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HomeMy WebLinkAboutCouncil Actions 05-19-14 FERRIS 39939-051914 ROANOKE CITY COUNCIL REGULAR SESSION MAY 19, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Bestpitch and Vice-Mayor Rosen were absent. The Invocation was delivered by The Reverend Amy C. Ziglar, Pastor, Mt. Zion AME Church. Moment of Silence in Memory of Anthony Reed,former Chairman of the Roanoke Democratic Party and local community activist who passed away on May 17, 2014. 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, May 22 at 7:00 p.m., and Saturday, May 24 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. 2 THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION — ONE VACANCY (THREE-YEAR TERM OF OFFICE ENDING JUNE 30, 2017) ROANOKE NEIGHBORHOOD ADVOCATES — FOUR VACANCIES (TWO UNEXPIRED TERMS ENDING JUNE 30, 2015; ONE UNEXPIRED TERM ENDING JUNE 30, 2016; AND ONE THREE-YEAR TERM OF OFFICE ENDING JUNE 30, 2017) VIRGINIA WESTERN COMMUNITY COLLEGE BOARD - ONE VACANCY FOUR-YEAR TERM OF OFFICE ENDING JUNE 30, 2017 (REQUIRED CRITERIA) THE COUNCIL IS CURRENTLY ACCEPTING APPLICATIONS FOR MEMBERSHIP ON THE MILL MOUNTAIN ADVISORY BOARD. TERMS OF OFFICE WILL CONSIST OF 3-ONE, 3-TWO, 3-THREE, COMMENCING JULY 1, 2014. APPLICATION FOR APPOINTMENT IS AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE. FOR QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE CONTACT THE CITY CLERK'S OFFICE AT 853-2541. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Mayor Bowers recognized Jennifer Mitchell, Director, Department of Rail and Public Transportation, who was in town for public hearings on the Department's Six Year Transportation Plan and to visit the proposed site for the passenger rail station. 3 Presentation by Whitney Feldmann, Vice-President, Roanoke Valley Preservation Foundation. National Preservation Month celebrations to include a History Ride and Marker Unveiling on the Roanoke greenway at the American Viscose Corporation Marker (Mile Marker 25.5 on the Roanoke River Greenway near the 9th Street Bridge) on May 31 at 10:30 a.m., and a dinner lecture on Road Side Architecture will be held on June 20 at 6:00 p.m., at Carlin's Amoco Station, 1721 Williamson Road, N. E., which will feature Robin Williams, Architectural History Chair, Savannah College of Art and Design. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Robert Gravely and William Drewery appeared before the Council. 4. CONSENT AGENDA (APPROVED 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. . C-1 A communication from the Acting Director of Finance requesting that Council schedule a public hearing for Monday, June 16, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of general obligation public improvement bonds not to exceed $23 million for qualifying capital improvement projects. RECOMMENDED ACTION: Concurred in the request. 4 C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, June 16, 2014 at 7:00 p.m., or as soon thereafter as the matter may be heard, for the leasing of approximately 5,709 square feet of space, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S. W. to the United States Postal Service for the operation of a Downtown Branch Post Office. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Clerk advising of the resignation of Ann Shawver as a member of the Roanoke Valley Juvenile Detention Center Commission, effective May 15, 2014. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-4 A communication from the City Clerk advising of the resignations of Asia Smith and Phillip Clements as a members of the Roanoke Neighborhood Advocates. RECOMMENDED ACTION: Accepted the resignations and received and filed the communication. C-5 A communication from the City Registrar, transmitting an Abstract of Votes cast in the 2014 May General Election held in the City of Roanoke on Tuesday, May 6, 2014. RECOMMENDED ACTION: Received and filed. C-6 Reports of qualification of the Honorable William D. Bestpitch as the City's Elected Official representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee fora three-year term of office ending March 31, 2017; and John P. Bradshaw, Jr., as a City representative of the Western Virginia Water Authority Board of Directors for a four- year term of office ending June 30, 2018. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 5 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Reduction of funds for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs for award period February 1, 2013 to June 30, 2014. Adopted Resolution No. 39939-051914 (5-0). 2. Acceptance and appropriation of funds in connection with the renewal of the Roanoke Homeless Assistance Team (HAT) Grant from the Blue Ridge Continuum of Care (CoC). Adopted Resolution No. 39940-051914 and Budget Ordinance No. 39941-051914 (5-0). 3. Acceptance and appropriation of funds to provide nutritional needs for children and youth during the summer months through a Parks and Recreation supervised Summer Nutritional Program from the Virginia Department of Health. Adopted Resolution No. 39942-051914 and Budget Ordinance No. 39943-051914 (5-0). 4. Acceptance and appropriation of funds in connection with a Public Safety Answering Points (PSAP) grant from the Virginia E-911 Services Board to purchase equipment or services to support the continuity and enhancement of wireless E-911 across the Commonwealth. Adopted Resolution No. 39944-051914 and Budget Ordinance No. 39945-051914 (5-0). 5. Acceptance and appropriation of funds from the Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition to maintain existing services for Temporary Assistance to Needy Families (TANF) population. Adopted Resolution No. 39946-051914 and Budget Ordinance No. 39947-051914 (5-0). 6 6. Appropriation of funds in connection with jail inmate phone commissions; and execution of Amendment No. 3 to the City's contract with CONMED, INC. Adopted Resolution No. 39948-051914 and Budget Ordinance No. 39949-051914(5-0). (ALTHOUGH THE BUDGET ORDINANCE WAS READ INTO THE RECORD FIRST, THE MEASURES WERE INADVERTENTLY SWITCHED AND NUMBERED INCORRECTLY.) 7. Execution of additional amendments to a contract with Crouch Engineering, P.C., for engineering design services for Norfolk Avenue and culvert improvements associated with the Norfolk Southern passenger rail platform. Adopted Resolution No. 39950-051914 (5-0). COMMENTS BY ASSISTANT CITY MANAGER FOR OPERATIONS. The Assistant City Manager for Operations offered the following comments: Neighborhood Month • Neighborhood Month celebrations will wrap up with the Melrose-Rugby 25th Anniversary Kick-off Celebration Block Party on Saturday, May 31. • The event will be held at 17th Street N. W., between Orange Avenue and Melrose Avenue N. W., beside the Melrose Rugby Community Center, from 10:00 a.m. to 3:00 p.m. Festival in the Park • The Festival in the Park event is scheduled for this weekend, May 23-25, in Elmwood Park. • This event always brings large crowds to our downtown to enjoy musical performers and art, as well as local food. • The AEP 5K and 10K Run/Walk/Wheelchair Race also will be part of this year's activities. Community Walk • The Police Department will conduct a Community Walk in the Belmont Neighborhood on May 29, from 6:00 p.m. to 7:00 p.m. • The department conducts these walks to bring City officials and neighborhood leaders together to identify and address concerns in City neighborhoods. • Residents and neighborhood watch groups are invited to join the walks so they can talk to Police officers about criminal activity and point out to other City staff members what they consider to be neighborhood eyesores. 7 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational grant programs; and a report of the Acting Director of Finance recommending that Council concur in the request. Kathleen Jackson, Budget and Reporting Analyst, Spokesperson. Adopted Budget Ordinance No. 39951-051914 (5-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. OTHER BUSINESS: a. Petition for Appeal filed by Joyce Epperly, appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W. Postponed until the June 2, 2014 Council meeting at 2:00 p.m. 13. RECESS - 2:51 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS AND WILL RECONVENE AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 8 ROANOKE CITY COUNCIL REGULAR SESSION MAY 19, 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Bestpitch and Vice-Mayor Rosen were absent. 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 Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 22 at 7:00 p.m., and Saturday, May 24 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 9 A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the James Breckinridge Middle School Builders Club. Mayor Bowers advised that the recognition will be held at a future Council meeting. Recognition of Team Cupcake who won a NASA/U.S. Department of Education 21St CCLC STEM Challenge (Radiation Shielding). Due to unforeseen circumstances, the Mayor advised that recognition of the Stonewall Jackson Middle School's Team Cupcake, who won a NASA/U.S. Department of Education 21st CCLC STEM Challenge (Radiation Shielding), will be held at a future Council meeting. A resolution recognizing the William Fleming High School Girls Varsity Basketball Team. Adopted Resolution No. 39952-051914 (5-0). The Mayor presented a ceremonial copy to Head Coach Ronald "Champ" Hubbard and the William Fleming High School Girls Varsity Basketball Team. Recognition of Leadership College Graduates. Mayor Bowers presented participants with a certificate. B. PUBLIC HEARINGS: 1. Request of Community Youth Program at St. John's, Inc. (CYP), for exemption on certain personal property located at One Mountain Avenue, S. W. LeeAnn Reich, Executive Director, Spokesperson. Adopted Ordinance No. 39953-051914 (5-0). 2. Request of Virginia Department of Transportation (VDOT) to permanently vacate, discontinue and close a dead end portion of existing Oakland Boulevard, N. W., right-of-way adjacent to the existing 1-581 right-of-way, being approximately 1,000 feet south of the Valley View Boulevard Interchange, identified as 2,967 square feet, more or less. Scott A. Woodrum, Agent, Spokesperson. Adopted Ordinance No. 39954-051914 (5-0). 10 3. Request of the City of Roanoke to amend the Planned Unit Development Plan for property located at 2102 Grandin Road, S. W., containing approximately 96 acres, to permit expansion of the Raleigh Court branch library previously rezoned to Institutional Planned Unit Development Plan (INPUD), pursuant to Ordinance No. 38815-051710 adopted by City Council on May 17, 2010. Christopher P. Morrill, City Manager. Matter was not heard due to re-advertisement by the City Planning Commission. 4. Proposal of the City of Roanoke to adopt an ordinance repealing Chapter 11.4, Stormwater Management, and adding Chapter 11 .6, Stormwater Management, Code of the City of Roanoke (1979), as amended; and to amend the Fee Compendium. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39955-051914 and Resolution No. 39956-051914 (5-0). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. OTHER BUSINESS: Council Member Lea called attention to a request in January 2014 regarding the serious nature of concussions sustained by youth while participating in tackle football and inquired as to the status of a report back on the possibility of offering flag football. He suggested that other localities be contacted to find out what they offer as an alternative; whereupon, the Assistant City Manager for Community Development responded that the matter had been discussed with the Youth Athletic Council and he would be pleased to provide comments to the Council. E. ADJOURNMENT - 8:12 P.M. 11 i t CITY OF ROANOKE 7,g-1 br ' CITY COUNCIL .w PE" --j 215 Church Avenue,S.W. G •/ Noel C.Taylor Municipal Building,Suite 456 4•' r Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D. Bestpitch Raphael E."Ray"Ferris Sherman R Lea Anita J. Price Court G. Rosen David R.Trinkle May 19, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, May 19, 2014. Best wishes for a successful meeting. Sincerely, Court G. Rosen Vice-Mayor CGR/aj (� > CITY OF ROANOKE ;� CITY COUNCIL ��y99a l•V ytr l -1 215 Church Avenue,S.W. i Noel C.Taylor Municipal Building,Suite 456 1 w' Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D.Bestpitch Raphael E."Ray"Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B.Trinkle May 19, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, May 19, 2014. Best wishes for a successful meeting. Sincerely, 4140 /. William D. Bestpitch Council Member WDB/aj , CITY OF ROANOKE OFFICE OF THE CITY CLERK t 215 Church Avenue,S. W.,Suite 456 ti - Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 20, 2014 The Reverend Amy C. Ziglar Mt. Zion AME Church 2128 Melrose Avenue, N. W. Roanoke, Virginia 24017 Dear Pastor Ziglar: 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, May19, 2014. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Stephanie M Moon Rey colds, C City Clerk SMR:aa tr PRESERVATION y,1 • "--r., , p OCUS , Newsletter of the Roanoke Valley Preservation Foundation History Along the Greenway The RVPF celebrates National Preser- Roanoke Valley Greenways and the City historic sites along the Roanoke Valley vation Month on Saturday,May 31 with of Roanoke Parks&Recreation Depart- Greenway system. The RVPF will con- the unveiling of two markers interpret- ment. As part of this project,the RVPF tinue to seek funding and partnerships ing historic sites along the Roanoke River worked with Clay Kerchoff,a student in- to install additional markers along the Greenway. A marker for the American tern from the UVa School of Architecture, greenwayl Viscose Corporation,one of Roanoke's to develop a master plan for interpreting largest industries,will be unveiled at 10:30 a.m.at mile marker 25.5 near the s _J J J r r I_1J J J _'I Js_t_. JJ Jib JJ rI J J_J/4 9th Street Bridge. This will be followed ......._..._r...._n..� _._ . - _..' ryw..... by a 5.2-mile bike ride to the second .""w7"__;5:^T �......��........e....::= marker at Norwich near Bridge Street. -= • The Norwich neighborhood developed in -`.�'=�""�"• "�'W tilt YA...4s .. ..M1.Y1..Y T the early 1900s with many of Roanoke's ....� ���.." .:. mom.. a' m earliest industries and worker housing. _......�..... °' A third marker was installed earlier this .4..... p year at Elmwood Park to tell the history *-••r••�•-z.•• , - E G cr of the Terry property that eventually " ' >....�d.� became Roanoke's first park. _ ��.w•-- y ice. i ed These three markers were made pos- "......+..�"-'"=-=="°�• a� v E. Bible by an Arts&Cultural Plan Imple- """" -, ="` ` ■ '• ° o mentation Grant from the Roanoke Arts Commission and partnerships with E d Gainsboro History Walk Dedication This past February 22,the Gainsbor- Roanoke area and beyond. Contributions at the national level. The History Walk ough Southwest Community Organiza- made by the residents of this community is made possible by a Neighborhood tion hosted a dedication of interpretative greatly influenced social life,business de- Development Grant,an Arts&Culture panels detailing the history of the Gains- velopment,and the advancement of Civil Plan Mini-Grant,and support from the boro Community. Eight panels were Rights,not just on a local level,but also Roanoke Valley Preservation Foundation. installed at Wells Avenue Plaza (near ._ Hotel Roanoke) as Phase I of the Historic fi Gainsboro Walk. Additional panels will P t . t„nw+ - eventually extend to Henry Street,Gains- s boro Road,and Gilmer Avenue. a - . .s, The Town of Gainsborough was � =: chartered in 1835,predating both the coming of the railway and the establish- ,,� .— ment of the Town of Big Lick(Roanoke) t in 1872.The panels specifically detail the vast contributions of African American citizens and business leaders to the Phase I panels installed at Wells Avenue Plaza. Four Tuskegee Airmen called Gainsboro home. Sp.Qetka. Good Afternoon: Mayor Bower, Members of City Council. My name is William Drewery and perhaps you will recall that I have spoken to this body before. Well here I am again. Today I am here on a matter that seems to me to be a conflict of interest with one of the city council board members. I waited until after the elections to bring this matter to your attention just in case the person did not return to office. The matter that I want to talk about is the proposed Urban Camping in downtown Roanoke across from the new Elmwood Park. Whether the person voted on the idea or not, it is the perception of having the ability to profit from being involved from the decision is what needs to be address. Although I don't know how long this was on the members list of actions to vote on, I do remember the long debates on the Victory Stadium and Elmwood Park Amphitheater. I believe that in the arena of politics, this was a very fast vote. I also don't remember any notice that there was a motion to do this in the paper or news. Bringing the tourist to the Roanoke Valley to our friends from out of town is necessary for our economic growth. But also having the citizens that live and want to take part in what is going on in our home town and having a place to park when we do come from outside the city should be a priority of this governing body. Not everyone lives in walking distance of the new downtown urban living. I believe that when one of the parking places is used in a manner that was not the intended purpose then we are looking for trouble. And another question comes to mind, if this project takes off, will other citizens be able to lease from the city a parking place and rent it out to our outside friends who are here for the festivities that our city provides? Thank you. Sincerely, William Drewery de r. : _ �. CITY COUNCIL AGENDA REPORT SO To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Public Hearing for Authorization of the Issuance of Debt for FY 2015 Capital Improvement Projects Background: On May 12, 2014, City Council approved the Capital Improvement Program (CIP) Update for FY 201 5-2019. The CIP includes bond issuance in FY 2015 in the amount of $22 million for the following projects: • School Facility Maintenance and Improvements - $ 5,000,000 • Bridge Renovation - 3,800,000 • Library Master Plan - 3,093,000 • Parks and Recreation Master Plan - 1 ,000,000 • Civic Center Improvements - 1 ,000,000 • Stormwater Management - 1 ,120,000 • Curb, Gutter and Sidewalk Program - 1 ,000,000 • Fire Facility Master Plan - 750,000 • Rail Passenger Infrastructure - 3,000,000 • 911 Center - 250,000 • Broadband - 2,000,000 Total: $22,013,000 Considerations: Council authorization of a public hearing on the issuance of debt is required to ensure that the public hearing notices are published in accordance with code requirements. The public hearing is to be scheduled for June 16, 2014 at 7:00 p.m. Recommended Action: Authorize a public hearing to be scheduled at City Council's meeting on June 16, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of general obligation bonds not to exceed $23 million for qualifying Capital Improvement Projects. This authorization includes authorization to provide proper notification and publication of such public hearing in accordance with code requirements on or about June 2nd and June 9`h Amelia C. Merchant Acting Director of Finance Distribution: Council Appointed Officers 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Request Public Hearing for Leasing of Approximately 5,709 Square Feet of Space, Including the Mezzanine Area, in the First Floor of the Church Avenue Parking Garage located at 101 Church Avenue, S.W. to the United States Postal Service for the Operation of a Downtown Post Office Branch Background: The United States Postal Service (USPS) has leased approximately 5,709 square feet of space, including the mezzanine area, from the City of Roanoke in the first floor of the Church Avenue Parking Garage for approximately 20 years. The current lease on the space terminates on August 8, 2014. The USPS desires to continue to lease the space for the operation of the Downtown Post Office Branch. A new lease is required to be approved and executed by the City and the USPS. A public hearing is required regarding such lease of public property for this purpose. Considerations: The proposed lease is for a five year term at a rate of $10/square foot, resulting in an annual rent of $57,090.00. The USPS will be responsible for payment of utilities and janitorial services. The City will be responsible for capital and routine maintenance of the leased premises. Revenue from the lease will be assigned to the Parking Fund. A copy of the proposed lease and accompanying report from the City Manager will be made available and presented at the scheduled City Council public hearing. Recommended Action: Authorize the scheduling and advertising of a public hearing on June 16, 2014 at 7:00 pm, or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may determine, for the leasing of approximately 5,709 square feet of space, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S.W. to the USPS for the operation of a Downtown Branch Post Office. C ristopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Debbie Moses, Parking Administrator CITY OF ROANOKE r : 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: cicrk@roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2014 Ann H. Shawver P. O. Box-245 Catawba, Virginia 24070 Dear Nt?r wver:- A communication advising of your resignation as a City Representative of the Roanoke Valley Juvenile Detention Center Commission, effective May 15, 2014, was before the Council of the City of Roanoke at its meeting held on Monday, May 19, 2014. Your resignation was accepted with regret, and the communication was received and filed. