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HomeMy WebLinkAboutCouncil Actions 12-15-14 FERRIS 40123-121514 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 15, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. All present. The Invocation was delivered by The Reverend Carl Utley, Interim Pastor, Raleigh Court Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 18 at 7:00 p.m., and Saturday, December 20 at 4:00 p.m., and video streamed by Internet through Rev.Net Technologies, Inc., at http://www.wrev.net. 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: ARCHITECTURAL REVIEW BOARD - TWO VACANCIES FOUR—YEAR TERMS OF OFFICE ENDING OCTOBER 1, 2018 BOARD OF ZONING APPEALS — ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2015 FAIR HOUSING BOARD - TWO VACANCIES UNEXPIRED TERMS OF OFFICE ENDING MARCH 31, 2016 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - ONE VACANCY — (AT LARGE) THREE-YEAR TERM OF OFFICE ENDING JUNE 30, 2017 THE COUNCIL IS CURRENTLY ACCEPTING APPLICATIONS FOR MEMBERSHIP ON THE YOUTH SERVICES CITIZEN BOARD. TERMS OF OFFICE WILL CONSIST OF 4-ONE, 4-TWO, 5-THREE, AS WELL AS TWO STUDENT MEMBERS, EACH COMMENCING JULY 1, 2015.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: Recognition of Melissa Register as the 2014 Roanoke Regional Chamber Officer of the Year. 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. William Tanger, Troy Larimer, Ben Early, Robert Gravely, Brian McConnell and Martin Jeffrey appeared before the Council. 3 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The Mayor called attention to four requests for Closed Meetings. C-1 Minutes of the regular meeting of Council held on Monday, September 15, 2014; and special meeting of Council held on Monday, September 29, 2014. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Sherman P. Lea, Chairman, Roanoke City Council Personnel Committee, requesting that City Council convene in a Closed Meeting to discuss a personnel matter, being mid-year performance evaluations for Council- appointed officials, pursuant to Section 2.2-3711 (A)(1), Code of Virginia(1950), as amended. RECOMMENDED ACTION: Concurred in the request. Matter was carried over until January 5, 2015 Council meeting. C-3 A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the disposition of City-owned property located in the Coyner Springs area of Botetourt County, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the disposition of City-owned property located at 2750 Hoover Street, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 4 C-5 A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the award of a public contract involving the expenditure of public funds, including the terms or scope of such contract, where discussion in open session would adversely affect the bargaining position or negotiation strategy of the City of Roanoke, pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-6 A report of the City Manager transmitting a copy of the City of Roanoke Wireless Telecommunications Facilities Policy and Regulations Background Information and General Recommendations prepared by the Roanoke Valley Alleghany Regional Commission (RVARC). RECOMMENDED ACTION: Received and filed. C-7 A report of the City Manager transmitting a proposed revision to The Council of the City of Roanoke, Virginia Policy on HUD Funds, which would establish the next target area neighborhood for the use of HUD funds, and other related amendments. RECOMMENDED ACTION: Received and filed. C-8 Reports of qualification of Jerry P. Smith as a member of the Building and Fire Code Board of Appeals for a term of office ending June 30, 2017; and Frederick W. Bromm as a member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2015, and ending December 31, 2017. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 5 ITEMS RECOMMENDED FOR ACTION: 1. Authorization to enter into a Joint Intergovernmental Agreement with the Counties of Roanoke, Franklin, Craig, Bedford, Floyd, Botetourt, and Montgomery for the provision of Medicaid eligibility and enrollment services. Adopted Ordinance No. 40123-121514 (7-0). 2. Acceptance and appropriation of funds in connection with a grant award from the Appalachian Power Economic Development Team for website development activities related to the Economic Development Department, with the City of Roanoke serving as fiscal agent for such funds. Adopted Resolution No. 40124-121514 and Budget Ordinance No. 40125-121514 (6-0, Council Member Rosen abstained from the vote due to a conflict of interest). 3. Acceptance and appropriation of funds in connection with a Hazardous Materials Emergency Preparedness Planning Subgrant from the United States Department of Transportation through the Commonwealth of Virginia Department of Emergency Management (VDEM). Adopted Resolution No. 40126-121514 and Budget Ordinance No. 40127-121514 (7-0). 4. Transfer of funds in connection with an acceptable site for a third sealed trash compactor and further expansion of the compactor zone; and amendment of the City Code to revise the definition of the Sealed Compactor Zone. Adopted Budget Ordinance No. 40128-121514 and Ordinance No. 40129-121514 (7-0). 5. Acceptance of a donation from Downtown Roanoke, Inc., of eight Big Belly Solar-powered litter compactors for use within the Central Business District. Adopted Resolution No. 40130-121514 (7-0). 6. Adoption of a resolution to request discontinuation of Aid to the Commonwealth. Adopted Resolution No. 40131-121514 (7-0). 6 7. Acceptance and appropriation of funds in connection with the Office of Lead Hazard Control and Healthy Homes FY2014 Lead-based Paint Hazard Control Grant from the United States Department of Housing and Urban Development. Adopted Resolution No. 40132-121514 and Budget Ordinance No. 40133-121514 (7-0). COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Response to Citizen Inquiry • At the December 1, 2014 Council session, a local cab driver, Troy Larimer, asked whether the City could enforce its taxicab regulations against companies like Uber. The City Attorney has provided you with a written report on this matter and provided a copy of his report to Mr. Larimer. Roanoke Parks and Recreation Received State Recognition • At its recent annual conference in Hot Springs, the Virginia Recreation and Park Society recognized Roanoke Parks and Recreation by selecting Elmwood Park for Best New Renovation/Addition for Parks, Playgrounds, Blueways, Greenways, and Trails. • This prestigious state-wide program honors individuals, agencies and organizations throughout Virginia which have demonstrated excellence during the previous calendar year. More than 90 applications were received vying for awards in 13 different categories. Social Media Success • On Wednesday, December 10, the "City of Roanoke, Virginia — Communications" Facebook page hit 40,000 "likes." • The page reaches hundreds of thousands of users each week with photos and different news items from the city. • Over the last year, the "like" count on the page has gone up by more than 12,000. • To celebrate the milestone, the Office of Communications held a contest for users with the winner receiving a $40.00 gift card to downtown Roanoke. 7 Snow Removal Information Available On-line • In anticipation of winter weather, the city has posted a special page on its website containing information about snow removal. • Citizens can go online to www.roanokeva.gov/snowremoval to learn how to receive news and updates from the city during snow events, contact information for utility outages, priorities for clearing city streets, and more. Dickens of a Christmas • The last evening for this annual program • Friday, December 19 • Activities are from 6:00 p.m. to 10:00 p.m. • Pet Costume Contest will be held. Also, boxes will be decorated and ready to accept donations of pet food to benefit the SPCA's Pets Eat Too program. • Thanks to the Coca-Cola Snow Zone, it will be snowing in downtown on Friday night. Bring your mittens, pull on that stocking cap, and prepare to zoom down the ramp in this winter wonderland. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational grants and programs; and a report of the Director of Finance concurring in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40134-121514 (7-0). b. A report of the Roanoke City School Board requesting amendments to the Schools' 2014 — 2015 Categorical Budget; and a report of the Director of Finance concurring in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40135-121514 (7-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution recognizing Edward B. Walker as the 2014 Citizen of the Year. Adopted Resolution No. 40136-121514 (7-0). 8 b. A resolution supporting the goal of depoliticizing the process of redrawing boundary lines for state and congressional legislative districts through an approach that advocates for fairness, transparency, and accountability while keeping the citizens' interests in mind and encouraging healthy debate and public participation in the process as the fundamental principles in the redistricting process. Adopted Resolution No. 40137-121514 (7-0). 11 . MOTIONS AND MISCELLANEOUS BUSINESS: NONE. 12. RECESS - 3:38 P.M. THE COUNCIL MEETING WAS IN RECESS UNTIL 7:00 P.M., FOR A CLOSED MEETING IN COUNCIL'S CONFERENCE ROOM, ROOM 451. 9 ait lam` ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 15, 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Price was absent. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. CERTIFICATION OF CLOSED MEETING. (6-0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 18 at 7:00 p.m., and Saturday, December 20 at 4:00 p.m., and video streamed by Internet through Rev.Net Technologies, Inc., at http://www.wrev.net. Council Meetings are offered with closed captioning for the hearing impaired. 10 A. PUBLIC HEARINGS: 1. Request of ABMAR Valley View LLC, to rezone property located at 1920 Valley View Boulevard, N. W., from CG, Commercial-General District, to CLS, Commercial-Large Site District. Roger Elkin, Hall and Associates, Spokesperson. Adopted Ordinance No. 40138-121514 (6-0). 2. Receive citizen comments on a proposal to various sections of the Charter in order to remove the Office of Director of Finance as a Council appointed officer, to place the appointment of the Director of Finance within the responsibilities of the City Manager, to designate certain duties of the Director of Finance, to allow Council to establish additional duties of the Director of Finance by ordinance, to establish the date on which the term of Office of the Director of Finance as a Council appointed officer ends and the date on which the City Manager is first authorized to make the appointment of a Director of Finance, and to make such other amendments to implement the appointment of the Director of Finance by the City Manager. Court G. Rosen, Chair, Legislative Committee. Adopted Resolution Nos. 40139-121514 and 40140-121514 (5-1, Mayor Bowers voting no). 3. Approval of a request of Child Health Investment Partnership (commonly known as CHIP), for designation of its real property located at 1201 Third Street, S. W., known as Official Tax Map No. 1023006, as exempt from taxation. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40141-121514 (5-0, Council Member Rosen abstained from voting due to a conflict of interest). B. 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. Brian McConnell appeared before the Council. C. ADJOURNMENT - 7:22 P.M. 11 CITY OF ROANOKE ` • t OFFICE OF THE CITY CLERK R, x 215 Church Avenue,S.W.,Suite 456 NO bt Roanoke,Virginia 24011-1536 ,e r y 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 December 18, 2014 Reverend Carl Utley Raleigh Court Presbyterian Church 1837 Grandin Road Roanoke, Virginia 24015 Dear Reverend Utley: 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, December 15, 2014. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, -Ahtik.44•414—dYY) ryiwiglivsoks Stephanie M Moon Re nolds, MMC City Clerk SMR:aa OFFICER MELISSA REGISTER ROANOKE REGIONAL CHAMBER OF COMMERCE 2014 ROANOKE CITY POLICE OFFICER OF THE YEAR ON DECEMBER 4, 2013, OFFICER MELISSA REGISTER WAS THE FIRST OFFICER ON THE SCENE OF A SHOOTING IN THE 1600 BLOCK OF QUEEN ANNE DRIVE IN SOUTHEAST. WHEN OFFICER REGISTER ARRIVED, SHE FOUND MULTIPLE PEOPLE IN THE HOME WHERE THE SHOOTING HAPPENED. SHE CALMLY AND PROFESSIONALLY TOOK COMMAND OF THE SCENE. SHE OBSERVED AND PRESERVED IMPORTANT EVIDENCE AND WORKED TOGETHER WITH OTHER OFFICERS TO SEPARATE WITNESSES INSIDE THE RESIDENCE. OFFICER REGISTER ALSO ADMINISTERED FIRST AID TO THE VICTIM IN THE SHOOTING UNTIL PERSONNEL FROM FIRE-EMS ARRIVED ON THE SCENE. FOR ALL OF OFFICER REGISTER'S INCREDIBLE EFFORT THAT DAY, SHE IS THE ROANOKE REGIONAL CHAMBER OF COMMERCE'S JANUARY OFFICER OF THE MONTH. Sfli waft 44- 1- December 15, 2014 Mr. Shane Sawyer Regional Planner Ill Roanoke Valley-Alleghany Regional Commission PO Box 2569 Roanoke Virginia 24010 RE: Letter of Support: Roanoke River Blueway Dear Mr. Sawyer, The City of Roanoke has become aware of the efforts of the Roanoke Valley - Alleghany Regional Commission and others to help create a Roanoke River Blueway. Roanoke recognizes the needs of the total community for recreation. We believe the concept of a Roanoke River Blueway will add to the recreational choices for the citizens of the City and believe that the creation of a Roanoke River Blueway is consistent with the City's desire to create a variety of recreational opportunities for its citizens. Therefore, Roanoke is sending this letter of support for creation of a Roanoke River Blueway. As the concept continues to develop and evolve, we look forward to the opportunity to review plans and to support the blueway development. The Roanoke River provides a wonderful outdoor recreational opportunity for the citizens throughout the Valley. All of the local valley governments are extremely fortunate to have this tremendous natural resource to supplement their other outdoor recreational offerings, which includes the outstanding valley-wide greenway system. The success of the Roanoke River Greenway and the model used to develop the overall valley-wide greenway system serves as a great example of what can happen when all of the local governments work toward implementation of a valley-wide plan. We suggest that the model used for the greenway development be considered as a guide as the development of the Roanoke River Blueway moves forward. We applaud your efforts, and we offer our support for creation of a Roanoke River Blueway. Sincerely, David A. Bowers Mayor Roanoke River Blueway Access Points l_ epare by REGIONAL EAST MONTGOMERY COUNTY PARK WAYSIDE PARK GREEN HILL PARK WEST RIVERSIDE DR. (South Fork Roanoke River) Recommended Sfreamkit R mmended Soeart1ow Recammermed 5tieam712 Recommended Streamflow 4 400 SAO 300 s_ 400 41p 4 400 300 500 --- "-' --i Shoreline Arca<; 200 -- - -- ---- ---- Shoreline Access 200 ---. ..._ -- •-- 200 .._. _- -- '.' River Le: River Right GEM P ._:‘_ in '._d!.LC": P A. LAT,LON P / .AI._0+. P Ell 11E1 ej Mr * - *11 Mil CARDINAL ACADEMY EDDY AVENUE SALEM ROTARY PARK Will(.K COES I Pe to Cu Come use) Recommended Streamfbw Recommended S7reamfbw Rg ornmgnded Sfreamlmw Recomnignded Streamflow 0 t 500 1 500 500 500 400 400 '.0 . •401 r. F t 300 "300 Canoe:Kayak Ramp 200 _-- _._ -- ___ Carve%Kayak Ramp 200 _-_- ._. ---- __- CanoeKayak Ramp 200 ---- -.. ,.._ _. Shoreline Access 200 River Right River Right River Left River Lett LAT.LON P LAT.LC^: P LAT.LOS+: ra LAT.LON P �J�J 1 Rental ® �.�v�-13�� ® r*1� ` l Ell '4.ra A9.ES C7`'CJ- l7''lJ- -- Next ACCessPoint Mt WASENA PARK SMITH PARK 13TH ST./BENNINGTON ST. TINKER REEK/3RD ST Low Water Bridge (Under Development/No Public Access) 0 Recommended Slreemfgye Recommended Strgamfow Recommerided�treamnow Reornende4Srreamflow i00 5400 L; ft -i 500 '�.j t 400 Niom Shoreline Access 200 Shoreline Access 200 300 - 300 Roanoke River.Recommend Shoreline Access 200 upstream takeout to avoid difficult' River Right River Left Upstream: --' --- -- Rivet Ramp 200 River Righ! Riverok Right N re Dam pode River Right at bridge ICI (Put hKake our AT.LON P _AT. P _. P P AI LAT.LON �J�J t .„ cab— la gil • . ; _ < I S ES J 0 ,— tkI — Next AccessPoint l, D— o, MB El ,..__– Nazi.Acce t In . <... _._...., o.,,,, • NIAGARA DAM PORTAGE. ,- Ly{'LORI.PARK IGII- FIAIZDY FURL) Rutrough Point Boating Access Recommended 5eanow SOD RecommenM.¢yembw '''- Rg �sledjreamOgw Portage Left t FLOATABLE- -g,gg -FLOAT ABLE�- 300 7 ��TC7 � -A-7.T.T �7i�i - 200 Lan_e'nayak Ranic 200 _ -1+1-.-r.1�LS_ 200 .t_1L.1�_J�E.Y.('l.�_ - NO VEHICLE ACCESS River Right _Al.LON LAT_C': 1 ..AT.L:-. 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J e 0 a C _ L i.s 'AL"K 'ti •Le9( Co''' "rBw4r (l— j; www.rvarc,o rg / b I u eway' �1"LO"ePrepared'by Roanoke Valley Alleghany Regional Commission,September 2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 1 of 9 <img src="http://b.scorecardresearch.com/p?c1=2&c2=6035426&cv=2.0&cj=1" /> • • Contests • Advertise • Submit News • Customer Care • Subscribe • eTimes Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines x Few Clouds 37° Few Clouds Roanoke Times • News • Local • Sports • Business • Weather • A&E • Life • Opinion • Video • Photo • Obituaries • Classifieds • Jobs • Homes • Cars Home • News • Wire Headlines Is rider safety the real Achilles heel for Uber and Lyft? • Story • Comments Print file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 2 of 9 Create a hardcopy of this page Font Size: Default font size Larger font size Posted: Thursday, December 11, 2014 3:17 am I Updated: 11:46 am, Thu Dec 11, 2014. Is rider safety the real Achilles heel for Uber and Lytt?Associated Press r LOS ANGELES (AP) —The growth of ride-hailing companies such as Uber and Lyft so far has not been hindered by limits from government regulators and campaigns by taxi cab competitors. A bigger threat to the new industry's impressive start could come from customers—if enough people stop using the services over fears that drivers aren't safe. Not safe as in the drivers won't get into an accident— safe as in they won't attack passengers. Uber operates in more than 250 cities in 50 countries, and recently was valued at$40 billion based on $1.2 billion that investors poured into the company in its latest funding round. Lyft, meanwhile, operates in 70 markets in the U.S., up from 30 at the start of the year. So far, controversies have not seemed impact the popularity of ride-hailing apps. They boast several advantages over taxis, including no-cash payments and an app that shows how far away a car is and whether the driver received positive reviews from prior riders. Uber ranks 39th in the Apple iTunes store among the most popular free apps, ahead of Gmail and the music streaming service Pandora. Lyft, which is much smaller, is not in the top 100. But just this week, California prosecutors sued both, saying they misrepresent and exaggerate the rigor of their background checks. Police in India questioned an Uber executive about its background checks after a driver was accused of raping a passenger. And Uber removed a driver in Chicago after a customer reported she was sexually assaulted during a ride in the city last month. The company said it is cooperating with police in what it called "an appalling and unacceptable incident. file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 3 of 9 This week's incidents follow scattered anecdotes of previous assaults by Uber drivers. They don't prove the services are unsafe alternatives to traditional taxis. But they do present a challenge if riders begin to think they reflect a systemic disregard for passenger safety. Jeff Brewer, pastor at a church in the Chicago suburbs, wouldn't step into an Uber car. Though he likes the convenience Uber would bring, he sticks with taxis on trips into the city. "Whether it's right or wrong, there's at least some sort of perception that there's a company that has vetted the person," he said. As with airlines, if passenger safety becomes an ongoing issue with Uber rather than isolated incidents, it could face long-term consequences, said Alex Stanton, a crisis management and communications specialist. "At some level, there is a point at which safety does trump convenience," Stanton said. The safety and regulatory issues "absolutely" affect Uber's valuation, said Sam Hamadeh, CEO of research firm PrivCo. Unlike, say Twitter and WhatsApp, Uber is not a "nice, clean technology company, the type that venture capitalists in Silicon Valley usually invest in—which is software, Web apps" and so on, he said. "Here you are talking about actually, physically having to transport people," he said. "Uber's work isn't done once the taxi is hailed on their app. That's when all the problems begin." On its website, Uber says its drivers are "screened through a rigorous process we've developed using constantly improving standards." In a written statement, Uber added that it screens would-be drivers against "federal, multi-state and county criminal background checks spanning the past seven years." The company expects to complete more than 2 million checks this year, according to spokesman Lane Kasselman. But California prosecutors, who filed lawsuits against Uber in San Francisco Superior Court, say the company's safety checks are not as rigorous as they sound. Unlike with regulated taxis in San Francisco and Los Angeles, Uber's background checks do not require drivers be fingerprinted. Hirease, the company that performs Uber's background checks, instead relies on "personal identifiers," such as license numbers and Social Security numbers are supplied by the applicants. As such, the lawsuit says, there is no way to ensure that the applicants are who they say they are. As part of a settlement of a similar lawsuit, Uber rival Lyft agreed to drop claims that its background checks are the "best available" and the "gold standard." Lyft spokeswoman Erin Simpson said in an emailed statement that the company has "pioneered strict safety screening criteria that far exceed what's required for taxis and limos in nearly every municipality across the country." Regulators at the California Public Utilities Commission are revisiting ride-hailing company rules they put in place last year. Among the questions: "Did we get the criminal background check right, is it exhaustive as it should be," said Marzia Zafar, director of the agency's policy and planning division. That review is likely to take about a year. She did note that most of the 100 or so phone calls the commission received this year and converted into file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 4 of 9 written complaints against ride-hailing companies had to do with fee charges, not safety. Cab drivers have seized on the safety issue, however, saying that taxi drivers have to pass government- standard checks which cost more but do a better job screening out bad applicants. The Taxicab, Limousine & Paratransit Association has launched a "Who's Driving You?" campaign targeting Uber and Lyft. "Once consumers realize Uber and Lyft are cutting costs, they'll begin to shy away," said Dave Sutton, an association spokesman. Ortutay reported from New York. Paul Elias contributed from San Francisco. Contact Justin Pritchard at http://twitter.com/lalanewsman . 2014 I he AS,01.11.111211 Press All ri&hts relen d.l his material 11111 5 not he published hi ond'rat ten■ ritlen ur retlismhuted More about General News x California storm knocks out power,delays flights • California storm knocks out power, delays flights x California storm knocks out power,delays flights • California storm knocks out power, delays flights x California storm knocks out power,delays flights • California storm knocks outpower, delays flights x California storm knocks out power,delays flights • California storm knocks out power, delays flights x California storm knocks out power,delays flights • California storm knocks out power, delays flights More about Lifestyle x Trove from Churchill's daughter up for auction • Trove from Churchill's daughter up for auction x Trove from Churchill's daughter up for auction • Trove from Churchill's daughter up for auction x Trove from Churchill's daughter up for auction • Trove from Churchill's daughter up for auction x Trove from Churchill's daughter up for auction • Trove from Churchill's daughter up for auction x Trove from Churchill's daughter up for auction • Trove from Churchill's daughter up for auction More about Personal Finance • ARTICLE: Average US 30-year loan rate rises to 3.93 percent x 42.9 million Americans have unpaid medical bills • 42.9 million Americans have unpaid medical bills file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 5 of 9 • ARTICLE: 42.9 million Americans have unpaid medical bills x US retail sales climb on holiday shopping • US retail sales climb on holiday shopping • ARTICLE: US retail sales climb on holiday shopping • Discuss • Print • Posted in Wire headlines, Wire, Wire on Thursday, December 11, 2014 3:17 am. Updated: 11:46 am. 1 Tags: General News, Lifestyle, Personal Finance, Technology, Business, Corporate Legal Affairs, Legal Proceedings, Crime, Law And Order, Corporate News I Location Tags: San Francisco,California,United States,North America Similar Stories • A glance at now defunct teen brands • Spanish news to vanish from Google News globally • Libya's airlines banned from EU skies • French-Mali sweep kills Islamic radical commander • Polish leader hails purchase of US missiles Most Read • The Babcock Bowl: Virginia Tech selected to play Cincinnati in the Military Bowl • Roanoke County nursing home gets fourth inspection this year • Former Pulaski County teacher found guilty of sexual contact with teen • Frank Beamer undergoes throat surgery, still expected to coach in bowl • Casey: DMV puts brakes on elderly driver Advanced Search Go Internet Explorer cal loading... Conned with us x x x x x file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 6 of 9 • J.D. Byrider 0 x • Cundiff Heating & Air Conditioning 0 u• Polio AI Carbon at La Elenita 0 Featured Businesses RI • Cundiff Heating & Air Conditioning 0 • Berglund of Bedford • McCraw Real Estate Inc. 0 • Hart Motor Company 0 Latest obituaries file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 7 of 9 • x Braswell Sr., Henry Clay Henry Clay Braswell Sr., 75, of Roanoke, Va., and Bradenton, Fla., passed away on December 6, 2014. Henry was born in Mitchell County, N.C., to Ella Mae and Lon Braswell. He was proceeded in death by his parents; his brother, Glenn Braswell; and sister, Sandra Braswell Reese. • Brown, Alice Lavern Alice Lavern Brown, 57, of Roanoke, Va., passed away Tuesday, December 9, 2014. Funeral Service will be held at noon on Saturday, December 13, 2014, at Emmanuel Tabernacle Baptist Church, Moneta. Arrangements by Hamlar-Curtis Funeral Service, 540-344-1271. • Hedin, Jane Jane Hedin, 67, of Salem, Va., passed away December 6, 2014. Funeral Service will be I 1 a.m. Thursday, December 11, 2014, at John M. Oakey & Son Funeral Home Chapel, Salem, Va., 540- 389-5441. • x Anderson, Charlotte Beatrice A new star shines bright in Heaven today as Charlotte Beatrice Anderson, of Roanoke, Va., passed away on Wednesday, December 9, 2014, at the age of 69. She was a good hearted person who loved her family, especially her children. She has always been a lover of animals, with one being in her life at all times. BUY A PHOTO file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 8 of 9 JBROWSE PHOTOS] Special Sections Laker Magazine Nov/Dec 2014 • • Laker Magazine November/December edition. 50 Plus Fall 2014 • • Smith Mountain Lake Charity Home Tour 2014 • • Beautiful Setting, Beautiful Homes, Beautiful Cause © 2014 THE ROANOKE TIMES roanoke.com Services • Privacy Policy • Terms & Conditions • Site Map • Contact Us • Work for us • Smith Mountain Lake Visitor Guide • Mobile Site • Standard Site file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 Is rider safety the real Achilles heel for Uber and Lyft? - Roanoke Times: Wire Headlines Page 9 of 9 < div style="display:none;">< img src="//pixel.quantserve.com/pixel/p-f5LbblMdUG-tM.gif' border="0" height="1" width="1" alt="Quantcast"/></div> file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\Is rider safety the real Achill... 12/15/2014 group epignosis (an urban ecolab) Empowering the Community by Inspiring Innovation in Learning, Leadership, Economics and Governance Contact Information: group epignosis(an urban ecolab) Brian McConnell - emergentorder @live.com (540) 819-0482 Roanoke's U.Lab Hub "A Challenge for Local Leaders" FOR IMMEDIATE RELEASE December 15th, 2014 Roanoke,Virginia-Brian McConnell, director of group epignosis(an urban ecolab)will extend a "leadership challenge"to Roanoke's city council members at both its 2:00 pm and 7:00 pm meetings later today.As moderator for"Roanoke's U.Lab Hub", an independent classroom supporting local learners enrolled in the free,upcoming U.Lab MOOC offered through MITx, he's expressed this"challenge" through a global news service(OpEdNews.com) article entitled,"A Challenge for Local Leaders" (or"Sustainable Ecosystems and Capitalism's Decline"). "In conclusion then,but for these same reasons, a key premise of"Toward Integral Economic Democracy" is anchored in the supposition"that by better attending to the conscious processes by which we derive meaning.. . co-creative awareness"is capable of birthing"remarkably new modes of thought and system design across multiple disciplines including learning, leadership,economics, and governance" [emphasis added] (McConnell 1). And therein lies the challenge. . . can we talk about it?" from "A Challenge for Local Leaders" at OpEdNews "Group Epignosis(an urban ecolab)is a collaborative, non-profit organization comprised of urban enthusiasts,practitioners, technicians, and knowledge workers innovating "whole system" approaches utilizing transdisciplinary designs in learning, leadership, economics,and governance. Interfacing with a broad spectrum of social and digital media, our team works to vitalize the well-being of local citizens in their respective community." -at Linkedln We also invite you to read our recently published,"Toward Integral Economic Democracy". U.Lab: Transforming Of .-A/' Business, Society, '' moil t 1 I I:VI.4: 7 b �� 1 � Otwit/ and Self Satellite Classroom ) fiEfikir in Main Library's Auditorium ) ..ii, Otto Scharmer— kL, "Leading From the Emerging Future" JAN. 5TH 11TH . . . From Ego-System FEB. to Eco-System RoANoKus Economies U.LAB ___. HUB .■ FREE! Free - Massive Open Online Course Leading Innovation from an Emerging Future MOW from MITx Group Epignosis will host a class for MITx's U.Lab on Tuesday evenings at Roanoke's main library beginning January 16th. The TUESDAY EVENING course will afford participants an opportunity to "learn how to create CLASSES profound innovation in a time of disruptive change by leading from At Roanoke's Main Library an emerging future". Google — "Roanoke U.Lab" (--�, ' group epignosis (an urban ecolab) Jan. 6t" thru Feb. 17th Empowering the Community by Inspiring Innovation in 6:30 pm to 8 pm Learning, Leadership, Economics and Governance ( CITY OF ROANOKE ^ ` .� CITY COUNCIL f93,,�Ijpr 215 Church Avenue,S.W. x`/ Noel C.Taylor Municipal Building,Suite 456 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 December 15, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, being mid-year performance evaluations for Council-appointed officials, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Sherman . Lea, hai `°m' City Council Personnel Committee SPL:jec CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of City-owned property located in the Coyner Springs area of Botetourt County where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-371 1 .A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of City-owned property located at 2750 Hoover Street, N.W. bearing Official Tax Map No. 2430601 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-371 1 .A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the award of a public contract involving the expenditure of public funds, including the terms or scope of such contract, where discussion in open session would adversely affect the bargaining position or negotiation strategy of the City of Roanoke, pursuant to Section 2.2-3711 A.29. of the Code of Virginia, 1950, as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers S. AA o-erv, R' �1'I� c t_ g�Um �, ;,' CITY COUNCIL REPORT . GII`n ;/a To: Honorable Mayor and Members of City Council Date: December 4, 2014 Subject: City of Roanoke Wireless Telecommunications Report Please find attached a copy of the City of Roanoke Wireless Telecommunications Facilities Policy and Regulations Background Information and General Recommendations (Report) prepared by the Roanoke Valley Alleghany Regional Commission (RVARC) as the first step in a review of the City's wireless telecommunications policy and update to the City's zoning ordinance. The report has been updated to include references to the anticipated FCC report and order clarifying 2012 federal legislation related to wireless facilities which was released on October 21 , 2014. Staff is currently reviewing the FCC order which makes provisions for collocations and other modifications to existing wireless facilities without the need for local government approval. The most pertinent portion of the order for the City is the clarification of what constitutes a "substantial modification" of an existing facility that would be subject to local review. As discussed earlier, based on review of the RVARC Report it appears that the City can address known concerns within our current system through manageable changes to our policy, regulations and implementation of those regulations, subject to additional comments that may arise in the public process, and subject to the newly released FCC regulations as it pertains to local review and control over certain types of facilities. Next Steps: • The RVARC Report recommends coordinating a regional study of wireless facilities. Roanoke County staff has been contacted to gauge their interest in participating, but County staff has not indicated a preference at this point. • Determine if an outside consultant should be retained to develop the updated policy as recommended in the RVARC Report, or if staff should perform all or portions of the work, and the fiscal impact of that choice. • Create a Wireless Policy Update webpage and post the RVARC Report, existing policy and related documents to begin public discussion. • Develop a survey for public input. • Continue in-depth review of the recent FCC order. • Plan for formal public meeting(s) in early 201 5. While not included in the attachment because of the size of those documents, staff has copies of referenced locality reports from Albemarle County and Bedford County, Virginia, and Morrisville, North Carolina if members of City Council would be interested in reviewing those specific documents. In the same manner, the recently released FCC report and order is over 155 pages, and was not included in the attachment. 