to: City Manager Noel C. Taylor Municipal Building 215 Church Avenue SW Suite 364 Roanoke, Virginia 24011 With a copy to: Director of the Department of Management and Budget Noel C. Taylor Municipal Building 215 Church Avenue SW Suite 357 4 Roanoke, Virginia 24011 If to the VMOT, to: Mr. Beverly T. Fitzpatrick, Jr., Executive Director Virginia Museum of Transportation 303 Norfolk Avenue SW Roanoke, VA 24016 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, the day after delivery to a nationally recognized overnight courier, or upon the date of confirmation of a facsimile transmission. SECTION 13. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Agreement, the VMOT agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. SECTION 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to the Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE By: Printed Name and Title Printed Name and Title WITNESS: VIRGINIA MUSEUM OF TRANSPORTATION, INC. By: Printed Name and Title Printed Name and Title 5 Approved as to Form: Approve as to Execution: City Attorney City Attorney Appropriation and funds required for this year for this Agreement Certified and the remaining funds are subject to appropriation by City Council: Director of Finance Date Acct. No. 6 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,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39786-102113 to appropriate funding from the Federal and Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2013 - 2014 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 21, 2013, and is in full force and effect upon its passage. Sincerely, nr70/AV 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 21st day of October, 2013. No. 39786-102113. AN ORDINANCE to appropriate funding from the Federal and Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2013- 2014 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 2013-2014 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers 302-120-0000-0000-111G-61100-41121-9-02 $ 24,071 Retiree Health Credit 302-120-0000-0000-111G-61100-42200-9-02 313 Social Security 302-120-0000-0000-111G-61100-42201-9-02 1,841 Virginia Retirement System 302-120-0000-0000-111G-61100-42202-9-02 4,851 Health Insurance 302-120-0000-0000-111G-61100-42204-9-02 5,475 Group Life Insurance 302-120-0000-0000-111G-61100-42205-9-02 482 Travel/Mileage 302-120-0000-0000-111G-61100-45551-9-02 4,500 Contracted Services 302-180-0000-1170-373H-61310-43313-3-04 4,227 Planning Coordinator 302-110-0000-1000-372H-62150-41114-9-00 8,432 Social Security 302-110-0000-1000-372H-62150-42201-9-00 1,586 Professional Printing 302-110-0000-1000-372H-62150-43351-9-00 611 Travel/Mileage 302-110-0000-1000-372H-62150-45551-9-00 6,130 Postage 302-110-0000-1000-372H-62150-45521-9-00 3,781 Telecommunication 302-110-0000-1000-372H-62150-45523-9-00 16 Professional Development Supplies 302-110-0000-1000-372H-62150-46617-9-00 2,256 Office Supplies 302-110-0000-1000-372H-62150-46601-9-00 800 Visitor Management Software 302-110-0000-1070-316H-61110-45554-9-09 46,000 Computer Terminal& Peripherals 302-110-0000-1070-316H-61110-45551-9-09 64,000 Installation&Training 302-110-0000-1070-316H-61110-62000-9-09 15,000 Revenues Federal Grant Receipts 302-000-0000-0000-111G-00000-38027-0-00 41,533 State Grant Receipts 302-000-0000-1170-373H-00000-32602-0-00 4,227 State Grant Receipts 302-000-0000-0000-372H-00000-32422-0-00 23,612 State Grant Receipts 302-000-0000-0000-375H-00000-32400-0-00 100,000 Local Match 302-000-0000-0000-375H-00000-72000-0-00 25,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:: •/ -4kri-n-AA-) ' innOW City Clerk. ► i ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. October 21, 2013 School Board Todd A. Putney The Honorable David Bowers, Mayor Chairman and Members of Roanoke City Council Suzanne P. Moore Roanoke, VA 24011 Vice Chairman Dear Members of Council: William B. Hopkins, Jr. Mae G. Huff As a result of official School Board action on Tuesday, October 8, Annette Lewis 2013, the Board respectfully requests that City Council approve the Lori E. Vaught Richard Willis appropriation requests below: Dr. Rita D. Bishop New Appropriations Award Superintendent Governor's School Evaluation Grant 2013-14 $ 4,227 Cindy H. Poulton Year-Round School Planning Grant 2013-14 $23,612 Clerk of the Board School Security Equipment Grant 2013-14 $125,000 Revised Appropriation Additional Award IDEA Part B, Section 611 Flow Through 2012-13 $41,533 On behalf of the School Board, thank you for your consideration. Sincerely, C14.%4• Pirtaft Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Curt Baker Ann Shawver Margaret Lindsey Todd A. Putney Acquenatta Harris (w/details) p: 540-853-2381 f:540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info y CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21, 2013 Subject: School Board Appropriation Request Background: As the result of official School Board action at its October 8th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The IDEA Part B Section 611 Flow Through Program 2012-13 grant of $41 ,533 provides aid for the education and guidance of students with disabilities. This is an increase to the original award allocation. This program will be fully reimbursed by federal funds and will end September 30, 2014. This is a continuing program. The Governor's School Evaluation 2013-14 grant of $4,227 provides funding for payments of the evaluation coordinator, team leader, and team member evaluators who will conduct independent evaluation of the Roanoke Valley Governor's School during 2013-14.The Virginia Board of Education requires Academic-Year Governor's Schools to be evaluated every six years. These expenses will be fully reimbursed out of state funds. This is a new program that will end May 30, 2014. The Year-Round School Planning 2013-14 grant of $23,612 is provided to enable Roanoke City Public Schools to plan a year-round initiative at three elementary schools in an effort to offer both remediation and enrichment opportunities for academically at-risk students. The Extended Academic School Experience (EASE) Project aims to establish an innovative that extends learning opportunities before the standard academic year begins, increasing instruction from approximately nine and one half months to eleven months. This is a new program that will be fully reimbursed by state funds and will end June 30, 2014. The School Security Equipment 2013-14 grant of $125,000 supports the purchase of security equipment to improve and help ensure the safety of students attending public schools in Virginia. Roanoke City Public Schools has received funding to assist with the implementation of a new visitor management system in all school buildings. This grant will be reimbursed by state funds and through the 25% required local match. This is a new program that will end March 3, 2014. 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. ANN . AWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Vickie H. Bibee 3465 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Ms. Bibee: I am enclosing copy of Resolution No. 39787-102113 reappointing you as a Director of the Economic Development Authority of the City of Roanoke for a term commencing October 21, 2013, and ending October 20, 2017. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 21, 2013. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Vickie H. Bibee October 22, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a Director of the Economic Development Authority. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosures pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, Darby & Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-first day of October 2013, VICKIE H. BIBEE was reappointed as a Director of the Economic Development Authority, for a term commencing October 21, 2013, and ending October 20, 2017. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October 2013. L—clateiLL try.) ll City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39787-102113. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four (4) year term on the Board of Directors. WHEREAS,the Council is advised that the term of office of Vickie H.Bibee,a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2013; and WHEREAS,§15.2-4904, Code of Virginia(1950),as amended,provides that appointments made by the governing body of such Directors shall,after initial appointment,be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Vickie H. Bibee is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing October 21, 2013, and expiring October 20, 2017. ATTEST: ° Ci t C y lerrk. K:\Measures\eda reappoint Vickie H.Bibee 20I3.doc T CITY OF ROANOKE ase OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Brian K. Redd 2628 Sweetbrier Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Redd: I am enclosing copy of Resolution No. 39788-102113 reappointing you as a Director of the Economic Development Authority of the City of Roanoke for a term commencing October 21, 2013, and ending October 20, 2017. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 21, 2013. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Brian K. Redd October 22, 2013 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a Director of the Economic Development Authority. Sincerely, Stephanie M. Moon, MMC bthrj City Clerk Enclosures pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, Darby & Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-first day of October 2013, BRIAN K, REDD was reappointed as a Director of the Economic Development Authority, for a term commencing October 21, 2013, and ending October 20, 2017. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October 2013. A4-L.:_e_Art) . rnoaru City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39788-102113. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke. WHEREAS, the Council is advised that the term of office of Brian K. Redd, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2013; and WHEREAS,§15.2-4904, Code of Virginia(1950),as amended,provides that appointments made by the governing body of such Directors shall, be made for terms of four (4)years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Brian K. Redd is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term commencing October 21,2013,and expiring October 20, 2017. ATTEST: City Clerk. K:\Measures\eda appointment Brian Redd 2013.doc jo ,„'r CITY OF ROANOKE itai�► 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,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Mae Davis, Member Relations Representative National League of Cities 1301 Pennsylvania Avenue, N. W. Washington, D.C. 20004-1763 Dear Ms. Davis: I am enclosing a copy of Resolution No. 39789-102113 designating the Honorable Anita J. Price, as Voting Delegate for the Annual Business Meeting of the National Leagues of Cities to be held on November 13 - 16, 2013, in Seattle, Washington. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 21, 2013. Sincerely, g4444-n--taL hi • hrIA\.) Stephanie M. Moon, MMC L City Clerk Enclosure pc: The Honorable Anita J. Price, Council Member Christopher P. Morrill, City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39789-102113. A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on November 13-16,2013 in Seattle, Washington, and any Business Meetings in connection with such Conference, The Honorable Anita Price,Council Member,is hereby designated Voting Delegate on behalf ofthe City of Roanoke, Virginia. 2. Stephanie Moon, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate. ATTEST: Wpf--Ptattig..:(Y) YrourJ City Clerk. Li K:\Measures\National League of Cities Voting Rep 2013.doc NATIONAL LEAGUE of CITIES CREDENTIALS FORM NATIONAL LEAGUE OF CITIES • 2013 CONGRESS OF CITIES AND EXPOSITION• SEATTLE, WASHINGTON At the Annual Business Meeting on Saturday, November 16, 2013, from 2:30 p.m. to 4:30 p.m., each direct member city of the National League of Cities (NLC) is entitled to cast from one to 20 votes based upon the city's population per the 2010 census, through its designated voting delegate. Please indicate below your city and state, your voting delegate and alternate(s), and sign and date the form. The form should be faxed to NLC at 202-626-3109, or mailed to National League of Cities, Attn: Mae Davis, 1301 Pennsylvania Ave., NW,Washington, DC 20004, by the October 31, 2013, deadline. The official voting delegate and alternate(s)for the: FOR OFFICE USE ONLY (DO NOT WRITE IN THIS SPACE) City of Roanoke, VA Voting card issued to: VOTING DELEGATE: (signature) 1. NAME: The Honorable Anita J. Price Votes: (2) TITLE: Council Member ALTERNATE VOTING DELEGATE(S): 2. NAME: TITLE: 3. NAME: TITLE: PLEASE SIGN AND FAX THIS FORM TO NLC BY OCTOBER 31, 2013 ATTENTION: MAE DAVIS, MEMBER RELATIONS REPRESENTATIVE FAX:: 202-626-3109 20 Signature (city representative): O 2 /. &NJ Title: Roanoke City Clerk Date: 10-22-13 i CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Nathan Tuning, Chairman Trustees of Pilgrim Baptist Church 1415 8th Street, N. W. Roanoke, Virginia 24016 Dear Mr. Tuning: I am enclosing copy of Ordinance No. 39790-102113 amending and reordaining Ordinance No. 38708-011910, permanently vacating, discontinuing and closing, an alley off of 8th Street, N. W., under certain conditions, to extend the time period to November 20, 2013, in which to satisfy certain conditions of Ordinance No. 38708- 011910. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 21, 2013. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director, Real Estate Valuation Phil Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October, 2013. No. 39790-102113. AN ORDINANCE amending and reordaining Ordinance No. 38708-011910, permanently vacating, discontinuing and closing, an alley off of 8th Street, N.W., adjacent to parcels bearing Official Tax Map Nos.2032001,2030801 and 2030803,under certain conditions,to extend the time period to November 20, 2013, in which to satisfy certain conditions of Ordinance No. 38708- 011910; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 38708-011910 on January 19, 2010, City Council intended to allow the permanent vacation,discontinuance and closure of a certain portion of public right-of way situated in the City of Roanoke,under certain conditions, such portion of right-of-way being more particularly described as follows: An alley off of 8th Street, N.W., adjacent to parcels bearing Tax Nos. 2032001,2030801 and 2030803; WHEREAS, Ordinance No. 38708-011910 provided that the ordinance would be null and void, with no further action by City Council being necessary, if a certified copy of Ordinance 38708- 011910 was not recorded,and if the Clerk's receipt,demonstrating recordation had occurred,was not filed with the City Engineer for the City of Roanoke, all within twelve (12) months from the effective date of that ordinance; WHEREAS, the effective date of Ordinance No. 38708-011910 was January 19, 2011, and no such recordation or filing occurred; WHEREAS, the Board of Trustees for Pilgrim Baptist Church filed a request dated September 3, 2013, requesting that Ordinance No. 38708-011910 be amended and reordained to 1 extend the deadline for meeting certain conditions in such ordinance for a period of 30 days to allow all of such conditions to be met; WHEREAS, extending the time to November 20, 2013, for all conditions set forth in Ordinance No. 38708-011910 to be met will effectuate the purpose of Ordinance No.38708-011910; and WHEREAS,notice of a public hearing consistent with Section 30-14 of the Code of the City of Roanoke (1979), as amended, has been published for a public hearing before City Council on October 21, 2013. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the last four (4) paragraphs of Ordinance No. 38708-011910 are amended to read and provide as follows: BE IT FURTHER ORDAINED that the applicant shall,upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke,Virginia,a certified copy of Ordinance No. 38708-011910, adopted on January 19,2010, and a certified copy of any ordinance amending Ordinance No. 38708-011910, for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of Ordinance No. 38708-011910 being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke,Virginia,the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met before November 20, 2013, then such ordinance, and any ordinance amending Ordinance No. 38708-011910, shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of§ 12 of the City Charter, the second reading of this ordinance by title is 2 hereby dispensed with. BE IT FURTHER ORDAINED that Ordinance No. 38708-011910, as amended herein, is reordained. BE IT FINALLY ORDAINED that pursuant to the provisions of§12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: e‘\.00,11YZ)the\) rty ler . Ord--Pilgrim Baptist Church vacate alley-REORDAIN AND EXTEND.doc 3 4 J , CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21 , 2013 Subject: Amendment and Reordainment of Ordinance No. 38708-011910, Permanently Vacating, Discontinuing and Closing an Alley off of 8th Street, N.W., Adjacent to Parcels Bearing Tax Nos. 2032001, 2030801 and 2030803, to Provide Additional Time to Meet all Conditions for the Closure to Become Effective Background: On January 19, 2010, City Council approved Ordinance 38708-011910 permanently vacating, discontinuing, and closing an alley off 8th Street, N.W., adjacent to parcels bearing Official Tax Map Nos. 2032001 , 2030801 , and 2030803. With the exception of recording a certified copy of the ordinance with the Clerk of the Circuit Court of the City of Roanoke, all the required conditions of vacating the alley were met. By letter dated September 3, 2013, Nathan Tuning, Chairman, Trustees of Pilgrim Baptist Church, requested that Ordinance No. 38708-011910 be amended and reordained to allow additional time to meet all conditions for vacating, discontinuing and closing the subject portion of the alley. Planning staff has reviewed the request and has no objection to it. Recommendation: Amend and reordain Ordinance No. 38708-011910 to extend the deadline to November 20, 2013 to allow additional time within which to satisfy all conditions of Ordinance No. 38708-011910. Il Christopher P. Morrill City Manager Distribution: Council Appointed Officers The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + PILGRIM BAPTIST CHUR ATTN: SHERMAN STOVAL reordaln 0rainance ,.,.. 38708-011910,to allow 1415 8TH ST NW more time for the vacation of an alley off of 8th Street, ROANOKE VA 24016 NOTICE OF PUBLIC N.W.,adjacent to parcels bearing Official Tax Map NEARING Nos.2032001,2030801 and 2030803. A copy of the request Is •REFERENCE: 80024374 The Council of the City of available for theCity Cooke Y Office of the elCy Clerk, Reding o will hold a public Room Municipal Noel C.Taylor 13447983 NOTICEOFPUBLICHEARIN hearing at Monday,:0 October or Church Avenue,21,oon thereafter et as t e Ro noke Vir inia. S.W., as t ern ay b heard,I the Roanoke,pa,parties inlin State of Virginia CouncimCham , ourth citizenssMaya appear tand y pbe heard arton floor,City of Roanoke Munici al the Building.I n. 15 the atter. If y u are on ' Church Municipal W.. the matter. If you are a Rno e,Avenue, S.W.. nenonwcoadoaatllrywho ' Roanoke, Virginia, to needs accommodations for I, (the undersigned) an authorized representative ' consider the following: this hearing,please contact Request from Nathan the City Clerk's Office,at of the Times-World Corporation, which corporation _Tuning on behalf of the 853-2541,before noon on Board of Trustees for the Thursday before the is publisher of the Roanoke Times, a daily Pilgrim Baptist Church to date of the hearing listed newspaper published in Roanoke, in the State of o` rdn°n`andc te`nNo. a GIVEN under my hand Virginia, do certify that the annexed notice was 38708-011910 Council on January 9. 20128th day of September, g y 20y 0, nd on January n 20 S3, published in said newspapers on the following 2010,and to amend and Stephanie M.Moon,Clerk. dates: (13447983) City/County of Roanoke, Commonwealth/State of Vir inia. Sworn and subscribed before me this lay of Oct .2013 . Witness my hand and official seal. N. iL',,....,,,‘,,...t\_.„.,.,;,..,.A•,. ,,/0,, _,. ..... . � .., \ ,s. _ Notary Public '4; / $� i ...... „. ... `� PP PUBLISHED ON: 10/04 10/11 = =O \tO�c>�C oa�� ---�% 7 Q - Q� 0( >� Z _ f Ca : X60�,���Q.„ f: es • TOTAL COST: 441 .84 'vrrrrii ito' FILED ON: 10/15/13 + Authorized `�� /', Signature: �/ I , Billing Services Representative `Z'.. NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, October 21, 2013, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building,215 Church Avenue,S.W., Roanoke, Virginia, to consider the following: Request from Nathan Tuning on behalf of the Board of Trustees for Pilgrim Baptist Church to amend conditions of Ordinance No. 38708- 011910 adopted by City Council on January 19, 2010, and to amend and reordain Ordinance No. 38708-011910, to allow more time for the vacation of an alley off of 8th Street, N.W., adjacent to parcels bearing Official Tax Map Nos. 2032001, 2030801 and 2030803. A copy of the request is 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 26thiay of September , 2013. Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, October 4, and Friday, October 11, 2013. Send affidavit to: Send Bill to: Stephanie M. Moon, MMC, City Clerk Nathan Tuning, Chairman 215 Church Avenue, S. W., Room 456 Trustees of Pilgrim Baptist Church Roanoke, Virginia 24011 1415 8th Street, N. W. (540) 853-2541 Roanoke, Virginia 24016 (540) 342-5058 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk®roanokeva.gov STEPHANIE M.MOON,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 15, 2013 Nathan Tuning, Chairman Trustees of Pilgrim Baptist Church 1415 8th Street, N. W. Roanoke, Virginia 24016 Dear Mr. Tuning: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, October 21, 2013, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of the Pilgrim Baptist Church Board of Trustees to amend and reordain Ordinance No. 38708-011910 adopted by City Council on January 19, 2010; to provide additional time to meet all conditions for the closure of an alley off of 8th Street, N. W. It will be necessary for you, or your representative, to be present at the October 21st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw Yn'T CITY OF ROANOKE OFFICE OF THE CITY CLERK ;'E 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk September 5, 2013 Nathan Tuning, Chairman Trustees of Pilgrim Baptist Church 1415 8th Street, N. W. Roanoke, Virginia 24016 Dear Mr. Tuning: This will acknowledge receipt of your letter dated September 3, 2013, requesting that Ordinance No. 38708-011910 be reinstated to extend the effective date for a period of thirty days in order to proceed with recordation as specified in the abovementioned measure. Copy of your letter has been forwarded to the Planning Building and Development Department and City Attorney to prepare the appropriate documents for consideration by City Council at its regular meeting scheduled to be held on Monday, October 21 at 2:00 p.m. Inasmuch as the matter requires a public hearing be held, a notice of public hearing will be published in the Roanoke Times once on Friday, October 4 and Friday, October 11. Lastly, if you should have questions regarding the process as outlined above, please feel free to contact me. Sincerely, Ottilin,LeArY1, b71 011s".) Stephanie M. Moon, MMC City Clerk pc: Rebecca Cockram, Secretary, City Planning Commission, w/attachment Daniel J. Callaghan, City Attorney, w/attachment i4 * PILGRIM BAPTIST CHURCH pilgrimbaptistchurchroanoke.corn 1415 8th Street, NW • Roanoke,Virginia 24016 c?Tt cot,71:3 s P 04 ati t t 4b Phone: 540.342.5058 • Fax: 540.343.4325 pilgrimbaptistchurch(averizon.net Rev. Dwight 0. Steele Sr. September 3, 2013 Senior Pastor Ms. Stephanie M. Moon City Clerk 215 Church Avenue, S.W. Suite 456 Salem, Virginia 24011 Dear Ms. Moon: On January 19, 2010, City Council approved Ordinance 38708-011910 permanently vacating, discontinuing and closing an alley off of 8th Street, N.W., adjacent to parcels bearing Official Tax Numbers 2032001 , 2030801 , and 2030803. With the exception of recording a certified copy of the ordinance with the Clerk of the Circuit Court, all of the required conditions of vacating the alley were met. It was recently called to our attention that the ordinance had not been recorded. This letter is to request the reinstatement of the existing ordinance and the extension of the effective date for a period of 30 days. Thank you for the consideration of this request. Sincerely, athan Tuning Chairman, Board of Trustees 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,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 The Honorable Brenda S. Hamilton Clerk of the Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified true copy of Resolution No. 39791-102113 authorizing the issuance of not to exceed one million nine hundred thousand dollars ($1,900,000.00) principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement bonds of such city, for the purpose of financing the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of the Regional Center for Animal Control and Protection Project on behalf of the City of Roanoke, the County of Botetourt, the County of Roanoke and the Town of Vinton (including refinancing existing indebtedness incurred with respect to such project). Pursuant to Section 8 of Resolution No. 39791-102113, the City Clerk is hereby directed to file a copy of this Resolution, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607, Code of Virginia (1950). The Honorable Brenda S. Hamilton Clerk of Circuit Court October 22, 2013 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 21, 2013. Sincerely, g :P,6-,1AbkY-) . ;10•(\) Stephanie M. Moon, MMC City Clerk Enclosure pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase Manhattan Plaza, 42nd Floor, New York, New York 10005-1401 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21, 2013 Subject: Public Hearing for Authorization of Debt to be Issued for the Regional Center for Animal Control and Protection (RCACP) Background/Considerations: The building that houses the Regional Center for Animal Control and Protection (RCACP) is currently owned by the Roanoke Valley SPCA (SPCA). The SPCA has outstanding debt on the facility in the amount of approximately $2.1 million. Now that the partner localities (Botetourt County, Roanoke, Roanoke County and the Town of Vinton) have undertaken operation of the facility, they will be purchasing the property from the SPCA with an expected closing of November 1 , 2013. Along with the property acquisition, the localities will need to undertake the debt on the facility. Refinancing the current debt will enable the participating localities to benefit from savings through a reduction in the interest rate. The original debt, issued in 2002, carries an interest rate of 4.64%. Refinancing this fall will result in a much lower interest rate of approximately 2.56%, producing gross cash flow savings