HomeMy WebLinkAboutCouncil Actions 06-15-15LEA
40260- 061515
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 15, 2015
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call toOrder-- ROIICall. Mayor Bowers and Council Member Leawere
absent.
The Invocation was delivered by The Reverend Elizabeth Link, Associate
Pastor, Second Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice -Mayor David B. Trinkle.
Welcome. Vice- MayorTrinkle.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Saturday, June 20 at 4:00 p.m., and Sunday, June 21 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.
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 INDNIDUALS 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 TUESDAY COUNCIL
MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE
TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL
MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE
NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC
HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE
ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED
THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY
CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF
OFFICE:
ROANOKE ARTS COMMISSION
ONE UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2016
ROANOKE VALLEY - ALLEGHANY REGIONAL COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
ONE CITY REPRESENTATIVE UNEXPIRED TERM OF
OFFICE ENDING MARCH 31, 2017
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Wildwood Civic League, Neighborhood Organization.
The Vice -Mayor read and presented a Certificate of Recognition issued by the
Office of the Governor to Chris Craft, President, Wildwood Civic League.
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.
Chris Craft appeared before the Council.
4. CONSENT AGENDA
(APPROVED 5 -0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C -1 A communication from David B. Trinkle, Vice - Chair, City Council Personnel
Committee, requesting that Council convene in a Closed Meeting to discuss a
personnel matter, being the annual performances of the Council- Appointed Officers,
pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -2 A communication from the City Clerk advising of the resignation of M. Rupert
Cutler as a member of the Roanoke Arts Commission and as a City of Roanoke
representative of the Roanoke Valley - Alleghany Regional Comprehensive
Economic Development Strategy Committee, respectively, effective June 30, 2015.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -3 A communication from the City Attorney reporting on the annual meeting of
Virginia First Cities and the City's continued participation in Virginia First Cities.
RECOMMENDED ACTION: Received and filed.
C -4 Reports of qualification of the following individuals:
The Honorable Raphael E. Ferris as an Elected representative of the
Roanoke Valley - Alleghany Regional Commission for a three -year
term of office ending June 30, 2018;
R. Gail Burruss as the Blue Ridge Behavioral Healthcare Board City
representative of the Court Community Corrections Regional
Program, Community Criminal Justice Board, for a three - yearterm of
office ending June 30, 2018;
Brenda A. Allen as a member of the Roanoke Neighborhood
Advocates for a three -year term of office ending June 30, 2018;
Jeffrey Marks as a City representative of the Roanoke Valley
Convention and Visitors Bureau, Board of Directors for a one -year
term of office ending June 30, 2016; and
Harvey D. Brookins and John P. Bradshaw, Jr., as City of Roanoke
representatives of the Western Virginia Water Authority Board for
initial terms of office commencing July 1, 2015, and ending June 30,
2016 and June 30, 2017, respectively.
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:
Downtown Roanokelntermodal - 45 minutes
Transportation Study
For the record, Council Member Ferris read a prepared Conflict
of Interest Statement at the March 2, 2015 Council meeting ,
noting a personal interest in the abovementioned briefing.
ITEMS RECOMMENDED FOR ACTION:
Acceptance and appropriation of funds in connection with a Recycling
Partnership Grant for Single Stream Recycling.
Adopted Resolution No. 40260.061515 and Budget Ordinance No.
40261- 061515(5 -0).
2. Amendment of the City Code to extend the expiration date in order to
allow partial tax exemptions on the rehabilitation of residential,
commercial and industrial real property; and to reflect reference
updates to the Virginia Maintenance Code.
Adopted Ordinance No. 40262-061515 (5-0).
3. Amendment of the City Code to reference the Fee Compendium as
well as an amendment of the Fee Compendium itself in connection
with procedural improvements to the street and alley vacation
process.
Adopted Ordinance No. 40263-061515 and Resolution No. 40264-
061515 (5 -0).
4. Execution of Amendment No. 1 to the Workforce Investment Area III
Chief Local Elected Officials (CLEO) Charter Agreement to be
consistent with provisions of the Workforce Innovation and
Opportunity Act, re- designate the City of Roanoke as the Consortium
Grant Recipient, and designate the initial Fiscal Agent to be the
Roanoke Valley - Alleghany Regional Commission.
Adopted Ordinance No. 40265- 061515 (5 -0).
5. Execution of the Workforce Innovation and Opportunity Act Title 1
Grant Award Agreement between the Virginia Community College
System and the City of Roanoke in order to ensure continuation of
funding for a one -year term beginning July 1, 2015 and ending on
June 30, 2016.
Adopted Resolution No. 40266 - 061515 (5 -0).
6. Execution of Amendment No. 2 to the City's contract with Tennis
Courts, Inc., to add the rehabilitation of the sport courts at Huff Lane
Park as part of the ongoing implementation of the Parks and
Recreation Master Plan for improvements to existing facilities across
the City.
Adopted Ordinance No. 40267- 061515 (5 -0).
Execution of an agreement between the City of Roanoke and Carilion
Property Management, Inc., to allow use of parking spaces along the
fence on Evans Mill Road, S. W., as a shuttle drop -off point; and for
the City to indemnify and hold Carilion harmless from any and all
liabilities arising out of the use of its facilities in connection with the
annual fireworks show at River's Edge Sports Complex on July 4,
2015.
Adopted Resolution No. 40268 - 061515 (4.0, Vice -Mayor Trinkle
abstained from the vote). Conflict of Interest Statement read into
record.
8. Approval of the specified terms of the City's commitment in
connection with the Roanoke Cultural Endowment; and appropriation
of funds.
Adopted Resolution No. 40269 - 061515 and Budget Ordinance No.
40270- 061515 (5.0).
9. Appropriation of funds in connection with Fiscal Year 2015 revenue
and expenditure adjustments.
Adopted Budget Ordinance No. 40271 - 061515 (5 -0).
COMMENTS OF CITY MANAGER.
The City Manager shared the following comments
Upcoming Events
Slide the City
• South Jefferson Street, between Church Avenue and Elm Avenue
• Time: 12:00 p.m. to 5:00 p.m.
Fourth of July Freedom Fast
• Elmwood Park
• Starts at 10:00 a.m.
• Sponsored by TAP and Big Lick Entertainment
• Performances will include Nifty Gritty Dirt Band, Brothers Osborne
and Old Dominion
Fireworks on the Fourth
• River's Edge Sports Complex
• Free shuttle bus service — departs from the Church Avenue Garage
and from Virginia Western Community College starting at 7 p.m.
• Several local food trucks will be on -site selling food. Citizens are
invited to bring the family out for a picnic -style dinner before the
fireworks.
• Star County will provide music from 5 to 7 p.m.
• Winds of the Blue Ridge (musicians from Salem, Roanoke,
Blacksburg, Bedford, Lynchburg and surrounding areas) will perform
from 7:00 p.m. to 9:30 p.m., their rendition of William Tell's 1812
Overture, leading into the fireworks display.
• Fireworks begin at 9:30 p.m.
b. CITY ATTORNEY:
Amendments of the City Code with regard to appointment of the
Director of Finance; and creation of a Task Force to review the City
Code overall.
Adopted Ordinance No. 40272 - 061515 and Resolution No. 40273-
061515 (5 -0).
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs; and a report of the Director of
Finance recommending that Council concur in the request. Donna
Caldwell, Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 40274 - 061515 (5 -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. 40275 - 061515 (5 -0).
9. UNFINISHED BUSINESS:
a. Reconsideration of a motion concerning action of City Council in adopting
Resolution 40247 - 051815, adopted May 18, 2015, regarding the proposed
joinder of Botetourt County to the Western Virginia Water Authority. (Matter
was tabled on June 1, 2015.)
Council suggested a joint meeting be scheduled with the Western
Virginia Water Authority at a future Council meeting. City Manager will
coordinate the meeting.
Reconsideration of motion concerning action of City Council in
adopting Resolution No. 40247 - 051815 failed (0 -5)
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Vice -Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
Appointed Patrick Williams to replace Justin Biller as a member
(Engineer representative) of the Building and Fire Code Board of
Appeals for a three -year term of office ending June 30, 2018.
Appointed James V. Revercomb, III, to replace Mark Lucas as a City
representative of the Roanoke Valley Greenway Commission for a
three -year term of office ending June 30, 2018.
12. RECESS - 3:49 P.M.
THE COUNCIL MEETING WILL STAND IN RECESS UNTIL 7:00 P.M., IN THE
CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL
BUILDING.
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 15, 2015
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. Mayor Bowers and Council Member Lea
were absent.
The Invocation was delivered by Council Member William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice -Mayor David B. Trinkle.
Welcome. Vice -Mayor Trinkle.
CERTIFICATION OF CLOSED MEETING. (5 -0)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Saturday, June 20 at 4:00 p.m., and Sunday, June 21 at 4:00 p.m., and video
streamed by Internet through Rev.Net Technologies, Inc., at hftp: / /www.wrev.net.
Council Meetings are offered with closed captioning for the hearing impaired.
l0
A. PUBLIC HEARINGS:
1. Request of the City of Roanoke to establish an Urban Development Area in
the City of Roanoke. Christopher Chittum, Agent, City Planning
Commission.
Adopted Ordinance No. 40276-061515 (5-0).
2. Request of the City of Roanoke to rezone property located at 210 Reserve
Avenue, S. W., designated as Official Tax Map No. 1040202, from INPUD,
Institutional Planned Unit Development District, without conditions, to ROS,
Recreation Open Space District, for more traditional recreation and athletic
field uses. Christopher Chittum, Agent, City Planning Commission.
Adopted Ordinance No. 40277-061515 (5-0).
3. Request of the City of Roanoke Planning Commission to amend the City
Code to update, clarify, and make the City's Zoning Ordinance consistent
with State law, effective July 1, 2015. Ian D. Shaw, Agent, Spokesperson.
Closed public hearing
Matter was tabled until the July 6, 2015, 2:00 p.m. meeting.
4. Consideration to amend the Fee Compendium of the City to establish new
fees for legal advertisements for zoning amendments, special exceptions,
variances, and appeals to the Board of Zoning Appeals, such news fees
effective July 1, 2015.
(Inasmuch as the request has been continued by the City Planning
Commission until its next regular meeting on Monday, July 13, 2015, at
1:30 p.m., the public hearing will not be conducted by City Council as
previously advertised). No action taken.
5. Proposal of the City of Roanoke to authorize issuance of General Obligation
Public Improvement Bonds, in the principal amount not to exceed $27 million
to provide funding for various capital projects. Barbara A. Dameron, Director
of Finance.
Adopted Resolution No. 40278. 061515 and Budget Ordinance No.
40279- 061515 (5 -0).
11
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.
Jason Lambert of Salem, Virginia appeared before the Council.
C. ADJOURNED -7:55 P.M.
12
June 16, 2015
The Reverend Elizabeth Link, Pastor
Second Presbyterian Church
214 Mountain Avenue, S. W.
Roanoke, Virginia 24016
Dear Reverend Link:
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, June 15, 2015.
Sinc e
ecelia T. Webb, CMC
Assistant Deputy City Clerk
ctw
CITY Or ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'relepLone (540)853 -2541
fax: (540)853 -1145
.S 'ILPIIANIEM. MOON REYNOLDS, NIMC-
Email clerkQr'roanokm.a.6m
JONAI BAN E. CRAFT, CMC
City Clerk
Depntv City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
June 16, 2015
The Reverend Elizabeth Link, Pastor
Second Presbyterian Church
214 Mountain Avenue, S. W.
Roanoke, Virginia 24016
Dear Reverend Link:
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, June 15, 2015.
Sinc e
ecelia T. Webb, CMC
Assistant Deputy City Clerk
ctw
WEi
By virtue of the contraries, vested by the Constitution of Virginia in the Governor of
the Commonwealth of Virginia, there is hereby officially recognized:
81sT ANNIVERSARY OF THE WILDWOOD CIVIC LEAGUE
WHEREAS, in 1934, the Wildwood Civic League was founded to support community
development and to promote civic engagement and community awareness for the greater
North East Roanoke area; and
WHEREAS, for more than SO years the Wildwood Civic League has helped to actively
represent the Roanoke community as one of the oldest civic organizations in the United
States; and
WHEREAS, the Wildwood Civic League has been instrumental in multiple projects
including the development of Thrasher Park, and continues to represent the interests of all
residents by participating in various city committees that work to improve the
neighborhood; and
WHEREAS, June 2015 marks the 81" Anniversary of the Wildwood Civic League;
NOW, THEREFORE, 1, Terence R. McAuliffe, do hereby recognize June 2015 as the
811T ANNIVERSARY OF THE WILDWOOD CIVIC LEAGUE in our
COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of all
our citizens.
WE
CITY OF ROANOKE
CITY COUNCIL
l 215 Ch rchA S. W'.
Noel C Taylor blumcipal Building, Suite 456
6 %y�
Roanoke, Vu,iiiia 24011-1536
Telephone (540) 853-2541
DAVID A. BOWERS Fax: (540) 853 -1145
Havnr
June 15, 2015
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E "Ray" Ferris
Sherman P. Lea
Anita 1. Price
Court G. Rosen
David B. Turkle
I wish to request a Closed Meeting to discuss the annual performances of the Council -
Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as
amended.
Sine rely, NOB �% /{ /�//D nkle, VieeVV r
City Council Personnel Committee
DBT:ctw
SI'E:PH AN I E M. MOON REYNOLDS, MM('
('try Clerk
June 16, 2015
Dr. M. Rupert Cutler
204 S. Jefferson Street, S. W., Unit 4
Roanoke, Virginia 24011
Dear Dr. Cutler:
JONA FLAN E. CHAT 1, ('M('
Deputy City Clerk
CEC'ELIA T. WEHH, CHIC
AWslant Depnby City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Roanoke Arts Commission and as a City representative of the Roanoke Valley-
Allegheny Regional Comprehensive Economic Development Strategy Committee was
before the Council of the City of Roanoke at a regular meeting, which was held on
Monday, June 15, 2015.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a member of the Roanoke Arts
Commission from July 1, 2010 to June 30, 2015 and as a City representative of the
Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy
Committee from October 6, 2011 to June 30, 2015. Please find enclosed Certificates of
Appreciation and aerial view photographs of the Roanoke Valley in recognition of your
service.
Sincerely,
Stephanie M. Mon Reynoldtc
City Clerk
SMM:ctw
Enclosure
PC: Wayne G. Strickland, Executive Director, Roanoke Valley - Alleghany Regional
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Melissa Murray, Secretary, Roanoke Arts Commission
Susan Jennings, Arts and Culture Coordinator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avennc, S. W., Suitc 456
Roanoke, Virginia 24011 -1536
"Telephone: (5411)853 -2541
Eac (5411)X53 -1145
P: mall: elerk(ntrnannkeva.eov
SI'E:PH AN I E M. MOON REYNOLDS, MM('
('try Clerk
June 16, 2015
Dr. M. Rupert Cutler
204 S. Jefferson Street, S. W., Unit 4
Roanoke, Virginia 24011
Dear Dr. Cutler:
JONA FLAN E. CHAT 1, ('M('
Deputy City Clerk
CEC'ELIA T. WEHH, CHIC
AWslant Depnby City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Roanoke Arts Commission and as a City representative of the Roanoke Valley-
Allegheny Regional Comprehensive Economic Development Strategy Committee was
before the Council of the City of Roanoke at a regular meeting, which was held on
Monday, June 15, 2015.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a member of the Roanoke Arts
Commission from July 1, 2010 to June 30, 2015 and as a City representative of the
Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy
Committee from October 6, 2011 to June 30, 2015. Please find enclosed Certificates of
Appreciation and aerial view photographs of the Roanoke Valley in recognition of your
service.
Sincerely,
Stephanie M. Mon Reynoldtc
City Clerk
SMM:ctw
Enclosure
PC: Wayne G. Strickland, Executive Director, Roanoke Valley - Alleghany Regional
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Melissa Murray, Secretary, Roanoke Arts Commission
Susan Jennings, Arts and Culture Coordinator
CERTIFICATE OF APPRECIATION
PRESENTED TO
DR. M. RUPERT CUTLER
AS A MEMBER OF THE
ROANOKE ARTS COMMISSION
FROM JULY 1, 2010
TO JUNE 30, 2015
ON THIS 16TH DAY OF JUNE , 2015
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO
THE CITY OF ROANOKE
APPROVED:
VQ«�,
DAVID A. BOWERS
MAYOR
ATTEST
STEPHANIEM.MOO YN S
CITY CLERK
CERTIFICATE OF APPRECIATION
PRESENTED TO
DR. M. RUPERT CUTLER
AS A CITY REPRESENTATIVE OF THE
ROANOKE VALLEY - ALLEGHANY REGIONAL COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
FROM OCTOBER 6, 2011
TO JUNE 30, 2015
ON THIS 16TH DAY OF JUNE , 2015
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO
THE CITY OF ROANOKE
APPROVED:
DAVID A. BOWERS
MAYOR
ATTEST:
STEPHANIEM,MO NRE!. LDS
C]TY CLE C
t� 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
S I'EPl1APnE M. MOON REYNOLDS, MMC E -mail de,kgroanokeva.,,
City Clerk
June 15, 2015
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
A5Sioant Deputy City Clerk
This is to advise that M. Rupert Cutler has tendered his resignation as a member of the
Roanoke Arts Commission and as a City of Roanoke representative of the Roanoke
Valley - Alleghany Regional Comprehensive Economic Development Strategy
Committee, respectively, effective June 30, 2015.
Sincerely,
` 1
Stephanie M. Moon eynolds, MMC
City Clerk
r CITY OF ROANOKE
v OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL_ RCII_DING
- - 215 CHURCH AVENUE, SW
h8tiii ROANOKE, VIRGINIA 24011 -1595
Daniel J. Callaghan TELEPHONE 540. 853.2431
City Attorney FAX 540- 853.1221
EMAIL: ciminyPromokew.gov
June 15, 2015
'The Honorable David Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Re: Virginia First Cities
Dear Mayor Bowers and Members of Council:
Timothy R.
Spencer
Steven J.
Talevi
David L.
Collins
Heather P.
Ferguson
Laura M.
Carini
Assistant City Attorneys
I attended the Annual Meeting of the Board of Directors of Virginia First Cities (VFC) on Friday,
May 29, 2015 in Charlottesville. The board received presentations from staff regarding the completed
2015 Legislative Session and the continuing budget discussions. Attached to this letter is the PowerPoint
presentation. In summary, VFC had some legislative successes, notably in the area of Enterprise Zone
legislation and elimination of Aid to the Commonwealth. Staff also noted that budget issues remain a
priority based, in large part, on the constitutional requirement that the General Assembly replenish the
Rainy Day fund.
The Board also received a panel presentation from a panel of members' police chiefs regarding
police and safety issues following the recent riots in Baltimore. Chief Chris Perkins participated. The
discussion was lively and very informative. Several members of the VFC board commented to me their
very positive impressions of the work that Chief Perkins and his department are doing for the City.
Bill Shelton the Director of the Virginia Department of Community and Economic Development
also spoke to the group regarding the effective use of enterprise zones and the availability of grants from
his department through the Industrial Revitalization program. In both areas, Mr. Shelton specifically
noted the active role the City has played. I le used Roanoke as a good example of creative development of
enterprise zones. In the grant arena, Mr. Shelton recognized the City's recent award of the $600,000 grant
with regard to the redevelopment of the Gill Memorial Building.
Following these presentations, the Board voted for the FY 2016 budget and officers for FY 2016.
A copy of the budget is also attached to this letter.
During the lunch break, I learned that the Cable and Telecommunications lobby plans some
legislative initiatives for the 2016 legislative session in an effort to limit the ability of localities to provide
broadband service. I have alerted our legislative liaison of this development and we will be prepared for
any proposals that may be made.
On a related matter, Council asked staff to review the City's continuing role in VFC. After
discussions with the City Manager, Kimball Payne (City Manager of Lynchburg), and Council Member
Rosen, the City plans to end its membership in VFC effective June 30, 2016. The rationale for this
determination is that the advanced notice will allow VFC to prepare in FY 2017 budget.
Please let me know if you have any questions.
SSiin4 cereeely,
DaniiY/
City Attorney
DJC /Isc
Attachments: PowerPoint Presentation
FY 2016 Budget
Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman Stovall, Assistant City Manager for Operations
Barbara Dameron, Director of Finance
Troy Harmon, Municipal Auditor
Stephanie M. Moon Reynolds, City Clerk
Robert Carron, Legislative Liaison
R
R I
FIRST CITIES
Virginia
First
Cities
• Charlottesville
Hampton
F xfr Cil ir$
• Hopewell
• Lynchburg
• Portsmouth
• Martinsville
Petersburg
• Newport News
RichmonU
• Norfolk
Roanoke
Staunton
• Winchester '
5/11/2015
FIRST CITIES
2015 Annual Meeting
CitySpaee
Charlottesville
May 29, 2015
VFC 2014 -15
Administrative Priorities
• Hired a new Legislative Director— Laura
Bateman, January 2015 (William Johnson,
Linda McMinimy, Bryan Pennington)
• Promoted VFC in City Visits— Stuanton,
Martinsville, Newport News, Lynchburg,
Winchester
• Educate membership about what we are
doing
1
2015 VFC Legislative Priorities
Education- Struggling Schools
Public Safety- Police Department Funding
(preserve and increase - concern about
raiding)
Street Maintenance — Protect Resources
Extended Year Schools (Year Round
Schools) VFC Legislative Success
JLARC study on Year Round Schools reforms improves SOL
s of roman groups: African Amencan students At Risk
Students. Hispanic and ESL students JAVY or Air. Am. Students
Improved SOL scores fa A o)
er and seared higher than premcte
VFC KPI Raguesr -$3 d million —.,red for planning and
Implementation grants call biems-
qoe IIlo alsiiessea ncommuni es with greatest need pil s6 M ntY
htstnluted)
Petersburg received implementation grams for schools and la
ren y rmvamemmg
Reforms: Rlcnmond. Petersburg Roanoke. Lynch burg,
Manassasu Pam,aRadford Gloucester
ll receiving pranning orlmplementatlon
grants
VFC receives 53% percent of Memo grants
in OE agrees that more funds mg be required and VFC will lnsrease
our reguec
6/11/2O15
VFC Legislative Success
rose Lord over Schools Funding (Year Round Schools) $4.8
Million Added expernai funding our m ovaro elnng iemand and proration
nito $400.00
Wann n96n eappl vents
VC U Teacher Reamen , Program $500,000 Planning Expansion to
Perersdum and forma,
Pre -k Footling Holo Harmless –VFC helped protect VPl elors
Enlelprise Zone Program -$050 000
Enrerp ^se Zone Study $80.00s)
Defeated leglaatre erns to amend the pmgmm adverse to our
merects
emwn0elds Program Funding – $750,000($5gk per mcallty)
Enterprise Zone Program
Virginia Firer ciuea is the primary advocate for the enhancement and
preservation or the State Enterprise Zone Program.
sues 11
VFC has grown and maintained EZfunding
Protected the program tar distressed bargees am pushed back
attempts to expand the program to Improve that am not
dlsdessed.
2011 2012 2013 raller's Mat
noxvp roper l wi re gmnp 0msm.
In lull the numbeir ut EZmnes will can 1t hunk prom 111. Sg
rynlhb.M Hrmmon nvevoxa wsungsnnes axp e
VFC Request - Study of Enterprise Zones
John Acconino, VGU Professor and Director, Center for
Urban and Regional Analysis -CUBA, recent)y authored a
study on the economic im pads of State and Federal
Historic Rehabilitation Tax Credits (Preservation Virginia)
and the Virginia Main Street Program (Preservation
Virginia)
Comprehensive Study gives justification and benefits of
the program (could help titles like ours)
Proposal to inn ive)y study the EZ program, benefits,
revenue, possibility of expansion, requirements, etc,
Timely study because of cuts and dwindling of funds
Interest by other localities with "pockets of poverty', not
locality wide distress
Could examine whether this is a good option and how
much funding would be necessary to make it viable
The Outlook for
State Aid to Virginia First Cities
finale I F ;,I('j.
6/11/2015
On the Horizon
E rmantields Webinar- DIED and EDP assessment
grants
Extended Year Schools Webinar- encourage
members to participate if your school system has any
interest at all
EZ Study - VFC active participant
Pre -K Study to determine eligibility for participants and
other issues
Impact of Disproportionate Felonizatlon of City
Residents Is dramatic, strategies (certain non - violent
drug or other crimes, restorative justice)
Potential City Meeting Partnering with the Sec of
Commerce and Trade
FY 2015 CF Rcyenues Likely to Sbow e large Surylus
NegetrveG g% Remoinin6 Gs,-h Needed (May -June)
Fx IF F-
M
6/11/2015
May 2015 1nceant I'ax Dues Appear to Be Rebounding
Closer to May 2013 Levels
I ..... I.. lo min ®mw
A Large Rainy Day Fund Deposit Will Be
Required From FY 2015 Revenues
4
FY 2015 Surplus Can
Ripple Into Out -years
6/11/2015
May 2015 1nceant I'ax Dues Appear to Be Rebounding
Closer to May 2013 Levels
I ..... I.. lo min ®mw
A Large Rainy Day Fund Deposit Will Be
Required From FY 2015 Revenues
4
Rainy Day Fund Will Consume
FY 2015 Surplus, But Not Out -Years
State Aid to Localities Continues to
Decline as a Percent
of the
GF
Budget
GF State Aid to
Localities (S Nil.)
i
1
6/11/2015
Local Priorities Losing Ground
Major GF Uudget Drivers FY 2006 -16
5
i
1
Local Priorities Losing Ground
Major GF Uudget Drivers FY 2006 -16
5
Medicaid Is Squeezing K -1E Funding
(% if State GF)
mnnlms A n—la sum rn K
rer px -I1 I-,..y
7$ Ail Slot, Anneoneirvlen FlmaJ
:�IIII�:'ll
6/11/2015
As is Crineving State GF Debt Serene
9
6/11/2016
VFC Criminal Justice and Social Welfare Data
Lo.. 0.1y R4invin {IO R-111f . Rnl@dly Reunion
7
11 1
6/11/2016
VFC Criminal Justice and Social Welfare Data
Lo.. 0.1y R4invin {IO R-111f . Rnl@dly Reunion
7
Virginia First Cities Revenue Sources Have
Not Kept Pace With Inflation/Population
Nryinie I aiiu dr-1— tn"11
!_....xvv Y4—
Initial Analysis of 2016 -18 State OF Budget: State
Needs Could Take a Big Bite Out of Now Revenues
2016 -1 a biennial base GF budget about $37 s blllion.
PossiblQ available GF r250urees of about $39 bi ian.
Additions to base budget costs Could Include:
Rabanohmarked K Q oasts ($600 million?)
- Medicaid Inflation and utilization ($500 million ?)
- Additional debt service for already authorized debt. Cash
for capital?
- Repeal accelamted sales tax other tax policy shifts?
Restore agency cuts? Increased employee health care
pats?
- Salary Increases for stale employees, faculty?
Accelerate full funding of VRS?
Voluntary deposit to Rainy Day Funtl?
6/11/2015
VFC Legislative Agenda
State Budget Issues - 2016 General Assembly
R111111 Ad 111 veMe sal. Is. , 1,11 been 11.1- 11 wvm¢.
ebin Proszinsio meu 11.dm11
�
reemovee am.....
ev
evlemnnaepe peg-
Pas m
- rvnbmg io elmin,t, ,I ,I, a
Pmnrten
0
6/11/2015
2016 General Assembly
Bills for Consideration ??
1— Ill —e, •wood 'kw
..p d.d911 Ilk, Ind pemi~ltAIIlk,
pmgom�C mGp W43IId8,1dng, loremmp e,
At kIk Ed—fill
Virginia First Cities
2016 PROPOSED
BUDGET
Coordination
FY 2015
FY 2016
Executive Director
126,758
129,293
Admin. Support
31,500
32,130
Rent
7,209
7,461
Phone and Internet
2,500
2,500
Copying and Printing
2,000
2,000
Furniture and Equip.
1,200
1,200
Office Supplies
1,000
1,000
Travel
2,000
2,000
Meeting Expenses
7,262
8,262
Legal and Audit
3,500
0
Bookkeeping
2,370
2,370
Postage
300
500
IT Service /Repair
700
1,000
Subtotal
188,299
189,716
Lobbying
57,000
53,040
Policy /Research
60,000
61,200
Communications & Pub Relations
2,000
5,500
Reserve
0
0
Bonus for Staff 2%
0
Total
307299
30y456
Revenue
305,735
305,735
Reserve Funds
1,564
3,721
Notes:
1,2% increase for contractors per policy (E.D., Admin Services, Lobbyist, Research)
2 Increase rent 3.5%
3. Update electronic equipment
4.Meeting expenses increase
5.Postage increase for mailings
6. IT increase
7. Increase for website upgrade and updated marketing materials
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Rtnumke, Virginia 24011 -1536
'ld honc (540)853-2541
Fnx: (540)853 -1145
S'I'E IMANIF. M. MOON REYNOLDS, MMC, E -mil: vlerWii roxnolmva.cov
('11)'('Icrk
June 16, 2015
Wayne G. Strickland, Executive Director
Roanoke Valley Alleghany Regional Commission
P. O. Box 2569
Roanoke, Virginia 24010
Dear Mr. Strickland:
,IONA'I'HAN E. C'RA VI', C'M('
Deputy City ('Ierk
('EC EL.IA T. W ERB, CMC
A,,ktnnt Deputy City Clerk
This is to advise you that The Honorable Raphael E. Ferris (Elected Official) has qualified
as a City representative of the Roanoke Valley - Alleghany Regional Commission for a
three -year term of office ending June 30, 2018.
Sincerely,
S�tephanie n oon Re � s,
C
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, THE HONORABLE RAPHAEL E. FERRIS, 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 an Elected representative of the Roanoke
Valley - Alleghany Regional Commission for a three -year term of office ending June 30,
2018, according to the best of my ability. So help me God.
/ r
THE HO ORA LE RAPHAEL E. FERRIS
The foregoing oath of office was taken, sworn to, and subscribed before me by The
Honorable Raphael E. Ferris this day of 2015.
..
SI ITI IAN IE NI. MOON REYNOLDS, M MC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (5411)853 -2541
Eas: (540)853 -1145
L-nmll: clerk(n? roan. ke......
June 16, 2015
Beth Lipes, Director
Court - Community Corrections
1717 Peters Creek Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Lipes:
JONAI HAN E. CRAFr, CMC
Deputy ('ity Clerk
CECELIA 1. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that R. Gail Burruss has qualified as the Blue Ridge Behavioral
Healthcare Board City representative of the Court Community Corrections Program
Regional Community Criminal Justice Board for a three -year term of office ending June 30,
2018.
Sincerely,
Stephanie M. Moon Re Ids, C
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, R. GAIL BURRUSS, 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 the Blue Ridge Behavioral Healthcare Board City representative of the Court
Community Corrections Regional Program, Community Criminal Justice Board, for a
three -year term of office ending June 30, 2018, according to the best of my ability. So
help me God.
R. GAIL BURRUSS
The foregoing oath of office was taken, sworn to, and subscribed before me by R. Gail
Burruss this day of 2015.
Brenda S. Hamilton, Cler of the Ciiirr�c'u��ivittt Court
By � � Clerk
CITY OF ROANOKE
OFFICE, OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
10,1p n: (540)953-2541
Par (5411)X53 -1145
S'I Let IAN I E M. MOON It EVNOLDS, MM(' linwil: vlcr),01)- awoke —gov
JONATHAN E.CkAPr,CMC
Cil> ('k,k
Deputy City Clerk
CECELIAT. WEBB,C'MC'
Assistant Deputy City ('lerk
June 16, 2015
Robert A. Clement, Jr.
Neighborhood Services Coordinator
Roanoke, Virginia
Dear Mr. Clement:
This is to advise you that Brenda A. Allen has qualified as a member of the Roanoke
Neighborhood Advocates for a three -year term of office ending June 30, 2018.
Sincerely,
�oti. ►-fir.
Stephanie M. Moon R ynolds, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, BRENDA A. ALLEN, 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 Roanoke Neighborhood Advocates for a three -year term of
office ending June 30, 2018, according to the best of my ability. So help me God.
�%RE A A. AL EN
The foregoing oath of office was taken, sworn to, and subscribed before me by
Brenda A. Allen this Zg4�day of /r 015.
Brenda . H miltonDCl�er/(k/gpf t Circuit Court
By Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Clmrch Avenue, S. W., Snite 456
Roanoke, Virginia 24011 -1536
'rclepLOne: (541)853-2541
F.,: (5411) 853 -1145
1 I'FP11ANIE M. MOON REYNOLDS, MM(' k:nWk clerkGr,'nnnokuw.env
CSI, Clerk
June 16, 2015
Landon Howard, Executive Director
Roanoke Valley Convention and Visitors Bureau
101 Shenandoah Avenue, N. W.
Roanoke, Virginia 24016
Dear Mr. Howard:
.IONA "r11AN E. CRAVE, ('MC'
DeVn1y ('ity Clerk
C'EX ELIA "1'. WINO, CMC
AWNt,int Deputy City Clerk
This is to advise you that Jeffrey Marks has qualified as a City representative of the
Roanoke Valley Convention and Visitors Bureau, Board of Directors fora one- yearterm of
office ending June 30, 2016.
Sincerely, / . t Ste . � _
Moon
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, JEFFREY MARKS, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Roanoke Valley Convention and Visitors Bureau,
Board of Directors for a one -year term of office ending June 30, 2016, according to the
best of my ability. So help me God. I
The foregoing oath of offic was taken, sworn to, and subscribed before me by Jeffrey
Marks this Sa— day of 11kU, 2015.
Bren a S. Hamilton, CI k of the Circuit Court
By
S'1'4'THANIE M. MOON REYNOLDS, MMC
(ft,( In it
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'1 dOibnne: (540) 953 -2541
Fen (540) N53 -1145
I:rnail: clerkfnn'onnukcva.gnv
June 16, 2015
Gayle Shrewsbury, Secretary
Western Virginia Water Authority
601 S. Jefferson Street, Suite 200
Roanoke, Virginia 24011
Dear Ms. Shrewsbury:
JONA I'HAN E. ('I(AV I', (MC
Drina, City Clerk
CECELIA T. WEBB, CM('
Assistant Deputy City Clerk
This is to advise you that Harvey Brookins and John P. Bradshaw, Jr., have qualified as
City of Roanoke representatives of the Western Virginia Water Authority for initial terms of
office commencing July 1, 2015 and ending June 30, 2016; and July 1, 2015 and June 30,
2017, respectively.
Sincerely,
9/ Vu
Stephanie M. Moon Re)holds, MM n.�
City Clerk
SMM:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, HARVEY D. BROOKINS, do solemnly swear that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a City of Roanoke representative of the Western Virginia Water Authority Board for an
initial term of office ending June 30, 2016, according to the best of my ability. So help me
God.
HARrVEY D. BROOKINS
The foregoing oath o e(�ww tta kern, sworn to, and subscribed before me by Harvey D.
Brookins, this day of 2015.
Brenda S. Hamilton, Clerk of the Circuit Court
By uC ° Clerk a
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, JOHN P. BRADSHAW, JR., do solemnly swear that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a City of Roanoke representative of the Western Virginia Water Authority Board for an
initial term of office ending June 30, 2017, according to the best of my ability. So help me
God.
"& r
JOHN P. BRADSHAW, JR.
The foregoing oath of o ice was ta'ke'n,, sworn to, and subscribed before me by John P.
Bradshaw, Jr., this day o / 2015.
OF
.. • - • •.
roe
Downtown Roanoke Intermodal
Transportation Study
Roanoke, VA
wendel S IF CS
June 15, 2015
Public Meeting Feedback
"I am considering moving to Roanoke and stumbled on this event. Downtown,
no -car living is important to me. Bike - bus -train potential is appealing- I would
use it."
"I ride the train from Lynchburg to DC somewhat often. I'm looking forward to
having Amtrak to Roanoke. The current Valley Metro building and the Parking
lot on Salem Ave are the ideal hub for this multimodal station... Please make
efforts to enhance pedestrian amenities along Salem and Campbell Ave."
"The bus station must be moved to encourage economic activity on Campbell.
An attractive, ambitious new intermodal station is needed."
"I feel that it definitely needs to be handicap accessible. I think the sawtooth
model will be best for people in wheelchairs. No need to go between cars. I
hope it will run longer than the buses do. You can't do a lot at night and if you
work nights you have to be by 8:15 to go on the last bus."
INTRO CONCEPTS & OPPORTUNITJES • Q & A
Downtown Roanoke Intermodal Transportation Study— Roanoke, Virginia
Ridership Forecast
INTRO CONCEPTS & OPPORTUNITIES • Q & A
Downtown Roanoke Intermodal Transportation Study— Roanoke, Virginia
Amtrak. Operafio
Table 3: Annual Economic Impact of Roanoke MTC Operation (2018)
Direct Indirect Induced
n Spending ($Million) $7.3 $1.0 $1.3
Bus Operation
Taxi Service
Facility Support
Retail and Food Service
(including VA for Lovers Store)
Total
Note: Numbers may nor sum due to rounding
Source: IMPLM Pro 2013 and Chmma
Employment
3
2
1
Spending ($Million)
$0.6
$0.2
$0.1
Employment
3
1
0
Spending ($Million(
$0.0
$0.0
$0.0
Employment
1
0
0
Spending ($Million)
$1.5
$0.4
$0.3
Employment
31
3
2
Spending ($Million)
$0.5
$0.1
$0.1
Employment
10
1
1
Spending ($Million)
$9.8
$2.6
$1.8
Employment
48
6
5
Total Impact
$10.5
6
$0.9
4
$0.1
1
$2.1
37
$0.7
11
$14.5
59
Program - Intermodal
• Transit Facility
6,000 sq. ft.
• Waiting Area
600 sq. ft.
• Employee Area
900 sq. ft.
• Customer Service /Dispatch
400 sq. ft.
• Amtrak Station
4,000 sq. ft.
• Amtrak Staff Requirements
3,600 sq, ft.
• Public Space
400 sq. ft.
• Bus Parking
41,600 sq. ft.
• 16 bays (minimum, 18 desired)
• Car Parking Requirements
16,800 sq. ft.
• Taxi
5
• Police
2
• GRTC
6
• Kiss -n -Ride —
6
• Car Share
8
INTRO CONCEPTS & OPPORTUNITIES • Q & A
Downtown Roanoke Intermodal Transportation Study— Roanoke, Virginia
I F
----- -- ---- -
ROAMOKETRAINSIT STUDY
iI
omiory
-mil" e 0.1dal
RO NOKE
to
r
ROANOKE TRANSIT STUDY
J�
R� ....�.........,..._.. Y. vuendel
- �!#
ROANOKE TRANSIT STUDY
... �wendel
ROANOKE
s
. Ua F
ovnon
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Wendel
ROANOKE U-
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ROANOKE TRANSIT STUDY
ROANOKE
IF
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w
S a ROANOKE TRANSIT STUDY
RC NME
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oPTON
3D - Design Option E
INTRO • STUDIES & TASKS Q & A
Downtown Roanoke Interrnodal Transportation Study— Roanoke, Virginia
3D - Design Option E
Ira
INTRO • STUDIES & TASKS O & A
Downtown Roanoke Intermodal Transportation Study— Roanoke, Virginia
Funding Opportunities
There are several funding sources for the Roanoke Project :
■ FTA Funding:
y 5339 for New Bus and Bus Facilities
r 5337 State of Good Repair
5307 Formula Funding
■ State and Federal funding allocated in the form of House Bill (HB -2)
• Local and Regional Funding
INTRO • STUDIES & TASKS Q & A
Downtown Roanoke Intermodal Transportation Study— Roanoke. Virginia
Questions & Answers
INTRO • STUDIES & TASKS • CONCEPTS & OPPORTUNMES
Downtown Roanoke Intermodal Transportation Study— Roanoke, Virginia
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chinch Avenue, S. W., Suite 456
Wa Roanoke, Virginia 24011 -1536
"I clep0oucc (5411)853 -2541
F- (540) 853 -1145
S1VVIIAND, M. MOON RRVNOLDS, MMC Email: Clerk(inrannukevu.gov JONAIIIAN E.CRAE-r,('M('
City Clerk Deputy ('ity Clerk
C'EC'ELIA T. WEBB, CM('
Assistant Deputy City Clerk
June 16, 2015
Keefe Harrison, Executive Director
Recycling Partnership, Inc.
125 Rowell Court
Falls Church, Virignia 22046
Dear Ms. Harrison:
I am enclosing copy of Resolution No. 40260 - 061515 accepting a grant from Recycling
Partnership, Inc., to the City for the City's Single Stream Recycling program, and
authorizing execution of any required documents on behalf of the City in connection with
such grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
recessed meeting held on Monday, June 15, 2015.
Sincerely,
/tqkn .�w-R
Stephanie M. Moon Reynolds, MM C
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Management and Budget
Skip Decker, Manager, Solid Waste Management
J
IN THE COUNCIL, OP TAE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40260- 061515.
A RESOLUTION accepting a grant from Recycling Partnership, Inc., to the City for the
City's Single Stream Recycling program, and authorizing execution of any required documents
on behalf of the City in connection with such grant, under certain conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The City Manager is hereby authorized on behalf of the City to accept from
Recycling Partnership, Inc., a grant in the amount of $40,000 and $139,000 of in -kind services,
with a $30,000 local match from the City, for the City's Single Stream Recycling program, such
funding to be used as support for the planning and promotion of single stream recycling,
including the development of a comprehensive outreach program to educate the community, all
of which is more particularly described in the City Council Agenda Report dated June 15, 2015.
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City, any and all requisite documents pertaining to the
City's acceptance of the grant, such documents to be approved as to form by the City Attorney,
3. The City Manager is hereby authorized to take such further actions and execute
all documents as may be necessary to implement and administer such grant, consistent with the
terms of this resolution, with any such documents being approved as to form by the City
Attorney,
ATTEST:
CvN.YriwA
City CI
R'I'EPIIANII, M. MOON REVNOID.S, MMC
City Clerk
Barbara A. Dameron
Director of Finance
Roanoke, Virginia 24012
Dear Ms. Dameron:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avemte, S. W., Suite 456
Roanoke, Virginia 24011 -1536
"relepkone: (540)853-2541
Fnx: (541))853-1145
H -mn11: elerk(Pmmisokevo.gov
June 16, 2015
JONA'1'I IAN E. CRAEI', ('M('
Depmy City Clerk
CE('EL A1'. WEIIII, CM('
A.aeiahmt Deputy City Clerk
I am enclosing copy of Budget Ordinance No. 40261- 061515 appropriating funding from
Recycling Partnership Incorporated for single stream recycling, amending and
reordaining certain sections of the 2014 — 2015 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015; and is in full force and effect upon its
passage.