40 Brian Townsend Assistant City Manager for Community Development Attachment Distribution: Council Appointed Officers Chris Chittum, Director, Planning Building and Development Ian Shaw, Planning Administrator 2 City of Roanoke Wireless Telecommunications Facilities Policy and Regulations Background Information and General Recommendations FINAL DRAFT i dA ins„,..„' 1. • or;;, to• *sl II 7 1 I j Prepared by the staff of the Roanoke Valley-Alleghany Regional Commission November 24, 2014 PRP Roanoke valley-Alleghany REGIONAL commission • Table of Contents Background 1 Technology and Market Conditions 2 Ordinance Case Studies 3 Morrisville, NC 3 Buncombe County, NC(Asheville) 5 Albemarle County, VA 6 Bedford County,VA 7 City of Salem,VA 7 County of Roanoke,VA 8 City of Roanoke,VA 9 Lessons Learned: Media Coverage in other localities 11 General Recommendations 13 Attachments Distributed Antenna Systems (DAS)and Small Cell Technologies Albemarle County,VA Analysis of Wireless Telecommunication Trends and Policies(DRAFT) Bedford County Strategic Plan for Commercial Wireless Telecommunications Facilities Town of Morrisville Wireless Telecommunications Facilities Master Plan Background The City of Roanoke's Wireless Telecommunications Plan was adopted as part of the Comprehensive Plan by City Council in 2004.This policy was the basis for regulations for wireless facilities adopted in the City's Zoning Ordinance in 2005. Both documents have remained largely unchanged since that time. Meanwhile,the proliferation of smart phones and other wireless, data streaming devices is changing how wireless providers service their customers (need for more system capacity). The City of Roanoke asked the Roanoke Valley-Alleghany Regional Commission to document market conditions and model ordinances to generate background material for an expected update to the City's wireless facility policy. Regional Commission staff does not have the expertise to analyze projected demand for wireless services, nor the technology issues related to the deployment of wireless facilities. Thus,the primary recommendation will be to engage a qualified, independent consultant to assist the City in the updating of their policy. Technology and Market Conditions Cell tower analysts at Moodys Investments expect the need for cell towers to continue to increase as people utilize broadband and video services through smart devices. While smartphones are still the predominant device,other smart devices integrated into home automation,transportation and public utility delivery are increasingly using wireless networks. Gregory Fraser,with Moodys,estimates that "By 2018, mobile video is expected to account for nearly 70%of total mobile-data traffic, compared with around 53%today." More antenna,spectrum, equipment and towers will be needed to meet this increasing demand. As wireless data needs increase and competition makes wireless plans more affordable, more people adopt the technology as well, and consider it a It ------ --__ necessity rather than a luxury. Cisco's Visual Networking Index(VNI) predicts that 75 percent of mobile data traffic will be delivered over traditional large towers,while 25 percent • will be handled by small cell technologies.Without a detailed i tr technical analysis, it is unclear how projected growth and population density will impact wireless service deployments in Valle the Roanoke .y Small cell antenna.Source:Fibertech Networks a Distributed antenna systems (DAS) and "small cells"are becoming more acceptable for high density areas that need supplemental coverage. A DAS is a series of 1 small towers or antennas that replace one large tall antenna. They are more densely spaced and can be placed on buildings, light poles, in shopping malls, in stadiums and other locations to provide the same wireless services as one large, more visible tower.Typically, a DAS is suited for large venues such as a civic center, hospital, airport or conference center. DAS technology allows for multiple carriers but it can be difficult to design and install. For example, Carilion Roanoke Memorial Hospital has worked with I I a provider to increase cell coverage in the hospital by placing multiple small cell antennae throughout the facility. Likewise, "small cells" also known as femtocells, picocells (metrocells), and microcells provide small footprint coverage to supplement large wireless networks when service areas need to be expanded or capacity needs to be increased. Small cells provide an increasing role in the design and upgrading of modern wireless networks, but are more suitable for high traffic areas or buildings. Small cells are typically used by only one carrier. There are challenges to both DAS and small cell solutions because of mounting challenges, backhaul availability, interference and maintenance. Beyond technology and demand changes,the federal government also adds dynamics to the industry through its control over broadcast frequencies.The FCC has started a process to auction off parts of TV spectrum to wireless carriers. This spectrum allows longer ranges and more penetration into buildings and through trees,which makes deployment of higher speed services like 4G LTE more cost effective. Many carriers are already upgrading networks based on the availability of new spectrum. The FCC has carefully regulated the future auctions to make sure large corporations and collusional partnerships do not dominate the market share of these low-frequency airwaves to encourage more competition.TV stations, through the National Association of Broadcasters, have recently challenged the 2015 auction through a petition to the FCC. As technology changes,there are very dynamic forces that affect both the demand of service and the deployment of personal wireless services. It is crucial than any ordinance is written to encompass these changes,while local governments and providers work closely to establish efficient networks that serve the public while preserving the integrity and safety of each community. Furthermore,there are also a number of regulatory issues that the FCC has recently ruled on (October 21, 2014)that relate to cell tower deployment. In September 2013,the Commission released a Notice of Proposed Rulemaking (NPRM)and sought public comment through June 2014. The ruling now allows for an expediting the federal environmental review process(NEPA), including review for effects on historic properties as they relate to deployments of small cells, DAS, and other small-scale wireless technologies, as well as certain collocations.The ruling went on to define many terms form previous rulings that were ambiguous or poorly worded. As a result, some definitions such as "tower" and "base station" now have a broader meaning and should be addressed by updating local ordinances, according to Elizabeth Herington-Smith with City Scape Consultants.There are other, more detailed items and definitions in the FCC order that should be reviewed before updating an ordinance. Ordinance Case Studies In order to better understand trends in tower regulation, staff examined the following ordinances from other localities. Morrisville, North Carolina Morrisville, North Carolina has a newly adopted Wireless Telecommunication Facilities ordinance. They started their process by developing a telecommunications master plan. The master plan, created by CityScape Consulting, addresses a wide range of technological and policy issues and provides the Town with a sound basis to develop telecommunications policy. The application process lists an order of preference for antenna placement and the applicant must provide an affidavit by a radio frequency engineer demonstrating why higher preferences are not feasible.The hierarchy is as follows: 1. Concealed attached antenna. 2. Collocation or combination antenna on existing telecommunication towers. 3. Non-concealed attached antenna in private utility easement (on an existing transmission tower structure). 4.Telecommunication facilities on town-owned property in non-residential area/district. (A) Concealed (e.g.faux tree,flagpole, banner pole, etc.). (B) Other. 5. Dual-function telecommunication facilities in private utility easement in non-residential area/district (within an existing transmission tower structure). 6. New telecommunication facilities on private property in non-residential area/district. (A) Concealed (e.g.faux tree,flagpole, banner pole, etc.). (B) Monopole. (C) Other. 7. Concealed telecommunication facilities in residential area/district. (A) On town-owned property. (B) On private property. 8. Dual-function telecommunication facilities in private utility easement in residential area/district (within an existing transmission tower structure). Rather than have blanket code for all facilities, different types of facilities have different requirements and code sections as follows: 1. Tower Inspections v 2. Existing Antenna Modification, Replacement or Upgrade. / 3. Telecommunication Tower Replacement or Mitigation 4. Antenna Collocation and Combination on Existing Telecommunication Facilities 5. Concealed Attached Antenna 6. Non-Concealed Attached Antenna 7. Non-Concealed Dual-Function Tower(Private Utility Easement) 8. Concealed and Non-Concealed Telecommunication Towers 9. Distributed Antenna System (DAS) Nodes 10. Distributed Antennae System (DAS)Wired Hub Each type of Tower or Antenna has detailed height, set- Monopole Tower in Morrisville-Source:Wikimedia back, landscaping,signage, lighting and other requirements. Co-location on towers is defined by height. For example, all towers greater than 140 feet shall be engineered and constructed to accommodate at least five antenna arrays. The following table lists the types of facilities permitted in each district. Table 4.2.4: Principal Use Table P=Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff Pi=Permitted with Major Site Plan Approval by Town Council (unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.S) S=Allowed as a Special Use C=Allowed as an additional use in the parallel Conditional Zoning District A=Allowed subject too PD Plan/Agreement Wank Cell=Prohibited (except Overlay Disfdcfc) X=Prohibited(Overlay Muds only) Overlay S Use-c Base/Conditional Districts Districts P�fi Use Standard Use Tape Category 1 ,4 O NffilimigrigintrinNI Antenna collocation or combination on P P P P P P P P P P P P P P P P P P P A 4.2.5.0.4.0 existing towel Concealed S P P P P P P S P P P PA 4.2.5.0.4.0 attached antenna Non-concealed Tell- attached antenna P P P P P P P P P P P P P P P P P P P A 4.2.5.0.4.c coinmuni- private utility cation Uses easement) , Non-concealed dual-function tower P P P P P P P P P P PA 4.2.5.D.4.d (private utility easement) Concealed towers s , P P P P P S S P S S S P P P A 4.2.5.D.4 e (town-owned property) Non-concealed tititiOS{town- S S S S S S S S S S A 4.2.5D.4.e owned property) Concealed towers P. P. p. P. P. P. S P. P. P. P. A - (private property Non-concealed towers(private S S S S S S S S S A 4.2.5.D.4.e property) DAS Node P P P P P P P P P P P P P P P P P P A 4.2.5.D.4.f DAS Wired Hub P P P P P P P P P P P P P P P P P P A 4.2.5.0.4.9 Broadcasting P P P A Station Broadcast Studio P P P P P p P P PA Buncombe County, North Carolina (Asheville) In Buncombe County,the burden is put on the applicant by "demonstrating by substantial evidence in a written record that a bona fide need exists for the proposed wireless communication facility and that no reasonable combination of locations, techniques, or technologies will eliminate the need for, or mitigate the height or visual impact of, the proposed facility. " Government owned land is given first priority for siting a tower. Co-location is required if the tower is over 100 feet. Towers over 150 feet must be designed to permit three or more antennae arrays.Very specific fence and landscaping criteria are defined in the ordinance. In regards to height and distance standards,towers may not be more than 200 feet. Attached wireless communication facilities (attached to a building or structure) are not allowed to add more than 20 feet to the height of that structure. Similarly, a tower on a ridge may not be more than 20 feet higher than the vegetation canopy. The ordinance states that new towers cannot be constructed within 1320 feet of each other unless co-location is not feasible,or three or more towers already exist within 20 feet of the proposed site. The most interesting aspect of the Buncombe County ordinance is a requirement that all planned wireless communication facilities be reported on or before November 15th of each year. This allows county staff to coordinate all applications in a more comprehensive attempt to better address co- location. Albemarle County,Virginia Albemarle County hired CityScape Consulting Inc.to conduct an analysis of wireless telecommunications trends and policy in 2012. The report outlines different types of technologies, and comes to the conclusion that the "industry will continue to need more and more infrastructure" and "antenna elements will need to be closer together and above tree lines and rooftops". The report also summarizes federal regulations and court cases that have defined the local government control over telecommunication tower deployments. Albemarle County was involved in litigation that is also highlighted in the CityScape report. The report states that those localities should have"clear and definable standards in its regulations" and that those standards should be consistently applied to all applicants. The report alludes to a need to increase co-locations.This is also likely why Morrisville, NC adopted an inspection program for existing towers used in future co-locations. The CityScape report then provides an analysis of the existing ordinance and provides recommendations for improving the local •• regulation. Many of the comments relate to strengthening definitions to industry standards and bringing the ordinance up-to-date in regards to federal legislation since the adoption of their 2000 ordinance. The Albemarle ordinance, updated in 2013, divides • communications into three tiers and has detailed requirements for each. Camouflaged tower above tree canopy. Tierl-Concealed or camouflaged facilities requiring only administrative approval Tier2-Treetop facilities requiring planning commission approval Tier3-Other types of facilities requiring a special use permit The policy was recently updated with assistance from Kreines& Kreines,who also helped draft the ordinance in 2000. There was concern expressed that the treetop facilities, allowing a height only 7 feet above the tree canopy, did not allow for co-locations and antenna separation,which is more important for new technologies.The ordinance was recently modified to allow a monopole height of 10 feet above the tree canopy. Furthermore,the approval process was streamlined to allow for faster permitting.The goal of the ordinance is to limit tall structures and encourage small towers that are within 10 feet of the canopy. The application process and requirements appear to be the same for all three tiers. Bedford County,Virginia In 2012,the Atlantic Group of Companies prepared a Strategic Plan for Commercial Wireless Telecommunication Facilities for Bedford County.The primary purpose of the study is to address gaps in service with recommended deployment strategies. The previous plan,from 2002, was updated to address "new technology and the rapid deployment of wireless broadband services."A community survey was completed with some interesting results. Seventy-two percent of people do not find cell towers unsightly and 75%said that they would prefer taller cell towers as opposed to more short ones. The report documents current coverage areas and provides a need assessment for future communication towers, particularly in regard to 4G services. The study recommended 11 tower sites and smaller"fill in"solutions using four classes of towers. Class 1—less than 40 feet Class 2-between 40 and 80 feet Class 3-between 80 and 120 feet Class 4-between 120 and 200 feet The Atlantic Group report also outlines the type of restrictions and review process for each class.The new ordinance lists several types of applications that require only an administrative review. A DAS (Distributed Antenna System),colocations and towers on public property are included in this category to encourage these types of applications.The ordinance has different application criteria based on the type of application. Towers under 10 feet above the tree canopy in certain zoning districts are subject to only an administrative review. Most other towers require a special use permit. The ordinance was last approved in 2013. City of Salem,Virginia The City of Salem has a rather straightforward ordinance. Heights are limited to 199 feet and no tower is permitted within 500 feet of a residential district.Towers are permitted in only four zoning districts or land owned by the City of Salem through a special exception permit. No new towers are permitted unless the applicant clearly demonstrates that they cannot use existing structures or towers as outlined in five criteria: 1. No existing towers, or structures are located within the geographic area required to meet the applicant's engineering requirements. 2. Existing towers,or structures are not of sufficient height to meet the applicant's engineering requirements. 3. Existing towers, or structures are not of sufficient structural strength to support the applicant's proposed antenna or related equipment. 4. The applicant's proposed antenna would cause electromagnetic interference with existing antenna, or the antenna on the existing towers,or structures would cause interference with the applicants proposed antenna. 5. The applicant demonstrates that there are other limiting factors that render existing towers,or structures unsuitable. The City reserves the right to hire an outside consultant,at cost to the applicant,to verify the application.There is only one application process.The City of Salem feels their application process and ordinance is working well. Due to the small size of the City,the need for additional towers may be limited.The City's ordinance was last updated in 2005. County of Roanoke,Virginia The County of Roanoke's Ordinance was adopted in 1998 with a goal to achieve a "reduction in the height of existing broadcasting towers throughout the county,with special emphasis on towers located along or near the ridge tops of major mountains and land forms." Furthermore,the ordinance seeks to "encourage and promote the collocation of antennas on existing public and private structures within the county." The County's regulations seem to focus on the tower,or support structure, rather than the antenna.The County refers to support towers as"Broadcast Towers". Towers located in a commercial or industrial zone and less than 30 feet in height are generally allowed with only an administrative review. Likewise, administrative approval is given to an antenna without a tower,which is mounted to another structure, provided it does not raise the height more than 10 feet and the other requirements of the zoning district are met. The county has a single application process that requires information on why co-locations are not possible. Furthermore, photo simulations,terrain analysis and balloon test are required. New towers are required to accommodate a minimum of three other co-locations. Monopole towers are recommended and no towers are permitted "within the critical viewsheds of the Blue Ridge Parkway or Appalachian Trail as shown on any official map designating these viewsheds and pre-approved by the board of supervisors. In addition, no towers shall be proposed within any other designated area of local scenic, historical, ecological and cultural importance as designated and approved by the board of supervisors." 8 1 City of Roanoke,VA The purpose of the City of Roanoke code is to promote the health,safety, and general welfare of the public by establishing standards for the location and construction of wireless telecommunication facilities and broadcast towers. Further guidance is provided in the Wireless Telecommunications Facilities section of the "Vision 2001- 2020" Comprehensive Plan. Several policies are outlined, including preference for placement on existing buildings and structures as well as co-location. The Plan provides a hierarchy of categories of lands on which to construct wireless telecommunication towers,from the most to least preferable: 1. Industrial zoned lands 2. Commercially zoned lands 3. Downtown District zoned lands 4. High density residential zoned lands 5. Institutionally zoned lands 6. Medium density residential zoned lands 7. Agricultural or Recreation and Open Space zoned lands 8. Low density residential zoned lands Besides location,the plan also outlines siting, height and design preferences. Furthermore,the plan recognizes the need to review for"potential effects on surrounding jurisdictions as well as the City."The Plan goes on to state "A regional approach to the regulation of wireless communications facilities should be taken;therefore,such regulations should be consistent with those of surrounding jurisdictions." The Plan gives further guidance and makes recommendations to amend zoning regulations. It is unclear if the recommendations and policy in the Comprehensive Plan are reflected in the current ordinance. The code exempts co-locations and "stealth"facilities if they do not change the height more than 10 feet. Stealth facilities also include any antenna less than 10 feet in height. Overall, heights are limited to 199 feet. A monopole design is desired, as outlined in the City code. All potential applicants are required consult with the zoning administrator to review the City's policies and standards for wireless telecommunication facilities and broadcast towers. The goal of the consultation is to seek possible alternatives to tower construction and minimize impact to the community based on current policy. Applicants are asked to provide detailed evidence on why existing towers and co-locations are not feasible based on technical, legal and other reasons. Besides an administrative review for co-locations,there are two tracks for applications: standard macro towers,and stealth towers. The application requirements are outlined in the following table. City of Roanoke-Cell Tower Code and Permitting Process Purpose x Applicability Definitions x Consult zoning administrator prior to application: x objectives x coverage area x alternate sites x Application: General Stealth location of sites and rejected sites and reasons for rejection x Location of collocation sites considered and rejected and reasons x Description of tower design and sample photo x x elevation drawing showing tower and antennae height x x scale photographic simulations of site/area/defined by ZA x x computerized terrain analysis showing visibility x x how the tower site fits into the existing network system and other tower locations x results of on-site"balloon"test/defined in ZA consultation x structural engineering report on collocation with 1-3 other providers x engineer report on structural integrity x copy of applicant's co-location policy x ASAC Obstruction Evaluation report-Federal Aviation Regulations(FAR) Part 77 x x Documentation of filing of FAA Form 7460-1 x x Documentation from medical helicopter patient transportation providers x x landscaping plan x x Requirements: Height(except 1-2) limited to 199 feet x x 1-2(1 foot for each foot setback from residential lot) x x Yard requirements of zoning district and no closer than 50ft/40%height to residential x x Other structures must conform to yard requirements of district x x No lighting unless required by FAA or FCC.Security lighting allowed x x 1-3 colocations required in structure design except for stealth/roof/surface towers x Monopole design unless lattice blends better or is required.Cost not considered x x tower removal in 90 days if no longer in use x x antennas shall be flush mounted unless otherwise approved and flat matte finish x x No business or sign on tower unless for safety or required by FCC or FAA x x mature tree growth shall be preserved where possible x x no outdoor storage x x Review Policies: Availability of other structures, height,design, location-independent review x elevation of tower relative to surrounding natural land forms x visibility of tower based on terrain analysis and balloon test x degree of site design is compatible with adjacent properties x There seems to be no code references to tower construction related to residential and historic areas, although there is an order of zoning preference stated in the in the Comprehensive Plan. There appears to be some inconsistencies in the use of terms: facilities, supporting structure, broadcast tower,tower and antenna. Co-locations seem to be limited to three, beyond the original antenna.Antennas and support structures greater than 10 feet in height have to follow the same criteria and evaluation as a 199 foot tower. There appears to be no requirement to require justification for tower design (macro- tower)vs other technologies such as small cell or DAS. General review policies could be expanded to include a broader range of criteria and considerations. Lessons learned from recent news coverage in other localities A review of recent news coverage on cell tower ordinances was conducted to identify issues faced by other localities. The following recommendations are gleaned from news coverage and reports made over the last year from various news sources. 1. Consider hiring a consultant to conduct a telecommunications infrastructure plan that identifies future tower needs in the Roanoke Valley based on a variety of factors such as projected demand, distributed antenna systems (DAS), micro antennas,spectrum changes and other issues. 2. Be sure site standards are set for all possible zoning categories. For example, don't list setbacks for M1 and leave out setbacks for other zoning categories where cell towers might be allowed. (Juneau,AK) 3. Have lighting only when required by FAA. (Juneau, AK) 4. In some localities, permits have been issued by staff for camouflaged or stealth towers, avoiding planning commission review or public input. Consider having all permits go to the planning commission and public process or at least those close to residential zoning. (Durham, NC) I 5. Allow five or more carriers on pole, provided the pole or tower is engineered for support. 6. For staff-review only applications, make sure neighbors are notified about the application (Durham, NC) 7. In the application, ask the company to specify why small or micro towers are not feasible for their application. 8. In the application,ask the company to provide the projected lifespan for the tower and how long it will meet the needs of the tower service area. 9. Some localities have set up a buffer of 1,500 from schools, not as a health issue, but as a quality of life and property value issue. (Bar Harbor, ME, Hempstead, NY) 10. Allow fast-track permitting (administrative permitting)for co-locations on an existing tower (Albemarle Co.,Va) I 11. Focus on visual impact, not visibility of a site. For example,an antennae may be more visible if placed higher on a tower, but if it is smaller or painted a light color,the visual impact may be less. (Albemarle Co.,Va) 12.There are new Federal requirements for localities and applicants from 2009 and 2012 legislation that are outlined in a CityScapes policy paper for Albemarle County,VA.These should be addressed in any new local policies. (See Appendix) 13. Have clear policies that are applied equally. (Albemarle Co.,Va) 14. Consider weight and change in aesthetics for colocations. (Albemarle Co.,Va) 15.The owner/builder of the facility is often not the provider of the wireless service. Make sure this is not confused in any policies. (Albemarle Co.,Va) 16. Make sure language about lighting distinguishes between facilities at base and the tower itself. (Albemarle Co.,Va) 17.Allow towers in public rights-of-way if feasible. 18. Consider keeping an independent consulting engineer on retainer to review applications and offer alternatives. 19. Make sure definitions are consistent with FCC or other standard definitions. 20. Update code references. 12j General Recommendations for the City of Roanoke 1. Contact neighboring jurisdictions in the urbanized area,especially Roanoke County, about the possibility of joint update and joint wireless facilities master plan. A regional approach is suggested in the City's Comprehensive Plan 2. Hire an independent consultant to prepare a wireless facilities master plan, regionally if feasible. Such a master plan will provide the City with the guidance it needs to develop meaningful wireless facilities policy backed by legal and technological expertise. 3. Engage the public throughout the process to identify needs from increased coverage and capacity to the development of new wireless facilities in the community, and how these facilities should be regulated. 4. Engage wireless providers to identify issues related to the maintenance of existing facilities and deployment of new facilities. 5.As part of the master plan process, identify public properties and structures that might be suitable for antennae deployment. Such facilities can serve as a revenue stream and should be promoted through the permitting process. Consult with such entities as the Western Virginia Water Authority and Roanoke Valley Broadband Authority. 6. Consider increasing the number of wireless facilities categories based on type of technology, height of structure/antenna and type of camouflage to ease the permitting of lower impact facilities. Such a mechanism should ease the permitting for DAS and small cell technologies. 7. Consider stricter regulation of high impact facilities in or adjacent to residential and historic neighborhoods and structures and prominent view sheds and natural areas. 8. Increase co-locations allowed in the code to encourage the need for new tower development. 9. Consider reserving a co-location on certain facilities for public use. 10. Be consistent in the use of terms:wireless facilities, supporting structure, broadcast tower, tower and antenna. 11. Focus on visual impact rather than visibility. 12. Consider incorporating the tree canopy as an aspect of permitting or evaluation. 13. Streamline the application process and make sure it conforms to regulated approval deadlines. 14. Make sure the regulations (municipal code)are consistent with the policy(Comprehensive Plan) 15. Update code references and definitions based on current FCC definitions. 16. Incorporate recent and expected rulings by the FCC, as well as recent legal rulings that have clarified federal legislation. (For example,the FCC's clarification of"substantial change"as it relates to the required approval of applications that don't result in "substantial change"to the wireless facility as approved by congress in 2012.) 17. Make sure the new code is written to incorporate changing technology. 18. Revise the general review policies for applications based on the development of new policy and regulation. 14 . • . . , .. II HetNetForu m ''4a. • HetNet Forum Distributed Antenna Systems (DAS) and Small Cell Technologies Distinguished • SO © 2013 HetNet Forum Page 1 Contents Introduction 3 DAS Networks Defined 3 Distinguishing DAS Networks from Small Cells 4 Use Cases 6 Characteristics of DAS Networks 7 Limitations 7 Microcell Solutions 8 Use Cases 8 Characteristics of Microcell Solutions 8 Limitations 8 Picocell/Metrocell Solutions 9 Use Cases 9 Characteristics of Picocell Solutions 9 Limitations 9 Femtocell Solutions 10 Use Cases 10 Characteristics of Femtocell Solutions 10 Limitations 10 Wi-Fi Solutions 12 Use Cases 12 Characteristics of Wi-Fi Solutions 12 Limitations 12 * The HetNet Forum, formerly The DAS Forum, is dedicated to the advancement of heterogeneous networks. HetNets provide increased network coverage,capacity and quality through the use of a variety of infrastructure and technology, enabling seamless voice and data communications.The HetNet Forum is a membership section of PCIA —The Wireless Infrastructure Association.For more information,please visit www:hetnetforum.com © 2013 HetNet Forum Page 2 Introduction' The most familiar component of a cellular network is the cell tower and the antenna installations on other tall structures such as multi-story buildings and municipal water towers. These large cell sites, often referred to as "macro" cell sites, form the core of the macrocellular network, enabling wireless service providers to deliver voice, text, and broadband communications to today's 322 million U.S. wireless subscribers. Macrocell sites are effective for covering large geographic areas with relatively high capacity, because the antennas are typically mounted on tall towers or the rooftops of tall buildings and transmit radiofrequency (RF) signals at high power levels. They are also typically capable of hosting multiple wireless service providers. However, although a tower or building-mounted macrocell can be upgraded over time, coverage areas cannot typically be expanded. Distributed Antenna System (DAS) Networks are being deployed to provide coverage in targeted locations, moving radios closer to the subscriber, and to provide additional call and data-handling capacity in areas with concentrated demands for wireless services. Macrocell sites, DAS Networks and each of the various small cell technologies have unique characteristics and capacities that make them most suitable for deployment in specific environments and for resolving particular coverage and capacity challenges. The needs of the wireless service providers and their subscribers and the application of cost-benefit analyses dictate where and in what combinations the respective solutions will be deployed. Together the combination of the macrocellular network with DAS Networks and various small cell solutions has been termed the "heterogeneous network" or "HetNet". The purpose of this article is to promote awareness of DAS and other small cell technologies. DAS Networks Defined A DAS Network consists of three primary components: (i) a number of remote communications nodes (DAS Node(s)), each including at least one antenna for the transmission and reception of a wireless service provider's RF signals; (ii) a high capacity signal transport medium (typically fiber optic cable) connecting each DAS Node back to a central communications hub site; and (iii) radio transceivers or other head-end equipment located at the hub site that propagates and/or converts, processes or controls the communications signals transmitted and received through the DAS Nodes. Depending on the particular DAS Network architecture and the environment in which it is deployed, DAS Nodes may include equipment in addition to the antennas, e.g., amplifiers, remote radio heads,signal converters and power supplies. 