of approximately $471 ,000 over the remaining life of the bond. Additionally, net present value savings equate to approximately $120,000 over the remaining life of the bond or 5.8% of refunded par (well in excess of the City's own refunding threshold of 3%). The maturity of the debt will not be extended as a result of the transaction. Staff recommends that the City of Roanoke, as the largest participant in the service agreement, serves as an issuer of this debt. Based on the current outstanding indebtedness, offset by $300,000 in available reserves maintained by the RCACP, the maximum amount to be issued is $1 .9 million. Issuing debt for RCACP will have a minimal impact on the City's debt policy and on debt service expenditures. The partner localities will continue to share in the annual debt service based on contribution percentages. The City is the largest contributor at 58%, followed by Roanoke County at 22%, Botetourt at 16% and Vinton at 4%. Council authorization of issuance of debt for the RCACP is required in accordance with State Code requirements. Recommended Action: Hold a public hearing on the issuance of debt for the RCACP. Adopt the accompanying resolution to authorize issuance of the debt, not to exceed $1 .9 million. aria V��=-- ANN ER Director of Finance Distribution: Council Appointed Officers Cm13%1/ CIRCUIT COURT Received d `-f'30& d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 0 T 2.5 2013 The 21st day of October, 2013. By Deputy Clerk CITY OF ROANOKE No. 39791-102113. A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED ONE MILLION NINE HUNDRED THOUSAND DOLLARS ($1,900,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR THE PURPOSE OF FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT, EQUIPPING, REHABILITATION AND REPAIR OF THE REGIONAL CENTER FOR ANIMAL CONTROL AND PROTECTION PROJECT ON BEHALF OF THE CITY OF ROANOKE, THE COUNTY OF BOTETOURT, THE COUNTY OF ROANOKE AND THE TOWN OF VINTON (INCLUDING REFINANCING EXISTING INDEBTEDNESS INCURRED WITH RESPECT TO SUCH PROJECT) WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of not to exceed $1,900,000 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of financing the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of the Regional Center for Animal Control and Protection Project (the "RCACP Project") on behalf of the City of Roanoke, the County of Botetourt, the County of Roanoke and the Town of Vinton (including refinancing existing indebtedness incurred with respect to the RCACP Project); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the purpose of financing the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of the RCACP Project on behalf of the City of Roanoke, the County of Botetourt, the County of Roanoke and the Town of Vinton (including refinancing existing indebtedness incurred with respect to the RCACP Project), the City is authorized to contract a debt and to issue not to exceed $1,900,000 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). - 1 - 1299558.2 037674 RSIND (b) The Bonds shall be issued in fully registered form and shall be numbered from No. R-1 upwards in order of issuance. There is hereby delegated to the City Manager and the Director of Finance of the City thq authority, without further action of this Council, to fix the denomination or denominations of the Bonds, to sell the Bonds at competitive sale or negotiated sale (including private placement) at such price plus accrued interest and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance and, in connection with such sale of the Bonds, the City Manager and the Director of Finance are hereby authorized to make customary representations and warranties of the City to the purchaser or purchasers of the Bonds. There is hereby further delegated to the City Manager and the Director of Finance the authority to determine, in accordance with and subject to the provisions of this Resolution and without further action of this Council: the date or dates of the Bonds; the rate of interest per annum to be borne by the Bonds or the method for calculating the rate of interest to be borne by the Bonds from time to time,provided that in no event shall the true interest cost for the Bonds exceed 4%; the basis of computing interest on the Bonds (e.g., a 360-day year comprised of twelve 30-day months or a 365- or 366-day year and actual days elapsed or such other basis as shall be determined by the City Manager and the Director of Finance); the interest payment dates thereof; the maturity date or dates thereof(but in no event exceeding forty (40) years from their date or dates); the amount of principal maturing on each maturity date; the place or places of payment thereof and the paying agent or paying agents therefor; the place or places of registration, exchange or transfer thereof and the registrar therefor; and whether or not the Bonds shall be subject to redemption prior to their stated maturity or maturities and, if the Bonds shall be subject to redemption, the premiums, if any, payable upon such redemption; provided that no such premium shall exceed 2% of the principal amount of the Bonds, and the respective periods in which such premiums are payable and the forms, method and timing for giving notices of redemption of the Bonds. In addition to the foregoing, there is hereby further delegated to the City Manager and the Director of Finance the authority to determine, in accordance with and subject to the provisions of this Resolution and without further action of this Council, that the Bonds shall be subject to prepayment at a "make whole" price and that the Bonds shall bear interest at an increased interest rate upon the occurrence of an event of taxability with respect to the Bonds or an event of default with respect to the Bonds;provided, however, in no event shall such interest rate exceed 9% per annum. (c) The City Manager is hereby authorized, without further action of this Council, to execute and deliver a credit facility or loan agreement or line of credit financing agreement providing for the issuance of the Bonds as evidence of advances made thereunder in a principal amount not to exceed the principal amount of the Bonds authorized for issuance pursuant to Section 1(a) hereof and is hereby further authorized to cause to be paid on behalf of the City the fees and expenses payable to the issuer of such credit facility or loan agreement or line of credit financing agreement pursuant to the terms thereof. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without _ 1 2!19553.21)37674 RSIND limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have an impression of the corporate seal of the City or an impression thereof embossed or imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender thereof. Interest on the Bonds shall be payable by check mailed to the registered owner or owners of such Bonds or, in the event there is only one registered owner of the Bonds, by wire transfer. SECTION 5. The City covenants and agrees that it shall comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated under such Sections 103 and 141-150 so long as any such Bonds are outstanding. SECTION 6. All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 7. The Bonds shall in such form as shall be approved by the City Manager and the Director of Finance. SECTION 8. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 9. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. SECTION 10. This Resolution shall take effect upon its adoption. ATTEST: ) ^ Wket.nAlt) City,Clerk. A COPY TE$TTE BRENDA S.HAMILTON,CLERK By ha re f 71 ITJi S"Deputy Clerk 3 - 1299558 2137674 RSIND The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + DEPARTMENT OF FINANCE ROOM 461 215 CHURCH AVENUE, W ROANOKE VA 24011 NOTICE OF PUBLIC attend a hearing and 1 appepwar and present their 1 NEARING view the proposed resolution and the proposed REFERENCE: 8 016 3 3 3 8 bond issuance,both Shoully NOTICE 15 HEREBY and in writing. be 13448369 NOTICEOFPUBLICHEARIN GIVEN,pursuant to Section written comments l ee 15.2-2606.A of the Code of presented, Virginia,1950,as amended, should be made available to that the Council of the City the undersigned ator State of Virginia of Roanoke,Virginia(the before the public hearing. or ),will hold a public If you are a person with City of Roanoke 'hearing on Monday,0 tuber a disability who needs 21. 2013. at 7:00 P.M., a cco m mutletions fo a asle. local time, or as soon public hearing, P thereafter as the matter contact the City Clerk's I, (the undersigned) an authorized representative may be heard, in the Office at(540)853-2541, of the Times-World Corporation, which corporation Council Chamber,Taylor 2013 prsday,op ber v, is' publisher of the Roanoke Times, a daily Church Avenue.Building,W..,, li'prop see resolution is on of the newspaper published in Roanoke, in the State of with respect to40he ISM I lelrkth NoeleC. Taylor Virginia, do certify that the annexed notice was Cproposeouncil d oar d a option resolution by the M456,unici215 Church Avenue, Pit Budding,Room published in said newspapers on the following authorizing the City to S.W..Roanoke,Virginia contract a debt and issue 24011. dates: general obligation public Dated. October 7,2013 MC improvement bonds of the STEPHANIE M. MO Clerk City in the principal amount, Cit of Roanoke,Virginia of not to exceed Y $1,900,000 for the purpose I 13448369) of financing the costs of the I ,( acquisition,construction. reconstruction,improve-i ment, extension, City/County of Roanoke, Commonwealth/State of enlargement, equipping, rehabilitation and repair of Virginia. Sworn and subscribed before me this ' the Regional Center for 1St-lay of Oct.2013 . Witness my hand and Animal r ti Control anei, Protection project oct (half "RCACP of the City Project")on behalf', --, official seal . ` Count City of Roanoke,the \\w County of of Roano rt,the County of Roanoke and the, Town of Vinton(including ;7.12_a an. II ,y ` Notary Public refinancing existing Fa] • 1 respect to the Rtl CP, �V. respect to the Rd with, Project). .t All members of the ttilii public and interested C1 xJt tftrx , individuals are invited to 1 pYM4nI. PUBLISHED ON: 10/07 10/14 . ? ,c4OJ��\p9Ucc,Q •• Z'_ ,.y. .: CC : Q * C:3 : 5 _ 'ui PI0VOQ S O�` TOTAL COST: 604 . 08 :, ;FILED ON: 10/15/13 Authorized Signature: , Billing Services Representative er NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, October 21, 2013, at 7:00 P.M., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City in the principal amount of not to exceed $1,900,000 for the purpose of financing the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of the Regional Center for Animal Control and Protection project (the "RCACP Project") on behalf of the City of Roanoke, the County of Botetourt, the County of Roanoke and the Town of Vinton (including refinancing existing indebtedness incurred with respect to the RCACP Project). All members of the public and interested individuals are invited to attend such hearing and to appear and present their view on the proposed resolution and the proposed bond issuance, both orally and in writing. Should written comments be presented, three copies should be made available to the undersigned at or before the public hearing. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, October 17, 2013. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: October 7, 2013 STEPHANIE M. MOON, MMC City Clerk City of Roanoke, Virginia [TO BE PUBLISHED ON MONDAY, OCTOBER 7, 2013, AND MONDAY, OCTOBER 14, 2013] 1299411.1 037674 FRMS Notice to Publisher: Publish in the Roanoke Times on Monday, October 7, and Monday, October 14, 2013. Send affidavit to: Send Bill to: Stephanie M. Moon, MMC, City Clerk Ann H. Shawver, Director of Finance 215 Church Avenue, S. W., Suite 456 215 Church Avenue, S. W., Suite 465 Roanoke, Virginia 24011 Roanoke, Virginia 24011 (540) 853-2541 (540) 853-2821 1299411.1 037674 FRMS . „� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2013 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: The City Council conducted a public hearing in connection with your proposal to consider an ordinance to create a stormwater utility at its regular meeting held on Monday, October 21, 2013. On motion, duly seconded and unanimously, the matter was tabled until date certain. Sincerely, Actihj.L.) 17'1 • vk_, Stephanie M. Moon, MMC City Clerk Enclosure pc: Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY Timothy R. Spencer Steven J. Talevi 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW Gary E. Tegenkamp ROANOKE, VIRGINIA 24011.1595 David L. Collins Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540-853-2431 Laura M. Carini City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: ciryarry @roanokeva.gov October 21, 2013 The Honorable Mayor and Members of Council Roanoke, VA Re: Code Amendment— Stormwater Utility Dear Mayor Bowers and Members of City Council: Attached for your consideration is an ordinance, amending the City Code to include a new Chapter 11.5 Stormwater Utility. In accordance with Virginia Code §15.2-2114, a public hearing is required prior to adoption of an ordinance regulating stormwater as a utility within the City of Roanoke. Sincerely yours, 44;t . Daniel J allagha City Attorney DJC/lsc Enclosure c. Christopher Morrill, City Manager Ann Shawver, Director of Finance Stephanie Moon, City Clerk The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF ROANOKE CLERK'S OFFICE NOTICE OF PUBLIC againssystem he fee for those' 215 who maintain the structure HEARING ON THE 215 Church Ave SW Rm 456 and function of stormwater Noel C Taylor Municipal Bldg PROPOSED CREATION management facilities and operate stormwater Roanoke VA 24011 OFA STORMWATER management facilities accordance with specified UTILITY criteria or are subject to, and in compliance with,an Reference: 32143302 . individual or general The Council of the City Virginia Pollutant Discharge 13448740 of Roanoke will hold a Elimination System public hearing on Monday, industrial stormwater October 21,2013,at 7:00 permit. p.m.,or as soon thereafter 4.Criteria and a process State of Virginia as the matter may be for requesting and 9 heard, In the Council determining adjustments to Chamber,Room 450,in the the stormwater utility fee. City of Roanoke Noel C.Taylor Municipal 5.Other policies and Building, 215 Church procedures for the Avenue,S.W., Roanoke, administration and I, (the undersigned) an authorized representative Virginia,to consider an enforcement of the ordinance creating a stormwater utility fee. of the Times-World Corporation, which corporation stormwater utility pursuant A copy of the full to the prbvisions of Section ordinance, which would is publisher of the Roanoke Times, a daily 15.2-2714.Code of Virginia enact a new Stormwater (1950),as amended. The Utility,Chapter 11.5.of the newspaper published in Roanoke, in the State of proposed stormwater utility Code of the City of Roanoke Virginia, do certify that the annexed notice was provides As forrce of revers (1979),i Ise Office for I.a source the of revenue review in s the vailae le the to be used exclusively for City Clerk,Room 456,Noel published in said newspapers on the following stormwater management C.Taylor Municipal Building, projects and activltles. 