Sincerely,
krn.
Stephanie M. Moon eynold , MC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Management and Budget
Skip Decker, Manager, Solid Waste Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of .lone, 2015.
No. 40261 - 061515.
AN ORDINANCE appropriating funding from Recycling Partnership Incorporated
for single stream recycling, 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
Revenues
Recycling Partnership FY15 - RPI
Recycling Partnership FY15 - Local
35-
530
- 8312
-2010
$ 70,000
35-
530
- 8312
-8312
40,000
35-
530
- 8312
-8313
30,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: The Recycling Partnership, Incorporated Grant For Single
Stream Recycling
Background
The Recycling Partnership, Incorporated is a non - profit organization that
leverages grants and technical assistance to transform curbside recycling
systems within the United States. The Recycling Partnership, Incorporated has
awarded the City of Roanoke $40,000 for outreach and educational materials
needed for the Solid Waste Management Division's planned Single Stream
Recycling program. Additionally, The Recycling Partnership, Incorporated will
provide services and support valued at up to $139,000. Solid Waste
Management will use this award as support for the planning and promotion of
single stream recycling, including the development of a comprehensive
outreach program to educate the community. Experts in the implementation
and communication of single stream recycling will assist Solid Waste
Management with the logistics and public outreach of the program. A media
agency with experience in educating communities on single stream recycling
across the country will provide a high quality media campaign tailored
specifically to the City of Roanoke. In addition to these items listed above, a
cash award of $40,000 will be provided to the City for the implementation of
the marketing campaign to cover the expense of printing and media placement.
The grant is contingent upon the City of Roanoke committing to a single stream
recycling program with 35,000 new recycling carts, RFID readers, collection
trucks and a $30,000 required match for education and outreach. The match
will be specifically used for media placement, printing, postage and
promotional materials to maximize the impact of the outreach plan. Research
has shown that a strong communication program greatly enhances the
successful participation of single stream recycling initiatives.
Recommended Action:
Accept the grant from The Recycling Partnership, Incorporated, as described
above and authorize the City Manager to execute the grant agreement and any
related documents; all such documents to be approved as to form by the City
Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the Grant fund for $40,000, transfer funding in the amount of $30,000 from
account 35- 300 - 9700 -5415 (Local Matching Funds for Grants) to provide the
local match funding, and appropriate total funding of $70,000 into accounts to
be established by the Director of Finance in the Grant Fund.
OCnstopherP. Morrill
City Manager
Distribution: Council Appointed Officers
THE RECYCLING
,. PARTNERSHIP Recycling Part nership.org
May 22, 2015
Skip Decker
City of Roanoke
215 Church Avenue
Roanoke, VA 24011
Dear Mr. Decker
Enclosed is a copy of the Contract between the City of Roanoke and The Recycling
Partnership, Inc. (Partnership) formally Curbside Value Partnership (CVP).
Invoices or matters regarding work to be performed under the terms of the Contract
should be directed to Karen Bandhauer, Partnership Project Director, at
kbandhauer@recyclingpartnership .ore or (970) 682 -1662.
Should you have any questions regarding the Contract, please contact me at (864) 760-
8828.
Sincerely,
Keefe Harrison
Executive Director
The Recycling Partnership, Inc., Formally Curbside Value Partnership
Enclosure
RECVCLECURBSIDEORG 125 Rowell Ct Falls Church, VA 22046
This Contract is hereby made and entered into on XXXX XX, 2015, by and between The
Recycling Partnership, Inc. (Partnership), formally Curbside Value Partnership, Inc. (CVP)
and the City of Roanoke, VA (Grantee) (referred to collectively as the "Parties").
1. Contract Documents: The Contract consists of this document and its
attachments, which include (a) Terms and Conditions (Attachment A) and
(b) Grantee's Work Plan (Attachment B) and comprise the entire agreement
between the Parties and supersede all prior oral and written statements.
Amendments to the Contract may be made by the Parties as provided herein.
2. Contract Period: This Contract shall be effective starting on XXXX XX, 2015 and
shall end on XXXX XX, 2016.
3. Grantee's Duties: The Grantee shall complete the project as described in
Attachment B.
4. The Partnership's Duties: The Partnership shall make distributions to the Grantee
in the manner and in the amounts specified in the Contract. The Partnership
shall also commit to providing contractor support in the manner outlined in the
Contract.
S. The total amount distributed by the Partnership to the Grantee under this
Contract shall not exceed FORTY THOUSAND DOLLARS ($40,000). The
Partnership will also provide the Grantee access to resources, contractor
assistance, and Partnership staff time, valued at $139,000.
Location
Education and
Outreach
Technical
Assistance
Champion
Building
Total
$32,000
$40,000 plus
$1,812,000
access to
Dedicated
Dedicated
$40,000 plus
education
support from the
support from the
up to $139,000
Roanoke, VA
Partnership
Partnership
campaign
valued up to
valued up to
in assistance
i
materials valued at
$30,000
$9,000
and support
$100,000
The Grantee commits to the following:
Vendor: 35,000 carts
$1,750,000
Grantee: Education and Outreach Funding
$30,000
Grantee: RFID readers /Trucks
$32,000
Total: -
$1,812,000
RECYCLECURBSIDE -ORG 125 Rowell Ct Fatls Church, VA 22046
6. Distribution Provisions: The Partnership shall reimburse the Grantee for actual
allowable expenditures. Requests for reimbursement must be submitted only
after the Grantee has spent funds on the project. An allowable expenditure is
one associated with work performed to meet the project objectives outlined in
the Work Plan during the specific reporting period.
7. Invoices: The Grantee shall submit invoices to the Partnership care of Karen
Bandhauer at kbandhauer @recvclinepartnership.org at least quarterly. The final
invoice must be received by CVP within 45 days after the end of the Contract
period. The Grantee commits to conducting a pre -audit of all invoices /vouchers
presented to the Partnership by determining the validity and accuracy of
payment, payment due date and adequacy of documentation supporting
payment.
8. Contract Contacts: Programmatic contacts are outlined below.
Recycling Partnership Executive
Director
Recycling Partnership Project
Director
Grantee Key Personnel
Keefe Harrison
Karen Bandhauer
Skip Decker
Executive Director
Project Director
division Manager
Telephone: (864) 760 -8828
Telephone: (970) 682 -1662
Solid Waste Management
C0phone'.(650) 712 -1703
Cellphone:(970) 672 -7660
Telephone (540) 853 -6848
Email:
Email:
Email:
kharrison @recyclingpartnership.org
kbandhauer @recyclingpartnership.org
5kip.Decker @roanokevagov
9. Changes and Amendments: Any changes in the scope of the Contract that
increases or decreases the amount distributable to the Grantee are not effective
until approved in writing by the Executive Director of the Partnership. The
Contract may be amended in writing by the Parties.
10. Signature Warranty: Each of the undersigned represents and warrants that
he or she is authorized to bind his or her principal to the terms of this Contract.
City of Roanoke The Recycling Partnership, Inc.
Grantee's Signature Executive Director
P.ECYCLECURBSIDE. ORO 125 Rowell Ct Falls Church, VA 22046
Attachment A: Terms and Conditions
Termination: Either Party may terminate this Contract in writing with thirty days notice
to the other Party. In the event that the Contract is terminated, the Grantee will receive
a distribution from the Partnership equal to the total amount of actual allowable
expenditures incurred prior to termination.
Termination for Cause: If the Grantee fails to fulfill in a timely and proper manner the
obligations under this Contract, the Partnership may terminate this Contract by giving
written notice to the Grantee of such termination and specifying the reasons for
termination and the effective date. In such case, the Grantee is entitled to receive a
distribution from the Partnership equal to the total amount of actual allowable
expenditures incurred prior to termination.
Recycled Paper: The Grantee shall ensure that all publications produced as a result of
this Contract are printed double -sided on recycled paper.
Lobbying: The Grantee shall not use or appropriate any funds received from the
Partnership to carry on propaganda or otherwise attempt to influence legislation.
Compliance with Work Plan: The Grantee shall adhere to the timeline and objectives
details in the approved work plan and make sufficient progress toward that end.
Costs and Extensions
Retroactive Costs: Costs incurred before the Contract period are not eligible for
reimbursement unless permission is provided in writing by the Executive Director of the
Partnership.
Travel Expenses: All travel, lodging, and subsistence costs are included in the contract
total and no additional distributions will be made by the Partnership in excess of the
contract amount.
Extensions: No -cost time extensions are possible, but not guaranteed by the
Partnership. If the Grantee seeks a no -cost time extension, the Grantee shall submit a
written request for extension to the Executive Director of the Partnership at least 60-
days prior to the Contract end date.
RECYCLECURBSIDE. ORG 125 Rowell Ct Falls Church, VA 22046
Cart Suggested Best Practices
Collection Frequency: Communities must collect recyclables on a weekly or bi- weekly
basis. Collection frequency impacts cart size as follows:
- Weekly collection: minimum of 65+ gallon cart is required.
- Bi- Weekly collection: 95+ gallon cart size is required.
Cart Distribution: Carts must be distributed to residents free of change.
RFID (Radio Frequency Identification) Tags: RFID tags must be embedded in carts at the
time of manufacturing.
Working with CVP and /or CVP Contractor - Representative
The Grantee agrees to work with the Partnership and /or a contractor during the design,
implementation and monitoring of the program improvements during the Contract
period.
Material Collection: The Grantee shall work with the Partnership and /or a contractor
and its material recovery service provider to evaluate the current mix of materials
collected residentially and consider the inclusion of other materials as appropriate, in
curbside collection.
Press events: The Grantee agrees to participate in local press events related to The
Recycling Partnership, which may include, but is not limited to, press releases,
interviews, ribbon cupping ceremonies, etc.
Reporting
Reporting and Additional Post -Award Requirements: The Grantee shall comply with
reporting requirements, including:
• The Grantee shall deliver to the Partnership quarterly progress reports, via the
following template, through the end of the Contract period.
• The Grantee shall submit a draft final report to the Partnership at least 30 days prior
to the Contract end date and a final report is required to be submitted within 30
days of the Contract end date.
• The Partnership seeks to capture data that supports best practice delivery of carts,
education and outreach, and technical assistance in driving increased recovery rates.
RECYCLECURBSIDE ORG 125 Rowell Ct Palls Church, VA 22046
Therefore, if carts are distributed in the final quarter of the contract period, a three
quarter no -cost contract extension shall be exercised for metric reporting purposes
only.
• All reports shall be submitted electronically to the Partnership using the Re -Trac
reporting forms.
Attachment B: Work Plan
Contact Information
Skip Decker
Division Manager
Solid Waste Management
Telephone: (540) 853 -6848
Email: Skip.Deckerf@roanokeva.ROv
Project Description:
Transition from a dual stream, bin - based, bi weekly collection program to a single
stream, cart- based, commingled program. Provide carts to the 32,425 serviced
households through a vendor agreement. Support with effective education and
outreach via the Partnership's grant and technical assistance.
Measurement Plan:
A baseline will be developed to monitor progress. The baseline will be developed using
monthly tonnage data for the past 2 -3 years. The City of Roanoke commits to providing
the Partnership with monthly tonnage data for municipal solid waste, recyclables, and
green waste (if applicable). The City of Roanoke will also work with the Partnership and
its Material Recovery Facility to evaluate contamination rates of recovered materials.
Public Outreach Plan:
The City of Roanoke will work closely with the Partnership to develop and implement an
effective education and outreach campaign utilizing the Switch to Carts module and
contractor support.
Implementation Timeline:
- June 2015 - Marketing program begins
- August 2015 - Distribution of carts
- October 2015 - Program begins
RECYCLECURBSIDE. ORG 125 Rowell Ct Falts Church, VA 22046
Ri idvat
RECYCLECURBSIDE -ORG 125 Rowell Ct Falls Church, VA 22046
Local
Funding
State
Funding
Other
Funding
Recycling
Partnership
Funding
Total
RFID recycle
carts /delivery
$1,750,000
$1,750,000
RFID Readers
$22,800
$22,800
Four trucks
$32,000
$140,000
Education outreach
$30,000
$40,000
$70,000
$84,800
$1,750,001
$40,000
1 $1,982,800
RECYCLECURBSIDE -ORG 125 Rowell Ct Falls Church, VA 22046
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
`. Roanoke, Virginia 24011 -1536
Tde,hone: (540)853 -2541
Fax: (540)N53 -1145
S'IEPIIANIP. M.MOON REYNOLDS, MNIC E- il: c1e.k(fn'oamkeva'RO° JONATHAN Ii. CRAFT, CIVIC
City Clerk Deputy City Clerk
June 16, 2015 CECELIA T. WEBB, CMC
A.%shtaat Minty City Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40262 - 061515 amending and reordaining
Section 32 -93, Generally: termination of exemption Program, Division 5, Exemption of
Certain Rehabilitated Real Property Article 11, Real Estate Taxes Generally, Chapter 32,
Taxation, Code of the City of Roanoke (1979), as amended; Section 32- 101.20,
Generally; termination of exemption program, Division 5C. Partial Tax Exemption In
Redevelopment and Conservation Areas and Rehabilitation Districts, Article II, Real
Estate Taxes Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979), as
amended; Section 32- 101.26, Eligibility, Division 5C, Partial Tax Exemption In
Redevelopment and Conservation Areas and Rehabilitation Districts, Article II, Real
Estate Taxes Generally, Chapter 32, Taxation. Code of the City of Roanoke (1979), as
amended, to provide for certain real estate tax exemptions for rehabilitating property in
the City, effective July 1, 2015.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015, and is in full force and effect upon its
effective date.
Sincerely,
J rr
Stephanie M.Moon R nold =a
City Clerk
Enclosure
PC: The Honorable Evelyn W. Powers, City Treasurer
The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Municipal Code Corporation
June 16, 2015
Page 2
PC: 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
Phillip C. Schirmer, City Engineer
Christopher L. Chittum, Director, Planning, Building and Development
Susan Lower, Director, Real Estate Valuation
OE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40262- 061515.
AN ORDINANCE amending and reordaining Section 32 -93, Generally' termination of
exemption pro ram, Division 5. Exemption Of Certain Rehabilitated Real Pr�ertv, Article II,
Real Estate Taxes Generally, Chapter 32, Taxation, of the Code of the City of Roanoke, (1979),
as amended; Section 32- 101.20, Generally' tenpina5on of exemption rp oprani, Division 5C.
Partial Tax Exemption In Redevelopment and Conservation Areas and Rehabilitation Districts
Article E, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended; Section 32- 101.26, Eligibility, Division 5C. Partial Tax Exemption
In Redevelopment and Conservation Areas, and Rehabilitation Districts Article I1, Real Estate
Taxes Generally, of Chapter 32, Taxation; of the Code of the City of Roanoke (1979) as
amended, which provide for certain real estate tax exemptions for rehabilitating property in the
City; providing for an effective date; and dis(rensing with the second reading of this ordinance by
title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Chapter 32, Taxation, Article II, Real Estate Taxes Generally, Division 5.
Exemption Of Certain Rehabilitated Real Property, Section 32 -93, Generally, termination of
exemption pro rg am Code of the City of Roanoke (1979), as amended, is amended to read and
provide as follows:
Sec. 32 -93. - Generally; termination of exemption program.
(a) The director of real estate valuation shall, upon application made and
within the limits as hereinafter provided, order exemption of real property tax
K \Me, soresVCabe Amendment Chnpmr 32 T,xn6on N 1111A 6 2015 &,, 6 /11/15
on real property substantially rehabilitated for residential use and on real
property substantially rehabilitated for cony nercial or industrial use.
(b) This division shall terminate and no new applications for exemption
shall be accepted on and after July 1, 201320, unless reenacted. This provision
shall not affect applications filed before that date, or the continued eligibility
for exemption of properties approved before that date.
(e) As used in this Division, the term "substantial rehabilitation" shall
include the substantial rehabilitation, renovation, or replacement of real
property.
2. Chapter 32, Taxation Article 11, Real Estate Taxes Generally, Division 5C. Partial
Tax Exemption In Redevelopment and Conservation Areas and Rehabilitation Districts
Section 32- 101.20, Generally' termination of exemption program, and Section 32- 101.26,
Eligibility, Code of the City of Roanoke (1979), as amended, are amended to read and provide as
follows:
Sec. 32- 101.20. - Generally; termination of exemption program.
(a) The director of real estate valuation shall, upon application made and
within the limits as hereinafter provided, order the partial exemption from real
property tax of real property upon which new structures or other
improvements have been constructed within a redevelopment or conservation
area, or a rehabilitation district established in the city.
(b) This division shall terminate and no new applications for exemption
shall be accepted on and after July 1, 201320, unless reenacted. This provision
shall not affect applications filed before that date, or the continued eligibility
for exemption of properties approved before that date.
Sea 32- 101.26. – Eligibility.
(a) In order for the exemption for a property to continue in effect, such
property shall be maintained in compliance with the city's building code,
including the {3f�f;�- hetiana] --Pr�l v¢f— Virginia Maintenance Code, as
amended, and, if applicable, the requirements of the city's rental certificate of
compliance program, Section 7 -34 et seq., of this Code. If, after receiving
notice of a violation of this section, the owner of the property fails or refuses
K\Mn.... VCOde lvnendment Chopler 32 1 a,m " ro, ucheb 62015 d,n 6l11 /15
to complete the necessary corrections within the time required for such action,
or refuses city inspector's access to such property for the purpose of
determining continued eligibility under this section, then such eligibility shall
terminate.
(b) The improvements must be completed within two (2) years after the
date of the filing of the application for exemption.
(c) In order for the exemption for a property to continue in effect, or for an
owner to apply for such exemption, the owner thereof shall not be delinquent
in any real estate tax owed the city, and such exemption shall be void and of
no effect if such delinquency occurs.
(d) If a property which has qualified for exemption is damaged by fire or
act of God such that the remaining value of the property is less than its
original assessment before being rehabilitated, then the exemption shall cease.
3. This ordinance shall be in fill force and effect on and after Jvly 1, 2015,
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is dispensed with.
ATTEST:
City Clerk.
KWcon .VCOft Ame116ment Chaplee 32 for rehobfi21111,,, 6 /11/15
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Continuation of the Tax Exemption Program for the
Rehabilitation of Real Property and Update Reference to
Virginia Maintenance Code
Background:
On July 1, 2015, the City's program that allows partial tax exemptions on the
rehabilitation (rehab) of residential, commercial, and industrial real property will
expire. On June 1, 2015, City Council was briefed by the Director of Real Estate
Valuation, Susan Lower. She provided an overview of the program and
information on its use and positive impact over the past five years.
Considerations:
• An analysis of the City's current program was done by staff in conjunction
with the Commissioner of Revenue and City Treasurer's Offices.
• The City's program was benchmarked against those in other Virginia
localities.
• The analysis of the program and the benchmarking supported maintaining
the program as it currently exists.
• The following requirements should continue to be enforced:
• To apply for the rehab program, the property owner must be current
on all real estate taxes.
• To remain in the rehab program, taxes must be kept current.
• To remain in the rehab program, the property must comply with all of
the City's building, zoning, and nuisance codes.
In addition, in reviewing the current City Code, the City's Code Enforcement
Office recommended an amendment to Section 32- 101.26 to update the
reference to the Virginia Maintenance Code, and as it may be amended.
Recommended Action:
Adopt an ordinance that will amend and reordain Chapter 32, Taxation, Article
II, Real Estate Taxes Generally, Division 5. Exemption of Certain Rehabilitated
Real Property, Section 32 -93, Generally; termination of exemption program; and
Chapter 32, Taxation, Article II, Real Estate Taxes Generally, Division 5C. Partial
Tax Exemption In Redevelopment and Conservation Areas and Rehabilitation
Districts, Section 32- 101.20 Generally; termination of exemption program, and
Section 32- 101.26 Eligibility; of the Code of the City of Roanoke (1979), as
amended, to extend the expiration date of these programs to July 1, 2020, and
update a reference to the Virginia Maintenance Code.
--- 6 Lhoplhe�r P. Morrill
City Manager
Distribution: Council Appointed Officers
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Brian Townsend, Assistant City Manager for Community Development
Barbara Dameron, Director of Finance
Susan S. Lower, Director of Real Estate Valuation
' CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Si ite 456
Roanoke, Virginia 24011 -1536
'1 elO)hU Fir: (540) x53 -2541
Flu: (541)853 -1145
S'1 FPIIANIF. M. MOON REYNOLDS, MM(. I'Irllnil: elerk(mrnnnplmvagov
City Clerk
June 16, 2015
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
JONAI'IIAN E. CRAFr, CM('
Depnly City Clerk
('ECELIA T. WFIRR, CMC
As.sktant Deputy City C lei k
I am enclosing copy of Ordinance No. 40263 - 061515 amending and reordaining
Section 30 -14, Procedure for altering or vacating city streets or alleys' fees therefor
Article I, In General, Chapter 30, Streets and Sidewalks, Code of the City of Roanoke
(1979), as amended, to establish a flat fee for legal advertising and to delete the need
for applicants to provide certain information at the time of application.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015, and is in full force upon its passage.
Sincerely,
u1M��-
y - Q
Stephanie M. Moon Reyn —olds, MNIC
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
Phillip C. Schirmer, City Engineer
Christopher L. Chittum, Director, Planning, Building and Development
J'-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40263 - 061515.
AN ORDINANCE amending and reordaining Section 30 -14, Procedure for altering or
vacating city streets or allcvs�for; Article I, In General, Chapter 30, Streets and
Sidewalks, of the Code of the City of Roanoke (1979), as amended, to establish a flat fee for
legal advertising and to delete the need for applicants to provide certain information at the time
of application; providing for an effective date; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordamed to read and provide as follows:
Sec. 30 -14. Procedure for altering or vacating city streets or alleys; fees
therefor.
Streets and alleys in the city may be altered or vacated on motion of the city
council or on application of any poison, in accordance with section 152 -2006,
Code of Virginia (1950), as amended, as follows:
(2) A fee, in an anoint prescribed by city council, shall be charged by the city
for processing of all applications for the alteration or vacation of any street
or alley, which fee shall be in addition to all other expenses or costs,
including advertising costs and the cost of notifying affected property
owners. Fees for such application and advertising costs shall be as set
forth in the City of Roanoke's Fee Compendium as adopted by city
council. The fee shall be payable to the city clerd. The city clerk shall not
accept any application unless such fee is paid. No fee shall be charged
upon city council's own motion for the alteration or vacation of a street or
alley, or upon the application of any state, federal or local governmental
authority for the same.
.,d.9n,enAn,y code section -chp 30- 14.dO,
D,A 6.01.15
(3) Upon the filing ofan application for the alteration or vacation of a street or
alley, the city clerk shall immediately refer the same to the city planning
commission without further action of council. No viewers shall be
appointed, 4?very- fllipfcatian3 sl" inelade a -list f-the-.txx ad
addresses,' if krx l' wf- the frFell ofthe{rrcipe>gy -affe l
hi`a- proposed alteration 0i Vacatieaf of e ah.=ut Brad ley,
k K. I.
2. This ordinance shall be effective as of the date of its passage.
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 ��
.Id - chp D 14 d-
D,ati 6 .01 15
S'ITPI IAN It M. MOON It EYNOI.n S, MMC
i-ily Clerk
Barbara A. Dameron
Director of Finance
Roanoke, Virginia
Dear Ms. Dameron:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
1 e1eF1 .nnu: (540) X53-2541
Fax: (540)8531145
E nwil: cicrkLPeonnokevn6ov
June 16, 2015
JONA'I'IIAN L. ('RAFT, CMC
Dtvtiiv ('iffy Cki k
C'1 ',CELIA 1. WEB CM('
A,,kwn 1)e)aty Cit,v Clerk
I am attaching copy of Resolution No. 40264- 061515 amending the Fee Compendium
to establish a flat fee for legal advertisement of an application to alter or vacate a street
or alley, effective July 1, 2015.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
recessed meeting held on Monday, June 15, 2015.
Sincerely,
J^� %(sC
Stephanie M. Moon Rey ds, C
City Clerk
Enclosure
PC: Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director of Management and Budget
Phillip C. Schirmer, City Engineer
Christopher L. Chittum, Director, Planning, Building and Development
4 j� Vt5
I \1J
h,
IN'I'I IF C'OUNC'IL OI: -I'IIF CI'fy OP ROANOKB, VIRGINIA
The 15th day of June, 2015.
No. 40264 - 061515.
A RESOLUTION amending the Fee Compendium to establish a flat fee for legal
advertisement of an application to alter or vacate a street or alley; and establishing an effective
date.
BE If RESOLVED by the Council of the City of Roanoke that:
The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by City Council by Resolution No. 32412 - 032795, adopted March 27,
1995, effective as of that date, as since amended, shall be amended to reflect the addition of a
new fee of $250 for legal advertisement of an application to alter or vacate a street or alley.
2. Resolution No- 32412 - 032795 is hereby amended to the extent and only to the
extent of any inconsistency with this Resolution.
3. The fee established by this Resolution shall remain in effect until amended by this
Council.
4. This Resolution shall be in full force and effect on July 1, 2015.
R -Miend Pec Compendium - street wez...n 11, &c
ATTEST:
City o�
city clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Amendment to Section 30 -14, Procedure for Altering or
Vacating City Streets or Alleys; Fees Therefor, of the City Code,
and Amendment of the FY2016 Fee Compendium
Background:
The Department of Planning, Building, and Development (Department) is
making a number of adjustments to the procedures for applying for rezonings,
variances, special exceptions, appeals of the zoning administrator's decisions,
and vacations of a street or alley. The Department identified two procedural
improvements to the street and alley vacation process, both of which require
amendments to Sec. 30 -14 of the City Code and an amendment to the City's
Fee Compendium.
Certain land use actions require public hearings that must be advertised in a
newspaper of general circulation. Under the former process, each application
had a separate legal advertisement and the cost was billed directly to the
applicant. Staff has determined that bundling multiple legal ads together would
reduce costs to applicants by reducing the amount of repetitive text (e.g., date
and location of hearings).
Staff has reviewed these costs to determine an average cost for advertising and
established a reasonable fee that could be collected at the time of application
to cover the cost of a legal advertisement. The City would in turn make a single
payment directly to the Roanoke Times for all legal ads. This new system will
reduce administrative processing time as well as provide a predictable cost to
applicants.
An additional proposed change is to delete the requirement for the applicant to
provide an adjoining property owners list as part of any application for a street
or alley closure. Notice of an application for a street or alley closure will still be
provided to adjoining property owners, but the identity of all adjoining property
owners will be determined by the Department's staff.
Considerations:
Making the changes involves an amendment to Sec. 30 -14 to reference the Fee
Compendium as well as amending the Fee Compendium itself to establish a
legal advertising fee of $250 per advertisement.
Several years ago, the Department discontinued the requirement for applicants
to include a listing of adjoining property owners. The adjoining property
owners list is used to give required notice by mail. Even though the applicant
provided the information, staff would review, confirm, and recreate the
information to avoid any flaw in the legal notice. Therefore, there was no need
to ask the applicant to provide the list. While the change was made in the
application process, the requirement remains in the City Code and should be
deleted to reflect the current practice.
Recommendation:
Adopt the attached ordinance, amending Section 30 -14, Procedure for altering
or vacating city streets or alleY57 fees therefor, of the Code of the City of
Roanoke (1979), as amended.
Adopt the attached resolution, amending the City's Fee Compendium to
establish a fee of $250 for a legal advertisement for alteration or vacation of a
street or alley, effective July 1, 2015.
opher P. Morrill
City Manager
Distribution: Council Appointed Officers
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
Christopher Chittum, Director, Planning Building and Development
S I ITHANIE M. MOON REYNOLDS, MMC
City ('lerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Clmrch Avenue, S. W., Suitt, 456
Roanoke, Virginia 24011 -1536
'relephonc (541))853-541
Fax: (5411)X53 -1145
L-ge.0; elprk001mumkavu.8nr
June 16, 2015
.)ONAI'IIAN E. C'DAUT, CM('
Deputy ('ilv Clerk
CECELIA T. WEOD, CMC
Assislppt Deputy City Clerk
I am enclosing copy of Ordinance No. 40265- 061515 authorizing the adoption of
Amendment No. I to the Workforce Investment Area III Chief Local Elected Officials
Charter Agreement to amend and confirm the Workforce Investment Area III Chief Local
Officials Charter Agreement (Charter Agreement), as amended; authorizing the Mayor
to execute such Amendment No. 1 to the Charter; and authorizing such city officials to
execute such other documents and take such other actions to effectuate such
Amendment No. 1 to the Charter Agreement.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015, and is in full force upon its passage.
lj�Sincerely, n /�
rn. Dort C�uj�A► e J
Stephanie M. Moon Reynolds, MM
City Clerk
Enclosure
PC: J. B. Broughman, City Manager, City of Covington, 333 West Locust Street,
Covington, Virginia 24426
Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem,
Virginia 24153
John R. Strutner, County Administrator, Allegheny County, 9212 Winterberry
Avenue, Covington, Virginia 24426
Christopher P. Morrill
City Manager
June 16, 2015
Page 2
Pc: Thomas C. Gates, County Administrator, Roanoke County, 5204 Bernard Drive,
Roanoke, S. W., Virginia 24018
Richard E. Huff, II, County Administrator, Franklin County, 255 Franklin Street,
Suite 112, Rocky Mount, Virginia 24151
B. Clayton Goodman, III, County Administrator, Craig County, P. O. Box 308,
New Castle Virginia 24127
Daniel J. Callaghan, City Attorney
Jane Conlin, Director, Human /Social Services
IN THE COUNCIL OF THE CfrY OF ROANOKE', VIRGINIA
O� The 15th day of June, 2015.
No. 40265- 061515.
AN ORDINANCE authorizing the adoption of Amendment No. I to the Workforce
Investment Area Ill Chief Local Elected Officials Charter Agreement to amend and confine the
Workforce Investment Area III Chief Local Officials Charter Agreement (Charter Agreement),
as amended; authorizing the Mayor to execute such Amendment No. I to the Charter;
authorizing such city officials to execute such other documents and take such other actions to
effectuate such Amendment No. 1 to the Charter Agreement; and dispensing with the second
reading of this ordinance by title.
WHEREAS, the Cities of Covington, Roanoke, and Salem, and the Counties of
Alleghany, Botetourt, Craig, Franklin, and Roanoke agreed to create a consortiwn to work
together in accordance with the provisions of the federal Workforce Investment Act within the
Western Virginia Workforce Development Area III;
WHEREAS, City Council authorized the Mayor of the City of Roanoke to execute the
Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated July 21,
2003 (Charter Agreement), by Resolution No. 36435 -072103, adopted July 21, 2003;
WHEREAS, the Mayors of the Cities of Covington, Roanoke and Salem, and the
Chairmen of the Board of Supervisors of the Counties of Alleghany, Botetourt, Craig, Franklin,
and Roanoke (collectively, the Member Jurisdictions) executed the Charter Agreement;
WHEREAS, the Member Jurisdictions desire to amend the Charter Agreement to
improve the operations and implementation of the Workfncc Development Plan, acknowledge,
confine, and agree that the Charter Agreement is an exercise of joint powers as permitted by
Section 15.2 -1300, at sec. Code of Virginia (1950), as amended, and address changes that may
O- Amendnicnt Na_ 1- WO11`1o111 Lrvesm,'nA Aiw In CLEO Chaver Agrennent6 15 -15
be required as the result of the Workforce InnevctiOn and Opportunity Act of 2014 (29 U.S.C. ass'
3011, et seg.), all as more specillcaI I set forth in the City Council Agenda Report dated June 15,
2015; and
WHEREAS, Section 13 of the Charter Agreement allows for amendments to the Charter
Agreement with the concurrence of the governing bodies of [he Momber Jurisdictions.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
City Council concurs with amending tite Charter Agreement by adoption of
Amendment No. 1. The form of Amendment No. I to the Charter Agreement, a copy of which
Amendment No. I is attached to the City Council Agenda Report dated June 15, 2015, is
approved, and the Mayor of the City of Roanoke is hereby authorized to execute Amendment
No. 1 to the Charter Agreement, in a form substantially similar to Amendment No. I attached to
such City Council Agenda Report, the form to be approved by the City Attorney.
2. The Mayor and the City Manager are hereby severally authorized to execute any
other requisite documents related to Amendment No. 1 to the Charter Agreement, upon form
approved by the City Attorney, as more particularly set forth in the City Council Agenda Report
dated June 15, 2015.
3. The Charter Agreement, as authorized and approved by Resolution No. 36435-
072103, and as amended by Amendment No. 1, is ratified, reaffirmed, confirmed, and approved.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
��C1itylClerkk����
aanend,nI m No. I- workforce Investment ( 1e III CEO Chore Ag.,.... i 6 -15 -15
�p4
U�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June IS, 2015
Subject: Amendment No. 1 to the Workforce Investment Area III Chief
Local Elected Officials (CLEO) Charter Agreement
Background:
The Workforce Investment Area III Chief Elected Officials (CLEO) Consortium was
formed by a Charter Agreement (Agreement) in 2003 between and among the
counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of
Covington, Salem and Roanoke. The Consortium agreed to work cooperatively
to promote programs to support employment opportunities within the region.
The Agreement was developed in a manner consistent with the provisions of
the Workforce Investment Act (WIA) and identified the role of the CLEO, such as
appointing the members of the Western Virginia Workforce Development Board
(WDB) and designating a Grant Recipient and Fiscal Agent for WIA funds.
Considerations:
In July, 2014, the United States Congress enacted the Workforce Innovation and
Opportunity Act (WIOA) which repealed and replaced the WIA. In light of this
change and a proposed partnership between the WDB and the Roanoke Valley -
Alleghany Regional Commission (RVARC), the CLEO voted to amend its Charter
Agreement at its April 30, 2015 meeting. Amendment No. 1 updates the
Agreement to be consistent with the provisions of WIOA, redesignates the City
of Roanoke as the Consortium Grant Recipient on behalf of Area III local
government members, and designates the initial Fiscal Agent to be the RVARC.
These overall changes were made to provide greater organizational and fiscal
capacity to support the mission of the WDB. It should also result in better
coordination of economic and workforce development efforts, and create a
stronger focus on serving the needs of key industry sectors.
Furthermore, Amendment No. 1 confirms that the Charter Agreement is an
exercise of joint powers permitted by Section 15.2 -1300 of the Code of
Virginia, 1950, as amended, which provides the member jurisdictions more
options to cooperatively address workforce development in the future. A copy
of the proposed Amendment No 1 is attached to this report for City Council's
review and information.
Recommended Action:
Adopt an Ordinance approving Amendment No. 1 to the CLEO Charter
Agreement, ratifying, reaffirming, confirming, and approving the creation of the
CLEO Charter Agreement, as amended by Amendment No. 1; authorizing the
Mayor to execute the Amendment No. 1 between and among the member
jurisdictions comprising Workforce Investment Area III, in a form substantially
similar as attached to this report, such Amendment No. 1 to be approved as to
form by the City Attorney; and authorizing the Mayor and the City Manager to
execute such other documents related to Amendment No. 1, in a form
approved by the City Attorney.
C
City Manager
Attachment: Amendment No. 1
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human /Social Services
Jake Gilmer, Acting Director, Workforce Development Board
DRAFT:05.14.2015
AMENDMENT NO. I
TO
WORKFORCE INVESTMENT AREA III
CHIEF LOCAL ELECTED OFFICIALS
This Amendment No. I to the Workforce Investment Area III Chief Local Elected
Officials Charter Agreement is made this ` day of , 2015, by and among City of
Covington, the City of Roanoke, the City of Salem, and the County of Alleghany, the County of
Botetourt, the County of Craig, the County of Franklin, and the County of Roanoke (the
"Member Jurisdictions ").
RECITALS
A. The Member Jurisdictions, via action through their respective mayors and
chairmen of the board of supervisors, formed the Workforce Investment Area III Chief Local
Elected Officials Consortium (the "Consortium ") by the execution of the Workforce Investment
Area III Chief Local Elected Officials Charter Agreement dated July 21, 2003 (the "Charter
Agreement ").
B. pursuant to the terms of the Charter Agreement, the Consortium agreed to work
cooperatively to promote programs to support employment opportunities within Workforce
Development Area III, as designated by the Commonwealth of Virginia ("Area 111 "), in a manner
consistent with the provisions of the Workforce Investment Act, 29 U.S.C. §§ 2801, et sec.
( "WIA ") and the rules and regulations promulgated by the United States Department of Labor
(the "Department ").
C. In July 2014, the United States Congress enacted the Workforce Innovation and
Opportunity Act, 29 U.S.C. §§ 3 10 1, et seq. ( "WIOA ") that repealed and replaced WIA.
DRAFT:05.14.2015
D. Pursuant to Section 13 of the Charter Agreement, the Member Jurisdictions may
amend the Charter Agreement with the authorization and concurrence of the governing bodies of
each of the Member Jurisdictions.
E. The Member Jurisdictions have the authority to enter into joint agreements
pursuant to Section 15.2 -1300, Code of Virginia (1950), as amended, and the Charter
Agreement constitutes an agreement for the joint exercise of powers by participating political
subdivisions of the Commonwealth of Virginia.
F. Based upon a review of the Charter Agreement, and the recent enactment of
WIOA, the Member Jurisdictions desire to amend the Charter Agreement in accordance with this
Amendment No. 1 to Workforce Investment Area III Chief Local Elected Officials Charter
Agreement ( "Amendment No. I").
G. The governing body of each of the Member Jurisdictions has adopted an
ordinance approving of, and concurring with this Amendment No. 1, and has authorized its
respective mayor or chairman of its board of supervisors to execute this Amendment No. 1.
NOW, THEREFORE, based on the recitals set forth above, which recitals are a material
part of this Amendment No. I, and for other good and valuable consideration, the Member
Jurisdictions agree and hereby amend the Charter Agreement as follows:
1. Amendment to Purpose of the Aureemenl.
The preamble section of the Charier Agreement entitled "PURPOSE OF THE
AGREEMENT' is amended to provide at the end of the section as follows:
The Consortium acknowledges the enactment of the Workforce Investment and
Opportunity Act of 2014, 29 U.S.C. §§ 3101, et sett. ( "WIOA") and agrees that the
Consortium, in cooperation with the WDB, a Virginia non -stock corporation, will operate
in accordance with the provisions of the WIOA and the regulations and rules
1)
DRAFT:05.14.2015
promulgated and adopted by the United States Department of Labor to insure success of
the programs operated under the W IOA comply with all applicable federal and state laws,
rules, regulations, and guidelines, and with the terms of the local plan developed for Area
III.
The Member Jurisdictions, through the CLEO, acknowledge, affirm, and agree that the
Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated
July 21, 2003, as amended, constitutes an agreement authorized by Section 15.2 -1300,
Code of Virginia (1950), as amended, for the joint exercise of powers by participating
political subdivisions of the Commonwealth of Virginia.
2. Amend Section 8 of the Charter Agreement by deleting Section 8 in its entirety and
replacing Section 8 with the following:
SECTION 8 Administration.
8.1 Grant Recipient.
The Consortium designates from its membership the local government jurisdiction of the
City of Roanoke as the grant recipient for all grants funds appropriated to the Consortium
for Area III pursuant to the Act of the WIOA. The City shall ensure compliance with the
terms and conditions of such grants.
8.2 Fiscal Aeent.
In order to facilitate and expedite the implementation and operation of the workforce
development plan for Area III, the Consortium appoints the Roanoke Valley- Alleghany
Regional Commission as the initial fiscal agent for the Consortium and WDB. The
Consortium, with the advice and consent of the WDB and the Member Jurisdiction
designated as the grant recipient, shalt appoint any future fiscal agent pursuant to this
Section 8.2.
3
DRAFT:05.14.2015
The terms, conditions, duties, and responsibilities of fiscal agent shall be set forth in an
agreement among the Consortium, WDB, the grant recipient designated by the Consortium, and
the party designated by the Consortium as fiscal agent.
3. Amend the Charter Agreement by adding a new Section 14 to follow Section 13 and to
read and provide as follows:
SECTION 14. Changes in the Acf.
The Member Jurisdictions acknowledge and agree that the WIOA repeals and replaces
the Act. For purposes of this Charter Agreement, the Member Jurisdictions agree that references
to "the Act" or sections of "the Act," and regulations and rules adopted pursuant thereto,
contained in this Charter Agreement shall hereafter include or refer to the WIOA, relevant and
corresponding sections of the WIOA, and the rules, regulations, and guidelines adopted pursuant
to the WIOA, as they currently exist or may be amended.
4. Effect.
Except as amended by this Amendment No. 1, the Charter Agreement remains in full
force and effect in accordance with its original terms. The Member Jurisdictions acknowledge,
agree, and ratify that the Charter Agreement, as amended by this Amendment No. 1, constitutes
the entire charter for the establishment of the Consortium. Capitalized terms not defined in this
Amendment No. I shall have the meaning ascribed to such terms as set forth in the Charter
Agreement. This Amendment No. I shall take effect as of the latest date on which the governing
bodies of the Member Jurisdictions have approved and concurred to this Amendment No. 1.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
4
DRAFT:05.14.2015
IN WITNESS WHEREOF, the chief local elected officials of the respective Member
Jurisdictions have executed this Amendment No.l on behalf of their respective Member
Jurisdictions.