1 This article is not meant to provide a rigid recipe for the uses of the various technologies discussed,nor is it intended to serve as a statement of any position on how or where the various network technologies and services fit within potential regulatory or legal frameworks. Further,these technologies continue to develop and mature. The figures related to number of simultaneous connections or coverage areas are meant as an approximation of the current state of technology at the time of this article's publication. Co 2013 HetNet Forum Page 3 all DAS Network can be deployed outdoors or within large buildings and partially enclosed structures, and a DAS Network can range from two to hundreds of DAS Nodes. Each DAS Node typically transmits RF signals at much lower power levels than is common for macrocell sites. Outdoor DAS Nodes are typically attached to utility poles or similar structures in the public rights of way(PROW) at heights that are relatively low and uniform, consistent with the smaller coverage area for each DAS Node. DAS Networks are attractive solutions because they are scalable and flexible. Like macrocell sites, DAS Networks can be configured to support multiple wireless service providers deploying a variety of frequency bands and wireless service technologies in a small form-factor. While DAS Networks are often driven by the same radio transceiver equipment that is used with macrocell sites, DAS solutions enable these resources to be narrowly targeted to the areas where they are most needed and the capacity can be shifted to different parts of the DAS Network as subscriber locations and demands shift. Distinguishing DAS Networks from Small Cells Historically, the term "small cell" has been used to refer to microcells, picocells/metrocells, and femtocells.There are certain similarities between DAS Nodes and small cells that often give rise to some confusion. Like DAS Nodes, small cells transmit at signal power levels that are much lower than macrocells and are physically much smaller. In addition, small cells are typically mounted or installed in the PROW at low elevations when deployed outdoors. However, DAS Networks and the various types of small cells differ greatly with respect to functionality, capacity, complexity, and cost, among other things. These network architectures and technologies are not interchangeable and each is suitable only for the particular purposes and deployment environments it is designed to address. In contrast, small cell solutions are typically deployed piecemeal to provide coverage or enhance capacity in much smaller areas with a single wireless communications technology for a single wireless carrier.While each small cell installation is similar to a single DAS Node installation in that it requires a communications link back to the larger network,an electric power source,and location space, an appropriately configured small cell can generally be deployed to provide an immediate solution to a more isolated and smaller coverage or capacity challenge in a manner that requires much less upfront design work,planning and capital investment than DAS facilities. Importantly, DAS Networks differ from small cell solutions because the distributed architecture of a DAS Network - including the design and configuration of the high capacity fiber optic network providing interconnectivity and the ability to operate large numbers of DAS Nodes from a central hub location - makes the typical DAS Network a much more robust, scalable, flexible and efficient solution to a range of capacity and coverage challenges than small cells. For example, a DAS Network can be deployed to simultaneously accommodate multiple wireless frequencies and technologies for two or more wireless service providers. A DAS Network can also be designed or relatively easily retrofitted to handle 2G, 3G and 4G commercial frequencies that operate in a range from 700 to 2500 MHz, as well as public safety UHF and VHF frequency bands (150 and 450 MHz 4 band channels).A DAS Network can also be configured to support numerous Wi-Fi access points. © 2013 HetNet Forum Page 4 While a given DAS Network may involve as few as two DAS Nodes,the vast majority of outdoor DAS Networks and most indoor DAS systems deployed in large structures involve ten, fifty, or even more DAS Nodes. Outdoor DAS Networks cover areas ranging from several blocks, to whole neighborhoods, to entire cities. DAS Networks can require significant upfront capital investment because of the size and complexity of the network. Initial costs include installing, equipping, configuring and bringing power to multiple DAS Nodes and the extensive fiber optic cabling and other transport links that provide high capacity connectivity between each of the DAS Nodes and the radio transceivers or other head-end equipment at one or more hub site. It is this initial investment in careful network design and the construction of high-capacity network connectivity, as well as the significant investment in head-end and DAS Node equipment that makes DAS Networks such flexible and scalable solutions. But, it can take many years of use for a DAS Network to achieve profitability for the DAS providers and wireless service providers who bear the upfront costs. ii © 2013 HetNet Forum Page 5 ` • t J '4. it !r Distributed Antenna System Networks A DAS Network is used as a method of distributing RF signals from a central hub to specific areas with poor coverage or inadequate capacity and aggregating the return signals at the hub for interconnection with the larger telecommunications network. Three primary components are featured in each DAS Network solution: 1. A number of remote communications DAS Nodes,each including at least one antenna for the transmission and reception of a wireless service provider's RF signals.Depending on the particular DAS Network architecture and the environment in which it is deployed,DAS Nodes may include equipment in addition to the antennas,e.g.,amplifiers,remote radio heads,signal converters and power supplies. 2. A high capacity signal transport medium (typically fiber optic cable) connecting each DAS Node back to a central communications hub site;and 3. Radio transceivers or other head-end equipment located at the hub site that propagates and/or converts,processes or controls the communications signals transmitted and received through the DAS Nodes. Modern DAS solutions are typically configured as RF-to-optical-to-RF systems.That is,the head-end equipment converts RF signals generated by the wireless service provider's radio transceiver to optical signals that are transported via fiber optic cable to the DAS Nodes where the optical signal is converted back to RF in order to be transmitted via the remote antenna. Other configurations, typically used by Long Term Evolution (LTE) and WiMax operators, utilize an optical driver-to- fiber-to-RF system configuration. In this scenario optical output head-end equipment drives light along the fiber to remote sites where, for the first time, the signal becomes an RF signal. The transportation of the wireless service provider's signal, no matter the configuration, can stretch many feet or many miles depending on the system design and may span multiple municipalities or other local jurisdictions. Use Cases As more people adopt high-capacity wireless devices such as smartphones and tablets, DAS Networks are being deployed as an unobtrusive means to expand data throughput capacity and provide more uniform coverage. Since most DAS Networks are technology-agnostic, DAS Network deployments are attractive to wireless service providers that hold RF spectrum licenses across - - -- © 2013 HetNet Forum Page 6 multiple frequency bands and use multiple wireless technologies (as well as wireless service providers that anticipate upgrading to new technologies such as 4G LTE). A DAS Network may be deployed and owned by a single wireless service provider, a third-party neutral-host DAS Network service provider,an enterprise customer or a building or venue owner. As noted above, DAS Networks are deployed both indoors and outdoors. Indoors, the technology is deployed in spaces where large numbers of people congregate, such as sports stadiums and arenas, convention centers, and healthcare facilities. Typically, these large, enclosed and RF-shielded spaces cannot be served effectively by existing macrocells located outside the structure. Outdoor DAS Networks are usually deployed in urban and suburban areas with medium to high capacity requirements. Increasingly, outdoor DAS Networks are deployed in targeted locations within an area that already has macrocell coverage to increase capacity.Some DAS Networks also support Wi- Fi,which can be used to off-load data traffic from capacity-constrained macrocells. Characteristics of DAS Networks Each outdoor DAS Node can be configured to support up to sixteen frequency bands, typically has a range of less than half a mile,and can support up to 300 simultaneous connections when driven by a full-scale radio transceiver such as those used for macrocells. In outdoor DAS Networks, the DAS Nodes are typically collocated in the PROW on existing infrastructure, such as utility poles and streetlights. Depending on the number of DAS Nodes and the capacity of the wireless carrier equipment interconnected to them by means of a given DAS Network, DAS architecture can be used to cover larger geographic areas and/or handle thousands of simultaneous user connections. Like an outdoor system, indoor DAS Networks can support up to sixteen frequency bands and can support thousands of devices depending on the number of radio transceiver sectors allocated to the network. Though coverage will vary, current indoor DAS remotes typically support coverage areas of 5,000 to 25,000 square feet.Large buildings can have several DAS Nodes per floor. Limitations Because DAS Network installations can require significant upfront capital investment, especially when deployed outdoors, due primarily to the costs associated with designing, siting and installing multiple Nodes and miles of fiber optic cabling. The design of DAS Networks involves unique considerations that make the design and deployment of the network different from the traditional macrocellular engineering process. It is important that the design be performed by individuals that understand the differences. III © 2013 HetNet Forum Page 7 Microcell Solutions The term "microcell" is conventionally used to describe a single, outdoor, short-range radio transceiver.It is typically deployed to enhance existing macrocell coverage. Occasionally,microcells are installed indoors to improve coverage and capacity. Microcells can be installed on a utility pole or the side of a building. Use Cases Microcells and their smaller counterparts, picocells, are usually deployed to improve network coverage and capacity in a given area. Microcells can be used outdoors and indoors, often in high- traffic areas like public transportation spaces or a single city block with heavy cellular traffic. A microcell is physically bigger than a picocell, and has greater coverage and capacity capabilities which allows microcells to support more users than picocells. Characteristics of Micro cell Solutions This solution can support up to 200 users and has a total range of up to two miles. Microcells require professional installation and maintenance. Limitations As a standalone device, microcells can support a single carrier with up to two frequencies on a single technology(either GSM,UMTS,or 3G/4G). © 2013 HetNet Forum Page 8 i. r. , Picocell/Metrocell Solutions The term picocell describes a small cell technology that can be used both indoors and outdoors. Indoors,picocells are generally used by a wireless service provider to increase capacity in a defined area. Outdoors, they can be used to fill gaps in coverage or increase capacity.The term "metrocell" is sometimes used to describe a picocell in a high-traffic urban area. Use Cases Picocells are smaller than a microcell, with a smaller equipment size, and lower transmit power. Picocell solutions are typically intended for installations in enterprise environments up to 30,000 square feet. Wireless service providers use them to fill coverage gaps in high-traffic environments like railway stations,subway platforms and bus terminals. Outdoor picocells are often mounted on the side of a building or in the PROW on utility poles, street light poles,traffic signal poles,etc.They are typically supported by fiber optic backhaul connections. Indoor picocells provide small coverage areas to address coverage and/or capacity challenges. Deployments are regularly found in airports, hotels, corporate offices, and academic campuses. Their coverage area can be as small as thirty-three feet in an office setting. Picocells are generally owned by wireless service providers.They require professional installation and maintenance. Characteristics of Picocell Solutions Picocells are small. The picocell pictured above, from CommScope, measures 10.8 inches by 3.7 inches by 16.9 inches and weighs thirteen pounds.They can support up to eighty users, depending on the equipment installed. The industry is currently developing and launching multiple LTE- capable picocell solutions. Limitations Picocells only support a few frequencies and only one wireless service provider per unit. They typically cost more than femtocells and require professional installation and configuration. Like microcells,picocells are generally not interconnected like Nodes within a DAS Network.However,a single site may have multiple picocells deployed to solve a coverage or capacity issue. © 2013 HetNet Forum Page 9 Femtocell Solutions Femtocells are small,fixed,standalone,low power cell sites designed to improve wireless reception inside a home or small office building. Femtocell solutions typically support two to six active connections in a residential setting and twenty or more in the business enterprise setting. A femtocell utilizes the subscriber's Internet service to connect to the wireless operator's core network. Use Cases There are several types of femtocells intended for different uses including residential, small businesses, and large businesses. For example, Verizon Wireless, AT&T and Sprint Nextel all offer femtocell solutions. It is important to note that a femtocell from one carrier will not support another carrier's device. Because of this, femtocells are usually deployed in homes or by small businesses without heavy customer traffic. For example, a femtocell may be a good solution to get better wireless coverage in a home-based business. The end-user customer may pay a few hundred dollars for the femtocell solution,although in some cases the operator may offer the femtocell for free. In most cases, especially with residential femtocells,professional installation is not required. Characteristics of Femtocell Solutions Femtocells are small.AT&T's femtocell,pictured above, is 8.5 inches high by 6.3 inches deep by 1.5 inches wide at the top and 4 inches wide at the base. It weighs just over one pound.The maximum number of devices a femtocell can support ranges from 4 to over 20.The coverage range is typically up to 5,000 square feet for a residential femtocell. Verizon Wireless sells two femtocell devices - one intended for residential and another for small business customers. The residential device, which can connect six simultaneous voice calls (or four simultaneous EV-DO data calls), covers up to 5,000 square feet and costs around $250. The Network Extender for Business costs $400, can connect six simultaneous voice calls or eight simultaneous EV-DO data calls and covers an area up to 7,500 square feet.Network Extenders can be linked to cover up to 10,000 square feet. Limitations Femtocells currently only support a single technology from a single wireless service provider. Supporting a single technology means separate units are required for 3G and 4G support,even from a single carrier. Femtocells can generally hand-off an RF source to the macrocellular network but © 2013 HetNet Forum Page 10 cannot hand-in the RF signal from the macrocellular network to the femtocell. In this way, the technology acts as a one-way broadcast and not a seamless and adaptable part of the network. The subscriber supplies the power and backhaul to the wireless network through a subscription wired broadband connection. In most cases the subscriber must register which phone numbers are allowed access to the wireless provider's network via the femtocell. © 2013 HetNet Forum Page 11 figa Wi-Fi Solutions Wi-Fi technology allows electronic devices to exchange data over a computer network wirelessly using unlicensed radio frequency spectrum. Devices such as personal computers, video game consoles, smartphones, tablets, and TVs can use Wi-Fi to access the Internet via wireless access points, also called "hotspots". Hotspots have a range of about 20-200 feet indoors. A Wi-Fi hotspot can contain one or more access points (APs) that deliver the connectivity to a specific network. In this instance, however,it is describing each AP as a hotspot,when in fact all the AP's within a single coverage area are part of a single hotspot, much like each DAS Node of a DAS is part of the whole. Use Cases Wi-Fi connectivity is prevalent throughout the United States on a wide variety of devices and in a plethora of venues. People install wireless routers in their homes so they can remain connected to their home network and the Internet from room to room. Wi-Fi service is also available in many retail chains and independent businesses,as well as in public spaces at Wi-Fi hotspots set up either commercially or free of charge. Organizations and businesses, such as airports, hotels, and restaurants, often provide free-use hotspots to attract customers. Enthusiasts or jurisdictions who wish to provide service or promote business in selected areas sometimes also provide free Wi-Fi access. Characteristics of Wi-Fi Solutions Unlike the other technologies listed in this document, Wi-Fi uses unlicensed radio spectrum in the 2.5 and 5 GHz bands. Wi-Fi is based on the Institute of Electrical and Electronics Engineers (IEEE) 802.11 standards. Wi-Fi enables cheaper deployment of local area networks (LAN) because it reduces the need to run wires for cabled connections. To date, Wi-Fi has largely been a consumer- oriented technology not requiring professional installation and coordination. However, in large enterprise deployments (multistory buildings, entertainment venues and convention centers) RF engineers often aid in installation. Limitations Wi-Fi is only available when hotspots provide consumer access. Wi-Fi can ride on top of the wired element of a DAS. However,the caveat is that the Wi-Fi RF coverage range from a shared antenna is smaller than voice services due to its higher frequencies, so the antennas need to be closer to provide seamless Wi-Fi coverage, which translates into more antenna and reduced voice power levels to minimize the overlap. © 2013 HetNet Forum Page 12 f CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 1 5, 2014 Subject: Proposed Revisions to The Council of the City of Roanoke, Virginia Policy on HUD Funds Background: Since 2001 , the City of Roanoke has had a policy setting forth guidelines for the budgeting and distribution of HUD funds, including the CDBG, HOME, and Emergency Solutions Grant (ESG) programs. This policy has enabled the City to undertake the targeting of funds to specific low-moderate income neighborhoods over the past decade in such areas as the Bullitt-jamison corridor in Southeast (Southeast by Design), Gainsboro, Hurt Park, and most recently the West End neighborhood. The policy also provides guidance concerning the general focus of community revitalization and at what percentages HUD funds will be used regarding housing development, economic development, neighborhood development (infrastructure), human development, and homeless services. The City Council has approved several revisions to the original policy which was adopted on September 17, 2001 . Such revisions have taken place to modify the percentages of HUD funds directed to various community development initiatives, identification of neighborhood target areas, and other related program guidelines. The policy was updated in 2004, and again in 2010. Considerations: The proposed revisions, as outlined in the attached, primarily focus on three areas of the existing policy: 1 . Neighborhood Target Area: Since 2011 , the target area for HUD funds has been the West End neighborhood, and it is proposed that it remain the target area for funding through the 2015-16 HUD program year. Such a designation requires that no less than 51% of the combined CDBG and HOME program funds be designated for eligible community development activities in the target neighborhood. The proposed policy identifies the next target area to be along the Orange-Melrose Avenue corridors including portions of the Melrose-Rugby and Loudon-Melrose neighborhoods. See the map attached to the proposed revised policy. 2. The second area of modification pertains to the percentage breakdown of use of HUD funds by specific community development activity. The proposed modifications result in modest reductions in the percentage of CDBG funds that would be used in housing and economic development activities, and increasing the amounts to be available for neighborhood infrastructure development. This shift reflects the recent program experience in the availability and use/drawn down of funds for housing and economic development projects which have slowed, and the increase in potential candidate projects for neighborhood infrastructure improvements including curb, gutter, sidewalk, and related drainage and stormwater management projects. 3. The third area of modification results in the deletion from the policy of language related to how multi-year requests for funding are considered. The current policy language limits annual budget flexibility as it pertains to projects proposed to span multiple program years, and has not proven to be advantageous to the annual program evaluation, prioritization and budgeting process. As annual entitlement allocations from the CDBG program have tended to decline, and as annual program income is anticipated to diminish going forward, it is believed that maximum flexibility to consider the allocation of resources in each year with all program requests being evaluated in the same competitive manner is the most prudent approach. Attached are "red-lined" and clean copies of the proposed revised policy. This matter will be docketed for City Council's consideration at the January 5, 201 5 City Council meeting. If any members of City Council have any questions or comments in the interim, please do not hesitate to contact me. Brian Townsend Assistant City Manager for Community Development Attachments Distribution: Council Appointed Officers Chris Chittum, Director, Planning Building and Development Keith Holland, Community Resources Program Administrator 2 DRAFT 1ZEn-14PEb C'P`S The Council of the City of Roanoke, Virginia Policy on HUD Funds (Adopted September 17,2001) (Revised August 18,2004,and October 7,2010 and December 15,2014 January 5,2015) Preamble: Each year, the City of Roanoke receives approximately $2.30 to $2.72 million in new entitlement grants under the Community Development Block Grant (CDBG), HOME Investment I Partnerships(HOME)and Emergency SSolutions Grant(ESG)programs of the U.S.Department of Housing and Urban Development(HUD). Including income earned through the operation of these programs I and unexpended prior-year entitlement funds,a total of approximately$332_8 million in HUD funds maybe available to the City for a given fiscal year. This policy sets forth guidelines for the budgeting and distribution of these HUD funds. Mission: In recognition of the many needs of the City and its limited resources,the primary mission of the City's HUD funds shall be to act as a catalyst for change by providing seed funding for eligible projects and programs and to attract other resources,especially those of the private sector. In carrying out this mission, the HUD budgeting process shall identify capable organizations to carry out targeted efforts,rather than to support on-going activities. It shall be the policy of the Council of the City of Roanoke,Virginia,that: 1. All CDBG,HOME and ESG funds available to the City shall be used only for programs and projects which support the aims and intent of City Council's"Vision"statement. Further,these funds will be I used to promote strategies in the City's Comprehensive Plan,5-Year Consolidated Plan and HUD's national goals. 2. With respect to allocating the City's CDBG,HOME and ESG funds: a. With respect to the CDBG funds available for any fiscal year: (1) The City's priorities for the use of its CDBG funds are: (a) Economic Development,involving the actual creation or retention of jobs that primarily benefit persons of low or moderate income. (b) Homeless Services,involving the prevention,reduction or elimination of homelessness. (c) Housing Development,involving,in general,the rehabilitation of housing to benefit low-or moderate-income homebuyers,owners or tenants. (d) Human Development,involving activities which,in general,enhance the development of persons of low or moderate income. (e) Neighborhood Development,involving activities(other than those included under the other priorities)that,in general,enhance the development of the City's predominantly low-and moderate-income neighborhoods.This priority includes public infrastructure that benefits a low-moderate census tract. Planning and administration activities are functions that support any or all of the above priorities and are,therefore,not considered priority categories in themselves. (2) Primary emphasis for the use of the City's CDBG funds is placed on the development and improvement of the community's housing stock, with a secondary emphasis on economic development. After subtracting funds designated for Planning and Administration activities,the allocation goals by priority area are: Housing Development 340.0% Economic Development 230.0% Human Development 134.0% Neighborhood Development 254430% Homeless Services 031.0% 100.0% The target allocations include the City's obligations and planned commitments for the fiscal year associated with each priority category. (3) In order to manage the risk of disallowed expenditures, funds allocated to "Human Development"(HUD"Public Services")and"Planning and Administration"activities shall,in general,not exceed 905%of the maximums allowed under the HUD regulations,except that the City shall have the discretion to increase funds allocated to such activities to an amount not exceeding 95100%of the maximums when necessary for the operational feasibility of such activities. (Note: Depending on the nature of the activity,the use of CDBG funds for Homeless Services may be classified as and count toward the limits of funds that may be used for Human Development.) (4) Subject to the risk management limitations described in 2.a.(3),for any fiscal year budgeting process,funds in any priority category in excess of the amount required for selected activities may be apportioned to other categories. In addition,the City may adjust the allocation percents in 2.a.(2) as required to better reflect changing conditions in the community, including adjustments required to reflect the specific needs of any neighborhood(s)selected for targeted revitalization efforts or to reflect specific community revitalization or improvement projects selected by the City. To the degree such apportioning or adjustments create substantial changes to the City's Consolidated Plan,the City will amend this Plan in accordance with its Citizen Participation Plan. b. In accordance with law,all HOME funds available for a given fiscal year shall be used for activities to provide affordable housing. c. In accordance with law,all ESG funds available for a given fiscal year shall be used for activities to address homelessness. 3. Of the amounts available for any given fiscal year,after subtracting funds designated for Planning and Administration activities,not less than 51%of the combined CDBG funds and HOME funds shall be designated for targeted neighborhoods(or portions thereof)or other defined areas of the City. Pursuant • - - 4. In 2010,a HUD Policy Task Force studied three(3)potential target areas f o r future consideration. The ------- Formatted:Indent:Left: 0",Tab stops: area known as West End was selected and has served as the focus of HUD funds since 2011 and will 0.25 Left+Not at 0.5" continue through 2015-16. As the City has had success in stimulating affordable housing development and public infrastructure that has encouraged private investment,the remaining study areas from the 2010 task force were considered in 2014. Planning,Building and Development Department staff,along with members of the Roanoke Neighborhood Revitalization Partnership met in November 2014 to look at the prior work from 2010. The group took into consideration the rankings of the Task Force and selected the next highest ranked area from the 2010 study as follows b. An area roughly coinciding with the Orange and Melrose Avenue,NW,corridor from Weshingten Park and 510th Street to 24th Streets,NW,bordered also by Hanover Ave.NW and Loudon Ave. NW, which includes areas of the Loudon-Melrose;and Melrose-Rugby neighborhoods. As soon as may be practicable,the City's Department of Planning, Building and Development, in consultation with other City departments and community organizations and iftlividualsstakeholders,as appropriate;and providing for appropriate review and comment by the general public,shall undertake further study to identify and evaluate projects in the Melrose-Orange study area each-of-the-three • •. area beginning in FY 20135. In4he-tritefim7 HUD funding application guidelines and selection criteria shall maintain a substantial preference for targeted,concentrated uses of available CDBG and HOME funds_ _ - .•. _' . . _ • . • .- .. _ _ _ :' .. 5. In order to promote high-quality,best-practice programs and projects and increase opportunities for making measurable improvements in community conditions,the City anticipates making fewer,but larger, awards. The City's application guidelines will encourage organizations to submit realistic funding requests commensurate with the extent of the needs to be addressed,the scope of activities to be conducted and the magnitude of the results to be achieved. The guidelines will limit programs and projects which will be considered to those requesting a minimum of$25,000 in CDBG and/or HOME funds. (This provision shall not apply to ESG funds,due to the small amount received by the City.)To maximize the impact of its limited HUD funds,the City will place greater emphasis upon the selection of programs and projects which substantially leverage other financial resources,as well as those which incorporate meaningful collaborations with other community organizations and stakeholders.There will be increasing emphasis upon quantifiable outcome performance (e.g. increases in employment; reductions in teen pregnancy rates) and decreasing reliance on process indicators (e.g. number of enrollees;number of loan applications taken). 6. The budgeting of HUD funds shall avoid duplication of services and maximize the areas benefitting from the City's limited HUD resources. To this end,when two or more projects propose to provide the same or similar forms of assistance within the same or substantially overlapping areas,the City shall provide HUD funds only to the most meritorious of the applicants,cost and other appropriate,objective selection criteria being considered. Further, the City shall not provide HUD funds to programs or projects to be newly established in areas served by other existing and similar programs and projects, except in instances where it can be documented to the City's satisfaction that the needs to be addressed are acute,substantially exceed the capacity of existing providers,and that such existing providers are unable or unwilling to expand their capacities and support establishing additional providers within the area. 7. In addition to the study associated with section 3 above of this policy,as soon as may be practicable,the City's Department of Planning,Building and Development,in consultation with other City departments and community organizations and individuals,as appropriate,and providing for appropriate review and comment by the general public,shall explore and identify indicators,consistent with City Council's Vision and strategic priorities,for better measuring the individual and collective success of CDBG, HOME and ESG programs and projects. City Council shall be apprised and offer guidance regarding candidate indicators. Upon final establishment of the success indicators,the Department shall determine and implement the use of such indicators for individual programs and projects,and for broader,periodic evaluations of the success of the City's targeted and overall CDBG,HOME and ESG efforts. 