215 Church Avenue,S.W., dates: 2.City Council to set a Roanoke,Virginia. A copy monthly stormwater utility of the above ordinance as fee rate by separate well as other Information on resolution or with the the proposed stormwater adoption of the City budget. utility may be viewed at he The current discussion is to City's w e b s i t e 'a t set the monthly stormwater www.roanokeva.gov(see utility fee rate at the the link on the left side for City/County of Roanoke, Commonwealth/State of amount of$0.90 per billing stormwater utility unit to be imposed on all information). Vlla� Sworn & subscribed before me this Improved parcels in the City All parties and h' day of October 2013. Witness my hand as of July 1,2014,and July Interested persons may y y 1 of each year thereafter, appear on the above date except those parcels and be heard on this an official Seal. exempted pursuant to matter. If you are a person Section 11.5-4 of the with a disability who needs proposed ordinance. A accommodations for this ;, y9 : //I / ,y/.a Notary Public billing unit is defined in the hearing,please contact the ry proposed ordinance as five City Clerk's Office at hundred(500)square feet 853-2541,before noon on of Impervious surface the Thursday before the located on an improved date of the hearing listed parcel in the City. The City above. will calculate the area of GIVEN under my hand Impervious surface on each this 1st day of October, PUBLISHED ON: 10/04, 10/11 improved parcel,divide that 2013. area by the billing unit,and, Stephanie M.Moon, round the result to the City Clerk. nearest whole number to, determine the number of (13448740). billing units for an Improved parcel In the City. TOTAL COST: 859.92 FILED ON: 10/23/2013 / . toturl / Authorized .0 ''I., tt) cEE , Signature: ?e) .V-1.---' , Billing Services Repres a v ••••• * 1 ,, ' •.�;'•NOTARY •.e9� PUBLIC t h: REG.#332964 MY CO;iRp:.S;5; ; <- '� WE .�`',' u NOTICE OF PUBLIC HEARING ON THE PROPOSED CREATION OF A STORMWATER UTILITY The Council of the City of Roanoke will hold a public hearing on Monday, October 21, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider an ordinance creating a stormwater utility pursuant to the provisions of Section 15.2-2114, Code of Virginia (1950), as amended. The proposed stormwater utility provides for the following: 1. A source of revenue to be used exclusively for stormwater management projects and activities. 2. City Council to set a monthly stormwater utility fee rate by separate resolution or with the adoption of the City budget. The current discussion is to set the monthly stormwater utility fee rate at the amount of $0.90 per billing unit to be imposed on all improved parcels in the City as of July 1, 2014, and July 1 of each year thereafter, except those parcels exempted pursuant to Section 11.5-4 of the proposed ordinance. A billing unit is defined in the proposed ordinance as five hundred (500) square feet of impervious surface located on an improved parcel in the City. The City will calculate the area of impervious surface on each improved parcel, divide that area by the billing unit, and round the result to the nearest whole number to determine the number of billing units for an improved parcel in the City. 3. A system of credits against the fee for those who maintain the structure and function of storwmwater management facilities and operate stormwater management facilities in accordance with specified criteria or are subject to, and in compliance with, an individual or general Virginia Pollutant Discharge Elimination System industrial stormwater permit. 4. Criteria and a process for requesting and determining adjustments to the stormwater utility fee. 5. Other policies and procedures for the administration and enforcement of the stormwater utility fee. A copy of the full ordinance, which would enact a new Stornwater Utility, Chapter 11.5, of the Code of the City of Roanoke (1979), is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A copy of the above ordinance as well as other information on the proposed stormwater utility may be viewed at the City's website at www.roanokeva.gov (see the link on the left side for stormwater utility information). All parties and interested persons may appear on the above date and be heard on this 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. 1 GIVEN under my hand this day of October, 2013. Stephanie M. Moon, CMC City Clerk. Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, once on Friday, October 4, 2013, and once on Friday, October 11, 2013. Please send bill to: Please send affidavit of publication to: City Engineering Division Stephanie M. Moon 350 Noel C. Taylor Municipal Building City Clerk's Office 215 Church Avenue, S.W. 456 Noel C. Taylor Municipal Building Roanoke, VA 24011 215 Church Avenue, S.W. (540) 853-2731 Roanoke, VA 24011 (540) 853-2541 2 coK 02 % `T tn CITY OF ROANOKE t. INTERDEPARTMENTAL COMMUNICATION DATE: October 3, 2013 TO: Stephanie M. Moon, City Clerk FROM: Laura M. Carini, Assistant City Attorney 1/4A,L) SUBJECT: October 4, 2013, Draft Stormwater Utility Ordinance Attached is a copy of the draft Ordinance for adding Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke. Please note that this Ordinance should be made available to anyone requesting a copy or wanting to review the Ordinance since the ad that is being published on October 4, 2013, and October II, 2013, indicates that a full copy of the Ordinance is available for review in the Office of the City Clerk. Please note that Phil Schirmer will be posting the Draft Ordinance on the City website, so that if anyone requests an electronic copy of the ordinance, it will be available on the website. If you have any questions or need any further information, please contact me. Thank you for your assistance in this matter. ec: R. Brian Townsend., Assistant City Manager of Community Development (without attachments) Sherman M. Stovall, Assistant City Manager for Operations (without attachments) Philip C. Schirmer, City Engineer (without attachments) Christopher Blakeman, Environmental Administrator (without attachments) Daniel J. Callaghan, City Attorney(without attachments) Gary E. Tegenkamp, Assistant City Attorney(without attachments) Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended is hereby added to read and provide as follows: CHAPTER 11.5 STORMWATER UTILITY Sec. 11.5 -1. Authority and effective date. The City is authorized by the provisions of § 15.2 -2114, Code of Virginia (1950), as amended, to establish a utility to support stormwater management activities consistent with the Virginia Stormwater Management Act, § 10.1 -603.1 et seq., Code of Virginia (1950), as amended, and other state and federal stormwater regulations. This Chapter shall be effective July 1, 2014, with the initial stormwater utility fee bill due and payable on or before October 5, 2014 in the same manner prescribed in § 32 -16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes. Notwithstanding, the City Manager is authorized to develop policies, procedures, and manuals necessary to implement this Chapter in accordance with § 11.5 -2 and to accept applications for credits in accordance with § 1 1.5 -7 prior to July 1, 2014. Sec. 11.5 -2. Purpose and organization. City Council finds that an adequate, sustainable source of revenue for stormwater management activities is necessary to protect the general health, safety, and welfare of the residents of the City. Further, Council finds that parcels, as that term is defined in Appendix A to the City's Zoning Ordinance, § 36.2 -100 et seq., Code of the City of Roanoke (1979) (City Code), with higher amounts of impervious surfaces contribute greater amounts of stormwater and pollutants to the City's stormwater management system and that the owners of such parcels should carry a proportionate burden of the cost of such system. Therefore, Council determines that a stormwater utility (utility) based on a parcel's impervious surface cover is in the best interest of the public. The utility shall be operated under the direction of the City Manager, who shall organize, direct, and manage the utility, including the development of necessary policies, procedures, and manuals as authorized by this Chapter. Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT See. 11.5 -3. Stormwater utility fee. (a) There is hereby established a stormwater utility fee (fee) imposed on all improved parcels in the City that exist on January 1 of each year regardless of whether the parcel is subject to taxation under § 32 -16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes. All revenue from the fee shall be deposited into a stormwater utility enterprise fund for the sole purpose of funding the activities described in § 11.5 -5. (b) The monthly utility fee rate for each billing unit as defined in § 11.5 -10 shall be set by City Council by separate resolution or with the adoption of the City budget. Each improved parcel in the City shall be charged in accordance with § 11.5 -6. (c) Except as otherwise provided in this Chapter, the impervious surface of a parcel shall be determined by the City using one or more of the following, at the discretion of the City Manager: aerial photography; as -built drawings; final approved site plans; building permits; field surveys; or, other appropriate engineering and mapping analysis tools. Sec. 11.5-4. Exemptions. Notwithstanding § 11.5 -3 above, the following parcels shall be exempt from the stormwater utility fee: (a) Unimproved parcels as defined in § 1 1.5 -10; (b) Parcels owned by a federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that this exemption shall apply only to parcels or portions of parcels covered by any such permit and shall not apply to parcels owned and maintained by the City of Roanoke that are not otherwise exempt under subsection (c) below; and, (c) Public roads and street rights -of -way that are owned and maintained by the Commonwealth of Virginia or the City of Roanoke, including property rights -of -way acquired through the acquisitions process. See. 11.5 -5. Stormwater utility enterprise fund. There shall be established a stormwater utility enterprise fund (fund) from the deposit of all fees, charges, and other revenue collected by the utility, as well as any other revenue as may be determined by Council or the City Manager, Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT including but not limited to grants and special appropriations. The fund shall be used exclusively to pay or recover costs for the following: (a) The acquisition by gift, purchase, or condemnation, as authorized by law, of real and personal property, and interest therein, necessary to construct, operate, and maintain stormwater control facilities; (b) The cost of administration of such programs; (c) Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (d) Facility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (e) Monitoring of stormwater control devices and ambient water quality monitoring; and, (f) Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation. See. 11.5 -6. Stormwater utility fee calculation. (a) Except as otherwise provided, the minimum stormwater utility fee shall be the rate established for one billing unit and shall be calculated for each parcel in the following manner: (1) Determine the impervious surface of the parcel in square feet. (2) Divide the impervious surface of the parcel by the billing unit. (3) Round the resulting calculation to the nearest whole number to determine the number of billing units. (4) Multiply the number of billing units determined in subsection (3) above by the rate established in § 11.5 -3 to obtain the stormwater utility fee for the parcel. 