2015
Title: Mayor, City of Covington, Virginia
Date: 2015
Name: David A. Bowers
Title: Mayor, City of Roanoke, Virginia
2015
Name:
Title: Mayor, City of Salem, Virginia
2015
Name:
Title: Chairman, Board of Supervisors
County of Alleghany, Virginia
2015
Title: Chairman, Board of Supervisors
County of Botetourt, Virginia
Date: , 2015
Title: Chairman, Board of Supervisors
County of Craig, Virginia
Date: .2015
Name:
Title: Chairman, Board of Supervisors
County of Franklin, Virginia
2015
Name:
Title: Chairman, Board of Supervisors
County of Roanoke, Virginia
5
DRAFT:05.14.2015
APPROVED AS TO FORM:
Date:
, 2015
Name:
City of Covington Alleghany, Virginia
Date:
, 2015
Name:
Daniel J. Callaghan, City Attorney
City of Roanoke, Virginia
Date:
2015
Name:
Steven Yost, City Attorney
City of Salem, Virginia
Date:
, 2015
Name:
_
County of Alleghany, Virginia
Date:
12015
Name:
County of Botetourt, Virginia
Date:
, 2015
Name:
County of Craig, Virginia
Date:
, 2015
Name:
County of Franklin, Virginia
Date:
, 2015
Name:
Paul Mahoney, County Attorney
County of Roanoke, Virginia
%'I'EPII AN I M. MOON REYNOLDS, MM('
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., SIOte 456
RDnnoke,Virginiu 24011 -1536
'1'O,Wne: (5411)85,3 -2541
Fax: (541))853 -1145
E -n.& elm'k!mrnanuhevn.gnv
June 16, 2015
Glenn DuBois, Chancellor
Virginia Community College System
300 Arboretum Place, Suite 200
Richmond, Virginia 23236
Dear Mr. DuBois:
JON At IAN I'- ('MAGI', CM('
Depay City Clerk
CE('GIAA I. WHIR, [MC
Assistant Deputy City Clel k
I am attaching copy of Resolution No. 40266 - 061515 authorizing the City Manager to
execute the Workforce Innovation and Opportunity Act (WIOA) Title I Grant Award
Agreement, by and between the Virginia Community College System and the City of
Roanoke, and authorizing execution of any required documentation on behalf of the
City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
recessed meeting held on Monday, June 15, 2015.
Sincerely,�.�, Vn-l(�lF/GJ.�\ ®t/
Stephanie M. Moon R olds, 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 of Management and Budget
Simone K. Knowles, Manager, Purchasing Division
OJL
IN TI I COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of Jmie, 2015.
No. 40266- 061515.
A RESOLUTION authorizing the City Manager to cxccutc the Workforce
Innovation and Opportunity Act (WIOA) Title 1 Grant Award Agreement, by and
between the Virginia Community College System and the City of Roanoke, and
authorizing execution of any required documentation on behalf of the City.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to execute the Workforce
Innovation and Opportunity Act (WIOA) Title I Grant Award Agreement, by and
between the Virginia Community College System and the City of Roanoke, which
governs the role and responsibility of the City as the grant recipient of WOIA finding to
Area III localities, and provides the framework for the acceptance and disposition of
fiords during the Agreement tenn, beginning July 1, 2015, and ending on June 30, 2016,
as more filly described in the City Council Agenda Report dated June 15, 2015.
2. Further, the City Manager is hereby authorized to execute and file, on
behalf of the City, any documents in a form approved by the City Attorney.
ATTEST: �y,,� `/��(1,_-., �Q
City Cleric ` /U�
to Ands City Mu11,91l Wclkfo,ce Inowmlon & o,,lu'lily Act nIf, I Gairt Awmd Agmement6 15.15
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Workforce Innovation and Opportunity Act Title 1 Grant Award
Agreement
Background:
The City of Roanoke is the grant recipient for Workforce Innovation and
Opportunity Act (WIOA) funding, thus, City Council must acknowledge and
receive the funding for all grants and other monies received in order for the
Western Virginia Workforce Development Board, Inc. (WDB) to administer WIOA
programs. The WDB administers the federally funded WIOA for Area 3, which
encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke,
and the cities of Covington, Salem and Roanoke. The WDB works with the
Workforce Investment Area 3 Chief Local Elected Officials Consortium
(Consortium) established by the localities in the region identified above. The
Roanoke Valley - Alleghany Regional Commission will be the initial appointee to
serve as the fiscal agent for the WDB and the Consortium.
WIOA funding is for four primary client populations:
• Dislocated workers who have been laid off from employment through no
fault of their own;
• Economically disadvantaged individuals as determined by household
income guidelines defined by the US Department of Labor;
• Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and,
• Businesses in need of employment and job training services.
Attached is the Workforce Innovation and Opportunity Act (WIOA) Title 1 Grant
Agreement between the Virginia Community College System and the City of
Roanoke that must be executed prior to July 1, 2015 in order to ensure the
continuation of funding for the WIOA programs. The proposed Agreement
outlines the roles and responsibilities of the City as the grant recipient, and
provides the framework for the acceptance and disposition of funds during the
Agreement term. The Agreement is for a one year term beginning July 1, 2015
and ending on June 30, 2016. This proposed Agreement replaces a similar
agreement between the parties which expires on June 30, 2015.
Considerations:
• Program Operations and existing activities as outlined above will
continue. This Agreement is similar in form and content to agreements
which have been previously executed by the City as the grant recipient of
WIOA funds on behalf of those localities comprising Area 3.
• Funds are made available for programs from the Grantor agency and
other sources, at no additional cost to the City.
Recommended Action:
Authorize the City Manager to execute the WIOA Title 1 Grant Award Agreement
between the Virginia Community College System and the City of Roanoke on
behalf of the Western Virginia Workforce Development Board, Inc. in a form
substantially similar to that which is attached to this report, such Agreement to
be approved as to form by the City Attorney.
- - - - -- -- - P - -------
------
C C ' pher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human /Social Services
WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
TITLE I GRANT AWARD AGREEMENT
BETWEEN
THE VIRGINIA COMMUNITY COLLEGE SYSTEM
AND
LOCAL WORKFORCE DEVELOPMENT AREA 3
This Agreement is entered into by and between the Virginia Community College
System (hereinafter referred to as the VCCS), and City of Roanoke, the Local
Workforce Development Area Grant Recipient (hereinafter referred to as LWDAGR)
pursuant to the Chief Local Elected Officials Consortium Agreement, on behalf of the
Western Virginia Workforce Development Area (hereinafter referred to as LWDA).
The Agreement applies to WIOA Title I funds that are allocated by the VCCS to the
LWDAGR for use by the LWDA. This Agreement is effective July 1, 2015 through June
30, 2016 in accordance with Section II and supersedes all other agreements for WIA
Title I funds allocated by the VCCS.
SECTIONI - PROGRAM PURPOSE
Title I Workforce Development System
WIOA Title I funds are allocated to the LWDAGR for the purpose of improving job
and career options for our nation's workers and jobseekers through an integrated, job -
driven public workforce system that links diverse talent to businesses. The three key
pillars of this system are:
• One -Stop career centers that provide first -rate customer service to jobseekers,
workers, and businesses.
• The demands of businesses and workers drive workforce solutions.
• The workforce system supports strong regional economies where businesses
thrive and people want to live and work.
Adult and Dislocated Worker Employment and Training Activities
Funding for Adult and Dislocated Worker employment and training activities shall
be made in accordance with the Local Plan developed by the Western Virginia Local
Workforce Development Board (hereinafter referred to as LWDB) in partnership with the
(Consortium of) Chief Local Elected Officials (hereinafter referred to as CLEOs) and
submitted to the Governor. The Local Plan has been reviewed and approved in
accordance with applicable provisions of the Workforce Investment Act (WIA). For and
in consideration of the mutual covenants hereinafter set forth, the VCCS and the
LWDAGR agree as follows:
A. Adult Employment and Training Activities
From funds made available to the Governor of Virginia pursuant to Section 132 of
the WIOA, funds shall be allocated to the LWDAGR in accordance with the
provisions of Section 133(b)(1 KA). The funds will be made available through the
issuance of a VCCS WIOA Notice of Obligation (hereinafter referred to as NOO).
In accordance with the approved Local Plan and Section 134(b) of the WIOA, the
LWDA will ensure the provision of local employment and training activities to
prepare adults for participation in the labor force.
B. Dislocated Worker Employment and Training Activities
From funds made available to the Governor of Virginia pursuant to Section 131 of
the WIOA, funds shall be allocated to the LWDAGR in accordance with the
provisions of Section 133(b)(1 XB). The funds will be made available through the
issuance of a VCCS WIOA NOD.
In accordance with the approved Local Plan and Section 134(b) of the WIOA, the
LWDA will ensure the provision of local employment and training activities to
prepare dislocated workers to return to the labor force.
C. One -Stop Delivery System
The LWDB shall, in accordance with Section 121 of the WIOA
1. Develop and enter into the memorandum of understanding described in
Section 121(c) with one -slop partners;
2. Designate or certify one -stop operators under Section 121 (d); and
3. Conduct oversight with respect to the one -slop delivery system in the LWDA.
4. Adult and Dislocated Worker funds shall be used by the LWDA to contribute
to the costs of the LWDKs one -stop delivery system as described in Sections
121(h) and 134(c) of the WIOA.
D. Minimum Level of Fiscal Support for Training
In accordance with §§ 2.2- 2472.2 at seq. of the Code of Virginia, the LWDB shall
allocate a minimum of 40 percent of WIOA Adult and Dislocated Worker funds to
training services as defined under § 134(cx3XD) of the WIOA that lead to
recognized postsecondary education and workforce credentials aligned with in-
demand industry sectors or occupations in the local area or region. Failure by the
LWDB to meet the required training expenditure percentage requirement shall
result in sanctions, to increase in severity for each year of noncompliance.
2. Youth Employment and Training Activities
From funds made available to the Governor of Virginia pursuant to Section 126 of
the WIOA, funds shall be allocated to the LWDA in accordance with the provisions of
2
Page
Section 128(b)(1) The funds will be made available through the issuance of a VCCS
WIOA NOD.
In accordance with the Local Plan and Section 129 parts (a) and (c) of the WIOA,
the LWDA will ensure that a series of comprehensive youth services are available to
serve eligible youth seeking assistance in achieving academic and employment
success.
SECTION II - SPECIAL TERMS
Default on Terms of Agreement
Should the agreement permitted by Section 107 (d)(12)(BXi) of the WIOA, or any
subsidiary agreement among and between the LWDB and the CLEOs be terminated, or
there be a claim made of default thereon by any party to the agreement or any
subsidiary agreement, then the LWDB Chair or CLEO, as designated in Section 101(6)
of the WIOA, shall give written notice of the particulars thereof to the Chancellor of the
VCCS. In such event, the VCCS shall have the right to withhold further funding under
this Agreement or terminate this Agreement upon such notice as may be reasonable
under the circumstances, not in lieu of but in addition to any other remedy available
under law if such action is deemed reasonably necessary by the VCCS to carry out its
duty under the WIOA and the laws of the Commonwealth of Virginia.
2. Termination for Cause
If, through any cause, the LWDAGR fails to fulfill in a timely and proper manner
its obligations under this Agreement, or if the LWDAGR violates any of the covenants,
agreements, or stipulations of this Agreement, the VCCS shall thereupon have the right
to terminate this Agreement.
In such event, the VCCS shall give written notice to the LWDAGR and the
LWDB, specifying the effective date of termination. Written notice shall be given at least
thirty (30) days before the effective date of termination. All finished or unfinished
documents, data, studies, surveys, and reports prepared under this Agreement shall, at
the option of the VCCS, become its property, and upon the exercise of such option shall
be delivered by the LWDAGR to the VCCS. In the event of termination, the LWDAGR
remains responsible for compliance with the closeout and post - doseout requirements of
OMB 2 CFR Chapter II, Part 200, et al. Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards- Subpart D -Post Federal Award
Requirements Standards for Financial Management. The LWDAGR and/or LWDB shall
be entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder.
Notwithstanding the above, the LWDAGR shall not be relieved of liability to the
Commonwealth of Virginia or the VCCS for damages sustained by the VCCS, which
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result from any breach of this Agreement by the LWDAGR or LWDB. The VCCS may
withhold payments to the LWDAGR until the exact amount of damages due to the
VCCS from the LWDAGR is determined, and thereafter until all amounts due have been
paid.
3. Discretionary Termination
The LWDAGR's performance under this Agreement may be terminated in whole
or in part by the VCCS whenever the VCCS determines that such termination or
suspension is in the best interest of the Commonwealth of Virginia. Termination of work
hereunder shall be effected in writing by delivery to the LWDAGR of a Notice of
Termination specifying the extent to which performance of work under the Agreement is
terminated and the date upon which such termination becomes effective. Notice of
termination shall be given at least thirty (30) days before the effective date of
termination and may be served upon the LWDAGR and the surety by mail or any other
electronic means. Delivery of the notice of termination shall be to any officer or
management/supervisory employee of either the LWDAGR or the surety. If no such
officer or employee is known or can be found by reasonable inquiry within three (3)
business days, the written notice of termination can be posted at the last known
address. Failure to accept or pick up registered or certified mail addressed to the last
known address shall be deemed to be delivery. In no instances shall termination for
convenience be effective less than ten (10) business days after the receipt of a certified
notice thereof.
After receipt of the Notice of Termination, the LWDAGR shall cancel outstanding
commitments covering procurement or rental of materials, supplies, equipment, and
miscellaneous items. In addition, the LWDAGR shall exercise all reasonable diligence
to accomplish the cancellation of any outstanding commitments covering personal
services that extend beyond the date of such termination to the extent that they relate to
the performance of any work terminated by the notice of termination. With respect to
such canceled commitments the LWDAGR agrees to:
A. Ensure all commitments contain a cancellation clause allowing for
termination for cause and fund availability;
B. Settle all outstanding liabilities and all such claims arising out of such
cancellation of commitments, or ratify all such settlements; and
C. Assign to the VCCS in the matter, at the time and to the extent directed by
the VCCS, all of the rights, titles and interest of the LWDAGR under the
orders and contracts so terminated. The VCCS shall have the right, at its
discretion, to settle or pay any or all claims arising out of the termination of
such orders and contracts.
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SECTION III - GENERAL TERMS AND CONDITIONS
Availability of Funds
This Agreement is made subject to the availability of WIOA funds and the
allocation thereof by the VCCS. The VCCS shall exert its best efforts to provide the
LWDA with timely notice of changes in funding levels produced at the federal level or
required by circumstances affecting state allocations.
2. Accountability for Funds
A. The LWDAGR agrees to receive, administer, disburse and account for the
said funds and such property as may be acquired therewith or otherwise be
placed under its control in accordance with the terms of the WIOA, direction
of the United States Department of Labor (hereinafter referred to as USDOL),
or direction of the VCCS. The LWDA agrees to perform the related duties
imposed upon it by the WIOA, by the regulations of the USDOL as the same
may presently exist or hereafter be amended or enlarged and by duly
authorized waivers approved by the USDOL during the period of this
Agreement. In accordance with provisions of the WIOA and attendant federal
and state regulations, policy, and guidance, by receipt of said funds, the
LWDAGR shall be held accountable and liable to the VCCS and USDOL for
activities of the LW DB and its subrecipients. The source of any required
repayment resulting from disallowance of cost determinations outlined in
Section 8 below shall not be federal and /or state funds.
B. All obligations and agreements herein of the LWDA shall be binding upon the
LWDAGR, whether or not such obligation or agreement is enforceable
against the LWDA. Any failure to comply with any such obligation or
agreement shall be construed as a default or breach under this Agreement,
and in such event the VCCS shall have all the rights and remedies herein
described, notwithstanding that the LWDA may not be a party to this
Agreement.
3. Interpretation of Legal Obligation
Pursuant to the agreement between the U.S. Secretary of Labor and the
Governor of Virginia, the VCCS reserves the right to Interpret the requirements of the
WIOA and all implementing regulations consistent with the terms thereof that by this
Agreement are applicable to the LWDA. Such interpretations shall be specifically
identified as 'WIOA Policies and Procedures" and are accessible through the Elevate
Virginia website at elevatevirginia.org. The parties shall apply and abide by the WIOA
and the policy interpretations issued by the VCCS, as well as all such federal
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interpretations issued during the term of this Agreement. The VCCS may review these
or any subsequent WIOA interpretation at its own discretion or upon the request of any
interested party.
4. Performance Accountability Measures
The LWDA level of performance based on the State adjusted levels of
performance shall be negotiated and agreed to by the LW DB, the CLEO, and the
Governor of Virginia, as described in Section 116(c) of the WIOA.
Internal Organization
The VCCS recognizes the right of the LWDA to make provision among and
between the CEOs, the LWDS, and LWDAGR, or fiscal agent, for the division of duties
and avoidance of conflict of interest in performing tasks requisite for the proper
performance of this Agreement, subject to the provisions of the WIOA and attendant
federal and state regulations. The LWDAGR agrees that it shall not, by act of
commission or omission, do or fail to do any act that would hinder, frustrate, or delay the
performance of this Agreement or any act or duty required hereby.
6. Nonassignability
This Agreement shall not be assignable, in whole or part, by the LWDAGR
without the prior written consent of the VCCS; provided, however, that contractors
providing intensive services for adults or dislocated workers in accordance with Section
134(d)(3)(Bxii) of the WIOA, providers of training services in accordance with Section
134(d)(4XG)(ii) of the WIOA, and contractors providing youth activities under Section
123 of the WIOA may be engaged by the LWDB to provide such services or activities to
eligible WIOA participants. In the exercise of the discretion afforded by this provision,
the LWDA shall ensure that all purchases comply with federal and state procurement
laws and requirements as may be applicable. Whenever the word "contractor" appears
In the succeeding provisions of this Agreement, it shall mean such contractors as are
permitted by the terms of this Paragraph 6. Any such contract shall be conditioned to
secure the benefits of the succeeding provisions to the LWDA and the VCCS.
Audit
The LWDAGR shall procure an annual, organization -wide financial and
compliance audit in accordance with the requirements of the Single Audit Act of 1984
and Office of Management and Budget (hereinafter referred to as OMB) 2 CFR Chapter
It., Part 200, at al. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Award- Subpart F- Audit Requirements. All funds covered by
this Agreement and received by the LWDAGR on behalf of the LWDA shall be included
in the scope of the LWDAGR's Single Audit. Accordingly, all funds received must be
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SECTION III - GENERAL TERMS AND CONDITIONS
Availability of Funds
This Agreement is made subject to the availability of WIOA funds and the
allocation thereof by the VCCS. The VCCS shall exert its best efforts to provide the
LWDA with timely notice of changes in funding levels produced at the federal level or
required by circumstances affecting state allocations.
2. Accountability for Funds
A. The LWDAGR agrees to receive, administer, disburse and account for the
said funds and such property as may be acquired therewith or otherwise be
placed under its control in accordance with the terms of the WIOA, direction
of the United States Department of Labor (hereinafter referred to as USDOL),
or direction of the VCCS. The LWDA agrees to perform the related duties
imposed upon it by the WIOA, by the regulations of the USDOL as the same
may presently exist or hereafter be amended or enlarged and by duly
authorized waivers approved by the USDOL during the period of this
Agreement. In accordance with provisions of the WIOA and attendant federal
and state regulations, policy, and guidance, by receipt of said funds, the
LWDAGR shall be held accountable and liable to the VCCS and USDOL for
activities of the LW DB and its subrecipients. The source of any required
repayment resulting from disallowance of cost determinations outlined in
Section 8 below shall not be federal and /or state funds.
B. All obligations and agreements herein of the LWDA shall be binding upon the
LWDAGR, whether or not such obligation or agreement is enforceable
against the LWDA. Any failure to comply with any such obligation or
agreement shall be construed as a default or breach under this Agreement,
and in such event the VCCS shall have all the rights and remedies herein
described, notwithstanding that the LWDA may not be a party to this
Agreement.
3. Interpretation of Legal Obligation
Pursuant to the agreement between the U.S. Secretary of Labor and the
Governor of Virginia, the VCCS reserves the right to interpret the requirements of the
WIOA and all implementing regulations consistent with the terms thereof that by this
Agreement are applicable to the LWDA. Such interpretations shall be specifically
identified as "WIOA Policies and Procedures" and are accessible through the Elevate
Virginia website at elevatevirginia.org. The parties shall apply and abide by the WIOA
and the policy interpretations issued by the VCCS, as well as all such federal
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interpretations issued during the term of this Agreement. The VCCS may review these
or any subsequent WIOA interpretation at its own discretion or upon the request of any
Interested party.
4. Performance Accountability Measures
The LWDA level of performance based on the State adjusted levels of
performance shall be negotiated and agreed to by the LWOB, the CLEO, and the
Governor of Virginia, as described in Section 116(c) of the WIOA.
5. Internal Organization
The VCCS recognizes the right of the LWDA to make provision among and
between the CEOs, the LW DB, and LWDAGR, or fiscal agent, for the division of duties
and avoidance of conflict of interest in performing tasks requisite for the proper
performance of this Agreement, subject to the provisions of the WIOA and attendant
federal and slate regulations. The LWDAGR agrees that it shall not, by act of
commission or omission, do or fail to do any act that would hinder, frustrate, or delay the
performance of this Agreement or any act or duty required hereby.
6. Nonassignabllity
This Agreement shall not be assignable, in whole or part, by the LWDAGR
without the prior written consent of the VCCS; provided, however, that contractors
providing intensive services for adults or dislocated workers in accordance with Seclon
134(dx3)(Bxii) of the WIOA, providers of training services in accordance with Section
134(dx4)(G)(ii) of the WIOA, and contractors providing youth activities under Section
123 of the WIOA may be engaged by the LWDB to provide such services or activities to
eligible WIOA participants. In the exercise of the discretion afforded by this provision,
the LWDA shall ensure that all purchases comply with federal and state procurement
laws and requirements as may be applicable. Whenever the word "contractor" appears
in the succeeding provisions of this Agreement, it shall mean such contractors as are
permitted by the terms of this Paragraph 6. Any such contract shall be conditioned to
secure the benefits of the succeeding provisions to the LWDA and the VCCS.
Audit
The LWDAGR shall procure an annual, organization -wide financial and
compliance audit in accordance with the requirements of the Single Audit Act of 1964
and Office of Management and Budget (hereinafter referred to as OMB) 2 CFR Chapter
11, Part 200, at al. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Award- Subpart F- Audit Requirements. All funds covered by
this Agreement and received by the LWDAGR on behalf of the LWDA shall be included
in the scope of the LWDAGR's Single Audit. Accordingly, all funds received must be
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reflected In the LWDAGR's audit report whether or not the LWDAGR has appointed a
fiscal agent to manage funds received on behalf of the LWDA. The scope of the audit
need not include activities of stale -level partner agencies subject to audit by the Virginia
Auditor of Public Accounts (hereinafter referred to as Virginia APA). The LWDAGR
shall ensure that the audit report is accessible electronically or submitted to the VCCS
upon its completion.
The LWDAGR shall, immediately and in writing, notify the VCCS of possible acts
of fraud, abuse, or illegal acts discovered during the performance of the audit. The
VCCS reserves the right to audit, or to require the audit of any or all of the activities and
transactions of the LWDA, as the need is determined. The costs of additional audits
shall be borne by the VCCS, provided the LWDAGR has been audited in accordance
with Paragraph A. above.
8. Compliance Monitoring
In conformance with Section 184 (aX4) of the WIOA and OMB 2 CFR Chapter II,
Part 200, et al. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards Subpart D- Post Federal Award Requirements
Standards for Financial Management, the VCCS shall undertake onsile monitoring of
the LWDA no less than once annually to assess compliance with Federal statutes,
regulations, and the terms and conditions of funds received under this Agreement. The
VCCS shall issue a report to the LWDAGR and LWDA within thirty (30) days following
the monitoring visit that outlines any findings, concerns and any necessary corrective
actions.
The LWDAGR and LWDA shall provide the VCCS a written response within 30
days, accompanied by appropriate supporting documentation, which addresses the
disposition of all questioned costs and costs recommended for disallowance, related to
funds covered by this Agreement. The LWDAGR and LWDA shall provide an
explanation of any corrective actions taken or a plan for future corrective action to
address findings resulting from the monitoring. Documentation to verify that corrective
action has been taken or a timetable for the completion of the corrective action shall be
included with the explanation.
The VCCS shall determine the adequacy of the action taken to resolve the
findings. The VCCS may request additional action on any finding considered not fully
resolved, and the LWDAGR and LWDA shall submit the necessary documentation to
fully resolve the finding. A determination will be issued based on an evaluation of the
corrective action plan. The determination will:
List any costs which have been determined unallowable; and
As necessary, establish a liability for any disallowed costs and designate a
date by which repayment must be made.
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The VCCS reserves the right to undertake monitoring through additional means
to ensure compliance with Federal statutes, regulations, and terms and conditions of
funds received under this Agreement.
9. Disallowed Cost
The LWDAGR shall give the VCCS timely written notification of the possibility of
disallowed costs incurred in its administration of this Agreement or by its one -stop
operators or contractors. In appropriate cases, the VCCS shall petition the U.S.
Secretary of Labor to:
Forgive those costs, if possible; if not,
fl. Accept repayment of those costs in other than cash reimbursement.
Neither the VCCS nor the LWDAGR, however, shall construe anything in this
provision to limit or preclude the pursuit of remedies, either legal or administrative.
In the event that repayment is required, the LWDA shall use prompt and efficient
debt collection procedures to obtain cash repayment of disallowed costs. The
LWDAGR shall not forego debt collection procedures without the express written
approval of the VCCS. Any required repayment shall not be by or from federal funds
and/or stale funds.
10. Cost Liability
Neither the Governor of Virginia nor the VCCS assumes liability by virtue of this
Agreement for any costs incurred above the amounts provided pursuant to this
Agreement or for costs incurred by the LWDA or its one -stop operators or contractors
that are determined to be unallowable. Any such costs shall be at the sole risk of the
LWDA or its contractors. The foregoing provisions of this Paragraph are not intended to
preclude and shall not be deemed to preclude the LWDA or its contractors from
asserting any defense that may be asserted hereafter.
11. Notification of Claims
The LWDAGR shall give the VCCS prompt written notice of any claim, action or
suit, of which it becomes aware, filed against the LWDA or any of its contractors
concerning or affecting the performance of this Agreement or any contract made here
under
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12. Record Retention and Right of Access
The LWDAGR, LWDA and its contractors shall retain records pertaining to WIOA
activities and expenditures for a period of three years from the date of submission of the
final expenditure report by the LWDA to the VCCS in accordance with OMB 2 CFR
Chapter II, Part 200, at al. Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Award- Subpart D- Post Federal Award Requirements.
The VCCS, the U.S. Secretary of Labor, the Comptroller General of the United States,
or any of their representatives, which include the Virginia APA and the Department of
the Stale Internal Auditor, shall have access to work and training sites and to any
books, documents, papers, and records (including computer records) of the LWDA and
its contractors that are directly pertnent to this Agreement, in order to conduct audits
and examinations and to make excerpts, transcripts, and photocopies. This right also
includes timely and reasonable access to the LWDA and its contractor's personnel for
the purpose of interviews and discussions related to such documents. The right of
access is not limited to the required retention period but shall last as long as the records
are retained.
13. Modification
No waiver or modification of the terms of this Agreement, including, without
limitation, this provision, shall be valid unless in writing and duly executed by the parties
to be bound thereby.
14. Sanctions
The VCCS reserves the right to apply any lesser sanction not proscribed by law
or seek any lawful remedy available to It as It may deem requisite to obtain proper
performance under this Agreement, to carry out the requirements of the WIOA and
federal and state regulations made pursuant thereto, and to maintain the integrity of
programs funded through this Agreement. Unless an emergency exists, the VCCS shall
not act to impose a sanction except upon reasonable notice and after the LWDAGR has
opportunity for review in accordance with procedures mandated by the WIOA. A
sanction imposed in an emergency shall be subject to subsequent review.
15. Intangible Property
Intangible property acquired under a federal award must comply with 2 CFR
Chapter II, Part 200.315 of the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Award- Subpart D- Post Federal Award
Requirements and 2 CFR Part 2900.13 USDOL Exceptions to Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
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16. Intellectual Property
The Federal government reserves a paid -up, non - exclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use for
Federal purposes: 1) the copyright in all products developed under the grant, including a
grant or subcontract under the grant or subgrant and 2) any rights of copyright to which
the grantee, subgranlee or a contractor purchases ownership under an award (including
but not limited to curricula, training models, technical assistance products, and any
related materials)); Such uses include, but are not limited to, the right to modify and
distribute such products worldwide by any means, electronically or otherwise. The
grantee may not use federal funds to pay any royalty or license fee for use of a
copyrighted work, or the cost of acquiring by purchase a copyright in a work, where the
Department has a license or rights of free use in such work. If revenues are generated
through selling products developed with grant funds, including intellectual property,
these revenues are program income. Program income is added to the grant and must
be expended for allowable grant activities. If applicable, the following needs to be on all
products developed in whole or in part with grant funds:
"This workforce product was funded by a grant awarded by the U.S. Department
of Labor's Employment and Training Administration. The product was created by
the grantee and does not necessarily reflect the official position of the U.S.
Department of Labor. The Department of Labor makes no guarantees,
warranties, or assurances of any kind, express or implied, with respect to such
information, including any information on linked sites and including, but not
limited to, accuracy of the information or its completeness, timeliness,
usefulness, adequacy, continued availability, or ownership. This product is
copyrighted by the institution that created it. Internal use by an organization
and/or personal use by an individual for non - commercial purposes is
permissible. All other uses require the prior authorization of the copyright
owner."
17. Inventions
The LWDA may retain the entire right, title, and interest to each invention subject
to 35 U.S.C. § 203 that was created or developed under this Agreement with funds from
this Agreement. With respect to any invention in which the LWDA retains title, the
VCCS shall have a nonexclusive, nontransferable, irrevocable, paid -up license to
practice or have practiced the subject invention.
18. Data Ownership
The VCCS and the USDOL shall have unlimited rights to any data first produced
or delivered under this Agreement.
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19. Public Announcements
When issuing statements, press releases, requests for proposals, bid
solicitations and other documents describing projects or programs funded in whole or in
part with WIOA funds, the LWDA and all its service providers receiving funds pursuant
to this Agreement shall clearly identify:
A. The percentage of the total costs of the program or project that will be
financed with WIOA funds,
B. The dollar amount of WIOA funds for the project or activity; and,
C. The percentage and dollar amount of the total cost of the project or activity
that will be financed by non - Federal sources.
20. Force Majeure
Neither party shall be liable nor deemed to be in default for any delay or failure in
performance under this Agreement or other interruption of service deemed resulting,
directly or indirectly, from acts of God, war, government regulation, disaster, civil unrest,
fires, explosions, earthquakes, floods, or any other cause beyond its reasonable control.
SECTION IV - ASSURANCES AND CERTIFICATIONS
The LWDAGR shall abide by and shall ensure that all activities conducted
pursuant to this Agreement comply with the following applicable federal, state, and local
laws, regulations, and directives:
A. Section 89 of the Internal Revenue Code.
B. WIOA and attendant regulations. The LWDAGR further certifies that it has
no commitments or obligations that are inconsistent with compliance with
these and any other pertinent federal regulations and policies, and that
any other agency, organization, or party which participates in the
implementation of the programs funded pursuant to this Agreement shall
have no such commitments or obligations.
C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), all requirements imposed by the applicable USDOL regulations (29
CFR Part 32) and all guidelines and interpretations issued pursuant
thereto.
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D. Titles VI, VII, and IX of the Civil Rights Act of 1964 (P.L. 88 -352) and the
regulations issued pursuant thereto. The LWDAGR shall not unlawfully
discriminate against any employee or applicant for employment because
of race, religion, color, sex, age, or national origin unless it is a bona fide
occupational qualification reasonably necessary to the normal operation of
the LWDA. The LWDAGR agrees to put In conspicuous places, available
to employees and applicants for employment, notice setting forth the
provisions of this nondiscrimination clause.
E. Prohibitions on discrimination under Sec.188 of the W IOA.
F. Virginia Public Procurement Act, §§ 2.2 -4300 et seq. of the Code of
Virginia.
G. Virginia Freedom of Information Act, §§ 2.2 -3700 et seq. of the Code of
Virginia, except as otherwise required by federal or state law, consistent
with federal confidentiality requirements and with the Government Data
Collection and Dissemination Practices Act, §§ 2.2 -3800 et seq. of the
Code of Virginia.
H. Occupational Safety and Health Standards for General Industry (29 CFR
Part 1910) inclusive of the "Virginia Preface to OSHA Standards Book for
General Industry".
L Relevant procedures, guidelines, and directives created by the Virginia
Board of Workforce Development as provided in §§ 2.2 -2472 et seq. of the
Code of Virginia.
J. Virginia Child Labor Laws, §§ 40.1 -78 at seq. of the Code of Virginia.
K. Virginia Workers' Compensation Act, §§ 65.2 et seq. of the Code of
Virginia.
L. The provisions of the following Acts, applicable regulations made pursuant
to said Acts, and other listed directives are hereby incorporated by
reference. All changes to said Acts, regulations, and directives are
automatically Incorporated into this Agreement.
i. Title I of the WIOA (P.L. 113 -128);
ii. W IOA 20 CFR Parts 601, 651, 652 et al. Workforce Innovation and
Opportunity Act; Notice of Proposed Rulemaking; Proposed Rules
including subsequent revisions or amendments;
iii. Duly authorized waivers approved by the USDOL;
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iv. Contract Work Hours and Safety Standards Act (40 U.S.C. §§
327 -332);
OMB 2 CFR Chapter I, Chapter II, Part 200, at al. Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards; Final Rule dated December 26,
2013;;
vi. OMB 2 CFR Part 2900 USDOL Exceptions to Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards dated December 19, 2014;
vii. USDOL administrative regulations, at 41 CFR Part 29 -70 (property
management - private), 29 CFR Part 93 -94 (lobbying restrictions and
drug -free workplace), and 29 C.F. R. Part 96-98 (audits, uniform
administrative requirements and debarment and suspension);
viii. Nothing in the WIOA (including the amendments made by this Act)
shall be construed to supersede the privacy protections afforded
parents and students under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g);
ix. Executive Order 13333- Human Trafficking (22 U.S.C. §7104
(g)) requires termination without penally, if a subgrantee,
contractor, or subcontractor engages in human trafficking;
X. Executive Order 13513- Prohibition Against Text Messaging While
Driving by Government Contractors, Subcontractors and Recipients
Subrecipients;
xi. Buy American Notice Requirements
None of the funds made available under Title I of the W IOA may be
expended by an entity unless the entity agrees that in expending
the funds the entity will comply with (41 U.S.C. 8301 - 8303);
xii. Federal Funding Accountability and Transparency Act of 2006 or
Transparency Act — Public Law 109 -282, as amended by section
6202(a) of Public Law 110 -252 (31 U.S.C. 6101);
All. Equal Employment Opportunity Directives;
xiv. Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide
for fair and equitable treatment of persons displaced or whose
property is acquired for project purposes of Federal or federally
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assisted programs, regardless of Federal participation in
purchases;
xv. Tide IX of the Education Amendments of 1972 (P.L. 92 -318), as
amended, which prohibits discrimination on the basis of sex;
xvi. The Age Discrimination Act of 1975, as amended;
xvii. The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; and
xviii. The Americans with Disabilities Act of 1990 (P.L. 101 -336).
The LWDAGR also understands and agrees to immediately desist from and correct any
violations noted.
2. Governing Law, Jurisdiction, and Venue
Commonwealth of Virginia Law shall govern, except where federal law is
applicable. Jurisdiction shall be in the courts of the Commonwealth of Virginia, and
venue shall be the Circuit Court of the City of Richmond.
3. Cerfifcations
A. The following certifications are incorporated by reference and are a part of
this Agreement:
i. Certification Regarding Lobbying (29 CFR § 93);
ii. Drug -free Workplace Requirements Certification (29 CFR § 98);
and;
iii. Nondiscrimination and Equal Opportunity Assurance
(29 CFR § 37);
iv. Certification Regarding Debarment, Suspension, and Other
Responsibility Matters (29 CFR § 98);
B. The LWDAGR and LWDA shall incorporate these certifications into any
contracts developed to implement programs pursuant to this Agreement.
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In witness whereof, the parties have caused this Agreement to be executed by
their duly authorized representatives:
Virginia Community College System
32
Title: Dr. Glenn DuBois, Chancellor
City of Roanoke, Virginia (LWDAGR)
By: Date:
Title:
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S EPIIANI6 M. MOON REVNOLDS, MMC
(B, Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Ronnoke,Vkgini6 24011 -1536
'Telepkane: (540)853 -2541
F., (540)853 -1145
E -mnil: elerk(pronnpkeva.gnv
June 16, 2015
Herbert B. Osburn, Sr., President
Tennis Courts, Inc.
P. O. Box 297
Aylett, Virginia 23009
Dear Mr. Osburn:
JONAHIAN E.CRAFT,C'MC
Depnly ('Bv Clerk
CR('ELIA 1. WEBB, CM(
A,,61.nt Dep,tiv Ci1v Clerk
I am enclosing copy of Ordinance No. 40267 - 061515 authorizing the City Manager to
execute Amendment No. 2 to an Agreement dated April 21, 2015, between the City and
Tennis Courts, Inc., in an amount not to exceed $61,273.00, to rehabilitate the sports
courts at Huff Lane Park, upon certain terms and conditions; and authorizing the City
Manager to take such further actions and execute all documents as may be necessary
to implement and administer such Amendment No. 2.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015, and is in full force upon its passage.
Sincerely,
Stephanie M. Moon Rey S ?�
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director of Management and Budget
Phillip C. Schirmer, City Engineer
Steven C. Buschor, Director, Parks and Recreation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2015.
No. 40267 - 061515.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to an
Agreement dated April 21, 2015, between the City and Tennis Courts, Inc., in an amount not to
exceed $61,273, to rehabilitate the sports courts at Huff Lane Park, upon certain terms and
conditions; authorizing the City Manager to take such further actions and execute all documents
as may be necessary to implement and administer such Amendment No. 2; and dispensing with
the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City, in form approved by the City Attorney, Amendment
No. 2 to an Agreement dated April 21, 2015, between the City mid Tennis Courts, Inc., to
rehabilitate the sports courts at Huff Lane Park, such Amendment No. 2 to be upon such terms
and conditions as are more particularly described in the City Council Agenda Report dated June
15, 2015.
2, The City Manager is hereby authorized to take such further actions and execute
all documents as may be necessary to implement and administer such Amendment No. 2
consistent with the terms of this ordinance, with any such documents being approved as to form
by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
Can'
City Clerk.
`a CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Amendment #2 to Contract for the Rehabilitation of Sport Courts
Background:
A Contract dated April 21, 2015, was issued to Tennis Courts, Inc. for the
rehabilitation of sport courts at four parks, in the amount of $115,016 (Melrose,
Perry, Sunrise, and Golden Parks). The Contract was subsequently increased by
$6,727 in Amendment #1 for additional work.
An Amendment No. 2 to Contract No. 9VRKH7 is necessary to add the
rehabilitation of the sport courts at Huff Lane Park, in the amount of $61,273,
thereby increasing the amount of the Contract to $183,016. This proposed work
is part of the ongoing implementation of the Parks and Recreation Master Plan for
improvements to existing facilities across the City.
Considerations:
City Council approval is needed to approve Amendment #2 to the current Contract.
Funding in the amount of $61,273, for this amendment is available in the
following accounts in the specified amounts: $24,000 from account 08- 620 -9623;
and $37,273 from account 08- 620 -9577.
Recommended Action:
Authorize the City Manager to issue and execute Amendment #2, approved as to
form by the City Attorney, to the City's Contract with Tennis Courts, Inc., in the
amount of $61,273, for additional services as set forth above.
Authorize the City Manager to take such action and execute such documents,
approved as to form by the City Attorney, as may be necessary to provide for the
implementation, administration, and enforcement of such Amendment to the
above mentioned Contract.
—DUQ - - - - - - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Steven C. Buschor, Director Parks and Recreation
Simone Knowles, Manager, Purchasing
AMENDMENT NO. 2
This is Amendment No. 2 to Contract No. 9VRKH7 dated April 21, 2015
between the City of Roanoke, Virginia, (City) and Tennis Courts,
Incorporated (Contractor). The date of this Amendment is June 3, 2015.
This Amendment amends the above Contract as follows:
1. Section 2. Contract Amount: The total not to exceed amount is hereby
changed from $121.743.00 to $183,016.00.
Original amount of Contract (Not to Exceed) $115,016.00
Amendment No. 1 - April 24, 2015 6,727.00
Net amount of this Amendment 61.273.00
Contract amount after this Amendment $183,016.00
Consecutive calendar day time extension required None
2. Revised Exhibit 4, Attachment A. Bid Form /Park Listings: replace
with: References in the Contract to Exhibit 4, Attachment A, Bid
Form /Park Listings are hereby modified by deleting Exhibit 4, Attachment
A, Bid Form /Park Listings, and replacing such document and references
to such document with a newly modified "Revised Exhibit 4, Attachment
A, Bid Form /Park Listings, a copy of which is attached to this
Amendment. References in the Contract to Exhibit 4, Attachment A, Bid
Form /Park Listings are hereby deemed to refer to Revised Exhibit 4,
Attachment A, Bid Form /Park Listings, effective as of June 16, 2015.
Except as amended and /or modified above, all the terms and provisions
of the above Contract, and any prior amendments thereto, shall continue
in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REVISED EXHIBIT 4
ATTACHMENT A
To
ITB# 15-08-01
REHABILITATION OF SPORT COURTS
BID FORM /PARK LISTINGS
Park
Type of
Updated
Unit Price Per
Extended
Existing
Court Layout
Court
Price
Courts
Perry Park
1 Basketball
1 Basketball
$10,789.00
$10,789.00
Court
Court
Sunrise Park
1 Basketball
1 Basketball
$14,729.00
$14,729.00
Court
Court
Golden Park
2 Tennis
1 Basketball
$28,225.00
$28,225.00
Courts
Court
Melrose Park
3 Basketball
3 Basketball
$68,000.00
$68,000.00
Courts
Courts
Huff Lane
3 Tennis
1 Basketball,
$61,273.00
$61,273.00
Park
Courts
1 Tennis, 1
Roller Hockey
Total Bid Price
$183,016.00
Some of the courts shall continue to function in their existing athletic capacity
while others shall be modified to facilitate other activities. The following table
illustrates what sports the courts currently have now, and the repurposing
design plan per the project.
The City reserves the right to add, delete, or adjust quantities as deemed
necessary by the City.
Bids containing any conditions, omissions, unexplained erasures, alterations or
items not called for in the bid, or irregularities of any kind, may be rejected by
the City as being nonresponsive. No changes are to be made to the Bid Form.
Any changes to a Bid Amount must be initialed by the person signing the Bid
Form.