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a City Representative of the Roanoke Valley Juvenile Detention Center Commission, from July 7, 2008 to May 15, 2014. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ��, �'/J hi . ft 6PR,r `C Stephanie M. Moo MC City Clerk Enclosure pc: Jane R. Conlin, Secretary, Roanoke Valley Juvenile Detention Center Commission CERTIFICATE OF APPRECIATION PRESENTED TO ANN H. SHAWVER AS A CITY REPRESENTATIVE OF THE ROANOKE VALLEY JUVENILE DETENTION CENTER COMMISSION FROM JULY 7, 2008 TO MAY 15, 2014 ?- ON THIS 19 DAY OF MAY , 2014 IN RECOGNITION OF PUBLIC SERVICE RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: f k DAVID A.BOWERS PHANIE M.MOO 'RE go S MAYOR CITY CLE' a` 4 CITY OF ROANOKE " -l'S OFFICE OF THE CITY CLERK ,r.. 1 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 19, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Ann Shawver has tendered her resignation as a member of the Roanoke Valley Juvenile Detention Center Commission, effective May 15, 2014. Sincerely, Wa.A.A.t.) • Stephanie M. Reynol s, MMC City Clerk rw DEPARTMENT OF FINANCE Noel C.Taylor Municipal Building as Ro nok , Avenue,SW, Room 461 Roanoke,Virginia zgou ROANOKE 540.853.2821 fax: 540.853.6142 May 14, 2014 Mr. Dan O'Donnell, Chair Roanoke Valley Juvenile Detention Center Commission 5205 Bernard Drive, SW, Suite 400A Roanoke, VA 24018 Dear Mr. O'Donnell: Please accept this letter as notice of my resignation as a member of the Roanoke Valley Juvenile Detention Center Commission effective May 15, 2014. It has been a pleasure working with the Commission for the last several years and I wish it much success. Sincerely, a Ann H. Shawver Director of Finance c: Stephanie Moon Reynolds, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2014 Asia Smith 1606 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Smith: A communication advising of your resignation as a member of the Roanoke Neighborhood Advocates, effective May 14, 2014, was before the Council of the City of Roanoke at its meeting held on Monday, May 19, 2014. Your resignation was accepted with regret, and the communication was received and filed. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Neighborhood Advocates, from July 1, 2012 to May 14, 2014. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, 111n Stephanie M. Moo eyn , MMC City Clerk Enclosure pc: Bob Clement, Neighborhood Services Coordinator CERTIFICATE OF APPRECIATION PRESENTED TO ASIA SMITH ice ` 3 AS A MEMBER OF THE ROANOKE NEIGHBORHOOD ADVOCATES FROM JULY 1, 2012 TO MAY 14, 2014 sus ' ON THIS 19 DAY OF MAY , 2014 IN RECOGNITION OF PUBLIC SERVICE RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: •A* �• •, � /' DAVID A.BOWERS STEPHANIE M.M••N • I : OLDS MAYOR CITY CLE rr CITY OF ROANOKE ,.. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 A.tf.. Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 22, 2014 Phillip Clements 716 4th Street, S. W., Apt 4 Roanoke, Virginia 24016 Dear Mr. Clements: A communication advising of your resignation as a member of the Roanoke Neighborhood Advocates, effective June 1, 2014, was before the Council of the City of Roanoke at its meeting held on Monday, May 19, 2014. Your resignation was accepted with regret, and the communication was received and filed. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Neighborhood Advocates, from July 1, 2013 to June 1 , 2014. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Mes,:es)\en • Tr OVrt Stephanie M. Moo Reynold City Clerk Enclosure pc: Bob Clement, Neighborhood Services Coordinator CERTIFICATE OF APPRECIATION PRESENTED TO PFIILLIP CLEMENTS , AS A MEMBER OF THE ROANOKE NEIGHBORHOOD ADVOCATES FROM JULY 1, 2013 TO June 1, 2014 ON THIS 19 DAY OF MAY , 2014 IN RECOGNITION OF PUBLIC SERVICE RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: DAVID A. BOWERS STEPHANIE M.MOON R€EYNO MAYOR CITY CLERK :'C. CITY OF ROANOKE ...r' 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 REYNOLDS,MMC E-mail clerk(aroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 19, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Asia Smith and Phillip Clements have tendered their resignations as members of the Roanoke Neighborhood Advocates, effective May 14, 2014 and June 1, 2014, respectively. Sincerely, Stephanie M. Moo eyno MMC City Clerk ABSTRACT of VOTES Cast in ROANOKE CITY, VIRGINIA at the 2014 May City General Election held on May 06, 2014 for, Member City Council NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) David B. "Dave" Trinkle 4234 Raphael E. "Ray" Ferris 3325 William D. "Bill" Bestpitch 2980 Roger D. Malouf 2302 James R. Garrett 2276 Freeda L. Cathcart 2264 Hank W. Benson 2085 Linda F.Wyatt 1486 Valerie L. Garner 1011 Tuan L. Reynolds 795 Total Write-In votes [From Write-Ins Certifications] 53 [Valid Write-Ins+ Invalid Write_ins=Total Write In Votes] Total Number of OverVotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 06, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do,therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council. 1. David B. "Dave" Trinkle 2. Raphael E. "Ray" Ferris 3. William D. "Bill" Bestpitch �^ Given under our hands this PIA day of /" 1 ety , 02 67 /51 / , Chairman 1411/40-hi � , Vice Chairman a , A Secretary Y/41.4.a y✓ Q -„,, Q Secretary, Electoral Board p1� CITY OF ROANOKE OFFICE OF THE CITY CLERK .ter- 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roenokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 20, 2014 Wayne G. Strickland, Executive Director Roanoke Valley Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24011 Dear Mr. Strickland: This is to advise you that the Honorable William D. Bestpitch has qualified as the City's Elected Official representative on the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a three-year term of office ending March 31, 2017. Sincerely, Stephanie M. M Reyno ds, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK -mr-f 215 Church Avenue,S. W., Room 456 0 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 -=--`" Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gav JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBS,CMC Assistant Deputy City Clerk May 20, 2014 Mary Sweeney, Secretary Western Virginia Water Authority Board of Directors Roanoke, Virginia Dear Ms. Sweeney: This is to advise you that John P. Bradshaw, Jr., has qualified as a City representative of the Western Virginia Water Authority Board of Directors for a four-year term of office ending June 30, 2018. Sincerely, LtriPi.„1a,:\n'N Stephanie M. Moon Reynold , MC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John P. Bradshaw, Jr., do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Western Virginia Water Authority Board of Directors for a four-year term of office ending June 30, 2018, according to the best of my ability. So help me God. / ifs , /4 ,../,/ I iii o n P. Bradshaw, Jr. The foregoing oath of office was :ken, sworn to, and subscribed before me by John P. Bradshaw, Jr., this /741- of__�f 2014. Brenda S. Hamilton, Clerk of the Circuit Court 16'erBy _i∎94L.. , Clerk 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39939-051914. A RESOLUTION acknowledging and recognizing Workforce Investment Act ("WIA") reduction in funding from the Virginia Community College System from $249,993 to $120,117 for the Statewide Dislocated Worker/ Rapid Response Veterans Employment Activity funding for the award period of February 1, 2013 — June 30, 2014, to be administered by the Western Virginia Workforce Development Board ("WDB"). WHEREAS, WIA funding will be reduced from $249,993 to $120,117 for the award period February 1, 2013 — June 30, 2013, for the Statewide Dislocated Worker/ Rapid Response Veterans Employment Activity funding, which funding was previously accepted by City Council, as stated in the City Council Agenda Report dated May 19, 2014. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, a reduction in the funding level for the WIA Statewide Dislocated Worker/ Rapid Response Veterans Employment Activity funding from $249,993 to $120,117 from the Virginia Community College System, for the award period of February 1, 2013 — June 30, 2014, as more particularly set out in the City Council Agenda Report dated May 19, 2014. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the foregoing reduction in funding. R-acknowledge Western Va Workforce Development-veterans employment activity.5-19-14 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. ATTEST: City Clerk. (Kre R-acknowledge Western Va Workforce Development-veterans employment activity.5-19-14 2 0; CITY COUNCIL AGENDA REPORT cfC To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must recognize the funding for all grants received in order for the Western Virginia Workforce Development Board to administer WIA programs. On February 28, 201 3, the Western Virginia Workforce Development Board was designated as the fiscal agent for WIA funds and, therefore, administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is provided for four primary client populations: • Dislocated workers who have been laid off from employment through no fault of their own. Services provided to these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training, and supportive services. • Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor. Services provided to these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training, and supportive services. • Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults. Services provided to these individuals include career counseling and exploration, incentives to remain in school, work readiness classes, summer work program, mentoring, tutoring, and post secondary education/training. • Businesses in need of employment and job training services. The Western Virginia Workforce Development Board has received a Notice of Obligation from the Virginia Community College System granting a reduction in funding level for WIA Statewide Dislocated Worker/Rapid Response Veteran's Employment Activity funding. The funding has been reduced from $249,993 to $120,1 1 7 for award period (February 1 , 2013 - June 30, 2014). With the strict eligibility requirements for veterans to be able to participate in the grant, veterans that met all the requirements were insufficient in numbers to sustain the initial funding level; therefore, the State was notified that the funding could not be fully used and the State granted the Board a reduction in funding and number of clients to be served. Considerations: • Program Operations - Existing activities will continue and planned programs will be implemented. • Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommended Action: Recognize the Western Virginia Workforce Development Board WIA Statewide Dislocated Worker/Rapid Response Veterans Employment Activity funding reduction from $249,993 to $120,117 for award period February 1 , 2013 to June 30, 2014. C ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services 2 si IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39940-051914. A RESOLUTION authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The supportive services grant from the U.S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team in the amount of$140,422, with a local cash match of$45,320 from the City, for a total program budget of$185,742, for a one year period beginning February 1,2014, as more particularly set forth in the City Council Agenda Report dated May 19, 2014, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute and file, on behalf of the City,the grant agreement and all necessary documents required to accept such grant. All documents shall be upon fonn approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as maybe required in connection with the City's acceptance of this grant. ATTEST: \tf .,.97446), City Clerk. R-rke hat grant.5-19-14.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39941-051914. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team 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 Regular Employee Salary 35-630-5357-1002 $ 95,323 Temporary Employee Wages 35-630-5357-1004 13,725 City Retirement 35-630-5357-1105 19,737 Health Savings 35-630-5357-1117 953 FICA 35-630-5357-1120 8,415 Medical Insurance 35-630-5357-1125 17,244 Dental Insurance 35-630-5357-1126 1,046 Life Insurance 35-630-5357-1130 1,146 Disability Insurance 35-630-5357-1131 323 Telephone 35-630-5357-2020 1,750 Telephone-Cellular 35-630-5357-2021 1,000 Administrative Supplies 35-630-5357-2030 1,750 Expendable Equipment <$5000 35-630-5357-2035 500 Motor Fuel Billed Through Fleet 35-630-5357-2039 2,500 Program Activities 35-630-5357-2066 19,030 Postage 35-630-5357-2160 300 Fleet Management Vehicle Repair 35-630-5357-7026 1,000 Revenues Homeless Assistance Team FY14 35-630-5357-5357 140,422 Homeless Assistance Team FY14 - Local 35-630-5357-5358 45,320 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: n I J -r ,C' CITY COUNCIL AGENDA REPORT moo* To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Roanoke Homeless Assistance Team (HAT) Grant Renewal Background: The Blue Ridge Continuum of Care (CoC) continues to take practical steps that would have an immediate impact on the lives of the homeless in our community. The Advisory Council on Homelessness and the CoC constantly look for funding sources to address the needs of these individuals and families. The street outreach program goals are to assist homeless persons in their transition from streets and emergency shelters to transitional and permanent housing. HAT staff maintains office hours from 8:00 a.m. until noon after which time street outreach is conducted in shelters and other places not designed for human habitation. Through contacts and engagements, staff provides limited case management services including agency referrals, security deposits, food, transportation, and prescription assistance. Last year, the program assisted 1 ,881 clients. Based on Roanoke's 2013 Continuum of Care application, the Roanoke HAT was awarded a supportive services only grant from the U. S. Department of Housing and Urban Development (HUD) totaling $140,422 for a one year period beginning February 1 , 2014. A local cash match of $45,320 is required for a total program budget of $185,742. Recommended Action: Accept the HUD grant award described above and authorize the City Manager to take such actions and execute such documents as may be necessary to obtain, accept, implement, administer, and use such grant funds, including execution of any required grant agreement, such documents to be in a form approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates in the amount of $140,422 for Federal grant funds and $45,320 for local match funds. Transfer funding in the amount of $45,320 from the Transfer to Grant Fund (01 -250-9310-9535), and appropriate funding in the amount of $185,742 to accounts to be established in the Grant Fund (as outlined in Attachment A) by the Director of Finance. ) 2 I istopher Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Jane R. Conlin, Director, Human/Social Services Attachment A 2014 - 201 5 Homeless Assistance Team (HAT) Budget Regular Employee Salary 95,323 Temporary Employee Wages 13,725 City Retirement 1 9,737 Health Savings 953 FICA 8,415 Medical Insurance 1 7,244 Dental Insurance 1 ,046 Life Insurance 1 ,146 Disability Insurance 323 Telephone 1 ,750 Telephone-Cellular 1 ,000 Administrative Supplies 1 ,750 Expendable Equipment <$5000 500 Motor Fuel Billed Through Fleet 2,500 Program Activities 19,030 Postage 300 Fleet Mgt Vehicle Repair 1 ,000 Total 185,742 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39942-051914. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Health, and authorizing execution of any required documents on behalf of the City, in connection with such grant, under certain conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Health a Summer Food Program Grant in the amount of$100,000, such funding to be used to cover the expense of providing for the nutritional needs of children and youth during the summer months through the City's Summer Nutrition Program, all of which is more particularly described in the City Council Agenda Report dated May 19, 2014, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Health in connection with the grant. 3. The City Manager is further authorized to take any further actions, and to execute any additional documents, approved as to form by the City Attorney, needed to implement and administer the Summer Food Program Grant. ATTEST: Sad,Jr), nr1).N.Ffit4-444Q City blerk. IS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39943-051914. AN ORDINANCE to appropriate funding from the Federal Government, through the Virginia Department of Health, for the Summer Food Program, 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 certain sections of the 2013-2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Youth Activities 35-620-5275-2157 $ 100,000 Revenues Summer Food Program FY14 35-620-5275-5275 100,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �A 141.4:th/ Cilt Clem Y .•- CITY COUNCIL AGENDA REPORT '41,4, To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Summer Food Program Background: The City of Roanoke continues to provide for the nutritional needs of children and youth during the summer months through a Parks and Recreation supervised Summer Nutrition Program. Breakfast and lunch are provided to children throughout Roanoke from mid June through mid-August. An estimated 25,000 meals will be served this summer. Federal funds, up to $100,000, have been awarded to the City by a grant from the Virginia Department of Health. The City is reimbursed on a per meal basis for meals actually served. The remaining funds necessary to staff this program are allocated in the Parks and Recreation operating budget. Considerations: The Summer Food Program is partially funded through the United States Department of Agriculture, Food and Nutrition Service, with the Virginia Department of Health serving as the sponsoring agency in Virginia. The program is similar in concept to the National School Lunch Program with eligibility requirements much like those used to determine eligibility for free or reduced priced meals during the school year. The purpose is to provide nutritionally balanced, healthy meals to children, ages one through eighteen, and those with special needs. Recommended Action: Accept the Summer Food Program grant in the amount of $100,000 and authorize the City Manager and City Clerk to execute and attest respectively, an agreement with the Virginia Department of Health and any other forms necessary to accept such grant, approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $100,000, and appropriate funding in the same amount into an expenditure account to be established in the Grant Fund by the Director of Finance. o. er P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director, Parks and Recreation Attachment 1 Budget Breakdown 21 57 Program Activities 100,000 TOTAL 100,000 Summer Nutritional Sites Apple Ridge Farms, Copper Hill Boys and Girls Club Eureka Center Villages at Lincoln Indian Rock Village Jamestown Place Lansdowne Park Minnick Education Center Preston Center Dominion Day Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39944-051914. A RESOLUTION accepting the Public Safety Answering Point (PSAP) grants to the City from the Virginia E-911 Services Board, and authorizing execution of any required documentation on behalf of the City to accept such grants. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the PSAP grant offered by the Virginia E-911 Services Board in the amount of $231,000, with no local match required, for a CAD2CAD data exchange program with the County of Roanoke's E-911 Center, and further the City of Roanoke does hereby accept a second PSAP grant offered by the Virginia E-91 I Services Board in the amount of$150,000, with no local match, for the upgrading of the City's 911 phone system, for a combined total of $381,000, beginning July 1, 2014, upon the terms more particularly described in the City Council Agenda Report dated May 19, 2014. 