4 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA An ORDINANCE adding Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended; authorizing the City Manager to take appropriate actions to facilitate an effective transition and implement the Ordinance; providing for effective dates; and dispensing with the second reading by title of this Ordinance. WHEREAS, during the past several years, City Council and City Staff have periodically held briefings, discussions, and studied the establishment of a Stormwater Utility for the City and the need for such Utility; WHEREAS, during the past year, City Council has been briefed by City Staff on the need for the establishment of a Stormwater Utility for the City in order to address significant stormwater capital projects within the City, increase maintenance of the City's stormwater infrastructure, and to comply with emerging Federal and Commonwealth of Virginia environmental regulations; WHEREAS, during City Council's most recent briefing on September 3, 2013, by City Staff on the Stormwater Utility matter, it was recommended that the establishment of a Stormwater Utility for the City move forward and allow Council to consider adopting a Stormwater Utility Ordinance in order to create such a Utility; and WHEREAS, Council has held a public hearing in accordance with Section 15.2-2114(B) of the Code of Virginia (1950), as amended, on , 2013, at which public hearing citizens were afforded the opportunity to present their opinions and views in support of or in opposition to the proposed the Stormwater Utility Ordinance. 1 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT (b) Where a parcel with impervious surface is held in common ownership, the fee shall be calculated in accordance with subsection (a) above. The City Manager may directly bill the entity responsible for the parcel held in common ownership, or distribute the resulting fee equally among those owning an interest in the parcel held in common ownership. In addition, the City Manager, in his or her sole discretion, may develop alternative methodologies for billing a parcel held in common ownership on a case- by-case basis. Sec. 11.5-7. Stormwater utility fee credits. § 15.2-2114.B, Code of Virginia (1950), as amended, recognizes that a continued investment in an on-site stormwater management facility results in a reduced impact on the public stormwater management system. The City Manager is authorized to adopt policies,procedures, and manuals necessary to implement, administer, and enforce this section. (a) Credit Eligibility. Only on-site stormwater management facilities meeting the following criteria are eligible for a credit against the stormwater utility fee: (1) The parcel owner must submit a Credit Application Form provided by the City in accordance with subsection (c) below. (2) The parcel owner must maintain the structure and function of a stormwater management facility and operate the stormwater management facility. (3) The parcel owner must have a properly executed maintenance agreement with the City that has been properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. (4) The parcel owner must demonstrate to the City's satisfaction that the facility is functioning as originally designed. The structure must be maintained to the satisfaction of the City Manager in accordance with the properly executed maintenance agreement, the requirements set out in the most recent Virginia Stormwater Management Regulations, or the Virginia BMP Clearinghouse, whichever is most stringent. (5) The facility must have met the criteria in existence at the time of construction in at least one of the following sections of the City Code: (i) § 11.4-16, Water Quality; or 5 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT (ii) Both § 11.4-17, Stream Channel Erosion, and § 11.4-18, Flooding (6) Facilities that do not meet the minimum criteria in subsection(5) above may still be considered on a case-by-case basis at the discretion of the City Manager if it is demonstrated that the facility achieves a permanent reduction in post-development stormwater flow and pollutant loading. The credit may be prorated based on an analysis of the benefits of the reduction. (b) Credit Amounts. (I) The maximum credit allowed is 50% of the total annual stormwater utility fee, except as provided in subsection (6) below. (2) For an on-site stormwater management facility, the credit amount is based on the amount of impervious surface located on the parcel draining to the facility, and not the total amount of impervious surface cover on the parcel. (3) Credits for on-site stormwater management facilities are as follows if the facility was required under the provisions of Chapter § 11.4, Stormwater Management, of the City Code: (i) A ten percent(10%) credit is allowed if the facility, or facilities,provide water quality benefits in accordance with § 11.4-16 of the City Code. (ii) A ten percent(10%) credit is allowed if the facility, or facilities, provide both stream channel erosion control benefits in accordance with § 11.4-17 of the City Code and flood control benefits in accordance with § 11.4-18 of the City Code. (4) At the City Manager's discretion, a credit of up to five percent (5%) in addition to that provided in subsection (3) above may be granted for a facility that achieves benefits above those required by the City Code. (5) If an on-site stormwater management facility is part of a voluntary retrofit, the amount of credit the facility is eligible to receive in accordance with subsections (3) and (4) above shall be doubled. (6) The owner of an eligible facility that treats off-site impervious surface located within the City may take a credit for treating the off-site impervious surface. The off-site credit amount shall be calculated in the same manner as if the facility was located on the off-site parcel. However, in no case shall the total credit exceed the total amount of the annual stormwater utility fee charged to the parcel owner. 6 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT (c) Application and Maintenance Verification. (1) There is no fee for a credit application. (2) To apply for the initial credit for an on-site stormwater management facility, the parcel owner must submit, at his or her own expense, a Credit Application Form to be provided by the City Manager. The Credit Application Form shall require the following information: (i) A description of the type of facility(or facilities), the stormwater control standard met by the facility, and the year the facility was built; (ii) A drainage area map, drawn to scale, for the facility showing the drainage boundaries and the impervious area treated by the facility in square feet; (iii) As-built or other acceptable engineering plans for the facility; (iv) A narrative of the known maintenance history of the facility, including routine maintenance and significant structural maintenance and repair; (v) A copy of the City's standard maintenance agreement that has been executed by the City and properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. If there is no existing facility maintenance agreement, then one must be completed and properly recorded; (vi) Information on any public funds used to construct, repair, upgrade, or retrofit the facility, including the amount and the date(s); (vii) Calculations to determine the monetary amount of the claimed credit; and (viii) A completed inspection checklist certifying that the facility is functioning as originally designed. "Functioning as originally designed" means that the facility is operating in accordance with the original design specifications, regardless of the standard in effect at the time of the installation. The checklist must be signed and sealed by a Professional Engineer. The inspection checklist shall be no more than one year old at the time of application. (3) Once approved, the parcel owner will remain eligible for the credit as long as the facility continues to function as originally designed. The City may revoke the credit if an inspection by the City or a 7 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT designated representative determines that the facility is no longer being properly maintained or functioning as designed. Such revocation will be effective thirty (30) days after the City has notified the parcel owner in writing of the deficiency(s)and if the problems are not resolved. The revocation may be delayed for an additional period, at the discretion of the City Manager, provided that the parcel owner is diligently pursuing work to eliminate deficiencies. (4) Any maintenance or functional deficiencies must be remedied at the owner's expense before a facility may qualify, or re-qualify (after revocation), for a credit. (d) Public Improvements to Private Facilities. A privately owned and operated facility that was constructed or upgraded using City provided funds shall be treated in the following manner: (1) Newly Constructed Facility. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the facility was constructed using private funds equals or exceeds the City's investment. (2) Existing, Non-Functioning Facility Upgraded to Function Properly. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the upgrade or retrofit was constructed using private funds equals or exceeds the City's investment. (3) Existing, Functioning Facility Upgraded and Eligible for Higher Credit. The parcel owner shall be eligible for the original credit. At such time that the cumulative difference between the original credit and the higher credit equals or exceeds the City's investment, the parcel owner shall also be eligible for the higher credit. (e) Credit for Industrial Stomrwater Permits. Subject to the maximum credit in subsection (b)(1) above, a ten percent(10%) credit is allowed for any parcel, or portion of a parcel, that is subject to, and in compliance with, an individual or general Virginia Pollutant Discharge Elimination System industrial stormwater permit issued in accordance with 9VAC25-31-120, Virginia Administrative Code, as amended. To apply for the initial credit, the parcel owner must provide the City Manager with proof of permit coverage, the date of permit expiration, and a cover letter affirming that the parcel is in full compliance with the permit requirements. The credit will expire on permit expiration unless the parcel owner provides proof to the City Manager that the permit has been renewed. 8 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT (f) Affirmative Duty and Timing. It is the sole responsibility of the parcel owner to apply for a credit in accordance with policies, procedures, and manuals adopted by the City Manager. A credit that is approved by January 1 of a given year thereafter will be applied in full to the upcoming billing cycle. Sec. 11.5-8. Billing, penalties, and interest. (a) The stormwater utility fee shall be billed and payable on the same schedule as prescribed in § 32-18, Code of the City of Roanoke(1979), Real Estate Taxes, and shall be subject to the same penalties and interest as prescribed in § 32-19, unless a petition for adjustment has been submitted and is under active consideration by the City Manager in accordance with § 11.5-9 below. The stormwater utility fee may be billed separately or may be combined with other billings, and, when combined, payment will be applied first to the stormwater utility fee and then to all other taxes and fees, as determined by the City Treasurer, in accordance with § 15.2-2114.G, Code of Virginia(1950), as amended. (b) A delinquent stormwater utility fee, along with cumulative interest and penalties, shall constitute a lien on the parcel ranking in parity with liens for unpaid taxes and shall be collected in the same manner as provided for the collection of unpaid real estate taxes. Sec. 11.5-9. Petitions for adjustments. (a) Any parcel owner may request an adjustment of the stormwater utility fee by submitting a request in writing to the City Manager within thirty (30) days after the date the bill is mailed or issued to the parcel owner. Grounds for adjustment are limited to the following: (1) An error was made regarding the square footage of impervious surface; (2) The parcel is exempt under the provisions of§ 11.5-4; (3) There is a mathematical error in the fee calculation; (4) The identification of the parcel owner invoiced is in error; or, (5) An approved credit was incorrectly applied. (b) The parcel owner shall complete a Stormwater Utility Fee Adjustment application form supplied by the City Manager. 