The attention of each Bidder is directed to VA Code Sections 54.1 -1 100, et seq.
which requires certain licenses for contractors, tradesmen, and others. Each
Bidder is required to determine which license, if any, it is required to have
under such sections. Complete the following:
Bidder ____ does have _____ does not have a Virginia Contractor's License.
(Check appropriate block) If Bidder has a Virginia Contractor's License, circle
the class Bidder has and list the number. Licensed "Class A ", "Class B ", or
"Class C" Virginia Contractor Number .
If Bidder has another type of Virginia License, please list the type and number:
Type of license_ _______________________ and number: ------------------------
Bidder is a --- resident or ____ nonresident of Virginia. (Check appropriate
blank. See VA Code Sections 54.1 -1 100, et seq.
The attention of each Bidder is directed to Virginia Code Section 2.2- 4311.2
(effective July 1, 2010) which requires a bidder organized or authorized to
transact business in the Commonwealth of Virginia pursuant to Title 13.1 or
Title 50 of the Code of Virginia, as amended, or as otherwise required by law,
shall include in its bid the Identification Number issued to such bidder by the
Virginia State Corporation Commission (SCC). Furthermore, any bidder that is
not required to be authorized to transact business in the Commonwealth of
Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or
as otherwise required by law shall include in its bid a statement describing why
the bidder is not required to be so authorized. Please complete the following
by checking the appropriate line that applies and providing the required
information:
A.______ Bidder is a Virginia business entity organized and authorized to
transact business in Virginia by the SCC and such bidder's /offeror's
Identification Number issued to it by the SCC is .
B.______ Bidder is an out -of -state (foreign) business entity that is authorized
to transact business in Virginia by the SCC and such bidder's Identification
Number issued to it by the SCC is .
C.______ Bidder does not have an Identification Number issued to it by the
SCC and such bidder is not required to be authorized to transact business in
Virginia by the SCC for the following reason(s): _
Please attach additional sheets of paper if you need more space to explain why
such bidder is not required to be authorized to transact business in Virginia.
The undersigned hereby agrees, if this Bid is accepted by the City, to provide
the services and /or items in accordance with this invitation for Bid and to
execute a Contract for such services and /or items.
Tennis Courts Incorporated
Legal Name of Bidder
Authorized Signature
Print or Type Name and Title
Date
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties agree to the above Amendment No. 2 and
hereby sign such Amendment No. 2 by their authorized representatives
Attest/Witness:
Printed Name and Title and Date
AttesUWitness:
Typed or Printed Name and Title and Title
Appropriation and Funds Required
for this Contract Certified
Director /Deputy Director of Finance
Dale:
Account #: 08- 620 - 9578 -9065
Approved as to form:
City Attorney /Assistant City Attorney
Approved as to execution:
City Attorney /Assistant City Attorney
TENNIS COURTS, INCORPORATED
Herbert B. Osburn, President/Date
CITY OF ROANOKE, VIRGINIA
Christopher P. Morrill, City Manager /Date
S "I'E141ANI F. M. MOON REYNOLDS, MMC
Cih'('Ie,k
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avcnuc, S. W., Suite 456
Roanoke, Virginia 24011 -1536
"Telephone: (540)853 -2541
lax: (541)853 -1145
F }nmil: vlo'ktr:'rmmokevx . aov
June 16, 2015
Pam King, Operations Manager
Carillon Property Management
213 McClanahan Street, # 300
Roanoke, Virginia 24014
Dear Ms. King:
JONA'1'I IAN E. CRAFT, ('MC
Ilopnly ('ilp Clerk
CFICELIAI'. WEBB, CM('
A,,islanl lklaltl CHI Clerk
I am attaching copy of Resolution No. 40268 - 061515 authorizing execution of an
Agreement with Carilion Property Management in connection with the use of the Crystal
Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road during
the 2015 annual fireworks show.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
recessed meeting held on Monday, June 15, 2015.
Sincerely,
l
Stephanie M. //y7 Moon Re nolds, M
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Deborah J. Moses, Parking Facilities Manager
Steven C. Buschor, Director, Parks and Recreation
Jackie Clewis, Manager, Risk Management
f.
lU "W
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40268 - 061515.
A RESOLUTION authorizing execution of an Agreement with Carilion Property
Management in emmection with the use of the Crystal Spring Garage, the Riverwalk Garage and
puking spaces on Evans Mill Road during the 2015 annual fireworks show.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City
Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, upon
form approved by the City Attorney, an Agreement for the use of the Crystal Spring Garage, the
Riverwalk Garage and parking spaces on Evans Mill Road from 3:00 p.m. until 11:00 p.m. on
Saturday, July 4, 2015, in connection with the 2015 annual fireworks show, such Agreement
including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify
and hold harmless Carilion Property Management wider certain circumstances, all ofwhich is set out
in the City Council Agenda Report dated June 15, 2015,
ATTEST:
City CI k.
STATEMENT OF CONFLICT OF INTEREST
1, David B. Trinkle, state that I have a personal interest in agenda item 7 a.
7 for the afternoon session of City Council for Monday, June 15, 2015, regarding
execution of an agreement between the City and Carilion Property Management,
Inc. because my employer, Carilion Clinic, is affiliated with Carilion Property
Management, Inc.
Therefore, pursuant to Virginia Code Section 2.2 -3112, 1 must refrain from
participation in this matter. I ask that the City Clerk accept this statement and ask
that it be made a part of the minutes of this meeting.
Witness the following signature made this 15 °i day of June, 2015.
j (Seal)
David B.
Vice Mayor and Member of Council
U
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Agreement Requiring City to Indemnify and Hold Harmless
Carilion Property Management, Inc.
Background:
The City of Roanoke is hosting the annual fireworks show at River's Edge Sports
Complex on July 4, 201 S. Shuttle service to the event site will be provided from
the Church Avenue Parking Garage and Virginia Western Community College.
Carilion Property Management, Inc. (Carilion) has agreed to allow the City to use
the parking spaces along the fence on Evans Mill Road, behind 213 McClanahan
Street, S.W., as a shuttle drop -off point. Carilion has also agreed to allow their
Crystal Spring Garage and the Riverwalk Garage as designated emergency
shelters in the event of a sudden severe storm or other weather event. Carilion
will restrict access to the Riverside Garage and Riverside Campus during the
event.
Considerations
The Agreement authorizing the use of the facilities referenced above contains a
provision requiring the City to indemnify and hold Carilion Property
Management, Inc. harmless from any and all liabilities arising out of the use of
Carilion facilities. An indemnification and hold harmless provision constitutes a
waiver of sovereign immunity, and any contract containing such a provision
must be authorized by City Council.
Recommended Action:
Approve the attached resolution waiving sovereign immunity and authorizing
the City Manager to execute an Agreement with Carilion Property Management
Inc., substantially in form as the Agreement attached to this letter. Such
Agreement shall be approved as to form by the City Attorney.
(Dto -- -- ------ -- - - -- pher P. Morrill
City Manager
Distribution: Council Appointed Officers
CARILION PROPERTY MANAGEMENT
HOLD HARMLESS AGREEMENT
Carillon Property Management agrees to allow the City of Roanoke to block
off the parking spaces along the fence on Evans Mill Road behind 213
McClanahan in Roanoke for bus pick ups and drop offs of attendees to the 4°i of
July Festival on Saturday, July 4, 2016 between the hours of 3p.m. and 11 p.m.
Carillon Property Management also agrees to block off the Riverside Garage
located at 6 Riverside Circle and the Riverside Campus for normal access during
the event.
According the established emergency plans for the event, the Crystal Spring
Garage located at 2001 Crystal Spring Avenue and the River Walk Garage
located on the campus of Carillon Roanoke Memorial Hospital are identified as
designated emergency shelters in the event of a sudden severe stone or other
weather event. These facilities will only be used in an emergency sheltering
event.
This agreement may be rescinded or amended at any time by Carillon Property
Management.
The City of Roanoke agrees to indemnify and hold harmless Carillon Clinic
and all its affiliated companies, including Carilion Property Management, to the
extent permitted by law from any and all liabilities arising out of the use of the
said parking spaces on Evans Mill Road and potential use of the identified
garages and the Riverside Campus. They also agree to leave the premises in the
same manner, as before occupancy and if need arises to have the premises
cleaned due to their use, they will be responsible for this cost.
Carillon representative:
Title:
Date:
City of Roanoke:
Title:
Date:
S I LPHANIE M. MOON REYNOLDS, M M('
Or( lrrk
CITY OF ROANOKE
OFFICE OF THE CI'FY CLERK
215 C'hm ch Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'I'ekphnne (540)85,1-2541
101x: (541))853 -1145
k ?Illlltl: elelkv, i.ir pkevn.knv
June 16, 2015
Katherine Walker, Secretary
Roanoke Cultural Endowment
204 South Jefferson Street, #12
Roanoke, Virginia 24011
Dear Ms. Walker:
JONA'1'IIAN 1- CRAGI', CMC
Depnly CRe Clerk
('RCELIA'I. Wk:DD, CMC
Acvisl.'prl Depnry City Clerk
I am attaching copy of Resolution No. 40269- 061515 endorsing an additional donation
to Roanoke Cultural Endowment; establishing the conditions under which such
additional donation will be made; and reaffirming the support of the City of Roanoke of
Roanoke Cultural Endowment and the City of Roanoke's recognition of the importance
of arts and cultural organizations to the fabric of the economy of the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
recessed meeting held on Monday, June 15, 2015.
Sincerely,
Stephanie M. Moon Rey olds, 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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40269- 061515.
A RESOLUTION endorsing an additional donation to Roanoke Cultural Endowment;
establishing the conditions under which such additional donation will be made; and reaffirming
the support of the City of Roanoke of Roanoke Cultural Endowment and the City of Roanoke's
recognition of the importance of arts and cultural organizations to the fabric of the economy of
the City of Roanoke.
WHEREAS, City Council adopted Resolution No. 39867- 021814, dated February 18,
2014, endorsing the creation of a private arts foundation that would develop and implement a
strategy for generating funds for arts and cultural organizations within the City of Roanoke and
the Roanoke Valley;
WHEREAS, individuals within the City of Roanoke and the Roanoke Valley have
formed Roanoke Cultural Endowment, a Virginia non -stock corporation, qualified as a tax
exempt organization corder section 501(c)(3) of the Internal Revenue Code;
WHEREAS, pursuant to its organizational documents, Roanoke Cultural Endowment is
qualified to accept charitable donations from individuals, businesses and, pursuant to Article IV,
§16 of the Constitution of Virginia, and Section 15.2 -953 of the Code of Virginia (1950), as
amended, accept appropriations from the City of Roanoke;
WHEREAS, the City has appropriated the sum of $125,000 to Roanoke Cultural
Endowment dill ing fiscal year 2015;
KW ....... slRe,,,i , 1 9-16119 f"Iding oPAns roun11M.o11 d., 6/11/15
WHEREAS, Roanoke Culttaal Endowment requests that the City appropriate an
additional .sum of $125,000 in fiscal yeu- 2015, subject to conditions established by City
Council: and
WHEREAS, City Council is willing to appropriate an additional $125,000 to Roanoke
Cultural Endowment upon satisfaction of certain conditions regarding fundraising form the
private sector.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. City Council endorses funding an additional $125,000 donation to Roanoke
Cultural Endowment during fiscal year 2015. Such additional funding shall be distributed to
Roanoke Cultural Endowment upon presentation of written certification that
A. Roanoke Cultural Endowment has raised, in cash, the sum of at least
$125,000 from sources other than the funds provided to Roanoke Cultural
Endowment by the City of Roanoke; and
B. Roanoke Cultural Endowment is a Virginia non -stock corporation, in good
standing, and remains qualified as a tax exempt organization pursuant to
Section 501(c)(3) of the Internal Revenue Code.
This certification shall be in writing, signed and acknowledged by a duly qualified officer of
Roanoke Cultural Endowment, under penalty of perjury. 'fhe certification shall include specific
information regarding the amounts and sources of funds raised by Roanoke Cultural Endowment.
The certification may disclose the sources of funds raised in categories, rather than identifying
particular donors.
KAMee.o s\R.dhtion regrading fiord,, of Ne FOOIIdfl11011 d., 6 /11/15
2. Upon presentation of the certification in a form satisfactory to the City Manager
and the City Attorney, the Director of Finance is authorized to distribute such additional
donation as may have been appropriated by City Council.
3. City Council reaffirms its support for the Roanoke Cultural Endowment and the
City's recognition of the importance of arts and cultural organizations in Roanoke to the citizens
of Roanoke, the economy, fabric, and quality of life in the City of Roanoke and the Roanoke
Valley,
ATTEST
ern . �UM p
City Clerk
K9Measums \RCeolntinn regarding funding oI Ares Fouudalioadoc 6 /11/15
Barbara A. Dameron
Director of Finance
Roanoke, Virginia
Dear Ms. Dameron:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (541))853 -2541
fax: (54(1)853 -1145
Ibnmi): cicrk(1)roanoke a.%ov
June 16, 2015
JONAI HAN E. CRAF1, CMC
Deputy City ('lerk
CECELIA 1. WEDD, CMC
Assistant Deputy City Clerk
I am enclosing copy of Budget Ordinance No. 40270 - 061515 to appropriate funding
from the Capital Improvement Reserve to the Arts Endowment project, amending and
reordaining certain sections of the 2014 - 2015 Capital Projects Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015; and is in full force and effect upon its
passage.
Since y,
anie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Amelia C. Merchant, Director, Management and Budget
/-,71
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40270- 061515.
AN ORDINANCE to appropriate funding from the Capital Improvement
Reserve to the Arts Endowment 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
Appropriated from General Revenue 08- 610 - 9647 -9003 $ 125,000
Appropriated from General Revenue 08- 530 - 9575 -9220 ( 125,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
gt n n
`
City Clerk.
Q) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Appropriation of the Second Installment for the Roanoke
Cultural Endowment
Background
On May 12, 2014, City Council approved funding of up to $250,000 for the
Roanoke Cultural Endowment (Endowment) as the City's commitment to
support local artists and increase cultural awareness. The first installment of
$125,000 was approved and appropriated to a project account in conjunction
with the fiscal year 2015 Capital Improvement Plan. The remaining $125,000
was reserved in Capital Project Contingency. The terms of the commitment
required the Endowment to obtain and retain tax - exempt organizational status
and to raise funds in an amount at least equal to the City's commitment of
$125,000, from sources other than the City of Roanoke.
Considerations:
Funding of the remaining $125,000 is available for appropriation from the
City's Capital Project Contingency account.
Recommended Action:
Adopt the accompanying resolution specifying the terms of the City's
commitment and adopt the accompanying budget ordinance to appropriate
$125,000 in funding from the Capital Project Contingency account to the Arts
Endowment project account.
1
opher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron
Director of Finance
Roanoke, Virginia
Dear Ms. Dameron:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'1'dephonc (540)85 }2541
IL,, (540) 853 -1145
E.nmil: ele�k(nTOnnakovugpv
June 16, 2015
JONAI'IIAN E.CRAFr,CNIC
Deputy City Clerk
CECELIA'I'. WEBB, CMC
A,,ml.nt Depnty City Clerk
I am enclosing copy of Budget Ordinance No. 40271- 061515 to increase the Roanoke
City Public Schools transfer, Convention and Visitors Bureau allocation, Public Safety
Off -Duty Earnings (Police and Sheriff), the Comprehensive Services Act, Budget
Contingency and Fleet Sublet Vendor and Supplies expenditures, and to increase
revenue budget estimates for Public Service Corp - Real Estate, Sales, Business
License, Transient Occupancy, Personal Property (Current and Delinquent) Taxes,
Interest on Real Estate Taxes, the Comprehensive Services Act, Off -Duty Billings
(Police and Sheriff) and Fleet Parts revenue, amending and reordaining certain sections
of the 2014 -2015 General Fund and Fleet Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015; and is in full force and effect upon its
passage.
Sine rely,
L
inity tep anie M. Moon Reynolds, MMC
Clerk
Enclosure
PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Landon Howard, Executive Director, Roanoke Valley Convention and Visitors
Bureau, 101 Shenandoah Avenue, N. W., Roanoke, Virginia 24016
The Honorable Evelyn W. Powers, City Treasurer
The Honorable Sherman A. Holland, Commissioner of the Revenue
Barbara A. Dameron
Director of Finance
June 16, 2015
Page 2
Pc: The Honorable Timothy A. Allen, City Sheriff
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Christopher C. Perkins, Chief of Police
Amelia C. Merchant, Director, Management and Budget
Jane Conlin, Director, Human /Social Services
Bob Bengtson, Director, Public Works
Susan Lower, Director, Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40271- 061515.
AN ORDINANCE to increase the Roanoke City Public Schools transfer,
Convention and Visitors Bureau allocation, Public Safety Off -Duty Earnings (Police and
Sheriff), the Comprehensive Services Act, Budget Contingency and Fleet Sublet Vendor
and Supplies expenditures, and to increase revenue budget estimates for Public Service
Corp — Real Estate, Sales, Business License, Transient Occupancy, Personal Property
(Current and Delinquent) Taxes, Interest on Real Estate Taxes, the Comprehensive
Services Act, Off -Duty Billings (Police and Sheriff) and Fleet Parts revenue, amending and
reordaining certain sections of the 2014 -2015 General Fund and Fleet 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 General Fund and Fleet Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
01. 110 - 1234 -0130
500,000
Off -Duty Earnings (Sheriff)
01- 140 - 2140 -1015
$ 22,800
Transfer to Schools
01- 250 - 9310 -9530
1,384,800
Convention and Visitors Bureau
01- 300 - 7220 -3702
98,250
Budget Contingency
01- 300 - 9410 -2199
1,796,950
CSA - Res Parental& Noncustodial
01- 630 - 5410 -4602
265,000
CSA - Res Educational Services
01- 630 - 5410 -4603
300,000
CSA - TFC IVE Children
01- 630 -5410 -4605
42,000
Off -Duty Earnings (Police)
01- 640 - 3111 -1015
52,200
Fleet Management — SubletVendor
17- 440 - 2641 -3009
115,000
Fleet Management — Supplies (Inventory)
17- 440 - 2641 -3016
145,000
Revenues
Personal Property (Current)
01. 110 - 1234 -0130
500,000
Personal Property (Delinquent)
01- 110 - 1234 -0134
340,000
Public Service Corp - RE
01- 110- 1234 -0140
494,000
Interest on Real Estate Taxes
01- 110 - 1234 -0149
212,000
Sales Tax
01- 110 - 1234 -0201
1,223,000
Current Business License
Transient Occupancy Tax
Comprehensive Services Act
Off -Duty Billings (Police)
Off -Duty Billings (Sheriff)
Fleet Parts Billing — General Fund
01- 110 - 1234 -0220 $ 431,000
01- 110 - 1234 -0225 262,000
01- 110 - 1234 -0691 425,000
01- 110 - 1234 -1298 52,200
01- 110 - 1234 -1313 22,800
17- 110 - 1234 -1869 260,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
l City Clerk.
°erg ,.e,¢,J
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: FY 2015 Revenue and Expenditure Adjustments
Background:
Local tax revenues are projected to exceed budget in the amount of
$3,462,000. The following revenue adjustments should be made as a result of
the projection:
Public Service Corp - Real Estate Tax $ 494,000
• Sales Tax
1,223,000
• Business License Tax
431,000
• Transient Occupancy Tax
262,000
• Personal Property Tax (Current)
500,000
• Personal Property Tax (Delinquent)
340,000
• Interest on Real Estate Taxes
212.000
Total
$3,462,000
The school funding formula designates that 40% of adjusted local tax revenue
be provided in support of Roanoke City Public Schools (RCPS). An updated
computation of the local share of tax revenue for RCPS as of June 1, 2015
results in additional funding in the amount of $1,384,800. The resulting total
funding allocated to RCPS by the City of Roanoke will be $75,922,400.
The Convention and Visitors Bureau (CVB) receives an allocation of 3/8 of the
Transient Occupancy Tax to support marketing efforts. An additional allocation
of $98,250 will be appropriated to the CVB based on the revenue projection.
Comprehensive Services Act expenditures are expected to exceed the current
allocation of $9.8 million by $607,000. Additional revenue of $425,000 will be
received from the state. A local share of $182,000 is required.
Off -Duty Earnings are expected to exceed the current budget of $171,247 by
approximately $75,000. The expense for these services is reimbursed to the
City by agencies requesting the services of the Police Department and the
Sheriffs Office.
Fleet Management expenditures for the repair of City vehicles and equipment
are expected to exceed the current budget by $260,000. A budget adjustment
in the Fleet Management fund is necessary to provide sufficient funding for
these repairs.
Residual funding from the local tax adjustment in the amount of $1,796,950
will be appropriated to Budget Contingency.
Considerations:
City Council action is needed to revise FY 2014 -2015 estimates for certain
revenues and to increase appropriations.
Recommended Action:
Adopt the accompanying budget ordinance to:
• Increase the revenue estimates for the following:
• Public Service Corp - Real Estate Tax - $494,000
• Sales Tax - $1,223,000
• Business License Tax - $431,000
• Transient Occupancy Tax - $262,000
• Personal Property (current) - $500,000
• Personal Property (delinquent) - $340,000
• Interest on Real Estate Taxes - $212,000
• Comprehensive Services Act - $425,000
• Off -Duty Earnings (Police) - $52,200
• Off -Duty Earnings (Jail) - $22,800
• Fleet Management - Parts - $260,000
• Appropriate funding to the following:
• Transfer to Schools - $1,384,800
• Convention and Visitors Bureau - $98,250
• Off -Duty Billings (Police) - $52,200
• Off -Duty Billings (Jail) - $22,800
• Comprehensive Services Act - $607,000
• Budget Contingency - $1,796,950
• Fleet Management - Sublet Vendor - $115,000
• Fleet Management - Supplies (Inventory) - $145,000
-
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
S'IT811ANIP: M. MOON REYNOLDS, Mhl('
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'1'elephune: (541)R53 -x541
F.x: (5411)853 -1145
4: nmil: elerklp'roannke,v.Rny
June 16, 2015
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
JONAl11AN R. CRAP 1, ('MC
Ilenpb' ('ile Clerk
('ECELIA T. WFUD, C'MC
As. ktanl Deputy C'Re Clerk
I am enclosing copy of Ordinance No. 40272 - 061515 amending and reordaining
Section 2 -233, Election: term of office, and Section 2 -235, General duties, Article XI,
Director of Finance, Chapter 2, Administration, and Section 22.3 -2, Definitions, Article I,
General, Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979),
as amended, effective July 1, 2015.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015, and is in full force and effect upon its
effective date.
Sincerely, /
IkWll*� II ' / t�t1'^ . l
Stephanie M. Moon Reyno M C
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
Michele Vineyard, Director, Human Resources
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40272- 061515.
AN ORDINANCE amending and reordaining Section 2 -233, Electionn teon ofofficc, and
Section 2 -235, General duties, of Article XI, Director of Finance, of Chapter 2, Administration,
and Section 22.3 -2, Definitions, of Article 1, General, of Chapter 22.3, Pensions and Retirement,
of the Code of the City of Roanoke (1979), as amended; In for an effective date; and
dispensing with the second reading of this Ordinance by title.
WHEREAS, pursuant to Chapter 347, Laws of Virginia (2015), effective July I, 2015,
the City Manager is designated as the person to appoint the Director of Finance under the Charter
of the City of Roanoke; and
WHEREAS, certain provisions of the Code of the City of Roanoke (1979) as amended,
require amendment to confienn to the changes enacted pursuant to Chapter 347.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Section 2 -233, Election; term of office, Article XI, Director of Finance, Chapter
2, Administration, of the Code of the City of Roanoke, Virginia (1979), as amended, is amended
and reordained to read and provide as follows:
Sec. 2 -233. Election' term of office.
As provided in sections 8, -td 9, and 21 of the Charter, the enureil city manager
shall ekeetappoint a director of fina,,,4�tt n -offiwc <.,r n- nom ,
csfAetobei- i+t- Ehe- }�.,.: ;.f,,.,,neleeticax.
I. Section 2 -235, General duties, Article X1, Director of Finance, Chapter 2,
Administration, of the Code of the City of Roanoke, Virginia (1979), as amended, is amended
and reordaned to read and provide as follows:
Sue. 2 -235. General duties.
The duties of the director of finance shall be as defined and set out in sections 25.1 and
44 of the Charter and such other duties as may be provided by the council.
3. Section 22.3 -2, Definitions, Article 1, General, Chapter 22.3, Pensions and
Retirement, of the Code of the City of Roanoke, Virginia (1979), as amended, is amended and
reordained to read and provide as follows:
Sec. 22.3 -2, Definitions.
Eligible employee shall mean:
(c) The city manager, city attorney, ck,,cter Hftirmne-, municipal auditor, and the city
clerk (the "council appointed officers ");
* **
4. This Ordinance shall become effective on and after July 1, 2015.
5. Pursuant to Section 12, Roanoke City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
�
Citty y Clerk.
2
S I'REIIANI1, M. MOON REYNOLDS, M M('
City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chord t Awnne, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'telephone: (540)85} -2541
For. (5411) 853 -1145
Ipnmil: clerk(mroanokc —,—
June 16,2015
JONA'rILAN E- CRAFT, CMC
Pepnty City Clerk
CECELIA "1'. WERE, CNIC
Assistant Uepnly City Clerk
I am attaching copy of Resolution No. 40273 - 061515 appointing a task force to review
the City Code for the purpose of making changes to the City Code that are required or
are advisable as a result of the amendments to various sections of the existing Roanoke
Charter of 1952 regarding the Director of Finance, and make a recommendation to City
Council as to the changes to City Code, if any, that may be deemed advisable.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
recessed meeting held on Monday, June 15, 2015.
Sincet ,
�r Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: The Honorable Raphael E. Ferris, Council Member
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
a'v
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40273 - 061515.
A RESOLUTION appointing a task force to review the City Code for the purpose of making
changes to the City Code that are required or are advisable as a result of the amendments to various
sections of the existing Roanoke Charter of 1952 regarding the Director of Finance, and make a
1 ecommendation to City Council as to the changes to City Code, if any, that may be deemed advisable.
WHEREAS, effective July 1, 2015, and pursuant to Chapter 347, Laws of Virginia (2015), the
General Assembly approved amendments to various sections of the existing Roanoke Charter of 1952,
including amendments related to the appointment of the director of finance;
WHEREAS, the amendments affective the appointment of the director of finance removed the
appointment of the director of finance as an officer appointed by City Council, allowed the city
manager to appoint a director of finance, designate certain duties of the director of finance, reserved to
City Council the authority to designate additional duties of the director of finance by adoption of
ordinances, and established 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;
WHEREAS, City Council has adopted an ordinance as of June 1, 2015, making certain
amendments to the Code of the City of Roanoke (1979) as amended that are necessitated by the
enactment of Chapter 347, Laws of Virginia (2015); and
WHEREAS, City Council desires to have members of City staff and members of City Council
to review the Code of the City of Roanoke (1979) as amended, and make such recommendations to
City Council as they may deem advisable regarding the amendments to various sections of the existing
Roanoke Charter of 1952 regarding the Director of Finance.
CAUI,,l lk I1AppDnlolLocxlCrm,'Au IIEIEF34M,kParce D"IM, of Fint.nce 6 1515.rloc
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
A task force of four (4) individuals nominated by the City departments identified below
is established to review the City Code for the propose of making changes to the City Code that are
required or are advisable as a result of the charter changes and to make such to City Council as the
changes to City Code, if any, as this task force deems advisable. The members of this task force shall
be
(a) The City Manager or his designee;
(b) The Director of Finance or her designee;
(c) The City Attorney or his designee; and
(d) One (1) member of City Council - Raphael E. Ferris.
2. This task force is requested to provide its recommendations to Council, in writing, by
November 1, 2015, and present its recommendations to Council during the Council regular session on
November 16, 2015.
ATTEST:
City Clerk. J �"'✓
CV Users ACIIeMI)pDatalLuenlYrunpAnomsE l EF340ask Foce Diremor vfPl,,O,Oc 61515.doc
ten° CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENGE, SW
@ArsiiJt!< ROANOKE, VIRGINIA 240 1 14595
Daniel J. Callaghan TELEPHONE 540 - 8534431
City Attorney 1 °AX 540.8531221
HMAII : clm try @roanokcw.gov
June 15, 2015
The Honorable David Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Timothy R.
Spencer
Steven J.
Talevi
David L.
Collins
Heather P.
Ferguson
Laura M.
Carini
Assistant City Attorneys
Re: Report on implementation of Charter Changes affecting the Director of Finance
Dear Mayor Bowers and Members of Council:
The General Assembly enacted Chapter 347 that made certain changes to the City's Charter.
Among these changes were the appointment of the Director of Finance and the responsibilities of
the Director of Finance. Beginning July 1, 2015, the Director of Finance will become an
appointee of the City Manager, rather than a Council appointed officer. The Charter, as
amended, designates certain responsibilities of the Director of Finance. The Charter, as
amended, also reserved to City Council the right to designate such other duties to the Director of
Finance.
My colleague, Laura Carini, and I, together with the City Manager and the Director of Finance,
have reviewed the current City Code to determine what provisions of City Code need to be
amended as a result of the Charter changes affecting the position of the Director of Finance. We
have prepared a measure to amend certain sections of City Code that either describe the
appointment process for the Director of Finance or the description of this position as a Council
appointed position. In addition, we noted that Council may want to consider amendments to
other sections of City Code.
To this end, we have prepared two measures for your consideration. The first measure is an
ordinance that amends three sections of City Code. These amendments implement the changes in
the Charter related to the appointment of the Director of Finance. The second measure will
create a task force to review City Code and make recommendations to Council regarding other
amendments. This task force will have four members; a Member of Council (Council Member
Ferris), the City Manager (or his designee), the Director of Finance (or her designee), and the
City Attorney (or his designee). This task force will report to Council by November 1, 2015.
I request that Council adopt the proposed ordinance to make certain amendments to City Code
relative to the position of the Director of Finance and adopt the proposed resolution to create the
task force.
Sincerely,
llaniel 1gha�� n
City Attorney
DJC/Isc
c: Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Barbara Dameron, Director of Finance
Troy D. Harmon, City Auditor
Stephanie Moon Reynolds, City Clerk
c}4� CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Ronnokc, Virginia 24011 -1536
'I'ele,h.ne: (541)851 -2541
fax: (541)853 -1145
.S 'n(PIIANIE M. MOON REVNOLIIS, MM(' L:mvil: elerk(ntnanokeva.KOv
City Clerk
June 16, 2015
Cindy Poulton, Clerk
Roanoke City School Board
40 Douglass Avenue, N. W.
Roanoke, Virginia 24012
Dear Ms. Poulton:
.IONAI HAN E. CRAll C'MC
nepnty City Clerk
C'E('HAA'1'. WEBB, CM('
A%sintmtl Denaty City Clerk
I am enclosing copy of Budget Ordinance No. 40274 - 061515 appropriating funding from
the Commonwealth for various educational programs, and 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, June 15, 2015; and is in full force and effect upon its
passage.
Sincere ,
phanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
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 OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40274 - 061515.
AN ORDINANCE to appropriate funding from the Commonwealth 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
Bonuses 302- 110- 0000- 0390 -327J- 61100- 41660 -3 -01 $ 13,934
Bonuses 302 -110 - 0000 -1170 -327J- 61100 - 41660 -3 -01 4,645
Social Security 302 -110 -0000 -0390 -327J -61100 -42201 -3 -01 1,061
Social Security 302 -110 - 0000 -1170 -327J -61100 -42201 -3 -01 360
Revenues
State Grant Receipts 302 -110 -0000 -0000 -327J - 00000 -32400 -0 00 $ 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.
ATT ST: n
City Clerk. V
June 15, 2015
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, June 9, 2015,
the Board respectfully requests that City Council approve the
following appropriation request:
New Appropriation Award
STEM Teacher Recruitment and Retention Award $20,000.00
On behalf of the School Board, thank you for your consideration.
Sincerely, nn
Cindy H. Poulton
Clerk
PC: Dan Callaghan Rita D. Bishop
Chris Morrill Kathleen Jackson
Barbara Dameron Acquenatta Harris (w /details)
Todd A. Putney
ROANOKE CITY
PUBLIC SCHOOLS
St ong SlutlenK...... ge.mis.4 ong [ily.
School Board
Todd A. Putney
Chairman
Suzanne P. Moore
Vice Chairman
William B. Hopkins, Jr.
Mae G. Huff
Annette Lewis
Lori E. Vaught
Richard Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
p: 540 -853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcpsanfo
"oF CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: School Board Appropriation Request
Background:
As the result of official School Board action at its June 9, 2015 meeting, the Board respectfully
requested that City Council appropriate funding as outlined in this report.
The STEM Teacher Recruitment and Retention Awards 2014 -15 grant of $20,000 provided by the
Virginia Department of Education is for classroom teachers in the Virginia public schools. This
award is for teachers who were reassigned from a fully accredited school to a hard -to -staff school or
a school that is not fully accredited, or teachers who are new to the profession, or with up to three
years' experience. This program will be fully reimbursed by state funds and ends July 30, 201 S.
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.
arbara 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
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenne, S. W., Suite 456
NW I Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fan (540)853 -1145
S FFI IAN I ENLMOON REVN'OLDS, MM(' P: nmil: ela'kGProannkeva . gov JONATHAN E. CRAFT, CHIC
City Clerk Deputy City Clerk
CECELIA J'. W F.BR, CMC
Assistant Deputy City Clerk
June 16, 2015
Cindy Poulton, Clerk
Roanoke City School Board
40 Douglass Avenue, N. W.
Roanoke, Virginia 24012
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 40275- 061515 adopting an amendment
to the 2014 - 2015 School Board Categorical Budget, and amending and reordaining
certain sections of the School General, School Athletics and School Food Service
Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015, and is in full force and effect upon its
passage.
Sinc ly,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
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 OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of Tune, 2015.
No. 40275 - 061515.
AN ORDINANCE to adopt an amendment to the 2014 -2015 School Board
Categorical Budget, amending and reordaining certain sections of the School General,
School Athletics and School Food Service 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 School General, School Athletics and School Food Service
Funds Appropriations be, and the same are hereby, amended and reordained to read and
provide as follows:
School General Fund
Appropriations $ (3,200,000)
Fund Balance- Unappropriated 3,200,000
School Athletics Fund
Appropriations $ 300,000
Interfund Transfer From General Fund 300,000
School Food Service Fund
Appropriations $ 500,000
Fund Balance- Unappropriated (500,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: y�
City Clerk.
June 15, 2015
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The Board was informed in early June of action needed to correct a
previous adjustment and account for remaining expenditures and
year -end adjustments in the Schools' 2014 -15 Budget.
ROANOKE CITY
PUBLIC SCHOOLS
St ong StuM1enls.5[ong SSM1wIZ. S,mng G,y.
School Board
Todd A. Putney
Chairman
Suzanne P. Moore
Vice Chairman
William B. Hopkins, Jr.
Mae G. Huff
Annette Lewis
Lori E. Vaught
Richard Willis
Adiustment: The Municipal Auditor's office found that action taken Dr. Rita D. Bishop
by the School Board and City Council in December 2014 to enable Superintendent
uninterrupted work at Round Hill Elementary School through a $5.5
million increase to the general fund budget served to duplicate the Cindy H. Poulton
Clerk of the Board
effect of the advance appropriation of FY2016 bond funds also
undertaken by City Council for this purpose. The correcting action
needed is a decrease to the General Fund Expenditure budget of $5,500,000.
Additional Expenditure Budget Changes:
1) General Fund -- $2,000,000.
2) Food Services Fund -- $500,000.
3) Athletics Fund -- $300,000. With the additional distance that some athletic teams had
to travel for regular competition and the impressive advancement of several teams deep
into conference playoffs, the Division experienced higher than budgeted costs in the
Athletic Fund.
Actual expenditures as of May 26, 2015, in the General Fund and Food Services Fund are
well within budget; however, encumbrance levels and those expenses known to be
outstanding give rise to concern that the Schools could end the year beyond its approved
expenditure budget. The Auditor of Public Accounts directs external auditors to
"compare adjusted appropriations and expenditures in each fund and determine
whether disbursements were made in excess of appropriations."
p: 540- 853 -2381 f: 540- 853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
Mayor David Bowers and Members of City Council
Page 2
June 15, 2015
As a result of official School Board action on Tuesday, June 9, 2015, the Board respect-
fully requests that City Council approve the amendments to the Schools' 2014 -15 Budget
as presented.
2014 -15 Expenditure Budget
On behalf of the School Board, thank you for your consideration.
Sincerely,
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 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 w .mpsarfo
Current
Budget
Adjustment
1
Adjustment
2
Amended
2014 -15 Budget
(proposed)
General Fund
Instruction
111,079,339
1,500,000
112,579,339
Admin, Attendance 8
Health
13,809,400
13,809,400
Transportation
10,387,942
10,387,942
Operations
20,594,119
(55,500,000)
500,000
15,594,119
Debt Service
15,034,414
15,034,414
General Fund
$170,905,214
($5,500,000)
$2,000,000
$167,405,214
Food services Fund
$7,137,836
$0
$500,000
$7,637,836
Athletics Fund
$1,700,000
$0
$300,000
$2,000,000
Total
$179,743,050
($5,500,000)
$2,800,000
$177,043,050
On behalf of the School Board, thank you for your consideration.
Sincerely,
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 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 w .mpsarfo
�4 F
c?� O ) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Amendment to the Roanoke City Public Schools (RCPS) FY2014 -2015
Categorical Budget
Background:
On June 9, 2015, prior to the fiscal year end, the School Board approved an amendment
to the RCPS FY 2014-2015 Categorical Budget for the General Fund, the Food Service
Fund and the Athletics Fund. The amendments are as follows:
ADOPTED
AMENDED
DIFFERENCE
CATEGORICAL BUDGET
CATEGORICAL
ADOPT /AMENDED
BUDGET
GENERALFUND
REVENUE CATEGORY
STATE REVENUES
$ 78,081,235
$ 78,081,235
CITY REVENUES
74,579,200
74,579,200
OTHER REVENUES
5500000
5.500000
TOTAL REVENUES
$ 158,160,435
$ 158,160,435
-
EXPENDITURE CATEGORY
INSTRUCTION
$ 111,079,339
$ 112,579,339
$ 1,500,000
ADMINISTRATIONIATTENDANCE
AND HEALTH
13.809,400
13,809,400
-
TRANSPORTATION
10,387,942
10,387,942
-
INTERFUND TRANSFER TO
ATHLETICS
1,600,000
1,900,000
300,000
OPERATIONS AND FACILITIES
20,594,119
15,594,119
(5,000,000)
DEBT SERVICE
15,034,414
15,034,414
TOTAL EXPENDITURES
$ 172,505,214
$ 169,305,214
$ (3,200,000)
FUND BALANCE
$ (14,344,779)
$ (11,144,779)
$ 3,200,000
ADOPTED
AMENDED
DIFFERENCE
CATEGORICAL BUDGET
CATEGORICAL
ADOPTIAMENDED
BUDGET
ATHLETICS FUND
REVENUES
$ 100,000
$ 100,000
-
INTERFUND TRANSFER FROM
$ 1,600,000
$ 1,900,000
$ 300,000
GENERAL FUND
EXPENDITURES
$ 1,700,000
$ 2,000,000
$ 300,000
FOOD SERVICE FUND
REVENUES
$ 6,859,658
$ 7,137,836
-
EXPENDITURES
$ 7,137,836
$ 7,637,836
$ 500,000
FUND BALANCE
$ (278,178)
$ (778,178)
$ (500,000)
Honorable Mayor and Members of Council
June] 5, 2015
Page 2
Considerations
Budget action is requested to correct a previous adjustment and to account for the
uncertainty of remaining expenditures and year -end adjustments. The decrease in the
General Fund expenditure budget is related to the action that was taken in December
2014 by the Roanoke City School Board and Roanoke City Council to enable
uninterrupted work at Round Hill. The amount was an increase to the RCPS general fund
budget, which served to duplicate the effect of the advance appropriation of FY2016
bond funds also undertaken by Roanoke City Council. The Athletics Fund increase is due
to athletic teams having had to travel this year for regular competition, plus the
impressive advancement of several teams in conference playoffs. The Food Service Fund
increase is a result of new nutritional standards, increased food quality requirements
and rising food prices. These adjustments impact the budgeted use of fund balance
only. There is no change to budgeted operating revenue.
Recommended Action:
Adopt the accompanying budget ordinance to decrease expenditures and the use of fund
balance of the School General Fund, increase the transfer from the General Fund to the
School Athletics Fund and increase expenditures using fund balance of the Food Service
Fund.
f
arbara 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
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Vlrginiu 24011 -1536
1'CIt'p11n1Le: (541)853 -2541
Fns: (5 411) 85 3 -11 4 5
S'1'ITHANIF. M. MOON REYNOLDS, MM( E- FIL31l: cle,ic(n`rovmkrv's'8O4 J0NArUANF.CRAF1,CM('
01y 0"n k Deontp City Clerk
June 29, 2015 CECFLIA'r. WEBD, CMC
Assistant Deputy City Clerk
Michael McEvoy, Executive Director Gary Robertson, Executive Director
Wastewater Operations Water Operations
Western Virginia Water Authority Western Virginia Water Authority
601 South Jefferson Street, Suite 200 601 South Jefferson Street, Suite 200
Roanoke, Virginia 24011 Roanoke, Virginia 24011
Gentlemen:
Discussion was held by the Council of the City of Roanoke on Monday, June 15, 2015,
to reconsider of a motion concerning action of City Council in adopting Resolution
40247- 051815, adopted May 18, 2015, regarding the proposed joinder of Botetourt
County to the Western Virginia Water Authority.
Following extensive dialogue of the matter, on motion, duly seconded, the
abovementioned motion failed by a 0 -5 vote.
As part of the discussion, Council suggested that the City Manager coordinate a joint
meeting between the Council and the Western Virginia Water Authority, Board of
Directors, at a future Council meeting.
Sincerely,
►y�` y
Stephanie M Moon R€ynold %MC
City Clerk
Enclosure
PC: Gayle Shrewsbury, Secretary, Western Virginia Water Authority Board of
Directors, 601 S. Jefferson Street, Roanoke, Virginia 24011
Thomas C. Gates, Roanoke County Administrator, P. O. Box 29800, Roanoke,
Virginia 24018
Kathleen Guzi, Botetourt County Administrator, One West Main Street, Box 1,
Fincastle, Virginia 24090
Sam Darby, Authority Counsel, Glenn, Feldmann, Darby and Goodlatte, P. O.