2. The City Manager is hereby authorized to execute on behalf of the City any necessary documents to accept the grants, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of these grants. ATTEST: e4 t41)-04-d-inn )11 OtM City Cl`tklc. R-Public Safety Answering Point Grant.5-19-2014 41, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39945-051914. AN ORDINANCE to appropriate funding from the Virginia E-911 Services Board Grant to the E-911 Upgrades Hardware/Software project, amending and re- ordaining certain sections of the 2013-2014 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2013-2014 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 13-430-9870-9007 $ 381,000 Revenue E-911 Wireless Board State Grant 13-430-9870-9870 381,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City C rk. 7 4' CITY COUNCIL AGENDA REPORT xj >' To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: E-911 Regional Grant and Individual Grant Background: The Virginia E-911 Services Board administers an annual grant program to financially assist primary Public Safety Answering Points (PSAP). The grant program is designed for the purchase of equipment or services that support the continuity and enhancement of wireless E-911 across the Commonwealth of Virginia. The City of Roanoke's E-911 center has been awarded two grants from the VA E- 911 Services Board. First, the City was awarded a regional grant of $231 ,000 for a CAD2CAD data exchange program with the County of Roanoke's E-911 center. The goal is to allow the two Computer Aided Dispatch Systems (CAD) to communicate with each other and facilitate automatic exchange of data to assist with mutual Fire/EMS aid between the two jurisdictions. Secondly, the City of Roanoke's E-911 center was awarded an individual grant of $150,000 for the upgrading of its 911 phone system. The phone system has been in use for 5 years and requires upgrading of hardware and software to remain current with the latest features. These awards do not require a match of local funds and functions as a cash disbursement policy of reimbursement for expenditures specific to the grant awards. The awards are available starting July 1 , 2014. Recommended Action: Accept the Public Answering Point (PSAP) grants and authorize the City Manager to execute the grant agreements and any necessary documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate for capital projects in the Department of Technology Fund and appropriate funding in the amount of $381 ,000 to account 13-430-9870-9007 (E-91 1 System Upgrades). C ristopher P. Morrill City Manager Distribution: Council Appointed Officers �tl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39946-051914. A RESOLUTION authorizing the acceptance of an Employment Advancement for Temporary Assistance to Needy Families(TANF)Participants grant from the Virginia Department of Social Services(VDSS); authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local departments of social services(DSS)in Roanoke City,Roanoke County, Franklin County,Botetourt County,and Craig County; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Employment Advancement for TANF Participants grant from the VDSS,in the amount of $312,887, for the period commencing July 1, 2014, through June 30, 2015, for the purpose of maintaining and improving existing services to eligible TANF recipients by the provider agencies which comprise the Southwest Virginia Regional Employment Coalition, for services provided to the local departments of social services in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County, by Total Action Against Poverty, Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, as further set forth in the City Council Agenda Report dated May 19, 2014, is hereby ACCEPTED. 2. The City of Roanoke is authorized to be the primary fiscal agent for this grant, and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds, and to furnish such additional information as may be required in connection with the City's acceptance of the grant funds. All such documents shall be approved as to form by the City Attorney. ATTEST: 4:c64,6,:e0 ni ODIN 6374"ika City Clerk. R-Tani Grant SW VA Reg Emp Coalition 5-19-2014 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39947-051914. AN ORDINANCE to appropriate funding from the Federal Government through the Commonwealth of Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-8866-2010 $312,887 Revenues SWVA Regional Employment Coalition FY15 35-630-8866-8866 312,887 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 Clekk. �g CITY COUNCIL AGENDA REPORT ' To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Southwest Virginia Regional Employment Coalition Background: The City of Roanoke Department of Social Services (DSS), in collaboration with the local departments of social services in Roanoke County, Franklin County, Craig County, and Botetourt County, along with Total Action for Progress, Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, have been awarded funding for the Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) in the amount of $312,887. The agencies named have formed the Southwest Virginia Regional Employment Coalition. The grant is to assist citizens of our localities who are receiving TANF benefits to obtain employment or, where appropriate, an alternative disability income. The funds are available for use from July 1 , 2014, through June 30, 2015. The City of Roanoke is to be the primary fiscal agent for this grant, and is to be responsible for distributing the grant proceeds to the provider agencies for services provided to the local departments of social services. Considerations: The above grant funding is required to maintain existing services to the TANF population such as job development/placement, mental health screening and referral, and medical case management, which will enable them to obtain employment. When appropriate, Supplemental Social Security Income advocacy is provided in an effort to obtain an alternative monthly disability income for this population. Recommended Action: Adopt a resolution accepting the grant, authorizing the City of Roanoke to be the fiscal agent for the grant, and authorizing the City Manager to execute all appropriate documents related to acceptance of the funding. All documents shall be in such form as approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $312,887 and appropriate the same amount into accounts to be established in the Grant Fund by the Director of Finance. '/ topher '. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services (ALTHOUGH BUDGET ORDINANCE NO. 39949-051914 AND RESOLUTION NO. 39948-051914 WERE READ INTO THE RECORD AS 39948 AND 39949, THE NUMBERS AS ORIGINALLY ASSIGNED TO THE MEASURES WERE INADVERTENTLY SWITCHED.) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. N0. 39949-051914. AN ORDINANCE to increase the Roanoke Jail Inmate Phone Commissions expenditure and Inmate Phone Commissions revenue budget estimates, amending and reordaining certain sections of the 2013-2014 General 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 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Inmate Phone Commissions 01-140-3310-2074 $180,000 Revenues Inmate Phone Commissions 01-110-1234-1305 180,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: yy). ne\e,„„ rika.) City Clerk. CITY OF ROANOKE e - OFFICE OF THE CITY CLERK ,et. 215 Church Avenue, S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.guv JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 21, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Resolution No. 39948-051914 authorizing issuance and execution of Amendment No. 3 to the City Contract with CONMED, INC., in an amount not to exceed $2,379,912.00, for additional medical services for care of inmates housed at the City Jail; and authorizing you to execute such amendment retroactive to February 1 , 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 2014. r Sincerely, 1 _ Stephanie M. Moon ynold City Clerk Enclosure pc: The Honorable Tim Allen, Sheriff Daniel J. Callaghan, City Attorney Amelia C. Merchant, Acting Finance Director Michael B. Shockley, Acting Director, Management and Budget • t'_ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39948 051914. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 3 to the City Contract with CONMED, INC., in an amount not to exceed $2,379,912.00 for additional medical services for care of inmates housed at the City Jail; and authorizing the City Manager to execute such amendment retroactive to February 1, 2014. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute the attached Amendment No. 3, substantially in the form attached hereto, retroactive to February 1, 2014, in an amount not to exceed $2,379,912.00 for additional medical services for care of imnates housed at the City Jail, all as more fully set forth in the City Council Agenda Report to this Council dated May 19, 2014. The City entered into the original Contract with CONMED, INC. on July 1, 2010 (Contract). 2. The form of Amendment No. 3 shall be approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such other documents as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 3 to the above mentioned Contract, as well as the Contract, as amended. The form of any such additional documents shall be approved by the City Attorney. Resolution Approving Amendment No.3-CONMED Contract.Doc FATTEST: Ic(91/4,,,IsTh Y'SC:r AjAk City Clerk Resolution Approving Amendment No.3-CONMED Contract.Doc 2 ""'''1' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Jail Inmate Phone Commissions Budget Adjustment and to Consider Approval of Amendment No. 3 to the Contract with CONMED, INC. Retroactive to February 1, 2014. Background: The City of Roanoke's Jail, through an outside vendor, collects commissions from telephone calls made by inmates inside the Jail facility. The commissions are used to supplement the Jail's budget for overall operating expenses. These increased revenues from the telephone commissions will be used to help fund the increase in the CONMED, INC. contract. CONMED, INC. provides medical services to inmates housed in the City Jail. Considerations: Based on previous years' actual revenues, a revenue estimate of $250,000 was included in the FY 2013-2014 adopted budget for inmate phone commissions. Due to an increase in the commission rate as a result of a new contract with a new vendor, this anticipated revenue estimate will be exceeded by approximately $180,000. The Jail also contracts with an outside vendor, CONMED, INC. to provide inmate medical services to all inmates. The agreement allows for a maximum of $120,000 to be allocated for out of facility inmate medical expenses. From a historical perspective, the expenses for out of facility medical services have never exceeded the $120,000 cap threshold. However, this year the cap was exceeded in February with an overage anticipated to total $250,000 by fiscal year end. The reasons for this significant gap include an increase in the number of inmate hospitalizations and surgeries, as well as other costly treatments such as kidney dialysis. The Sheriff has requested a $320,596.00 increase in the contract with CONMED, INC. to cover the existing overages and to serve as a cushion for any future overages. Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate for Inmate Phone Commissions (01 -110-1234-1305) by $180,000 and appropriate funding to the Inmate Phone Commissions expenditure account (01 -140-3310- 2074) to assist in covering the medical cap overage. The remaining medical expense cap overage will be covered through salary lapse. Authorize the City Manager to execute Amendment No. 3 retroactive to February 1 , 2014, as mentioned above, approved as to form by the City Attorney, to the City's Contract with CONMED, INC. in an amount not to exceed $2,379,912.00 which is an increase of $320,596.00. Authorize the City Manager to take such actions and to execute such documents, as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 3 to the above mentioned Contract with CONMED, INC., as well as the Contract itself. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Honorable Tim Allen, Sheriff R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Michael Shockley, Acting Director of Management and Budget 2 AMENDMENT NO. 3 This is Amendment No.3 to Contract No.86UHL6 dated July 1,2010,between the City of Roanoke,Virginia,(City)and CONMED, INC. (Contractor). The effective date of this Amendment is retroactively to February 1, 2014. This Amendment amends the above Contract as follows: 1. Section 2. Contract Amount: Change: The not to exceed amount set forth in Amendment No. 2 is hereby changed from $2,059,316.00 to $2,379,912.00, an increase of$320,596.00, as approved by City Council, by authorization by Resolution No. and such change is to be effective retroactively to February 1, 2014. 2. Section 5. Payment: Delete Section 5 of the Contract and replace it with the following: A. Except as provided in Section 5B below, payment to the Contractor shall be in monthly installments of $171,609.67 each. Payments shall also include reimbursable amounts for"capped costs"in excess of the cap amount set forth in Section 2C and for services for inmates from foreign jurisdictions as set forth in Section 2D. The Contractor shall submit a billing invoice to the Sheriff at the close of each monthly billing period which shall be payable within thirty(30)calendar days after the date of receipt by the Sheriff of a correct billing invoice. If an incorrect billing invoice is submitted, payment shall be made within thirty (30) days of receipt of a corrected billing invoice. In the event this Agreement should commence or terminate on a date other than the first or last day of any calendar month, compensation to the Contractor will be prorated accordingly for the shortened month. B. Effective July 1, 2014, payment to the Contractor shall be payable in twelve(12)monthly installments of$173,326.00. Payments shall also include reimbursable amounts for"capped costs" in excess of the cap amount set forth in Section 2C and for services for inmates from foreign jurisdictions as set forth in Section 2D. The Contractor shall submit a billing invoice to the Sheriff at the close of each monthly billing period which shall be payable within thirty(30)calendar days after the date of receipt by the Sheriff of a correct billing invoice. If an incorrect billing invoice is submitted, payment shall be made within thirty (30) days of receipt of a corrected billing invoice. In the event this Agreement should commence or terminate on a date other than the first or last day of any calendar month, compensation to the Contractor will be prorated accordingly for the shortened month. 3. Contract Renewal: By mutual agreement of the parties and as allowed by Section 3 of the Contract, this Contract is hereby renewed for the second one (1) year renewal. Such renewal term will be July 1, 2014, through June 30, 2015. There are no additional renewal periods remaining as set forth in Section 3 of the Contract. Except as specifically amended and/or modified above, all the terms and provisions of the above Contract, and any prior amendments thereto, shall continue in full force and effect. IN WITNESS WHEREOF, the parties agree to the above Amendment and hereby sign such Amendment by their authorized representatives. CITY OF ROANOKE: CONMED, INC. By: By: Christopher P. Morrill, City Manager/Date PresidentNice President/Date Witness/Date Typed or Printed Name and Title Appropriation and Availability of Funds Required for this Contract Amendment Certified Attest/Witness/Date Director of Finance/Date Account 4: 01-140-3310-2010 City Attorney(Approved as to Form)/Date City Attorney(Approved as to Execution)/Date Page 1 of 1 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 REYNOLDS,MMC E-mail: clerk @manokeva,gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 21, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Resolution No. 39950-051914 authorizing the issuance and execution of additional Amendments to the City Contract with Crouch Engineering, P.C., in an amount up to $366,869.00 for additional architectural and engineering (NE) services for Norfolk Avenue and Culvert Improvements associated with the Norfolk Southern Passenger Rail Platform; and authorizing you to take certain actions in connection with such project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19,2014. Sincerely, n Stephanie M. Moon RV,ypolds, MMC City Clerk Enclosure pc: Daniel J. Callaghan, City Attorney Amelia C. Merchant, Acting Finance Director 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 Michael B. Shockley, Acting Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39950-051914. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City Contract with Crouch Engineering, P.C., in an amount up to $366,869.00 for additional architectural and engineering (A/E) services for Norfolk Avenue and Culvert Improvements associated with the Norfolk Southern Passenger Rail Platform; and authorizing the City Manager to take certain actions in connection with such project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's Contract with Crouch Engineering, P.C., in an amount not to exceed $366,869.00 for additional A/E services for Norfolk Avenue and Culvert Improvements associated with the Norfolk Southern Passenger Rail Platform, all as more fully set forth in the City Council Agenda Report to this Council dated May 19, 2014. The City entered into the original Contract with Crouch Engineering, P.C. on March 5, 2014 (Contract). 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the Contract, and the total amount of such Amendments will not exceed an additional $366,869.00, including an initial Amendment for the additional A/E services in an amount of$316,869.00, all as set forth in the above Report. R-Amendment To Crouch Engineering Connzct-Passenger Rail Improvements 5.19.14 Ver 2.Doe 1 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract, as amended. The form of all such additional documents shall be approved by the City Attorney. ATTEST: 14fietiLiTh 1:0"..Q.14rjek) City Clef_ R-Amendment To Crouch Engineering Contract-Passenger Rail Gnprovements 5.19.14 Ver 2.Doc 2 ter'' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Amendment to Contract with Crouch Engineering, P.C. for Engineering Design Services for Norfolk Avenue and Culvert Improvements Associated with Norfolk Southern Passenger Rail Platform Background: The City entered into a Contract with Crouch Engineering, P.C. dated March 5, 2014, to perform architectural and engineering services for the Conceptual Design of Norfolk Avenue and Trout Run Culvert Improvements associated with the Passenger Rail Platform. Engineering design services for the initial Conceptual Design Phase included, but were not limited to, Trout Run Culvert and related drainage studies and impacts to Norfolk Avenue and existing infrastructure associated with the location of the Passenger Rail Platform. The fee for the initial phase was $1 78,958. Considerations: The City desires to exercise its option to have Crouch Engineering, P.C. provide additional services associated with other phases permitted under the Contract. Based on the feasibility of the Conceptual Design, Crouch Engineering, P.C. has submitted a proposal for a Contract Amendment for the Construction Document Phase for an additional fee of $316,869. The Construction Document Phase will include environmental and geotechnical testing and exploration; permit applications; preparation of construction plans and specifications; provision of Engineer's cost estimate; construction administration services; and any other work deemed necessary. In addition to the above fee, other project expenses connected with the project's design and development may involve encountering unexpected conditions that may necessitate Crouch Engineering, P.C. providing services over and above those stipulated above. Therefore, future amendments may be needed to the Contract with Crouch Engineering, P.C. to perform additional services as the project develops. However, the total of such other amendments is not expected to exceed an additional $50,000 over and above the previously mentioned $316,869, for total Contract Amendments not to exceed $366,869. Funding is available in the project account 08-530-9653, Passenger Rail Infrastructure. Recommended Action: Authorize the City Manager to execute additional amendments as mentioned above, approved as to form by the City Attorney, to the City's Contract with Crouch Engineering, P.C. in an amount not to exceed $366,869 for additional professional services, including an Amendment for $316,869 as set forth above. Authorize the City Manager to take such actions and to execute such documents, as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above mentioned Contract with Crouch Engineering, P.C., as well as the Contract itself. I ' nstopher 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 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 tqi '" Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 21, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39951-051914 to appropriate funding from the Federal and Commonwealth government grants for various educational programs, and 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, May 19, 2014, and is in full force and effect upon its passage. Sincerely, . �� .P Stephanie M. Moon City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Acting Director of Finance Michael B. Shockley, Acting Director, Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39951-051914. 