9 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT (c) If the request for adjustment is regarding an error in the measured impervious surface, a plan view of the parcel's impervious surface must be submitted with the application, and shall be prepared at the owner's expense. The plan must meet the following criteria: (1) The plan must show all impervious surfaces and label their dimensions within the parcel boundaries; and (2) The plan must be signed and sealed by a Professional Engineer or Professional Land Surveyor licensed in the Commonwealth of Virginia attesting to the accuracy of the impervious surface measurements. (d) The requirement for a plan view of the parcel's impervious surfaces required in subsection (c) above may be waived, if in the sole discretion of the City Manager the error is obvious and is the result of a technical error or oversight by the City. In such case, the City shall be responsible for recalculating the impervious surface of the parcel. (e) The City Manager shall make a determination within thirty (30) days of receipt of a complete submittal for the request for adjustment. In the event that the City Manager finds that the appeal is deficient or incomplete, the City Manager shall offer the owner thirty(30) days to supply the missing information from the time of the determination. If the information is not provided to the City Manager within the additional thirty (30) day period, the request will be deemed withdrawn. (0 The City Manager's decision on a fee adjustment petition is a final decision from which an aggrieved party may appeal to the Circuit Court of the City of Roanoke within thirty (30) days after the date of such decision, after which time no further appeal shall be allowed. Sec. 11.5-10. Definitions. Except as provided below, or the context clearly indicates otherwise, definitions used in this Chapter shall be the same as those in § 11.4-30. (a) Billing unit means five-hundred (500) square feet of impervious surface. (b) Impervious surface means any area improved, graded, and/or surfaced with impervious material or resulting in impervious conditions. An impervious material or condition is present when the natural infiltration of water into the soil is significantly impeded or prevented. An impervious surface includes that portion of the land surface covered by an elevated 10 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT structure, such as a bridge or deck, regardless of whether the land surface itself remains pervious or impervious. (c) Improved parcel means any parcel regardless of zoning district, zoning classification, or land use that has one-hundred (100) or more square feet of impervious surface. (d) Unimproved parcel means any parcel regardless of zoning district, zoning classification, or land use that has less than one-hundred (100) square feet of impervious surface. END OF CHAPTER 11.5 2. The City Manager is hereby authorized to take all steps necessary and/or advisable, in his or her discretion, to implement an effective transition of Chapter 11.5 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Chapter 11.5, including, but not limited to, developing policies, procedures, and manuals necessary to implement Chapter 11.5, accepting applications for stormwater utility fee credits, and proposing to City Council a stormwater utility fee. Any proposal for a stormwater utility fee that the City Manager may propose will be acted on by Resolution by City Council. All fees and expenses incurred prior to July 1, 2014, will be included as City of Roanoke General Fund or Capital Projects expenditures funded by local revenue. 3. Section 1 of this Ordinance shall be in full force and effect on and after July I, 2014. 4. Section 2 of this Ordinance shall be in full force and effect upon passage of this Ordinance. 5. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 11 Proposed City of Roanoke Stormwater Utility Ordinance REVISED DRAFT 10/4/2013 REPLACES 8/12/2013 DRAFT ATTEST: City Clerk 12 - RECEIVED I p OCT 0 2 2013 October 1, 2013 ROANOKE CITY MANAGER'S OFFICE REGIONAL CHAMBER OF The Honorable David Bowers COMMERCE Mayor City of Roanoke 215 W. Church Avenue • Room 452 Roanoke, VA 24011 Dear Mayor Bowers and Members of City Council: Subject: Proposed Stormwater Utility—Three Year Phase In of Fee Structure On behalf of the Roanoke Regional Chamber of Commerce and members of the City's business community listed below, I am writing to convey our appreciation for your careful deliberation on the proposed stormwater utility and its impact on both residential and commercial property owners. As mentioned in previous correspondence,members of the business community recognize the necessity of modernizing the City's aging stormwater infrastructure and improving regional water quality. To help the business community mitigate potential budgetary challenges that will result from adoption of this ordinance,we want to reaffirm our support for a three year phase-in of the accompanying utility fee.The gradual implementation of this fee will provide business owners greater flexibility to absorb this new expenditure and time to adjust lease agreements with their tenants. In addition, a three-year window will allow property owners adequate time to evaluate the costs and benefits of installing stormwater management controls. We also encourage the City to continue its recent efforts to identify additional funding sources for infrastructure improvements from its current budget in order to reduce the fee below the proposed rate$0.90 per 500 square feet of impervious surface. This new fee recommendation is higher than what had been previously proposed. As always, we appreciate your careful consideration of this issue and your service to the City of Roanoke. Sincerely, Advance Auto Parts Branch Management Corporation Carilion Clinic Coca-Cola Bottling Consolidated Hall Associates, Inc. Poe& Cronk Real Estate Group Roanoke Regional Airport Commission Steel Dynamics Thalhimer Commercial Real Estate Waldvogel Commercial Properties Williamson Road Area Business Association 210 S.JEFFERSON STREET ROANOKE,VA 24011-1702 (540)983.0700 newa FAX(540)983-0723 ' IC \♦((A1 FAX W W W.ROANOKECHAMBER.ORG 1j Jy ROANOKE REGIONAL Dan Motley, Chairman CHAMBER OF Roanoke Regional Chamber of Commerce COMMERCE CC: Christopher P. Morrill, City Manager 210 S.JEFFERSON STREET ROANOKE.VA 24011-1702 (540)983-0700 fl %V v va FAX(540) 983-0723 business @roan akochamber.arg W W W.ROANOKECHAM BERORG GOOD EVENING. MY NAME IS SUSAN WILLIAMS, AND I AM LOATHE EXECUTIVE DIRECTOR OF THE LOCAL OFFICE ON AGING, OR AS YOU KNOW IT, LOA AREA AGENCY ON AGING, INC. LOA IS A NON- LOCAL OFFICE ON AGING PROFIT 501©3 AGENCY LOCATED AT 706 CAMPBELL AVENUE. I PO Box 14205 706 Campbell Avenue, SW WOULD LIKE YOU TO ACKNOWLEDGE LOA BOARD PRESIDENT, Roanoke, VA 24038-4205 (540) 345-0451 GEORGE CLEMONS. Fax (540) 981-1487 www.loaa.org THE REASON WE ARE HERE TONIGHT IS TO DISCUSS THE CITY'S The Area Agency of Aging Serving Virginia's 5th RATE AND DEFINITION OF IMPERVIOUSNESS. Planning District I CERTIANLY KNOW THAT ALL JURISDICTIONS MUST COME UP WITH Meals on Wheels Diners Clubs A PLAN TO MEET FEDERAL REQUIREMENTS FOR RUN-OFF THAT Care Coordination Transportation AFFECTS WATER TREATMENT FACILITIES. THAT BEING SAID, Health Promotion Ombudsman Homemaker ROANOKE CITY'S PLAN AT A MININIMUM WILL COST LOA $48 A Personal Care Health Insurance Counseling MONTH. WE DON'T HAVE IT. Eostec-Gcaadparent Senior Companion THE LARGEST PORTION OF LOA'S FUNDS ARE FEDERAL,AND WE Program Senior Safety HAVE BEEN HIT HARD WITH THE SEQUESTER. WE HAVE HAD Cooling Assistance Legal Assistance TO REMOVE 61 HOME BOUND ELDERLY PERSONS FROM MEALS ON Caregiver Assistance Information and WHEELS. WE HAVE HAD TO CUT OTHER SERVICES AS WELL. AT AN Referral Volunteer Opportunities LOA News ADDITIONAL $48 A MONTH WE WILL HAVE TO REDUCE SERVICES Speaker's Bureau SOMEWHERE. LOA DOES NOT HAVE THE ABILITY TO RAISE FEES TO PASS ON TO CONSUMERS. WE HAVE NOTHING TO SELL. I ASK YOU TO TAKE THESE ISSUES INTO CONSIDERATION AS YOU CHOOSE BOTH A RATE AND THE DEFINITION OF IMPERVIOUSNESS THAT WILL ADVERSELY AFFECT THE OLDER PERSONS WE SERVE. THANK YOU. United - Wayp "Helping Older Persons Remain Independent for as Long as Possible" u eaw.v i a e okev,u•v Cities of Roanoke,Salem&Covington • Counties of Roanoke,Alleghany, Botetourt&Craig Portner]9enry EQUAL OPPORTUNITY/ EMPLOYER 1 Roanoke City Council Regular Session October 21, 2013, 7:00 p.m. C. Hearing of Citizens upon Public Matters Statement of M. Rupert Cutler On the Proposed Ordinance to Create a Stormwater Utility Good evening, Mayor Bowers, Council members, Mr. Morrill, ladies and gentlemen. I am Rupert Cutler. I live at 204 South Jefferson Street in flood-prone downtown Roanoke. I am here to express my strong support for the proposed stormwater utility ordinance. I urge you to adopt it without delay. There is a clear need for dedicated funding--funding not subject to annual budget competition for resources—to support the City's stormwater management program. It would be a self-supporting "enterprise" program and, in that sense, much like the Western Virginia Water Authority's water supply and wastewater treatment program that is paid for by users of the system. Neighborhood flooding and contaminated runoff to the river are shared community problems, and the City has proposed an equitable fee that asks those with the greatest amount of runoff to pay a proportionate share of the fee. There is a $70 million plus backlog of stormwater capital projects. These projects need to be completed to provide the water quality improvements required in the Upper Roanoke Watershed Implementation Plan under development by Virginia Department of Environmental Quality. Funds also are needed--as they have for a long time--to provide for the maintenance of existing storm drains. 2 Creation and funding of a stormwater utility in Roanoke is an excellent way to further protect the natural environment of the Roanoke Valley, including our drinking water supplies and recreational uses of our waterways for ourselves and our neighbors downstream. Our goals should include the de-listing all "impaired" streams in the Roanoke Valley by 2025 and the repair of eroded and degraded channels by repairing those channels where needed. Roanoke has a lot to be proud of with regard to its environmental track record. This includes steps taken by the City to reduce its energy use—its co-called "carbon footprint"--and thereby reduce the environmental destruction and air pollution caused by the burning of fossil fuels to generate electricity. Wastewater agency representatives from across the country visit and admire the Western Virginia Water Authority's state-of- the-art sewage treatment plant. Coordinated by the Clean Valley Council and assisted by service clubs, including the Kiwanis Club of Roanoke, Roanokers voluntarily participate in pick-up drives to keep trash discarded along the banks of the Roanoke River and its tributaries from reaching the river and contaminating the river and Smith Mountain Lake. Conservation easements held by the Blue Ridge Land Conservancy on private farmland in the region, such as the George and Louise Kegley farm, require vegetative buffers along streams that help filter runoff. Taken together, these actions— some paid for with tax money and water utility fees and some done by private nonprofit groups and volunteers—provide Roanoke and its downstream neighbors with clean air and relatively clean water. 3 However, one more action is needed to complete our set of comprehensive environmental protection programs, and that is the creation and funding of a stormwater utility. In addition to reducing neighborhood flooding, it would catch the toxic contaminants and sediment that reach the Roanoke River now, because we do not have the green roofs, grassed waterways, permeable pavers, underground storage tanks, and other stormwater management infrastructure in place to do that essential job. In other words, we're doing a good job treating stuff that comes down the sewer pipes but not the stuff that washes off our lawns, streets and parking lots. Over the past two decades, our nation has undergone a transformation in our acknowledgment of the impacts that modern human living makes to the environment. Our failure to proactively counteract those impacts jeopardizes the sustainability of the natural resources that we depend on. We must go beyond the old "do no harm" to the environment way of operating and adapt our activities to improve the long term integrity of our life-sustaining natural resources. As a local government, the City of Roanoke will be here for many lifetimes to come. As such, it has an obligation to future generations of Roanoke valley residents to adopt a proactive stormwater management program to improve how we impact the water quality of the Roanoke River watershed. This would be true even if the City wasn't required to do so by higher levels of government. I could cite legal requirements handed down by the federal and state governments and the prospect of stiff fines by the USEPA and the Virginia DEQ if the City does not comply with them as reasons to act now. But I prefer to cite two earlier sources of policy direction. One is the riparian doctrine of water law and the other is the 4 Golden Rule. Under the riparian doctrine, long used in the Eastern United States, an owner of land that abuts a river—the riparian owner—is entitled to enjoy the natural condition of a watercourse undiminished in quantity or quality by other (upstream) riparian owners. Under this doctrine, owners of property downstream of Roanoke are entitled to Roanoke River water undiminished by Roanoke in quality. And the golden rule, as we all know, is "You shall love your neighbor as yourself." It is also stated as "Try to treat others as you would want them to treat you." I think that precept applies to our treatment of our downstream neighbors and would be enhanced with the creation of a stormwater utility in Roanoke. Thank you. October 21, 2013 Roanoke City Stormwater Plans I am here tonight representing Friends of the Roanoke River, a local river group that has been involved with many Roanoke River issues. These would include: • Providing Minimum Flows in the Roanoke River • Protection of the Roanoke Logperch,an endangered species • Spring Hollow Reservoir • The Roanoke River Flood Reduction Project • Removal of the Wasena Park sewerline dam • Sediment& Erosion control problems along the river • River cleanups for many years • River access improvements • Carilion development in the Roanoke River floodplain I am