Box 2887, Roanoke, Virginia 24001 -2887
Michael McEvoy, Executive Director, Wastewater Operations
Gary Robertson, Executive Director, Water Operations
Western Virginia Water Authority
June 29, 2015
Page 2
PC: Richard E. Huff, II, Franklin County Administrator, 1255 Franklin Street, Suite
112, Rocky Mount, Virginia 24151
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephme: (540)853 -2541
Fun: (541))853 -1145
S'I'EPIIANIC M. MOON REYNOLDS, MMC E- ni ^il: elerk(ntronimkevaaav
City Clerk
June 16, 2015
Patrick J. Williams
621 Walnut Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Williams:
JONATHAN F. CRAFT, CMC
Deputy City Clerk
C'ECELIA T. W EBB, CMC
A,,i,tnN Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 15, 2015, you were appointed to replace Justin Biller as an Engineer
representative of the Building and Fire Code Board of Appeals for a three -year term of
office, commencing July 1, 2015 and ending June 30, 2018.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each appointee is required 'Yo
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as an Engineer representative of the Building
and Fire Code Board of Appeals.
Sincerely,� n
Stephanie M. M ds, MMC
City Clerk
Enclosures
Pc: Candace Martin, Secretary, Building and Fire Code Board of Appeals
COMMONWEALTH OF VIRGINIA )
) To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the fifteenth day of June 2015, PATRICK J. WILLIAMS
was appointed as an Engineer representative of the Building and Fire Code Board of
Appeals, for a three -year term of office, commencing July 1, 2015 and ending June 30,
2015.
Given under my hand and the Seal of the City of Roanoke this sixteenth day of
June 2015.
ky�)' J�
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Ttit,ry ne: (540) X53 -2541
put: (540)X53 -1145
S EPHANIE M. MOON REYNOLDS, MMC ILmuil: eE,luir roan.keva.gov
City Clerk
June 16, 2015
James V. Revercomb, III
1246 Kerns Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Revercomb:
JONATHAN E. CRAFL CMC
Deputy City Clerk
CECELIA T. WELL, CMC
Assn Cant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 15, 2015, you were appointed to replace Mark Lucas as a City representative of
the Roanoke Valley Greenway Commission for a three -year term of office commencing
July 1, 2015 and ending June 30, 2018.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Inforrpation Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each appointee is required `to
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a City representative of the Roanoke Valley
Greenway Commission.
Sincerely,
i
tephanie M. Moon R ds, C
City Clerk
Enclosures
PC: Liz Belcher, Roanoke Greenway Coordinator, 1206 Kessler Mill Road, Salem,
Virginia 24153
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the fifteenth day of June 2015, JAMES V.
REVERCOMB, III, was appointed as a City representative of the Roanoke Valley
Greenway Commission for a three -year term of office commencing July 1, 2015 and
ending June 30, 2018.
Given under my hand and the Seal of the City of Roanoke this sixteenth day of
June 2015.
Js�
N k.
r CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'4 Telephone: (540)653 -2541
Fox: (540) 653 -1145
E -mail: elerk(a),roanokeva.guv
S 'rEFHANIE M. MOON REYNOLDS, MMC
City Clerk
June 22, 2015
Gail Kinzer Lewis
2538 Belle Avenue, N. E.
Roanoke, Virginia 24012
Dear Ms. Lewis:
CECELIA T. WEBB, CIVIC
Assistant City Clerk
Your term of office as a member of the Fair Housing Board expired on March 31, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Fair Housing Board from
December 6, 2010 to March 31, 2015. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sin ly,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Crystal Hypes, Secretary, Fair Housing Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
GAIL KINZER LEWIS
AS A MEMBER OF THE
FAIR HOUSING BOARD
FROM DECEMBER 6, 2010
TO MARCH 51. 2015
ON THIS 22ND DAY OF JUNE , 2015
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
DA D A BOA'ERS
MAYOR
ATTEST'
CECELIA T. W EBB ASSISTANT DEPUTY CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Vlrginiu 24011 -1536
T,J,licne: (540)853 -2541
F": [540)853 -1145
Ev �),
nall: clerkroanokeya,ov
STEPHANIE M. MOON REYNOLDS, MMC.
City Clerk
June 22, 2015
Margaret Hannapel
426 Allison Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Hannapel:
CECELIAT. WEBB, CMC
Assistant City Clerk
Your term of office as a member of the Roanoke Arts Commission will expire on
June 30, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Roanoke Arts Commission
from May 7, 2012 to June 30, 2015. Please find enclosed a Certificate of Appreciation
and an aerial view photograph of the Roanoke Valley in recognition of your service.
S ely „ \�1)
Cetceha T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Melissa Murray, Secretary, Roanoke Arts Commission
CERTIFICATE OF APPRECIATION
PRESENTED TO
MARGARET HANNAPEL
AS A MEMBER OF THE
ROANOKE ARTS COMMISSION
FROM MAY 7, 2012
TO JUNE 30, 2015
ON THIS 22ND DAY OF JUNE . 2015
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
ATTEST:
L..�
CECELIA T. E WEBB
ASSISTANT DEPUTY CITY CLERK
S rEEBANIE M. MOON REYNOLDS, MMC
City Clerk
June 22, 2015
Todd A. Putney
2301 Avenham Avenue, S. W
Roanoke, Virginia 24014
Dear Mr. Putney:
CECELIA T. WEBB, CIVIC
Assislant City Clerk
Your term of office as a member of the Roanoke City School Board will expire on
June 30, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Roanoke City School Board
from July 1, 2006 to June 30, 2015. Please find enclosed a Certificate of Appreciation
and an aerial view photograph of the Roanoke Valley in recognition of your service.
Syieerely, __
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Cindy Poulton, Secretary, Roanoke City School Board
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 953 -2541
Fox: (540)853-1145
F mail: elerk(o)roenokove.vev
S rEEBANIE M. MOON REYNOLDS, MMC
City Clerk
June 22, 2015
Todd A. Putney
2301 Avenham Avenue, S. W
Roanoke, Virginia 24014
Dear Mr. Putney:
CECELIA T. WEBB, CIVIC
Assislant City Clerk
Your term of office as a member of the Roanoke City School Board will expire on
June 30, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Roanoke City School Board
from July 1, 2006 to June 30, 2015. Please find enclosed a Certificate of Appreciation
and an aerial view photograph of the Roanoke Valley in recognition of your service.
Syieerely, __
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Cindy Poulton, Secretary, Roanoke City School Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
TODD A. PUTNEY
AS A MEMBER OF THE
ROANOKE CITY SCHOOL BOARD
FROM JULY 1, 2006
TO JUNE 30, 2015
ON THIS 22ND DAY OF JUNE , 2015
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
DAVID A. BOWERS
MAYOR
ATTEST:
1A T. WEBB
ASSISTANT DEPUTY CITY CLERK
u CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fm: (540)853 -1145
E -mail e,kC&..anokee..gov
5 "I'EPHANIE M. MOON REYNOLDS, MMC el
City Clerk
June 22, 2015
Mae G. Huff
2059 Fairhope Road, N. W
Roanoke, Virginia 24017
Dear Ms. Huff:
CECELIA T. W EBB, CMC
AW,wt City Clerk
Your term of office as a member of the Roanoke City School Board will expire on
June 30, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Roanoke City School Board
from July 1, 2006 to June 30, 2015. Please find enclosed a Certificate of Appreciation
and an aerial view photograph of the Roanoke Valley in recognition of your service.
E Sinc ly,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Cindy Poulton, Secretary, Roanoke City School Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
MAE G. HUFF
AS A MEMBER OF THE
ROANOKE CITY SCHOOL BOARD
FROM JULY 1, 2006
TO JUNE 30, 2015
ON THIS 22ND DAY OF JUNE , 2015
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
DAVID A. BOWERS
MAYOR
ATTEST:
�CECELIA T. WEBB
ASSISTANT DEPUTY CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Teienir.ne: (540) 853 -2541
Fox. (540)853 -1145
Umnil: ierk(rJrom�aknvagov
S EP11AN1E M. MOON REYNOLDS, MMC
City Clerk
June 22, 2015
Thomas S. Turner
4901 Greenlee Road
Roanoke, Virginia 24018
Dear Mr. Turner:
CECELIA T. W EBB, CMC
Assistant City Clerk
Your term of office as a member of the Mill Mountain Advisory Board will expire on
June 30, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Mill Mountain Advisory
Board from April 7, 2014 to June 30, 2015. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
in ly,
ecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Nicole Ashby, Secretary, Mill Mountain Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
THOMAS S. TURNER
AS A MEMBER OF THE
MILL MOLNTAIN ADVISORY BOARD
FROM APRIL 7, 2014
TO JUNE 30, 2015
ON THIS 22ND DAY OF JUNE '2015
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
DAV A BOWERS
MAYOR
ATTEST:
ASSISTANT DEPUTY CITY CLERK
r3�
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenge, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fex: (540)8531145
E -mail elerkk,lroanokava.8ua
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
June 22, 2015
Mark S. Lucas
2716 Avenham Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Lucas:
CECELIA T. WEBB, CMC
Assistant Cib Clerk
Your term of office as a member of the Roanoke Valley Greenway Commission will
expire on June 30, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Roanoke Valley Greenway
Commission from June 1, 2009 to June 30, 2015. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Si el
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Jim Lee, Secretary, Roanoke Valley Greenway Commission
CERTIFICATE OF APPRECIATION
PRESENTED TO
MARK S. LUCAS
AS A MEMBER OF THE
ROANOKE VALLEY GREENWAY COMMISSION
FROM JUNE I, 2009
TO JUNE 30, 2015
ON THIS 22ND DAY OF JUNE '2015
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
U?. -- A. B BOWERS
MAYOR
ATTEST
i
CECELIA L WEBB
ASSISTANT DEPUTY CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Teleplione: (540)$534541
Fax: (540)$53 -1145
E -ail: erk@roanokeva.gov
�1'EPHANIE M. MOON REYNOLDS, MMC m d
City Clerk
June 22, 2015
Justin B. Biller
2336 Locust Grove Circle, N. E
Roanoke, Virginia 24012
Dear Mr. Biller:
CECELIAT. WEE13, CMC
Assistant City Clerk
Your term of office as a member of the Building and Fire Code Board of Appeals will
expire on June 30, 2015.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Building and Fire Code
Board of Appeals from July 1, 2012 to June 30, 2015. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sin rely,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Candace Martin, Secretary, Building and Fire Code Board of Appeals
CERTIFICATE OF APPRECIATION
PRESENTED TO
JUSTIN B. BILLER
AS A MEMBER OF THE
BUILDING AND FIRE CODE BOARD OF APPEALS
FROM JULY 1, 2012
TO JUNE 30, 2015
ON THIS 22ND DAY OF JUNE , 2015
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
0
DAVID A. A. BOWERS 4
MAYOR
ATTEST:
C LI,A T. WEBB
ASSISTANT DEPUTY CITY CLERK
1'I'P;PI IAN I? M. MOON REYNOLDS, M MC
('ilv ('lerk
June 23, 2015
Marc Fink
3545 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fink:
JON AI'I IAN E. ('NAIL 1, CIVIC
Ilepnly CitV Clerk
Cl ELIA'I'. WLNN,C'MC
Assistant Deputy City Clerk
Your term of office as a City of Roanoke representative of the Western Virginia Water
Authority, Board of Directors will expire on June 30, 2015.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a City of Roanoke representative
of the Western Virginia Water Authority, Board of Directors from August 6, 2007 to
June 30, 2015. Please find enclosed a Certificate of Appreciation and an aerial view
photograph of the Roanoke Valley in recognition of your service.
Si r ,
is T. Webb, CMC
Assistant Deputy City Clerk
SMM:ctw
Enclosure
PC: Gayle Shrewsbury, Secretary, Western Virginia Water Authority Board of
Directors, 601 S. Jefferson Street, Roanoke, Virginia 24011
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanokc, Virginia 24011 -1536
'rclepkone (540)853 -2541
Lax: (540) 853 -1145
0: nmil: 0 , klfrom,okevaunv
1'I'P;PI IAN I? M. MOON REYNOLDS, M MC
('ilv ('lerk
June 23, 2015
Marc Fink
3545 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fink:
JON AI'I IAN E. ('NAIL 1, CIVIC
Ilepnly CitV Clerk
Cl ELIA'I'. WLNN,C'MC
Assistant Deputy City Clerk
Your term of office as a City of Roanoke representative of the Western Virginia Water
Authority, Board of Directors will expire on June 30, 2015.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a City of Roanoke representative
of the Western Virginia Water Authority, Board of Directors from August 6, 2007 to
June 30, 2015. Please find enclosed a Certificate of Appreciation and an aerial view
photograph of the Roanoke Valley in recognition of your service.
Si r ,
is T. Webb, CMC
Assistant Deputy City Clerk
SMM:ctw
Enclosure
PC: Gayle Shrewsbury, Secretary, Western Virginia Water Authority Board of
Directors, 601 S. Jefferson Street, Roanoke, Virginia 24011
CERTIFICATE OF APPRECIATION
PRESENTED TO
MARC FINK
AS A CITY OF ROANOKE REPRESENTATIVE OF THE
WESTERN VIRGINIA WATER AUTHORITY, BOARD OF DIRECTORS
FROM AUGUST 6, 2007
TO JUNE 30, 2015
ON THIS 23RD DAY OF JUNE 2015
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO
THE CITY OF ROANOKE
APPROVED:
DAVID A. BOWERS
MAYOR
ATTEST:
CB ELIA T. WEBB, CMC
ASSISTANTDEPUIY CITY CLERK
.S'I'EPnANIE M. MOON REVNOLDS, MMC
City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'1'eivpkonx: (540)853 -2541
Fax: (540) 853-1145
E -mail cleek(mtromeakmn.gov
June 16,2015
JONAI'IIAN R. CRAl -C CMC
DePnly Clty Clerk
CECELIA T. WERR, CM(
Avsistant Deputy City Clerk
I am enclosing copy of Ordinance No. 40276 - 061515 establishing an Urban
Development Area, and amending Vision 2001 -2020, the City's Comprehensive Plan, to
include such Urban Development Area as an element thereof.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015; and is in full force and effect upon its
passage.
Enclosure
PC:
Sinc ly,
ep anie M. Moon Reynolds, MMC
City Clerk
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Phillip C. Schirmer, City Engineer
Christopher L. Chittum, Director, Planning, Building and Development
Tina M. Carr, Secretary, City Planning Commission
U
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40276- 061515.
AN ORDINANCE establishing an Urban Development Area, and amending Vision 2001 -2020,
the City's Comprehensive Plan, to include such Urban Development Area as an element thereof; and
dispensing with the second reading of this ordinance by title.
WHEREAS, on June 8, 2015, the Planning Commission for the City of Roanoke considered
establishing an Urban Development Area ( "UDA ") throughout the entire City, with the exception of
two areas encumbered by recorded conservation easements, those two areas being portions of Mill
Mountain and property located at 301 'Pinker Creek Lane, N.E.;
WHEREAS, the Planning Commission held a public hearing on that date and recommended
establishing the UDA throughout the entire City, with the exception of two areas encumbered by a
recorded conservation easement, those areas being portions of Mill Mountain and 301 Tinker Creek,
and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such UDA as an element
thereof; and
WHEREAS, in accordance with the provisions of Section 15.2 -2204, Code of Virginia (1950),
as amended, a public hearing was held before this Council on June 15, 2015, on the establishment of
the proposed UDA, at which hearing all citizens so desiring were given an opportunity to be heard and
to present their views on such amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That this Council hereby establishes an Urban Development Area throughout the entire
City, with the exception of two areas encumbered by recorded conservation easements, those two areas
being portions of Mill Mountain and property located at 301 Tinker Creek Lane, N.E., and amends
Vision-2Q01-2020, the City's Comprehensive Plan, to include such Urban Development Area as an
element thereof.
That the City Clerk is directed to forthwith transmit attested copies of this ordinance to
the City Planning Commission.
Pursuant to the provisions of §l2 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
ot>~, ( 4 r x-✓
City Clerk.
QCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Establishment of an Urban Development Area in the City of
Roanoke.
Planning Commission Public Hearing and Recommendation
The Planning Commission held a public hearing on Monday, June 8, 2015. By a
vote of 5 -0, the Commission recommended approval of an ordinance adopting
an Urban Development Area encompassing the entire City, with the exception
of two areas encumbered by a recorded conservation easement established
pursuant to the Virginia Conservation Easement Act, such Urban Development
Area to be an amendment to Vision 2001 -2020, the City's comprehensive plan,
and its component neighborhood and area plans.
Background
Section 15.2-2223.1 of the Code of Virginia (1950), as amended, provides for
local establishment of Urban Development Areas, in which growth is permitted,
incentivized, or otherwise directed. An Urban Development Area ( "UDA ") is an
area that is appropriate for higher density development due to its proximity to
transportation facilities, the availability of a public water and sewer system, or a
developed area, to be used for redevelopment or infill development.
House Bill 2, passed by the General Assembly in 2014, establishes a Statewide
Prioritization Process for transportation projects whereby projects must
demonstrate that they meet a capacity need as a (1) corridor of statewide
significance, (2) a regional network, or (3) an improvement to promote a UDA.
Since potential transportation funding will be linked to the existence of a UDA,
the City of Roanoke was obliged to consider the establishment of one or more
UDAs.
The Code of Virginia establishes a number of general requirements for a UDA:
• Development regulations applicable in the UDA should provide for higher
residential densities and commercial intensities. Regulations in the UDA
should also incorporate traditional neighborhood design principles.
• The UDA should be capable of accommodating projected growth through
a 10 -20 year planning horizon.
The locality designating the UDA should provide incentives for
development and direct funding to support development into the UDA.
Considerations
In reviewing the criteria for a UDA, staff determined that the entire City of
Roanoke should be designated, with the exception of areas encumbered by a
recorded conservation easement established pursuant to the Virginia
Conservation Easement Act. The only existing conservation easements existing
in Roanoke apply to portions of Mill Mountain and to the property located at
301 Tinker Creek Lane.
Establishment of a UDA requires that the area has land appropriate for
development of residential densities of four or more dwelling units per acre and
commercial floor area ratios of 0.4 or greater. Of Roanoke's 16 zoning districts
that permit residential uses, 14 permit densities of four units per acre or more.
All of Roanoke's multiple purpose districts, industrial districts, and planned unit
development districts have floor area ratios of 1 .0 or greater, or have no
maximum floor area ratio.
The City's zoning ordinance and subdivision ordinance incorporate principles of
traditional neighborhood design such as pedestrian - friendly street design,
interconnected streets, preservation of natural areas, mixed -use neighborhoods
that include mixed housing types, shallow or no building setback requirements,
and reduction of subdivision street widths and turning radii at subdivision
street intersections.
The UDA should meet projected residential and commercial growth over a 10 to
20 -year planning horizon. The Weldon Cooper Center for Public Service of the
University of Virginia projects modest population growth for Roanoke during
the planning horizon.
2010 2020 2030 2040
Population
projection 97,032 99,287 101,174 102,656
(published 2012)
A 2014 population estimate indicated Roanoke's population was 99,320, which
already exceeds the 2020 estimate. Despite faster than predicted growth, rates
are still projected as modest. The addition of 4,142 people between 2010 and
2030 translates roughly to 2,030 new housing units (based on rate of 2.04
persons per dwelling unit). While Roanoke has limited undeveloped land, the
City has ample vacant infill parcels and redevelopment opportunities to
accommodate the projected growth.
The Evans Spring Planning Area and the Roanoke Center for Industry and
Technology represent the most potential for accommodating future commercial
growth on previously undeveloped land. Areas in and around the South
Jefferson Redevelopment area will accommodate additional growth as well.
Much new commercial growth will likely be in the form of redevelopment along
commercial and industrial corridors, downtown, and designated neighborhood
centers.
In the UDA, the City will provide incentives for development that include
expedited development review (existing, code mandated review times are the
shortest in the state), Enterprise Zone incentives, sale of City -owned land, land
development regulations that permit higher densities and higher intensity uses
of land, reduction or elimination of parking requirements, minimal or no
setbacks, and provisions for reducing pavement widths for new streets.
To the extent possible, federal, state and local transportation, housing, water
and sewer facility, economic development, and other public infrastructure
funding for new and expanded facilities will be directed toward the UDA to
accommodate growth.
The City advised the planning staff of the County of Roanoke, the City of Salem,
the Town of Vinton, the Roanoke - Alleghany Regional Commission, and the
Roanoke Valley Transportation Planning Organization of the City's intent to
establish the UDA and invited comment on the proposal.
The UDA is to be identified in the comprehensive plan and shown on future
land use maps. Roanoke's future land use maps are included in each
neighborhood or area plan, which are adopted as components of the
comprehensive plan. Adoption of a UDA encompassing the entire City, with the
exception of the two conservation easement areas, as a comprehensive plan
component is therefore extended to the land use maps contained in each
neighborhood or area plan.
Plannino Commission Work Session Discussion:
None.
Plannino Commission Public Hearino Discussion:
None. //
Kermit Hale, Vice Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
0610212015 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised hen 1x388L 31009.55
Publisher of the
The Roanoke Times
Account Number
1, (the undersigned) an authorized representative of the
Roanoke, Virginia
6011439
Affidavit of Publication
HEARING NOTICE Al was published In said newspapers an the
following dates:
Date
CITY OF ROANOKE
PDV
June 02, 2015
Alin Tina Carr
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0610212015 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised hen 1x388L 31009.55
Publisher of the
Roanoke Times
1, (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 an the
following dates:
06126,06102/2015
The First insertion being given ... 05/26/2015
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Billing Representative
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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.
A copy of the applications, the proposed ordinance to amend the zoning ordinance, the proposed
ordinance to amend the Fee Compendium, and the proposed amendment to Vision 2001-2020,
the City's Comprehensive Plan, are available for review in the Department of Planning,
Building, and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 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 the Department of 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 June 8, 2015, at 1:30
p.m., or as soon as the matters may be heard, to consider these matters and applications:
Amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,
as set forth below:
1. Sec, 36.2 -311, Use table for residential districts, to delete applicability of regulations
relating to spacing, maximum occupancy, and open space for Group care facilities; change
Group care facility, congregate home, elderly, and Group care facility, nursing home, from
permitted uses to special exception uses in the Residential Multifamily District; delete Home
occupation, personal service, as a permitted use in certain residential districts; add homestay as a
new special exception use in all residential districts; and add regulations prohibiting exterior
changes, limiting the number of guests and lengths of stays, and requiring the owner or
leaseholder to occupy a dwelling unit during any guest stay at a homestay;
2. Sec. 36.2 -312, Dimensional regulations for residential districts, clarifying how certain
maximum lot frontages are determined for a comer lot;
3. Sec. 36.2 -315, Use table for multiple nurpose districts, to add Campground as a special
exception use in the Commercial - General, Commercial -Large Site, Recreation and Open Space,
and Urban Flex Districts; to delete applicability of regulations relating to spacing, maximum
occupancy, and open space for Group care facilities; to add Place of worship as a permitted use
in the Urban Flex District; to add Homestay as a special exception use in the Mixed Use District
and as a permitted use in the Commercial- Neighborhood, Commercial- General, Commercial -
Large Site, Downtown, and Urban Flex Districts; and to add regulations prohibiting exterior
changes, limiting the number of guests and lengths of stays, and requiring the owner or
leaseholder to occupy a dwelling unit during any guest stay at a homestay;
4. Sec. 36.2 -316, Dimensional regulations for multiple ouroose districts, to increase the
maximum lot area from 2 acres to 3 acres in the Urban Flex District; to increase the maximum
height in the Recreation and Open Space District from 35 feet to 60 feet in certain circumstances;
to increase the maximum impervious surface area allowed in the Recreation and Open Space
District from 15% to 80 %; to clarify how certain maximum lot frontages are determined for lots
with two frontages; and to make certain regulations pertaining to the location, height and aiming
cutoff angles of certain outdoor lighting exempt from maximum height regulation for a district
but subject to the granting by special exception by the board of zoning appeals under certain
circumstances;
5. Sec. 36.2 -322, Use table for industrial districts, to add Amphitheater, Entertainment
establishments, Parks or playgrounds, Recreation, outdoor, and Outdoor recreation facility
lighting or sports stadium lighting as permitted uses in certain industrial districts;
6. Sec. 36.2 -326, Procedural requirements for planned unit development districts, to specify
that a PUD plan shall be established or amended in accordance with Sections 36.2 -540, Zoning
Amendments, and 36.2 -541, Conditional Rezonings;
7. Sec. 36.2 -327, Use table for planned unit development districts, to add Campground as a
permitted use in certain planned unit development districts; and to delete applicability of
regulations relating to spacing, maximum occupancy, and open space for Group care facilities;
8. Sec. 36.2 -405, Bed and breakfast, to rename the section; to add regulations relating to
homestays and prohibiting exterior changes, limiting the number of guests and lengghs of stays,
and requiring the owner or leaseholder to occupy a dwelling unit during guest stays at a
homestay; and to combine such regulations pertaining to homestays with regulations pertaining
to Bed and breakfast uses;
9. Sec. 36.2 -412, Group care facilities, to delete regulations relating to spacing, maximum
occupancy, and open space for Group care facilities;
10. Sec. 36.2 -418, Motor vehicle or trailer painting and body repair, to correct a
typographical error;
11. Sec, 36.2 -429, Temporary uses to permit camping in conjunction with public events on
property within 1,000 feet of the public event for the duration of a public event;
12. Sec. 36.2 -540, Zoning amendments, advising that fees for notices of public hearing shall
be set forth in the Fee Compendium of the City; and establishing that failure to post public
notification of certain actions by the zoning administrator as a courtesy to the public would not
constitute cause to cancel or reschedule any public hearing or challenge any decision or
recommendation upon appeal;
13. Sec. 36.2 -560, Special exceptions, advising that fees for notices of public hearing shall be
set forth in the Fee Compendium of the City; and establishing that failure to post public
notification of certain actions by the zoning administrator as a courtesy to the public would not
constitute cause to cancel or reschedule any public hearing or challenge any decision or
recommendation upon appeal;
14. Sec. 36.2 -561, Variances, advising that fees for notices of public hearing shall be set forth
in the Fee Compendium of the City; and amending standards, conditions and guarantees, and
conforming status regulations to be consistent with Code of Virginia amendments that become
effective on July 1, 2015, to allow under certain circumstances the granting of a variance if the
terms of a zoning ordinance would unreasonably restrict the use of property or would cause a
hardship due to certain conditions, notwithstanding any other provisions of law, general or
special;
15. Sec. 36.2 -562, Appeals to board of zoning appeals, advising that fees for notices of public
hearing shall be set forth in the Fee Compendium of the City;
16. Sec. 36.2 -563, Appeals from board of zoning appeals, to set forth amount of evidence
needed by an appealing party during any appeal in circuit court, to set forth the standard of
review for a circuit court, and other procedural matters required by Code of Virginia
amendments that became effective on July 1, 2015;
17. Sec. 36.2 -571, Zoning violations, adding a provision that notice of a zoning violation
may be given to the owner of the subject property;
18. Sec. 36.2 -644, Overall tree canopy requirements, to provide an exemption from
landscaping requirements for certain types of projects;
19. Sec. 36.2 -645, Street yard trees, to delete the section and to designate the section as
Reserved;
20. Table 652 -2, Required Parking Spaces, to delete the maximum parking requirement for
Community gardens;
21. Sec. 36.2 -653, Maximum parking to increase the percentage by which maximum parking
may be exceeded with a special exception from 175% to 200 %;
22, Sec, 36.2 -654, Parking and loading area standards, to delete a prohibition against parking
spaces being located between the right -of -way and a principal building in the Neighborhood
Design Overlay District;
23. Table 654 -1, Parking and Loading Area Standards, amending regulations as they apply to
residential developments of four or fewer units to provide for exceptions to maximum front yard
coverage, maximum cumulative driveway width, maximum individual driveway width, and to
reduce minimum driveway width to seven (7) feet;
24. Table 668 -1, Type Number. and Size of On- Premises Signs, to allow one freestanding
sign for the first 200 feet of lot frontage then one additional sign for each additional 200 feet of
lot frontage in the Commercial -Large Site District;
25. See. 36.2 -669, Changeable cony sins and electronic readerboard signs, to establish a
maximum size of signs in the CN, D, and IN districts of 25 square feet;
26. Sec. 36.2 -675, Outdoor advertising signs, allowing certain outdoor advertising signs to be
authorized by the Virginia Department of Transportation;
27. Sec. 36.2 -834, Ouomm and vote, to amend rules for the board of zoning appeals to
require the board to offer equal time to parties and the staff of the City of Roanoke;
28. Sec. 36.2 -836, Rules and records, to allow ex parte communications with members of the
board of zoning appeals under certain circumstances and to require the dissemination of
materials to certain interested parties within a certain period of time;
29. Sec. 36.2 -837, Powers and duties, to specify how an appeal of a zoning administrator
determination is to be considered; and to specify that the burden of proof is on the appellant to
show justification for a variance,
30. Sec. 36.2 -841, Powers and duties, to allow the zoning administrator to grant a
modification under a condition that the strict application of the zoning ordinance would
unreasonably restrict the use of the property;
31. Appendix A, Definitions, to add definitions for Campground and Homestay; to amend the
definition of Group home to include a residential facility in which no more than eight (8) persons
who are recovering from addiction to alcohol or drugs may reside, but such persons are not
currently using or addicted to alcohol or drugs; and to amend the definition of a Variance; and
32. Appendix B, Submittal requirements, B -1, Basic Development Plan, allowing specific
information on tree canopy to be substituted with appropriate statements on the development
plan.
The ordinance adopting the zoning amendments described above shall have an effective date of
July 1, 2015.
A request by the City of Roanoke to rezone property located at 210 Reserve Avenue, S.W.,
bearing Official Tax Number 1040202, from INPUD, Institutional Planned Unit Development
District, to ROS, Recreation and Open Space District, The proposed use is athletic fields. The
land use categories permitted in the ROS District include commercial; assembly and
entertainment; public, institutional and community facilities; transportation; utility; agricultural;
and accessory with no maximum floor area ratio listed. The comprehensive plan designates the
property for Recreational /Institutional use.
A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's
comprehensive plan, to establish an urban development area within the entire City of Roanoke.
A request by the City of Roanoke to consider an ordinance amending the Fee Compendium of
the City to establish new fees for legal advertisements for zoning amendments, special
exceptions, variances, and appeals to the board of zoning appeals, such new fees having an
effective date of July 1, 2015.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid matters and applications on June 15,
2015, at 7:00 p.m., or as soon as the matters maybe heard.
Stephanie M. Moon Reynolds, MMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold public hearings on June 10, 2015, at
1:00 p.m., or as soon as the matter may be heard, to consider these applications:
Application filed by Roselawn Realty Investment, LLC, for portions of property located at 4218
Welcome Valley Road, S.E., bearing Official Tax Nos. 5370101, 5370102, 5370103, and
5390201, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of
Roanoke (1979), as amended, to permit an asphalt plant.
Application filed by Rockydale Quarries Corporation for property located at 4754 Old Rocky
Mount Road, S.W., bearing Official Tax Nos. 5370105 and 5370106, for a special exception
pursuant to Section 36.2 -322, Zoning Code of the City of Roanoke (1979), as amended, to permit
a quarry.
Application filed by Shawn D. Law for property located at 315 24" Street, N.W., bearing
Official Tax No. 2310101 for a special exception pursuant to Section 36.2 -707, Zoning, Code of
the City of Roanoke (1979), as amended, to replace one non - conforming use (place of worship)
with another (community market).
Tina M. Carr, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, May 26, 2015, and Tuesday, June 2, 2015.
Please bill and send affidavit of publication to:
Tina M. Carr
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.can- @romokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C, Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
S ITHANIE M. MOON REYNOLDS, MMC
City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone (540)X53 -2541
Fax: (540) 853 -1145
14mail: cicrk(n`rronrkevn . gev
June 16, 2015
JONA ❑IAN E. CRAvr, CMC
Iterate City Clerk
CECELIA T. WEBS, CMC
A,,i,tnat Depale City Clerk
I am enclosing copy of Ordinance No. 40277 - 061515 rezoning certain property on 210
Reserve Avenue, S. W., from INPUD, Institutional Planned Unit Development District, to
ROS, Recreation and Open Space District, as set forth in the Zoning Amendment
Application dated May 11, 2015.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015; and is in full force and effect upon its
passage.
Since ly,
Step anie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director of Management and Budget
Phillip C. Schirmer, City Engineer
Christopher L. Chittum, Director, Planning, Building and Development
Tina M. Carr, Secretary, City Planning Commission
Steven C. Buschor, Director, Parks and Recreation
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Request by the City of Roanoke to rezone property located at 210
Reserve Avenue, S.W., bearing Official Tax Number 1040202, from
INPUD, Institutional Planned Unit Development District, to ROS,
Recreation and Open Space District. The proposed use is athletic fields.
Recommendation
The Planning Commission held a public hearing on Monday, June 08, 2015. By
a vote of 5 - 0 the Commission recommended approval of the rezoning request,
finding that the Original Application is consistent with the City's
Comprehensive Plan, South Roanoke Neighborhood Plan, and Zoning Ordinance.
Application Information
Request*
Rezoning
Owner:
City of Roanoke
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
210 Reserve Ave, SW
Official Tax Nos.:
1040202
Site Area:
31.889 acres
Existing Zoning:
INPUD, Institutional Planned Unit Development District
Proposed Zoning:
ROS, Recreation and Open Space District
Existing Land Use:
Outdoor Recreation
Proposed Land Use
Outdoor Recreation
Neighborhood Plan:
South Roanoke Neighborhood Plan
Specified Future Land
Use
Recreational /Institutional
Filing Date:
Motion at Planning Commission Public Hearing: May
11, 2 01 5
Original Application: May 11, 2015 __
Background
The property was zoned C -1, Office District prior to December 2005. The property
was zoned INPUD on December 5, 2005, as part of a comprehensive rezoning of the
City. The INPUD district was applied because the site supported several institutional
uses in addition to the outdoor recreation uses on the property. Those institutional
uses included Victory Stadium, the National Guard Armory, and the Parks and
Recreation administrative offices. All three structures have since been demolished
and the institutional land uses that led to the INPUD designation in 2005 no longer
exist on the property.
The City plans to continue to use the site for outdoor recreation uses. The majority
of the site's area remains unplanned, but the City plans to relocate tennis courts
from Crystal Spring Park to this site in the near future. The rezoning of the property
from INPUD to ROS would allow the flexibility of future site development without the
requirement of a development plan submittal for each change to the property that is
currently required in the INPUD district.
Considerations
The subject property was acquired by the City of Roanoke in the 1930's and
40's and has been used in part for recreational uses since that time. The
proposed development will further the development of the property for outdoor
recreational uses in keeping with the long term vision for the site.
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purpose of the ROS District is to recognize and enhance active park and
recreation lands, passive open spaces, and significant natural and scenic features
by encouraging these areas to protect unique land resources from degradation,
consistent with the recommendations of the City's Comprehensive Plan. It is
further intended to prevent the encroachment of incompatible land uses, while
Zoning District
Land Use
North
INPUD, Institutional Planned
Educational facilities, college/ university;
Unit Development District
Hotel; Medical Clinic and Vacant
South
ROS, Recreation and Open
Recreation, outdoor
Space District
East
INPUD, Institutional Planned
Parking structure facility;
Unit Development District
Day care center, child
West
INPUD, Institutional Planned
Vacant
Unit Development District
Compliance with the Zoning Ordinance:
The purpose of the ROS District is to recognize and enhance active park and
recreation lands, passive open spaces, and significant natural and scenic features
by encouraging these areas to protect unique land resources from degradation,
consistent with the recommendations of the City's Comprehensive Plan. It is
further intended to prevent the encroachment of incompatible land uses, while
permitting limited construction within open space areas which is supportive of
their function and which promotes their use and enjoyment.
The change of zoning district from INPUD to ROS would allow for the City to
make changes to the site in keeping with the development standards of the
Zoning Ordinance, but without having to amend a development plan through a
public process each time a change is sought as required in the current INPUD
zoning district.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the South Roanoke Neighborhood Plan recognize the
need for property within the City to serve the needs of both citizens and visitors.
The subject property is part of a larger planned outdoor recreation complex that
serves to benefit both groups of people. Relevant policies and action items in the
Comprehensive Plan include:
EC PCI. Parks and Recreation. Roanoke will develop, maintain, and manage
parks and recreation facilities that enhance the City's and the region's
quality of life.
ED P4. Tourism. Roanoke will promote tourism for the City and the region.
The transformation of this property to fully be a part of a large sports recreation
complex will allow sports organizations within the City to serve residents and
increase opportunities for sports tourism through tournaments at the River's Edge
park facilities.
The Roanoke Parks and Recreation Update to the 2007 Master Plan identifies a
need for sports fields in the City of Roanoke. Relevant policies in the Plan
include:
5.4 MULTIPURPOSE FIELD SPACE
With participation trends moving more towards multi -use with soccer,
lacrosse, flag football and even rugby. It is recommended that the City
consider public/ private partnerships and evaluate adding more multi-
purpose field spaces, particularly for games. The City could address this
deficit in two phases:
• As part of the redesign the northern portion of Rivers Edge Park, create
two large, lit rectangular athletic fields that have irrigation to
complement the regional character of Roanoke's primary hub of
recreation.
6.4.1.1 COMMUNITY MANDATES
• Strategy 1.2) Complete the joint Rivers Edge Park (North and South), and
the Roanoke River Greenway as a combined signature recreational "hub"
for the City.
• Strategy 1.4) Upgrade existing sports fields in the community to
maximize the capacity of use as it applies to baseball, softball, lacrosse,
rugby, and soccer fields.
The development of sports fields at Rivers Edge Park (north), the subject
property of this rezoning, helps address the shortage of athletic fields for the
City in an area that is identified as the primary recreational hub of the City.
The South Roanoke Neighborhood Plan recognizes that the area is one that has
served as space for varied uses over the years, but purposes that the future
uses should be recreational or institutional. Relevant policies and action items
in the plan include:
Priority Initiatives:
Parks
• Develop Reserve Avenue /River's Edge Sports Complex as a destination,
"signature' park, per the Parks and Recreation Master Plan.
Parks and Recreation:
• Recreation Amenities: Develop recreation attractions /amenities in space along
the Roanoke River as identified in the Parks and Recreation Master Plan.
The principal consideration is whether the proposed rezoning is consistent with
Vision 2001 -2020 and the South Roanoke Neighborhood Plan. The signature
recreational hub has been part of the long term vision for this area for several
years and the subject property on Reserve Ave, SW, is an important part of the
proposal. The change of use proposed for this parcel is in keeping with this vision
and appropriate for the area.
Public Comment:
None.
Planning Commission Work Session:
None.
Planning Commission Public Hearing:
None.
w y)& Hlu'' 6,zC
Kermit Hale, Vice Chair
City 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
Department of Planning, Bolding and Development ROA N O K E
Room 180, Nod C. Taylor Municipal Bulling
215 Churh Avenue, S.W.
Roanoke, Vkglnle 24011 Grk Here lo Ptlnl
Phone: (540)9531730 Fox (540)8531230
Data IM.Y11,2015 SubmlNW Number Fdglnal Application
�n
❑x Rezoning, Not OlnerMse Usled ❑ Amendmed of Proffered Conftons
❑ Rezoning. Cmdtlanel ❑ Amendms tof Plemed Unit Oevdopmeni Nan
❑ Rezoning to Ptemed Unit Dovelopmenl ❑ Amsdmenlof Caniprehe Wa Sip Ova* Dhkid
❑ Esmblehmento(Compmhendve Slgn Ovedey, Mod
f
Amass:
fzioReseweAvenueS.W.
OIAdd Tan No(s)-
11040202
F� Zoning: will Coomons
INPIID, Instltutbnd Planned Unit Oevebpmen
om
Qf mnnitiple zoos', please menue9y eMaral diahida.)
❑x VAlhOUtCmd;/aa
Ordnance Na(s). for Existing Condibm (if applk"): A
❑ Wi0 CoCand9ias
ut Concro
Requested Zoning: n05, Recreation end Open ❑x Wth
411/�X �3a.Or fllgfiIIIIYIAM
oor recreationpropoW
-
Nana -tyof Roanoke
Phone Nnnher: 5409531730
urcb AVe oanoke, VA ]401
Mail: 1planningooroonakengov
Naha tv Planning Commission, by Chad VmHyning, Chair
Phone hinter. 5409531730
Ackinae: 215 Church Avenue, S.W.- Roan 166, Roanoke, VA 24011
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ngnaaea SnplMwC
Nsns: wD. Shaw, Agent to the Nanning Commission
Rain Nlnlher. 5499535808
Ad*=: Church Avenue, S.W.- Roam 166, Roenoke, VA 24011
EMei: rulenveroanokevagov
4- — vacs
Authonzed Agenfe SignaMe:
'The Mussing na lbeerdrmltted for aiw0attoms: ROANOKE
p CaaNgafadwpFatlon ram and dhesldet.
R Milan murd a aplain6p the reaon for the request
r Metes and bands dad plion, If appiabte.
r Filing fee.
For s rewording not otherwise bW, theNornng must else be submitted
6T Concept plan maiog the Applakon Requirements of but 12(c)' in Zoning Amendment Procedure.
For a condPoonal rezoning, the b1lowirg must also be submitted
F Wdletpm6as. Se tie Cttys Guide In Proffered Conditions,
r Cmapt pia meting #*Applcaie Requh nmW of item'2(c)' In zoning Amendment Proceeds. Ptaeselabel u
dewkPmmapn' gprolfered
;Fm a planned unRMvelop to d, No iobising must also be submitted...
r Uealopment pion meeting therequramaws of Sec im 36.2.326 done Cltys Zoning Ordnanca.
.Fars coaprelnamM sign nearby dletrict, the killovii g mustbe sub ftd
F Camp et onetve slgnage plan meeting the reWtiwnma of Smboo 362 -MdX2) of the Cey9 Zoning Ordnance.