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 Materials and Supplies 302-120-0000-1050-330H-61310-46601-3-02 $ 5,130 Teachers 302-120-0000-0000-111G-61100-41121-9-02 6,264 Coordinators 302-120-0000-0000-111G-61100-41124-9-02 479 Instructional Supplies 302-120-0000-0000-111G-61100-46614-9-02 3,257 Revenues State Grant Receipts 302-000-0000-0000-330H-00000-32418-0-00 5,130 Federal Grant Receipts 302-000-0000-0000-1110-00000-38027-0-00 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: i � ,� G I t City Cle V�\` r c ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. May 19, 2014 School Board Todd A. Putney Chairman The Honorable David Bowers, Mayor and Members of Roanoke City Council Suzanne P. Moore Roanoke, VA 24011 Vice Chairman William B. Hopkins, Jr. Dear Members of Council: Mae G. Huff As a result of official School Board action on Tuesday, May 13, Annette Lewis 2014, the Board respectfully requests that City Council approve the Lori E. Vaught Richard Willis appropriation requests below: Dr. Rita D. Bishop Revised Appropriation Additional Award Superintendent Cindy H. Poulton IDEA Part B, Section 611 Flow Through 2012-13 $10,000.00 Clerk of the Board Special Education in Jails 2013-14 $5,130.00 On behalf of the School Board, thank you for your consideration. Sincerely, Ctit 2141,4%___ Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Margaret Lindsey Amelia Merchant Acquenatta Harris (w/details) Todd A. Putney p: 540-853-2381 f: 540-853-2951 P.O.Box 13145 Roanoke,VA 24031 www.rcps.info pF �O 6 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: School Board Appropriation Request Background: As the result of official School Board action at its May 13, 2014 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Special Education in Jails program 2013-14 grant of $5,130 provides state funding for a special education teacher and associated administrative support to serve the Roanoke City Jail. This is an increase to the original award allocation based on 2013-14 personnel cost projections and material/supplies projection. This program will be fully reimbursed by state funds and will end June 30, 2014. This is a continuing program. The IDEA Part B Section 611 Flow Through Program 2012-13 grant of $10,000 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. 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. ams- Cher± Amelia C. Merchant Acting Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Margaret A. Lindsey, Executive Director of Fiscal Services, RCPS The Roanoke City Council Personnel Committee will conduct interviews for the position of Director of Finance on Saturday, May 31 at the Holiday Inn — Valley View, commencing at 8:00 a.m. Breckinridge Middle School Builders Club Breckinridge Middle School Builders Club is a student- led community service organization that operates under school regulations and draws its members from the student body. The Builders Club was chartered at Breckinridge Middle School on August 19, 2013. Breckinridge is the first middle school in the City to have a club and to become chartered. This year the Builders Club have worked with the Roanoke Rescue Mission, VA Hospital and served as mentors at Westside Elementary School. The Kiwanis Club sponsor is Michael Hamlar and Assistant Principal Tami Amos serves as the School Advisor. The Builders Club is supported by the local and international Kiwanis Club. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 i. ..", Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @manokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 23, 2014 Ronald "Champ" Hubbard, Head Coach William Fleming High School Girls Basketball 3649 Ferncliff Avenue, N. W. Roanoke, Virginia 24017 DearciAr : I am enclosing copy of Resolution No. 39952-051914 recognizing and commending the outstanding performance of the 2013-2014 William Fleming High School Girls Varsity Basketball Team. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 2014. Sincerely, bit ima-- esertvt. ALLA-5 r4.. / 044444_ r "44114- .4 Mr Q. -- Stephanie M. Moon Re nol , MC City Clerk Enclosure o9 giro/ ion IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19"'day of May,2014. No. 39952-051914. A RESOLUTION recognizing and commending the outstanding performance of the 2013-2014 William Fleming High School Girls Varsity Basketball Team. WHEREAS, the William Fleming High School Girls Varsity Basketball Team, comprised of 13 student athletes and a student manager,proudly and successfully represented William Fleming High School and the entire Roanoke Valley this past season by capturing the Blue-Ridge District Regular Season Championship, the Conference 24 Championship, the 4A Region Championship and reaching the finals of the VHSL 4A State Tournament on March 8, 2014,by defeating Woodrow Wilson High School of Portsmouth, Virginia by a score of 38-34 before the largest home crowd of the season; WHEREAS, under the leadership of Head Coach Ronald "Champ" Hubbard and Assistant Coaches Ryann Hubbard, Angela Terry, Bryan Ashford, and Rick Ramey, along with Videographer Eric Johnson, the William Fleming High School Girls Varsity Basketball Team showcased great camaraderie, confidence, composure, and determination throughout its 2013 - 2014 season, and completed its season as the Blue-Ridge, Conference 24, and 4A Region Champions and 4A State Runner-up, with an outstanding combined season record of 22— 7;and WHEREAS, the William Fleming High School Girls Varsity Basketball Team garnered additional honors and accolades this season by virtue of the outstanding individual accomplishments of several team members including Desiree Keeling who was named as Player of the Year for the Blue-Ridge District, Conference 24, 4A North Region, and Kiwanis Club, and was named a member of the First Team All-Timesland, VHSL State, and VHSCA State; Antavia Stevens who was named a member of the First Team for the Blue-Ridge District, Conference 24, 4A North Region, and was named a member of the Second Team All- Timesland and Second Team VHSCA State; Gracie Doane who was named a member of the First Team for Blue-Ridge District, Conference 24, and received Honorable Mention for the 4A North Region; KeAshe Lee who was named a member of the Second Team for the Blue- Ridge and Conference 24; Courtney Martin who was named a member of the Second Team for the Blue-Ridge and Conference 24; Nadjae Stokes who received Honorable Mention for Conference 24;and Coach Ronald"Champ"Hubbard who was named Coach of the Year for the Blue-Ridge District, Conference 24,4A North Region,Kiwanis Club, and All-Timesland. NOW, THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council adopts this means of recognizing and commending the outstanding performance of the 2013 - 2014 William Fleming High School Girls Varsity Basketball Team and coaching staff for winning championships in the Blue-Ridge District, Conference 24, and 4A North Region, reaching the VHSL Championship game in Richmond, and demonstrating throughout their most successful season the value of teamwork, perseverance,and dedication. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Head Coach,Ronald"Champ"Hubbard. APPROVED ATTEST: ._�-_ Stephanie Moon Reynolds ` David A. Bowers City Clerk -- Mayor CITY OF ROANOKE 644 ,> 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 REYNOLDS,MMC E-mail: clerk n,roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City, Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 21, 2014 The Honorable Sherman A. Holland The Honorable Evelyn W. Powers Commissioner of the Revenue Treasurer Roanoke, Virginia Roanoke, Virginia LeeAnn Reich, Executive Director Community Youth Program at St. John's Inc. One Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Ladies and Gentleman: I am enclosing a certified copy of Ordinance No. 39953-051914 exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Community Youth Program at St. John's, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, effective July 1, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 2014, and is in full force upon its passage. Sincerely, nTh ` 11r Ylp Stephanie M. Moon Rey Ids, M City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation Amelia C. Merchant, Acting Director of Finance Michael B. Shockley, Acting Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39953-051914. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Community Youth Program at St. John's, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date, and dispensing with the second reading by title of this Ordinance. WHEREAS, Community Youth Program at St. John's, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 19, 2014; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the provisions of subsection C of Section 58.1-3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation (a) is certain personal property, including machinery, tools, and equipment, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis, and (b) for personal property that may be acquired by the Applicant shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis. K.\Measures\Tax Exem Tax Exempt PP Community Youth Program at St John's,Inc 5 14 .Clot THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Community Youth Program at St. John's, Inc., as a charitable, religious, or benevolent organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in full force and effect on July 1, 2014. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to LeeAnn Reich, Executive Director, Community Youth Program at St. John's, Inc. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: n'' 6M p � City Clerk. .4 A T Copy Till: K:\Measures\Tax Exem Tax Exempt PP Community Youth Program at St.John's, Inc 5 14 .doc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Personal Property Tax Exemption Request - Community Youth Program at St. John's, Inc. Background: Community Youth Program at St. John's, Inc. (CYP), a Virginia, non-stock, not- for-profit corporation owns and uses certain personal property located at One Mountain Avenue, S.W., Roanoke. The organization desires that its current personal property, as well as any personal property hereinafter acquired, be designated and classified as exempt from personal property taxes pursuant to the provisions of the Code of Virginia. The Community Youth Program provides afterschool and summer programming to disadvantaged Roanoke City youth in grades 4 through 8. The mission of CYP is to encourage learning and the development of a positive self-image and to provide a network of support for students in grades 4 through 8 and their families. The organization's current personal property consists of a 2012 Ford Econoline 11 -passenger van (VIN #1FBNE3BL3CDA30031 ). At the time the petition was submitted, annual personal property and license taxes tax due on the vehicle were $602.19 on a total assessed value of $16,875. Subsequent to the submission, 2014 personal property tax bills were issued. At present, the personal property and license taxes due on the vehicle are $572.00 on an assessed value of $16,000. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331 -051 903, with an effective date of January 1 , 2003. Based on this policy and procedure, the Community Youth Program at St. John's, Inc., has provided the necessary information required for applications for exemptions that would take effect July 1 , 2014. As noted above, the assessed value of the personal property at One Mountain Avenue, S.W. is currently $16,000. The annual personal property taxes due are $552.00. The organization is current on its taxes and would be responsible for the payment of its 2014 taxes. The City would be foregoing the personal property tax revenue from the organization going forward. The organization would continue to pay the license tax charge. The Commissioner of the Revenue, Sherman Holland, has determined that Community Youth Program at St. John's, Inc. is currently not exempt from paying personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501 (c)(3) tax-exempt organization. Notification of a public hearing to be held May 1 9, 2014, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance that will grant Community Youth Program at St. John's, Inc. an exemption from personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1 -3651 , Code of Virginia (1950), as amended, effective July 1 , 2014. C ristopher P. Morrill City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Michael B. Shockley, Acting Director of Management and Budget LeeAnn Reich, Executive Director, Community Youth Program at St. John's, Inc. 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF ROANOKE CLERKS OFFICE 215 CHURCH AVE SW RM 456 I NOiiCEOFPUBLIC NOEL C TAYLOR MUNICIPAL BLDG ROANOKE VA 24011 NEARING Notice is hereby given that the Clty Council of the City of Roanoke will hold a public hearing at ifs regular Reference: 32143302 i9°zo�s omminongay 13612660 Chamber,p.m., Council Floor,Noel C. Taylor Municipal Building, 215 Church Avenue,S.W., State of Virginia Roanoke,Virginia on the question of adoption of an City of Roanoke Section 58.1-3651,Code of ordinance pursuant to Virginia (1950), as amended,approving the I, (the undersigned) an authorized representative request of Community Youth Program at St. of the Times-World Corporation, which corporation John's, Inc.,a nonprofit organization (1) for is publisher of the Roanoke Times, a daily designation of Its personal published in Roanoke, in the State of Mountain A located at 1 newspaper P Mnan Avenue, Virginia, do certify that the annexed notice was exam from rain as exempt t from t axation;any published in said newspapers on the following after acquired ird pe of any after rty to personal dates: Mountain toenle,located at Roanoke, Virgins ,aseexe, pt from taxation, as exetppt from -Thew fp -The weal cant's c value current of the applicant's corrtnt personal property for tax year 2a t tsi personal City/County of Roanoke, Commonwealth/State of with t total personal property tax assessment of Vir i.A. Sworn & subscribed before me this $552.00 for the 2014 tax 'f�I year. day of May 2014. Witness my hand Citizens shall have the opportunity to be heard and and o • I seal. express their opinions on this matter. If you are a person with a I/, s. A\ Ewe: ,4:1 J/ Notary Public disability who needs accommodations for this Er C i public hearing,lk'canted the City Clerk's Office, x, itlllrzl, I (540)853-2541,byy 12:00 P McE a noon on Thursday,May 15, .‘•‘‘ N,y 2014, �� GIVEN under my hand this �� NOTggy"- BSI 5m day of Mayy,"Mina PUBLISHED ON: 05/09 S PUBLIC 9 5tephanle M.°aonCit Gera Lt *]• REG. #332964 = (13512660) P : MY COMMISSION I: A- TOTAL COST: 259.68 •` '• : FILED ON: 5/19/2014 '',/Pk' ''H CF \1.` Authorized q , I Signature: 6 , Billing Services Representative NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on May 19, 2014, commencing at 7:00 p.m., in the Council Chamber, 41h Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia (1950), as amended, approving the request of Community Youth Program at St. John's, Inc., a nonprofit organization (1) for designation of its personal property, located at 1 Mountain Avenue, Roanoke,Virginia as exempt from taxation;and(2) for classification of any after acquired personal property to be located at 1 Mountain Avenue, Roanoke, Virginia, as exempt from taxation. The total assessed value of the applicant's current personal property for tax year 2014 is $16,000.00, with a total personal property tax assessment of$552.00 for the 2014 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853-2541, by 12:00 noon on Thursday, May 15, 2014. GIVEN under my hand this 5th day of May , 2014. Stephanie M. Moon Reynolds, City Clerk. K\MEASURESTAX EXEM PII NOTICE PP COMMUNITY OUTREACH AT ST JOHNS 5 14 DOC Note to Publisher: Please publish once in The Roanoke Times, Legal Notices on Friday, May 9, 2014. Please bill: LeeAnn Reich, Executive Director Community Youth Program at St. John's, Inc. One Mountain Avenue, S. W. Roanoke, Virginia 24016 (540) 309-6300 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 K:'.NOTICES:2014 MAY'NPH-COMMUNITY YOUTH PROGRAM AT ST JOHNS-TAX EXEMPTION DOC s:� e CITY OF ROANOKE r OFFICE OF THE CITY CLERK y ,.•=< 215 Church Avenue,S.W.,Suite 456 Itte Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 14, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on April 14, 2014, by Community Youth Program at St. John's Inc. (CYP), a Virginia non-stock, not- for-profit corporation, requesting exemption from taxation of personal property located at One Mountain Avenue, S. W., pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1st. Sincerely, MAYA- Stephanie M. Moon Rynolds, k.cMC City Clerk S MR:aj Attachment Christopher P. Morrill April 14, 2014 Page 2 pc: LeeAnn Reich, Executive Director, Community Youth Program at St. John's Inc. One Mountain Avenue, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget si ,.) (� Community Youth Program ........) i at St. John's, Inc. COMMUNITY YOUTH PROGRAM Building Brighter Futures Ms. Stephanie Moon City Clerk,City of Roanoke 215 Church Avenue SW, Room 456 Roanoke, VA 24011 April 14, 2014 To Whom It May Concern, 1 am writing this letter on behalf of the Community Youth Program at St. John's Inc., requesting exemption from the City of Roanoke personal property taxes on our vehicle. I have already checked with the Commissioner of the Revenue who has stated that we are not considered exempt for personal property tax. We would like to pursue this status through city council. The Community Youth Program is a 501(c)(3) nonprofit afterschool program which provides afterschool and summer programming to disadvantaged Roanoke City youth in grades 4-8. The mission of CYP is to encourage learning and the development of a positive self-image and to provide a network of support for students in grades 4-8 and their families. We currently own a white 2012 Ford Econoline 11-passenger van that we use to transport our students as part of our afterschool and summer program. The VIN is 1FBNE3BL3CDA30031. We'd like to request consideration for exemption from personal property tax on this vehicle and any other personal property we purchase in the future. Please respond at your earliest convenience. Sincerely, -J LeeAnn Reich Executive Director Community Youth Program at St. John's Inc. 1 Mountain Avenue • P.O. Box 257 • Roanoke, Virginia 24002 • 1540) 309-6300 • Fax 1540) 343-6362 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: _ NIA la. Your Petitioner, The (AYnm vnliy Mt Program a1St.�al7hh inc a Virginia, non-stock, not for profit corporation owns certain real property, located at I. ho Urlfain AVC SW in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # , with a total assessed value of$ and a total of$ in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in N ' (Describe proposed use of real properly,if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section 1.b) lb. Your Petitioner, the Commvnily lad# Proira� #9,74(5, a Virginia, non-stock, not for profit corporation owns ertain personal property, located at 1 M0MtZII F1 Ave.sw in the City of Roanoke, Virginia, with a total assessed value of$ 1610115 and a total of $(,o 2. l 9 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevojent .urposes in g ; S'OM 1 at--ri5g gni-24h tracks den on 6r, she Li lit I rf t ° #Ur a _ At ,A p'o gram. (Describe proposed use of personal property,if applicable.) 1 be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to„�ection 501 (c) of the Internal Revenue Code of 1954 on much of iqq9 . 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): NO 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): NO 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by 2 such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services (A): y- (e .,ive inaivid✓aa do i 0" 6A tali 1, '- (l( ! . , I 6tuniso t . we also acre► it-K►r, anion. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it (Describe the public service) WP (let' t-YISksty (ff5 arc a sa4e p►lue service). �i _ ,46 /..ss f. L. d..' 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): NO 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): NO 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): NO 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): ce,15% of Offs Shah* ,vali' as law PlaW e Lim cave it 4.1 , _ • ✓iyc �iG9S�WI�NCJ't /lake. (Provide as necessary). bur p�'U/j j'a'�'yl (/en j eluded i.ttlielet iives Note: All Tax Exemption Petitions must be filed with the City Clerk's Office. 