8. This policy shall supersede all previous City Council Policies on HUD Funds. Attachment: Map of Target Areas yN p,,,. -�9�9 � FRgNwicc�s� RUGBY,9MELROSE-GRANGE ��.. ,it .,,2,,,) .cn fi� do Z ��° oSt on _TARGET AREA �?Q:., ti Park c lA„ � . ME. y�E•M HANOVER.AVE lIuluIfS14uNToN t RCER AVF. CARROLLAVE: z qN� ite: AVE ER R % b SA`V41*Ei X*ICERAVE Now MF-ROSEN HANpVFR AVE S Tq()IVTON'.9 1-'- . : ' .co ti N MOORMgN f --- - -..-DELTA DR ` N AVE et , . ... , ar /.._. .c.,..? . iiiiesp. , . . ,_.. ESSEXAVE. . • . . .. .. . . .C pNDONgVE ORANGErAVE r. , j Melrose MODOWELL.AVER..GENT M00 Park ME1-ROSE 1 RFgVF ....AVE.MAN •ESSEXAV E itar . • JOHNSON , • MADISONAVE; AVE OgHgVE MERgV� WilOORmAN BAKER k 0,00� =` AVE ,re-,,,, """�•. • . *tali '`." �' S 4 ,... • �`"� 4,0,, AVF AVE•,., . /if r� F - n'r►,I FA/RFq b ��,�tot• GFNT rAVE =r'G� ♦ G/6,0'. . y . -9�Fs �' MONO o�aO F ��, ,� N A SgLsEM RT qVE ask co AVE ",` „ o �ESTVIE�'' i;`v�, � f cENTREgIrF CO : iiTT • rERSG NAV _ SAS-E ' CITY O F R OA N O K E N E, a UJ M%Q� y E W 'Q O ^ 4�`P. 600 300 0 600 -4k- �olre R RERAVE Feet l A •'T/�i� MAP CREATED BY GIS TEAM /kh DATE: 3 DEC 2014 1 The Council of the City of Roanoke, Virginia DRAFT Policy on HUD Funds CLEAN COPY (Adopted September 17,2001) (Revised August 18,2004,October 7,2010 and January 5,2015) Preamble: Each year,the City of Roanoke receives approximately$2.0 to$2.2 million in new entitlement grants under the Community Development Block Grant(CDBG),HOME Investment Partnerships(HOME) and Emergency Solutions Grant (ESG) programs of the U.S. Department of Housing and Urban Development(HUD). Including income earned through the operation of these programs and unexpended prior-year entitlement funds, a total of approximately$2.8 million in HUD funds may be available to the City for a given fiscal year.This policy sets forth guidelines for the budgeting and distribution ofthese HUD funds. Mission: In recognition of the many needs of the City and its limited resources,the primary mission of the City's HUD funds shall be to act as a catalyst for change by providing seed funding for eligible projects and programs and to attract other resources,especially those of the private sector. In carrying out this mission, the HUD budgeting process shall identify capable organizations to carry out targeted efforts,rather than to support on-going activities. It shall be the policy of the Council of the City of Roanoke,Virginia,that: 1. All CDBG, HOME and ESG funds available to the City shall be used only for programs and projects which support the aims and intent of City Council's "Vision" statement. Further, these funds will be used to promote strategies in the City's Comprehensive Plan, 5-Year Consolidated Plan and HUD's national goals. 2. With respect to allocating the City's CDBG, HOME and ESG funds: a. With respect to the CDBG funds available for any fiscal year: (1) The City's priorities for the use of its CDBG funds are: (a) Economic Development, involving the actual creation or retention of jobs that primarily benefit persons of low or moderate income. (b) Homeless Services, involving the prevention, reduction or elimination of homelessness. (c) Housing Development,involving,in general,the rehabilitation of housing to benefit low-or moderate-income homebuyers, owners or tenants. (d) Human Development, involving activities which, in general, enhance the development of persons of low or moderate income. (e) Neighborhood Development,involving activities(other than those included under the other priorities)that, in general, enhance the development of the City's predominantly low-and moderate-income neighborhoods.This priority includes public infrastructure that benefits a low-moderate census tract. 1 Planning and administration activities are functions that support any or all of the above priorities and are,therefore, not considered priority categories in themselves. (2) Primary emphasis for the use of the City's CDBG funds is placed on the development and improvement of the community's housing stock, with a secondary emphasis on economic development. After subtracting funds designated for Planning and Administration activities,the allocation goals by priority area are: Housing Development 40.0% Economic Development 20.0% Human Development 14.0% Neighborhood Development 25.0% Homeless Services 1.0% 100.0% The target allocations include the City's obligations and planned commitments for the fiscal year associated with each priority category. (3) In order to manage the risk of disallowed expenditures, funds allocated to "Human Development"(HUD"Public Services")and"Planning and Administration"activities shall,in general,not exceed 95%of the maximums allowed under the HUD regulations,except that the City shall have the discretion to increase funds allocated to such activities to an amount not exceeding 100% of the maximums when necessary for the operational feasibility of such activities. (Note: Depending on the nature of the activity,the use of CDBG funds for Homeless Services may be classified as and count toward the limits of funds that may be used for Human Development.) (4) Subject to the risk management limitations described in 2.a.(3), for any fiscal year budgeting process, funds in any priority category in excess of the amount required for selected activities may be apportioned to other categories. In addition,the City may adjust the allocation percents in 2.a.(2) as required to better reflect changing conditions in the community, including adjustments required to reflect the specific needs of any neighborhood(s)selected for targeted revitalization efforts or to reflect specific community revitalization or improvement projects selected by the City. To the degree such apportioning or adjustments create substantial changes to the City's Consolidated Plan, the City will amend this Plan in accordance with its Citizen Participation Plan. b. In accordance with law,all HOME funds available for a given fiscal year shall be used for activities to provide affordable housing. c. In accordance with law,all ESG funds available for a given fiscal year shall be used for activities to address homelessness. 3. Of the amounts available for any given fiscal year. after subtracting funds designated for Planning and Administration activities, not less than 51%of the combined CDBG funds and HOME funds shall be designated for targeted neighborhoods(or portions thereof)or other defined areas of the City. 4. In 2010,a HUD Policy Task Force studied three(3)potential target areas for future consideration. The 2 area known as West End was selected and has served as the focus of HUD funds since 2011 and will continue through 2015-16. As the City has had success in stimulating affordable housing development and public infrastructure that has encouraged private investment, the remaining study areas from the 2010 task force were considered in 2014. Planning,Building and Development Department staff,along with members of the Roanoke Neighborhood Revitalization Partnership met in November 2014 to look at the prior work from 2010. The group took into consideration the rankings of the Task Force and selected the next highest ranked area from the 2010 study as follows . An area roughly coinciding with the Orange and Melrose Avenue,NW,corridor from 10t Street to 24`"Streets,NW,bordered also by Hanover Ave.NW and Loudon Ave.NW,which includes areas of the Loudon-Melrose and Melrose-Rugby neighborhoods. As soon as may be practicable, the City's Department of Planning. Building and Development, in consultation with other City departments and community organizations and stakeholders, and providing for appropriate review and comment by the general public,shall undertake further study to identify and evaluate projects in the Melrose-Orange study area beginning in FY 2015. HUD funding application guidelines and selection criteria shall maintain a substantial preference for targeted,concentrated uses of available CDBG and HOME funds. 4. 5. In order to promote high-quality,best-practice programs and projects and increase opportunities for making measurable improvements in community conditions, the City anticipates making fewer, but larger, awards. The City's application guidelines will encourage organizations to submit realistic funding requests commensurate with the extent of the needs to be addressed,the scope of activities to be conducted and the magnitude of the results to be achieved. The guidelines will limit programs and projects which will be considered to those requesting a minimum of$25,000 in CDBG and/or HOME funds. (This provision shall not apply to ESG funds,due to the small amount received by the City.) To maximize the impact of its limited HUD funds,the City will place greater emphasis upon the selection of programs and projects which substantially leverage other financial resources, as well as those which incorporate meaningful collaborations with other community organizations and stakeholders.There will be increasing emphasis upon quantifiable outcome performance (e.g. increases in employment; reductions in teen pregnancy rates) and decreasing reliance on process indicators (e.g. number of enrollees; number of loan applications taken). 6. The budgeting of HUD funds shall avoid duplication of services and maximize the areas benefitting from the City's limited HUD resources. To this end,when two or more projects propose to provide the same or similar forms of assistance within the same or substantially overlapping areas, the City shall provide HUD funds only to the most meritorious of the applicants,cost and other appropriate,objective selection criteria being considered. Further, the City shall not provide HUD funds to programs or projects to be newly established in areas served by other existing and similar programs and projects, except in instances where it can be documented to the City's satisfaction that the needs to be addressed are acute, substantially exceed the capacity of existing providers, and that such existing providers are unable or unwilling to expand their capacities and support establishing additional providers within the area. 7. In addition to the study associated with section 3 above of this policy,as soon as may be practicable,the City's Department of Planning,Building and Development,in consultation with other City departments and community organizations and individuals,as appropriate,and providing for appropriate review and comment by the general public, shall explore and identify indicators, consistent with City Council's 3 Vision and strategic priorities, for better measuring the individual and collective success of CDBG, HOME and ESG programs and projects. City Council shall be apprised and offer guidance regarding candidate indicators. Upon final establishment of the success indicators,the Department shall determine and implement the use of such indicators for individual programs and projects,and for broader,periodic evaluations of the success of the City's targeted and overall CDBG, HOME and ESG efforts. 8. This policy shall supersede all previous City Council Policies on HUD Funds. 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Oft 'c!" ,c. /..,..s„, 600 300 0 s 4.' 111/416.- -i- II II I 1\ \ i 11*-1.0.4_1 Mr r rr--,... - ' ' lint MAP CREATED Wil 1 ardi I* ' gaii a---:- Ill i w-Trrmivir GIS TEAM /kh FDeA: 3 DEC 2014 propple...AL------1 1 I I 11.-1- i---;---i_.--,---_.'"- r 7r7 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (549)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: cierk(nh'o:mokeva.I!ov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk December 16, 2014 Candace R. Martin, Secretary Building and Fire Code Appeals Board Roanoke, Virginia Dear Ms. Martin: This is to advise you that Jerry P. Smith has qualified as a member of the Building and Fire Code Board of Appeals for a three-year term of office ending June 30, 2017. Sincerely, 5441P,Ava,,‘„N .Stephanie M. Moon, C (, City Clerk • Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jerry P. Smith, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Building and Fire Code Board of Appeals for a term of office ending June 30, 2017, according to the best of my ability. So help me God. JE . S TH The foregoing oath of fflce was taken, sworn to, and subscribed before me by Jerry P. Smith this g11' day of I Xt* 6OA' 2014. Br:nda .. Hamilton, l c of the Circuit Court ByV . ,.1. !.i LA , Clerk I '' s CITY OF ROANOICE OFFICE OF THE CITY CLERK I 215 Church Avenue, S.W.,Room 456 d , q - Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPIIANIE M.MOON REYNOLDS,MMC E-mail: clerk(nlroano keva.gov JONATII AN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 Tina M. Carr, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Carr: This is to advise you that Frederick W. Bromm has qualified as a member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2015, and ending December 31, 2017. Sincerely, Azpateruidyn . Qt"Q4 Stephanie M. Moon yn s, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Frederick W. Bromm, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2015 and ending December 31, 2017, according to the best of my ability. So help me God. AOVAi R DERICK W. BROMM The foregoing oath of office was taken, sworn to, and subscribed before me by (fy Frederick W. Bromm, this 'I ft` day of O,t 41LA 2014. Brenda .. Hamilton, , I: k of the Circuit Court I/ By •A'. . / A% , Clerk I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40123-121514 . AN ORDINANCE authorizing the City Manager to execute a Memorandum of Agreement ("Agreement") on behalf of the City's Department of Social Services ("DSS"), and Roanoke County, Franklin County, Craig County, Bedford County, Floyd County, Botetourt County, and Montgomery County, on behalf of such counties' respective departments of social services, concerning the Contract for Outstationed Eligibility Workers between the City and Carilion Medical Center ("Carilion") to allow City staff to assist Carilion patients that are residents of such counties to apply for Medicaid, upon certain teens and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke and Carilion Medical Center ("Carilion") entered into a Contract dated February 6, 2013, whereby the City of Roanoke DSS agreed to provide an Outstationed Eligibility Worker(s) (OEW(s)), a City DSS employee, at Carilion Medical Center's Roanoke Memorial Hospital, to assist patients that reside in the City with determining their Medicaid eligibility and processing their applications for Medicaid; and WHEREAS, due to an increase in patients at Carilion Medical Center that reside in contiguous localities, the City, Roanoke County, Franklin County, Craig County, Bedford County, Floyd County, Botetourt County, and Montgomery County agree it would be mutually beneficial to each locality for such localities to enter into an Memorandum of Agreement that would also allow the OEW(s) to determine Medicaid eligibility and process Medicaid applications for those patients of Carilion Medical Center that reside in such other localities. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. The City Manager is authorized to execute on behalf of the City of Roanoke DSS, a Memorandum of Agreement with the contiguous localities of Roanoke County, Franklin County, Craig County, Bedford County, Floyd County, Botetourt County, and Montgomery County, on behalf of their respective departments of social services, to allow the OEW(s), a City DSS employee under the supervision and direction of the City, to determine Medicaid eligibility and process Medicaid applications for patients of Carilion Medical Center that are residents of such contiguous localities, such Agreement to be in a form approved by the City Attorney, and upon such terms and conditions as are more particularly described in the City Council Agenda Report dated December 15, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST At � .41 City Clerk 0-Authorize Joint Intergovernmental Agreement w Carillon&localities for OEWS.12-15-14 2 e ' s #n CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Authorization to Enter into a Joint Intergovernmental Agreement with the Counties of Roanoke, Franklin, Craig, Bedford, Floyd, Botetourt, and Montgomery for the Provision of Medicaid Eligibility and Enrollment Services Background: The City of Roanoke ("City"), on behalf of its Department of Social Services, entered into a contract with Carillon Medical Center ("CMC") on February 6, 2013, whereby the parties agreed that the City, through its Department of Social Services, may provide an Outstationed Eligibility Worker(s) ("OEW"), who is a City employee, at CMC's Roanoke Memorial Hospital, to determine patients' eligibility for Medicaid, and enroll eligible patients in Medicaid. The assistance provided by the OEW greatly expedites the benefits available to eligible patients upon their release from the hospital, as many such patients need Medicaid assistance for their post discharge medical needs. While the OEW makes Medicaid eligibility determinations for all patients regardless of where the patients reside, once the determination of eligibility is made, the OEW only enrolls approved applicants who reside within the City in Medicaid. The OEW refers the approved applications of all other patients who reside outside of the City to the department of social services in the locality where the patient resides. It is then the responsibility of the other locality's department of social services to enroll the patient into Medicaid. This can cause some delay for patients to receive needed assistance with their medical expenses. CMC has experienced an increase of patients that reside in the counties of Roanoke, Franklin, Craig, Bedford, Floyd, Botetourt, and Montgomery. The City, CMC, and those counties agree that it would be mutually beneficial to all parties for the OEW(s) to be able to perform the initial enrollment into Medicaid of all approved applicants that are Virginia residents, regardless of the locality in which the patient resides. Albermarle County and its surrounding localities have already entered into a similar agreement for such purpose. Section 1 5.2- 1300 of the Code of Virginia requires that all intergovernmental agreements between localities be approved by their local governing bodies. Considerations: A proposed intergovernmental agreement, attached as Exhibit A to this report, has been drafted with the counties of Roanoke, Franklin, Craig, Bedford, Floyd, Botetourt, and Montgomery. This agreement will allow the processing and enrollment of CMC patients into Medicaid more quickly, thus expediting their discharge from CMC. Under the terms of the proposed intergovernmental agreement, the OEW(s) would remain under the employment and supervision of the City, and be paid by the City. While there is only one OEW at present, the agreement between the City and CMC, and the proposed intergovernmental agreement, contemplates that the number of OEWs may increase, as needed. The amount of the total salary and benefits package paid by the City to each OEW is approximately $42,000 annually, reimbursed to the City by CMC and the Commonwealth of Virginia on a monthly basis. Recommended Action: Authorize the City Manager, or his designee, to enter into the proposed intergovernmental agreement, substantially similar in form to the agreement attached to this letter as Exhibit A, and any renewals of such agreement, with the counties of Roanoke, Franklin, Craig, Bedford, Floyd, Botetourt, and Montgomery. Such agreement shall be approved as to form by the City Attorney. istopher 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 Memorandum of Agreement for Outstationed Eligibility Workers This Memorandum of Agreement for Outstationed Eligibility Workers (Agreement) is made this , 2014 by and among the City of Roanoke Department of Social Services, and the Roanoke County Department of Social Services, the Franklin County Department of Social Services, the Craig County Department of Social Services, the Bedford County Department of Social Services, the Floyd County Department of Social Services, the Botetourt County Department of Social Services, and the Montgomery County Department of Social Services (collectively, the"Receiving Agencies" and individually, the"Receiving Agency"). RECITALS: Whereas, the City of Roanoke Department of Social Services, and Carilion Medical Center (CMC) have entered into a Contract Agreement on February 6, 2013, whereby City of Roanoke DSS agrees to provide Outstationed Eligibility Worker(s) (OEW or OEWs) at CMC to assist in the effective receipt of Medicaid applications and the determination of Medicaid eligibility for patients of CMC, such patients being a Virginia resident, regardless of the locality the patient resides in; and Whereas, the OEW's placed at CMC are employees of City of Roanoke Department of Social Services and the use and functions of the OEW's are in keeping with the requirements for the establishment of outstation locations of section 435.904 of the Code of Federal Regulations, 42 CFR, Part 430 et seq., as well as guidance from the Centers for Medicare and Medicaid; and Whereas, the OEW's make determinations of Medicaid eligibility or ineligibility for all patients, and once the determination of eligibility is made, the OEW's only enroll approved applicants that reside within City of Roanoke, and refer all other patients' approved applications to the appropriate local department of social services where the patient resides; and Whereas, once a patient's approved application is referred to the appropriate Receiving Agency, such Agency is responsible for completing the patient's approved application enrollment process; and Whereas, due to an increase in patients with approved applicants that reside in a Contiguous Locality (defined hereafter), City of Roanoke Department of Social Services, CMC and the Receiving Agencies agree it would be mutually beneficial to all parties for the OEWs to be able to perform the initial enrollment of all approved applicants that are Virginia residents, regardless of the locality the patient resides in. NOW THEREFORE, that for and in consideration of the mutual covenants set forth herein, and the above recitals which are incorporated herein, the parties agree as follows: A. Contiguous Locality For the purposes of this Agreement, a Contiguous Locality shall include the following counties : Roanoke County, Franklin County, Craig County, Bedford County, Floyd County, Botetourt County, and Montgomery County. B. Responsibilities of the OEW The OEW shall perform the following: 1. Process, make determinations of eligibility or ineligibility, and enroll a patient's approved application, even if the patient's residency is in a Contiguous Locality. 2. Follow all established policy, rules, and regulations in obtaining the necessary information to determine eligibility or ineligibility of all applicants. 3. Once a patient is initially enrolled, the OEW shall forward the completed case file to the appropriate Receiving Agency, being the Receiving Agency in the Contiguous Locality where the patient resides. Such case record shall be forwarded to the Receiving Agency immediately after the OEW has enrolled the patient in Medicaid. C. Responsibilities of the Receiving Agency The Receiving Agency shall perform the following: 1. When the case is transferred to a Receiving Agency, the Receiving Agency shall review the case for accuracy and completeness, and shall follow the current state policy for receiving cases from OEW's, as set forth in the Virginia Department of Social Services Medicaid Manual, Volume XIII, Chapter 15, policy number M1520.600. 2. The Receiving Agency acknowledges and agrees that the OEW(s) are employees of the City of Roanoke, and only subject to supervision and oversight by the City of Roanoke. In the event any Receiving Agency has any issue or dispute with the services provided by the OEW under this Agreement, the Receiving Agency agrees to contact the Director pf the City of Roanoke's Department of Social Services D. Term of Agreement This Agreement shall be effective as of , 2014. It is the intent of all parties that this Agreement shall be in effect for a term of four years from the effective date however this Agreement may be terminated by City of Roanoke Department of Social Services or a Receiving Agency by providing sixty (60) days written notice to the parties. This Agreement shall be reviewed within twelve (12) months. This Agreement may also be reviewed and renewed from time to time as agreed to by all parties. Any such renewal shall be subject to approval by the governing bodies of the City of Roanoke and each Contiguous Locality. Nothing in this Agreement shall be construed as authority for any party to make commitments, which bind the other beyond the terms of this Agreement. E. Notice Any notice required or permitted by this Agreement shall be sufficiently given if hand-delivered or sent by registered or certified mail, postage prepaid, addressed or delivered as follows: Roanoke County Department of Social Services Joyce Earl,Director 220 E. Main St. P. O. Box 1127 Salem, VA 24153-1127 Franklin County Department of Social Services Deborah Powell, Director 11161 Virgil H. Goode Highway Rocky Mount, VA 24151 Craig County Department of Social Services James Weber, Director 177 Court St. P. O. Box 330 New Castle, VA 24127-0330 Bedford Department of Social Services Andy Crawford, Director Burks-Scott Building 119 E. Main St. PO Box 1187 Bedford, VA 24523-7750 Montgomery County Department of Social Services Larry Lindsey,Director 210 S. Pepper St. Suite B P.O. Box 789 Christiansburg, VA 24073 Botetourt County Department of Social Services Penny Hall, Director 220 Commons Pkwy P. O. Box 99 Daleville,VA 24083 Floyd County Department of Social Services Tracie Brewster, Director 120 W. Oxford Street P. O. Box 314 Floyd, VA 24091 City of Roanoke Department of Social Services Jane R. Conlin, Director 1510 Williamson Road, NE Roanoke, VA 24012 F. Severability If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such determination shall not affect the validity of all other provisions that can be given effect without the invalid or unenforceable provision. G. Responsibility City of Roanoke Department of Social Services shall be responsible for the negligent acts or omissions of its officers, agents and employees acting in the scope and course of their employment pursuant to this Agreement. The parties agree that the number may be increased or decreased as needed, as well as the location at which the OEWs are placed. The salary and benefits of the OERW are to initially be paid by the City of Roanoke, such amount to be reimbursed the City of Roanoke on an annual basis by the Commonwealth of Virginia. Upon transfer of each case to the Receiving Agency of the appropriate Contiguous Locality, the Receiving Agencies shall be responsible for the negligent acts or omissions of its officers, agents and employees acting in the scope and course of their employment pursuant to this Agreement. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of City of Roanoke Department of Social Services or the Receiving Agencies. H. Governing Law This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the Circuit Court for the City of Roanoke. I. Entire Agreement. This Agreement, including all documents referred to and incorporated herein, constitutes the entire Agreement between the parties with respect to the subject matter of this Agreement and there are no representations, understandings, or agreements relating to this Agreement that are not fully expressed herein. J. Execution of Agreement This Agreement may be executed in counterparts, each of which shall be deemed to be an original having identical legal effect. K. Amendments This Agreement may be changed or amended only as mutually agreed upon by the parties. Any and all such amendments shall be in written and signed by all parties. In witness hereto, the parties execute this agreement: City of Roanoke Department of Social Services City Manager Date In witness hereto, the parties execute this agreement: Roanoke County Department of Social Services Director Date Franklin County Department of Social Services Director Date Craig County Department of Social Services Director Date Bedford County Department of Social Services Director Date Montgomery County Department of Social Services Director Date Botetourt County Department of Social Services Director Date Floyd County Department of Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40124-121514 . A RESOLUTION accepting the Economic Development Growth Enhancement (EDGE) Program Grant to the City from the Appalachian Power Economic Development Team; authorizing the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EDGE Grant offered by the Appalachian Power Economic Development Team in the amount of $20,000, with no local match, upon certain terms, provisions, and conditions relating to the receipt of such funds. The Grant is more particularly described in the City Council Agenda Report dated December 15, 2014. 2. City Council hereby authorizes the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement, with such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds, as allowed by the terms and conditions of the Grant, with any such documents being approved as to form by the City Attorney. ATTEST: nr\tey. ivi-OkeV City Clert_- LAATTORNEY\DATA\LMCarini\City Council Measures\R-EDGE program gran) 12 8.14-LMCdoe IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40125-121514 . AN ORDINANCE appropriating funding from Appalachian Power Economic Development Team for website development and maintainance, 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 Professional Fees 35-310-8184-2010 $ 20,000 Revenues EDGE Program FY15 35-310-8184-8184 20,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: LY . Eke4 i City Clerk. STATEMENT OF CONFLICT OF INTEREST I (6u ex- Eos&A) state that I have a personal interest in agenda item 7a a regarding a jrahf Icon, Arniete/.idiu';, fewer F.eOAJvm/L 7'tva/-appon- because .L hAvt buls,NEss ms-rrEts /MK comfg. APALAO- /AN POW 1.14- Therefore, pursuant to Virginia Code Section 2.2-3112, 1 must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this /Corday of 'bECF SE/2. , 2014. EAL) (Otter 7-OSE9 e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Economic Development Growth Enhancement (EDGE) Program Grant Acceptance Background: The Economic Development Department fosters economic growth in the City of Roanoke. As a grantee, the City of Roanoke received notification of an award from the Appalachian Power Economic Development Team in the amount of $20,000 through the EDGE grant. The EDGE grant is a privately funded program aimed at attracting new businesses and helping existing businesses and industries expand. These funds will be used for website development activities related to the Economic Development Department. The City will be serving as the fiscal agent for these funds and is not required to provide a match with local funds for this program. Considerations: City Council action is needed to formally accept these funds and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the professional services in accordance with provisions of this grant. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $20,000 and to appropriate the same amount into expenditure accounts to be established by the Director of Finance in the Grant Fund. / .stopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development Department Rob Ledger, Manager, Economic Development Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40126-121514 . A RESOLUTION ratifying and approving the acceptance of a Hazardous Materials Emergency Preparedness Planning sub-grant to the City from the Virginia Department of Emergency Management (VDEM), and ratifying and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby ratify and approve the acceptance of a Hazardous Materials Emergency Preparedness Planning sub-grant by VDEM in an amount up to $32,000, with a local in-kind match of $8,000, making a total funding of $40,000, for the purposes of updating the local hazardous materials emergency response plan, conduct a local hazard analysis, maintain hazardous materials data, and conduct a hazardous materials commodity flow study, as more particularly described in the City Council Agenda Report dated December 15, 2014. 2. The Council does hereby ratify the City Manager's execution of the sub-grant agreement and all necessary documents required to accept the sub-grant, all such documents having been reviewed by the City Attorney. 