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HomeMy WebLinkAboutCouncil Actions 09-19-16TRINKLE 40638 - 091916 ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 19, 2016 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order- -Roll Call. Council Member Trinkle arrived late (7:00 P.M.) The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 22 at 7:00 p.m., and Saturday, September 24 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL - APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO COMPLETE AN ONLINE APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT VACANCIES AND /OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BUILDING AND FIRE CODE OF APPEALS - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2017 HUMAN SERVICES ADVISORY BOARD - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING NOVEMBER 30, 2016 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - TWO VACANCIES UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2018 TERM OF OFFICE ENDING JUNE 30, 2019 ROANOKE CIVIC CENTER COMMISSION - ONE VACANCY TERM OF OFFICE ENDING SEPTEMBER 30, 2019 TOWING ADVISORY BOARD - ONE VACANCY TERM OF OFFICE ENDING OCTOBER 31, 2019 (TOWER) VISIT VIRGINIA'S BLUE RIDGE, BOARD OF DIRECTORS - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2017 THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE 2016 CITIZEN OF THE YEAR. TO OBTAIN INFORMATION TO SUBMIT A NOMINATION, CONTACT THE CITY CLERK'S OFFICE AT (540) 853 -2541 OR ACCESS THE FORM AT EACH CITY LIBRARY BRANCH. DEADLINE FOR RECEIPT OF NOMINATIONS IS WEDNESDAY, SEPTEMBER 28, 2016. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring the week of September 17 - 23, 2016 as Constitution Week. Mayor Lea presented a ceremonial proclamation to Caroline Wehner, Regent, Nancy Christian Fleming Chapter, Daughters of the American Revolution. 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. Daniel Highberger, 1627 Main Street, S. W., and Jesse Warren, 407 Mountain Avenue, S. W., #2, appeared before Council regarding constitutional right to bear firearms and condemn the open carry gun restrictions. 4. CONSENT AGENDA: (Approved 6 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C -1 A communication from the City Attorney requesting that City Council authorize the scheduling and advertisement of a public hearing to be held on October 3, 2016 at 2:00 p.m., or as soon thereafter as the matter may be reached, or at such other date and time thereafter as deemed necessary by the City Manager, for City Council to reaffirm its intent for the City to convey Parcel 1A, containing 28.8908 acres, more or less, and Parcel 1B, containing 6.9357 acres, more or less, as shown on the August 31, 2016 survey, to Straight Street Roanoke Valley, Inc.; and to authorize the City Manager to execute Amendment No. 1 also provides that the closing date is on or before October 31, 2016. RECOMMENDED ACTION: Concurred in the request. C -2 Annual Report of the Audit Committee for Fiscal Year ending June 30, 2016. RECOMMENDED ACTION: Received and filed. C -3 Annual Report of the Mill Mountain Advisory Board for the year 2015 — 2016. RECOMMENDED ACTION: Received and filed. C -4 Reports of qualification of Harvey D. Brookins as a City representative of the Western Virginia Water Authority for a four -year term of office ending June 30, 2020; and Andrew J. Anguiano as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation of the 2016 Writer on the Bus Program. Susan Jennings, Arts and Culture Coordinator, Spokesperson. (Sponsored by Council Members Dykstra and Trinkle) Received and filed. b. A communication from Council Member David B. Trinkle, Chairman, Roanoke City Council Personnel Committee, advising of the expiration of the two -year terms of office of the City Attorney, City Clerk and Municipal Auditor ending September 30, 2016. Council concurred in recommendation to reappoint Stephanie M. Moon Reynolds, MMC, City Clerk; Daniel J. Callaghan, City Attorney; and Troy A. Harmon, Municipal Auditor; for terms of two years, each, ending September 30, 2018. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 4 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds from the Virginia Department of Transportation (VDOT) in connection with the Smart Scale Grant for the Edgewood Street Transit Accessibility Improvements Project. Adopted Resolution No. 40638. 