3 THEREFORE, your Petitioner, The covnm vni� yo t'"` PrQ9rzin alSt Thhns respectfully requests to the Council of the City of Roanoke that this real or /r1G personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the a particular purposes of providing , vevve(K-of svpyour ( a -✓lcIL 6tv4P� ✓) .. .`r ift .1/ • (Repeat proposed use of property). UT (7, ,/ P 00-4,11 tYtinpg 'taficn It fCeAAd fi'C P4 eu4 home ds pan f Respectfully submitting this P(46)1.144-' day Arai , 20 1y. BY: .r. , LA . 'resident 4 J - N J _,) Community Youth Program at St. John's Inc. COMMUNITY YOUTH PROGRAM Building Brighter Futures Mr. Sherman Holland Commissioner of the Revenue, City of Roanoke 215 Church Avenue SW, Room 251 Roanoke, VA 24011 March 26, 2014 To Whom It May Concern, I am writing this letter on behalf of the Community Youth Program at St. John's Inc., requesting exemption from the City of Roanoke personal property taxes on our vehicle. The Community Youth Program is a 501(c)(3) nonprofit afterschool program which provides afterschool and summer programming to disadvantaged Roanoke City youth in grades 4-8. The mission of CYP is to encourage learning and the development of a positive self-image and to provide a network of support for students in grades 4-8 and their families. We currently own a white 2012 Ford Econoline 11-passenger van that we use to transport our students as part of our afterschool and summer program. The VIN is IFBNE3BL3CDA3003I Please respond at your earliest convenience. Sincerely, `,� • I LeeAnn Reich Executive Director Community Youth Program at St. John's Inc. Cc: Melissa Dales Cc: Mr. Lawhorn 1 Mountain Avenue • P.O. Box 257 • Roanoke, Virginia 24002 • (540) 309-6300 • Fax 1540) 343-6362 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 x,.: ' '~ Roanoke, Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy, City, Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 21, 2014 Scott A. Woodrum, P. E. Virginia Department of Transportation P. O. Box 3071 Salem, Virginia 24153 Dear Mr. Woodrum: I am enclosing copy of Ordinance No. 39954-051914 permanently vacating, discontinuing and closing an approximately 2,967 square foot portion of the right-of-way of Oakland Boulevard, N. W., at its southern terminus adjacent to Interstate 581 and immediately southeast of Round Hill Elementary School, such school being located on Official Tax Map No. 2250102. Furthermore, Ordinance No. 39954-051914 further ordains that you shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court, file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. Lastly, if the above conditions have not been met within one year from the date of the adoption of this ordinance, then Ordinance No. 39954-051914 shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 2014; and is in full force and effect upon its passage. Sincerely, . -r `1"' wm,ww • wow 9 Stephanie M. Moo Reynolds, MMC City Clerk Enclosure Scott A. Woodrum, P. E. May 21, 2014 Page 2 pc: Jacqueline L. Shuck, Executive Director, Roanoke-Blacksburg Regional Airport, 5202 Aviation Drive N. W., Roanoke, Virginia 24012 Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Acting Director of Finance Steve J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Candace R. Martin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39954-051914. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Virginia Department of Transportation filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on May 13, 2014, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 2,967 square foot portion of the right-of-way of Oakland Boulevard, N.W., at its southern terminus adjacent to Interstate 581 and immediately southeast of Round Hill Elementary School, such school being located on Official Tax Map No. 2250102, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a marmer consistent with law, and 2 retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such • recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 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: 141-1LH/1 \??, v 0744) City Cle k. A True=-Copy Ted►: 3 Og • rl CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: A request from the Virginia Department of Transportation (VDOT) to permanently discontinue, vacate and close an approximately 2,967 square foot portion of the right-of-way of Oakland Boulevard, N.W. at its southwestern terminus adjacent to Interstate 581 and immediately south of Round Hill Elementary School, bearing Official Tax No. 2250102 Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Tuesday, May 1 3, 2014. By a vote of 6-0 the Commission recommended vacation of an approximately 2,967 square foot portion of the right-of-way of Oakland Boulevard, N.W. at its southwestern terminus adjacent to Interstate 581 and immediately south of Round Hill Elementary School, bearing Official Tax No. 2250102. The right-of- way vacation will enable construction of an exit ramp as part of VDOTs Valley View Boulevard interchange project. Vacation should be subject to the following conditions: 1 . The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Planning Commission Public Hearing Discussion: Ms. Katz asked when the project would be started. Mr. Woodrum said he did not have a specific date but had a time frame. He stated there should be some activity on the property in late June or early July. Mr. Scholz asked if completion was set for 2015 Mr. Woodrum stated it was set for September 30, 2016 Mark Futrell, Vice Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel). Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 2 ,� APPLICATION STREET OR ALLEY VACATION ROANOKE Date: March 26,2014 To Office of the City Clerk re •1 •• •`°wit Fourth Floor, Noel C. Taylor Municipal Building a .".~;4'r.,; 215 Church Avenue, S.W. w.P� •• 1; on ' Roanoke, VA 24011 . , Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: The subject parcel is the end of existing Oakland Blvd right of way adjacent to existing 1-581 right of way approximately 1000 feet south of the Valley View Blvd interchange. Property owned by the City(Round Hill School) is to the north and property owner by the Roanoke Regional Airport Commission is to the south. The subject parcel is 2,967 square feet+/-. Proposed use of vacated street or alley: The subject parcel will be used for the 1-581 widening and ramp reconstruction proposed as part of VDOT Project 0581-128-109,C501, 1-581 &Valley View Blvd Interchange Phase II. Name of Applicant/Contact Person: Virginia Department of Transportation(Scott A.Woodrum,P.E.) Mailing Address: P.O.Box 3071,Salem,VA 24153 Telephone: ( ) 540-378-5046 ja Fax: ( ) n/a E-mail: scott.woodrum @vdot.virgnina.gov Applicant(s) signature(s): 7 pi/aetrea, po I have read, signed and dated the attached page outlining conditions required for a successful closure. 5 Post Approval Conditions Any right-of-way vacation approved by City Council is subject to the conditions below. These conditions relate to preparation and approval of the plat, and the recordation of the plat and the ordinance. A period of one year is provided to have the plat and ordinance recorded. Street and alley right-of-way vacations may be subject to the following conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. By signing below I certify I have read and understand the conditions outlined above. I agree to the closure for which I have applied being subject to the attached conditions. I(l / A- ?O/' Applican Signature late Updated December 2013 N. r.i rEe. VriL 0CC SC HIGH rnx °' L M itro>NESS 111,400 5',.,„,,,,„,,,,y,„.,,,,,m. ^r•:° yrex :w f_ - e. . t vi Vn 1561 958P126103 C A20/l I 7 q vrr+ TM r r .o u1', uw v. I 0 I I i Qi esi i ry/ S r ,.. 55s0-, 44., NI ®. 3 -al I w s N NAP AOAWOKE REGIONAL ;VAPORY COMMISSION to N 1'S 0 •.. W Q ri rlr .- 1', INTERSTATE ssr .`, A PIT 2I &[ a 4i 013 v..° 1'o M.fr ',it MP RWE COPIERS.INC AYBLCW5IINN.rK r Y � A • tMATCH UNE SEE SHEET 7OMr U '' r 1',071 9�r0°�04cor„awrrto•vurmR Yc 5n revrn00 i 0 u w1' 4 PrmwzcO Ru' u .20„i ^`^4 PC 4595 050NLL M595 Ma r M CF'xxv vUXVUfxr rRYy a 1'r , L 010 AREA rA9ULAnorvs n non'Hearn]o Vm'P � um tvrvmtl �I.. 'PROPOSED PLM Of v PROPOSED PROPOSED PROPOSED ,-<'.' ryry %mare_ PARCEL PROPoFFW PROPOSE', RERYMENI anury TEYPCP0.W j h a L550. 1ry v1' V 'PFpCO5E0 VY?EO Kif55 wit — N BER ACHY AY COMYEgD ,, Y,„„,,W,wwm 0 ^""' EASEYFr1r EaSEYENr EaSEYENI . m.aim 2,,rorlxa cre mz.aal aw 1'h;co or vq 013 1830 Sp.Fr, as cos.d 1'h mrv+.,1 rap WSrrWlm 'PfIOM5E0 PEwYnvEM E45fYExCS---- Ora 9328 So 70 3 q me mrp4M AP pymb5 4575 4 easexe moults Marry pM08 on]Oa 0varere vM 'PROPOSED 11070540n£45EmENTS- - 015 I 9M950.fm. 395 Sa Fr. -- maa m„,,,,, 59 Br PO 0 p 2,747 7777 On 12%r So-n. o _ it 'Foy T ::.. 0581428109 )EMI Oakland Boulevard ROW Vacation Adjacent Property Owners List TAXID LOCADDR OWNER OWNERADDR1 MAILCITY MAILSTATE 2141412 0 OAKLAND BV NW ROANOKE REGIONAL AIRPORT COMMISSION 5202 AVIATION DR ROANOKE VA 2250102 2020 OAKLAND BLVD NW CITY OF ROANOKE ROUND HILL SCHOOL 2020 OAKLAND BLVD NW ROANOKE VA 4 j 2250102 ti ,.. INPUD ts wti 'al-,; „b ti 214 ' . dt et 44. • wry Area of ROW to'be vacated 2,975 Sq. Ft A4E9 et, 4 4t �wb0^ -IS A�8 VDOT Right-of-way eV pPti Lj� 120 a it oLO.O O.:I,s R - o b ❖: "b" et. Ob kb b lr,4��FY ?74r4'� tiw to b^a0 o h. ile eV i 140: 1 r ; 4 { f tFilibIr Oakland Boulevard, N.W. at Interstate 581 adjacent to ' Round Hill Elementary School ' 8; AFFIDAVIT APPLICANT: Scott A. Woodrum, VDOT LOCATION: Right-of Way adjacent to 1-581, south of the Valley View Blvd. Exchange REQUEST: Closure COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Candace Martin first being duly sworn, states that she is Acting Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 30th day of April, 2014, notices of a public hearing to be held on the 13th day of May, 2014 on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 2141412 ROANOKE REGIONAL AIRPORT COMMISSION 5202 AVIATION DR ROANOKE VA 24012 2250102 CITY OF ROANOKE ROUND HILL SCHOOL 2020 OAKLAND BLVD NW ROANOKE VA 24012 ‘ fa&c2 T" (4L) Candace Martin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of April, 2014 e(A esia ie. No ary Public CHRISTA R. MACK NOTARY PUBLIC Commonwealth of Virginia 068 q.' My Commission Reg.Expire#7598 l7� The Roanoke Times Roanoke, Virginia Affidavit of Publication Application by the City of Roanoke to amend the Planned Unit Development Plan for the property The Roanoke Times located at 2102 Grandin Road, S.W., containing + approximately 96 acres, bearing Official Tax No. 1460101, to permit CITY OF ROANOKE, PDV PUBLIC NEARING expansion of the Raleigh Court branch library OT NC CITY PLANNING COMMISSION NOTICE previously rezoned to institutional Planned Unit 215 CHURCH AVE, ROOM166 SW 'throopment Plan(INPUD), All public hearings 'through the adoption of ROANOKE VA 24011 advertised herein will be Ordinance 38815-051710 held in the City Council on May 17,2010. The land Chamber, fourth floor, use categories permitted in Room 450,Noel C.Taylor the INPUD District include Municipal Building,215 residential; Church Avenue, S.W., accommodations and group REFERENCE: 80076514 Roanoke, Virginia. All living; commercial; applications are available a s s e m b l y a n d 13605295 PUBLIC HEARING May 1 for review in the Planning entertainment; public, Building and Development institutional and community office, Room 166, 215 facilities;transportation; Church Ave.,S.W.,Roanoke, utility;agricultural; and State of Virginia VA. accessory,with a maximum City of Roanoke Any person with a disability density 1,8 of one square tees unit Y are area. The scomp feht of lot requiring m any special attnd plan de designates accommodation-to attend plan tleslgn ales [he I, (the undersigned) an authorized resen re tative or participate in the property for large p hearings should contact institutional and of the Times-World Corporation, which corporation Planning Building and recreation/open space use, Development at (540) but does not specify is publisher of the Roanoke Times, a daily 853-1730 at least five days density. The proposed uses prior to the scheduled of the property remain: newspaper published in Roanoke, in the State of hearing. library; educational facilities,business school or Virginia, do certify that the annexed notice was The City of Roanokel nonindustrial trade school, Planning Commission will' college/university, published in said newspapers on the following hold public hearings on May elementary/ middle/ 13,2014,at 1:30 p.m.,or secondary,school for the dates: as soon as The matters may' arts;day care center,child; be heard,to consider these office, general ar applications: Professional. iA request from the Virginia Candace Martin, Acting ,Department of' Secretary,City Planning Transportation(VDOT)to Commission permanently discontinue,' City/County of Roanoke, Cottonwealth/State of vacate and 9 close ae ha ngs on the aforesaid tn vacate a n 2, o square hearings it the old pubic Vir ia. Sworn and subscribed before me this i pot portion of the applications on May 19, right-of-way of Oakland 2014,at 7:00 p.m.,or as 'Qa of hand Boulevard, NM., at its soon as the matters may be I y f MAY 2014. Witness m y hnd and southern terminus adjacent heard. official seal . to Interstate 581 and immediately southeast of Stephanie M.Moon,MMC, Round Hill Elementary City Clerk -fin located such Official Sca Tl x being The City of Roanoke Board /at, /Q/ ,Notary Public No.250102. oax Map `/ , _(/ No.2250102. of Zoning Appeals will hold a public hearing on May 14, 2014,at 1:00 p.m.,or as soon as the matter may be heard, to consider this Zvtot H r z rtz�izjz' application: I 5W5R�y, �.`-Au, /.� Application from New- ,. T' i Legacy Partners,LLC for ? S • .•• •. i% property located at 901 PUBLISHED ON: 04/30 05/07 � '• P TAgy •. ?� % Patterson Ave., S.W., / tiekiC •. tT ■ bearing Official Tax No. 4*. •• R 1112118, zoned RM-1,•a • �G• #332 'Residential Mixed Density C es : MY COOT District, for a special MI$S10 • �'� exception pursuant to ig E p)8 N Section 36.2-311,Zoning, r 7 Code of the City of Roanoke ~r4®J•± lire (1979), as amended,to ✓r permit a two-family r�''r ,a r v�Q. `�� dwelling,at this location. TOTAL COST: 989 .76 -rr•rt�r,Hit t\s CandaceMaseciAtaryg FILED ON: 05/19/14 City Board of Zoning Appeals + (13605295) Authorized /� Signature: U"�+"• , Billing Services Representative PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning Building and Development office, Room 166, 215 Church Ave., S.W., Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact Planning Building and Development at(540) 853-1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold public hearings on May 13, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: A request from the Virginia Department of Transportation (VDOT) to permanently discontinue, vacate and close an approximately 2,967 square foot portion of the right-of- way of Oakland Boulevard, N.W., at its southern terminus adjacent to Interstate 581 and immediately southeast of Round Hill Elementary School, such school being located on Official Tax Map No. 2250102. Application by the City of Roanoke to amend the Planned Unit Development Plan for the property located at 2102 Grandin Road, S.W., containing approximately 96 acres, bearing Official Tax No. 1460101, to permit expansion of the Raleigh Court branch library previously rezoned to Institutional Planned Unit Development Plan (INPUD), through the adoption of Ordinance 38815-051710 on May 17, 2010. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for large institutional and recreation/open space use, but does not specify density. The proposed uses of the property remain: library; educational facilities, business school or nonindustrial trade school, college/university, elementary/ middle/secondary, school for the arts; day care center, child; office, general or professional. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on May 19, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on May 14, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider this application: Application from New Legacy Partners, LLC for property located at 901 Patterson Ave., S.W., bearing Official Tax No. 1112118, zoned RM-1, Residential Mixed Density District, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke(1979), as amended, to permit a two-family dwelling, at this location. Candace Martin, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on April 30 and May 7, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 Please send affidavit of publication to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 CITY OF ROANOKE ;:."4114 OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 } oF;, Roanoke,Virginia 24011-1536 r. Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 10, 2014 REVISED Rebecca J. Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on March 26, 2014, from the Virginia Department of Transportation requesting that the dead end portion of existing Oakland Boulevard N. W., right-of-way, adjacent to the existing 1-581 right of way, being approximately 1000 feet south of the Valley View Boulevard Interchange; and subject parcel identified as 2,967 square feet, more or less, be vacated, discontinued and closed. Sincerely, fita-friL44,■Pn • hnew).6bilfaCted Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Scott A. Woodrum, P. E., do Virginia Department of Transportation, P. O. Box 3071, Salem, Virginia 24153 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney CITY OF ROANOKE • OFFICE OF THE CITY CLERK :.w 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 `,Q.,.^,-'� ;t• Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk May 21, 2014 Ass stant Deputy City Clerk k Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 39955-051914 amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, and enacting a new Chapter 11.6, Stormwater Management, being a comprehensive revision of the stormwater management regulations of the City; and providing for an effective date of July 1, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 2014, and is in full force upon its passage. Sincerely, trAli2o4:02 nn WI win Stephanie M. Moon Re nolds, MMC City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick S. Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joseph S. Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Acting Director of Finance Chris L. Chittum, Director, Planning, Building and Development Neil M. Holland, Building Commissioner h IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2014. No. 39955-051914. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 11.4, Stonnwater Management, of the Code of the City of Roanoke (1979), as amended, and enacting a new Chapter 11.6, Stonnwater Management, being a comprehensive revision of the stonnwater management regulations of the City; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, land-disturbing activities and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stonnwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; WHEREAS, increased stormwater runoff contributes to increased quantities of water-borne pollutants; WHEREAS, stonnwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stonnwater runoff from land- disturbance sites; WHEREAS, the City's regulations pertaining to stormwater management need to be updated and made consistent with current state code requirements; WHEREAS, because stormwater management is an issue which affects the Roanoke Valley region and not simply a single jurisdiction, representatives from the City and from Roanoke County have drafted ordinances to be adopted by their respective governing bodies, such ordinances being developed to be consistent and supportive of one another; and 0-Stonnwater Management May 15,2014 1 WHEREAS, this Council, after considering the proposed stormwater management ordinance, is of the opinion that the proposed stormwater management ordinance is necessary for the management of stormwater in the City of Roanoke and ought to be adopted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as amended, is amended, by the addition of a new Chapter 11.6, Stormwater Management, consisting of Sections 11.6-100 through 11.6-800, to read and provide as follows: Sec. 11.6-100. Purpose and Authority. (a) This chapter shall be known as the "Stormwater Management Ordinance. " The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of the City, protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from a land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. (b) This chapter is adopted pursuant to Chapter 3.1, State Water Control Law, of Title 62.1, Waters of the State, Ports, and Harbors, of the Code of Virginia. (c) This chapter is also adopted to integrate the City's stormwater management, erosion and sediment control, and stormwater discharge regulations, into a unified stormwater program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of VSMP Authority permits, payment of fees, and coordination of inspection and enforcement activities, into a more convenient and efficient manner for both the City and those responsible for compliance with these programs. Sec. 11.6-101. Definitions. O-Stormwater Management May 15,2014 2 In addition to the definitions set forth in 9f'AC'2.5-870-10 of the Regulations, ((rich are expressly adopted and incorporated herein by reference, the following words and terms used nr this chapter have the following meanings, unless otherwise specified herein. Where a definition in the Regulations differs from a definition set forth below, or the context inchcates otherwise, the definition set forth below shall supercede the definition in the Regulations. "Act" means Article 2.3, Stornnuatec Management Act, of Chapter 3.1, State Water Control Lars, ("Title 62.1, Waters of the Slate, Portr, and Harbors, of the Code of Virginia. "Administrator" means the City of Roanoke employee who is responsible for administering the YSMP on behalf of the City. "Agreement in lieu of a stormwater management plan" means a contract between the City and the miner or permitter that specifies methods that shall be implemented to comply with the requirements of the VSMP for the construction of a single family residence: and may be executed by the City in lieu of stormwater management plan. "Applicant" means any person submitting an application for a Virginia Stormwater Management Program Authority Permit or requesting issuance of a Virginia Stormwater Management Program Authority Permit under this chapter. "Best management practice" or "BMP" means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. "City"means the City of Roanoke, Virginia. "Clean Water Act" means the Federal Clean Water Act (33 U.S.0 §1251 et seq.),formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. "Code of Virginia"means the Code of Virginia (1950), as amended. "Common plan of development or sale" means a contiguous area where separate and distinct construction activities may he taking place at different times on different schedules. "Comprehensive stormwater management facility" or "comprehensive facility" means a facility or series of facilities designed to control stormwater runoff from a specific watershed, although only portions of the watershed may experience development. OSmnnwater Management May 15,2014 3 "Comprehensive stormwater management plan" means a plan which may be integrated with other land use plans or regulations that specifies how the water quality components, or quantity components, or both, of stormwater are to be managed on the basis of an entire watershed or a portion thereof. The plan may also provide.for the renrediation of erosion, flooding, and water quality and quantity problems caused by prior development. "Control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters. "Department"means the Department of Environmental Quality. "Design Manual" means the City's Stormwater Management Design Manual, as revised and updated from time to time by the city manager, containing guidance on how stormwater management systems are to be designed and policies that are to be followed as set forth by the City. "Development" means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non- agricultural or non-silvicultural purposes. Agreement" means a Comprehensive Development Plan Agreement, Land Subdividers Agreement, or an Erosion and Sediment Control Agreement. "Director" means the City's Director of the Planning Building and Development Department. "General Permit" means the state permit titled, "General Permit for Discharges of Stormwater from Construction Activities" found in Part XIV (9VAC25-880-1, et seq.) of the Regulations, authorizing a category of discharges under the Clean Water Act and the Act within a geographical area of the Commonwealth of Virginia. "Land-disturbing activity" or "land disturbance" means a man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation, except that the term shall not include those exemptions specified in Section 11.6-102 of this chapter. "Layout" means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval. "Linear development project" means a land-disturbing activity that is linear in nature, such as, but not limited to: 0-Stomiwater Management May 15,2014 4 (a) the construction of electric and telephone utility lines, and natural gas pipelines; (b) Construction of tracks, rights-of44w, bridges, communication ,facilities and other related structures of a railroad company; (c) Highway construction projects; (d) Construction of stornrwnter channels and stream restoration activities; (e) Water and sewer line; or (f) Projects undertaken by a public entity, in a public right of way, including but not limited to streetscapes, curbs, sidewalks, inlets, pipes, landscaping and lighting. Streets constructed in association with residential, commercial, or industrial site development arc not considered linear development projects. "Minor modification" means an amendment to an existing General Permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor General Permit modification or amendment does not substantially alter General Permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. "Off-site compliance options" or "off-site options" means stormwater management measures that are located outside the subject property boundary described in the Virginia Stormwater Management Program Authority Permit application for a land-disturbing activity. "Operator" means the owner or operator of any facility or activity subject to regulation under this chapter. "Permittee" means the person to whom the Virginia Stormwater Management Program Authority Permit is issued. "Person" means any individual, corporation, trust, estate, board, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity, or any agent or employee of any such person. "Regulations" means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC125-870-10, et. seq, as amended. "Site" means the land or water area where any facility or land-disturbing activity 0-Stonnwater Management May 15,2014 5 is pinsically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. "State"means the Commonwealth of Virginia. "State Board"means the Water Control Board. "State Permit" means an approval to conduct a land-disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a General Permit or an approval issued by the State Board far stormwater discharges from a Municipal Separate Storm Sewer System (MS4). Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the Clean Water Act, such permit shall be obtained by the setting of and accompanying information required by the State Board, including the General Permit registration statement, the Virginia Stormwater Management Act and the Regulations. "State waters" means all water, on the surface and under the ground, wholly or partially within, or bordering the Commonwealth or within its jurisdiction, including wetlands. "Stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff snow melt runoff and surface runoff and drainage. "Stormwater facility maintenance agreement" means a legally binding agreement between the owner of a property and the City regarding long-term maintenance of stormwater management facilities. "Stormwater management facility" means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow. "Stormwater management plan" means a document, or collection of documents, containing material describing methods for complying with the requirements of Section 11.6-202 of this chapter. "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. In addition, the document shall identify and require the implementation of control measures, and shall include, but not be limited to, the inclusion of or the incorporation by reference of an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan. "Subdivision" means the same as defined in Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended. O-Stormwater Management May 15,2014 6 "'Total maxinuan daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading, and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source wade-offs. "Virginia Stormwater Management Program " or "VSMP" means a program approved by the State Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, Virginia Stormwater Management Program Authority permit requirements annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement, where authorized in this chapter, and evaluation consistent with the requirements of this chapter and associated regulations. "Virginia Stormwater Management Program authority" or "VSMP authority" means an entity approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program. "Virginia Storrnwater Management Program Authority Permit" or "VSMP Authority Permit" means an approval to conduct a land-disturbing activity issued by the Administrator for the initiation of a land-disturbing activity, in accordance with this chapter, and which may be issued only after evidence of General Permit coverage has been provided by the Department. Sec. 11.6-102. Virginia Stormwater Management Program Authority Permit Requirement; Exemptions. (a) Except as provided herein, no person may engage in any land-disturbing activity until a Virginia Stormwater Management Program Authority Permit has been issued by the Administrator in accordance with the provisions of this chapter. (b) This chapter shall be applicable to land-disturbing activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land-disturbing activities may take place at different times on different schedules. (c) All stormwater management plans submitted for consideration under the terms of this chapter must be reviewed by the City to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with the City's overall watershed plans and any comprehensive watershed plans. (d) Notwithstanding any other provisions of this chapter, the following activities are exempt, unless otherwise required by federal law: O-Stonnwater Management May 15,2014 7 (I) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1, Mines and Mining, of the Code of Virginia; (2) Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock .feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desalting basins, dikes, ponds, ditches, strip cropping, lister fiurowing, contour cultivating, contour fiarowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11, Forest Resources and the Department of Forestry, of Title 10.1, Conservation, of the Code of Virginia, or is converted to bona fide agricultural or improved pasture use as described in subsection B of section 10.1-1163 of the Code of Virginia; (3) Single-family residences separately built and disturbing less than one (1) acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures; (4) Land-disturbing activities that disturb less than ten thousand (10,000) square feet of land area, except for activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance. (5) Linear development projects, provided that less than one (1) acre of land will be disturbed; (6) Discharges to a sanitary sewer or a combined sewer system; (7) Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use; (8) Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and (9) Conducting land-disturbing activities in response to a public emergency where the related work requires immediate O-Stonnwater Management May 15,2014 8 authorization to avoid imminent endangerment to iitu mat health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsection (a) of this section is required within 30 days of commencing the land-disturbing activity. (e) Any additions, extensions, or modifications to a development which was previously exempt under item (d) of this section, shall provide stormwater management for the entire combined development when the exemption limitations are exceeded. This applies only to additions, extensions, or modifications to a development within two (2) years of completion of the originally proposed development. This time frame limitation does not apply to single family or two family dwellings. See. 11.6-103. Compatibility with Other Requirements. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall apply. Sec. 11.6-200. Stormwater Management Program Established; Submission and Approval of Plans; Prohibitions. (a) Pursuant to Section 62.1-44.15:27 of the Code of Virginia, the City hereby establishes a Virginia Stormwater Management Program for land-disturbing activities and adopts sections 9VAC25-870 of the Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in Section 11.6-100 of this chapter. Pursuant to Section 62.1-44.15:27 of the Code of Virginia, the Director shall appoint the Administrator who may render interpretations of the provisions of this chapter and shall have the necessary authority to administer and enforce this chapter, including ordering in writing the remedying of any condition found in violation of this chapter. The Administrator may report any noncompliance with this chapter to the City Attorney, or the Commonwealth Attorney, as appropriate, with the request for appropriate action at law to ensure or obtain compliance with this chapter. (b) A person shall not conduct any land-disturbing activity until such person has submitted a Virginia Stormwater Management Program Authority Permit application to the Virginia Stormwater Management Program authority that includes a General Permit registration statement, if such statement is required, and, a stormwater management plan or an executed agreement in lieu of a stormwater management plan, and has obtained Virginia Stormwater Management Program authority approval to begin land disturbance. 0-Stomlwater Management May 15,2014 9 (c) Unless specifically exempted by this chapter, cony landowner or operator desiring a Virginia Stormwater Management Program Authority Permit for a land-disturbing activity shall submit to the City a Virginia Stormwater Management Program Authority Permit application on a form provided by the City for that purpose. Virginia Stormwater Management Program Authority Perrnit applications shall comply with the requirements contained within the Design Manual. (d) No Virginia Stormwater Management Program Authority Permit shall be issued by the Administrator until the,following items have been submitted to, and approved by, the Administrator as prescribed herein: (1) A Virginia Stormwater Management Program Authority Permit application that includes a General Permit registration statement, unless application is for a single-family detached residential structure, within or outside a common plan of development or sale, in which case no registration statement is required; (2) Evidence of General Permit coverage, unless an application is for a single-family detached residential structure, within or outside a common plan of development or sale, in which case automatic coverage is granted by the Department; (3) A stormwater pollution prevention plan (SWPPP) that meets the requirements of Section 11.6-201, of this chapter; (4) Maintenance agreements in accordance with section 11.6-400 of this chapter, as applicable; (S) Performance bonds in accordance with section 11.6-800 of this chapter, as applicable; (6) A Virginia Stormwater Management Program Authority Permit application and plan review fee in accordance with section 11.6- 700 of this chapter; and (7) An executed development agreement, as applicable. (e) No grading, building, or other local permit shall be issued for a property unless a Virginia Stormwater Management Program Authority Permit has been issued by the Administrator, when such Virginia Stormwater Management Authority Permit is required. (f) Should a land-disturbing activity associated with an approved plan in accordance with this section not begin during the 180-day period following approval or cease for more than one hundred eighty (180) days, the City may evaluate the existing approved stormwater management plan to determine whether the plan still satisfies local program requirements and O-Stonnwater Management May 15,2014 10 to verify that all design factors are still valid. If the City finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior 10 the initiation or resumption of land-disturbing cretliities. (g) No land development permit or other land-disturbing activity shall be granted or extended for more than a total,five (5) consecutive years from the date of the original Virginia Stormwater Management Program Authority Permit issuance without reevaluation of the stormwater management requirements of this chapter. Sec. 11.6-201. Stormwater Pollution Prevention Plan; Contents of Plans. (a) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by Section 9VAC25-870-54 of the Regulations, and must also comply with the requirements and general information set forth in Section 9VAC25-880-70, Section 11, of the Regulations, of the General Permit. At a minimum, the SWPPP must include: (1) An erosion and sediment control plan; (2) A stormwater management plan; (3) A pollution prevention plan; and (4) Any additional control measures necessary to address a TMDL. (b) The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants not addressed by the existing SWPPP. (c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the General Permit, either electronically or in hard copy. Sec. 11.6-202. Stormwater Management Plan; Contents of Plan. (a) The Stormwater Management Plan, required in Section 11.6-201 of this chapter, must apply the stormwater management technical criteria set forth in Section 11.6-300 of this chapter to the entire land-disturbing activity and consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff O-Stormwater Management May 15,2014 11 (b) A stormwater management plan.far a land-disturbing activity shall apply the stormwater management technical criteria set forth in this section to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities, if already identified on an approved storm water management plan. (c) A stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners. (d) The stormwater management plan shall include all of the information required in the final stormwater management plan checklist found in the Design Manual. (e) If an operator intends to meet the water quality and/or quantity requirements set forth in Section 11.6-300 of this chapter through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved offsite options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity, except as otherwise allowed by section 10.1-603.8:1 of the Code of Virginia. (f) Elements of the stormwater management plans that include activities regulated under Chapter 4, Architects, Engineers, Surveyors, Landscape Architects, and Interior Designers, of Title 54.1, Professions and Occupations, of the Code of Virginia shall be appropriately sealed and signed by a prrofessional registered in the Commonwealth of Virginia pursuant to Article 1, Architects, Engineers, Surveyors, and Landscape Architects of Chapter 4, of Title 59.1, Professions and Occupations, of the Code of Virginia. (g) An agreement in lieu of a stormwater management plan may be utilized for construction of a single-family detached residential structure, within or outside a cornnmon plan of development or sale; (h) A construction record drawing for permanent stormwater management facilities shall be submitted to the Administrator and approved. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities, including, but not limited to, storm drain pipes, culverts, and BMPs used to control or treat stormwater have been constructed in accordance with the approved plan. Sec. 11.6-203. Pollution Prevention Plan; Contents of Plans. 