3. The City Manager is further directed to furnish such additional information, and execute such further amendments, as may be required in connection with the City's acceptance and performance of this sub-grant. All such amendments and other documents regarding this sub-grant are to be approved as to form by the City Attorney. ATTEST: ttr-POsta4.i. rYtilY\City Clerk. �� R-VDEM-hazardous materials emergency preparedness planning subgiant 12-15-14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40127-121514 . AN ORDINANCE appropriating funding from the United States Department of Transportation through the Commonwealth of Virginia Department of Emergency Management(VDEM)for hazardous materials emergency response preparation, 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 Professional Fees 35-520-3275-2010 $ 32,000 Revenues Haz-Mat Preparedness Grant FY15 35-520-3275-3275 32,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT i To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Virginia Department of Emergency Management (VDEM) Hazmat Planning Grant Acceptance Background: Roanoke Fire-EMS serves as the region's Hazardous Materials Team. VDEM has awarded the City of Roanoke a Hazardous Materials Emergency Preparedness planning sub-grant in the amount of $32,000 for the purposes of updating the local hazardous materials emergency response plan, conducting a local hazard analysis, maintaining hazardous materials data and conducting a hazardous materials commodity flow study. The City's Emergency Manager will oversee the grant and all related activities associated with it. Considerations: City Council action is needed to formally accept and appropriate these funds, and to authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with the provisions of this grant. The grant agreement was signed by the City Manager as the Commonwealth of Virginia Department of Emergency Management requested that the grant agreement be executed and returned as soon as possible. City Council action is needed to ratify the actions of the City Manager. Recommended Action: Accept the grant as described above and ratify the actions of the City Manager who executed the required grant agreements and documents. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $32,000 and appropriate funding in the same amount into account 35-520-3275-2010. Christopher P. Morrill City Manager Distribution: Council Appointed Officers RECEIVED NOV 052014 1 CITY MAMA HER E xr M.? COMMONWEALTH of VIRGINIA JEFFREY D.STERN Department of Emergency Management 10501 Trade Court State Coordinator North Chesterfield,Virginia 23236-3713 (804)897-6500 CURTIS C.BROWN (TDD)674.2417 Chief Deputy Coordinator FAX(804)897-6506 BRETTA.BURDICK October 28,2014 Deputy Coordinator Christopher Morrill City Manager City of Roanoke 215 Church Ave.,S.E. Roanoke,VA 24011 Dear Mr. Morrill: I am pleased to award the City of Roanoke a Hazardous Materials Emergency Preparedness planning sub-grant in the amount of$32,000 for the purpose of updating the local hazardous materials emergency response plan,conduct a local hazard analysis, maintain hazardous materials data,and conduct a hazardous materials commodity flow study. These funds must be expended by September 30,2015, without exception. Funds not expended by September 30 cannot be reimbursed. Enclosed is a sub-grant agreement that has been prepared on behalf of the USDOT Research and Special Programs Administration. Please have the agreement signed by the appropriate official and return it as soon as possible to: Randy Francis, Preparedness Division, Virginia Department of Emergency Management, 10501 Trade Court, North Chesterfield, VA 23236-3713. Payment procedures are found in the grant package guidance provided initially, as well as in 49 CFR Part 110.Upon return receipt,the grant will be executed and a copy of the agreement will be returned to you for your records. If you have any questions or if additional time is required,please contact Mr. Francis at(804) 897-9786 or lindy.francis®vdem.virginia. oy. VDEM looks forward to working closely with you in expanding and improving emergency preparedress for hazardous materials in your emergency planning district. Sincerely, Jeffrey D. Stern JDS/rtf Enclosures C: Randy Francis "Working to Protect People,Property and Our Communities" �µt f r'" 3 w it' ?"Yi^..'F":F'k:,k ",''s 2.„,'a °£a"#, *'''t9' ,y.��'—`. s�, > Y4 4. nwF f4 m r 4~fsy:,'t• 5 , t 4 1C fd^' `: M a to Y ^ y, o gar,+ �u i o a o v ' '` S Q if , ,—. , t U r lit. ti o iJ•.0 � .. a -..4.� "re a �,4 i , np s'.'"°" °4 r; 4; a"r` t zTM dy P 4 i:'41141 n •r, 1 y.fh :ii , g�rnt .� lq i.� i s+ £ x as ,t1 E ?' ' ea . rcr .a ^ ,a b r>c t ,, ''Y ." aa`." a ..a`r.. ``r n . .� i.e�@, u u . 1T)1 .�'PM ". Y. r'Y .. `�, "Y ^".'?:sa &, GRANT NO: HM-HMP-0421-14-01-00 GRANTEE: Commonwealth of Virginia CITY AND STATE: Richmond,Virginia SUB-GRANTEE: City of Roanoke CITY AND STATE: Roanoke, Va. SCHEDULE: This award is for the proposed 1 year project to be completed at the end of the budget period for which funding is being provided, September 30,2015. TERMINATION DATE: The termination date of this grant is September 30,2015 unless terminated earlier in writing by the Government. MAXIMUM FEDERAL FUNDS APPROVED (INCLUDING ANY AMENDMENTS): $32.000 Cost sharing is mandated as a condition of this grant at the rate of 80% for the Federal share an d 20% for the non-Federal share. PROGRAM DESCRIPTION: To provide funding for public sector emergency planning and training. U.S.DEPARTMENT OF TRANSPORTATION DOT ASSISTANCE AGREEMENT HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS Public Sector Planning and Training Grants Through the Commonwealth of Virginia Part 17 ASSISTANCE NOTIFICATION INFORMATION. 1. ASSISTANCE ID NO.:HM-HMP-0421-14-01-00 2. LOG NO: 3. DATE OF AWARD: 10/28/2014 4. MAILING DATE: 10/29/2014 5. AGREEMENT TYPE: Grant Agreement 6. PAYMENT TYPE: Check 7. RECIPIENT:' S. PAYEE: City of Roanoke City of Roanoke 215 Church Ave.S.E. 215 Church Ave.S.E. Roanoke,Virginia 24011 Roanoke,Virginia 24011 9. SUB-GRANTEE PROJECT MANAGERS: TELEPHONE: Ms. Marti L.Stone (540)853-2426 Emergency Management Coordinator marci.stone @roanokeva.goc 10. EIN NO.:54-6001354 11. CONGRESSIONAL DISTRICTS: 6 12. DOT ISSUING OFFICE: 13. DOT PROJECT OFFICER: RSPA/OHMS/DHM-7 Kyra Stewart 400 Seventh Street,S.W. Telephone: (202)366-0001 Washington D.C.20590 Telephone:(202)366-8022 It COY ISSUING OFFICE 15. VDEM PROJECT OFFICER Virginia Department of Emergency Management Randy Francis 10501 Trade Court Telephone:(804)897-9786 Richmond,Virginia 23236 email:randy.francislalvdem.vireinia.nov Telephone: (804)897-9786 16. STATUTORY AUTHORITY: Federal Hazardous Material Transportation Law,49 U.S.C. 5101 et seq. 17. REGULATORY AUTHORITY: 40 CFR Part 110 18. PROJECT TITLE/DESCRIPTION: Hazardous Materials Emergency Response Plan update,hazard analysis,commodity flow study&maintenance of hazardous materials data 19. PROJECT LOCATION(Areas Impacted by Project) JURISDICTIONS:City of Roanoke CONGRESSIONAL DISTRICTS: 6 20. ASSISTANCE PROGRAM: 20.703 21. PROJECT PERIOD: 10/1/14-9/302015 22. BUDGET PERIOD: 10/1/14-9/302015 23. ESTIMATED TOTAL PROJECT PERIOD COST: $40,000 24. TOTAL BUDGET PERIOD COST: $32,000 FUNDS rt.. . ., FORMER AWARD THIS ACTION ,AMENDED TOTAL ._ 25. DOT AMOUNT THIS ACTION 832,000 26. UNEXPENDED PRIOR YR.BALANCE 27. OTHER FEDERAL FUNDS 28. RECIPIENT CONTRIBUTION $8,000(In-Kind) 29. OTHER CONTRIBUTION 130. TOTAL ALLOWABLE COSTS $32,000 IPARTsTt4aPRO :UDGfl ,,y+.i'x,t"#s grit--.. TABLE Ao Na o SCAIBEGORY , az TO . o :lb n o.W B13 , gr 'y� 4P �i M d. a A 1a-. ay 1 1 A, S,,t a „ -r as i *` 1. PERSONNEL 2. FRINGE BENEFITS 3. TRAVEL 4. EQUIPMENT 5. SUPPLIES 6. CONTRACTUAL $32,000 7. OTHER(In-Kind) $8,000 8. TOTAL DIRECT CHARGE 9. INDIRECT COST RATE %BASE 10. TOTAL(Share: Non-federal 20%, Federal 80%) $40,000 It .TO2AT,APPROVED ASSISTANCE AMOUNT $52,000. TABLE$„ OBJECT-CLASS Q Q7HGORY , tf0 t O i o WABEE 4 i x ": 'Yta NI GF , . y. F � . 2. 3. 4. 5. 6. 7. 8. 9. TOTAL(Share: Non-federal 20%,Federal 80%) 10. TOTAL APPROVED ASSISTANCE AMOUNT TOTAL(PLANNING AND TRAINING) $32,000 ';' ;?PAR'TvIII;-AWARD`COND1111IONS.; ':,.:. I. GENERAL CONDITIONS: See general terms and conditions governing the federal Hazardous Material Transportation Law attached 2. SPECIAL CONDITIONS: The recipient covenants and agrees to expeditiously initiate and complete the project work for which assistance has been awarded under this agreement in a timely manner. The recipient warrants,represents,and agrees that it and its contractors,subcontractors, employees,and representation will comply with all applicable provisions of 49 CFR 18,49 CFR 110,and any amendment to this agreement. The sub-grantee certifies that the aggregate expenditure of funds of the Emergency Planning District and Local Emergency Planning Committee, exclusive of Federal Funds, for planning emergency response for accidents and incidents involving hazardous materials will be maintained at a level which does not fall below the average level of such expenditures for its last 2 fiscal years. This amount may not be used for grant matching purposes. The Agreement must be completed and returned to: Randy Francis Manager,Homeland Security Planning Virginia Department of Emergency Management 10501 Trade Court North Chesterfield,Virginia 23236-3731 within 30 calendar •:ys after receipt or within any extension of time as may be granted by the Grant Manager. Receipt of a written refusal or failure to return the properly executed document within the prescribed time may result in the withdrawal of the offer by the Grant Manager. Any change to the Agreement by the recipient subsequent to the document being signed by the Grant Award Manager which the Grant Manager determines to materially alter the Agreement shall void the Agreement. :• -- r.- a�, , = OSEIDIANDACCEPXANCE 7- , '; , ,,.'E,.. '. - .. The United States of America, acting by and through the U. S. Department of Transportation and the Commonwealth of Virginia, hereby offers assistance to City of Roanoke for 80%of all approved costs incurred un to and not exceeding 530.000 for the support of approved budget period effort described in application(including all application modifications)included herein by reference. -40/ raiy HMEP Grant Manager Date TEE'QOIKKONW,EALTITOFAtC11NIfA , Award Official Signature Name and Title Date 'Ve"--■—_ Jeffrey D. Stem State Coordinator 1Az 1 t3 L ( 1 7 This Agreement is subject to applicable U.S. Department of Transportation statutory provisions and assistance regulations. In accepting this award and any payments made pursuant hereto,(1)The undersigned represents that he/she is duly authorized to act on behalf of the recipient organization,and(2)the recipient agrees that acceptance of any payment(s)constitutes an agreement by the payee that any amount found,bit DOT or VDEM,to have been overpaid will be refunded or credited in full to DOT. , ant AND ONS&BALF OF•TEEDEMONA1Illift8iCrientW OROMiiiARROIV A 0 cial Si ature Name and Title Date �� CAVE sF is P tOvw.fr/ C,.tks444.. /1- t-yy IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40128-121514 . AN ORDINANCE to appropriate funding from the Capital Projects Fund Contingency to the Sealed Trash Compactor — Zone III project, amending and reordaining certain sections of the 2014-2015 Capital Projects 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 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contingency 08-530-9575-9220 $ ( 150,000 ) Appropriated from General Revenue 08-530-9545-9003 150,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTES City Clerk. i '4 CITY OF ROANOKE .r►-E,' OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 ' 1';$ Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MM(. E-mail: clerk&r °r omtokevn'g JONATHAN E.CRAFT,CMC City Clerk Deputy, City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40129-121514 amending Section 14.1-1, Definitions, of Article I, In General, of Chapter 14. 1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to provide for the proper collection of refuse. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 15, 2014; and is in full force and effect upon its passage. Sincerely, kit&a:Lyn . Stephanie M. Moon nol , MMC City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance \� `� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40129-121514 . AN ORDINANCE amending Section 14.1-1, Definitions, of Article I, In General, of Chapter 1 4.1, Solid Waste Mann =m t, of the Code of the City of Roanoke (1979), as amended, to provide for the proper collection of refuse as set forth below; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1-1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Marra ement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1-1. Definitions * * * Sealed compactor zone shall mean that area which is bordered by the centerlines of Jefferson Street on the west, Williamson Road on the east, Norfolk Avenue on the north, and Church Avenue on the south;; and that area which is bounded by the centerlines of 1st Street, S.W. and Jefferson Street to the west and east and Norfolk Avenue and Kirk Avenue to the north and south, as well as 2nd Street and 1st Street, S.W. to the west and east and Norfolk Southern Railroad and Salem Avenue to the north and south:; and that area which is bounded by the centerlines of 1S1 Street, S.W., and Jefferson Street (to the west and east) and Kirk Avenue and Church Avenue (to the north and south), as well as 2nd Street, S.W., and 1st Street, S.W. (to the west and east), and Salem Avenue and Church Avenue (to the north and south). * 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: \en . \net ` City Clerk 0-Amending 14.1-1-3rd compact01 doc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Third Sealed Trash Compactor Site Background/Considerations: Sealed trash compactor service began in September, 2013, for businesses and residents in the City's Historic Market District. The defined service area included properties located between the centerlines of Jefferson Street and Williamson Road (to the west and east) and Norfolk Avenue and Church Avenue (to the north and south). This area was subsequently expanded westward in November, 2014, in anticipation of a second trash compactor to be installed in the Campbell Court bus facility in 2015. This service eliminates the need for businesses and residents to place trash and recycling on the public sidewalk for collection by Solid Waste Management crews. Recent efforts by Downtown Roanoke, Inc. (DRI), and City staff have resulted in the identification of an acceptable site for a third sealed trash compactor and further expansion of the compactor zone. The site, which is now under lease to the City, is located in a parking lot on the north side of the 100 block of Kirk Avenue, S.W., and consists of 671 square feet owned by Shenandoah Building Associates LLC. Plans are underway for the installation of a leased 30- cubic-yard sealed trash compactor on this site, which will be accessible from Kirk Avenue, S.W., while being appropriately screened from view. The expanded area of the Sealed Compactor Zone for the third sealed trash compactor would include the properties bounded by the centerlines of 1 " Street, S.W., and Jefferson Street (to the west and east) and Kirk Avenue, S.W., and Church Avenue, S.W., (to the north and south), as well as 2^' Street, S.W., and 1 " Street, S.W. (to the west and east), and Salem Avenue, S.W., and Church Avenue, S.W., (to the north and south), as shown on the attached map. Construction plans and specifications have been developed with a goal of having the compactor in operation by March 31 , 2015. Customers that register with the City to use the sealed trash compactor would be provided with a handheld electronic device for access. Fees are identified in the City's Fee Compendium. The first two (2) uses of the sealed trash compactor in any given week are free of charge. A fee of $1 .00 is charged for each subsequent use of the sealed trash compactor for the remainder of each week. Fees are capped at the existing rate of $70 and $120 per month per customer, based upon "class of trade". Customers within this expanded portion of the Sealed Compactor Zone who are not prepared to register for sealed trash compactor service at that time would continue to receive refuse and recyclables collection service from Solid Waste Management crews through June 30, 201 5. Choosing this interim option would require these customers to place refuse and recycling on the sidewalk between 2:00 a.m. and 6:00 a.m. for Monday through Saturday collection by City crews beginning at 6:00 a.m. Based upon the cost of collection to the City, there would be a fee increase for these customers from the existing rates of $70 and $120 to a new monthly charge of $140 and $240, respectively, between April 1 and June 30, 2015. Beginning July 1 , 2015, customers within the expanded portion of the Sealed Compactor Zone would no longer be allowed to stage trash and recyclables on the sidewalk for collection by City crews and would be required to use the sealed trash compactor or make alternate provisions for trash removal. Funding for this compactor project has been identified from the Capital Project Contingency. The estimated one-time construction and preparation cost is $150,000 and includes an enclosure and gate system, extension of electric service, a security system, lighting and Kirk Avenue entrance widening. A City Code amendment is required to revise the definition of the Sealed Compactor Zone identified in Section 14.1 -1 . The revised Sealed Compactor Zone will include the original and new areas described above and shall be defined as the area bordered by the centerlines of 2 Street, S.W. on the west, Williamson Road, S.E on the east, Norfolk Avenue, S.W. on the north and Church Avenue, S.W. on the south. The Fee Compendium was amended by City Council on November 3, 2014 to reflect the change in rates to be charged certain customers who do not elect to use the sealed trash compactor before April 1 , 2015. Recommended Action: Adopt the accompanying budget ordinance to transfer $150,000 from the Capital Project Contingency (08-530-9575-9220) to the "Sealed Trash Compactor - Zone III" Project 08-530-9545-9003. Amend Chapter 14.1 , Solid Waste Management, of the City Code, by amending Section 14.1 -1 , Definitions, of Article I, In General, to revise the definition of the Sealed Compactor Zone. Christopher P. 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'6.'r.,.p 4-1..-E(,':;--,'.'''.-'.:v,.,.i,'..,..',.i."`7"',,..,13..W:,..,1,4....:I 7.,r,,:,•::,.4,.:''::'.,,.Z-'-,1'"*-"•"r"'"" ',,•,• i,.,'.'.'..rM.....4.:.'..,.f.Ii..L nl.1' •._..•'-I,'. •— . . 1... . $ N. . • , _'.-.....,.. . r ... ,..t .-.... A - j . , co - -'''• . .., . ... t ......, LUCK AVE '241M1114101r. . . - - 1 1 inch =200 f — eet ' - 4.. ,_ . .., -4.-• t ' >4•.; ,_„.....iit,. ,L, . ... ,. . ,4, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 w � ri t trr,41, Roanoke,Virginia 24011-1536 'Telephone: (540)853-2541 Fax: (540)853-1145 ti'l'l?PIIANII?M.MOON REYNOLDS,MMC E-mail: r , l: elka roanokeva.gov JONATHAN E.CRAFT,CMC' City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 Tina I. Workman, President and Chief Executive Officer Downtown Roanoke, Inc. 213 Market Street, S. W. Roanoke, Virginia 24011 Dear Ms. Workman: I am enclosing copy of Resolution No. 40130-121514 accepting the donation of eight Big Belly solar-powered litter compactors from Downtown Roanoke, Inc.; and authorizing the City Manager to take such further actions and execute all documents as may be necessary to obtain, accept, implement, administer and use the donation of the litter compactors. On behalf of the Mayor and Members of Council and that of the citizens of the City of Roanoke, I would like to express sincere gratitude for the generous donation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 15, 2014. Sincerely, Arttiar 1.‘n DJ" Stephanie M. Moon R old , MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Skip Decker, Manager, Solid Waste Management f. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40130-121514 . A RESOLUTION accepting the donation of eight (8) Big Belly solar-powered litter compactors ("Compactors") from Downtown Roanoke, Inc.; authorizing the City Manager to take such further actions and execute all documents as may be necessary to obtain, accept, implement, administer and use the donation of the litter compactors; and expressing the City's appreciation for such donation. WHEREAS, Downtown Roanoke, Inc. ("DRI"), a non-profit downtown development organization dedicated to making the downtown area a unique and successful place to work, wishes to donate eight compactors to the City; and WHEREAS, it is the recommendation of the City Manager that City Council accept the donation of eight (8) compactors for use by the public in the City in accordance with the provisions of Section 2-263, Code of the City of Roanoke (1979), as amended, which provides that gifts valued in excess of$5,000 be accepted by resolution of City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation of eight (8) compactors from DRI, in accordance with the recommendation contained in the City Council Agenda Report dated December 15, 2014. 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, 1 administer, and use the donation of the compactors, with any such documents being approved as to form by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to DRI for its generous donation to improve the downtown area as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to DRI expressing the City's appreciation for its donation. ATTEST: Atlas%jisty ..‘movys..Q\70214, City Clerk` R-8 Big Belly solar-powered little compactor Donation.doc 2 wrf 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Downtown Roanoke Inc. Donation of Big Belly Solar-Powered Litter Compactors Background: Downtown Roanoke Inc. (DRI) is a nonprofit downtown development organization dedicated to making the downtown area a unique and successful place to work, live and play. Earlier this year DRI purchased eight (8) Big Belly solar-powered litter compactors for use within the Central Business District. These Big Belly compactors have been identified with the DRI logo and have been strategically placed to serve high pedestrian areas. The total of these units were valued at $32,000. Considerations: These eight Big Belly Solar compactors have a value of $32,000. City Council approval is required to accept these units. Solid Waste Management will service and maintain these units. Recommended Action: Accept this donation described above and authorize the City Manager to execute the donation agreement; all such documents to be approved as to form by the City Attorney. '- opher P. Morrill City Manager Distribution: Council Appointed Officers ROANOKE DONATION AGREEMENT THIS DONATION AGREEMENT ("Agreement") is made and entered into the 18th day of November, 2014, by and between the CITY OF ROANOKE ("City"), and Downtown Roanoke, Incorporated ("DRI"). WHEREAS, DRI has purchased eight (8) Big Belly Single Station trash compactors ("Trash Compactors") with one (1) year CLEAN Management Software; WHEREAS, the Trash Compactors have already been placed within the City's right-of- way at various locations in the downtown area; WHEREAS, DRI would like to donate the Trash Compactors with one (1) year CLEAN Management Software, and all accompanying manuals and literature, to the City; WHEREAS, the City of Roanoke is grateful for, and willing to accept, such donation; and WHEREFORE, the parties wish to memorialize their duties and responsibilities in this Agreement. 1. DRI shall donate eight (8) Trash Compactors with one (1) year CLEAN Management Software, and all accompanying manuals and literature, to the City. Such donation of the Trash Compactors shall be considered effective upon execution of this Agreement by both parties, and DRI shall forward all manuals, literature, warranties, keys and passwords or access codes pertaining to the one (1) year CLEAN management software to the Director of the Department of Public Works within five (5) business days after execution of this Agreement by both parties. 2. Upon execution of this Agreement by both parties, the City shall be responsible for the maintenance and repair of such Trash Compactors whether such maintenance and repair is necessitated by ordinary wear and tear, accident, vandalism or any other cause. 3. The City Manager for the City shall have sole and absolute discretion as to whether the Trash Compactors, or any of them, shall be maintained or repaired, regardless of whether such maintenance or repair is necessitated by wear and tear, accident, vandalism or any other cause. The decision of whether to maintain or repair the Trash Compactors, or any of them, shall include the decision of whether or not to replace the Trash Compactors, or any of them, as a result of wear and tear, accident, vandalism or any other cause. 4. The Trash Compactors, or any of them, shall, if not removed for maintenance, remain in the Central Downtown District, and if removed for maintenance, shall be returned to the same location from which they came. 5. This Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties, such writing to make specific reference to this Agreement. 6. Except as otherwise specifically provided herein, the terms and provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties. 7. The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. 8. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their respective capacities as indicated. IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first above written: ATTEST: CI 'F 7 I ANOKE, VIRGINIA 2 /i90 -4 I QFpurt Ciiv CiERK- B A , • ' -ynolds City-Clerk- op er P. Morrill, City Manager QW• r#t}N f. CRS ,, DFiur•I erne oa t< DOWNTOWN ROANOKE, Ws mss INCORPORATED By "Y ►' k2J l A.., BY .ti, Secretary President Approved as to Form: Approved as to Execution: C A{ 7" . labh friZa Cz ecuc i,. to (i Steve Talevi, Ptssistant City At ,rney Steve Talevi, A sistan City Attorney Appropriation and Funds Required for this Contract Certified: Director of Finance Account# Date ;, CITY OF ROANOKE • ,t 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 @lroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 The Honorable Terrence R. McAuliffe The Honorable John S. Edwards Governor, Commonwealth of Virginia Member, Senate of Virginia P. O. Box 1475 P. O. Box 1179 Richmond, Virginia 23218 Roanoke, Virginia 24006-1179 The Honorable Sam Rasoul The Honorable Chris Head Delegate, House of Representatives Delegate, House of Representatives 3027-C Peters Creek Road, N. W. P. O. Box 19130 Roanoke, Virginia 24017 Roanoke, Virginia 24019 Dear Governor McAuliffe and Members of the General Assembly: I am enclosing copy of Resolution No. 40131-121514 requesting the Governor and the General Assembly to eliminate Local Aid to the Commonwealth for FY16 and subsequent budgets. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 15, 2014. Sincerely, i&rLc)PJ , tp,� i !,.,, Stephanie M. Moon Rey 'Ids 7 City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL FOR THE CITY OF ROANOKE., VIRGINIA The 15th day of December, 2014 . No. 40131-121514 . A RESOLUTION requesting the Governor and the General Assembly to eliminate Local Aid to the Commonwealth for FY16 and subsequent budgets. WHEREAS, cities and counties have balanced their budgets during a time in which future state assistance is unreliable, federal stimulus dollars are depleted, and real estate assessments are either stagnant or in decline; WHEREAS, the Appropriation Act contains $30 million in across-the-board cuts to cities and counties for FY15, under which localities are required to either elect to take reductions in particular state aid programs, or to send the State a check for the amounts determined by the Department of Planning and Budget ("Local Aid to the Commonwealth"); WHEREAS, the reductions are applied to essential services, including law enforcement, jail administration, foster care and child protection services, election administration, and social services; WHEREAS, the state budget cuts are not accompanied by any reductions in mandates, standards, and service requirements imposed by the state on localities, nor do they provide any administrative flexibility for local agencies; WHEREAS, the City of Roanoke remitted $1,403,033 in FY12, $1,129,794 in FY13 and will be required to remit another $681,914 in FY15; WHEREAS, the amendments to the State FY16 budget includes Aid to the Commonwealth in the amount of$30 million; WHEREAS, revenue collections for the City of Roanoke continue to reflect the struggling housing market; and KAMeasures\Current Aid measure doe 12/11/14 WHEREAS, the state should not shill its share of the costs for mandates and responsibilities to local governments; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council requests Governor Terry McAulliffe and the General Assembly to eliminate Local Aid to the Commonwealth of $30 million that is currently a part of the FY16 budget. 2. City Council requests Governor McAulliffe and the General Assembly to oppose any further Local Aid to the Commonwealth during the 2015 session of the General Assembly that will reduce funds available to localities in FY16 and subsequent fiscal years. 3. The City Clerk is directed to provide attested copies of this resolution to The Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, The Honorable John S. Edwards, Senator for District 21 State Senate, The Honorable Sam Rasoul, Delegate for the 11th District of the House of Delegates, and The Honorable Christopher Head, Delegate for the 17th District of the House of Delegates. ATTEST: \ � , 0.4, (Vr v\t r16xlYt✓ City Clerk. �•_ K:\Measures\Current Aid measure.doc 12/11/14 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Resolution to Request Discontinuation of Aid to the Commonwealth Background: During the 2008 Session of the General Assembly, one of the strategies utilized to balance the budget for the Commonwealth of Virginia was the implementation of State Reductions in Aid to Localities which totaled $50 million. The reduction was increased to $60 million during the 2010 General Assembly and decreased to $50 million for FY 2013 and $45 million for FY 2014 during the 2012 General Assembly. This practice was discontinued during the 2013 General Assembly. Due to the projected revenue shortfall for the Commonwealth during FY 2015, State Reductions in Aid to Localities has been implemented again. The State based the reductions on the level of funding that is provided to localities for various offices and programs. The office and programs that impact the City of Roanoke include: • Registrar/Electoral Board • Sheriff/Jail • Commissioner of the Revenue • Commonwealth Attorney • Treasurer • Library Aid • Rolling Stock Tax • Recordation Tax • Social Service - Comprehensive Services Act • House Bill 599 - Local Law Enforcement • Juvenile Detention Center Considerations: The Commonwealth of Virginia Department of Planning and Budget, as it has since the inception of the reductions, outlines three methods, one of which may be selected to manage the reduction in the flow of revenue from the State to each locality. They are: • Reduce direct revenue for each program based on the State calculated reduction for each program; or • Reimburse the state for the revenue reduction; or • Use a combination of direct program revenue reductions and reimbursement payment. The City of Roanoke uses the reimbursement method and reimburses the State for the revenue reduction. Since FY 2009, the City has returned approximately $6.1 million and reduced expenditure budgets to accommodate the required reductions. For FY 201 5, the reduction amount is $681 ,914. Attached to this report is a resolution to be adopted by City Council asking the Governor and members of the General Assembly to no longer employ the use of reductions to the Aid to Localities as a balancing mechanism. Recommended Action: Adopt the attached resolution requesting the support of the Governor and members of the General Assembly to not utilize the Local Aid to the Commonwealth requirement for FY 2016 and subsequent fiscal years. / I ristopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Management and Budget 2 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40132-121514 . A RESOLUTION accepting a grant from the Department of Housing and Urban Development(HUD)and authorizing execution of any required documentation on behalf ofthe City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Housing and Urban Development(HUD) Lead Hazard Control's Office of Healthy Homes FY2014 Lead-based Paint Hazard Control Grant from HUD in the amount of$2,179,064, with a required City match of$277,968, for a total project amount of $2,457,032 for this 36 month program. The City match will be satisfied from several sources that are identified in the City Council Agenda Report dated December 15, 2014. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively,on behalf of the City, any and all documents required by HUD pertaining to such grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by HUD in connection with the grant. 