here to support the general effort to develop solutions to our stormwater problems. Specifically, Friends of the Roanoke supports the development of an adequate, reasonable and fair utility fee. We are especially concerned with the process used to develop the utility fee for the city. The approach chosen by city council and the city manager has been one that does not utilize a citizens advisory committee and a more transparent approach to the discussion about the program. Such a program is being used today in Roanoke County. We also suggest that even though the city plan may differ from the county plan, we would suggest that the Western Virginia Water Authority could still be used to bill out the utility fee. Finally, we encourage Roanoke City to support the creation of a watershed commission, much like the Greenway Commission,that would provide a long-term forum for all watershed issues, including stormwater, water quality, water quantity,flooding, sediment problems and floodplain development. The development of such a commission would develop forward-looking ideas for the health and welfare and economic development of the Roanoke River in the valley. Thank you for your attention to the issue of stormwater. Solutions are sorely needed and the matter has gone unaddressed for decades. Ro City Stormwater Plans 10-20-13 8.a . Comments For Storm Utility Fee Hearing 164 014 Ron McCorkle to Stephanie Moon 10/21/2013 12:35 PM Please respond to ron Stephanie, Will you please include this in the comments for the storm utility fee hearing? Thank you. Follows»»»» It may be "Starbucks money", and the big money will come from the shopping malls, airport and the big pavers. I would like to see MUCH more incentive for home owners to mitigate their individual run off areas. Simple rain barrels could solve much of our run off issues. Yes, $7 a month could be Starbucks money, but why not change the way we look at things, rather than equating our environment to a cup of coffee? I say, if you can collect and disperse your roof water into your yard, NO FEE FOR YOU! The way the code is written, you would need a "certified landscape architect" to apply for a credit for your rain barrel. That should be changed, at least to allow the city to provide plans on how to do it yourself and allow that design to qualify a home owner for a full dismissal of the fee. The city should be providing rain barrels to people AND removing their utility fee. Those big parking lots have lots of revenue per owner, but the majority of impervious surface is in our neighborhoods and we can easily educate and mitigate much of that run off. I would like to discuss this more with the city personnel working on this proposal. COMMITTEE VACANCIES/REAPPOINTMENTS October 21, 2013 VACANCIES: Unexpired term of Barry Baird as a member of the Building and Fire Code Board of Appeals ending June 30, 2015. Unexpired term of Valerie N. Hale as a member of the Fair Housing Board ending March 31 , 2016. Unexpired term of The Reverend Amy Ziglar as a member of the Human Services Advisory Board ending November 30, 2014. Unexpired term of office of Christopher Pohlad-Thomas as a member of the Parks and Recreation Advisory Board ending March 31, 2014. Three-year term of office of Braxton Naff as a member of the Roanoke Neighborhood Advocates ending June 30, 2016. Three-year terms of office of J. A. Robertson (Tower) and Timothy P. Meadows (Tower) as members of the Towing Advisory Board ending October 31, 2013. Four-year term of office of Alison S. Blanton (knowledge in historic preservation)as a member of the Architectural Review Board ending October 1, 2013. �ro i ROANOKE CITY COUNCIL RECESSED SESSION (CITY COUNCIL STRATEGIC PLANNING RETREAT) OCTOBER 25, 2013 8:30 A.M. ROANOKE HIGHER EDUCATION CENTER 108 N. JEFFERSON STREET, S.W. AGENDA 1. Call to Order— Roll Call - All Present 2. Welcome and Comments — Mayor David A. Bowers 3. Work Session Purpose — Christopher P. Morrill, City Manager • Priority Performance Indicator Results • FY 2015 Services and Programs • 5 Year Financial Plan • FY 2015 Priority Affirmation • Vision Statement • FY 2015 Budget Development o Strategic Issues o Capital Planning o Compensation/Affordable Care Act o Citizen Engagement o Timeline/Milestones 1 4. Wrap-Up 5. Items from Mayor and Members of Council — NONE. 6. Adjournment— 12:48 p.m. 2 City Council Strategic Planning Retreat Friday, October 25, 2013 Roanoke Higher Education Center 8:30 a.m.-2:00 p.m. Agenda 8:30-8:45 Call to Order/Comments 8:45-9:00 What We Hope to Accomplish 9:00-10:00 Priority Performance Indicator Results 10:00-10:15 Break 10:15-10:45 FY 2015 Services and Programs 10:45-11:15 5 Year Financial Plan 11:15-11:30 FY 2015 Priority Affirmation 11:30-12:00 Vision Statement 12:00-12:30 Lunch 12:30-1:15 FY 2015 Budget Development -Strategic Issues -Capital Planning -Compensation/Affordable Care Act -Citizen Engagement -Timeline/Milestones 1:15-1:30 Wrap-Up 2 • 1 We hope to accomplish . . . . • Priority Performance Indicator Results • 5 Year Financial Plan • FY 2015 Priority Affirmation • Vision Statement • FY 2015 Planning — Strategic Issues — Capital Planning — Compensation/Affordable Care Act — Citizen Engagement — Timeline/Milestones • FY 2014 Strategic Issues • Next Steps 3 transparency C7 engagement 0 performance 0 accountability trust 4 2 FY 2015 Budget Development • Strategic Planning Retreat — October 25: Performance Indicator Results, 5 Year Financial Plan, FY 2015 Planning, FY 2014 Strategic Issues • Council Briefings: — January 6:Local Tax Projection, Non-Discretionary Cost Increases, Retirement, 5 Year Financial Plan — February 3:Price of Government, Allocation to Priorities, Offers by Priority, Capital Planning — March 3:Ranked Offers by Priority, Capital Planning - April 7: Balancing Strategies, Revenue Adjustments/Enhancements, Capital Planning, Cash Funding for One-Time Expenses — April 21: Presentation of FY 2015 Recommended Budget — May 5: Budget Study Process Questions or Concerns? 5 Priority Performance Indicator Results 6 • 3 Economy Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community. •Job Growth •Jo b Opportunity 'strategic Programming Awareness mpss •Retain SAttract People Human Vibrant Places Capital Asset P' •university Collaboration -Higher WageJobs Investment Development •Responsive Business Asset Gouemment Processes -Information Accessibility Development Promotion •Regional Partnering -Brand ewa e Effective Marit eting•Premiere Business EnWronment -Trusted Leadership •Increased Attractions 8 I"ae"toes •Confident B Consistent Tourism .Tae ease Direction -Nei Job G rode *Average Wage I Commercial s Industrial Red Eolaie Market 7 •Market&Breed Awareness Economy • Annual Tax Base —Assessed Value of Real Estate Property —Sales Tax Receipts —Business/Professional/Occupational Licenses (BPOL) —Prepared Food and Beverage Tax —Transient Occupancy Tax 8 4 Assessed Value of Real Property Decreased ($69,603,440) or (1 .0%) Billions $6.82 di $6.80 $6.80 $6.80 pr ..,.„_.; $6.78 0. $6.76 $6.74 0. _ $6.72 . - _ $6.70 p ...', _.._.- .. $6.68 FY 2011 FY 2012 FY 2013 9 Sales Tax Receipts Increased $290,125 or 1 .5% Millions $19.60 •,.s $19.40 $19.20$19.00 $18.80 Ina $18.60 r $18.40 ■ $18.20 . _ $18.00 Pr FY 2011 FY 2012 FY 2013 i0 5 Business/Professional/ Occupational Licenses (BPOL) Increased $339,056 or 2.7% Millions $12.55 $12.60 $12.40 $12.21 $12.20 $12.00 0 $11.78 iIt 1.80 1.60 I 1.2 0 40 FY2011 FY2012 FY2013 11 Prepared Food and Beverage Tax Increased $577,491 or 4.7% Millions $12 87 $13.00 $12.50 $12.30 $12.00 $11.45 $11.50 $11.00 $10.50 FY 2011 FY 2012 FY 2013 Note: Excludes 2% Prepared Food Tax dedicated to Roanoke City Public Schools 12 6 Transient Occupancy Tax Increased $223,284 or 7.4% Millions $3.25 $3.20 $3.15 $3.10 $3.05 0 $2.98 $3.00 $2.95 MIWaiaMil $2.90 ONE $2.85 /N $2.80 0. $2.75 FY 2011 FY 2012 FY 2013 Note:Excludes 1%increase in the Transient Occupancy Tax beginning Jan.1,2013 13 Economy (continued) • Marketing& Brand Awareness • Roanoke was named Second Place in the Digital Cities Survey (75,000- 125,000 population class). The city has been recognized in the top 10 for 13 straight years. • Roanoke's Department of Public Works won the 2012 Safe and Sustainable Snow-fighting Award from the Salt Institute for excellence in environmental consciousness and effective management in the storage of winter road salt. • The National Complete Streets Coalition—an official program of Smart Growth America—recognized the City of Roanoke's Complete Street Policy as one of the nation's leading examples of safe, smart transportation policy according to its recent nationwide analysis. • Harvard's Ash Center for Democratic Governance and Innovation recognized the City of Roanoke's initiative— to apply Quick Response (QR) codes to permit placards for new building activity—as one of 111 innovative government initiatives for its 2012 Bright Ideas in Government cohort. 14 7 • Education Foster an environment for lifelong learning which encompasses cradle to career and beyond through shared services and community involvement. Early a Successful students Learning/ Suppon of Femilies&community _hoof Readiness K-12 Educational value&support learning Programs Children ready for schooling/formal teaming •Families&community value&support leaminq Productive&educated Adult citizenry Learning •A skilled workforce indicators: '.. -Lifelong teaming •ProromaialAwareress Lnerecy Screenings(PALS) .. opportunities scores •Scdoolc meetSalst federal srzmards(Accradaertna •Families&communit), An) value&support teaming .credoemc rates 15 .AdwtImmo opporlunities Education • Percent of children who meet PALS benchmarks • Graduation Rate • Participants involved in programs that support post-secondary education • Participants in Adult Learning Programs 16 8 Percent of children who meet PALS benchmarks increased by 9.5% 92.0% 90.0% MI 88.0%0 ■ 86.0%'_ rill 84.0%/ 81.8% 82.0% r — . 80.1% III 80.0%�1 S 78.0%', 4� ■ 76.0%', -r- -' S 74.0% Fall 2010 to Fall 2011 to Fall 2012 to Spring 2011 Spring 2012 Spring 2013 17 Graduation Rates increased by 3.9% 90% 75.7% 76 5% 80.4% 80% liii :II1'iH 11 M 2009 2010 2011 2012 2013 18 9 Participants involved in programs that support post-secondary education City students participating in CCAP Program 70 0 • ■50 4 IN.Siira 4,477,A. 20 um s r 10 '153404.1.; t*I-ati7a 0 FY 2012 FY 2013 19 Participants involved in programs that support post-secondary education City residents taking courses through the Roanoke Higher Education Center increased by 0.7% 572 i 572 571�j 570/ 569— 566 �* 567 566 FY 2012 FY 2013 20 10 Participants in Adult Learning Programs Increased by 36.8% 7,000 0 6,719 6,000 0 4,913 4,' 5,000 0 sn; 4,000 0 3,048 TL 3,000 's 2,000 1,000 0 FY2011 FY2012 FY2013 21 Good Government Provide effective government which maximizes resources to ensure open, responsive, and innovative service to the community. High Efficient& Performing Effective -Effectively Managed Resources Employees Operations -Excellent Customer Compliance Sernce I i •Streamlined Processes •Engaged&Innovative accessible -High Morale -Best Practices -Highly Competent,Well- Trained Staff J/eEffective Responsible le Leadership Financial -Accurate Accounting •Broad Vision management -Transparency •Approachable& -Efficient Fiscal Accessible Indicators Operations •Inspinng -customer sao:r.non surrey Results •Effective Fiscal Planning •Results Oriented •Ptste'ei°"a RecooMlwratAVrems &Budgeting -Employee Retention/Recruitment •firnrcial Performance use omaire services 22 ..L°celmeeiereic°Imbermsn •Evterrdll Marna]Audit Reports 11 Infrastructure Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities. a -Functional— J Transportation Environment Planning/Design -Clean Air,Land and V -Safe and Well Maintained •MUltimodal ality •St•SUStein ewarship bi •Regionalism •Regionalism Technology, Neighborhood Buildings and -Safe and Well Improvementt Equipment •ACCeaaroony(Pmmmty/ Maintained Maintenane) •Attractive Streetscape _ _ _ •eliabie/A/Accessible) Plan Implementation Indicators: '. Reliable/Accessible) •Adequate Storm Water •Meeting RegubtIonSLecial Mandates •Enduring(High Quality) Systems Citizen Survey Results •Sustainability Collaboration& •EnvimrvreMal Trends — Communication •P,oanmaly evaluate end reintain infrastructure 35 Infrastructure • Improve environment for future generations • Maintained/increased planned funding in 5-Year Capital Improvement Program for storm water, curb, gutter and sidewalks, bridges 36 18 Improve environment for future generations • City team graduated from Virginia Tech's Environmental and Sustainability Management system institute • LED traffic signal replacements: reduced kWh by 79% • Obtained rating of VEEP E3 from Department of Environmental Quality for the Public Works Service Center • Designated as Bicycle-Friendly Community • 8.8% reduction in community greenhouse gas emissions • 15.4% reduction in municipal greenhouse gas emissions 37 Maintained/increased planned funding in 5- Year Capital Improvement Program Millions $25 $21.75 $20 I $19.25 D Storm Water $15 •Curb,gutter and $10 $7.53 $5.60 re sidewalks $5.60 $4.2 •Bridges Ile , , I 1 FY 2012- FY 2013- FY 2014- 2016 2017 2018 38 19 Livability Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, work and play. •Safe,clean and •COmmunityinwlvement attractively maintained Valued, a community •Active neighborhoods Engaged & Attractive -Home ownership -Public-private Informed Community--- -Zoning.land use and partnerships Community cCodes ompa compliantible desi cgn and e 'Personal enrichment • -Effective communication well-maintained thw diverse media structures ' •Diverse offering of cultural events and exhibits Quality -Safe,accessible. Accessibility� fric friendly pedestrian -Recreational Amenities y P opportunities (dentlly •Vibrant neighborhoods 'Public transportation and healthy business _._._. _... -Regional connectivity districts indicators .