'Form anandsrordaf praffin conditlmw, the Mo ft must also be enbmXbd:
Amended dastopmem mconapt plan meeting the Appicaticn Requirements orders 7(cy in ZM" Amendment Procedures,
r 0appicade
r W ido mailers to be wnwnded. Sea be Cays Guide to Probred conditions.
r Copyof pmvtousy adopted Ordnance.
For a planned unit development ammdmod, the Wowing must also be submtted
F Amer deed dm etwmanlpfan meeting the mqurements of Secbm 35.2.326 dew (lay's Zoning Orclinarce.
F Own dpreu mdy eaopted Ondnanca
For a comprehensive sign ova* amendment. the Wowing mustsiao be submgbd:
r Amended comprehensive signage Plan meeting temqurma dSecbm36 .2436(01)titheClysZonngOrdinance
r Cc" or"wousy adopted ONrwinoe.
'For apmposd thatrequlme a tr Whopect study be sbmNled to to CRY, to WMIng must 0190 be JUIX bed:
F ATm6c vwari Sldyb mmpaenceMai Appera&&2(e) tithe C6ys Zamg Ordnmce.
Fore; pno bsi require a t aMcbwont ands be abntibd b VOOT, the f*uing mustebobe submbed�
r comrshet
r Tralic hoped metysa.
r Concept plm.
rt>ON mm Mons,awpsrable.
F Rogwredtea.
An dechmic copy done application and dwdist an be MM at wwwmenokaagov*bd by adecbg'plameg Cmma sunder
'Bards and Commla bras. A complete padetneed be submitted each time on oppidion a amended, warm otherwise aped W by
W.
Narrative
Subject Property: 31.8889 acre parcel located at 21 o Reserve Avenue,
Identified as TM#1040202.
The City of Roanoke, the owner of the subject property, requests a rezoning
from INPUD, Institutional Planned Unh Development Dlstnct, to ROS, Recreation
and Open Space District.
Prior to December 5, 2005, the property was zoned C -1, Office District. The
property was zoned INPUD an December S, 2005, as part of a comprehensive
rezoning of the City. The INPUD district was applied because the she supported
several Institutional uses including Victory Stadium, a National Guard Armory,
and the Parks A Recreation administrative offices. All three structures have
since been demolished. The land uses that led to the INPUD designation In
2005 no longer exist.
The site Is to be used for more traditional recreation and athletic uses. The
majority of the site's area remains unplanned, but there Is an Immediate need
to relocate tennis courts from Crystal Spring Park to this site.
Zoning Map
Amendment
Exhibit
Property proposed to be
rezoned from INPUD,
Institutional Planned Unit
Development to ROS,
Recreation & Open Space
District
210 Reserve Avenue SW
Official Tax Map No. 1040202
I
\14
'� ar
Proposed Use: Reaea0un and At Oa* FaOMes
�FVgN:
J �
i
` I
I i ,
Concept
Plan
210ReseweAv msW
Tam Map No. 1040202
AFFIDAVIT
APPLICANT: City Planning Commission, by Chad Van Hyning, Chair
LOCATION: 210 Reserve Avenue, S.W., Official Tax No. 1040202
REQUEST: Rezone from INPUD, Institutional Planned Unit Development,
without condition, to ROS, Recreation and Open Space
COMMONWEALTH OF VIRGINIA
) TO -WIT:
CITY OF ROANOKE )
The aftlant, 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 this a,�9-lwe— day of
"' � , 2015, notices of a public hearing to be held
on this day of `14t4� , 2015, 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
1031802
1032001
1032203
CARILION CLINIC PHYSICIANS LLC
CARILION CLINIC PROPERTIES LLC
H T B PROPERTIES LLC
PO BOX 12385 TAX DEPT
PO BOX 12385
202 S JEFFERSON ST
R0ANOKE.VA24025
ROANOKE, VA 240252385
R0ANOKE.VA24011
1032206
1032208
1032210
CARILION CLINIC PROPERTIES LLC
CARILION CLINIC PROPERTIES LLC
ROANOKE HOTEL GROUP LLC
PO BOX 12365
PO BOX 12385
2500 N DALLAS PKWY STE 600
R0ANOKE, VA24025 -2385
ROANOKE, VA 240252385
PLANO, TX 75083
1032212
1032213
1032214
CARIIJON CLINIC PHYSICIANS LLC
CARILLON CLINIC PHYSICIANS LLC
CARILION CLINIC PHYSICIANS LLC
PO BOX 12385 TAX DEPT
PO BOX 12386 TAX DEPT
PO BOX 12385 TAX DEPT
R0AN0KE,VA24025
R0MOKE, VA24025
ROANOKE. VA24025
1032215
1040102
1040201
CARILION CLINIC PHYSICIANS LLC
TIMSERBROOK PROPERTIES VI LLC
CITY OF ROANOKE MAHER FIELDS
PO BOX 12385 TAX DEPT
5100 BERNARD DR
PO BOX 1451
ROANOKE, VA24025
ROAN0KE, VA 24018
R0AN0KE,VA24007
1ND202
1090401
104040IR
CITY OF ROANOKE MAHER FIELDS
CITY OF ROANOKE (SOUTH ROANOKE PARK)
CITY OF ROANOKE
PO BOX 1451
PO BOX 1451
PO BOX 1451
R0ANOKE, VA 24007
ROANOKE,VA24001
R0AN0KE, VA 24007
1040402
WESTERN VIRGINIA WATER AUTHORITY
601 S JEFFERSON ST SW STE 20O
ROANOKE, VA24011
4060101
CITY OF ROANOKE
PO BOX 1451
R0ANOKE. VA24007
4060301
ROANOKE HOSPITAL SOUTH WING
PO BOX 12385
R0ANOKE. VA 240252385
9988889
NORFOLK SOUTHERN RAILROAD ATTN'. BILL
12W PEACHTREE ST HE 7.142
ATLANTA GA 16368
1040837
ROANOKE MEMORIAL HOSPITALS
PO BOX 12385 TAX DEPT
ROANOKE, VA24025
4060301
ROANOKE HOSPITAL SOUTH WING
PO BOX 12385
ROANOKE, VA24025-2385
4060301
ROANOKE HOSPITAL SOUTH WING
PO BOX 12385
ROANOKE, VA 240252385
9888989
NORFOLK SOUTHERN RARROADATTN: BBL
1200 PEACHTREE STNE 7.142
ATLANTA, GA 30008
r
Tina M. Carr
1040703
8 E PROPERTIES
PO BOX 12388
ROANOKE, VA24025
4060301
ROANOKE HOSPITAL SOUTH WING
PO BOX 12385
ROANOKE. VA 240252385
4060301
ROANOKE HOSPITAL SOUTH WING
PO BOX 12385
R0AN0KE, VA 240252385
Publisher of the
Roanoke Times
1, (the undersigned) an authorized representative of the
Roanoke Times, a dally newspaper published In Roanoke, In the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE Al was published in said newspapers an the
following dates:
05126,0610212015
The First insertion being given ... 0526(2016
Newspaper reference: 0000171117
Billing Representative .,
Sworn to and /Sub-scribed before me this Tuesday, June 2, 2015
State'of Virginia
CItyICOunty of Roanoke
My Commission expires
Ate; •' POTARY ��'li•
*.• REG. UBLIC
M 29
W COMDV ISSIp� Jfr
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE, THANK YOU
The Roanoke Times
Account Number
Roanoke, Virginia
6011439
Affidavit of Publication
Date
CITY OF ROANCKE POV
RECEIVED
June 02, 2015
215 CHURCH
CHURCH AVE
ROOM
RDDM 166
ROANOKE, VA 24011
JUN - 5 2015
011Y OF ROANOKE
PLANNING BUILDING & DEVELOPMENT
Dote CelWory
Descdpaon Ad Size
Tot.10.1
MM212015 Lagal Nad..
PUBLIC HEARING NOTICE All public hoarings advertised hen 1x3B6L
3,60656
Publisher of the
Roanoke Times
1, (the undersigned) an authorized representative of the
Roanoke Times, a dally newspaper published In Roanoke, In the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE Al was published in said newspapers an the
following dates:
05126,0610212015
The First insertion being given ... 0526(2016
Newspaper reference: 0000171117
Billing Representative .,
Sworn to and /Sub-scribed before me this Tuesday, June 2, 2015
State'of Virginia
CItyICOunty of Roanoke
My Commission expires
Ate; •' POTARY ��'li•
*.• REG. UBLIC
M 29
W COMDV ISSIp� Jfr
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE, THANK YOU
Any person Mlh a dhxbility requiring
any ¢Mabel Mcomm mtw t0 BUOM
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Zoning appPais
(1111121
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.
A copy of the applications, the proposed ordinance to amend the zoning ordinance, the proposed
ordinance to amend the Fee Compendium, and the proposed amendment to Vision 2001 -2020,
the City's Comprehensive Plan, are available for review in the Department of Planning,
Building, and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 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 the Department of 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 June 8, 2015, at 1:30
p.m., or as soon as the matters may be heard, to consider these matters and applications:
Amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,
as set forth below:
1. Sec. 36.2 -311, Use table for residential districts, to delete applicability of regulations
relating to spacing, maximum occupancy, and open space for Group care facilities; change
Group care facility, congregate home, elderly, and Group care facility, nursing home, from
permitted uses to special exception uses in the Residential Multifamily District; delete Home
occupation, personal service, as a permitted use in certain residential districts; add homestay as a
new special exception use in all residential districts; and add regulations prohibiting exterior
changes, limiting the number of guests and lengths of stays, and requiring the owner or
leaseholder to occupy a dwelling unit during any guest stay at a homestay;
2. Sec. 36.2 -312, Dimensional regulations for residential districts, clarifying how certain
maximum lot frontages are determined for a comer lot;
3. Sec. 36.2 -315, Use table for multiple numose districts, to add Campground as a special
exception use in the Commercial - General, Commercial -Large Site, Recreation and Open Space,
and Urban Flex Districts; to delete applicability of regulations relating to spacing, maximum
occupancy, and open space for Group care facilities; to add Place of worship as a permitted use
in the Urban Flex District; to add Homestay as a special exception use in the Mixed Use District
and as a permitted use in the Commercial- Neighborhood, Commercial - General, Commercial -
Large Site, Downtown, and Urban Flex Districts; and to add regulations prohibiting exterior
changes, limiting the number of guests and lengths of stays, and requiring the owner or
leaseholder to occupy a dwelling unit during any guest stay at a homestay;
4. Sec. 36.2 -316, Dimensional regulations for multiple pumose districts, to increase the
maximum lot area from 2 acres to 3 acres in the Urban Flex District; to increase the maximum
height in the Recreation and Open Space District from 35 feet to 60 feet in certain circumstances;
to increase the maximum impervious surface area allowed in the Recreation and Open Space
District from 15% to 80 %/ to clarify how certain maximum lot frontages are determined for lots
with two frontages; and to make certain regulations pertaining to the location, height and aiming
cutoff angles of certain outdoor lighting exempt from maximum height regulation for a district
but subject to the granting by special exception by the board of zoning appeals under certain
circumstances;
5. Sec. 36.2 -322, Use table for industrial districts, to add Amphitheater, Entertainment
establishments, Parks or playgrounds, Recreation, outdoor, and Outdoor recreation facility
lighting or sports stadium lighting as permitted uses in certain industrial districts;
6. Sec. 36.2 -326, Procedural requirements for planned unit development districts, to specify
that a PUD plan shall be established or amended in accordance with Sections 36.2 -540, Zoning
Amendments, and 36.2 -541, Conditional Rezonings;
7. Sec. 36.2 -327, Use table for planned unit development districts, to add Campground as a
permitted use in certain planned unit development districts; and to delete applicability of
regulations relating to spacing, maximum occupancy, and open space for Group care facilities;
8. Sec. 36.2 -405, Bed and breakfast, to rename the section; to add regulations relating to
homestays and prohibiting exterior changes, limiting the number of guests and lengths of stays,
and requiring the owner or leaseholder to occupy a dwelling unit during guest stays at a
homestay; and to combine such regulations pertaining to homestays with regulations pertaining
to Bed and breakfast uses;
9. Sec. 36.2 -412, Group care facilities, to delete regulations relating to spacing, maximum
occupancy, and open space for Group care facilities;
10. Sec. 36.2 -418, Motor vehicle or trailer painting and body repair, to correct a
typographical error;
11. Sec. 36.2 -429, Temporary uses, to permit camping in conjunction with public events on
property within 1,000 feet of the public event for the duration of a public event;
12. Sec. 36.2 -540, Zoning amendments, advising that fees for notices of public hearing shall
be set forth in the Fee Compendium of the City; and establishing that failure to post public
notification of certain actions by the zoning administrator as a courtesy to the public would not
constitute cause to cancel or reschedule any public hearing or challenge any decision or
recommendation upon appeal;
13. Sec. 36.2 -560, Special exceptions, advising that fees for notices of public hearing shall be
set forth in the Fee Compendium of the City; and establishing that failure to post public
notification of certain actions by the zoning administrator as a courtesy to the public would not
constitute cause to cancel or reschedule any public hearing or challenge any decision or
recommendation upon appeal;
14. Sec. 36.2 -561, Variances, advising that fees for notices of public hearing shall be set forth
in the Fee Compendium of the City; and amending standards, conditions and guarantees, and
conforming status regulations to be consistent with Code of Virginia amendments that become
effective on July 1, 2015, to allow under certain circumstances the granting of a variance if the
terms of a zoning ordinance would unreasonably restrict the use of property or would cause a
hardship due to certain conditions, notwithstanding any other provisions of law, general or
special;
15. Sec. 36.2 -562, Appeals to board of zoning appeals, advising that fees for notices of public
hearing shall be set forth in the Fee Compendium of the City;
16. Sec. 36.2 -563, Appeals from board of zonine appeals, to set forth amount of evidence
needed by an appealing party during any appeal in circuit court, to set forth the standard of
review for a circuit court, and other procedural matters required by Code of Virginia
amendments that became effective on July 1, 2015;
17. Sec. 36.2 -571, Zoning violations, adding a provision that notice of a zoning violation
may be given to the owner of the subject property;
18. Sec. 36.2 -644, Overall tree canopy requirements, to provide an exemption from
landscaping requirements for certain types of projects;
19. Sec. 36.2 -645, Street yard trees, to delete the section and to designate the section as
Reserved;
20. Table 652 -2, Required Parking Spaces, to delete the maximum parking requirement for
Community gardens;
21. Sec. 36.2 -653, Maximum au rkinE, to increase the percentage by which maximum parking
may be exceeded with a special exception from 175% to 200 %;
22. Sec. 36.2 -654, Parking and loading area standards, to delete a prohibition against parking
spaces being located between the right -of -way and a principal building in the Neighborhood
Design Overlay District;
23. Table 654 -1, Parking and Loading Area Standards, amending regulations as they apply to
residential developments of four or fewer units to provide for exceptions to maximum front yard
coverage, maximum cumulative driveway width, maximum individual driveway width, and to
reduce minimum driveway width to seven (7) feet;
24. Table 668 -1, Tine Number, and Size of On- Premises Signs, to allow one freestanding
sign for the first 200 feet of lot frontage then one additional sign for each additional 200 feet of
lot frontage in the Commercial -Large Site District;
25. Sec. 36.2 -669, Changeable cony signs and electronic readerboard signs, to establish a
maximum size of signs in the CN, D, and IN districts of 25 square feet;
26. Sec. 36.2 -675, Outdoor advertising signs, allowing certain outdoor advertising signs to be
authorized by the Virginia Department of Transportation;
27. Sec. 36.2 -834, Quorum and vote, to amend rules for the board of zoning appeals to
require the board to offer equal time to parties and the staff of the City of Roanoke;
28. Sec. 36.2 -836, Rules and records, to allow ex parte communications with members of the
board of zoning appeals under certain circumstances and to require the dissemination of
materials to certain interested parties within a certain period of time;
29. Sec. 36.2 -837, Powers and duties, to specify how an appeal of a zoning administrator
determination is to be considered; and to specify that the burden of proof is on the appellant to
show justification for a variance,
30. Sec. 36.2 -841, Powers and duties, to allow the zoning administrator to grant a
modification under a condition that the strict application of the zoning ordinance would
unreasonably restrict the use of the property;
31. Appendix A, Definitions, to add definitions for Campground and Homestay; to amend the
definition of Group home to include a residential facility in which no more than eight (8) persons
who are recovering from addiction to alcohol or drugs may reside, but such persons are not
currently using or addicted to alcohol or drugs; and to amend the definition of a Variance; and
32. Appendix B, Submittal requirements, B -1, Basic Development Plan, allowing specific
information on tree canopy to be substituted with appropriate statements on the development
Plan.
The ordinance adopting the zoning amendments described above shall have an effective date of
July 1, 2015.
A request by the City of Roanoke to rezone property located at 210 Reserve Avenue, S.W.,
bearing Official Tax Number 1040202, from INPUD, Institutional Planned Unit Development
District, to ROS, Recreation and Open Space District. The proposed use is athletic fields. The
land use categories permitted in the ROS District include commercial; assembly and
entertainment; public, institutional and community facilities; transportation; utility; agricultural;
and accessory with no maximum floor area ratio listed. The comprehensive plan designates the
property for Recreational /Institutional use.
A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's
comprehensive plan, to establish an urban development area within the entire City of Roanoke.
A request by the City of Roanoke to consider an ordinance amending the Fee Compendium of
the City to establish new fees for legal advertisements for zoning amendments, special
exceptions, variances, and appeals to the board of zoning appeals, such new fees having an
effective date of July I, 2015.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid matters and applications on June 15,
2015, 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 June 10, 2015, at
1:00 p.m., or as soon as the matter may be heard, to consider these applications:
Application filed by Roselawn Realty Investment, LLC, for portions of property located at 4218
Welcome Valley Road, S.E., bearing Official Tax Nos. 5370101, 5370102, 5370103, and
5390201, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of
Roanoke (1979), as amended, to permit an asphalt plant.
Application filed by Roekydale Quarries Corporation for property located at 4754 Old Rocky
Mount Road, S.W., bearing Official Tax Nos. 5370105 and 5370106, for a special exception
pursuant to Section 36.2 -322, Zoning Code of the City of Roanoke (1979), as amended, to permit
a quarry.
Application filed by Shawn D. Law for property located at 315 24`h Street, N.W., bearing
Official Tax No. 23 10 101 for a special exception pursuant to Section 36.2 -707, Zoning, Code of
the City of Roanoke (1979), as amended, to replace one non - conforming use (place of worship)
with another (community market).
Tina M. Carr, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, May 26, 2015, and Tuesday, June 2, 2015.
Please bill and send affidavit of publication to:
Tina M. Carr
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.caff@roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
A
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE amending and reordaining Section 36.2-311, Use table for residential
districts; Section 36.2 -312, Dimensional regulations for residential districts; Section 36.2 -315,
Use table for multiple purpose districts; Section 36.2 -316, Dimensional regulations for multiple
purpose districts; Section 36.2 -322, Use table for industrial districts Section 36.2 -326,
Procedural requirements for planned unit development districts; Section 36.2 -327, Use table for
planned unit development districts; Section 36.2 -405, Bed and breakfast; repealing Section 36.2-
412, Group care facilities; amending and reordaining Section 36.2 -418, Motor vehicle or trailer
painting and body repair; Section 36.2 -429, Temporary uses; Section 36.2 -540, Zoning
amendments; Section 36.2 -560, Special exceptions; Section 36.2 -561, Variances; Section 36.2-
562, Appeals to board of zoning appeals; Section 36.2 -563, Appeals from board of zoning
appeals; Section 36.2 -571, Zoning violations; Section 36.2 -644, Overall tree canopy
requirements; repealing Section 36.2 -645, Street yard trees; amending and reordaining Table
652 -2, Required Parking Spaces; Section 36.2 -653, Maximum parking; Section 36.2 -654,
Parking and loading area standards; Table 654 -1, Parking and Loading Area Standards; Table
668 -I, Type Number, and Size of On- Premises Sims; Section 36.2 -669, Changeable copy signs
and electronic readcrboard signs; Section 36.2 -675 -Q � — ns'; Section 36.2 -834,
Quorum and vote; Section 36.2 -836. Rules and records; Section 36.2 -837, Powers and duties;
Section 362 -841, Powers and duties; Appendix A. Definitions; Appendix B, Submittal
requirements, B -1, Basic Development Plan; of Chapter 36.2, Zoning, of the Code of the City of
Roanoke (1979), as amended; for the purposes of amending and reordaining, combining and
renumbering adding or repealing, the following code sections to update, clarify and make the
mum
City's zoning ordinance easier to use for its citizens and consistent with state law; providing for
an effective date; 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. Chapter 36.2, Zonin , of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained, to read and provide as follows:
Sec. 36.2 -311. Use table for residential districts.
District RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMF .Supplemental '...
Regulation
Section
Accommodations and Group Living Uses
Group care facility, S S 36..2 1 E2
congregate home, elderly
Group care facility, S RS q6.2 412
congregate home, not
otherwise listed
Group care facility, S S �o a -4-'10
group care home
Group care facility, S S 36.2 412
halfway house
Group care facility, €S 36.2 4-12
nursing home
Group care facility, 36mss
transitional living facility
Accessory Uses
Home occupation, P P P R p P I-' P 36.2 -413
personal service
Homcstay S S S S S S S S 36.2-405
1
610 15
Sec. 36.2 -312. Dimensional regulations for residential districts
District RA R -12 R -7 R -5 '', R -3 ',RM -I RM -2 RMF
Where a maximum lot frontage is specified for a district, such maximum shall apply to only one
frontage of a corner lot.
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No" means the requirement does not apply.
"None" means there is no requirement.
3
6 10 15
Sec. 36.2 -315. Use table for multiple purpose
districts.
District MX CN CG '.CLS
D IN EROS OF
Supplemental
Regulation Section
Accommodations and Group Living
Campground S
S S
S
*
Group care facility, congregate '.S
'61 4L2
home, elderly
Group care facility, nursing S
- "-6 2 41" 7
home
Assembly and Entertainment Uses
*
Place of worship P P
P P P
P
Accessory Uses
s :
*
Ilomestay S P P
P P
P
36.2 -405
Sec. 36.2 -316. Dimensional regulations for multiple purpose
districts.
MX CN CG
CLS D
IN
ROS OF
* *
*
Lot area Minimum 5,000 5,000 10,000
43,560 'None
None
.None '.None
(square Maximum None 87,120 130,680
None None
217,800
None 97A20
feet)
130,680
3
6 10 15
MX CN
Height Property 45 45
maximum abutting
(feet) residential
district
CG CLS
45 1 foot for
each foot
of setback
from any
abutting
residential
lot
D IN
I foot 40
for each
foot of
setback
from
any
abutting
resident
is] lot
Property 45 45 None '.None None 40
not
abutting a
residential
district
Impervious surface area 70 100 85 s0 100 80
maximum (percentage of
lot area)
ROS OF
15 60
I fool for
each foot
of setback
from any
abutting
residential
lot, not to
exceed 60
Icct
3360 60
+580 100
* * *
*Except townhouses and multifamily dwellings, minimum fagade transparency for these uses is
20 percent.
Where a maximum lot frontage is specified, the maximum shall apply only to a primary street
frontage as determined by application of Section 36.2- 319(b).
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No" means the requirement does not apply.
"None" means there is no requirement.
* * *
Sec. 36.2 -322. Use table for industrial districts.
District
Assemblv and Entertainment Uses
Amphitheatre
I -1 I -2 AD Supplemental
Regulation
Section
4
6 9015
P P
4
6 9015
District 1 -1 1 -2 AD 'Supplemental
Regulation
Section
Entertainment establishment, abutting a residential district P P
Entertainment establishment, not abutting a residential P P
district
* * *
Park or playground 1, P P
Recreation. outdoor P P P
Accessory Uses
* * *
Outdoor recreation facility lighting or sports stadium P P P 36.2 -403
lighting
Sec. 36.2 -326. Procedural requirements for planned unit development districts.
* *
(1) The procedure for establishing or amending a PUD plan shall be as
prescribed in Sections 362 -540, Zoning, Amendments; and 36.2 -541,
Conditional Rezonines, if applicable.
Sec. 36.2 -327. Use table for planned unit development districts.
MXPUD INPUD IPUD Supplemental
Regulation
Section
Accommodations and Group Living
* * *
Campground P P
Group care facility, congregate home, elderly, P P 36.2'412 ^1710
Group care facility, congregate home, not otherwise P ?6.2- 412
41
listed
Group care facility, group care home P "6.2 412
Group care facility, halfway house P "6.2 —1^12
S
6 40 15
Group care facility, nursing home p p �, 36 2 411
Group care facility, transitional living facility P '6 2 4 1_
See. 36.2 -405. Bed and breakfast and homestay establishments.
(a) Applicability. The supplemental regulations set out in this section shall
apply to bed and breakfast and homestay establishments permitted by this
chapter as of right or by special exception.
�}},���
r°T Lcejuiefl oequiremeHtS. I, _ _ g district ., hieb bed
(e)(b) r'- °' °Standards for bed and breakfast establishments.
(1) Such establishments shall be located within a single- family
detached dwelling
(44(2) No exterior changes to the single - family detached dwelling
occupied by the bed and breakfast shall be permitted unless such
change is required by the Zoning Administrator for safety purposes
or such change can be shown to be in harmony with the structure's
architectural and historic value.
(24(3) The owner of the single - family detached dwelling occupied by the
bed and breakfast establishment shall reside in the dwelling.
(3)(4) No more than six (6) guest sleeping rooms shall be utilized for a
bed and breakfast establishment and the number of guest occupants
shall not exceed twelve (12).
(4)(5) Rooms shall be rented only on a daily basis.
(5)(6) One (1) sign attached to the building shall be permitted. Such sign
shall have a sign area not exceeding two (2) square feet and shall
not be illuminated.
({4(7) Only accessory uses or structures which are incidental and
subordinate to a single- family detached dwelling shall be permitted
in conjunction with a bed and breakfast establishment.
(c) Standards for homestay establishments.
(1) No changes shall be made to the exterior of the building occupied
by the homestay.
(2) The homestay shall have no more than two (2) bedrooms for guests
and shall be designed to accommodate no more than four (4) total
guests.
(3) Rooms shall be rented only on a daily or weekly basis. Stays shall
not exceed 14 days.
(4) -fhe owner or leaseholder shall also occupy the dwelling unit
during guest stays.
6
610Is
Sec. 36.2 -412. Grerufr� (Reserved)
Aff-pose. The intent of the rpg lations A, Ns is to perrmit !he
deNelopment (41-g
the City, to ensure eompatibili!) ef these uses V ithill the fleighbaFhoods ill
q)H
any group care f�cility pennitied b5 this ehapier.
(c) < aka<fr
Square t ....n
RA4F 300
W x 400
• • mn
n gFeup care f�oiiity sliall pravide-orre4varudred4400)
of usable [)Pen space per Ouuupaa�.
7
610IS
Sec. 36.2 -418. Motor vehicle or trailer painting and body repair.
(c) Additional standards in the 1 -1 and 1 -2 Districts. In addition to the general
standard set forth in subsection (a), above, a motor vehicle or trailer
painting and body repair establishment in the Light Industrial District (1 -1)
or the Heavy Industrial District (1 -2) shall be subject to the following
requirements:
*
(2) The outdoor storage area shall be accessory to a building on the
same lot and shall have a maximum area of no greater than eighty
(80) percent of the gross floor area of the building.: mul
Sec. 36.2 -429. Temporary uses.
(e) Public events. For purposes of this section, a "public event" means an
event, series of events, or organized activities for a historical, social,
educational, cultural, or special theme, held for a limited period of time
and open to the public. Temporary public events shall include, without
limitation, carnivals, festivals, exhibits, outdoor dance, fundraisers, fairs,
and concerts. Camping areas for tents and recreational vehicles may be
established on properties within 1,000 feet of the public event for the
duration of the public event. Public events, including associated
temporary structures such as tents, shall be permitted as set forth in Table
429 -1, except that:
(1) The following public events shall be exempt from the requirements
of a zoning permit:
(A) FN cnts that use no tents or air - supported structures that:
(1) Cover an area greater than nine hundred (900)
square feet; or
(it) Have an occupant load greater than fifty (50)
persons.
(B) Events that use no temporary structures greater than one
hundred twenty (120) square feet in area;
(C) Events that are accessory in nature to the primary use of the
property on which the event is being held;
(D) Events that do not use amusement devices requiring a
building permit; and
(E) Events lasting four (4) days or less.
8
6 10 11
(2) A temporary structure, including any tent, may be permitted to
remain on site for a period of not more than two (2) calendar days
following the time period for which the zoning permit for the
temporary public event is issued;
(3) Adequate provision shall be made for utility services; and
(4) Such public event shall not occur between the hours of 2:00 a.m.
and 6:00 a.m.
Sec. 36.2 -540. Zoning amendments.
. . s
(f) Notice of hearing. Prior to conducting any public hearing required by this
chapter before the City Council or the Planning Commission, notice shall
be given as required by Section 15.2 -2204 of the Code of Virginia (1950),
as amended. The expense of advertising shall be home by the applicant.
Fees for such advertisements shall be as set forth in the City of Roanoke's
Fee Compendium and as adopted by City Council in accordance with
Section 15.2 -107 of the Code of Virginia (1950), as amended. Any
affidavits required by Section 15.2 -2204, Code of Virginia (1950), as
amended, shall be filed with the City Clerk. In addition, and as a courtesy
to the general public, at least ten (10) business days prior to the public
hearing before the Planning Commission, the Zoning Administrator shall
erect a sign indicating the zoning district requested, identification of the
subject property, and the time, date, and place of such public hearing as set
forth in the schedule below:
Scope of Rezoning Application
Application to rezone 125 tax
parcels, or portion thereof
Application to rezone 26 -100
tax parcels, or portion thereof
Comprehensive rezoning (over
100 properties)
Sign Posting Requirements
I sign per street frontage of contiguous subject tax
parcels
I sign per intersection constituting the perimeter of
the area proposed to be rezoned
No sign posting required
Failure by the zoning administrator to comply with the requirement of posting a sign on
the subject property shall not be a ground for cancelling rescheduling or continuing a
public hearing at the request of any applicant or interested person or entity on any matter
otherwise properly advertised for public hearing in accordance with Section 15.2 -2204 of
the Code of Virginia (1950), as amended. No decision or recommendation by either the
Planning Commission for the City of Roanoke, the City Council for the City of Roanoke
or the Board of Zoning Appeals for the City of Roanoke shall be subject to challenge
9
6 10 95
solely on the ground that the zoning administrator failed to comply with the requirement
of posting a sign on the subject property.
Sec. 36.2 -560. Special exceptions.
(b) Procedures.
(1) Applications for special exceptions may be made by any property
owner, tenant, government official, department, board, or bureau.
Such application shall be filed with the Zoning Administrator in
accordance with rules adopted by the Board of Zoning Appeals.
Upon receipt of a complete application for a special exception, the
Board of Zoning Appeals shall hold a public hearing after giving
notice as provided in Section 15.2 -2204, Code of Virginia (1950),
as amended. However, when giving any required notice to the
owners, their agents, or the occupants of abutting property and
property immediately across the street or road from the property
affected, the Board may give such notice by first class mail rather
than by registered or certified mail. In addition to meeting the
requirements of Section 15.2 -2204, and as a courtesy to the general
public, the Zoning Administrator shall erect a sign indicating the
nature of the special exception requested, identification of the
subject property, and the time, date, and place of such public
hearing at least ten (10) business days prior to the public hearing
before the Board of Zoning Appeals. Failure by the zoning
administrator to comply with the requirement of posting a sign on
the subject property shall not be a ground for cancelling,
rescheduling or continuing a public hearing at the request of any
applicant or interested person or entity on any matter otherwise
properly advertised for public hearing in accordance with Section
15.2 -2204 of the Code of Virginia (1950), as amended. No
decision or recommendation by tither the Planning Commission
for the City of Roanoke, the City Council for the City of Roanoke
or the Board of Zoning Appeals for the City of Roanoke shall be
subject to challenge solely on the ground that the zoning
administrator failed to comply with the requirement of posting a
sign on the subject property. The expense of legal advertisement
required by Section 15.2 -2204 shall be borne by the applicant.
Fees for such advertisements shall be as set forth in the City of
Roanoke's Fee Compendium and as adopted by City Council in
accordance with Section 15.2 -107 of the Code of Virginia (1950),
as amended.
10
6 101
Sea 36.2 -561. Variances.
(b) Procedures.
(l) Applications for variances may be made by any property owner,
tenant, government official, department, board, or bureau. Such
application for a variance shall be filed with the Zoning
Administrator. Upon receipt of a complete application for a
variance, the Board of Zoning Appeals shall hold a public hearing
after giving notice as provided in Section 15.2 -2204, Code of
Virginia (1950), as amended. However, when giving any required
notice to the owners, their agents, or the occupants of abutting
property and property immediately across the street or road from
the property affected, the Board may give such notice by first class
mail rather than by registered or certified mail. No variance shall
be in ththori °a °onsidered except after such appeal, notice, and
public hearing. The expense of legal advertisement shall be borne
by the applicant. Fees for such advertisements shall be as set forth
in the City of Roanoke's Fee Compendium and as adopted by City
Council in accordance with Section 15.2 -107 of the Code of
Virginia (1950), as amended.
(c) Standards for considering a variance. Notwithstanding any other
provision of law, general or special, a variance shall be granted if the
evidence shows that the strict application of the terms of the ordinance
would unreasonably restrict the utilization of the property or that the
granting of the variance would alleviate a hardship due to a physical
condition relating to the property or improvements thereon at the time of
the effective date of the ordinance, and
(1) the property interest for which the variance is being requested was
acquired in good faith and any hardship was not created by the
applicant for the variance;
(2) the granting of the variance will not be of substantial detriment to
adjacent property and nearby properties in the proximity of that
geographical area;
(3) the condition or situation of the property concerned is not of so
general or recurring a nature as to make reasonably practicable the
formulation of a general regulation to be adopted as an amendment
to the ordinance;
(4) the granting of the variance does not result in a use that is not
otherwise permitted on such property or a change in the zoning
classification of the property; and
(5) the relief or remedy sought by the variance application is not
available through a special exception process or the process for
n
6IfA 15
modification of a zoning ordinance at the time of the filing of the
variance application.
(d) Conditions and guarantees. In grantingatoluniz ns a variance the board
may impose such conditions regarding the location, character and other
features of the proposed structure or use as it may deem necessary in the
public interest, and may require a guarantee or bond to ensure that the
conditions imposed are being and will continue to be complied with.
(e) Conforming status. Notwithstanding any other provision of law, general
m special, the property upon which a property owner has been granted a
variance shall be treated as conforming for all purposes under state law
and the zoning ordinance; however, the structure permitted by the variance
may not be expanded unless the expansion is within an area of the site or
part of the structure for which no variance is required under the zoning
ordinance. Where the expansion is proposed within an area of the site or
12
bJ Oli
part of the structure for which a variance is required, the approval of an
additional variance shall be required.
Sec. 36.2 -562. Appeals to board of zoning appeals.
(b) Procedures.
(3) Upon receipt of a notice of appeal, the Board of Zoning Appeals
shall fix a reasonable time for the hearing of the appeal and make
its decision within ninety (90) calendar days of the filing of the
appeal. Notice of the public hearing shall be given as provided by
Section 15.2 -2204, Code of Virginia (1950), as amended.
However, when giving any required notice to the owners, their
agents, or the occupants of abutting property and property
immediately across the street or road from the property affected,
the Board may give such notice by first -class mail rather than by
registered or certified mail. Fees for such advertisements shall be
as set forth in the City of Roanoke's Fee Compendium and as
adopted by City Council in accordance with Section 15.2 -107 of
the Code of Virginia (1950). as amended.
Sec. 36.2 -563. Appeals from board of zoning appeals.
(d) If, upon the hearing, it shall appear to the court that testimony is necessary
for the proper disposition of the matter, it may take evidence or appoint a
commissioner to take evidence as it may direct and report the evidence to
the court with his findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determination of the
court shall be made. The court may reverse or affirm, wholly or partly, or
may modify the decision brought up for review.
(f) In the case of an appeal by a person of any decision of the Board of
Zoning Appeals that denied or granted an application for a variance, or
application for a special exception, the decision of the Board of Zoning
Appeals shall be presumed to be correct. The petitioner may rebut that
presumption by proving by a preponderance of the evidence, including the
record before the board of zoning appeals, that the board of zoning appeals
erred in its decision.,JuivVina, to the satisfaetion of the coaut that the Board
diseretien flie Beard ZoningAppeals is mN the
decision the
of of elved,
Beard 1 in
of
[t..
of .6Lns�pp6a,3 va:—p fl�i "Fong and
purpose
fiolatiaC
13
6 10 15
(g) In the case of an appeal by a person of any decision of the board of zoning
appeals that denied or granted application for a special exception, the
decision of the board of zoning appeals shall be presumed to be correct.
The petitioner may rebut that presumption by showing to the satisfaction
of the court that the board of zoning appeals applied erroneous principles
of law, or where the discretion of the board of zoning appeals is involved,
the decision of the board of zoning appeals was plainly wrong, was in
violation of the purpose and intent of the zoning ordinance, and is not
fairly debatable.
(g(h) Costs shall not be allowed against the Board, unless it shall appear to the
court that it acted in bad faith or with malice in making the decision
appealed from. In the event the decision of the Board is affirmed and the
court finds that the appeal was frivolous, the court may order the person or
persons who requested the issuance of the writ of certiorari to pay the
costs incurred in making the return of the record pursuant to the writ of
certiorari. If the petition is withdrawn subsequent to the filing of the
return, the Board may request that the court hear the matter on the
question of whether the appeal was frivolous.
* * *
See. 36.2-57 1. Zoning violations.
(b) procedures upon discovery of violation. If the Zoning Administrator finds
that any provision of this chapter is being violated, the Zoning
Administrator shall provide a written notice to the owner or the person
responsible for such violation, indicating the nature of the violation and
ordering the action necessary to correct it.
Sec. 36.2 -644. Overall tree canopy requirements.
(a) Definition of tree canopy. For purposes of this section, "tree canopy" shall
include all areas of coverage by existing plant materials exceeding five (5)
feet in height, and the extent of planted tree canopy at maturity shall be
based on the "canopy at 20 years" as set forth in Table 642 -I. Where an
existing tree is not listed in Table 642 -1, 'canopy at maturity" shall be
based on the published reference text, Manual of Woody Landscape
Plants, fifth edition, 1998, by Michael A. Dirr.
(b) Applicability.
(1) This section shall apply to any development that requires
submission of a comprehensive development plan or a basic
14
6 10 15
development plan, except that
(A) Dedicated school sites, playing fields, and other
nonwooded recreation areas, and other facilities and uses
of a similar nature, shall be exempt from the
requirements of this section.
(B) Construction of an addition to or accessory structure
associated with an existing single family or two- family
dwelling, provided that no required trees are removed as
part of the project, shall be exempt from the
requirements of this section.
Sec. 36.2 - 645. ° trees. (Reserved)
Deoidueus trees, as set forth in S-etion 36.2 612, Table 642 1, !;hall be pfw idedbet�een
the building line and an5 street Fight of way when such building line is twerity fiN e (25)
feet of more fro or the ab tthi s street fight of One ( \ , 1. tFee shall be pre N ided for
each fifty (50) feet of lot fiomHge, Hf portion thereof, exul -, i-P, of any perimeter parkim,
area landscaping StFips as required in 36.2
Table 652 -2. Required Parking Spaces
Use Minimum Number of Parking Spaces Required Maximum
Calculated as I Space for Each Specified Unit Parking
* * *
Public, Institutional or Community Facilities
Community garden None '.V
Sec. 36.2 -653. Maximum parking.
(d) Maximum parking standards may be exceeded with the approval of the
Board of Zoning Appeals, subject to the following provisions:
(3) The total number of parking spaces created for any use shall be
established by the Board, but in no case shall the total number of
parking spaces provided exceed two hundred (200) one hundred
eveiily ) percent of the minimum number of spaces
required; and
15
6 10 15
* **
Sec. 36.2 -654. Parking and loading area standards.
* *
(b) Construction and location standards. Parking and loading areas shall
comply with the construction standards listed below and as shown in
Table 654.1:
* *
(5) in the Neighborhood -Design ONerlay DiStHO! (ND), no Parkin
spaees. if pros ideih shall be Permitted betv een the fight of m ii� o
a s!Feet and the principal-building. in the case of a emnef let, thi!
a 'shall apply street heritage . containing the
1 m
(6)(5) In any PUD District, the parking and loading area standards will be
established on the development plan.
Table 654 -1. Parking and Loading Area Standards
Dimensional Standards:
Front yard coverage:
30 percent of the lot area
No maximum
Maximum area of driveways
between the right -of -way and
and parking areas in
the building line
established front yard
Exception:
'I he maximum area specified
shall not apply to any areas
where a permcable paver
system is used.
Width: Cumulative width of
Cumulative width of driveway
Cumulative width of driveway
all driveway entrances at
'entrances shall not exceed 30
entrances shall not exceed 30
frontage
percent of the lot frontage
percent of the lot frontage
Exception:
Neeption:
18 feet minimum width for all
Exceptions:
lots
10 feet minimum width for all
lots
The maximum width specified
shall not apply to any areas
where a permeable paver
system is used.
16
611415
Width: Minimum individual -10 feet —7 feel
R -12, R -7, R -5, R -3, R -A,
driveway width (applies E —Pn+ :
RM -1
between right -of -way and Aetual paN ed - i th of d i '°
° One way: 10 feet
building line) may be reduced to 8.5 fee ,m,
Two way: 18 feet
Su4id- p<+ and 7 fleet fia
v iand �,r
. ititie.,.,, '
RM -2, RMF, all multiple
(width considered toteet
for purpose districts
p c ��)
One wa Y 12 feet
Two way: 15 feet
Width: Maximum individual
driveway width (applies
between right -of -way and
building line)
20 feet or half of the front lot
line length, whichever is less
Exceptions:
For lots having it primary street
frontage of 90 feet or greater,
the maximum width shall be 30
feet.
Maximum driveway width shall
not apply to any areas where a
permeable paver system is used.