3. The execution of any document by the City Manager prior to the date of this Resolution consistent with the City Council Agenda Report dated December 15, 2014, to City Council is hereby ratified. ATTEST: City Clerk. HUD-Lead Pamt Gmnt 2014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40133-121514 . AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Lead Hazard Control Grant, amending and reordaining certain sections of the 2014-2015 Capital Projects and Grant Funds 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 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Project Fund Appropriations Transfer to Grant Funds 08-530-9712-9535 $100,000 Fund Balance Economic and Community Dev Reserve 08-3365 (100,000) Special Revenue Fund Appropriations Regular Employee Salary 35-615-8155-1002 $327,881 City Retirement 35-615-8155-1105 64,000 401H Health Savings 35-615-8155-1117 2,800 FICA 35-615-8155-1120 22,000 Medical Insurance 35-615-8155-1125 36,200 Dental Insurance 35-615-8155-1126 2,200 Life Insurance 35-615-8155-1130 437 Disability Insurance 35-615-8155-1131 40 Fees for Professional Services 35-615-8155-2010 7,475 Training 35-615-8155-2044 23,400 Travel 35-615-8155-8052 32,496 Supplies 35-615-8155-8055 48,311 Relocation 35-615-8155-8254 70,200 Lead Testing and Clearance 35-615-8155-8255 183,280 LHC Single Family Units 35-615-8155-8256 708,350 LHC Rental Units 35-615-8155-8257 566,680 Other Direct Costs 35-615-8155-8258 21,314 Healthy Homes Units 35-615-8155-8259 162,000 Revenues Lead Hazard Control Grant FY15 35-615-8155-8155 2,179,064 Lead Hazard Control Grant FY15 - Local 35-615-8155-8156 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: WetvjA..t..)6A City Cler . a CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: HUD Office of Lead Hazard Control and Healthy Homes FY2014 Lead-based Paint Hazard Control Grant Background: In October 2003, HUD awarded the City of Roanoke (City) a 36-month, $1 .5 million dollar grant to prevent lead poisoning in children age of 5 and under by testing of children for lead poisoning; educating the community on the hazards associated with lead-based paint; and identifying, assessing, and performing lead hazard control activities in eligible privately-owned rental and owner- occupied housing units within targeted areas of the City. Partnerships were immediately formed between various City departments, the Roanoke City Health Department (RCHD), and non-profit organizations to create the Lead-Safe Roanoke program. The program ended successfully in December 2008. On February 25, 2009, the Department of Housing and Urban Development announced, as part of the funds provided by the American Recovery and Reinvestment Act of 2009, an award $1 ,406,633 to continue building upon the accomplishments of the initial Lead-Safe Roanoke program. On September 19, 201 1 , the Department of Housing and Urban Development announced that the City's application submitted in June, 2011 in response to the Office of Healthy Homes and Lead Hazard Control's FY 2011 Notice of Funding Availability (NOFA) was being awarded $1 ,855,733 to continue building upon the accomplishments of the previous Lead-Safe Roanoke programs. This program was recently completed successfully. On September 30, 2014, the Department of Housing and Urban Development announced that the City's application submitted in June, 2014 in response to the Office of Lead Hazard Control and Healthy Homes FY2014 NOFA was being awarded $2,179,064 to continue the Lead Safe Roanoke programs for another three year period. Considerations: HUD requires that the City of Roanoke provide a minimum local match of 10% in the form of cash and in-kind services. A local match of $277,968 has been developed for this 36-month program which will be met from various sources. City funds in the amount of $100,000 will assist with the costs of the lead hazard control activities to be performed. These funds will be provided from the Economic and Community Development Reserve account. The remainder of the match will be provided through in-kind City staff time valued at $30,352; in-kind blood screenings valued at $49,050 provided by New Horizons Healthcare; Dominion Lodging, Inc-Mainstay Suites will provide discounted relocation services for applicant families valued at $18,000; in-kind EPA-accredited Renovation, Repair and Painting (RRP) training and Lead Abatement Training valued at $7,800 will be provided by the El Group, Inc. as well as by Froehling and Robertson, Inc. at a value of $3,400; Norandex Building Materials Distribution, Inc. will provide discounted windows for the program with an in-kind value of $8,640; in-kind housing rehabilitation valued at $15,000 will be provided by Rebuilding Together Roanoke; in-kind Public Service Announcements valued at $29,200 will be provided by Roanoke Valley Cable Television; Strahle Construction, Inc. will be provide lead safe cleaning training to applicant families at a value of $7,600; Roanoke Redevelopment and Housing Authority will provide outreach and education services for the program valued at $2,526; TAP-This Valley Works/First Fathers will provide education and outreach services for the program valued at $1 ,000; and in-kind storage valued at $5,400 will be provided by W.E.L., Inc. to allow for the storage of Lead-Safe Roanoke related cleaning supplies used in cleaning kits to be provided to participants in the program. The program will continue to be administered by a full time Program Manager and a Program Support Specialist, and a part-time administrative assistant. Recommended Action: Accept the Office of Lead Hazard Control and Healthy Home's FY 2014 grant award of $2,179,064 described above, and authorize the City Manager to execute the grant agreement and related documents, in such form, as approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate of $2,179,064, transfer funding in the amount of $100,000 from the Economic and Community Development Reserve account (08-3365), and appropriate total funding of $2,279,064 into accounts to be established in the Grant Fund by the Director of Finance. ri• opher P. Morrill City Manager Attachments 2 Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning Building and Development 3 Assistance Award/Amendment U.S.Department of Housing and Urban Development Office of Administration 1.Assistance Instrument 2.Type of Action ❑Cooperative Agreement ®Grant ❑Award ®Amendment 3.Instrument Number 4.Amendment Number 5.Effective Date of this Action 6.Control Number VALHB0580-14 1 See Block#20 7.Name and Address of Recipient 8.HUD Administering Office City of Roanoke HUD,Office of Lead Hazard Control and Healthy Homes 215 Church Ave,Rm 310 North 451 Seventh Street,SW Roanoke,VA 24011-1518 Room8236 Washington,DC 20410 8a.Name of Administrator 8b.Telephone Number Markquonda Mathis (202)402-5120 10.Recipient Project Director 9.HUD Government Technical Representative Bob Clement,(540)853-1286;bob.clement@roanokeva.gov Yolanda Brown,(202)402-7596 11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office ®Cost Reimbursement ❑Treasury Check Reimbursement U.S.Dept of HUD ❑Cost Sharing ❑Advance Check CFO Accounting Center,6AF ❑ Fixed Price ®Automated Clearinghouse 801 Cherry St,Unit 1445 Ste.2500 Fort Worth,TX 76102 14.Assistance Amount 15.HUD Accounting and Appropriation Data Previous HUD Amount $2,179,064.00 8614/150174 LRLH/LRLHR $1,993,937.00 15b.Reservation number HUD Amount this action $0.00 8614/150174 LRIIII/LRHHI $185,127.00 LHC14-10(FY14) Total IIUD Amount $2,179,064.00 Amount Previously Obligated $2,179,064.00 Recipient Amount $277,968.00 Obligation by this action $0.00 Total Instrument Amount $2,457,032.00 _ Total Obligation $2,179,064.00 16.Description Employer identification: 54-6001569 DUNS: 0067043160000 Program:LHB/HHO This instrument sets forth the agreement between the parties as to all terms and conditions and provisions herein. By signing this award document,the Grantee certifies that it is in compliance with all administrative and financial provisions of this award.This grant instrument consists of the following,some of which are incorporated by reference: 1. Cover Page,HUD 1044 2. Schedule of Articles 3. Statement of Work/Work Plan/Benchmark Standards 4. Lead Hazard Control Program Policy Guidance Issuances 5. Grantee's financial and technical proposal 6. Mutually agreed and negotiated proposal changes 7. Abstract of grant activities 8. OMB Circular A-102,which was implemented by 24 CFR 85 9. OMB Circular A-110,which was implemented by 24 CFR 84 found at http://www.whitehouse.gov/omb/circularsffiefault 10. OMB Circular A-133, which was implemented by 24 CFR 84 and 85 11. Federal Register/Vol.79,No.100/Friday,May 23,2014/Notices 12. Blocks 8a and 81)changed;Block 14 Recipient amount changed from $285,267.00 to$277,968.00. Total Instrument Amount changed from $2,464,331.00 to$2,457,032.00. Period of Performance:36 months - January 5,2015 to January 4,2018 17. ® Recipient is required to sign and return three(3)copies 18.❑ Recipient is not required to sign this document. of this document to the HUD Administering Office 19.Recipient(By Name) 20.HUD(By Name) William C.Nellis,Grant Officer Signature&Title Date(mm/dd/yyyy) Signature&Title Date(mm/dd/yyyy) form HUD-1044(8/90) ref.Handbook 2210.17 r He • CITY OF ROANOKE "" ' OFFICE OF THE CITY CLERK > .1 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Q�, ' Telephone: (540)853-2541 Fax: (540)853-1145 SI'F.PIIANIE M.MOON REYNOLDS,MMC E-mail: elerk(i0roanokeva.gov JONATHAN E.CRAfl,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40134-121514 to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2014 - 2015 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 15, 2014, and is in full force and effect upon its passage. --A-4Sincerely, .0.0„.„ .,,,....,;(\„.Stephanie M. Moon R olds, MC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools 7/? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40134-121514 . AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2014-2015 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 2014-2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers 302- 110-1060-0050-332J-61100-41121 -0-06 $ 105,000 Substitutes 302- 110-1060-0050-332J-61100-41021 -0-06 1,500 Site Manager 302- 110-1060-0050-332J-61100-41124-0-06 5,400 Social Security 302- 110- 1060-0050-332J-61100-42201 -0-06 8,560 VRS 302- 110- 1060-0050-332J-61100-42202-0-06 9,993 Retiree Health Credit 302- 110-1060-0050-332J-61100-42200-0-06 1,164 Group Life Insurance 302- 110- 1060-0050-332J-61100-42205-0-06 1,332 Contracted Transportation 302- 110- 1060-0050-332J-61100-43343-0-06 22,230 Postage 302- 110- 1060-0050-332J-61100-45521 -0-06 289 Printing 302- 110- 1060-0050-332J-61100-44450-0-06 214 Teachers 302- 110- 1060-0420-332J-61100-41121 -0-06 52,500 Substitutes 302- 110- 1060-0420-332J-61100-41021 -0-06 1,500 Site Manager 302- 110- 1060-0420-332J-61100-41124-0-06 5,400 Social Security 302- 110- 1060-0420-332J-61100-42201 -0-06 4,544 VRS 302- 110- 1060-0420-332J-61100-42202-0-06 5,304 Retiree Health Credit 302- 110- 1060-0420-332J-61100-42200-0-06 618 Group Life Insurance 302- 110- 1060-0420-332J-61100-42205-0-06 707 Contracted Transportation 302- 110-1060-0420-332J-61100-43343-0-06 14,820 Postage 302- 110- 1060-0420-332J-61100-45521 -0-06 289 Printing 302- 110- 1060-0420-332J-61100-44450-0-06 214 Teachers 302- 110- 1060-0350-332J-61100-41121 -0-06 105,000 Substitutes 302- 110- 1060-0350-332J-61100 -41021 -0-06 1,500 Site Manager 302- 110- 1060-0350-332J-61100-41124-0-06 5,400 Social Security 302- 110- 1060-0350-332J-61100-42201 -0-06 8,560 VRS 302- 110- 1060-0350-332J-61100-42202-0-06 9,993 Retiree Health Credit 302- 110- 1060-0350-332J-61100-42200-0-06 1,164 Group Life Insurance 302- 110- 1060-0350-332J-61100-42205-0-06 1,332 Contracted Transportation 302- 110-1060-0350-332J-61100-43343-0-06 22,230 Postage 302- 110- 1060-0350-332J-61100 -45521 -0-06 289 Printing 302- 110- 1060-0350-332J-61100-44450-0-06 214 Testing and Evaluation 302- 170-3000- 1160-314J-61100-45584-3-03 2,385 Testing Fees 302 - 170-3000- 1160-315J-61100-45584-9-00 621 Career&Technical Educ. Equip. 302- 170 -3000-0400-306J-68200 -48110-3-03 685 Teachers 302 - 160.0000- 1304- 101J-61100-41121 -9-07 1,893 Social Security 302 - 160-0000- 1304- 101J-61100-42201 -9-07 145 One Stop Services 302- 160-0000- 1304-101 J-61100-45586-9-07 5,500 Materials&Supplies 302- 160-0000- 1304- 101J-61100-46620-9-07 961 GED Counselor 302- 160-0000- 1305-355J-61100-41123-9-07 425 Social Security 302- 160-0000- 1305-355J-61100 -42201 -9-07 383 Revenues State Grant Receipts 302 -000-0000-0000-332J -00000 -32421 -0-00 $397,260 State Grant Receipts 302-000-0000-0000-314J-00000-32349-0-00 2,385 State Grant Receipts 302-000-0000-0000 -315J-00000 -32349-0-00 621 State Grant Receipts 302-000-0000-0000-306J-00000-32252-0-00 685 Federal Grant Receipts 302-000-0000-0000- 101J-00000-38002-0-00 8,499 State Grant Receipts 302 -000-0000-0000-355J-00000-32298-0-00 808 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Nro_Qele, City Clerk. r. W ROANOKE CITY PUBLIC SCHOOLS December 15, 2014 Strong Students.Strong Schools.Strong City. The Honorable David Bowers, Mayor School Board and Members of Roanoke City Council Todd A. Putney Roanoke, VA 24011 Chairman Dear Members of Council: Suzanne P. Moore Vice Chairman As a result of official School Board action on Tuesday, December 9, 2014, the Board respectfully requests that City Council approve the William B. Hopkins, Jr. Mae Huff followin g appropriation requests: Annett e Lewis New Appropriation Award Lori E. Vaught Richard Willis Start-Up Grant for Extended School Year 2014-15 $397,259.44 Workplace Readiness for the Commonwealth $ 2,384.60 Dr. Rita D. Bishop Superintendent Revised Appropriation Additional Award Cindy H. Poulton Industry Certification and Licensure Testing 2014-15 $ 620.61 Clerk of the Board Career and Technical Education Equipment 2014-15 $ 685.36 Adult Basic Education 2014-15 $ 8,499.00 Race to GED 2014-15 $ 808.00 On behalf of the School Board, thank you for your consideration. Sincerely, Q14 Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron 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 A�g UtiR' ` % f CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: School Board Appropriation Request Background: As the result of official School Board action at its December 9, 2014 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. Hurt Park, Fallon Park, and Westside Elementary Schools have received awards from the Virginia Department of Education for the 2014-15 school year of $397,260 to assist the School Division in establishing year-round programs. The goal of these programs is to provide greater opportunity for remediation and enrichment while reducing the potential for a decline in academic skills when school is not in session. This is a new program that will be fully reimbursed by State funds and will end June 15, 2015. The Workplace Readiness for the Commonwealth Exam Allocation 2014-15 grant of $2,385 is state funding to help defray a portion of the cost for standard diploma graduates to take the Workplace Readiness Skills for the Commonwealth Examination and associated pre-tests. This is a continuing program that will be fully reimbursed from state funds and will end May 31 , 2015. The Industry Certification Examinations, Licensure Testing 2014-215 grant of $621 provides funding for the reimbursement of specified costs associated with student credentialing. This is an increase to the original award allocation. This is a continuing program that will be fully reimbursed by state funds and will end May 31 , 2015. The Career and Technical Education State Equipment 2014-15 grant of $685 provides funding for the reimbursement of specified costs associated with career and technical education equipment purchases. This is an increase to the original award allocation and is the final award amount. This is a continuing program that will be fully reimbursed by state funds and will end June 5, 2015. The Adult Basic Education program 2014-15 grant of $8,499 provides funds for the education of adults who have not completed high school. This is an increase to the original award allocation. The program is reimbursed through Federal funds and matching funds will be provided by RCPS. This is a continuing program and will end June 30, 201 5. The Race to GED program 2014-15 grant of $808 provides funds for supplies, tuition, and instructors to increase participation in GED examinations by adults who did not complete high school. The program is reimbursed 100% by state funds, passed through the regional award for which Salem City Schools serves as fiscal agent. This is a continuing program that will end May 15, 2015. 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. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M.Jackson, Acting Executive Director of Fiscal Services, RCPS 2 e. j;, ? CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W, Suite 456 i h Roanoke,Virginia 24011-1536 .:,- rt'_u '1'clephonc: (540)853-2541 Fax: (540)853-1145 SI'EPIIANIG.M.MOON REYNOLDS,MM(' E-mail: clerk(a)roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIAT.WEBB,CMC Assistant City Clerk December 16, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40135-121514 to adopt an amendment to the 2014 - 2015 School Board Categorical Budget, amending and reordaining certain sections of the School General Fund Appropriation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 15, 2014, and is in full force and effect upon its passage. A Sincerely, t\ e) N 4..., Stephanie M. Moon Reynolds, Mt, City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools / /() IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40135-121514 . AN ORDINANCE to adopt an amendment to the 2014-2015 School Board Categorical Budget, amending and reordaining certain sections of the School General Fund Appropriation, 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 School General Fund Appropriation be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Revenues Appropriations $ 1,000,000 8,591,152 Fund Balance - Una ppropriated (7,591,152) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: // Qa't!'s tM d� City Clerk. 1501 ROANOKE CITY PUBLIC SCHOOLS December 15, 2014 Strong Students.Strong Schools.Strong city. The Honorable David Bowers, Mayor School Board and Members of Roanoke City Council Todd A. Putney Roanoke, VA 24011 Chairman Dear Members of Council: Suzanne P. Moore Vice Chairman Following adoption of the Schools' 2014-15 Categorical Budget in March 2014, two categorical expenditures were identified and William B. Hopkins, Jr. subsequently approved by the School Board. Additionally, in order Mae G. Huff Annette Lewis to more efficiently address the construction project at Round Hill Lori E. Vaught Elementary School, the Board approved the pre-funding of Phase III Richard Willis to take advantage of cost and time-saving benefits of continuous Dr. Rita D. Bishop work flow. As a result of official School Board action on Tuesday, Superintendent December 9, 2014, the Board respectfully requests that City Council approve the following amendments to the Schools' 2014-15 Cindy H. Poulton Budget: Clerk of the Board Revenue: Sales Tax Revenue Increase $1,000,000 Expenditures: K-12 Language Arts Textbook Adoption $1,891,152 (committed fund balance) Eighth Grade Laptop Initiative $1,200,000 (uncommitted fund balance) Pre-Funding of Round Hill Elementary School Phase III (funded from fund balance and reimbursed as soon as FY2016 bond funds are available) $5,500,000 (uncommitted fund balance) On behalf of the School Board, thank you for your consideration. Sincerely, Pi\ Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Acquenatta Harris Todd A. Putney p: 540-853-2381 1: 540-853-2951 P.O.Box 13145 Roanoke,VA 24031 www.rcps.info Apt I o ilt CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Amendment to the Roanoke City Public Schools (RCPS) FY2014-2015 Categorical Budget Background: On December 9, 2014, the School Board approved an amendment to the RCPS FY 2014- 201 5 Categorical Budget for the General Fund for items that were identified after the March 2014 budget adoption. The increase in the General Fund budget is related to a K- 12 series language arts textbook adoption, a laptop initiative and the completion of classrooms in the Round Hill Phase Ill capital project. The Round Hill Project is being accelerated to take advantage of the cost and time saving benefits of continuous work flow. Details of the categorical budget changes are listed in the chart below: ADOPTED AMENDED DIFFERENCE CATEGORICAL CATEGORICAL ADOPT!AMENDED BUDGET BUDGET GENERAL FUND REVENUE CATEGORY STATE REVENUES $ 77,081,235 $ 78,081,235 $ 1,000,000 CITY REVENUES 74,579,200 74,579,200 - OTHER REVENUES 5 500 0Q0 5 500 000 - TOTAL REVENUES $157,160,435 $158,160,435 $ 1,000,000 EXPENDITURE CATEGORY INSTRUCTION $ 109,188,187 $ 111,079,339 $ 1,891,152 ADMINISTRATION/ATTENDANCE AND HEALTH 12,609,400 13,809,400 1,200,000 TRANSPORTATION 10,387,942 10,387,942 INTERFUND TRANSFER TO ATHLETICS 1,600,000 1,600,000 OPERATIONS AND FACILITIES 15,094,119 20,594,119 5,500,000 DEBT SERVICE 15,034,414 15,034,414 TOTAL EXPENDITURES $163,914,062 $172,505,214 $ 8,591,152 FUND BALANCE $ (6,753,627) $ (14,344,779) $ (7,591,152) ADOPTED AMENDED DIFFERENCE CATEGORICAL CATEGORICAL ADOPT/AMENDED BUDGET BUDGET ATHLETICS FUND REVENUES $ 1,700,000 $ 1,700,000 EXPENDITURES $ 1,700,000 $ 1,700,000 - FOOD SERVICE FUND REVENUES $ 7,137,836 $ 7,137,836 EXPENDITURES $ 7,137,836 $ 7,137,836 - Honorable Mayor and Members of Council December 1 5, 2014 Page 2 Recommended Action: We recommend that you concur with this report of the School Board and adopt the first amendment to the 2014-15 Categorical Budget. Adopt the accompanying budget ordinance to increase revenues and expenditures of the School Board General Fund. (7V 0±4(61A4 Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Acting Executive Director of Fiscal Services, RCPS 2 isfr 4, CITY OF ROANOKE OFFICE OF THE CITY CLERK i 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 l'l{PIIANIE M.MOON REYNOLDS,MMC L-mail: clerki roanokeva.gov JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 Edward B. Walker 204 South Jefferson Street, S. W., Suite 12 Roanoke, Virginia 24011 Dear Mr. Walker: I am enclosing copy of Resolution No. 40136-121514 naming you as the 2014 Citizen of the Year for the City of Roanoke. On behalf of the Members of Roanoke City Council, I would like to congratulate you on being recognized as the 2014 Citizen of the Year. Please find enclosed a personalized plaque and be advised that the Citizen of the Year Plaque will be on display in the lobby area on the second floor of the Noel C. Taylor Municipal Building, which also displays your photograph as the 2014 Citizen of the Year. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 15, 2014. Sincerely, ArtiLteti" ".1 Stephanie M. Moon Re Ids, C City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance e‘jr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40136-121514 . A RESOLUTION naming Edward B. Walker as the 2014 Citizen of the Year for the City of Roanoke. WHEREAS, Mr. Walker is a native of Roanoke, Virginia and received his undergraduate degree from University of North Carolina at Chapel Hill, his Juris Doctorate from Washington and Lee University, and attended St. Andrews University in Scotland; WHEREAS, Mr. Walker is an entrepreneur and lawyer based in Roanoke, who focuses his passion and vision on smaller cities in the United States and abroad; WHEREAS, Mr. Walker is the Managing Member of ReGeneration Partners, LLC, and CityWorks, LLC; WHEREAS, Mr. Walker founded the nonprofit Downtown Music Lab in 1999, providing a venue for young people to perform and record music; WHEREAS, in 2002, Mr. Walker was a leader in salvaging the Grandin Theatre, serving as general counsel and president of the foundation that raised funds needed to reopen the theatre; WHEREAS, in 2011, Mr. Walker founded the annual CityWorks (X)po in Roanoke, an annual festival summit that brings together entrepreneurs and others interested in boosting connectivity within and between localities to share big ideas to make small cities better; WHEREAS, Mr. Walker founded the Co-Lab, a shared business space in Grandin Village, and has been a champion of social entrepreneurship; WHEREAS, Mr. Walker's innovation and vision led him to play a major role in the redevelopment of downtown Roanoke by purchasing, reconstructing, and re-purposing older commercial buildings including 204 S. Jefferson, The Hancock apartments, Cotton Mill apartments, River House apartments, and the Patrick Henry; WHEREAS, Mr. Walker has been a Director of Valley Financial Corporation since September 1, 2007; and serves as a Director of Valley Bank; and WHEREAS, Mr. Walker has strived throughout his professional career to make the great City of Roanoke, his home town, an even better place to in which to live, work, and enjoy. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council recognizes, commends, and applauds Edward B. Walker as the 2014Citizen of the Year for the City of Roanoke for his many contributions and services to his community. 2. Council reiterates its commendations first made to Edward B. Walker when this selection was first announced at the 2014 CityWorks (X)po in October, 2014. 3. The City Clerk is directed to transmit an attested copy of this resolution to Edward B. Walker. ATTEST: City Clerk,. is ,_, _At CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 )` + Roanoke,Virginia 24011-1536 xak". z...', 'Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk(n)roano keva.gov JONATHAN L.CRAFr,CMC S'I'E%IANIF.M.MOON REYNOLDS,MM(' Deputy City Clerk City Clerk CECELIAT.WEED,CM(' December 16, 2014 Assistant City Clerk The Honorable Terrence R. McAuliffe, Governor, Commonwealth of Virginia The Honorable Ralph S. Northam, Lieutenant Governor, Commonwealth of Virginia The Honorable William J. Howell, Speaker, Virginia House of Delegates The Honorable Marvin K. Cox, Majority Leader, Virginia House of Delegates The Honorable John S. Edwards, Member, Senate of Virginia The Honorable David J. Toscano, Democratic Leader, Virginia House of Delegates The Honorable Tommy K. Norment, Jr., Majority Leader, Senate of Virginia The Honorable Richard L. Saslaw, Minority Leader, Senate of Virginia The Honorable Sam Rasoul, Delegate, House of Representatives The Honorable Chris Head, Delegate, House of Representatives Gentlemen: I am enclosing copy of Resolution No. 40137-121514 supporting the efforts to depoliticize the process of redrawing boundary lines for state and congressional legislative districts. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 15, 2014. Sincerely, tro-1A.....1,4_,- \NA.Stephanie M. Moon nol s, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Z\, IN 77IE C'OIINCII, OF TI IF CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40137-121514 . A RESOLUTION supporting the efforts to depoliticize the process of redrawing boundary lines for state and congressional legislative districts. WHEREAS, redistricting - the act of redrawing legislative district boundary lines — is a necessary process that occurs after each decennial census to account for growth and settlement patterns that occur over time with the goal of ensuring equal representation through the establishment of districts with equal populations; WHEREAS, Virginia's state and congressional districts belong to the citizens of the Commonwealth, not to any interest group or political party; WHEREAS, Virginia's historical practice of redistricting by the majority party of each chamber of the General Assembly is an outdated practice that both major political parties have used to their advantage to stifle competition in the election process and thereby discourage compromise in legislative actions; WHEREAS, the redistricting process should be designed in the best interests of Virginia's citizens to promote, adopt, and support improving the democratic process and allowing for better citizen representation; WHEREAS, drawing legislative districts as compactly as is reasonably practicable would do more to increase electoral competition than such measures as term limits or campaign finance reform; and WHEREAS, there is critical need to restore trust, fair competition, and compromise to Virginia politics. C:Wsers1C11c1 AppData\Local\Temp lnolesE 1EF34 6-4468135.docx 12/012014 NOW, TFIEREFORF, BE IT RESOLVED that: 1. The Council of the City of Roanoke, Virginia, fully supports the goal of depoliticizing the redrawing of boundary lines for state and congressional legislative districts through an approach that advocates for fairness, transparency, and accountability while keeping the citizens' interests in mind and encouraging healthy debate and public participation in the process as the fundamental principles in the redistricting process. 2. The City Clerk is directed to send attested copies of this Resolution to The Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, The Honorable William J. Howell, Speaker of the House, The Honorable Marvin K. Cox, House Majority Leader, The Honorable David J. Toscano, House Democratic Leader, The Honorable Ralph S. Northam, Lieutenant Governor of Virginia, The Honorable Tommy K. Norment, Jr., Senate Majority Leader, The Honorable Richard L. Saslaw, Senate Minority Leader, The Honorable John S. Edwards, State Senator for Senate District 21, The Honorable Sam Rasoul, Delegate for House Delegate District 11, and The Honorable Christopher T. Head, Delegate for House Delegate District 17. ATTEST: \\ftcljebrtjcir- City Clerk. C:\users\Cllcl\AppData\Local\Temp\notesE 15F34\-4468135.docx[2/01/2014 CITY OF ROANOKE CITY COUNCIL ,� t. ,"� a •z 215 Church Avenue,S.W. F Noel C.Taylor Municipal Building,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax (540)853-1145 Council Members DAVID A.BOWERS Mayor William D.Bestpitch Raphael E."Ray"Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B.Trinkle December 15, 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 7:00 p.m., session of Council on Monday, December 15, 2014. Best wishes for a successful meeting. Sincerely, ( ;jilt Anita Jice Council Member AJP:jec et- .• CITY OF ROANOKE _Art OFFICE OF THE CITY CLERK act, a ' 215 Church Avenue, S. W., Suite 456 �iy 2 4 Roanoke,Virginia 24011-1536 v Telephone: (540)853-2541 Fax: (540)853-1145 S'I'EPIIANIE M.MOON REYNOLDS,MMC E-mail: elrrk(inroanokeva.gnv JONA'1'IIAN E.('RAFT,('MC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant('ily Clerk December 16, 2014 Roger Elkin, Agent Hall and Associates Real Estate 213 South Jefferson Street, S. W., Suite 1007 Roanoke, Virginia 24011 Dear Mr. Elkin: I am enclosing copy of Ordinance No. 40138-121514 rezoning property located at 1920 Valley View Boulevard, N. W., from CG, Commercial-General, to CLS, Commercial- Large Site, as set forth in the Zoning Amendment Application No. 1 dated October 27, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 15, 2014; and is in full force and effect upon its passage. Sincerely, . h.•--pati., i' 4.) Stephanie M. Moon Re 's, C City Clerk Enclosure pc: Harvey M. Cohen, Managing Member, ABMAR Valley View, LLC, 117 East Washington Street, Lewisburg, West Virginia 24901 Mary L. Baugh, 2404 Cornell Drive, N. W., Roanoke, Virginia 24012 Beverly Ann Rice, 2403 Cornell Drive, N. W., Roanoke, Virginia 24012 Roger Elkin, Agent Hall and Associates Real Estate December 16, 2014 Page 2 pc: Russell L. Mitchem, 2404 Vancouver Drive, N. W., Roanoke, Virginia 24012 JC Penney Properties, Inc., P. O. Box 10001, Dallas, Texas 75301 Valley View Mall, LLC, P.O. Box 209218, Austin, Texas 78720-9218 NDRA II, LLC and PAPI Grande, LLC, 12503 Bay Hill Drive, Chester, Virginia 23836 Valley View Holdings, LLC, 3333 New Hyde Park, Suite 100, New Hyde Park, New York 11042 General Mills Restaurants, Inc., P. O. Box 695019, Orlando, Florida 32869 Roanoke Venture, 2870 Peachtree Road, Atlanta, Georgia 30305 Shakers Restaurant Corporation, 106 Goldenrod Place, Lynchburg, Virginia 24502 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Philip Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission y ^ I 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40138-121514 . AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this Ordinance by title. WHEREAS, Fred M. Thompson, on behalf of ABMAR Valley View, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1920 Valley View Boulevard, N.W., bearing Official Tax Map No. 2380106, rezoned from CG, Commercial-General, to CLS, Commercial-Large Site; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 15, 2014, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. • THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 2380106, located at 1920 Valley View Boulevard, N.W., be and is hereby rezoned from CG, Commercial-General, to CLS, Commercial-Large Site, as set forth in the Zoning Amendment Application No. 1 dated October 27, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTES}rT: City Clerk! 9 Rezone without proffers- 1920 Valley View.doc O 44 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 1 5, 2014 Subject: Application by Harvey M. Cohen, Managing Member, ABMAR Valley View, LLC, to rezone property located at 1920 Valley View Boulevard, N.W., bearing Official Tax No. 2380106. The application is to rezone the property from CG, Commercial-General District, without conditions, to CLS, Commercial-Large Site District, without conditions. Recommendation The Planning Commission held a public hearing on Tuesday, December 09, 2014. By a vote of 5 - 0 the Commission recommended approval of the rezoning request, finding the Original Application is consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as a parcel will be further developed for an active use appropriate to the surrounding area. I Application Information Request: Rezoning Owner: Harvey M. Cohen, Abmar Valley View, LLC Applicant: Fred M. Thompson, Architects Dayton & Thompson Associates PC Authorized Agent: Roger Elkin, Hall and Associates Real Estate City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1920 Valley View Boulevard, NW Official Tax Nos.: 2380106 Site Area: 3.7504 acres Existing Zoning: CG, Commercial-General District Proposed Zoning: CLS, Commercial-Large Site District Existing Land Use: Retail Sales Establishment, Not Otherwise Listed Proposed Land Use: Retail Sales Establishment, Not Otherwise Listed Neighborhood Plan: Williamson Road Area Plan Specified Future Land Large Scale Commercial Use Use: Filing Date: Original Application: November 5, 2014 Background In the 2005 Comprehensive Rezoning, the property at 1920 Valley View Boulevard, NW, was rezoned from C-2, General Commercial District, to CG, Commercial-General District. Presumably this was done since the 3.74 acre parcel fell below the five acre minimum lot area for the CLS District at that time. In 201 1 , the Zoning Ordinance was amended and included a reduction in the minimum lot area for the CLS District to one acre. The parcel was occupied by a single retail sales tenant and has generally been vacant since May of 201 3. The applicant met with planning staff to discuss reconfiguration of the existing building along with an addition and reconfiguration of the parking area. The reconfigured property would include multiple retail sales establishments rather than a single large space. The proposed uses are permitted in both the CG (Commercial-General) and CLS (Commercial-Large Site) districts; however, the proposed site layout could not be accommodated under the dimensional regulations of the CG district. The existing development pattern on the lot around a central shared parking area and the front yard, building placement, and entry requirements of the CG district make the expansion of the existing property difficult to develop unless commercial uses were to front the street at the existing rear of the building. The CLS district was determined to be the more appropriate zoning for the proposed redevelopment. In November 2014, the applicant filed an application to rezone the property from CG to CLS. The concept plan depicts renovation to the interior and façade of the building facing the interior parking lot and adding a small addition on the southwestern side of the building fronting the same direction. Proffered Conditions None. Considerations The property proposed for rezoning is in a partially vacant shopping center at the corner of Valley View Boulevard and Valley View Avenue. Specifically, the property currently contains a 39,371 square foot building that previously housed a furniture store. The proposed redevelopment of the property changes the current development of the site by expanding the building footprint by approximately 7,000 square feet and reconfiguring the building for multiple tenants. 