•Community and Heyhoomooa Desirability -Convenience of public -Maintain natural services environment and unique 'Community Engagement _ assets ',Community Satisfaction -Participation in Community Ac tivities, 39 Events and EMHats Livability • Code Violations • Number of individuals participating in the Municipal Volunteer Program • Number of individuals utilizing recreational and cultural programs and facilities • Percentage of home ownership • Parks & Recreation accreditation ao 20 Code Violations decreased 28% 8,000 / 7,237 7,717 7,000 / 5.553 6,000 5,000 4,000 0 3,000 < F a - _ 2,000 0 _k _ 1,000 / _ 0 FY 2011 FY 2012 FY 2013 41 Number of individuals participating in the Municipal Volunteer Program increased 2.1 % 2,500 `' ■ 2,031 2,000 ._ ■ 1,500 ■ 1,000 , ■ 500 I'__ -, ■ FY 2011 FY 2012 FY 2013 42 21 Number of individuals utilizing recreational and cultural programs and facilities 200,000 Sil 180,000 ■ 160,000 140,220 • 140,000 et ■ 9 Library programs 120,000 MI ■ 100,000 - ■ 80,000 - ■ •Parks& Recreation facilities a �� : programs and 20,000 111' III FY2011 FY2012 FY2013 43 Percentage of Home Ownership decreases by 2.5% 60.0% 59.0% 58.0% 57.5% 57.0% 56.0% 54.8% 55.0% 55.0% =` 54.0% 53.0% 52.0% 51.0% 50.0% 2010 Census 2011 Census 2012 Census 44 22 Accreditation Achievement Parks & Recreation attained re-accreditation 45 Safety Assure community safety needs are met and promote a safe and desirable region. •Strategic planning •Reasonable response •Social safety hborhoods& ms times in neighborhoods& Prevention Responsiveness commercial areas •OfFentlereccountabiity •Hazard mitigation -Proactive risk through design, assessment&resolution technology,and infrastructure -Compliance with national regulations& Quality standards Standards Communication waning-Effective emergency wamingsystem •implementation of 11110 -Knowledgeable staff environmentally sustainable practices • Community awareness, -Community involvement .accremmtion education,interaction in strategic planning • •I mutants services Off ice(ISO elies •Penormance standards .0 uslomar sums Vs 'crime,sates 46 •Value or properly IOW rem crime.ire.and other •Recprel collaboration 23 Safety • Crime Rates • Value of property lost from crime, fire and other events • Accreditation achievement 47 Crime Rates decreased 26.4% from peak year (Incident Based Reporting Part I crimes per 1,000 •o•ulation 75.22 80 0 70 60 rill ■ 50 ■ 40 ■ ■_ 30 20 0. 10 ■` ■ 0 CY 2005 CY 2012 48 24 Value of property lost from crime, fire and other events Millions 12 10 ■ $ ■ ❑Fire Loss 6 $3.9 $3.5 •Crime Loss 4 ' r n 2 ' ■ MI I 0 FY 2011 FY 2012 FY 2013 49 Accreditation Achievement • Police • Fire • E-911 • Jail • Building Inspections 50 25 Break 51 FY 2014 Services and Programs 911 Emergency Call Center Emergency Medical Services and Rescue Police Service Fire Protection Services Weekly Trash Collection Removal of Snow and Ice from City Streets Public Library Services and Programs Street Lighting Street Paving, Maintenance and Repair Valley Metro Bus Transportation Services Bi-Weekly pick-up of large trash items and brush Efforts of the City to improve the quality of housing in the City Recycling Transportation planning for traffic Animal Control 52 26 FY 2014 Services and Programs (continued) City government support of neighborhood organizations Citizens getting information about City services and activities Code enforcement services The current level of bagged leaf collection service The quality of the City's sidewalks The condition of the City's parks, trails, and recreation facilities The quality of the City's recreation programs The City's efforts to promote environmental awareness to citizens Mowing and maintenance of City parks The maintenance of trees along City streets and within parks Mowing of rights of way, street medians, and roadsides The quality of Roanoke's athletic fields The City's marketing of its parks and recreation programs and services The quality of events offered by the Civic Center 53 FY 2015 Services and Programs Service and Program Adjustments? 54 27 5 Year Financial Plan • Strategic Planning Tool • Advance discussion of revenue and expenditure issues • Identifies a possible fiscal gap to be closed each year during budget development 55 Example 5 Year Financial Chart $300,000,000 $290,000,000 $280,000,000 $270,000,000 Revenue Expense $260,000,000 $250,000,000 $240,000,000 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 56 28 The 5 Year Financial Plan Development Process • Inputs: — Determine assumptions on revenue growth and expenditure growth — Manual exceptions — External influences and opportunities — Debt assumptions — Capital goals • Output: — Framework for discussion and use as a planning tool • Discussion 57 Timeframe • FY 2015 budget development • 5 Year Financial Plan Workshop — January 6th • April 7th Briefing • Inclusion in the FY 2015 budget document 58 29 Lunch 59 City of Roanoke Priorities Cultivate a thriving business Assure community safety needs a environment irotmnt ana innovative and promote a safe and desirable workforce opportunities to ensure region. Safety ]Econom the prosperity Maur community. Enhance aoareiya Livability _.-_. Education EnanienRoanke's Y Foster an environment for attractive,diverse,culturally lifelong learning which inclusive,vibrant and active clty ercclryasaea cradle to in vdvch to live,work and pbY• career and beyond through shared services and community involvement. G Infrastructure Governmen erovideeaedbegovemmeul Maintain and that wary tto ensure�an:ope resources Infrastructure that supports to een open, heanhy residential // \ responsive,and innovative neighborhoods,successful Human service service to the community. areas,and accessible public facilities Services and amenities. Foster a caring community that utillmse regional and encourages approach ciency urages sag-so ciency while providing a social safety edo citizens when 60 they are most vulnerable. 30 Proposed Vision Statement The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, grow, work, and play. 61 FY 2015 Strategic Issues • Capital Improvement Program • Commonwealth of Virginia-revenue impacts • Employee Compensation - 5% behind the local market in FY13 • FY 2015 Health Insurance costs(reform) — Potential impact of+$1.5 million in budgeted cost — Employer share of insurance for employees currently not insured by any carrier • Operating Capital-Fleet Replacement,Technology, Capital Building Maintenance, Street Paving • Regionalism • Stormwater — 3 Year Phase-In • Aging Population • Other Strategic Issues? 62 31 Capital Improvement Program 1 1 Roanoke City Pubic Schools $5,000,000 $5,000,000 $8.500,000 $5,000,000 $6,000,000 $28500,000 Bridge Renowllon 1,800.000 3100,000 5550,000 6100,000 3.100.000 $21250.000 LbraryMastar Plan 2500100 2,600,000 3.140,000 3500,000 2240,000 $13,780.000 PSR Master Plan 1.000.000 1500,000 1.000.000 2.500.000 2.500.000 $8,000,000 Civic Cantor 1500,000 1,000,000 1500,000 1,000,000 1.000,000 $5100.000 Sloan eter Managamers 1,120.000 1,120,000 1,120,000 1,120,000 1,120.000 11100.000 Elmwood Palk hlprowmerls 2.800,000 - - - • $2,00.000 Cub,agar and Sidewalk Program 750,000 1000.000 1,000.000 1000,000 1,000,000 $4,750,000 Street Scapes 500.000 600.000 500100 $1,500,000 Pb.Faclly Master Pan - 750.000 - - - $750.000 Rail Passenger khastnxkra 600,000 3.000,000 2.500,000 - - $6,100,000 Roanoke Police Academy Expansion 250.000 - - - - $250,000 Broadband 1,000,000 1,000,000 • - - $2100.000 Total $18,620,000 $20270.000 $24.110.000 $20520.000 $16,460,000 $100280,000 63 Capital Improvement Projects Discussed But Not Included • Fire Facility Improvements - $16M • Roanoke City Public Schools - $3.5M • Civic Center - $2.5M • Parks & Recreation Master Plan - $1 .5M • Streetscapes - $1 .0M • Passenger Rail Station 64 32 Federal & State Funding Opportunities • State revenues increasing overall — Transportation bill - new revenues, over time • Little impact on street maintenance funding • Some transit operating funding • Funding for passenger rail — HB 599 funding should increase • Federal Marketplace Fairness Act — Sales tax from online transactions 65 Federal & State Funding Concerns • Two important local taxes at risk of elimination: — Business and Professional Occupational License Tax (BPOL) • FY13 revenue$13M; 5% General Fund • Virginia First Cities Study: — 63% businesses pay<$100 BPOL(Roanoke 72%<$50) — 2% businesses pay 53%BPOL(Roanoke 2%pay 52%) — Average per license$1,750(Roanoke$1,400) — Machinery & Tools Tax • Component of Personal Property Tax • FY13 revenues$3M; 1% General Fund • Significant to some VA communities 66 33 Operating Capital Target FY 2014 FY 2013 FY 2012 FY 2011 FY 2010 FY 2009 Budgeted Budgeted Budgeted Budgeted Budgeted Budgeted Expense Expense Expense Expense Expense Expense Vehicle Replacement $3,000,000 $1,613,250 $1,813,250 $1,813,250 $1,718,500 $2,872,197 $2,890,244 Technology 1,500,000 600,000 550,000 550,000 731,356 700,556 832,356 Capital Building 1,000,000 535,724 550,724 415,735 475,218 873,334 873,334 Maintenance Street Paving 5,900,000 3.360,728 3,279,728 2,876,728 2,682,111 3,082,111 3,082.111 67 Employee Compensation • Pay Raise History: - FY 2014:3%(includes 1% RHSA) - FY 2013:3% - FY 2012:0% - FY 2011:0% - FY 2010:0% - FY 2009:2% • Stipend: - FY 2011:$1000/employee paid in June 2011 - FY 2012:$1000/employee paid in November 2011 • 193 positions eliminated since FY 2007 • Average pay is 5% behind the local market(FY 2014 planning figure) • Cost of 1% pay increase = $760,000 (FY 2014 planning figure) • Retirement - FY 2015: Employees contribute 5%to retirement 68 34 Affordable Care Act • Affordable Healthcare Act — Medical Insurance coverage for Part-Time Employees • Effective January 1, 2014 — Headcount Tax • $3 for each covered individual — Reinsurance Program • $63 per covered individual per year • Effective January 1, 2014 • Effective for 3 calendar years(FY 2014, 2015, 2016, 2017) — Medical insurance coverage for employees currently not participating in City health plan • Effective January 1,2014 69 Citizen Engagement • Prior Citizen Engagement Methods: — Public Hearings — Public Meetings • City Hall Without Walls — Focus Group — Survey/Blog — Citizen Budget Engagement Team — Budget Academy • FY 2014-2015 Approach — RNA — Leadership College 70 35 FY 2015 Budget Development Timeline • Council Briefings: — January 6: Local Tax Projection, Non-Discretionary Cost Increases, 5 Year Financial Plan — February 3: Price of Government, Offers by Priority, Capital Planning — March 3: Offer Status Update, Capital Planning — April 7: Balancing Strategies, Revenue Adjustments/ Enhancements, Capital Planning, Cash Funding for One-Time Expenses — May 5: Budget Study 71 FY 2015 Budget Development Milestones • April 21 — Presentation of FY 2015 Recommended Budget • April 24 — Budget Public Hearing • May 12 — FY 2015 Budget Adoption 72 36 Wrap-Up • Accomplishments for the day • Follow-Up Commitments 1 73 APPENDIX 74 1 Trend Indicators • Presented in February, 2011 • Factors affecting financial condition of a locality • Monitor changes over a period of time • Update on 6 of the indicators 75 Trend Indicators • Revenues per capita • Tax revenue • Revenue shortfalls or surpluses • Local tax revenue • Expenditures per capita • Expenditure Surplus • Fund Balance 't 76 2 Revenues Per Capita Total revenue divided by population $4,000 $3,000 2.664 2,757 2,654 2s81 2,501 2,766 2,629 2,659 $2,000 $1,000 $0 *A 44 rt. rt���{�������� ry�^ ��^ rt. Warning Trend: Decreasing revenues per capita 77 Tax Revenues CO $140 115 o $120 $100 103 ' c 107 111 109 106 107 104 $80 - -Current $60 Dollars $40 — Constant $20 Dollars $0 ! I Warning Trend: Decline in tax revenues 78 3 Revenue Shortfalls or Surpluses Actual revenue divided by revenue budget 3.00% 1.8 2.00% 1.4 1.00% 0 03 0.00% .07) (1.2) (0.1) ( •�. -1.00% (0.21) -2.00% .5) -3.00% ■ FY FY FY FY FY FY FY FY 2006 2007 2008 2009 2010 2011 2012 2013 Warning Trend: Increase in revenue shortfalls or surpluses as a percentage of actual revenue 79 Local Tax Revenue Shortfall or Surplus Actual revenue divided by revenue budget 120.00% 107.8 107.5 103.5 110.00% 102.3 100.0 102.0 104.4 ,03.4 -4-General 100.00% Property 101.4 102.4 102.5 102.2 Tax 101.6 90.00% 95.3 95.8 84.7 Ta Sales 80.00% � 1 ryoo� ryoo ft, ryoo�1 ryo^ �1 ryo^� ryo^ rk 1 80 4 Expenditures per Capita Operating expenditures divided by population $3,500 2 777 2,743 2,658 $3,000 2,692 2,804 2,634 2571 2,477 $2,500 �—2.467 2,525 2,334 ��- $2,000 - 2,278 ' 2,150 -4-Constant Dollars -Current $1,500 Dollars $1,000 $500 $0 I I Warning Trend: Increasing operating expenditures per capita. 81 Expenditure Surplus Actual expenditures divided expenditure budget 4.00% 3.00% /64. 2.00% 1.00 0.65 044 1.00% ,34 0.24 0.67 0.00% l I l l I l FY FY FY FY FY FY FY FY 2006 2007 2008 2009 2010 2011 2012 2013 Warning Trend: Increase in expenditure deficit or surplus as a percentage of expenditure budget. 82 5 General Fund Unassigned Fund Balance $30 25.0 25.5 746 26.6 o $25 23.3 22.1 21 p 22.4 — - $20 $15 $10 $5 $0 1 1 1 1 I 1 1 - FY FY FY FY FY FY FY FY 2006 2007 2008 2009 2010 2011 2012 2013 Warning Trend: Declining fund balance 83 6