0-Stonnwater Management May 15,20 t4 12 (a) A Pollution Prevention Plan, required by 9VAC25-870-56 of the Regulations, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. (b) The Pollution Prevention Plan shall include all of the information required as specified in the Design Manual. (c) The Pollution Prevention Plan must be updated as necessary in order to minimize the discharge of pollutants. Sec. 11.6-204. Review of Stormwater Management Plan. (a) The Administrator shall review stormwater management plans and shall approve or disapprove a stormwater management plan. All applications will be processed in accordance with procedures and time frames as set forth in the Design Manual. However, no time frames will exceed the time frames as set forth in 9VAC25-870 of the Regulations. (b) Approved stormwater management plans may be modified as follows: (1) Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the Administrator. The Administrator shall respond in writing either approving or disapproving such request. All requests for a modification shall be in writing. (2) The Administrator may require that an approved stormwater management plan be amended, within a time prescribed by the Administrator, to address any deficiencies noted during inspection. Sec. 11.6-205. Comprehensive Storm water Management Plans. (a) Applicants shall communicate with the Administrator prior to submitting an application for a stormwater management plan to determine if a comprehensive stormwater management plan has been developed for the applicable watershed. (b) If such a comprehensive stormwater management plan exists, the applicant must provide stormwater management water quality treatment on-site in accordance with the provisions of the comprehensive plan and other management provisions as specified by the City. (e) A comprehensive stormwater management plan, which accompanies an application, shall, at a minimum, address the following: (1) The specific stormwater management issues within the targeted 0-Stonnwater Management May 15,2014 13 watersheds; (2) The technical criteria in this chapter, the Design Manual and the Virginia Stormwater Management Program permit regulations at 9VAC25-870 of the Regulations, as needed; (3) The goals and requirements of the City's comprehensive plan, zoning ordinance, and other planning documents; (4) Opportunities for financing a watershed plan through cost sharing with neighboring agencies or localities, and implementation of comprehensive stormwater utility fees; (5) Maintenance of the selected stormwater management facilities; and (6) Future expansion of the selected stormwater management facilities in the event that development exceeds the anticipated level. Sec. 11.6-300. Technical Criteria for Regulated Land-Disturbing Activities. (a) To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the City hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II B of the Regulations, expressly to include 9VAC25-870-63 (water quality design criteria requirements); 9VAC25- 870-65 (water quality compliance); 9VAC25-870-66 (water quantity); 9VAC25-870-69 (off-site compliance options); 9VAC25-870-72 (design storms and hydrologic methods); 9VAC25-870-74 (stormwater harvesting); 9VAC25-870-76 (linear development project); and, 9VAC25-870-85 (stormwater management impoundment structures or facilities), and 9VAC25-870-93 through 9VAC25-870-99 which shall apply to all land- disturbing activities regulated pursuant to this chapter, except as expressly set forth in subsection (b) of this section. (b) Any land-disturbing activity shall be considered grandfathered by the Virginia Stormwater Management Program authority and shall be subject to the.Part II C technical criteria of the Regulations,provided: (1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the City to be equivalent thereto (i) was approved by the City prior to ,fitly 1, 2012, (ii,) provided a layout as defined in 9VAC25-870-10 of the Regulations, (iii) will comply with the Part II C technical criteria of the Regulations, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is 0-Stormwater Management May 15,2014 14 no increase in the volume or rate of runoff (2) A state permit has not been issued prior to July 1, 2014; and (3) Land disturbance did not commence prior to July 1, 2014, (c) Locality, state, and federal projects shall be considered grandfathered by the Virginia Stormwater Management Program authority and shall be subject to the Part II C technical criteria of the Regulations, provided: (1) There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the Department has approved a storrnwater management plan prior to July 1, 2012, (2) A state permit has not been issued prior to July 1, 2014; and (3) Land disturbance did not commence prior to July 1, 2014. (d) Land-disturbing activities graradfathered under subsections (b) and (c) of this section shall remain subject to the Part 11 C technical criteria of the Regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the Board. (e) In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall he subject to the technical criteria of Part II C of the Regulations. Nothing in this section shall preclude an operator from constructing to a more stringent standard at the operator's discretion. Sec. 11.6-301. Design Manual (a) The City will utilize the policy, criteria and information, including the specifications and standards of the Design Manual for the proper implementation of the requirements of this chapter. (b) The City Manager may update or revise the Design Manual from time to tune, provided that such updates or revisions pertain to procedural matters or are consistent with standard engineering practices and do not conflict with the Regulations. Sec. 11.6-302. Exceptions. (a) The Administrator may grant exceptions to the technical requirements of Part II B or Part II C of the Regulations, provided that (0 the exception is the minimum necessary to afford relief (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this chapter are presen'ed, (iii) granting the exception will not confer any O-Stormwater Management May 15,2014 15 special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter. (b) Exceptions to the requirement that the land-disturbing activity obtain the required Virginia Stornnvater Management Program Authority Permit shall not be given by the Administrator, nor shall the Administrator approve the use of a BMP not referenced in 9VAC25-870-65 of the Regulations, or not duly approved by the Director. (c) Exceptions to requirements for phosphorus reductions shall not be allowed, unless offsite options otherwise permitted pursuant to 9VAC25-870-69 of the Regulations have been considered and found not available. (d) Nothing in this section shall preclude an operator from constructing to a more stringent standard at the operator's discretion. (e) A request for an exception from the stormwater management technical requirements shall be submitted in tinting to the Administrator for approval. (9 The Administrator may grant an exception, pursuant to section (a) of this section, from strict compliance with the requirements of this chapter, provided that acceptable mitigation measures are provided. However, to be eligible for an exception, the applicant must demonstrate to the satisfaction of the Administrator that the downstream waterways will not be subject to: (1) Deterioration of existing culverts, bridges, dams and other structures; (2) Deterioration of biological functions or habitats; (3) Accelerated stremnbank or streambed erosion or siltation; and (4) Increased threat offlood damage to public health, life and property. If a comprehensive stormwater management facility, designed to control stormwater quantity or quality, currently operates or is the subject of a Virginia Stormwater Management Authority Permit issued by the City is to be constructed downstream of the proposed development, the City has the option to require the developer to pay a fee for its share of the responsibility of the comprehensive stormwater management facility. Paying a fee in lieu of stormwater management practices does not relieve the developer of meeting any requirements of this chapter other than the negotiated relief. The developer is responsible for ensuring that downstream properties are not negatively impacted by stormwater flow, velocity, or quality leaving the developed site. 0-Stonnwater Management May 15,2014 16 Sec.. 11.6-400. Long-Term Maintenance of Permanent Stormwater Facilities. (a) The Administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to General Permit termination or earlier as required by the Administrator and shall at a minimum: (L) Be submitted to the Administrator for review, approval and recordation prior to the approval of the stormwater management plan; (2) Be stated to run with the land; (3) Provide for all necessary access to the property for purposes of maintenance and regulatory inspections; (4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and (5) Be enforceable by all appropriate governmental parties. (b) The maintenance agreement shall provide for access to stormwater management,facilities at reasonable times for periodic inspection by the City, or its contractor or agent or other designee, and for regular assessments of landowners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. (c) When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the City shall be authorized to enter such public or private property at any reasonable time for the purpose of inspection. Entry onto the property includes the right to enter when there is a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. (d) Maintenance of all stormwater management facilities shall be ensured through the maintenance agreement recorded with the Clerk of the Roanoke City Circuit Court prior to final plan approval. The agreement shall identify the responsible party for carrying out the maintenance, including the owner, governmental agency or other legally established entity to be permanently responsible for maintenance. 0-Stormwater Management May 15,2014 17 (c) The operation and maintenance of stormwater management ,/ihcilities, unless assumed by a governmental agency, shall remain with the responsible party and shall pass to any successor in title. Any changes to the maintenance agreement shall be reviewed and approved by the City prior to plan approval. (l) As part of the maintenance agreement, a schedule shall be developed for when and hour often maintenance will occur to ensure proper function of the stormwater management facility. The agreement shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled maintenance, shall also include "failure to maintain" provisions, and shall include provisions for submission of inspection and maintenance reports to the Administrator. The terms of the maintenance agreement shall incorporate and be consistent with the requirements of the operation and maintenance portion of the stormwater management plan as described in the Design Manual. Sec. 11.6-40/. Monitoring and Inspections. (a) The permittee must notify the Administrator before the commencement of construction. The permittee must notify the Administrator before construction of critical components of a stormwater rnauagenent facility. (b) The Administrator shall inspect the land-disturbing activity during construction for: (1) Compliance with the approved erosion and sediment control plan; (2) Compliance with the approved stormwater management plan; (3) Compliance with the approved pollution prevention plan as well as updating and implementation of the pollution prevention plan; and (4) Development and implementation of any additional control measures necessary to address a TMDL. (c) The Administrator may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private,for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter. (d) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof or such other legal arrangement or instrument, the Administrator may also enter any establishment or upon any property, public or private,for the purpose of initiating or maintaining appropriate actions which are required by the Virginia Stormwater Management Program Authority Permit conditions associated with a land- disturbing activity when a permittee, after proper notice, has failed to take 0-Stonnwater Management May 15,2014 18 arccrptable action within the time specified. (e) Periodic inspections of the stormwater management system construction shall be conducted by the staff of the City. Stormwater management construction inspection shall utilize the approved stormwater management plans and specifications in reviewing compliance with the requirements of this chapter. The City shall perform inspections that can be confirmed by visual means only. (f) Pursuant to Section 10.1-603.12:2 of the Code of Virginia, the Administrator may require every Virginia Stormwater Management Program Authority Permit applicant or permittee, or any such person subject to the Virginia Stormwater Management Program Authority Permit requirements under this chapter, to furnish, when requested, such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of any discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter. (g) Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the Administrator pursuant to the City's adopted and State Board approved inspection program, and shall occur at least once every five (5)years. (h) Upon completing the construction of stormwater facilities, the permittee is responsible for certifying to the Administrator that the completed project is in accordance with the approved plans and specifications and the permittee shall conduct regular inspections during construction sufficient to adequately document compliance. All inspections conducted by the permittee shall be documented and written reports prepared that contain the following information: (1) The date and location of the permittee inspection; (2) Whether construction is in compliance with the approved stormwater management plan; (3) Variations from the approved construction specifications; (4) Corrective actions that have been taken to correct previous violations; (5) Any violations that exist; and (6) The name and signature of the person who performed the inspection. (i) If the inspections, conducted by the City,find any violations, the permittee O-Stormwater Management May 15,2014 19 shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until any violations are corrected and all work previously completed has received approval by the Administrator. (j) The permittee shall provide inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management. (k) If the Administrator determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with Article VII of this chapter. (1) The permittee shall be responsible for the maintenance and repair of stormwater management facilities during construction. Following the completion and acceptance of construction, a responsible party shall be designated for the maintenance and repair of stormwater management facilities. Persons responsible for the maintenance and repair of stormwater- management facilities shall perform periodic inspection, maintenance, and repair, in conformance with the applicable maintenance agreement. All inspection, maintenance, and repair activities shall be documented. (m) All stormwater structures and management facilities shall be properly maintained, repaired, and inspected as required to meet the performance requirements as specified in the approved stormwater facility maintenance agreement, including any stormwater structure or stormwater management facility existing as of the effective date of this chapter. (n) In addition to the inspections performed by the permittee or landowner, the City shall periodically inspect all stormwater management facilities. In the event that the stormwater management facility has not been maintained or becomes a danger to public safety, public health, or the environment, the City shall notify the landowner by registered or certified mail. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the landowner. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the City reserves the authority to perform the work and to recover the costs from the landowner. (o) Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all 0-Stonnwater Management May IS,2014 20 inspections, maintenance and repairs, and shall retain the records for at least,five (5)years. (p) Records of inspection and maintenance ht' the responsible party shall be submitted to the C'Itr annually. (q) The City will conduct post-construction inspections of stornnvrater management facilities at least once every jii,e (5)years. Sec. 11.6-402. As-built plans. (a) The pernnitec shall submit as-built plans, acceptable to the City, and supporting documentation, acceptable to the Administrator, for any stornnvater management facility and storm drainage system associated with the project after,final construction is completed, prior to the City's final inspection. The plan and documentation must show that the installed Stormwater management facility and applicable storm drainage system components conform to the requirements contained within the approved stormwater management plan. (h) As-built plans and certification documentation shall comply with all applicable requirements in the Design Manual. (c) The as-built plans shall be sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. Sec. 11.6-500. Hearings. (a) Any Virginia Stormwater Management Program Authority Permit applicant or permittee, or person subject to the requirements of this chapter, aggrieved by any action of the Administrator taken without a formal hearing, or by inaction of the Administrator, may request, in writing, a hearing by the City of Roanoke Stormwater Board, provided a petition requesting,such hearing is filed with the Administrator within thirty (30) days after notice of such action is given by the Administrator. (b) The Stormwater Board shall consist of the members of the City Planning Commission and shall meet and consider any appeal at a regularly scheduled public meeting of the City Planning Commission. All appeals shall be heard in a manner consistent with the conduct of regularly scheduled City Planning Commission public meetings. (c) Hearings shall be held in accordance with section 62.1-44.15:45 of the Code of Virginia. (d) A verbatim record of the proceedings of such hearings shall be taken and O-Stonnwater Management May 15,2014 21 filed with the Stormwater Board. Depositions may be taken and read as in actions at law. See. 11.6-501. Appeals. Any parts' aggrieved by any action taken pursuant to this chapter may seek a declaration of that party's rights pursuant to Article 17, Declaratory Judgments, of Title 8.01, Civil Remedies and Procedure, of the Code of Virginia. Such action shall he brought, if at all, in the Circuit Court for the City of Roanoke. Sec. 11.6-600. Enforcement—Civil Penalties. (a) Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. (1) Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following: (i) No state permit registration; (ii) No SWPPP; (iii) Incomplete SWPPP; (iv) SWPPP not available for review; (i) No approved erosion and sediment control plan; (vi) Failure to install stormwater BMPs or erosion and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (ix) Failure to conduct required inspections; (x) Incomplete, improper; or missed inspections; and (xi) Discharges not in compliance with the requirements of section 9VAC 25-880-70 of the Regulations. (b) The Administrator may issue a summons for the collection of the civil penalty, and the action may be prosecuted in the appropriate court. (c) In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. (d) Any civil penalties assessed by a court as a result of a summons issued by the City shall be paid into the treasury of the City to be used for the purpose of minimizing,preventing, managing, or mitigating pollution of the waters of the City and abating environmental pollution therein in such O-Stonnwater Management May 15,2014 22 manner as the court may, by order, direct. (c) If the Administrator determines that there is a failure to comply with the Virginia Stormwater Management Program Authority Permit conditions or determines that there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the Virginia Stormwater Management Program Authority Permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the Virginia Stormwater Management Program Authority Permit application or by delivery at the site of the development activities to the agent or employee supervising such activities. (1) The notice shall specify the measures needed to comply with the Virginia Stormwater Management Program Authority Permit conditions and shall speck the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (h) or the Virginia Stormwater Management Program Authority Permit may be revoked by the Administrator. (2) The notice shall specify a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed, as well as a statement that the determination of violation may be appealed by.filing a written notice of appeal within thirty (30) days of service of notice of violation. (3) If a permittee fails to comply with a notice issued in accordance with this Section within the time specified, the Administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required Virginia Stormwater Management Program Authority Permit to cease all land-disturbing activities until the violation of the Virginia Stormwater Management Program Authority Permit has ceased, or an approved plan and required Virginia Stormwater Management Program Authority Permits are obtained, and specified corrective measures have been completed. Such orders shall be issued in accordance with the City's procedures. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the City, or by personal delivery by an agent of the Administrator. However, if the Administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise O-Stonnwater Management May 15,2014 23 substantially imparting wake quality, it nury issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a herein =, after reasonable notice, as to the time and place thereof; to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the Administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with this chapter. (f) In addition to any other remedy provided by this chapter, if the Administrator, or the Administrator's designee, determines that there is a failure to comply tivith the provisions of this chapter, they may initiate such it formal or formal administrative enforcement procedures in a manner that is consistent with the City's procedures. (g) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any Virginia Stormwater Management Program Authority Permit condition issued by the Administrator may be compelled in a proceeding instituted in the City of Roanoke Circuit Court by the City to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. (Ir) The stop work order shall be in effect until the City confirms that the land- disturbing activity is in compliance with the requirements of this chapter and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the Virginia Stormwater Management Program Authority Permit may be revoked and the applicant shall be deemed to be in violation of this chapter and upon conviction shall be subject to the penalties provided by this chapter. Sec. 11.6-601. Enforcement—CriminalPenalties. Any person who willfully or negligently violates any provision of this chapter, any regulation or order of the Board, any order of either a Virginia Stormwater Management Program authority authorized to enforce this chapter or the Department, any condition of a Virginia Stormwater Management Program Authority Permit or state permit, or any order of a court seeking to enforce this chapter, shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than $2,500 nor more than $32,500, either or both. Any person who knowingly violates any provision of this chapter, any regulation or order of the Board, any order of the Virginia Stormwater Management Program authority or of the Department, any condition of a Virginia Stormwater Management Program Authority Permit or state permit, or any order of a court issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter or knowingly renders inaccurate any monitoring device or method required to be 0-Stormwater Management May 15,2014 24 maintained under this chapter, shall be guilty of a felony punishable by a term of imprisonment of not less than one (1) year nor more than three (3) years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve (12) months and a fine of not less than $5,000 nor more than $50,000 for each violation. Any defendant who is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine of not less than $10,000. Each day of violation of each requirement shall constitute a separate offense. Sec. 11.6-602. Enforcement—Restoration of Lands. (a) Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, stop work order, emergency order, or Virginia Storm water Management Program Authority Permit requirements. (b) In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall be covered by the performance bond, or become a lien upon the property until paid, or both. Sec. 11.6-603. Enforcement, Holds on Certificates of Occupancy. Certificates of occupancy (temporary or permanent) shall not be granted until the stormwater management features, including but not limited to, all storm drains, culverts, conveyances, and BMPs, have been installed according to the approved plans, inspected, as-built and accepted by the City. Sec. 11.6-700. Fees. (a) Fees to cover costs associated with implementation of a 'Virginia Stornwater Management Program related to land-disturbing activities and issuance of General Permit coverage and Virginia Stormwater Management Program Authority Permits shall be such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium. When a site or sites has been purchased for development within a previously permitted common plan of development or sale, the Applicant shall be subject to fees in accordance with the disturbed acreage of the Applicant's site or sites according to the Fee Compendium, as adopted. (b) The fee for review of the stormwater management plan shall accompany such plan when it is submitted for review and shall be such as is prescribed,from time to time, by City Council and published in the City's Fee Compendium. (c) Fees for the modification or transfer of registration statements from a 0-Stormwater Management May 15,2014 25 General Permit issued by the State Board shall be such as are prescribed, from time to tune, by City Council and published in the City's Fee Compendium. If the General Permit modifications result in changes to stormwater management plans that require additional review by the City, such reviews fees shall be as such as are prescribed,from time to time, by City Council and published in the City's Fee Compendium. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the General Permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial Virginia Stormwater Management Program Authority Permit fee paid and the Virginia Stormwater Management Program Authority Permit fee that would have applied for the total disturbed acreage such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium. (d) Annual Virginia Stormwater Management Program Authority Permit maintenance shall be imposed in accordance with the fee as such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium, including fees imposed on expired permits that have been administratively continued. With respect to the General Permit, these fees shall apply until the Virginia Stormwater Management Program Authority Permit coverage is terminated. (e) General Permit coverage maintenance fees shall be paid annually to the City by the anniversary date of General Permit coverage. No permit will be reissued or automatically continued without payment of the required fee. General Permit coverage maintenance fees shall be applied Until a Notice of Termination is effective. (f) The fees set forth in subsections (a) through (d), above, shall apply to: (1) All persons seeking coverage under the General Permit. (2) All permittees who request modifications to or transfers of their existing registration statement for coverage under a General Permit. (3) Persons whose coverage under the General Permit has been revoked shall apply to the Department for an Individual Permit for Discharges of Stormwater From Construction Activities. (4) VSMP Authority Permit and VSMP Authority Permit coverage maintenance fees may apply to each General Permit holder. (g) No General Permit application fees will be assessed to: (1) Permittees who request minor modifications to General Permits as defined in Section 11.6-101 of this chapter. Permit modifications at the request of the permittee resulting in changes to stormwater O-Stomiwater Management May 15,2014 26 management plans that require additional review by the Administrator shall not be exempt pursuant to this section. (2) Permittees whose General Permits are modified or amended at the initiative of the Department, excluding errors in the registration statement identified by the Administrator or errors related to the acreage of the site. (3) Permittees whose permit is for a single-family detached residential structure, within or outside a common plan of development or sale. Sec. 11.6-800. Performance Bond. (a) Prior to issuance of any Virginia Stormwater Management Program Authority Permit, the Applicant may be required, at the City's discretion, to submit a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the City to ensure that measures could be taken by the City at the Applicant's expense should the Applicant fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of the Applicant by the Virginia Stormwater Management Program Authority Permit conditions as a result of the Applicant's land-disturbing activity. If the City takes such action upon such failure by an Applicant, the City may collect from the Applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within sixty (60) days of the completion of the requirements of the Virginia Stormwater Management Program Authority Permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof shall be refunded to the Applicant or terminated. (b) The project surety shall be approved by the City prior to plan approval. The applicant shall be notified of project surety requirements during the plan review process. (c) The amount of the installation performance security shall be the total estimated construction cost of the storm drainage systems and stormwater management facilities approved under the Virginia Stormwater Management Program Authority Permit, plus ten (10) percent as an allowance for administrative costs, inflation and damage to existing facilities. (d) The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. (e) These requirements are in addition to all other provisions of the City's O-Stonnwater Management May 15,2014 27 requirements relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. (f) Al the request of the permittee, at the completion of the requirements of the approved storniwater management plan in the form of as-built plans and certification documentation, such bond, cash escrow, letter of credit or other legal arrangement, shall be refunded to the permittee or terminated. (g) A ,final inspection by the City is required before the release of any performance securities can occur. 3. This ordinance shall take effect July 1, 2014. 4. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: itALLits \nrt WV31,0, City Clerk. O-Stonnwater Management May 15,2014 28 -3 `;\\_ (,,A` IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39956-051914. A RESOLUTION amending the Fee Compendium to create new fees for issuing permits in connection with the Virginia Stormwater Management Program;and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the following fees: Virginia Stormwater Management Program Permit Issuance Fees Single Family Residence $209 10,000 square feet—5 acres $1,944 5 acres— 10 acres $2,448 10 acres— 50 acres $3,240 50 acres — 100 acres $4,392 100 acres+ $6,912 Virginia Stormwater Management Program Permit Maintenance Fee Single Family Residence $50 10,000 square feet— 5 acres $400 5 acres— 10 acres $500 10 acres— 50 acres $650 50 acres— 100 acres $900 100 acres+ $1,400 Virginia Stormwater Management Program Permit Modification or Transfer Fee Single Family Residence $20 10,000 square feet— 5 acres $200 5 acres— 10 acres $250 10 acres— 50 acres $300 50 acres — 100 acres $450 100 acres+ $700 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution will become effective July 1,2014,and shall remain in effect until amended by this Council. ATTEST: 5i:e:tka;J)e) Ovft- City Clerk. LL _. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 19, 2014 Subject: Stormwater Management Ordinance and Adoption of Permit Fees Background: The Virginia Soil and Water Conservation Board adopted final Stormwater Management Regulations (4VAC50-60) on May 24, 2011 . The amended regulations require that all localities within the Commonwealth of Virginia administer and operate their own Virginia Stormwater Management Program (VSMP). The changes to the regulations essentially mean that the City of Roanoke must implement and enforce a program that reduces pollutants in stormwater runoff from construction activities and post - development conditions as well as control flooding onto downstream properties. The regulating agency for these regulations shifted on July 1 , 201 3 from the Department of Conservation and Recreation (DCR) to the Department of Environmental Quality (DEQ). The ultimate date for statewide implementation is July 1 , 2014. However, DEQ is requiring that the City of Roanoke submit a final program package, which would include an adopted ordinance, to their office no later than June 15, 2014. The state provided a model ordinance for localities to use in developing their individual ordinances. This model ordinance was reviewed on a regional level with Roanoke County, Town of Vinton, City of Salem, Town of Christiansburg, and Town of Blacksburg. In addition, the state has indicated that they will be providing templates and agreements to provide guidance to developers in terms of preparing a Stormwater Pollution Prevention Plan. City Council was briefed on the new regulations and how they affect our current stormwater management program on Dec. 2, 201 3. Shortly after the briefing the draft ordinance was posted on the Planning Department website for review and comments. City staff conducted two public meetings and invited any interested parties to attend. Representatives of the Roanoke Regional Homebuilders Association were in attendance at the two public meetings. Staff compiled comments from the public meetings and responded to each comment with a recommended response (also posted on the Department webpage). The proposed stormwater ordinance has been updated based on public comment and DEQ's review and recommendations. The same process was completed with the updating of the City's Stormwater Management Design Manual. This document provides guidance and support to developers when implementing the ordinance. Changes to the manual are handled as administrative approval by the City Manager. Considerations: The City of Roanoke is a Phase II MS4 Community and is currently administering a stormwater management program. However, implementation of the new regulations has given the City of Roanoke the opportunity to evaluate its existing stormwater program and how it has affected development. The current ordinance requires that any project that disturbs a threshold of 5,000sf or more of land address stormwater leaving the site. The current threshold was reviewed and an increase from 5,000sf to 10,000sf of land disturbance is recommended. A review of the types of projects that occur between this range revealed that no increased stormwater benefit was achieved by implementing the regulations at this low of a threshold. Therefore, land disturbance less than 10,000 sf will no longer be subject to these requirements. The review indicated that raising the threshold above 10,000sf would affect the City's ability to meet state water quality objectives. The proposed Stormwater Management Ordinance consists of eight articles. Article I contains general provisions related to the purpose and intent of the ordinance and how the ordinance is applied. The ordinance will be administered by the Development Review Coordinator designated by the Director of the Department of Planning Building and Development. Residential, commercial, industrial or institutional land development activities that involve land-clearing or soil movement are regulated. This article also contains the definitions of certain terms where they have a specialized meaning as used in the ordinance. Article II contains the procedures for applying for a VSMP Authority Permit including the submittal, review and approval of stormwater pollution prevention plans. Article III contains technical criteria for stormwater management design and construction for land disturbance activities as well as grandfathering provisions set forth by the state. Procedures for requesting an exception from existing regulations are provided here as well. Article IV contains requirements for monitoring and inspections of active construction sites as well as provisions for long-term inspection and maintenance requirements after the project is complete. Article V contains provisions for hearing and appeals. Article VI includes provisions for enforcement of the ordinance and penalties for violations. The article establishes criminal penalties for violations. 2 Article VII includes information regarding permit fees. Fees will be charged for the initial permit, modifications and maintenance. Fee amounts have been set forth by the state and are shared between the two entities with the state receiving 28% of the revenue and the City receiving 72%. The City's share will be used to offset costs incurred by the City to manage and enforce these regulations. The City will need to adopt the fees by resolution as an amendment to the City's Fee Compendium. Article VIII contains information regarding performance bonds and requirements for release. Copies of the proposed ordinance and the amendment to the Fee Compendium are attached for City Council's review and information. Recommended Actions: Staff finds that the proposed stormwater management ordinance will satisfy the DEQ requirements for a local stormwater program. It is recommended that Council adopt the attached ordinance to repeal Chapter 11 .4, Stormwater Management of the Code of the City of Roanoke (1979), as amended and adopt new Chapter 1 1 .6, Stormwater Management of the Code of the City of Roanoke (1979), as amended. This ordinance shall have an adoption date of May 19, 2014 and an effective date of July 1 , 2014. In addition, it is recommended that Council adopt the attached resolution amending the Fee Compendium to include the permit fees set forth by the Commonwealth. This resolution shall have an effective date of July 1 , 2014. ristopher P. Morrill City Manager Distribution: Council Appointed Officers 3 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + CITY OF ROANOKE, PDV PLANNING, BLDG. , DEV 215 CHURCH RM 166 ROANOKE VA 24011 NOTICE OF PUBLIC REFERENCE: 80076514 NEARING 13601234 Stormwater Mgmt Ordinance I The Council of the City of Roanoke will hold a public hearing on Monday,May State of Virginia 19,2014,at 7:00 p.m.,or as soon thereafter as i the City of Roanoke matter ma be heard, Council Chamber, Room 450,in the Noel C.Taylor Municipal I, (the undersigned) an authorized representative Church Avenue, S.W., Corporation, which corporation Roanoke, Virginia, to of the Times-World Cor P P consider adopting an is publisher of the Roanoke Times, a daily ordinance repealing Chapter newspaper published in Roanoke, in the State of 11. ,Sto anwater Virginia, do certify that the annexed notice was Chapter/1.6,Stormwater Management,Code of the published in said newspapers on the following City of Roanoke(1979),as amended. dates : A copy of the full ordinance 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 and interested person may appear on the City/County of Roanoke, Commonwealth/State of above date and be heard on y/ y oanoe, this matter. If you are a Virg subscribed Sworn and bscribed before me this person with a disability who �,h needs accommodations for 13 day of MAY 2014. Witness my hand and this hearing,please contact the City Clerk's Office at offs' ial seal . (540)853-2541, before 17�� c+Ctel,--/ noon o n the ova. aye/V V before the date of that Notary Public heannglisted ebove: 23rdd hod API 2014.thlsl Ci \\\\t 0011111111//00` S TA Stephanie Clerk M.Moon,MMC City �P'l pHWEga/Ai 0S. (13601234) •V_,,erpA �. G PUBLISHED ON: 05/09 _ � -0—Ewas, /'///0yyNolARYi 0/.0' TOTAL COST: 228 .48 FILED ON: 05/13/14 + Authorized ,� 7 Signature: Billing Services Representative /L4/14s741 Notice of Public Hearing The Council of the City of Roanoke will hold a public hearing on Monday, May 19, 2014, 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 adopting an ordinance repealing Chapter 11.4, Stormwater Management, and adding Chapter 11.6, Stormwater Management, Code of the City of Roanoke (1979), as amended. A copy of the full ordinance 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 and interested person 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 (540) 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 23rd day of April , 2014. Stephanie M. Moon, CMC City Clerk Note to Publisher: Please publish once in The Roanoke Times, Legal Notices on Fri I May 9, 2014. Please bill: Ian Shaw Planning Building and Development Room 166,Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 Please send affidavit of publication to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 Stormwater Management Ordinance 05/19/2014 05:17 PM Mr. Mayor and Members of City Council; Regarding the Stormwater Management Ordinance that you will be voting on tonight, I would like to bring to your attention a couple of items relating to the Virginia Stormwater Management Program (VSMP) Authority Permit Requirement Exemptions - Sec 11.6-102 (d) (3) & (4). I have included as an attachment. These exemptions are more stringent than the DEQ exemptions, also included in the attachment. Specifically, 1. The DEQ requires construction activities resulting in land disturbance equal to or greater than one acre to apply for VSMP Permit Coverage, whereas,the proposed City Ordinance has lowered that threshold to less than 10,000 sf. No other adjoining localities are deviating from the DEQ requirements. My concern is that this will discourage developers from working in Roanoke City, and place a hardship on smaller developments. 2. DEQ is anticipating not requiring any single family detached dwellings to apply for a VSMP, unless it's part of a Common Plan of Development. The proposed Ordinance requires a VSMP on single family residences, if over 1 ac. is disturbed. Again a deviation from the DEQ, that may be unnecessary. Unfortunately, due to other obligations this evening I'm unable to attend tonight's meeting. Thank-you for your consideration. W. Michael Woolwine, Vice President Hughes Associates Architects & Engineers Architecture n Engineering n Consulting