2 Surrounding Zoning and Land Use: Zoning District Land Use North CLS, Commercial-Large Site District Retail Sales Establishment, Not Otherwise Listed South CLS, Commercial-Large Site District, Retail Sales Establishment, Not and CG, Commercial-General Otherwise Listed, Eating and District Drinking Establishment, not abutting a residential district East CG, Commercial-General District Vacant and CLS (c), Commercial-Large Site District, with conditions West CLS, Commercial-Large Site District Retail Sales Establishment, Not Otherwise Listed; Eating and Drinking Establishment, not abutting a residential district Compliance with the Zoning Ordinance: The purpose of the CLS District is to accommodate multiple buildings and uses that are large in scale and generally characterized by multiple tenants or uses on a single zoning lot which share common parking, curb cuts, driveways, and access to and from streets. These uses and areas are heavily dependent on the motor vehicle and tend to result in large parking areas and outdoor display of merchandise. CLS District uses include large motor vehicle sales and service establishments and community and regional shopping centers. The district standards provide for landscaped buffers to minimize the impact of CLS uses on surrounding areas. Pedestrian accommodations and additional site development features that are required or regulated by the zoning ordinance are not all shown on the concept plan. These details will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Williamson Road Area Plan recognize the need for the redevelopment of sites at key intersections and commercial centers to serve the needs of citizens and visitors. The parcel has been part of a larger shopping center and the use remains appropriate in this area. The change in zoning district will allow redevelopment of a portion of an underutilized center along Valley View Boulevard. Relevant policies and action items in the plan include: ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. 3 The reconfiguring and expanding the property for multiple tenants fulfills the City vision for redevelopment of underused parcels in key commercial centers with uses and forms that are appropriate to the surrounding large scale commercial context in the Valley View Mall area. The Williamson Road Area Plan recognizes that the commercial development in the Valley View Mall area is a regional center for entertainment, shopping, auto sales and service, and transportation. This area is specified as an appropriate area for large scale commercial development. Relevant policies and action items in the plan include: Future Land Use Map: • Large-scale Commercial: encompasses Valley View Mall, Towne Square Shopping Center, and limited portions of Williamson Road. Commercial development within this pattern has a regional and super-regional market and includes shopping malls, big box retailers, and large-scale auto sales and service. Retail areas should be well-connected to one another to create a cohesive center. Access to surrounding neighborhoods must be balanced with the need to avoid spillover impacts. Regional commercial areas should primarily be designated with large scale commercial zoning, but may contain limited areas with general commercial districts. Strategic Initiatives: • Valley View. Valley View is an important regional commercial center. It is a complex that clusters a major retail mall, big box retailers, and smaller restaurants and businesses. For the short term, planning strategies should seek to make better connections among regional attractions and provide better connections to surrounding residential areas without inducing cut-through traffic. This center must be adaptive and diverse to ensure it has the ability to respond to changing markets over the long term. Future land use should consider a diversity of uses including residential and office uses. Because so much of the site is dedicated to surface parking, structured parking could be used to open up space for infill development as development demands warrant. The principal consideration is whether the proposed rezoning is consistent with Vision 2001-2020 and the Williamson Road Area Plan. The commercial center at the intersection of Valley View Boulevard and Valley View Avenue has been an important part of the community's development pattern for many years. This change to the property will facilitate the redevelopment of an underutilized commercial site in a manner appropriate to the surrounding area. Furthermore, the uses proposed are permitted in the current CG District. The rezoning simply alleviates constraints due to the dimensional regulations of the existing zoning district. 4 Public Comment Summary None. Planning Commission Work Session (November 21 , 2014): None. Planning Commission Public Hearing (December 09, 2014): None. 0-I-ad— A . Val Chad A. Van Hyning, Chair Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel j. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Harvey M. Cohen, Abmar Valley View, LLC Fred M. Thompson, Architects Dayton & Thompson Associates PC Roger Elkin, Hall and Associates Real Estate 5 raj Department of Planning,Building and Development ROA N Q K E Room 166, Noel C.Taylor Municipal Building NOV "'5 2014 215 Church Avenue, S.W. Roanoke,Virginia 24011 CITY OF ROANOKE Click Here to Print Phone: (540)853-1730 Fax: (540)853-1230 PLANNING BUILDING AND DEVELOPMENT Date: 27 October 2014 Submittal Number: Original Application Request (select all that apply): © Rezoning, Not Otherwise Listed ❑Amendment of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Property Information: Address: 1920 Valley View Boulevard,NW Roanoke ,VA Official Tax No(s).: 2380106 Existing Base Zoning: ❑ With Conditions CG,Commercial-General (If multiple zones,please manually enter all districts.) 12 Without Conditions a- Ordinance No(s).for Existing Conditions(If applicable): ❑ With Conditions Proposed Requested Zoning: CLS,Commercial-Large Site Retail/Mercantile/Busibess 14 Without Conditions hand Use: Proms Owner Information: Name: Harvey M.Cohen,Managing Member,ABMAR Valley View,LLC Phone Number: +1 (304)645-2733 Address: 117 East Washington Street,PO Box 1667,Lewisburg WV 24901 E-Mail: harvey.cohen@abmarinvestmentstil Property Owner's Sig ature: p n i Information (if diff erent from owner): Name: Fred M.Thompson,Architect Phone Number: +1 (804)262-7941 Address: 3111 Northside Ave.Richmond VA 23228 E-Mail: fthompson @adtapc.com Applicant's ignature: Authorized Agent Information (if applicable): Name: Roger Eilkin, Hall and Associates Real Estate Phone Number: +1 (540)982-0011 Address: 213 S.Jefferson Street,Suite 1007,Roanoke VA 24011 E Mail: relkih @hallassociatesinc.com Authorized Agent's Signature: IIIIIIW 1 The following must be submitted for all applications: RQA N()K E R Completed application form and checklist. R Written narrative explaining the reason for the request. F Metes and bounds description, if applicable. 7 Filing fee. For a rezoning not otherwise listed,the following must also be submitted: (R Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a conditional rezoning,the following must also be submitted: I- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as T 'development plan'if proffered. For a planned unit development,the following must also be submitted: I— Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a comprehensive sign overlay district,the following must be submitted: E Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For an amendment of profitions,the following mus miffed: F. Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, if applicable. I— Written proffers to be amended. See the City's Guide to Proffered Conditions. T opy of previously adopted Ordinance. For a planned unit development amendment,the following must also be submitted: Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. E opy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: f— Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: f— A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT,the following must also be submitted: f— sheet. I— Traffic impact analysis. I— Concept plan. I— Proffered conditions, if applicable. P Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting'Planning Commission'under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. • • • RECEIVED • • NOV -52014 CITY OF ROANOKE ARCHITECTS DAYTON THOMPSON PC PLANNING BUILDING AND DEVELOPMENT A 5 S O C I A T E S 4 November 2014 Katharine Gray, Architect VIA Overnight Delivery UPS City of Roanoke Planning, Building and Development Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 RE—Rezoning Application for ABMAR Valley View LLC Property (Formerly Haverty's) 1920 Valley View Boulevard NW Dear Ms. Gray: Please find enclosed ABMAR Valley View LLC's application for rezoning of the above referenced property. Application and Submissions Documents for Re Zoning Submission 1. City of Roanoke Zoning Amendment Application and Checklist 2. LLC Signature Affidavit 3. Supportive Re-Zoning Narrative 4. Metes and Bounds Survey dated 23 October 2014 by Parker Design Group 5. Filing Fee (Check# 1245 in amount of$1,000 @ $900+ $25/acre) 6. Concept Plans a) Master Layout Site Plan b) Enlarged Area Site Plan c) Existing Building Demising and Additions Floor Plans d) Existing Elevations and Proposed Rendered Front elevations e) Proposed elevations(3 sides) Please advise if anything further may be provided. We understand there is a 12 noon Planning Commission briefing to be held on 21 November and plan to be represented at that meeting. We appreciated your assistance in this matter, and look forward to the remaining phases of work leading to a successful rezoning for our Client. Very Truly Yours, Fred M. Thompson,Architect Cc: Cohen,Elkin,Rakes Architecture Interior Design Planning • 3111 Northside Avenue Richmond,Virginia 23228-5441 • 804-262-7941 FAX 804-262-8071 www.adtapc.com 1 , ARCHITECTS DAYTON(THOMPSON PC ASSOCIATES REZONING NARRATIVE 4 November 2014 Abmar Valley View Building (Formerly Haverty's) 1920 Valley View Boulevard, NW Valley View Shopping Center, Roanoke VA BACKGROUND In (or about)2005, the City of Roanoke implemented a city-wide zoning adjustment, whereby the subject property was zoned CG as a result of its 3.753 acres of land parcel size, while surrounding properties, which were of larger acreage(5 acres and up), but offering the same retail/mercantile/business functions, were zoned CLS. As a result, the subject property is effectively 'spot" zoned with more restrictive development standards than surrounding properties. With the subsequent loss of Haverty's Furniture as a tenant, the owner of the subject property now desires to re-tenant the existing building, as well as to expand the building's footprint by approximately xxx square feet, offering rental options for multiple tenants of varying sizes in both existing and new spaces. The requested CLS rezoning will allow the property to be zoned the same as its adjacent neighboring properties, along with developmental standards appropriate for the existing and intended use. CONCEPTUAL DEVELOPMENT PLANS The former single-tenant Haverty's floor plan will be revised to provide for one larger retail user of about 24,000 SF, and a second smaller retail user of 14,500 SF, or in similar combinations. An addition of approximately 6,900 SF, accommodating one or two smaller tenants, is proposed. The elevated plaza on which the smaller tenants front allows the finish floor elevation of the addition to match that of the existing floor slab for maximum tenanting flexibility. The former Haverty's covered entry will be removed in order to provide a more standard, user-friendly retail storefront with an entry plaza at the larger tenant space. Different but design compatible entry features are proposed for the smaller tenants. The proposed exterior improvements will provide diversity and contrast to the existing monochromatic color palette by the use of rich EIFS colors and stone veneer accents.The use of color and texture will be focused at the store entrances to add distinctiveness,yet complement the look of the adjacent HH Gregg and Dick's Sporting Goods stores.Similar detailing, materials and color palette are also proposed for the side and rear elevations of the renovated building and new addition. Pedestrian access, including handicapped access, is provided via on-grade access points, sidewalks and steps to all front entries, and provides for contiguous pedestrian access to/from all stores as well as to the property line at Valley View Avenue. Raised landscaped planter beds surrounding the elevated sides of the plaza provide pedestrian protection, all of which can be configured to manage the sloping terrain. Preliminary engineering calculations support that parking, in accordance with City standards, at 4 spaces per thousand square feet of building area can be provided in the parking field. Seven (7) handicapped parking spaces will be provided, in accordance with City standards. Pervious/impervious standards for the requested CLS zoning can be met, as well as crown coverage. Architecture Interior Design Planning • 3111 Northside Avenue Richmond,Virginia 23228-5441 • 804-262-7941 FAX 804-262-8071 www.adtapc.com ' REZONING NARRATIVE 4 November 2014 Abmar Valley View Building (Formerly Haverty's) 1920 Valley View Boulevard, NW Valley View Shopping Center, Roanoke VA Page 2 COMPATIBILITY The proposed design concept employs many of the Roanoke Comprehensive and Neighborhood Planning and Commercial Design Guidelines recommendations: • Expands tax base with a multi-million dollar renovation and expansion. • Helps create a more cohesive shopping experience by providing pedestrian connectivity from the Valley View Shopping Center, not only along the entire walkway fronting the subject property, but inclusive of the two adjacent retailers, HH Gregg and Dicks. • The larger existing portion of building and proposed storefronts are broken into smaller scaled massing elements, utilizing changes in materials, textures, and colors, all of high quality and durability, yet portrayed in a unified, connected feel. • Provides new glassed display window areas, as well as large expanses of glassed storefronts along the continuous pedestrian sidewalk. • Landscaped planters and additional plantings in the parking field curbs. • Unifies an existing multi-zoned retail area, offering various sized tenant spaces appropriate for regional/big box use as well as neighborhood retailers. RECEIVED NOV °52014 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT J.12014t140291Word1Mem001.Comments to Send to City—081514.doc Topographic Survey for Abmar Valley View,LLC Lot 7D-2(3.753 Acres)-M.B.1,Pg.473 Tax 02980100 1920 Valley View Boulevard,NW Roanoke City,Virginia lid E 1! k 111! k 9 G ;lip t 111! Q AI! t 's? t 'S'E t !! ii!! E ai!! (r !! — aaa e-'4 le¢ as;; a; as ;41 a gee aal 6 I p$ 11 Ati pa wR m oqw I $a° Y8 4v Rq - -. . 441 a a$ a�ag a aQ a q & �� a ? aaaa a:. a� P, 1a as a 9 p ! if n 5 I I s �� ' o .....ti 4 ' J s. r I run Ifir MANG Ile PM MAO \.. 4. /g Y •A ' 'f7 III� ''I. I y \ rf / . ' % � Mr,,••APR Cj / Ah. - ,ten.' or.rio‘r 0 ,. + . I r: MYR UM MI wEMrrane %1 �; __,j r et WI l WAS F.-v rw' ' .�rssr , _ - . ... ..� . . -l/!lhiC• ca .SM lip 4svUI ,E-,:. 1iui.y IL 1r 1 INUEVIIISI C102 CONCEPT PLAN AMIE . ,,...r-s...... o a • w r 'WA r.••ter eigninielie . :" CONCEPTUAL RETAIL DEVELOPMENT FOR ABMAR VALLEY VIEW LLC. 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' ...z..- K '': -._01 - Ji( -I .....r, ..:- ._,_...._. casiczFrilAL NEW PROM Exisrm Te4orrs AEMAR VALLEY NEW BUILDP•4 1 FROPO6ED ADDITION I- <I , ' ..,.. . . , . --,---- ....-- -.,,...,. _•-•• ... _., . •• -i ........--------- Inil :ow MNIIIIIM mum mill! I _ BOXWOOD ... ...I 111111li • i • . . .61_ _ 111111111111 • - • , : III ------ , II/ r t 4i rili i IF-- gi l, ::•-•-, „„..----- I.% CONCEPTUAL NEW FROM VALLEY VIEW MALL - .- - - _ • - • • CONCEPTUAL RETAIL DEVELOPMENT FOR ABMAR VALLEY VIEW LLC. (FOFVER WAVERTY 5) ARCHITECTS DAYTONec,THOmP9ON P.C. (4 TENANT SCPEME FLOOR PLAN) VALLEY vIE111 MALL,ROANOKE VA ies„,.... 1 _ _ _ 1-1 LJ LI 1 4,1L.I j f I 1 I----- ENEETEG ELEVATION TO WWI ol. ACME VALLEY YOU I AFORE:IN 14 fogrellf 0 NoRTN.EAST ELEVATION i i I - .1, U a g nnir .1 • • • , —ELE:4-;4, f -;=- 14,■1 - , :'. i ”I" I , Mil MN I Sat• --, MIMED AMMON —WEAR TO ADOCINT IXT)G / EraTTNG ELEVATION TO reartth AVIAN'OUST VIEW 1 CFORETER TIAVEINTYSA 0 50UN EAST ELEVATION _ _ -----__-_-_=_— - ------z---- .. IFI 1 IN■1111 lillifill I ,.rifill mo-•■■• 1 ------_•-• ii:. - _ '=-''' "'MOIL Ilrf--1-1 t f _ ,-:- 1,20P06ED AITOMON / _ 1E45TM ELEvATION TO FEINT cr...a4 t_morcEED FLAZA A- Aglidet vALLEf vlili / brItle to ADJACENT owl. (WRI13".1.7,11CUN LEST ELEVATION ...LicAt...,, 4...V....rwc— 1 ..--- ,......... — ■... t■t.. ■., ,,,„....-- -••-* I 443.117.1 1-- 011010 / I 11 11 I II ll siiiIMI wwwwwwwet-.----.., uvAnAN MN %---—1/IVATI■ i El MIMI 1111111 swompappgigiugs ,... ......., Tonniiiiii i ri---nisiii-----iirr,:ren iii.-----..--_-a-liir--m ..... I i ONDAT OF MINIM NAvEflire NIIMIt VALLEY vE■MENET-CONMATLIAI Kill ELEvATION .... PINI9PMED ADDITION WEAN TO ADJACENT ENISTNG t WNAL 4.' IINORI,14...lIEST ELEvATICN I • CONCEPTUAL RETAIL DEVELOPMENT FOR ASMAR VALLEY VIEW LLC. (FORMER I4AvERTY'S) t AR"Illas DAY"NISCIMPAI,PEci (EXTERIOR ELEVATION ) vALLEY vIEtU MALL.ROANOKE VA IPENT.ieaffaul NAN•NAN t ZONING DISTRICT MAP �\ CG2380110 / I.- 6'`�� ��6°,p a� `�`'�°7 `o` o? 2 ��v v) °s 1920 Valley View Blvd. NW u�,o c'04 R-7 ��9°„$4%S \ R-7 op Official Tax Parcel: 2380106 �' �� Qoo Qo :��: Area to be Rezoned ■ CLS \ `-,\ 6'0 `, _ Conditional Zoning / �O'��` ? Zoning ti� yG �6, RA (Residential-Agriculture) 'toe ?his '� O R-12 (Res. Single-Family) ■` , 17�j R-7 (Res.Single-Family) R-5 (Res.Single-Family) R-3 (Res.Single-Family) 1 RM-1 (Res. Mixed Density) ii ■ RM-2 (Res. Mixed Density) / j \ RMF (Res. Multi-Family) / CN (Commercial-Neigh) C� ' CG (Commercial-General) �O ; i CLS (Commercial-Large Site) CG /�. 6 1-1 (Light Industrial) ,/ ON 1-2 (Heavy Industrial) CLS(c) D (Downtown) MX (Mixed Use) IN (Institutional) i �q ROS (Rec&Open Space) �Fy ._...././7 _ ��//` \-- � 1 AD (Airport Dev) C LS �A` tib'0�< ' MXPidePIa:ned Unit Dev) — / `��',0 / INPUD (Institutional Planned Unit Dev) 70,9 MO IPUD (Industrial Planned Unit Dev) . \ \ \ MI OF (Urban Flex) .� \ / i N 2370107 \ \ / \ \ 0 50 100 Feet w,tdi— E I I I s /21‘A�, t AFFIDAVIT APPLICANT: Fred Thompson, Architect LOCATION: 1920 Valley View Blvd, N.W., Tax No. 2380106 REQUEST: Rezoning to CLS COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Tina M. Carr, first being duly sworn, states that she is 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 24th day of November, 2014, notices of a public hearing to be held on the 9th day of December 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 2260101 1-BAt1GH AXID 1 MaiiAddress ;MailCity MailState Ma11Zip MARY L � 2404 CORNELL DR NW ROANOKE_ VA 24012 I 2260401 RICE BEVERLY ANN 2403 CORNELL DR NW ROANOKE VA L24012 2260417 MITCHEM RUSSELL L 2404 VANCOUVER DR NW _ROANOKE VA 24012 2370106 .PENNEYI C PROPERTIES INC PO BOX 10001 TAX SERV DALLAS TX 75301 j i 2370107 VALLEY VIEW MALL SPE LLC ;PO BOX 209218 AUSTIN TX 787209218R� 2370107 VALLEY VIEW MALL SPE LW _ .P0 BOX 209218 AUSTIN TX 78720-9218 2370107 'VALLEY VIEW MALL SPE LLC PO BOX 209218 AUSTIN TX 787209218 23701{17 VALLEY VIEW MALL SPE LLC PO BOX 209218 AUSTIN TX 78720-9218 2370108 VALLEY VIEW MALL SPE LW PO BOX 209218 lAUSTIN TX 78720-9218 2370109 IVALLEY VIEW MALL SPE LLC PO BOX 209218 1AUSTIN TX 787209218 1 2370116 NDRA II LLC 112503 BAY HILL DR 'CHESTER VA 23836 2370117 PAPI GRANDE LLC 112503 BAY HILL DR CHESTER _ VA 23836 2380104 IVALLEYVIEW HOLDCO LLC 13333 NEW HYDE PARK STE 100 NEW HYDE PARK +NY 11012 I 2380104 VALLEY VIEW HOLDCO LW 3333 NEW HYDE PARK STE 100 NEW HYDE PARK NY 11042 _-1 I 2380105 VALLEY VIEW MALL LLC PO BOX 209218 AUSTIN TX 78720-9218 _---- ti 2380106 ABMAR VALLEY VIEW LLC PO BOX 1667 .LEVJISBURG INN 24901_ 12380108 GENERAL MILLS RESTAURANTS INC PO BOX 695019 PROP TX D 'ORLANDO FL '32869 2380109 ROANOKE VENTURE 12870PEACHTREERDPMB889 ATLANTA GA '30305 2380110 'SHAKERS RESTAURANT CORPORATION 106 GOLDENROD PL LYNCHBURG VA '24502 1 Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of November, 2014. MI — STEVEN NOTAR PU UC Notary Public Commonwealth of Virginia Reg. xpires 41057".1 Zo/ My Commission Expires The Roanoke Times I Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date J CITY OF ROANOKE•PDV December 03,2014 Attn Tina M.Carr 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 12/03/2014 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised hen 1 x 96 L 935.52 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice PUBLIC HEARING NOTICE Al was published In said newspapers on the following dates: tons r,r,,,, 11/26,12/03/2014 �``n1 r.1..... ./A v % Nue 0 sott . Cc m: The First insertion being given... 11/26/2014 = NtV GO • P •Newspaper reference: 0000104446 F C 490W jN WEAL r,.` i4rum." Sworn to and subscribed before me this Wednesday,December 3,2014 Notary Pui ' , ;Wing Re•;tentative State of Virginia City/County of Roanoke IA n i�' My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU fuc lt ; t*6 ..g- il f HA � g i ' l 'tIliPJli!liIliili 1111 l a x cp IJ1i!!ii! B m 1 � d!, ig IPIILI s il # l1 - .ft , E11 a 3 1111 11§g S fait dili 1 ,1a 1 it 1 1 ilry . e T 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 Avenue, S.W., Roanoke, Virginia. 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 December 9, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Harvey M. Cohen, Managing Member, ABMAR Valley View, LLC, to rezone property located at 1920 Valley View Boulevard, N.W., bearing Official Tax No. 2380106. The application is to rezone the property from CG, Commercial-General District, without conditions, to CLS, Commercial-Large Site District, without conditions. The land use categories permitted in the CLS District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum floor area ratio of 5.0. The comprehensive plan designates the property for large scale commercial use. A request by the City of Roanoke to amend the By-laws of the Roanoke City Planning Commission, Section 3.A. Regular Meetings, to move the regular meeting of the Planning Commission to the second Monday of each month beginning January 12, 2015. Tina M. Can, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on December 15, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on December 10, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider these applications: Application filed by James R. 011ie, II, and Mohammad Ibrahim for property located at 1701 Melrose Avenue, N.W., bearing Official Tax No. 2221516, zoned CN, Commercial- Neighborhood District, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to permit a commercial, indoor amusement establishment (pool hall). Application filed by Danny Marshall for property located at 4524 Melrose Avenue, N.W., bearing Official Tax No. 6071101, zoned CG, Commercial-General District, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke(1979), as amended, to permit storage building sales. Tina M. Can, Secretary, City Board of Zoning Appeals Please publish in newspaper on November 26, 2014, and December 3, 2014. Please bill and send affidavit of publication to: Tina M. Can Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building& Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853-1330 tina.carr@roanokeva.gov 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 „,r/ , OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 f Roanoke,Virginia 24011-1536 Telephone: (5411)853-2541 Fax: (540)853-1145 F:mail: clerkaoroanokeva.gov STEPIIANIE M.MOON REYNOLDS,MM(' JONATHAN E.CRAFT,CMC' City Clerk Deputy City Clerk December 10, 2014 CECELIA T.WERR,cntc Assistant City Clerk Roger Elkin, Agent Hall and Associates Real Estate 213 South Jefferson Street, S. W., Suite 1007 Roanoke, Virginia 24011 Dear Mr. Elkin: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, December 15, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Harvey M. Cohen, Managing Member, ABMAR Valley View, LLC, to rezone property located at 1920 Valley View Boulevard, N. W., from CG, Commercial-General District, without conditions, to CLS, Commercial-Large Site District, without conditions. The City Planning Commission at its meeting held on Tuesday, December 9, 2014, on a 5-0 vote, approved the request. If you would like a copy of the Planning Commission report, please contact Tina Carr, Secretary, City Planning Commission, at (540) 853-1730. Lastly, it will be necessary for you, or your representative, to be present at the December 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, eg Cecelia T. Webb, CMC Assistant City Clerk pc: Harvey M. Cohen, Managing Member, ABMAR Valley View, LLC, 117 East Washington Street, Lewisburg, West Virginia 24901 CITY OF ROANOKE ar.-r,, OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 r ( 'k Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: cicrkWroanokeva.gov S'1'EPIIANIE M.MOON REYNOLDS,MM(' JONATHAN E.CRAFT,CM(' City Clerk Deputy City Clerk CECELIA 1'.WEBB,CM(' Assistant City Clerk December 10, 2014 To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, December 15, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Harvey M. Cohen, Managing Member, ABMAR Valley View, LLC, to rezone property located at 1920 Valley View Boulevard, N. W., from CG, Commercial-General District, without conditions, to CLS, Commercial-Large Site District, without conditions. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, Cecelia T. Webb, CMC Assistant City Clerk Adjoining Property Owners December 10, 2014 Page 2 pc: Mary L. Baugh, 2404 Cornell Drive, N. W., Roanoke, Virginia 24012 Beverly Ann Rice, 2403 Cornell Drive, N. W., Roanoke, Virginia 24012 Russell L. Mitchem, 2404 Vancouver Drive, N. W., Roanoke, Virginia 24012 JC Penney Properties, Inc., P. O. Box 10001, Dallas, Texas 75301 Valley View Mall, LLC, P.O. Box 209218, Austin, Texas 78720-9218 NDRA II, LLC and PAPI Grande, LLC, 12503 Bay Hill Drive, Chester, Virginia 23836 Valley View Holdings, LLC, 3333 New Hyde Park, Suite 100, New Hyde Park, New York 11042 General Mills Restaurants, Inc., P. O. Box 695019, Orlando, Florida 32869 Roanoke Venture, 2870 Peachtree Road, Atlanta, Georgia 30305 Shakers Restaurant Corporation, 106 Goldenrod Place, Lynchburg, Virginia 24502 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 ti'I'F:1'l1ANIP:M.MOON REYNOLDS,MMC E-mail: elerk(ntroanokeva.gov JON ATII AN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA t CMC December 16, 2014 WEBB, Assistant City Clerk The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable Sam Rasoul The Honorable Chris Head Delegate, House of Representatives Delegate, House of Representatives 3027-C Peters Creek Road, N. W. P. O. Box 19130 Roanoke, Virginia 24017 Roanoke, Virginia 24019 Gentlemen: I am enclosing two attested copies of Resolution No. 40139-121514 requesting that you introduce a bill in the 2015 Session of the General Assembly to amend the existing Roanoke Charter of 1952 in order to transfer the Council appointed and supervised position of Director of Finance to a department director position that would be appointed by, report directly to, and be supervised by, the City Manager rather than City Council. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 15, 2014, with Mayor David A. Bowers voting no and Council Member Anita J. Price being absent. Sincerely, L •+«�Yn,ne i�ekQtyt Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN TI IF COUNCIL OF TI Ili CITY OF ROANOKE, VIRGINIA The 15th day of December, 2014 . No. 40139-121514 . A RESOLUTION requesting the 2015 Session of the General Assembly to amend the existing Roanoke Charter of 1952 in order to transfer the Council appointed and supervised position of Director of Finance to a department director position that would be appointed by,report directly to, and be supervised by, the City Manager rather than City Council. WIIEREAS,pursuant to the provisions of§15.2-202, Code of Virginia(1950),as amended, at least ten days' notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the City, of the time and place of a public hearing for citizens to be heard to determine if they desire that City Council request the 2015 Session of the General Assembly to amend the existing Roanoke Charter of 1952; and WHEREAS, the required public hearing was conducted on December 15, 2014; and WHEREAS,after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby requests that the 2015 Session of the General Assembly amend the Roanoke Charter of 1952. 2. The City Clerk is directed to send two attested copies of this resolution,a copy of the requested amendments to the Roanoke Charter of 1952, a publisher's affidavit showing that the public hearing on this request was advertised,and a certified copy of Council's minutes showing the action taken at the advertised public hearing to the Honorable John S. Edwards,Member, Senate of I.SATIORNEVACASE SHARE'CHARTLR AMENDMENT?0151RESOLLTION REQUESTION CHARTER AMENDMENT 2015,DOC Virginia, the I lonorable Sam Rasoul, Member, l louse of Delegates,and the Honorable Christopher I lead, Member, I louse of Delegates,with the request that they introduce a bill in the 2015 Session of the General Assembly to amend the Roanoke Charter of 1952. ATTEST: -AtirieketititY1 , Weriittrut-Q.3<ce City Clerk. L WTTORNEYI<ASE SHAREICHARTER AMENDMENT 2015\RESOLUTION REQUESTION CHARTER AMENDMENT 1015,DOC r AMENDMENTS TO ROANOKE CHARTER OF 1952 §8. - Officers elective by council; rules; journal of council proceedings; quorum of council. The council shall elect a city manager, a city clerk, a t of final-tee; a municipal auditor, and a city attorney, none of whom need be a resident of the city at the time of their election but who shall take up residence within the city within three months of their election if not already a resident. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. Pursuant to § 21 of this charter, the city manager shall appoint a director of finance. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such penalties as may be prescribed by ordinance. It shall keep a journal or its proceedings. A majority of all of the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time. Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a person as an acting city manager, city clerk, d te;- finaneei municipal auditor, or city attorney to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected. §9. - Elections by council, when held, terms, et cetera. During the month of September 1974 and during the month of September of every second year thereafter, through and including during the month of September 2014, the council shall elect a city clerk, a director of finance, a municipal auditor, and a city attorney, each of whom shall serve for a tern of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. However, the term of the director of finance elected in 2014 shall end on July I, 2015. Thereafter, the director of finance shall be appointed by the city manager pursuant to § 21 of this charter. During the month of September 2016 and during the month of September of every second year thereafter, the council shall elect a city clerk, a municipal auditor, and a city attorney, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. * * * 1 X21. - Powers and duties of city manager. The city manager shall be responsible to the council for the efficient administration of all offices of the city. The city manager shall have the power and the duty: (a) To see that all laws and ordinances are enforced. (b) Subject to the limitations contained in _§7 of this charter and except as otherwise provided in this charter, the city manager or his or her designees shall appoint a director of finance and such other city officers and employees as the council shall detennine are necessary for the proper administration of the affairs of the city, and the city manager or his or her designees shall have the power to discipline and remove any such officer and employee. (e) To attend all meetings of the council, with the right to take part in the discussion, but having no vote. (d) To recommend to the council for adoption such measures as he may deem necessary or expedient. (e) To make reports to the council from time to time upon the affairs of the city and to keep the council fully advised of the city's financial condition and its future financial needs. (f) To be responsible for the day-to-day operation of the city, and to execute such documents as may be necessary to accomplish the same. (g) To appoint in writing a city officer reporting to the city manager as acting city manager for a time period not to exceed thirty days when the city manager will be absent from the city. (h) To acquire on behalf of the city easements, licenses, permits, privileges or other rights of any kind to use property for nominal consideration. (i) To perform such other duties as are prescribed by this charter or as may be prescribed by the council. * * * 2 §23. - Creation of departments and department heads; deputies and assistants. The council may by ordinance provide for administrative departments, and when such departments are created may define the functions which such departments are to administer, may provide for the appointment of heads for such departments and define their duties and responsibilities. The council may by ordinance provide for the appointment of one or more assistants or deputies in the offices of the city attorney, • •, the municipal auditor and the city clerk and may define their duties and responsibilities. Such assistants or deputies, when acting in such official capacity, shall possess all of the power and authority and shall be subject to all of the duties and responsibilities given to or imposed upon their respective superiors under this charter. §25.1. - Director of finance. The director of finance shall be appointed by the city manager in accordance with § 21 of this charter. The director of finance shall be a person skilled in municipal accounting and financial control.ek-e —by the 6;;•�t • - • • -•charter. ' ' ' (a)3 The director of finance shall have charge of the financial affairs of the city, including such powers and duties as set forth in this charter and as may be assigned by the council by ordinance not inconsistent with the Constitution and the general laws of the Commonwealth of Virginia.am34 (b) The director of finance . . . and shall exercise a general fiscal supervision over all the officers, departments, offices, agencies and employees of the city charged in any manner with the assessment, receipt, collection or disbursement of the city revenues, and with the collection and return of such revenues into the city treasury; and the director of finance shall prescribe such system and regulation as is necessary for the proper reporting and accounting for all city revenues and receipts. 