Industrial districts
One way: 12 feet
Two way: 18 feet
R -12, R -7, R -5, R -3, R -A,
RM -I
One way: 12 feet
Two way: 24 feet
RM -2, RMF, all multiple
purpose districts
One way: 15 feet
Two way: 24 feet
Industrial districts
One way: 18 feet
Two way: 30 feet
Table 668 -1. Type, Number, and Size of On- Premises Signs
District Type Maximum Maximum Maximum Maximum Permitted
permitted Number of Sign Area Sign Area Height ,Characteristics
Signs
* * *
CLS Freestanding l sign structure I sf per if of
per-for first 200 lot frontage
linear feet of lot
frontage. 1
additional sign
for each
additional 200
feet of lot
frontage up to 4
signs
150 sf per 25 ft Illuminated
sign Changeable
structure copy
Electronic
readerboard
n
6x10:Is
District Type Maximum
Permitted Number of
Signs
CLS Building- None
mounted
,Upper -story None
Maximum Maximum Maximum .Permitted
Sign Area Sign Area Height Characteristics
32 sf plus I sf None
per If of
building face
or storefront
over 32 If,
plus additional
area per §
36.2 -677
10% of facade None
area,
maximum 300
sf
*
Not Illuminated
Applicable Changeable
copy
Electronic
readerboard
Not Illuminated
Applicable
Sec. 36.2 -669. Changeable copy signs and electronic readerboard signs.
(b) Electronic readerboard signs shall be subject to these requirements:
(3) An electronic readerboard in a CN, D, IN, or CG District
shall not exceed twenty -five (25) square feet in sign area.
Sec. 36.2, -67A5. Outdoor advertising signs.
jj
w+
(g) Any outdoor advertising sign for which a building permit was issued in
accordance with this chapter prior to VDOT certification of this article,
but which could not be permitted by VDOT due to the absence of such
certification, shall be permitted when such certification is obtained.
* * *
See. 36.2 -834. Quorum and vote.
Is
6 10 15
(c) The board shall offer an equal amount of time in a hearing on any case to
the applicant, appellant or other person aggicved that it offers to the staff
of the City of Roanoke.
See. 36.2 -836. Rules and records.
* *
(d) Ex parte communications, proceedings.
(1) The non -legal staff of the govcming body may have ex parte
communications with a member of the board prior to the hearing
but may not discuss the facts or law relative to a particular case.
The applicant, landowner or his agent or attorney may have ex
pane communications with a member of the board prior to the
hearing but may not discuss the facts or law relative to a particular
case. If any ex parte discussion of facts or law in fact occurs, the
party engaging in such communication shall inform the other party
as soon as practicable and advise the other party of the substance
of such communication. For purposes of this section, regardless of
whether all parties participate, ex parte communications shall not
include (i) discussions as part of a public meeting or (ii)
discussions prior to a public meeting to which staff of the
governing body, the applicant, landowner or his agent or attorney
arc all im ited.
(2) Any materials relating to a particular casc, including a staff
recommendation or report famished to a member of the board,
shall be made available without cost to such applicant, appellant or
other aggrieved person, as soon as practicable thereafter, but in no
event more than three business days of providing such materials to
a member of the board. If the applicant, appellant or other
aggrieved person requests additional documents or materials be
provided by the locality other than those materials provided to the
board, such request shall be made pursuant to Section 2.2 -3704 of
the Code of Virginia (1950), as amended. Any such materials
furnished to a member of the board shall also be made available for
public inspection pursuant to subsection F of Section 2.2 -3707 of
the Code of Virginia, (1950), as amended.
(3) For the purposes of this section, "non-legal staff of the governing
body" means any staff who is not in the Office of the City
Attorney for the City of Roanoke, or for the board, or who is
appointed by special law or pursuant to Section 15.2 -1542 of the
Code of Virginia (1950), as amended. Nothing in this section shall
preclude the board from having ex parte communications with any
attorney or staff of any attorney where such communication is
19
6 1015
protected by the attorney-client privilege or other similar privilege
or protection of confidentiality.
(4) This section shall not apply to cases where an application for a
special exception has been filed pursuant to Section 36.2 -560.
Sec. 36.2 -837. Powers and duties.
(a) Appeals to the Board. The Board shall have the power to hear and
decide appeals from any order, requirement, decision, or
determination made by the Zoning Administrator in the
administration or enforcement of this chapter, pursuant to the
procedures of Section 36.2 -562. The decision on such appeal shall
be based on the board's judgment of whether the zoning
administrator was correct. The determination of the zoning
administrator shall be presumed to be correct. At a hearing on an
appeal, the zoning administrator shall explain the basis for his or
her detenmination after which the appellant has the burden of proof
to rebut such presumption of correctness by a preponderance of the
evidences The board shall consider any applicable ordinances,
laws, and regulations in making its decision. For purposes of this
section, determination means any order, requirement, decision or
dctcrmination made by the zoning administrator. Any appeal of it
determination to the board shall be in compliance with this section,
nohvilhstanding any other provision of law.. general or special.
(b) Variances. Notwithstanding any other provision of law, general or
special, theTHe Board shall have the power to authorize variances
from the terms of this chapter, pursuant to the procedures and
standards set forth in Section 36.2 -561. The burden of proof shall
be on the applicant to prove by a preponderance of the evidence
that his application meets the standards fora variance as defined in
Appendix A and the criteria set forth in Section 36.2 -561.
Sec. 36.2 -841. Powers and duties.
*
(c) Modifications. The Zoning Administrator shall have the authority
to grant a modification from any provision of this chapter with
respect to physical requirements on a lot, including but not limited
to size, height, location, or features of or related to any building,
structure, or improvements, pursuant to the procedures and
standards set forth below.
'a
6 10 15
(3) The Zoning Administrator shall authorize a modification
only if the Zoning Administrator finds in writing all three
(3) of the following
(A) That the strict application of this chapter would
unreasonably restrict the utilization of the
property-_." undue hardship refining to the
thy;
(B) That such hardship is not shared generally by other
properties in the same zoning district and the same
vicinity; and
(C) That the authorization of such modification will not
be of substantial detriment to adjacent property and
that the character of the zoning district will not be
changed by the granting of the modification.
Appendix A. Definitions
Campground: an establishment that provides campsites for temporary occupancy
by recreational vehicles, tents, or other such enclosures designed as temporary
living quarters, and that provides on -site restroom and bathing facilities.
Homestay: an establishment that offers for compensation a portion of any
dwelling unit for overnight stays to guests, and not meeting the definition of a bed
and breakfast.
* x x
Variance. a reasonable deviation from those provisions regulating the shape, size
or area of a lot or parcel of land, or the size, height, area, bulk or location of a
building or structure when the strict application of the zoning ordinance would
unreasonably restrict the utilization of the propery,Fesult in unnecessary OF
o,.,,eu,.,uable hands ' °rip t�nef, and such need for a variance would
not be shared generally by other properties, and provided such variance is not
contrary to the intended spirit and purpose of the ordinances amts
substantial ice being done. It shall not include a change in use which change
shall be accomplished by a rezoning or by a conditional zoning.
21
6 10 95
Appendix B. Submittal requirements
* * *
B -1. Basic Development Plan
(b) A basic development plan submitted for approval shall include a
completed application form, accompanied by payment of the
required fees, and three (3) copies of a survey plot plan or a basic
site plan drawing outlining the following information:
(10) Delineation of all landscaping required pursuant to the
regulations of Article 4 and Article 6 of this chapter,
including:
(A) Location, size, and description of all required
planting areas and planting materials; however,
such details on required tree canopy need not be
specified and may be substituted by a statement on
the plan indicating the amount (square feet) of
required overall tree canopy to be provided before a
certificate of occupancy is issued.
2. This ordinance shall take effect July I, 2015.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
22
6IfA IS
Q) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 15, 2015
Subject: Amendment to the Zoning Ordinance of the City of Roanoke
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Monday, June 8, 2015. By a
vote of 5 -0, the Commission recommended approval of proposed various
amendments to the zoning ordinance.
Planning Commission Work Session Discussion
None.
Public Comment
An email was received from Mr. Joe Kraft, President of Old Southwest, Inc.,
asking that the Commission delay action for a month to allow staff or a
Planning Commission member to attend a neighborhood meeting to discuss the
proposed amendments.
Planning Commission Public Hearing Discussion:
During the staff report presentation, Chris Chittum, Director of Planning,
Building, & Development, addressed items in the text amendments that would
likely be of concern to Old Southwest based on the zoning districts present in
the neighborhood. The two potential concerns could be the addition of
homestays by special exception and deletion of supplemental regulations
related to group care facilities.
Mr. Chittum explained that the addition of the homestay use is a clarification of
the current practice of allowing Air BnB type arrangements as a bed and
breakfast. Both uses require a special exception, and there would be no
procedural difference in how a homestay is established. (See attached table and
proposed modifications to Section 36.2 -405)
Supplemental regulations for group care facilities in Section 36.2-412 are
proposed for deletion as the spacing standards can create issues for expansion
of existing facilities. Amendments to the use table in Section 36.2-315 would
require all group care facilities to be approved by special exception, which
would allow the Board of Zoning Appeals to assess compatibility, density, and
other factors on a site - specific basis.
Planning Commission members discussed possible impacts and public notice
provided. Ms. Katz asked other Commissioners if they felt the matter should be
continued. No other Commissioners expressed interest in a continuance and
no such motion was made.
A&4': / i
Kermit Hale, Vice Chair
City Planning Commission
Attachment
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
June 15, 2015 City Council Page 1
Section
Summary of Amendment
Notes
Chapter 36.2. ZONING
ARTICLE 3. REGULATIONS FOR SPECIFIC ZONING DISTRICTS
Use table for residential
Remove reference to supplemental regulations for
All but elderly facilities require special exception
districts
group care facilities
where density and separation issues can be
addressed. Staff views separation requirements
Change Group care facility, congregate home elderly,
as an inequitable zoning practice.
and Group care facility, transitional living facility, from
permitted uses to special exception uses in RMF.
Add HomestaY as a new special exception use in all
Codifies current practice for AirBnS and other
residential districts. Add a reference to supplemental
similar uses.
regulations
Dimensional regulations
Add a note clarifying how maximum lot frontage is
Clarification of existing interpretation
for residential districts
applied.
Use table for multiple
Add campground as a new special exception use in the
Provides an option to support tourism.
purpose districts
CG, CLS, ROS, and OF districts. Add reference to
supplemental regulations.
Addresses a potential compliance issue with
RLUIPA
Add Place of Worship as a permitted use in OF
Codifies current practice for AirBnB and other
Add Homestav as new special exception use in MX
similar uses.
and as a new permitted use in the CN, CG, CLS, and
ROS districts. Add reference to supplemental
regulations
Dimensional regulations
Increase OF maximum lot area from 2 acres to 3 acres
Current two acres max proving too small based on
for multiple purpose
locations where mapped.
districts
Increases flexibility for recreational facility
Increase maximum height in the ROS district
development in ROS district.
Increase ROS impervious surface area maximum to
Clarification of existing interpretation
June 1 5, 2015 City Council Page 2
Section
Summary of Amendment
Notes
80 %.
Add a note clarifying how maximum lot frontage is
applied.
Use table for industrial
Add the following uses as permitted uses in various
Expands uses complementary to industrial
districts
industrial districts:
developments.
Amphitheater
Entertainment establishments
Parks or playgrounds
Recreation outdoor
Outdoor recreation facility lighting or sports stadium
lighting
Procedural requirements
Add language specifying how a PUD plan is
Codifies current practice.
for planned unit
established or amended.
development districts
Use table for planned unit
Add campground as a new permitted use in MXPUD
development districts
and INPUD.
Delete reference to supplemental regulations for group
care facilities.
ARTICLE 4. SUPPLEMENTAL
REGULATIONS
Supplemental regulations
Add supplemental regulations for new Homestay use to
for bed and breakfast
supplemental regulations for B &B.
Supplemental regulations
Delete supplemental regulations for group care facilities
All but elderly facilities require special exception
for group care facilities.
where density and separation issues can be
addressed. Staff views separation requirements
as an inequitable zoning practice.
Motor vehicle or trailer
Making a correction removing the word "and."
painting and body repair.
June 15, 2015 City Council Page 3
Section
Summary of Amendment
Notes
Supplemental regulations
Permit camping as accessory use to temporary public
Codifies current practice
for Temporary uses
events.
ARTICLE 5. PROCEDURES
Zoning amendments
Add reference to fee compendium for legal
Establishes a predictable, flat fee for legal ads. A
advertisements.
separate ordinance will add fees to fee
compendium effective July 1, 2015.
Sign posting not required by state code. The
Modify sign posting requirement for amendments.
proposed amendment will reduce exposure to
legal challenge due to defective notice.
Special exceptions
Add references to fee compendium for legal
Establishes a predictable, flat fee for legal ads. A
advertisements.
separate ordinance will add fees to fee
Variances
compendium effective July 1, 2015.
Appeals to the board of
Sign posting not required by state code. The
zoning appeals
Modify sign posting requirement for special exceptions.
proposed amendment will reduce exposure to
legal challenge due to defective notice.
Variances
Various amendments to reflect VaCode amendments
This amendment changes how variances are to
from 2015 GA session.
be considered. It is likely to increase caseload
Appeals from the board
of zoning appeals
Quorum and vote.
Rules and records.
Powers and duties (of
BZA)
Powers and duties (of
zoning administrator)
June 15, 2015 City Council Page 4
Section
Summary of Amendment
Notes
Zoning violations.
Add owner to notice of violation
ARTICLE 6. DEVELOPMENT STANDARDS
Sec. 36.2 -644.
Exempts certain projects from tree canopy.
Response to discussions with Roanoke Regional
Applicability (landscaping
Homebuilders Association. Relieves burden on
developer for small projects.
requirements)
Sec. 36.2 -645. Street
Eliminates street yard tree requirement
Response to discussions with Roanoke Regional
yard trees.
Homebuilders Association.
Table 652 -2 Minimum
There is no parking required for a community garden
but the maximum applies.
Parking
653 Maximum parking
Raises threshold for exceeding maximum parking from
175% to %200 by special exception.
654 Parking and loading
Delete parking location requirement for NDD
area standards
Table 654 -1. Parking and
Add exceptions to maximum driveway width and or
Response to discussions with Roanoke Regional
Loading Area Standards
coverage. Exempt permeable paving systems from
Homebuilders Association.
counting toward max driveway widths.
Reduce minimum driveway width to 7 feet.
Table 668 -1. Type,
Clarify maximum number of free standing signs in CLS.
Codifying interpretation.
Number, and Size of On-
Premises Signs
Sec. 36.2 -669. -
Cap sign area for electronic readerboards in CN, IN, D
Changeable copy signs
similar to CG [669(b)(3)]
and electronic
readerboard signs.
June 15, 2015 City Council Page 5
Section
Summary of Amendment
Notes
Sec. 36.2 -675. Outdoor
Allows an approved billboard to get VDOT approval for
advertising signs.
construction.
Sec. 36.2 -834 Quorum
To amend rules for the board of zoning appeals to
and Vote
require the board to offer equal time to parties and the
staff of the City of Roanoke.
Sec. 36.2 -836 Rules and
To allow ex parts communications with members of the
Records
board of zoning appeals under certain circumstances
and to require the dissemination of materials to certain
interested parties within a certain period of time.
Sec. 36.2 -837 Powers
To specify how an appeal of a zoning administrator
and Duties
determination is to be considered; and to specify that
the burden of proof is on the appellant to show
justification for a variance.
Sec. 36.2 -841 Powers
To specify how an appeal of a zoning administrator
and Duties
determination is to be considered; and to specify that
the burden of proof is on the appellant to show
justification for a variance.
APPENDIX A.
Definitions
Definitions
Add a definition of Campground
Definitions
Add a definition for Homestay
Definitions
Amend definition of Variance to reflect VaCode
amendments from 2015 GA session.
APPENDIX B.
Definitions
Submittal
Allowing specific information on tree canopy to be
requirements, B -1,
substituted with appropriate statements on the
development plan.
June 15, 201 5 City Council Page 6
Section Summary of Amendment Notes
Basic Development
Plan
Publisher of the
Roanoke Times
1, (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 At was published In said newspapers an the
following dates:
05125,0610212015
The First insertion being given ... 0526/2015
Newspaper reference: 0000171117
t�4� "
V It
Billing Representative
Sworn to and subscribed before me this Tuesday, June 2, 2015
k<.-' 4- 70/- /�. / .
State'of Virginia
City /County of Roanoke
My Commission expires
*; REG. s� � ; 9
M : kyOc�tiucsS p� ; IF
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU rnn�
• •
The Roanoke Times
Account Number
Roanoke, Virginia
8011439
Affidavit of Publication
oam
CITY OF ROANOKE - PDV
June 02, 2015
Attn TinaM.Dan
RECEIVED
215 CHURCH AVE
ROOM 188
VA
JUN — 5 2015
ROANOKE, 24011
CITY OF ROANOKE
PLANNING BUILDING a DEVELOPMENT
Date - Category
Desefigum
Ad Slue Totel CA
0610212018 Legal Nottee
PUBLIC HEARING NOTICE All oubllc headings advertised hen
ix388L 3,608.56
Publisher of the
Roanoke Times
1, (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 At was published In said newspapers an the
following dates:
05125,0610212015
The First insertion being given ... 0526/2015
Newspaper reference: 0000171117
t�4� "
V It
Billing Representative
Sworn to and subscribed before me this Tuesday, June 2, 2015
k<.-' 4- 70/- /�. / .
State'of Virginia
City /County of Roanoke
My Commission expires
*; REG. s� � ; 9
M : kyOc�tiucsS p� ; IF
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU rnn�
PUBLIC HEARING NOTICE
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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.
A copy of the applications, the proposed ordinance to amend the zoning ordinance, the proposed
ordinance to amend the Fee Compendium, and the proposed amendment to Vision 2001 -2020,
the City's Comprehensive Plan, are available for review in the Department of Planing,
Building, and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 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 the Department of 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 bearings on June 8, 2015, at 1:30
p.m., or as soon as the matters may be heard, to consider these matters and applications:
Amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,
as set forth below:
1. Sec. 36.2 -311, Use table for residential districts, to delete applicability of regulations
relating to spacing, maximum occupancy, and open space for Group care facilities; change
Group care facility, congregate home, elderly, and Group care facility, nursing home, from
permitted uses to special exception uses in the Residential Multifamily District; delete Home
occupation, personal service, as a permitted use in certain residential districts; add homestay as a
new special exception use in all residential districts; and add regulations prohibiting exterior
changes, limiting the number of guests and lengths of stays, and requiring the owner or
leaseholder to occupy a dwelling unit during any guest stay at a homestay;
2. Sec. 36.2 -312, Dimensional regulations for residential districts, clarifying how certain
maximum lot frontages are determined for a comer lot;
3. Sec. 36.2 -315, Use table for multiple purpose districts, to add Campground as a special
exception use in the Commercial - General, Commercial -Large Site, Recreation and Open Space,
and Urban Flex Districts; to delete applicability of regulations relating to spacing, maximum
occupancy, and open space for Group care facilities; to add Place of worship as a permitted use
in the Urban Flex District; to add Hornestay as a special exception use in the Mixed Use District
and as a permitted use in the Commercial - Neighborhood, Commercial- General, Commercial -
Large Site, Downtown, and Urban Flex Districts; and to add regulations prohibiting exterior
changes, limiting the number of guests and lengths of stays, and requiring the owner or
leaseholder to occupy a dwelling unit during any guest stay at a homestay;
4. Sec. 36.2 -316, Dimensional regulations for multiple purpose districts, to increase the
maximum lot area from 2 acres to 3 acres in the Urban Flex District; to increase the maximum
height in the Recreation and Open Space District from 35 feet to 60 feet in certain circumstances;
to increase the maximum impervious surface area allowed in the Recreation and Open Space
District from 15% to 80 %; to clarify how certain maximum lot frontages are determined for lots
with two frontages; and to make certain regulations pertaining to the location, height and aiming
cutoff angles of certain outdoor lighting exempt from maximum height regulation for a district
but subject to the granting by special exception by the board of zoning appeals under certain
circumstances;
5. Sec. 36.2 -322, Use table for industrial districts, to add Amphitheater, Entertainment
establishments, Parks or playgrounds, Recreation, outdoor, and Outdoor recreation facility
lighting or sports stadium lighting as permitted uses in certain industrial districts;
6. Sec. 36.2 -326, Procedural requirements for Planned unit development districts, to specify
that a PUD plan shall be established or amended in accordance with Sections 36.2 -540, Zoning
Amendments, and 36.2 -541, Conditional Rezonings;
7. Sec. 36.2 -327, Use table for planned unit development districts, to add Campground as a
permitted use in certain planned unit development districts; and to delete applicability of
regulations relating to spacing, maximum occupancy, and open space for Group care facilities;
8. Sec, 36.2 -405, Bed and breakfast, to rename the section; to add regulations relating to
homestays and prohibiting exterior changes, limiting the number of guests and lengths of stays,
and requiring the owner or leaseholder to occupy a dwelling unit during guest stays at a
homestay; and to combine such regulations pertaining to homestays with regulations pertaining
to Bed and breakfast uses;
9. Sec. 36.2 -412, Group care facilities, to delete regulations relating to spacing, maximum
occupancy, and open space for Group care facilities;
10. Sec. 36.2 -418, Motor vehicle or trailer painting and body repair, to correct a
typographical error;
11. Sec. 36.2 -429, Temporary uses, to permit camping in conjunction with public events on
property within 1,000 feet of the public event for the duration of a public event;
12. Sec. 36.2 -540, Zoning amendments, advising that fees for notices of public heating shall
be set forth in the Fee Compendium of the City; and establishing that failure to post public
notification of certain actions by the zoning administrator as a courtesy to the public would not
constitute cause to cancel or reschedule any public hearing or challenge any decision or
recommendation upon appeal;
13. Sec. 36.2 -560, Special exceptions, advising that fees for notices of public hearing shall be
set forth in the Fee Compendium of the City; and establishing that failure to post public
notification of certain actions by the zoning administrator as a courtesy to the public would not
constitute cause to cancel or reschedule any public hearing or challenge any decision or
recommendation upon appeal;
14. Sec. 36.2 -561, Variances, advising that fees for notices of public hearing shall be set forth
in the Fee Compendium of the City; acrd amending standards, conditions and guarantees, and
conforming status regulations to be consistent with Code of Virginia amendments that become
effective on July 1, 2015, to allow under certain circumstances the granting of a variance if the
terms of a zoning ordinance would unreasonably restrict the use of property or would cause a
hardship due to certain conditions, notwithstanding any other provisions of law, general or
special;
15. Sec. 36.2 -562, Appeals to board of zoning appeals, advising that fees for notices of public
hearing shall be set forth in the Fee Compendium of the City;
16, Sec. 36.2 -563, Appeals from board of zoning_ appeals, to set forth amount of evidence
needed by an appealing party during any appeal in circuit court, to set forth the standard of
review for a circuit court, and other procedural matters required by Code of Virginia
amendments that became effective on July 1, 2015;
17. Sec. 36.2 -571, Zoning violations, adding a provision that notice of a zoning violation
may be given to the owner of the subject property;
18. Sec. 36.2 -644, Overall tree canopy requirements, to provide an exemption from
landscaping requirements for certain types of projects;
19. Sec. 36.2 -645, Street yard trees, to delete the section and to designate the section as
Reserved;
20. Table 652 -2, Required Parking Spaces, to delete the maximum parking requirement for
Community gardens;
21. Sec. 36.2 -653, Maximum parking, to increase the percentage by which maximum parking
may be exceeded with a special exception from 175'/4 to 200 %;
22. Sec. 36.2 -654, Parking and loading area standards, to delete a prohibition against parking
spaces being located between the right -of -way and a principal building in the Neighborhood
Design Overlay District;
23. Table 654 -1, Parking and Loading Area Standards, amending regulations as they apply to
residential developments of four or fewer units to provide for exceptions to maximum front yard
coverage, maximum cumulative driveway width, maximum individual driveway width, and to
reduce minimum driveway width to seven (7) feet;
24. Table 668 -1, Tyne Number, and Size of On- Premises Signs, to allow one freestanding
sign for the first 200 feet of lot frontage then one additional sign for each additional 200 feet of
lot frontage in the Commercial -Large Site District;
25. Sec. 36.2 -669, Changeable copy signs and electronic readerboard signs, to establish a
maximum size of signs in the CN, D, and IN districts of 25 square feet;
26. See. 36.2 -675, Outdoor advertising signs, allowing certain outdoor advertising signs to be
authorized by the Virginia Department of Transportation;
27. Sec. 36.2 -834, Quorum and vote, to amend rules for the board of zoning appeals to
require the board to offer equal time to parties and the staff of the City of Roanoke;
28. Sec. 36.2 -836, Rules and records, to allow ex parte communications with members of the
board of zoning appeals under certain circumstances and to require the dissemination of
materials to certain interested parties within a certain period of time;
29. Sec. 36.2 -837, Powers and duties, to specify how an appeal of a zoning administrator
determination is to be considered; and to specify that the burden of proof is on the appellant to
show justification for a variance;
30. Sec. 36.2 -841, Powers and duties, to allow the zoning administrator to grant a
modification under a condition that the strict application of the zoning ordinance would
unreasonably restrict the use of the property;
31. Appendix A, Definitions, to add definitions for Campground and Homestay; to amend the
definition of Group home to include a residential facility in which no more than eight (8) persons
who are recovering from addiction to alcohol or drugs may reside, but such persons are not
currently using or addicted to alcohol or drugs; and to amend the definition of a Variance; and
32. Appendix B, Submittal requirements, B -1, Basic Development Plan, allowing specific
information on tree canopy to be substituted with appropriate statements on the development
plan.
The ordinance adopting the zoning amendments described above shall have an effective date of
July 1, 2015.
A request by the City of Roanoke to rezone property located at 210 Reserve Avenue, S.W.,
bearing Official Tax Number 1040202, from INPUD, Institutional Planned Unit Development
District, to ROS, Recreation and Open Space District. The proposed use is athletic fields. The
land use categories permitted in the ROS District include commercial; assembly and
entertainment; public, institutional and community facilities; transportation; utility; agricultural;
and accessory with no maximum floor area ratio listed. The comprehensive plan designates the
property for Recreational /Institutional use.
A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's
comprehensive plan, to establish an urban development area within the entire City of Roanoke.
A request by the City of Roanoke to consider an ordinance amending the Fee Compendium of
the City to establish new fees for legal advertisements for zoning amendments, special
exceptions, variances, and appeals to the board of zoning appeals, such new fees having an
effective date of July 1, 2015.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid matters and applications on June 15,
2015, 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 June 10, 2015, at
1:00 p.m., or as soon as the matter may be heard, to consider these applications:
Application filed by Roselawn Realty Investment, LLC, for portions of property located at 4218
Welcome Valley Road, S.E., bearing Official Tax Nos. 5370101, 5370102, 5370103, and
5390201, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of
Roanoke (1979), as amended, to permit an asphalt plant.
Application filed by Rockydale Quarries Corporation for property located at 4754 Old Rocky
Mount Road, S.W., bearing Official Tax Nos. 5370105 and 5370106, for a special exception
pursuant to Section 36.2 -322, Zoning Code of the City of Roanoke (1979), as amended, to permit
a quarry.
Application filed by Shawn D. Law for property located at 315 24'h Street, N.W., bearing
Official Tax No. 2310101 for a special exception pursuant to Section 36.2 -707, Zoning, Code of
the City of Roanoke (1979), as amended, to replace one non - conforming use (place of worship)
with another (community market).
Tina M. Carr, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, May 26, 2015, and Tuesday, June 2, 2015.
Please bill and send affidavit of publication to:
Tina M. Carr
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.cm@romokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chweh Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 85] -2541
Fax: (540)853-1145
S I'EPDANIE M. MOON REYNOLDS, MMC E -mail: elerk[haano kre..,— JONATHAN E. CRAFT, CIVIC
City Clerk Deputy City Clerk
June 16, 2015 CECELIA J'. WERR, CMC
Assistant Deputy City Clerk
The Honorable Brenda S. Hamilton
Clerk of Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton,
I am enclosing a certified true copy of Resolution No. 40278- 061515 authorizing the
issuance of not to exceed twenty seven million dollars ($27,000,000) principal amount
of general obligations of the city of Roanoke, Virginia, in the form of General Obligation
Public Improvement Bonds of the city, for the purpose of providing funds to pay the
costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the city
(including related design and architectural and engineering services); fixing the form,
denomination and certain other details of such bonds; providing for the sale of such
bonds, together with other General Obligation Public Improvement Bonds of the city;
authorizing the preparation of a preliminary official statement and an official statement
relating to such bonds and the distribution thereof and the execution of a certificate
relating to such official statement; authorizing the execution and delivery of a continuing
disclosure certificate relating to such bonds; authorizing and providing for the issuance
and sale of a like principal amount of General Obligation Public Improvement Bond
anticipation notes in anticipation of the issuance and sale of such bonds; delegating to
the City Manager and the Director of Finance certain powers with respect to the sale
and determination of the details of such bonds and notes; and otherwise providing with
respect to the issuance, sale and delivery of such bonds and notes.
Pursuant to Section 12 of Resolution No. 40278- 061515, 1 am hereby directed to file a
copy of this Resolution, certifying it to be a true copy hereof, with the Circuit Court of the
City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of
Virginia, 1950 as amended.
The Honorable Brenda S. Hamilton
June 16, 2015
Page 2
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015.
Sincerely, A
G1% �
ep aniiee M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase
Manhattan Plaza, 42nd Floor, New York, New York 10005 -1401
Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Management and Budget
Sheila Umberger, Director, Libraries
Steven C. Buschor, Director, Parks and Recreation
Bob Bengtson, Director, Public Works
Dwayne D'Ardenne, Manager, Stormwater Division
Robyn Schon, General Manager, Berglund Center
Mark Jamison, Manager, Department of Transportation
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1576
0 Td,M.: (s�0)esJ -x5 1
R.: (5")357 -I14S
STEPHANIE M. MOON REYNOLDS, MMC E+wH: rlerl�roamkevuyur
City Clerk
June 16, 2015
The Honorable Brenda S. Hamilton
Clerk of Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton:
JONATHAN E. CRAFT, CMC
Deputy City Oak
CECELIAT. WEEE, CMC
AalusM Deputy Oty Clerk
I am enclosing a certified true copy of Resolution No. 40278 - 061515 authorizing the
issuance of not to exceed twenty seven million dollars ($27,000,000) principal amount
of general obligations of the city of Roanoke, Virginia, in the form of General Obligation
Public Improvement Bonds of the city, for the purpose of providing funds to pay the
costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public Improvement projects of and for the city
(including related design and architectural and engineering services); fixing the form,
denomination and certain other details of such bonds; providing for the sale of such
bonds, together with other General Obligation Public Improvement Bonds of the city;
authorizing the preparation of a preliminary official statement and an official statement
relating to such bonds and the distribution thereof and the execution of a certificate
relafing to such official statement; authorizing the execution and delivery of a continuing
disclosure certificate relating to such bonds; authorizing and providing for the Issuance
and sale of a like principal amount of General Obligation Public Improvement Bond
anticipation notes In anticipation of the issuance and sale of such bonds; delegating to
the City Manager and the Director of Finance certain powers with respect to the sale
and determination of the details of such bonds and notes; and otherwise providing with
respect to the issuance, sale and delivery of such bonds and rates.
Pursuant to Section 12 of Resolution No. 40278 -061515, 1 am hereby directed to file a
copy of this Resolution, certifying it to be a true copy hereof, with the Circuit Court of the
City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of
Virginia, 1950 as amended.
The Honorable Brenda S. Hamilton
June 16, 2015
Page 2
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015.
Sin rely
i
e anie M. Moon Reynolds, MMC
City Clerk
Enclosure
pc: Donald G. Gurney, Esquire, Hawkins, Delafield $ Wood, LLP, One Chase
Manhattan Plaza, 42nd Floor, New York, New York 10005.1401
Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Management and Budget
Sheila Umberger, Director, Libraries
Steven C. Buschor, Director, Parks and Recreation
Bob Bengtson, Director, Public Works
Dwayne D'Ardenne, Manager, Stormwater Division
Robyn Schon, General Manager, Berglund Center
Mark Jamison, Manager, Department of Transportation
k11A
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June. 2015.
Bo. 40278- 061515.
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TWENTY -
SEVEN MILLION DOLLARS ($27,000,000) PRINCIPAL AMOUNT OF GENERAL
OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY, FOR
THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC
IMPROVEMENT PROJECTS OF AND FOR THE CITY (INCLUDING RELATED
DESIGN AND ARCHITECTURAL AND ENGINEERING SERVICES); FIXING THE
FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS;
PROVIDING FOR THE SALE OF SUCH BONDS, TOGETHER WITH OTHER
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND
THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE
RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO
SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE
OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE
ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER
AND,THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE
SALF AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES;
AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND
DELIVERY OFSUCH BONDS AND NOTES
WHEREAS, in the judgment of the Council (the "Council') of the City of
Roanoke, Virginia (the "City'), it is desirable (i) to authorize the City to contract a debt and to
authorize the issuance of not to exceed 527,000,000 principal amount of general obligations of
the City, in the form of General Obligation Public Improvement Bonds of the City, for the
purpose of providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public improvement projects of
and for the City (including related design and architectural and engineering services), (ii) to
authorize the issuance of a like principal amount of General Obligation Public Improvement
Bond Anticipation Notes in anticipation of the issuance of such Bonds and (iii) to authorize the
sale of such Bonds, together with other previously authorized general obligation public
improvement bonds of the City;
26597611079686 RSWD
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION 1. (a) Pursuant to Chapter 26 of Tide 15.2 of the Code of Virginia,
1950, as amended, the same being the Public Finance Act of 1991 (the "Public Finance Act of
1991 "), for the purpose of providing net proceeds of sale (after taking into account costs of
issuance, underwriting compensation and original issue discount) to pay the costs of the
acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of
various public improvement projects of and for the City (including related design and
architectural and engineering services) as set forth in Section 7, the City is authorized to contract
a debt and to issue not to exceed $27,000,000 principal amount of general obligation bonds of
the City to be designated and known as the "City of Roanoke, Virginia, General Obligation
Public Improvement Bonds" (referred to herein as the "Bonds').
(b) The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall be
added to the designation of the Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in fully registered forth in the denomination of $5,000 each or any
integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards
in order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager and the Director of Finance
in accordance with the provisions of Section 8. The Bonds of each series shall be issued in such
aggregate principal amounts (not exceeding the aggregate principal amount specified in
Section 1(a)); and shall mature on such dates and in such years (but in no event exceeding forty
(40) years from their date or dates), and in the principal amount in each such year, as shall be
determined by the City Manager and the Director of Finance in accordance with the provisions
of Section 8. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360)
day yew comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in pan from
time to time on any date, in such order as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed as a percentage of the principal amount
of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of such Bond is to be redeemed, that
such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and
anew Bond or Bonds issued equalling in principal amount that portion of the principal amount
thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed
for redemption, by first class mail, postage prepaid, to the registered owner thereof at the address
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2M593/2A 039686 MIND
of such registered owner as it appears on the books of registry kept by the Registrar and Paying
Agent as of the close of business on the forty -fifth (45th) day next preceding the dale fixed for
redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal amount thereof to
be redeemed) and of the accrued interest payable upon such redemption shall have been duly
made or provided for, interest thereon shall cease to accrue from and after the date so specified
for the redemption thereof.
(ii) Any notice of the optional redemption of the Bonds may state that it is
conditioned upon there being on deposit with the City on the date fixed for the redemption
thereof an amount of money sufficient to pay the redemption price of such Bonds, together with
the interest accrued thereon to the date fixed for the redemption thereof, and any conditional
notice so given may be rescinded at any time before the payment of the redemption price of such
Bonds, together with the interest accrued thereon, is due and payable if any such condition so
specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice
is given due to there not being on deposit with the City a sufficient amount of money to pay the
redemption price of such Bonds, together with the interest accrued thereon to the date fixed for
the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked.
(iii) So long as the Bonds are in book -entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
( "DTC "), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and interest on the Bonds as the same
become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the
Council shall be authorized and required to levy and collect annually, at the same time and in the
same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and interest on the
Bonds to the extent other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of
the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds (the `Registrar and Paying Agent ").
(c) The Director of Finance shall direct the Registrar and Paying Agent to
authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually executed by an
authorized signatory of the Registrar and Paying Agent. Upon the authentication of any Bonds
the Registrar and Paying Agent shall insert in the certificate of authentication the date as of
which such Bonds are authenticated w follows: (i) if a Bond is authenticated prior to the first
3-
24S9342.1 03%86 RS1ND
interest payment date, the certificate shall be dated as of the date of the initial issuance and
delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is
authenticated upon an interest payment date, the certificate shall be dated as of such interest
payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month
next preceding an interest payment date and prior to such interest payment date, the certificate
shall be dated as of such interest payment date and (iv) in all other instances the certificate shall
be dated as of the interest payment date next preceding the date upon which the Bond is
authenticated. In the event the Bonds of any series shall be dated as of a date other than the first
day of a calendar month or the dates on which interest is payable on such series are other than
the first days of calendar months, the provisions of this Section 3(c) with regard to the
authentication of such Bonds and of Section 9 with regard to the fort of such Bonds shall be
modified as the Director of Finance shall determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and interest on the Bonds shall be payable in
such coin or currency of the United States of America as at the respective dates of payment
thereof is legal tender for public and private debts. The principal of the Bonds shall be payable
upon presentation and surrender thereof at the office of the Registrar and Paying Agent. Interest
on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the
registered owners of such Bonds at their respective addresses as such addresses appear on the
books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds
are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the
time of such other nominee of DTC as may be requested by an authorized representative of
DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC
by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar and Paying Agent for such series shall keep or cause to be kept at its office
books of registry for the registration, exchange and transfer of Bonds of such series. Upon
presentation at its office for such purpose the Registrar and Paying Agent, under such reasonable
regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered,
exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar and Paying
Agent for such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the registered owner of such Bond in person or by the duly
authorized attorney for such registered owner, upon surrender of such Bond to the Registrar and
Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by
-4-
2459342.1039666 aSMD
the registered owner in person or by the duly authorized attorney for such registered owner, in
form satisfactory to the Registrar and Paying Agent.
(f) All transfers or exchanges pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar and Paying Agent for such series of Bonds shall require the payment by the
registered owner of the Bond requesting such transfer or exchange of any tax or other
governmental charges required to be paid with respect to such transfer or exchange. All Bonds
surrendered pursuant to this Section 4 shall be cancelled.
(g) (i) The Bonds shall be issued in full book -entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or
any integral multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal and interest payments on the Bonds will be made by the
Registrar and Paying Agent to DTC or its nominee, Cede & Co., as registered owner of the
Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal
to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC
participants will be the responsibility of DTC. Transfers of such payments to beneficial owners
of the Bonds by DTC participants will be the responsibility of such participants and other
nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants who act on
behalf of the indirect participants of DTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a pan of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers
on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau
charge for the assignment of such numbers shall be the responsibility of the successful bidder for
or purchaser of the Bonds.
-5-
2459]421 03%86 MND
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 6. To the extent it shall be contemplated at the time of their issuance
that the interest on any Bonds issued hereunder shall be excludable from gross income for
purposes of federal income taxation, the City covenants and agrees that it shall comply with the
provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, and
the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long
as any such Bonds are outstanding.
SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance
in the principal amount of not to exceed $27,000,000 in Section I(a) (after taking into account
costs of issuance, underwriting compensation and original issue discount) shall be applied to the
payment of the cost of the following public improvement projects of and for the City in
substantially the following respective mourns:
Purpose
Amount
Public Schools
$8,500,000
Public Libraries
3,577,000
Parks and Recreation
1,000,000
Bridge Renovation Projects
5,650,000
Stornwater Management Projects
1,920,000
Berglund Center (Civic Center) Improvement Projects
1,500,000
Curbs, Gutter and Sidewalk Improvement Projects
1,000,000
Rail Passenger Infrastructure Improvement Projects
2,500,000
Strcetscape Improvement Projects
500A0
Total
$26,147,000
If any project set forth above shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other projects so set forth.
SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dates and at such price or prices as shall be determined by the City Manager and the
Director of Finance.
(b) If the Bonds are sold at competitive sale, the Director of Finance is hereby
authorized to prepare and distribute, or to cause to be prepared and distributed, via electronic
dissemination or otherwise, a Preliminary Official Statement and an Official Notice of Sale
relating to the Bonds. In preparing the Official Notice of Sale relating to the Bonds, the Director
of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be
received by electronic bidding.
-6-
2459362.103%86 RSMD
(c) If the Bonds are sold at competitive sale, the City Manager and the
Director of Finance, without further action by the Council, (i) are hereby authorized to determine
the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the
dates on which interest on the Bonds shall be payable, the aggregate principal amount of the
Bonds of each series and the principal amount of the Bonds of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase of the Bonds of each series
and to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost
to the City; provided, however, in no event shall the true interest cost to the City with respect to
the Bonds of any series exceed six percent (6.00 %). The City Manager and the Director of
Finance are further authorized to fix the rates of interest to be home by the Bonds of each
maturity of each series as specified in the bid accepted by them in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds upon the advice
of the City's financial advisor; provided, however, in no event shall any redemption premium
payable by the City exceed two percent (2.00 %).
(d) If the Bonds are sold at negotiated sale, the City Manager and the Director
of Finance, without further action of the Council, (i) are hereby authorized to determine the dated
date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on
which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of
each series and the principal amount of the Bonds of each series maturing in each year and
(ii) are hereby authorized to select the underwriters of the Bonds (the "Underwriters") and to sell
the Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are
sold at negotiated sale, the Bonds shall bear interest at such rates per annum as shall be approved
by the City Manager and the Director of Finance; provided however, in no event shall the true
interest rate for the Bonds of any series exceed six percent (6.00 %). The City Manager and the
Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of
each maturity of each series as negotiated with the Underwriters in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds upon the advice
of the City's financial advisor; provided however, in no event shall any redemption premium
payable by the City exceed two percent (2.00 %). Either or both of the City Manager and the
Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond
Purchase Contracts relating to the sale of the Bonds by the City to the Underwriters.
(e) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisor and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of the
Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2 -I2
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934, as amended ('Rule 15c2 -12 "). The City Manager and the Director of Finance are
hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a
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345931].1 039686 aSDID
certificate in substantially the form to be included in the Official Statement under the caption
"Certificate Concerning Official Statement ".