3 (c) The director of finance shalt—have—the power to and shall examine and audit all accounts, claims and demands for or against the city; and, unless otherwise-provided 13; 1:... this charts, • - - • - •ity to any person unless the-hal-ane city b - -• ed by the director of fivasee, (d) The-Aii-eeto.. ., . • - •- • stating the pa• . . . - • • •- • - . •• • • cha f r o m the tr asur. • . • - • .• . • - • cforthepayi- • - . • . - . . apprepriat . _. • .. • . E�3 . . • 2 - . - - due and in 1 •• •:„;• • -cover the balance of moneys so found by the (cf) The director of finance shall prepare an annual statement, promptly after the end of each fiscal year, giving fill and detailed statement of all the receipts and expenditures during the year, which statement the director shall forthwith file with the city manager and shall lay the same before the 4 next meeting of the council. When required by the council, such annual statement shall be certified by independent certified public accountants. (dg)lt shall be the duty of the director of finance, each and every month, to prepare a monthly statement, giving a full and detailed account of all moneys received, from what sources and on what account received, and of all moneys ordered to he paid or drawn by check by the director, and on what account the same have been paid; and the director shall deliver such statement to the city manager, and shall lay the same before the council at its next meeting. (4+) No- contract, agreement or other obligation involving 4-he expenditure of which certification i-. . , ' • . . . _. 'cable to obligation. (-i3 • . . . . . . . H3 - •: _:. • I nance. 5 (ck)The director of finance shall have the power and the authority to use any and all collection methods available to the treasurers of the counties and cities under general law to collect delinquent real estate taxes, provided the responsibility for such collection has been transferred to the director of finance by ordinance adopted by city council. §33. - The annual budget. The city manager, at least sixty days prior to the beginning of each fiscal year, shall submit to the council a budget for the ensuing fiscal year. It shall be the duty of the head of each department, the judge of each court, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, including the commissioner of the revenue, the city treasurer, the sheriff, the attorney for the Commonwealth and clerk of courts to file with the city manager: .. • by March 15 of each year estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. Such estimates shall be submitted on forms furnished by the city managerdirector of finance and it shall be the duty of the head of each such department,judge, board, commission, office or agency to supply all the information required to be submitted thereon,. The director of manager for the timely preparation of the budget. The city manager, with the assistance of the director of finance, shall review the estimates and other data pertinent to the preparation of the budget and make such revisions in such estimates as the city manager may deem proper subject to the laws of the Commonwealth relating to obligatory expenditures for any purpose, except that in the case of the school board budget the city manager may recommend a revision in category totals only. The budget submitted to the council shall contain the following: (a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year. (b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed. (c) A fund statement showing a condition of the various appropriations, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated. 6 (d) An explanation of the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance. (e) A statement of the financial condition of the city. (t) Such other information as may be required by the council. (g) Such other information as the city manager deems appropriate or advisable. In no event shall the expenditures recommended by the city manager in the budget exceed the receipts estimated, unless the city manager shall recommend new or increased revenues within the power of the city to levy and collect in the ensuing fiscal year. The city manager shall submit to the council with the budget a budget message which shall incorporate the most current statement of the financial condition of the city, shall explain the budget and shall describe its important features. It shall set forth the reasons for salient changes from the previous year in cost and revenue items. As a part of the budget message, with relation to the proposed expenditures for capital projects included in the budget, the city manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. * * * §56. - Powers and duties of the school board. The school board members of the city school board shall be a body corporate under the name and style of the School Board of the city of Roanoke, and shall have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities and except that all real estate with the buildings and improvements thereon heretofore or hereafter purchased with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council and to the city managerdirector of finance a detailed statement of all moneys received by the board or placed to its credit. Separate accounts shall be kept by the board of moneys appropriated by the council, and moneys received from other sources, and every such statement shall show the balance of each class of funds on hand or under control of the board as of the date thereof The school board shall on or before March 15 each fiscal year prepare and submit to the council or its designee for its information in making up its proposed annual budget a detailed estimate, in 7 such form as the council or its designee shall require, of the amount of money required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all fiords which will probably be received by the board for the purpose of public education from sources other than appropriations by the council. The council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council. * * * 8 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 ti'I'F;PIIANIF,M.MOON REYNOLDS,MMC E-mail: clerk(a roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am enclosing copy of Resolution No. 40140-121514 providing for the process of transitioning your employment from the Council appointed position of Director of Finance to a department director position of Director of Finance for the City of Roanoke should the General Assembly enact the City's proposed amendments to the City Charter and should the City Manager appoint you to the department director position of Director of Finance, and ratifying the terms and conditions of your employment. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 15, 2014. Sincerely, � Ate' Stephanie M. Moon fnold , MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Michelle Vineyard, Director, Human Resources Jodi Lawson, Payroll and Collections Administrator Kt\‘C IN TILE COUNCIL OF THE CITY OF ROANOKE., VIRGINIA The 15th day of December, 2014 . No. 40140-121514 . A RESOLUTION providing for the process of transitioning Barbara A. Dameron's employment from the Council appointed position of Director of Finance to a department director position of Director of Finance for the City of Roanoke should the General Assembly enact the City's proposed amendments to the City Charter and should the City Manager appoint Ms. Dameron to the department director position of Director of Finance, and ratifying the terms and conditions of Ms. Dameron's employment. WHEREAS,the City Council elected and appointed Barbara A.Dameron to a two(2)year term as Director of Finance on September 4, 2014, pursuant to the Roanoke Charter of 1952 (City Charter), which term commenced October 1, 2014; WHEREAS,the City Council has proposed amendments to the City Charter that would transfer the Council appointed and supervised position of Director of Finance to a department director position that would be appointed by,report directly to,and be supervised by,the City Manager and would end her term as a Council appointed officer effective July 1, 2015; and WHEREAS, in order to provide for a smooth and efficient transition of Ms. Dameron's employment as Director of Finance from a Council appointed position to a department director position that is appointed by and reports directly to the City Manager, the City Council wishes to ratify and establish the salary and benefits of Ms. Dameron in the event that the General Assembly enacts the City's proposed amendments to the City Charter and the City Manager appoints Ms. Dameron to the position of Director of Finance. Transitioniog Director of Finance to a department director position 12 15 2014 TI IEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. Barbara A. Dameron was elected and appointed as Director of Finance for the City of Roanoke by City Council on September 4,2014, to a term of two (2)years beginning on October 1,2014 and ending on September 30, 2016, in accordance with the Roanoke Charter of 1952. 2. City Council hereby ratifies and confirms that Ms. Dameron's employment as Director of Finance is under the following terms and conditions: (a) Ms. Dameron's position of department director for the Finance Department is hereby classified as a pay grade 20 position with an annual salary of$126,000 ($4,846.15 biweekly); (b) Ms. Dameron is hereby entitled to participate in any pay increase approved by Council in the same manner as other full time City employees; (c) The City will pay on Ms. Dameron's behalf, as deferred compensation, the sum of $2,000 each quarter to the City's deferred compensation plan for Ms. Dameron's participation in said deferred compensation plan, and the City will execute any necessary agreements to provide for such payment. During the first year of Ms. Dameron's employment, such amount will be prorated based on the number of weeks actually worked; (d) Ms. Dameron is eligible as a full time employee,to participate in the Roanoke Pension Plan in accordance with the terms of that plan; (e) Recognizing that the job requirements of the Director of Finance routinely require incurring travel related expenses in the course of City business, Ms. Dameron will receive an annual salary increment of$2,500 to be provided for use by Ms. Dameron of a privately-owned or leased automobile in the conduct of official City business; (1) Unless the City provides Ms.Dameron with a cell phone,the City will provide her with a monthly stipend, pro-rated for partial months, consistent with City policies to help off-set charges associated with use of her personal cell phone; Transitioning Director of Finance to a department director position 12 15 2014 (g) The City will put into place on Ms. Dameron's behalf a disability insurance policy consistent with that available to Council appointed officers; (h) Ms. Dameron is eligible, in the same manner as other full time employees, to participate in the City's group medical and dental plan. The City will pay the employer's portion of the premium; (i) During her first year of employment, Ms. Dameron will receive one (I) week(40 hours) of paid leave and thereafter shall accrue paid leave (12 hours per month) at the rate of an employee who has completed one(1)full year of service. After the first full year of employment with the City, Ms. Dameron's accrual and use of paid leave will be in accordance with City policy; and (j) With respect to all other benefits and terms and conditions of employment not specifically enumerated in this resolution, Ms. Dameron will be accorded the same benefits,and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 3. In the event that the proposed amendments to the City Charter are enacted by the General Assembly and subject to appointment by the City Manager, Ms. Dameron's employment as department director for the Finance Department shall be under the same terms and conditions set forth above in this resolution throughout the entirety of her employment with the City. 4. Ms. Dameron will continue to qualify for the directorship of Director of Finance by taking the required Oath of Office. ATTEST: 2404;jim City Cler K AMEASUROS\TRINSITIONING DIRECTOR OF FINANCE TO A DEPARTMENT DIRECTOR POSITION 12 15 2011 DOC The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication Date CITY OF ROANOKE-CLERKS OFFICE December 04,2014 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 12/10/2014 Municipal Notices NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF I 1 x 72 L 388.32 NOTICE OF PUBLIC HEARING Publisher of the COUNCIL OF THE CITY OF Roanoke Times ROANOKE,VIRGINIA TO THE CITIZENS OF THE I, (the undersigned)an authorized representative of the CITY OF ROANOKE: Roanoke Times,a daily newspaper published in Roanoke, in the NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke. State of Virginia,do certify that the annexed notice NOTICE OF pursuant to Section 15.2-202, Code of Virginia(1950).as amended.will hold a PUBLIC HEARING was published in said newspapers on the public hearing on Monday. December 15, 2014. at 7:00 p.m., or as soon following dates: thereafter as the matter may be heard.Council in Room 450. Noel CC.a Taylor 4th ; //��V l�fnf ff/yy Building. 215 church Avenue, S.W.. s `/" AN 2 Roanoke. Virginia, at which time ...J .•• 2 citizens of the City of Roanoke shall 12/04/2014 •'r,.l have an opportunity to be heard to determine if such citizens desire (: . x0 te 4� Council to request the General - ' �,V> on1) Assembly of Virginia to make certain _ Q „n rr��a amendments to the Roanoke Charter of {I' Z _ 1952, as amended. which amendments - m 1 <r,. . t'"S - are informatively summarized as Q,- G- 0- follows: Amendments are proposed to various The First insertion being given ... 12/04/2014 4t••• 0 -C? S• sections of the Charter in order to •. ••O4C remove the office of director of finance i •• •.•• as a Council appointed officer,to place Zj Co ' the appointment of the director of Newspaper reference: 0000105077 /o. M490N∎tV�-[',\\�1/4 finance within the responsibilities of ff f f f l 1% the city manager,to designate certain duties of the director of finance, to allow Council to establish additional duties of the director of finance by ordinance, to establish the date on Sworn to and subscribed before me this Thursday, December 4,2014 which the term of office of the director of finance as a Council appointed officer ends and the date on which the city manager is first authorized to make the appointment of a director of finance, and to make such other amendments to implement the appointment of the director of finance by the city manager. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk,4th Floor, WO I 1 i Room 456, Noel C. Taylor Municipal �.�, a_ \ ` IS At. J . Building. 215 Church Avenue, S.W.. Roanoke, Virginia, 24011. For further Notary Pu• • ' :Ming Repr:s:ntative information on the matter, you may contact the City Clerk's Office at (540)853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 State of Virginia noon n Thursday,December 11.2014. Given under my hand this 24th day of City/County of Roanoke November.2014. lb r]I-'�• Stephanie Moon Reynolds,City Clerk My Commission expires ` V1 (105077) THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 0_11/4/ NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO THE CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke, pursuant to Section 15.2-202, Code of Virginia (1950), as amended, will hold a public hearing on Monday, December 15, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments are informatively summarized as follows: Amendments are proposed to various sections of the Charter in order to remove the office of director of finance as a Council appointed officer, to place the appointment of the director of finance within the responsibilities of the city manager, to designate certain duties of the director of finance, to allow Council to establish additional duties of the director of finance by ordinance, to establish the date on which the term of office of the director of finance as a Council appointed officer ends and the date on which the city manager is first authorized to make the appointment of a director of finance, and to make such other amendments to implement the appointment of the director of finance by the city manager. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the City Clerk's Office at (540)853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540) 853-2541, before 12:00 noon on Thursday, December 11, 2014. Given under my hand this day of November, 2014. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Thursday, December 4, 2014. Please send bill and affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 CITY OF ROANOKE rr OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 < ri" Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk(Oroanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 31 , 2014 The Honorable Sherman A. Holland The Honorable Evelyn W. Powers Commissioner of the Revenue City Treasurer Roanoke, Virginia Roanoke, Virginia Dear Mr. Holland and Ms. Powers: I am forwarding an attested copy of Ordinance No. 40141-121514, which has been properly executed by the Child Health Investment Partnership (commonly known as CHIP) for purposes of assessment and collection of the service charge established by this Ordinance. Sincerely, _(_ -- S. c. __ Stephanie M. Moon Reynolds, MMC 1 City Clerk Enclosure pc: Robin Haldiman, Chief Executive Officer, Child Health Investment Partnership (CHIP), 1201 Third Street, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation Amelia C. Merchant, Director of Management and Budget plc IN TI IE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of December , 2014 . No. 40141-121514 . AN ORDINANCE exempting from real estate property taxation certain property located at 1201 Third Street, S.W., Roanoke, Virginia, and depicted as Official Tax Map No. 1023006, owned by Child Health Investment Partnership (commonly known as CHIP), 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 of this ordinance by title. WHEREAS, Child Health Investment Partnership (commonly known as CHIP), (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens and other interested persons had an opportunity to be heard with respect to the Applicant's petition was held by Council on December 15, 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 Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any buildings and improvements located thereon, identified as Official Tax Map No. 1023006, commonly known as 1201 Third Street, S.W., Roanoke, Virginia, (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) K'.\Measures\tax exempt CHIP real property 12 14.doc of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Council classifies and designates Child Health Investment Partnership (commonly known as CIIIP), as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified as Official Tax Map No. 1023006, commonly known as 1201 Third Street, S.W., Roanoke, Virginia, 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 Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy. 3. This Ordinance shall be in full force and effect on January 1, 2015, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Robin Haldiman, CEO, and the authorized agent of Child Health Investment Partnership (commonly known as CHIP). K:\Measuresltax exempt CHIP real property 12 14doc 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: l WIL-444)1\11 \9\1:1\City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Child Health Investment Partnership (commonly known as CHIP), this al day of ber (a7 , 2014. Child Health Investment Partnership By _ Printed Name and Title K'.\Measures\tax exempt CHIP real property 12 14.doc S � .h'-4" 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: elerk(Aroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk December 16, 2014 Robin Haldiman, Chief Executive Officer Child Health Investment Partnership (CHIP) 1201 Third Street, S. W. Roanoke, Virginia 24016 Dear Ms. Haldiman: I am enclosing copy of Ordinance No. 40141-121514 exempting from real estate property taxation certain property located at 1201 Third Street, S. W., owned by Child Health Investment Partnership (commonly known as CHIP), an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, effective January 1, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 15, 2014; and is in full force and effect on January 1, 2015, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. Sincerely, n+ � Stephanie M. Moon Reynol M City Clerk Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation Amelia C. Merchant, Director of Management and Budget CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 15, 2014 Subject: Tax Exemption Request - The Child Health Investment Partnership Background: The Child Health Investment Partnership (commonly known as CHIP) is a Virginia, non-stock, not for profit corporation which owns certain real property located at 1201 Third Street, S.W., Roanoke and depicted as official tax map number 1023006. The organization desires the property be designated as exempt from real estate taxes pursuant to the provisions of the Code of Virginia. It is a Roanoke-based charitable organization that provides home visiting services to low income families with the primary goals of promoting children's physical and mental health and development; supporting and building parenting capacity in high-risk families; and building resilient children and self-sufficient families. At present, annual real estate taxes on the parcel are $11 ,987 on a total assessed value of $1 ,007,300. 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 -051903, with an effective date of January 1 , 2003. Based on this policy and procedure, the Child Health Investment Partnership has provided the necessary information required for applications for exemptions that would take effect January 1 , 2015. As noted above, the assessed value of the personal property at 1201 Third Street is currently $1 ,007,300 with annual taxes due of $11 ,987. The organization is current on its taxes. In lieu of the $11 ,987 in real estate taxes, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the current assessed value, the service charge amount would be $2,398. Consequently, the City would be foregoing $9,589 in annual real estate revenue. Commissioner of the Revenue, Sherman Holland, has determined that the organization is not exempt from paying 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 December 15, 2014, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance to authorize the Child Health Investment Partnership's exemption from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1 , 201 5. Chri opher P. Morrill City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Robin Haldiman, CEO, CHIP of Roanoke Valley 2 DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 R OA N O K E 540.853.6800 fax: 540.8531173 December 3, 2014 Ms. Robin Haldiman CEO The Child Health Investment Partnership 1201 Third Street, SW Roanoke, VA 24016 Dear Ms. Haldiman: The Child Health Investment Partnership filed a petition in the City Clerk's Office on October 14, 2014 requesting exemption from taxation on real property located at 1201 Third Street, SW. The real property is identified as tax map number 1023006. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, December 1 , 2014, the Council approved a request of the City Manager to hold a public hearing on Monday, December 15, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you an initial draft copy of a Council Report dated December 1 5, 2014, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that you be present at the public hearing on December 1 5th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You may wish to register with City Clerk staff at the desk outside Council Chambers immediately prior to the public hearing. If you have any questions regarding this information, please feel free to call me at 540-853-1643 or email me at rb.lawhorn @roanokeva.gov. Sincerely, R. B. Lawhor , Jr. Budget/Management Analyst Department of Management and Budget Enclosure c: /Stephanie M. Moon, City Clerk The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication Date CITY OF ROANOKE-CLERKS OFFICE December 08,2014 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 12/14/2014 Municipal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that th 1 x 49 L 28344 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 111111111/, 12/08/2014 %4 P . N y.. •QO �,cic. \0 9�0 {Y-• The First insertion being given ... 12/08/2014 ?' ;P� G� p\c` j Newspaper reference: 0000107694 '., Nj .....• '(,>‘ Sworn to and subscribed before me this Monday,December 8,2014 \ 0100, 4 ' Notary WI / Bil ing Represe e State of Virginia City/County of Roanoke My Commission expires I n 31-/5 • THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU tlI 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 December 15, 2014, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber,4th Floor,Noel C. Taylor Municipal Building,215 Church Avenue, S.W., Roanoke,Virginia,on the question of adoption of an ordinance pursuant to§58.1-3651, Code of Virginia(1950),as amended,approving the request of Child Health Investment Partnership (commonly known as CHIP), for designation of its real property as exempt from taxation. The assessed value of the applicant's real property located at 1201 Third Street, S.W., Roanoke,Virginia, and known as Official Tax Map No. 1023006,is currently$1,007,300.00 and real estate taxes of$11,987.00 were paid in the most recent year. The loss of revenue will be$9,590.00 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens and other interested persons 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, December 11, 2014. GIVEN under my hand this 1st day of December, 2014. Stephanie M. Moon Reynolds, City Clerk Note to publisher: Publish on Monday, December 8, 2014, and send bill and certificate to Stephanie Moon Reynolds, City Clerk K\MEASURES\TAX EXEMPT PH NOTICE CHIP 12 14 DOC Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Monday, December 8, 2014. Please send bill and affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Ki NOTICES 2014':DECEMBER':NPH-TAX EXEMPT CHIPDOC CITY OF ROANOKE OFFICE OF THE CITY CLERK s 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 T Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: cicrk�;roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 14, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of a petition from Child Health Partnership of Roanoke Valley (commonly known as CHIP of Roanoke Valley), a Virginia non-stock, not-for-profit corporation, dated October 14, 2014, which was filed in the City Clerk's Office on Tuesday, October 14, 2014, requesting exemption for real estate taxes located at 1201 Third Street, S. W., Official Tax Map No. 1023006, in order to promote the health of medically under-served children within the greater Roanoke Valley through its home visiting services. 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, A ! ""- . Stephanie M. Moon R olds, C City Clerk Attachment pc: Ms. Robin Haldiman, CEO, CHIP of Roanoke Valley, 1201 Third Street, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget /ckaJ 1/taxexempt/CHIP(2014).doc 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: 1. Your Petitioner, Child Health Investment Partnership of Roanoke Valley (commonly known as CHIP of Roanoke Valley), a Virginia, non-stock, not for profit corporation owns certain real property, located at 1201 Third Street, SW, in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #1023006, with a total assessed value of$1,007,300 and a total of$11,987 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 promoting the health of medically under-served children within the greater Roanoke Valley through its home visiting services 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. The Commissioner of Revenue has determined the organization is not already eligible for tax-exempt status by classification or designation as evidenced by the letter attached hereto. 3. Your Petitioner agrees to pay 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 to not be tax exempt, for as long as this exemption continues. 4. Your Petitioner, if located within a service district, agrees to pay 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. 5. 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. 8325/I/6839226v I (A): Your Petitioner was granted exemption from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 on July 23, 1992. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcoholic 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 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): No part of the net earnings of the organization inures to the benefit of any individual. Yes, Petitioner receives public and private support to fulfill its mission. Total unrestricted receipts(including in-kind contributions) in 2013-2014 fiscal year- $1,030,552 Total restricted receipts in 2013-2014 fiscal year- $13,000 Total 2013-2014 state & federal grants -$261,518 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 provides home visiting services to low income families with the primary goals of promoting children's physical and mental health and development, supporting and building parenting capacity in high-risk families; and building resilient children and self-sufficient families. 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. 8325/1/6839226v1 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): More than 77% of CHIP children served last year were from Roanoke City. CHIP provided preventative care coordination and family strengthening home visits to 1003 children last year, 776 residing in Roanoke City. 91%of CHIP families had an annual income under$10,999. During the last fiscal year, CHIP provided 6,442 home visits providing cost saving services that include: • 466 asthma assessments. 180 children received asthma case management during that time frame. • 98%of CHIP children had the required documentation to enter kindergarten • 277 Roanoke City received home visits targeting kindergarten readiness and preparation • 341 children received 473 dental varnishes • 276 received obesity prevention and nutrition education • 97% of CHIP children completed their immunization series by kindergarten entry or age 6 • 61% of CHIP children who use the ER showed a reduction in ER visits at annual recertification Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, Child Health Investment Partnership of Roanoke Valley, respectfully requests to the Council of the City of Roanoke that this real or personal property 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 charitable purposes of providing home visiting services to low income families and children with the goal of promoting children's physical and mental health and development in the Roanoke Valley. Respectfully submitting this N day of October, 2014. By: lotbi I . .t . Rob Haldiman, CEO 8325/1/6839226v1 COMMISSIONER OF THE,REVENUE, , CITY OF ROANOKE 77- An . t^r"+:4�, SHERMAN A. HOLLAND Commissioner Y ,r i C REC ORS'S.EMERSON \4:::.. lyce (Fuel'Drputc October 7, 2014 Ms. Robin Haldiman, CEO CHIP of Roanoke Valley 1201 Third Street, SW Roanoke, VA 24016 Re: Exemption of property located at 1201 Third St., SW Parcel No. 1023006 Dear Ms. Haldiman, We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2013-14 tax year. Based on the information submitted, this property is not eligible for exemption by classification or designation. However, you may contact the City Clerk's Office at (540) 853-2541 for information on applying for an exemption for non-profit organizations through City Council. Should you have any additional questions please do not hesitate to call. Sincerely, Sherman A. Holland Commissioner of the Revenue SAH/jec Cc: I/Stephanie Moon Reynolds, City Clerk R.B. Lawhorn, Dept. of Management and Budget 215 Church Avenue SW, Room 251 * Roanoke. Virginia 24011 Phone (5401853--2521 * Fax (540)853-1115 * n iru:rocmokrru.go1