(f) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2 -12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(g) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar and
Paying Agent, and the assignment endorsed on the Bonds, shall be in substantially the forms set
forth in Exhibit A attached hereto.
SECTION 10. General obligation public improvement bond anticipation notes
(the "Notes ") are authorized for issuance and sale by the City Manager and the Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on
such other terms and conditions as shall be determined by the City Manager and the Director of
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal amount of the
Notes of each series and the principal amount of the Notes of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series
if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at
negotiated sale and, without further action of the Council, to accept the bid or proposal offering
to purchase the Notes of each series at the lowest true interest cost to the City; provided(
however, in no event shall the true interest cost to the City with respect to the Notes of any series
exceed six percent (6.00 0%). The City Manager and the Director of Finance are further
authorized to fix the rates of interest to be home by the Notes of each maturity of each series as
specified in the bid or proposal accepted by them in accordance with the immediately preceding
sentence. The City Manager and the Director of Finance are hereby authorized to determine the
provisions relating to the redemption of the Notes upon the advice of the City's financial advisor;
provided, however, in no event shall any redemption premium payable by the City exceed two
percent (2.00 %). If such Notes are offered for competitive sale, an Official Notice of Sale of
such Notes shall be prepared, published and distributed in accordance with the requirements of
Section 8. If such Notes are publicly offered, there may also be prepared and distributed a
Preliminary Official Statement and a final Official Statement relating to such Notes in such form
as shall be approved by the Director of Finance. The issuance and details of such Notes shall be
governed by the provisions of Section 15.2 -2628 of Title 15.2, Chapter 26, Article 2 of the Code
of Virginia, 1950, as amended. The provisions of Sections 2 and 6 shall apply to such Notes to
the same extent the same apply to the Bonds except, in the case of the provisions of Section 2,
-g.
2459342.1 03 %96 RSIND
only to the extent such Notes are not paid from the proceeds of the Bonds or from any other
available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10
may be issued and sold in accordance with the provisions of this Resolution at any time within
five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an 'official intent' within the meaning of
Treasury Regulation Section 1.150 -2 promulgated under the internal Revenue Code of 1986, as
amended.
SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950 as
amended.
SECTION 13. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATTEST:
CITY - ) q"M�TL4t--)
9-
2459311.103%86 MND
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R--
EXHIBIT A
REGISTERED
S
MATURITY INTEREST
DATE: RATE: DATE OF BOND: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City"), for
value received, acknowledges itself indebted and hereby promises to pay to the Registered
Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this
Bond shall be subject to prior redemption and shall have been duly called for previous
redemption and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on and
semiannually on each and thereafter (each such date is hereinafter
referred to as an "interest payment date "), from the date hereof or from the interest payment date
next preceding the date of authentication hereof to which interest shall have been paid, unless
such date of authentication is an interest payment date, in which case from such interest payment
date, or unless such date of authentication is within the period from the sixteenth (16th) day to
the last day of the calendar month next preceding the following interest payment date, in which
case from such following interest payment date, such interest to be paid until the maturity or
redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the
Registrar and Paying Agent hereinafter mentioned to the Registered Owner in whose name this
Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th)
day (whether or not a business day) of the calendar month next preceding each interest payment
date; provided, however, that so long as this Bond is in book -entry only form and registered in
the time of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name
of such other nominee of DTC as may be requested by an authorized representative of DTC,
interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire
transfer. Interest on this Bond shall be calculated on the basis of a three hundred sixty (360) day
A -1
2459342.103%86 UMD
Year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable
upon presentation and surrender hereof, at the office of , as the Registrar and Paying
Agent, in the City of Principal of and interest on this Bond are
payable in any coin or currency of the United States of America which, on the respective dates of
payment thereof, shall be legal tender for public and private debts.
This Bond is one of an issue of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, which is issued for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City (including
related design and architectural and engineering services), under and pursuant to and in full
compliance with the Constitution and statutes of the Commonwealth of Virginia, including
Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public
Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly
adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after 1, 20_ are subject to redemption at the
option of the City prior to their stated maturities, on or after 1, 20_, in whole or in
Part from time to time on any date, in such order as may be determined by the City (except that if
at any time less than all of the Bonds of a given maturity are called for redemption, the particular
Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds
to be redeemed, together with the interest accrued thereon to the date fixed for the redemption
thereof.
The Bonds of the issue of which this Bond is one maturing on _ _, are
subject to mandatory sinking fund redemption on _, — and on _ of each year
thereafter and to payment at maturity on _ _ _ _ in the principal amounts in each year set
forth below, in the case of redemption with the particular Bond or Bonds maturing on _ _,
or portions thereof to be redeemed to be selected by lot, upon payment of the principal
amount of the Bonds maturing on _ _, _ to be redeemed, together with the interest
accrued on the principal amount to be redeemed to the date fixed for the redemption thereof:
Year Principal Amount
The City, at its option, may credit against such mandatory sinking fund redemption requirement
the principal amount of any Bonds maturing on _ _ _which have been purchased and
cancelled by the City or which have been redeemed and not theretofore applied as a credit
against such mandatory sinking fund redemption requirement.
A•2
2459342.1039696 RSMO
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this
Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new
Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof
not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for
redemption, by first class mail, postage prepaid, to the Registered Owner hereof at the address of
such Registered Owner as it appears on the books of registry kept by the Registrar and Paying
Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for
redemption. If notice of the redemption of this Bond (or the portion of the principal amount
hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued
interest payable upon such redemption shall have been duly made or provided for, interest
hereon shall cease to accrue from and after the date so specified for the redemption hereof.
Any notice of the optional redemption of this Bond may state that it is conditioned
upon there being on deposit with the City on the date fixed for the redemption hereof an amount
of money sufficient to pay the redemption price of this Bond, together with the interest accrued
thereon to the date fixed for the redemption hereof, and any conditional notice so given may be
rescinded at any time before the payment of the redemption price of this Bond, together with the
interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If
a redemption of this Bond does not occur after a conditional notice is given due to there not
being on deposit with the City a sufficient amount of money to pay the redemption price of this
Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the
corresponding notice of redemption shall be deemed to be revoked.
Subject to the limitations and upon payment of the charges, if my, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount
of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity.
This Bond is transferable by the Registered Owner hereof, in person or by the attorney for such
Registered Owner duly authorized in writing, on the books of registry kept by the Registrar and
Paying Agent for such purpose at the office of the Registrar and Paying Agent but only in the
manner, subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the series of which this Bond is one, and upon the
surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized
denominations and of the same aggregate principal amount, issue, interest rate and maturity as
the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar and Paying Agent.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and interest on this Bond as the same become due. In each year
A -3
1459362.1039686 RSMD
while this Bond is outstanding and unpaid, the Council of the City shall be authorized and
required to levy and collect annually, at the same time and in the same manner as other taxes of
the City are assessed, levied and collected, a tax upon all property within the City, over and
above all other taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and interest on this Bond to the extent other funds of the City
are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law, and that
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia.
M WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be
imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to
be dated the date first above written.
[SEAL]
Attest:
City Clerk
proceedings.
CITY OF ROANOKE, VIRGINIA
Mayor
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within- mentioned
. as Registrar and Paying Agent
By:
Authorized Signatory
Date of Authentication:
A-4
2459142.1 a39686 RSMD
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer such Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
A -5
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the taupe of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
3459342.103%86 MEND
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40278- 061515.
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TWENTY -
SEVEN MILLION DOLLARS ($27,000,000) PRINCIPAL AMOUNT OF GENERAL
OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY, FOR
THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC
IMPROVEMENT PROJECTS OF AND FOR THE CITY (INCLUDING RELATED
DESIGN AND ARCHITECTURAL AND ENGINEERING SERVICES); FIXING THE
FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS;
PROVIDING FOR THE SALE OF SUCH BONDS, TOGETHER WITH OTHER
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND
THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE
RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO
SUCII BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE
OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE
ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER
AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE
SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES;
AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND
DELIVERY OF SUCH BONDS AND NOTES
WHEREAS, in the judgment of the Council (the "Council') of the City of
Roanoke, Virginia (the "City "), it is desirable (i) to authorize the City to contract a debt and to
authorize the issuance of not to exceed $27,000,000 principal amount of general obligations of
the City, in the form of General Obligation Public Improvement Bonds of the City, for the
purpose of providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public improvement projects of
and for the City (including related design and architectural and engineering service s), (ii) to
authorize the issuance of a like principal amount of General Obligation Public Improvement
Bond Anticipation Notes in anticipation of the issuance of such Bonds and (iii) to authorize the
sale of such Bonds, together with other previously authorized general obligation public
improvement bonds of the City;
2459342.1 039686 RSND
NOW, THEREFORE, BE PP ABSOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SF,CTION L (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia,
1950, as amended, the same being the Public Finance Act of 1991 (the "Public Finance Act of
1991 "), for the purpose of providing net proceeds of sale (after taking into account costs of
issuance, underwriting compensation mid original issue discount) to pay the costs of the
acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of
various public improvement projects of and for the City (including related design and
architectural and engineering services) as set forth in Section 7, the City is authorized to contract
a debt and to issue not to exceed $27,000,000 principal amount of general obligation bonds of
the City to be designated and known as the "City of Roanoke, Virginia, General Obligation
Public Improvement Bonds" (referred to herein as the "Bonds").
(b) The Bonds shall be issued acid sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall be
added to the designation of the Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any
integral multiple thereof. The Bonds of a given series shall be numbered from No. R -I upwards
in order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager mud the Director of Finance
in accordance with the provisions of Section 8. The Bonds of each series shall be issued in such
aggregate principal amounts (not exceeding the aggregate principal amount specified in
Section 1(a)); and shall mature on such dates and in such years (but in no event exceeding forty
(40) years from their date or dates), and in the principal amount in each such year, as shall be
determined by the City Manager and the Director of Finance in accordance with the provisions
Of Section 8. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360)
day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time 10 time on any date, in such order as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed as a percentage of the principal amount
of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of such Bond is to be redeemed, that
such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and
a new Bond or Bonds issued equalling in principal amount that portion of the principal amount
thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed
for redemption, by first class mail, postage prepaid, to the registered owner thereof at the address
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2459342.1 039686 RSIND
of such registered owner as it appears on the books of registry kept by the Registrar and Paying
Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for
redemption. If notice of the redemption of airy Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal amount thereof to
be redeemed) and of the accrued interest payable upon such redemption shall have been duly
made or provided for, interest thereon shall cease to accrue from and after the date so specified
for the redemption thereof,
(ii) Any notice of the optional redemption of the Bonds may state that it is
conditioned upon there being on deposit with the City on the date fixed for the redemption
thereof an amount of money sufficient to pay the redemption price of such Bonds, together with
the interest accrued thereon to the date fixed for the redemption thereof, and any conditional
notice so given may be rescinded at any time before the payment of the redemption price of such
Bonds, together with the interest accrued thereon, is due and payable if any such condition so
specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice
is given due to there not being on deposit with the City a sufficient amount of money to pay the
redemption price of such Bonds, together with the interest accrued thereon to the date fixed for
the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked.
(iii) So long as the Bonds are in book -entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
( "D'I'C "), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and interest on the Bonds as the same
become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the
Council shall be authorized and required to levy and collect annually, at the same time and in the
same mariner as other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and interest on the
Bonds to the extent other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of
the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds (the "Registrar and Paying Agent").
(c) The Director of Finance shall direct the Registrar and Paying Agent to
authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually executed by an
authorized signatory of the Registrar and Paying Agent. Upon the authentication of any Bonds
the Registrar and Paying Agent shall insert in the certificate of authentication the date as of
which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first
3-
2459342.1 039686 RSIND
interest payment date, the certificate shall be dated as of the date of the initial issuance and
delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is
authenticated upon an interest payment date, the certificate shall be dated as of such interest
payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month
next preceding an interest payment date and prior to such interest payment date, the certificate
shall be dated as of such interest payment date and (iv) in all other instances the certificate shall
be dated as of the interest payment date next preceding the date upon which the Bond is
authenticated. In the event the Bonds of any series shall be dated as of a date other than the first
day of a calendar month or the dates on which interest is payable on such series are other than
the first days of calendar months, the provisions of this Section 3(c) with regard to the
authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be
modified as the Director of Finance shall determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and interest on the Bonds shall be payable in
such coin or currency of the United States of America as at the respective dates of payment
thereof is legal tender for public and private debts. The principal of the Bonds shall be payable
upon presentation and surrender thereof at the office of the Registrar and Paying Agent. Interest
on the Bonds shall be payable by check mailed by the Registrar mud Paying Agent to the
registered owners of such Bonds at their respective addresses as such addresses appear on the
books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds
are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the
name of such other nominee of DTC as may be requested by an authorized representative of
DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC
by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar and Paying Agent for sort, series shall keep or cause to be kept at its office
books of registry for the registration, exchange and transfer of Bonds of such series. Upon
presentation at its office for such purpose the Registrar and Paying Agent, under such reasonable
regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered,
exchanged or transferred, on the books of registry the Bonds as hereinbefare set forth.
(e) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar and Paying
Agent for such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the registered owner of such Bond in person or by the duly
authorized attorney for such registered owner, upon surrender of such Bond to the Registrar and
Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by
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2459342.1 039686 RSIND
the registered owner in person or by the duly authorized attorney for such registered owner, in
form satisfactory to the Registrar and Paying Agent,
M All transfers or exchanges pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar and Paying Agent for such series of Bonds shall require the payment by the
registered owner of the Bond requesting such transfer or exchange of any tax or other
governmental charges required to be paid with respect to such transfer or exchange. All Bonds
surrendered pursuant to this Section 4 shall be cancelled.
(g) (i) The Bonds shall be issued in full book -entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or
any integral multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal and interest payments on the Bonds will be made by the
Registrar and Paying Agent to DTC or its nominee, Cede & Co., as registered owner of the
Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal
to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC
Participants will be the responsibility of DTC. Transfers of such payments to beneficial owners
of the Bonds by DTC participants will be the responsibility of such participants and other
nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants who act on
behalf of the indirect participants of DTC mid the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
Participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers
on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau
charge for the assignment of such numbers shall be the responsibility of the successful bidder for
or purchaser of the Bonds.
5-
2459342.1 039686 RUND
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 6. To the extent it shall be contemplated at the time of their issuance
that the interest on any Bonds issued hereunder shall be excludable from gross income for
purposes of federal income taxation, the City covenants and agrees that it shall comply with the
provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, and
the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long
as any such Bonds are outstanding.
SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance
in the principal amount of not to exceed $27,000,000 in Section 1(a) (after taking into account
costs of issuance, underwriting compensation and original issue discount) shall be applied to the
payment of the cost of the following public improvement projects of and for the City in
substantially the following respective amounts:
Purpose
Amonnt
Public Schools
$8,500,000
Public Libraries
3,577,000
Parks and Recreation
1,000,000
Bridge Renovation Projects
5,650,000
Stormwater Management Projects
1,920,000
Berglund Center (Civic Center) hmprovement Projects
1,500,000
Curbs, Gutter and Sidewalk Improvement Projects
1,000,000
Rail Passenger Infrastructure Improvement Projects
2,500,000
Streetscape Improvement Projects
500,000
Total
$26,147,000
If any project set forth above shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other projects so set forth.
SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dates and at such price or prices as shall be determined by the City Manager and the
Director of Finance.
(b) If the Bonds are sold at competitive sale, the Director of Finance is hereby
authorized to prepare and distribute, or to cause to be prepared and distributed, via electronic
dissemination or otherwise, a Preliminary Official Statement and an Official Notice of Sale
relating to the Bonds. In preparing the Official Notice of Sale relating to the Bonds, the Director
of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be
received by electronic bidding.
6-
2459342.1039686 RSIND
(c) If the Bonds are sold at competitive sale, the City Manager and the
Director of Finance, without further action by the Council, (i) are hereby authorized to determine
the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the
dates on which interest on the Bonds shall be payable, the aggregate principal amount of the
Bonds of each series and the principal amount of the Bonds of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the poi chase of the Bonds of each series
and to accept the bid offering to purchase the Bonds of each series at the lowest hue interest cost
to the City; provided, however, in no event shall the true interest cost to the City with respect to
the Bonds of any series exceed six percent (6.00 %). The City Manager and the Director of
Finance are further authorized to fix the rates of interest to be borne by the Bonds of each
maturity of each series as specified in the bid accepted by them in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds upon the advice
of the City's financial advisor; provided, however, in uo event shall any redemption premium
payable by the City exceed two percent (2.00 %).
(d) If the Bonds are sold at negotiated sale, the City Manager and the Director
of Finance, without further action of the Council, (i) are hereby authorized to determine the dated
dale of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on
which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of
each series and the principal amount of the Bonds of each series maturing in each year and
(ii) are hereby authorized to select the underwriters of the Bonds (the "Underwriters ") and to sell
the Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are
sold at negotiated sale, the Bonds shall bear interest at such rates per annum as shall be approved
by the City Manager and the Director of Finance; provided, however, in no event shall the true
interest rate for the Bonds of any series exceed six percent (6.00 %). The City Manager and the
Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of
each maturity of each series as negotiated with the Underwriters in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds upon the advice
Of the City's financial advisor; provided, however, in no event shall any redemption premium
payable by the City exceed two percent (2.00%). Either or both of the City Manager and the
Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond
Purchase Contracts relating to the sale of the Bonds by the City to the Underwriters.
(e) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisor and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of the
Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2 -12
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934, as amended ( "Rule 15c2 -12" ). The City Manager and the Director of Finance are
hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a
7-
2459342/ 039686 RSMD
certificate in substantially the form to be included in the Official Statement under the caption
"Certificate Concerning Official Statement ".
(f) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2 -12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(g) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar and
Paying Agent, and the assignment endorsed on the Bonds, shall be in substantially the forms set
forth in Exhibit A attached hereto.
SECTION 10. General obligation public improvement bond anticipation notes
(the "Notes ") are authorized for issuance and sale by the City Manager and the Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on
such other terms and conditions as shall be determined by the City Manager and the Director of
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal amount of the
Notes of each series and the principal amount of the Notes of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series
if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at
negotiated sale and, without further action of the Council, to accept the bid or proposal offering
to purchase the Notes of each series at the lowest true interest cost to the City; provided,
however, in no event shall the true interest cost to the City with respect to the Notes of any series
exceed six percent (6.00 %). The City Manager and the Director of Finance are further
authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as
specified in the bid or proposal accepted by them in accordance with the immediately preceding
sentence. The City Manager and the Director of Finance are hereby authorized to determine the
provisions relating to the redemption of [lie Notes upon the advice of the City's financial advisor;
provided, however, in no event shall any redemption premium payable by the City exceed two
percent (2.00 %). If such Notes are offered for competitive sale, an Official Notice of Sale of
such Notes shall be prepared, published and distributed in accordance with the requirements of
Section 8. If such Notes are publicly offered, there may, also be prepared and distributed a
Preliminary Official Statement and a final Official Statement relating to such Notes in such form
as shall be approved by the Director of Finance. The issuance and details of such Notes shall be
governed by the provisions of Section 15.2 -2628 of Title 15.2, Chapter 26, Article 2 of the Code
Of Virginia, 1950, as amended. The provisions of Sections 2 and 6 shall apply to such Notes to
the same extent the same apply to the Bonds except, in the case of the provisions of Section 2,
-8-
2459342.1 039686 RSIND
only to the extent such Notes are not paid from the proceeds of the Bonds or from any other
available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10
may be issued and sold in accordance with the provisions of this Resolution at any time within
five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered all "official intent" within the meaning of
Treasury Regulation Section 1.150 -2 promulgated under the Internal Revenue Code of 1986, as
amended.
SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City o£
Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950 as
amended.
SECTION 13. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATTEST:
CITY CLERK
9-
2459342.1 039686 RSMD
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R--
EXHIBIT A
REGISTERED
MATUWTY INTEREST
DATE: RATE: DATE OF BOND: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City "), for
value received, acknowledges itself indebted and hereby promises to pay to the Registered
Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this
Bond shall be subject to prior redemption and shall have been duly called for previous
redemption and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on and
semiannually on each and thereafter (each such date is hereinafter
referred to as an "interest payment date "), from the date hereof or from the interest payment date
next preceding the date of authentication hereof to which interest shall have been paid, unless
such date of authentication is an interest payment date, in which case from such interest payment
date, or unless such date of authentication is within the period from the sixteenth (16th) day to
the last day of the calendar month next preceding the following interest payment date, in which
case from such following interest payment date, such interest to be paid until the maturity or
redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the
Registrar and Paying Agent hereinafter mentioned to the Registered Owner in whose name this
Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th)
day (whether or not a business day) of the calendar month next preceding each interest payment
date; provided, however, that so long as this Bond is in book -entry only form and registered in
the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name
of such other nominee of DTC as may be requested by an authorized representative of DTC,
interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire
transfer. Interest on this Bond shall be calculated on the basis of a three hundred sixty (360) day
A -1
2459342.1 039686 RSIND
year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable
upon presentation and surrender hereof, at the office of as the Registrar and Paying
Agent, in the City of _� Principal of and interest on this Bond are
payable in any coin or currency of the United States of America which, on the respective dates of
payment thereof, shall be legal tender for public and private debts.
This Bond is one of an issue of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, which is issued for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of vicious public improvement projects of and for the City (including
related design and architectural and engineering services), under and pursuant to and in full
compliance with the Constitution and statutes of the Commonwealth of Virginia, including
Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public
Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly
adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after __ 1, 20 are subject to redemption at the
option of the City prior to their stated maturities, on or after __ 1, 20 , in whole or in
part from time to time on any date, in such order as may be determined by the City (except that if
at any time less than all of the Bonds of a given maturity are called for redemption, the particular
Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds
to be redeemed, together with the interest accrued thereon to the date fixed for the redemption
thereof.
The Bonds of the issue of which this Bond is one maturing on _ _ _ are
subject to mandatory sinking fund redemption on and on
thereafter and to payment at maturity on _ — — — — of each year
forth below, in the case of redemption with the particular Bond or Bonds maturing ouch year set
or potions thereof to be redeemed to be selected by lot, upon payment of the principal
amount of the Bonds maturing on _ _ to be redeemed, together with the interest
accrued on the principal amount to be redeemed to the date fixed for the redemption thereof.
Year Principal Amount
The City, at its option, may credit against such mandatory sinking fund redemption requirement
the principal amount of any Bonds maturing on _ __ _which have been purchased and
cancelled by the City or which have been and not theretofore applied as a credit
against such mandatory sinking fund redemption requirement.
A -2
24593421 039686 RSIND
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this
Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new
Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof
not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for
redemption, by first class mail, postage prepaid, to the Registered Owner hereof at the address of
such Registered Owner as it appears on the books of registry kept by the Registrar and Paying
Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for
redemption. If notice of the redemption of this Bond (m- the portion of th the principal e principal amount amount
hereof to be redeemed) shall have been given as aforesaid, and payment of
Of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued
interest payable upon such redemption shall have been duly made or provided for, interest
hereon shall cease to accrue from and after the date so specified for the redemption hereof.
Any notice of the optional redemption of this Bond may state that it is conditioned
upon there being on deposit with the City on the date fixed for the redemption hereof an amount
of money sufficient to pay the redemption price of this Bond, together with the interest accrued
thereon to the date fixed for the redemption hereof, and any conditional notice so given may be
rescinded at any time before the payment of the redemption price of this Bond, together with the
interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If
a redemption of this Bond does not occur after a conditional notice is given due to there not
being on deposit with the City a sufficient amount of money to pay the redemption price of this
Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the
corresponding notice of redemption shall be deemed to be revoked.
Subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount
of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity.
This Bond is transferable by the Registered Owner hereof, in person or by the attorney for such
Registered Owner duly authorized in writing, on the books of registry kept by the Registrar and
Paying Agent for such purpose at the office of the Registrar and Paying Agent but only in the
manner, subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the series of which this Bond is one, and upon the
surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized
denominations and of the same aggregate principal amount, issue, interest rate and maturity as
the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar and Paying Agent.
The fill faith and credit of Lire City are irrevocably pledged to the parental
payment of the principal of and interest on this Bond as the same become due. In each year
A -3
2459342.1 039686 RSINn
while this Bond is outstanding and unpaid, the Council of the City shall be authorized and
required to levy end collect annually, at the same time and in the same manner as other taxes of
the City are assessed, levied and collected, a tax upon all property within the City, over and
above all other taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and interest on this Bond to the extent other funds of the City
are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and mauler as required by law, and that
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be
imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to
be dated the date first above written.
[SEAL] CITY OF ROANOKE, VIRGINIA
Mayor
Attest:
City
CERTIFICATE OF AUTHENTICATION
proceedings. This Bond is one of the Bonds delivered pursuant to the within- mentioned
, as Registrar and Paying Agent
By: —
Authorized Signatory
Date of Authentication:
A -4
2459342 1 039686 RSWD
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please plvrt or type name and address, including postal zip code of "Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appointing
on the books kept for the registration thereof, with hilt power ofsub titutio �in the premisesBond ansfer such
Dated:
Signature Guaranteed:
NOTICE: 8igmduae4s) must be guaranteed
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
A -5
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
2459342) 039686 RSIND
.S'I CPHANIE hl. MOON REYNOLDS, MMC
City Clerk
Barbara A. Dameron
Director of Finance
Roanoke, Virginia
Dear Ms. Dameron:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(a)manokeva.gov
June 16, 2015
JONATHAN E. C'RAZ`E CMC
Depnty City Clerk
CECELIA'F. WEDD, CMC
As'sislnnt Deputy City Clerk
I am enclosing copy of Budget Ordinance No. 40279- 061515 appropriating funding to
be provided by the issuance of General Obligation Bonds to the Stormwater
Improvements, Civic Center Upgrades, City -wide Curb /Gutter /Sidewalk FY16,
Passenger Rail Infrastructure, Bridge Renovations, Williamson Road Library
Renovations, Melrose Library Renovations, Parks & Recreation Master Plan - Phase ll,
Streetscapes, Round Hill Expansion- Phase III, and Patrick Henry Stadium Turf
Replacement projects, amending and reordaining certain sections of the 2015 - 2016
Stormwater Utility, Civic Facilities, Capital Projects, and School Capital Projects Funds.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 15, 2015; and is in full force and effect upon its
passage.
Sincerely,
anie M. Moon Reynolds, MMC
City Clerk
Enclosure
Pc: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Amelia C. Merchant, Director, Management and Budget
Sheila Umberger, Director, Libraries
Barbara A. Dameron
Director of Finance
June 16, 2015
Page 2
Pc: Steven C. Buschor, Director, Parks and Recreation
Bob Bengtson, Director, Public Works
Dwayne D'Ardenne, Manager, Stormwater Division
Robyn Schon, General Manager, Berglund Center
Mark Jamison, Manager, Department of Transportation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of June, 2015.
No. 40279- 061515.
AN ORDINANCE to appropriate funding to be provided by the issuance of
general obligation Bonds to the Stormwater Improvements, Civic Center Upgrades,
City -wide Curb /Gutter /Sidewalk FY16, Passenger Rail Infrastructure, Bridge
Renovations, Williamson Road Library Renovations, Melrose Library Renovations,
Parks & Rec Master Plan - Phase II, Streetscapes, Round Hill Expansion — Phase III,
and PH Stadium Turf Replacement projects, amending and reordaining certain sections
of the 2015 -2016 Stormwater Utility, Civic Facilities, Capital Projects, and School
Capital Projects Funds, 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 2015 -2016 Stormwater Utility, Civic Facilities, Capital Projects, and
School Capital Projects Funds Appropriations be, and the same are hereby, added,
amended, and reordained to read and provide as follows:
Stormwater Utility Fund
Appropriations
Appropriated from 2016 Bond Funds
03 -530- 3014 -9377
$ 1,920,000
Stormwater Improvements
03- 530 - 3017 -9384
( 1,920,000 )
Civic Facilities Fund
Appropriations
Appropriated from 2016 Bond Funds
05 -550- 8631 -9377
500,000
Civic Center Upgrades
05 -550- 8635 -9340
( 500,000)
Capital Proiects Fund
Appropriations
Parks & Rec Master Plan - Phase II
08- 530 - 9434 -9344
( 1,000,000 )
Passenger Rail Infrastructure
08- 530 - 9434 -9362
( 2,500,000 )
Streetscape Improvements
08- 530 - 9434 -9363
( 500,000)
City -Wide Curb Gutter Sidewalk
08- 530 - 9434 -9370
( 1,000,000 )
Library Renovations
08- 530 - 9434 -9378
( 3,577,000 )
Bridge Renovations
08- 530 - 9434 -9383
( 5,650,000 )
Appropriated from 2016 Bond Funds
Appropriated from 2016 Bond Funds
08- 530 - 9435 -9377
$ 1,000,000
Appropriated from 2016 Bond Funds
08- 530 - 9436 -9377
08- 530 - 9593 -9377
500,000
Appropriated from 2016 Bond Funds
Appropriated from 2016 Bond Funds
08- 530 - 9594 -9377
250,000
150,000
Appropriated from 2016 Bond Funds
08- 530 - 9595 -9377
08 -530- 9596 -9377
750,000
Appropriated from 2016 Bond Funds
Appropriated from 2016 Bond Funds
08- 530- 9600 -9377
750,000
230,000
Appropriated from 2016 Bond Funds
08- 530 - 9649 -9377
08 -530- 9621 -9373
3,347,000
Appropriated from 2016 Bond Funds
Appropriated from 2016 Bond Funds
08- 530 - 9964 -9377
2,500,000
417,651
Appropriated from 2016 Bond Funds
08- 530 - 9965 -9377
08 -620- 9770 -9377
3,332,349
School CgIggal proiects Fund
1,000,000
Appropriations
Appropriated from 2016 Bond Funds
Appropriated from 2016 Bond Funds
31- 065 -6007 -9377
461,457
Round Hill Exp — Phase III
31- 065 - 6059 -9377
31- 060 - 9582 -9379
2,538,543
PH Stadium Turf Replacement
31- 060- 9582 -9382
(2,538,543 )
( 461,457 )
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.
U
- CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 1 S, 201 5
Subject: Authorization of FY 2016 Bond Issuance and Appropriation of
Funds for Capital Projects
Background:
On May 11, 2015, City Council approved the Capital Improvement Program (CIP)
Update for FY 2016 -2020. The CIP included planned bond issuance in FY 2016
in the amount of $26,147,000 for the following projects:
• School Facility Maintenance and Improvements - $8.500.000
Funding provides for Stadium Turf replacement, construction of
classrooms and gymnasiums or multi - purpose rooms, and various other
school improvements.
• Bridge Renovation - $5.650.000
Funding provides for identified bridge renovation projects.
• Library Master Plan - $3.577.000
Funding provides for Williamson Road branch renovation, as well as
planning and design work for the Melrose branch.
• Parks and Recreation Master Plan - $1 000.000
Funding provides for priority Parks and Recreation Master Plan projects.
• Berglund Center (Civic Center) Improvements - $1,500,000
Funding provides for prioritized capital improvements within the
Berglund Center (Civic Center) complex.
• Storm Drain System Improvements - $1,920,000
Funding provides for addressing prioritized neighborhood stormwater
drain projects throughout the city.
• Curb Gutter and Sidewalk Program - $1 000.000
Funding provides for prioritized curb, gutter and sidewalk projects.
Passenger Rail Infrastructure - $2,500.000
Funding provides for infrastructure improvements to support the
passenger rail platform.
• Streetscaoe Improvements - $500.000
Funding provides for prioritized street scape projects.
Considerations:
City Council authorization is required for the issuance of bonds to provide
funding for the projects listed below:
Public Schools
$8,500,000
Public Libraries
3,577,000
Parks and Recreation
1,000,000
Bridge Renovation Projects
5,650,000
Stormwater Management Projects
1,920,000
Berglund Center (Civic Center) Improvements
1,500,000
Curbs, Gutter and Sidewalk Improvements
1,000,000
Rail Passenger lnfrastructure Improvements
2,500,000
Streetscape Improvements
500,000
Total
$26,147,000
On January 5, 2015, Council approved the advance appropriation of the FY
2016 debt issuance for a portion of the Schools anticipated need as well as the
Berglund Center (Civic Center) to facilitate construction and costs savings. The
advance appropriation was $5.5 million for Schools and $1.0 million for the
Berglund Center (Civic Center). The amount to be advanced appropriated with
Council's approval for the 2016 issuance will be net of the previous
appropriations or $19,647,000.
In order to provide sufficient flexibility to support bond issuance in the event of
a premium on the sale of bonds, authorization of issuance of up to $27 million
is recommended by the City's financial advisor, Public Financial Management
(PFM).
Recommended Action:
Hold a public hearing on the issuance of general obligation public improvement
bonds. Following the public hearing, adopt the accompanying resolution
authorizing the issuance of bonds up to $27 million for the projects previously
referenced. This resolution shall include language declaring the City's intent to
reimburse itself from the proceeds of these bonds.
Adopt the accompanying budget ordinance to appropriate, in advance of
issuance, Series 2016 bond funding in the amount of $19,647,000 to project
accounts to be established by the Director of Finance in the Capital Projects,
Stormwater and Civic Center Funds.
®RIS R P. MORRILL
City Manager
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Donald G. Gurney, Bond Counsel, Hawkins Delafield & Wood
LLP
Kevin Rotty, Managing Director, Public Financial Management
Inc.
Robyn Schon, Global Spectrum General Manager, Berglund
Center
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - CLERKS OFFICE
215 CHURCH AVE SW
ROOM 456
ROANOKE, VA 24011
Account Number
600]932
Date
June 08, 2015
Dale Category Description Ad Size Total Cost
06/082015 Legal Notices PUBLIC HEARING June 15. 2015 1 x 88 L 872.56
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 June 15, 2 was published in said newspapers on the
following dates:
06101.06/08/2015
The First insertion being given ... 06/0112015
Newspaper reference: 0000170394
Billing RepirlUentative
Sworn to and subscribed before me this Monday, June 8, 2015
�Not Public N %
s.
neclm mo
State of Virginia - McS52 >oays2a c
City/County of Roanoke I,Ixn� N - - -� Ran
My Commission expires '�F U �l
�Oa9RV
P02' ("I
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, purposed to
3ectla1 152301 of the Come of Room 456, 215 Church Avenue, ETA,
eirginia, 1960, as amended, that the Roanoke, Virginia 2011.
"ouncil of the City Of Raanoke, Virginia Oate @May 21, 2015
(the "City'), will III A public hearing STEPHANIE M. MOON REYNOLDS, MMC
on MMtlay, Wtrc 15, 3015, at l W PNi Cox CleA, City of Roanoke Vir inia
peal time, or as soon thereafter as the
matter may be heard, in the Council (170394)
1.1hember. fourth Rrgc NOeI C. Taylor
S.Vo-
a debt and
bond anticipation notes of the City In
the principal amount of not to exceed
a27,000.00o for the purpose of
providing net proceeds of sale (after
Mkmn 'man account casts of issuance,
extension, enlargement, remounting.
consolidation and repair of various
public improvement projects of and for
the City (including related design and
architectural and engineering servic¢9
for the purposes and In the amounts
set from below; pmvidetl that, if any
Purpose set forty below shall r puire
ss than the entire rcspecdiye amount
epat forth, the dlfierence may be
phed to any of the other purposes an
sot forth:
Purpose Amount
Public Schools 885001000
Public Libraries 3,571,00
Parks and Recreation 1,000,00
Bridge Renovation Projects 5650000
Stcrmwater Management
Projects 1,92.W0
Berglund Center
(Civic Center) Improvement
Pmtecm 1.So4Wo
Curbs, Butter and Smewal,
Improvement Projects 1.00TW0
Rail Passenger Infrastructure
Improvement Prefects 2504000
Streetscape Improvement
Projects 501
Total 826,141,000
All members of the public and
interested Individuals are invited to
attend such hearing and to appear and
present their view on the proposed
resolution and the proposed bond
Issuance, both orally and In writing.
Should written ments be
presented, three coal s should be
made available to the undersigned at
or before the public hearing.
If you are a pvson with a Nonplus
who needs accemmadations for this
public M1eanng, please contact the City
Clerk's Office at (50) 891541, by
Thursday, June 11, 2015.
The mil text of the proposed resolution
( On f ifine ile is the 0 of the city Clerk.
Noel C. Taylor Municipal Building.
el
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 15.2- 2606.A of the Code of
Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia (the "City "), will hold a
public hearing on Monday, June 15, 2015, at 7:00 P.M., local time, or as soon thereafter as the matter
may be heard, in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a
resolution authorizing the City to contract a debt and issue general obligation public improvement
bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation
public improvement bond anticipation notes of the City) in the principal amount of not to exceed
$27,000,000 for the purpose of providing net proceeds of sale (after taking into account costs of
issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair
of various public improvement projects of and for the City (including related design and architectural
and engineering services) for the purposes and in the amounts set forth below; provided that, if any
purpose set forth below shall require less than the entire respective amount so set forth, the difference
may be applied to any of the other purposes so set forth:
Purpose Amount
Public Schools $8,500,000
Public Libraries 3,577,000
Parks and Recreation 1,000,000
Bridge Renovation Projects 5,650,000
Stormwater Management Projects 1,920,000
Berglund Center (Civic Center) Improvement Projects 1,500,000
Curbs, Gutter and Sidewalk Improvement Projects 1,000,000
Rail Passenger Infrastructure Improvement Projects 2,500,000
Streetscape Improvement Projects 500,000
Total $26,147,000
All members of the public and interested individuals are invited to attend such hearing
and to appear and present their view on the proposed resolution and the proposed bond issuance, both
orally and in writing. Should written comments be presented, three copies should be made available to
the undersigned at or before the public hearing.
If you are a person with a disability who needs accommodations for this public hearing,
please contact the City Clerk's Office at (540) 853 -2541, by Thursday, June 11, 2015.
2457780 2 039686 MIS
-2-
The full text of the proposed resolution is on file in the office of the City Clerk, Noel C.
Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
Dated: May 21, 2015
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
City of Roanoke, Virginia
[TO BE PUBLISHED ON MONDAY, JUNE 1, 2015,
AND ON MONDAY, JUNE 8, 20151
2457780 1 039686 1 RMS
Note to Publisher
Please publish twice in The Roanoke Times, Legal Notices, once on Monday, June 1, 2015, and once
on Monday, June 8, 2015.
Please send bill to: Please send affidavit of publication to:
Barbara A. Dameron, Director of Finance Stephanie M. Moon Reynolds, City Clerk
465 Noel C. Taylor Municipal Building 456 Noel C. Taylor Municipal Building
215 Church Avenue, S.W. 215 Church Avenue, S.W.
Roanoke, VA 24011 Roanoke, VA 24011
(540) 853 -2970 (540) 853 -2541
2457780,2 039686 FRMS
IM
June 15, 2015
To: Roanoke City Council Members
From: 15 Now Roanoke Members and Petitioners
Re: Making an official recommendation to raise Virginia's minimum wage to $15.00 an hour
Outline:
1. What's the problem?
a. In 2013, 1 in 4 people in Roanoke (22,056 out of 98,465) were living below the federal poverty
guidelines. /Us Census Bureau]
b. The current federal poverty guidelines aren't realistic about people being able to meet their
needs though. Here are some more accurate poverty levels (minimum monthly expenses
calculated into hourly wages needed) in Roanoke based on working 40 hrs /week, and
without a car, savings, emergency money, or public assistance:
1 Adult and 1 Child 1 Adult and 2 Children
$600 - Rent /Utilities $650 - Rent /Utilities
$400 -800 - Childcare $800 -1600 - Childcare
$300 -Food /Hygiene $400 -Food /Hygiene
$150- Household /Clothing $250- Household /Clothing
$150 - Health Insurance (for parent) $150 - Health Insurance
$48 - Bus Pass $48 - Bus Pass
$45 -Phone $45 -Phone
= $1,693 - $2,093= 12.60 hr = $2,343 - $3,143= $17.52/h
c.41 %of all jobs in the greater Roanoke area pay less than $12.60 /hr
72% of all jobs pay less than $17.52/hr rus Bureau of Labor statistics]
2. What's the history?
a. In 1968, almost 50 years ago, the lowest paid workers earned $1.60 /hr, which is equal to
$10.75/hr today. [US Bureau of Labor Statistics Inflation calculator]
b. Accounting for inflation, productivity and per capita income growth (which have all greatly
increased) in the U5 since 1968, minimum wage should be $21.56 - $25.00 /hr.
[US Bureau of Labor Statistics & Inequality.org]
3. What do we want?
We strongly urge members of Roanoke City Council to make an official recommendation to the
Virginia Senate, House of Delegates and Governor to raise Virginia's minimum wage to $15 /hr,
index it with per capita income growth, and ensure all workers' rights to unionize.
4. The benefit:
Paving well nays well. Financially, putting more money in people's pockets allows them to buy the
things they produce and stimulate the economy. Socially /spiritually, studies show that life
satisfaction for all economic groups increases as minimum wage and the lowest standard of living
increases. [UN 2013 World Happiness Report]
1111
IN 1966
MINIMUM WAGE WAS EQUAL TO:
$10075
TODAY
,_o„n vs16 -1 , to in&t- k/2011)
IN 2013
z MILLION
PEOPLE IN VIRGINIA
WERE IN OR NEAR POVERTY
(And that s a low estimate)
(2N'5 Itl c e -1 ol a,?7n.yts
5911 f.r. fa n'J�, 2 4'!9.1.1111,1 Nra Fm1, 11]
SAIIALE:I5UMY5 WHVJ
1NENXSLPY
10101AIIImv11
0
III
MINIMUM WAGE HAS NOT BEEN RAISED
WITH INFLATION, PRODUCTIVITY, OR PROFIT.
ACCOUNTING FOR SUCH, IT SHOULD BE
$21e561
INSMla4It'.11 toAA tGp65
PAYINU WELL,
PAYS �-�v..,:
PUTTING MORE MONEY
INTO PEOPLES' POCKETS:
1. ALLOWS THEM TO BUY THE THINGS THEY PRODUCE
2. STIMULATES THE ECONOMY
3. PROVIDES A HIGHER OUALDY OF LIFE FOR RLL
lro i p oo
t :'t "IX iP3 N0oap X1448 -a 140W
NIIPJ /'N�RSIq LpFle —li