091916 and Budget Ordinance No. 40639-091916. (6-0) 2. Acceptance and appropriation of grant funds from the Department of Fire Programs to supplement the Fire -EMS budget. Adopted Resolution No. 40640 - 091916 and Budget Ordinance No. 40641-091916. (6-0) 3. Acceptance and appropriation of grant funds from the Virginia E -911 Services Board to purchase a voice logging recorder system. Adopted Resolution No. 40642 - 091916 and Budget Ordinance No. 40643 - 091916. (6 -0) 4. Amendment of the contract with Blue Ridge Rescue Suppliers for firefighter turnout gear. Adopted Resolution No. 40644- 091916 and Budget Ordinance No. 40645- 091916. (6 -0) 5. Authorization to execute an agreement with Carilion Property Management for the use of 6 Riverside Parking Garage on October 14 - 16, 2016 in connection with the Roanoke GO Outside Festival. Adopted Resolution No. 40646-091916. (6-0) COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Politico magazine article • Roanoke was featured in Politico's "What Works" series on September 15 • Outlines the history of Roanoke as a city and its evolution • Includes quotes and photos of Roanoke leaders • This is a great retelling of Roanoke's story and how it has grown into the vibrant city it is today • Wonderful to have Roanoke featured on a national platform VML Town & City magazine • The July /August issue included an article titled "Broadband Comes to Roanoke Valley" • Explained the importance of developing the Roanoke Valley Broadband Authority • Highlighted the Authority's first milestone: the April 2016 launch of the 47 -mile network in the cities of Roanoke and Salem • Discusses next steps for this important agency Go Outside Festival (GO Fest) • October 14 –16 at River's Edge Sports Complex • Free admission; some costs associated with specific activities • Includes more than 125 activities • This isn't a "sit in your seat" kind of event — attendees get involved by test driving a bike or stand -up paddleboard, leaming to fly cast, joining one of 12 races, camping out, sampling craft beer, taking a survival class, etc. • Since 2011, GO Fast has grown remarkably – attracting over 25,000 people in 2015 • More information on Facebook at www.facebook.com /GOfestival or online at www.roanokegofest.com Voter's Education Program • Roanoke Public Libraries are partnering with multiple local organizations including Roanoke City Public Schools, NAACP, and the Roanoke Registrar's Office for a week of voter's education programs on September 26 - October 3. • Program features: • Information — available at library branches regarding changes to the precincts and polling places. • Voter registration — citizens can register to vote at any library branch. • Photo ID DMV2Go will be at the Main Library September 27 and October 3 to create IDs. • A documentary film will be shown September 29, 6:00 p.m., at the Main Library – "Alice's Ordinary People" – about Alice Tregay, an ordinary Chicago woman who stood up to injustice in her community and helped to register people to vote. • For more information, contact Roanoke Public Libraries at 853 -2747. 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. 40647-091916. (6-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution recognizing the 2& Anniversary of the Blue Ridge Land Conservancy. Adopted Resolution No. 40648-091916.(6-0) b. A resolution designating a Voting Delegate, Alternate Voting Delegate for the Business Session and Staff Assistant for the Annual Virginia Municipal League Business Meeting to be held on Tuesday, October 11, 2016 in Virginia Beach, Virginia. Adopted Resolution No. 40649-091916. (6-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Ferris recognized and expressed appreciation to the Council- appointed officials for their tireless efforts and dedication to the citizens and employees of the City of Roanoke, respectively. He also commended the Western Virginia Regional Industrial Facility Authority for their work to leverage economic growth and the great strides in regional communication and cooperation. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 3:16 P.M. THE COUNCIL MEETING STOOD IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. rI ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 19, 2016 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. Welcome. Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 22 at 7:00 p.m., and Saturday, September 24 at 4:00 p.m.; and video streamed by Internet through CivICPIus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: Request of the City of Roanoke to consider an amendment to Vision 2001- 2020, the City's Comprehensive Plan, by the adoption of a new Wireless Telecommunications Facilities Policy dated September 12, 2016, to replace the existing policy adopted by City Council on May 20, 2004. Ian D. Shaw, Agent, City Planning Commission. Adopted Ordinance No. 40650-091916. (7-0) 2. Receive public comments with regard to approval of an amendment application for the boundaries of Enterprise Zone One A and its Subzone B. Christopher P. Morrill, City Manager. Adopted Resolution No. 40651- 091916. (7 -0) 3. Receive public comments on the City's Draft Consolidated Annual Performance and Evaluation Report (CAPER) for its Federal Housing and Urban Development (HUD) Funded Programs. Deferred action until Recessed Meeting scheduled for Friday, September 23, 2016 at 8:30 a.m., at the Raleigh Court Branch Library. 4. Proposal of the City of Roanoke to convey two City -owned parcels of property on Jae Valley Road in Roanoke County, bearing Official Tax Map Nos. 089.00 -03- 29.01 -0000 and 089.00 -03- 29.02 -0000, to Roanoke County for a public park facility with public access to Back Creek for canoe and kayak uses. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40652-091916. (7-0) 5. Proposal of the City of Roanoke to consider a boundary line adjustment between the City of Roanoke and Roanoke County situated along Williamson Road, N. E., in proximity to the former Happy's Flea Market development. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40653-091916. (7-0) 6. Proposal of the City of Roanoke to consider a boundary line adjustment between the City of Roanoke and Roanoke County situated along Blue Hills Village Drive involving two parcels owned by the National Bank of Blacksburg. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40654- 091916.(7.0) B. OTHER BUSINESS: 1. Petition for Appeal filed by Roy Bucher, President/Chairman, Chas. Lunsford Sons & Associates, in connection with a decision of the Architectural Review Board at its meeting of July 14, 2016, approving a Certificate of Appropriateness for an aluminum sign located at 20 E. Church Avenue, S. E. Roy Bucher, Spokesperson. Matter was withdrawn. C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. The following persons appeared before Council and spoke in opposition of a proposal to ban loaded guns in public places and citizens' rights to bear arms: Jay Pilot, 364 Koogler Drive, N. W., Crystal Carter, 202 Maplelawn Avenue, N. E. Daniel Highberger, 1627 Main Street, S. W. Nick Harvey, 1157 Wapiti Run Road, Moneta, 24121 D. RECESSED - 7:59 P.M. THE COUNCIL MEETING RECESSED UNTIL FRIDAY, SEPTEMBER 23, 2016 AT 8:30 A.M., IN THE COMMUNITY ROOM, RALEIGH COURT LIBRARY, 2112 GRANDIN ROAD, S. W., FOR THE PURPOSE OF TAKING ACTION TO APPROVE THE 2015 -16 HUD CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE ANNUAL STRATGEIC PLANNING WORK SESSION. 10 F t CITY OF ROANOKE y O� CITY COUNCIL ^ 215 Church Avenue, S. W. ' Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 - Telephone: (540) 853 -2541 SHERMAN P. LEA, SR. Fax: (540) 853 -1145 Mayor Email: clerk@roanokeva.gov September 19, 2016 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Beslpitch Michelle L. Dykstra Raphael E. `Ray" Perris John A. Garland Anita J. Price David B. Trinkle This is to advise you that I will not be present at the 2:00 p.m. meeting of Council on Monday, September 19, 2016; however, I will be present at the 7:00 p.m. session of Council. Sincere'y, l� David B. Trinkle Council Member DBT /ctw Office of the Mayor CITY OF ROANOKE rotlangieff CONSTITUTION WEEK SAS, the Consultation of the United Slates afAmerica, the guardian of o,o liberties, is a product of reflection and choice, embodying the Principles aflimiled government in a Republic dedicated to rule by lmr, not by,nea; WHEREAS, September 17, 2016 ma,4, d,e 229th anniversary ofthe drafting of the Constitution of the United States of America by the Constihnional Convention; WHEREAS, It is fitting and proper to accord official recagaition to this magnifcent docan,ew and the anniversay of itr creation, and to the patriotic cdifi otion, which wilt conm,emorate the occasion; and WHEREAS, Public Lmr Ala 915 guarantees the issuing of a prodarr,often aacb year by the President of the United States ofAmerica designating September 17 through September 23 as Constitution Week NOW, THEREFORE, 1,, Sherman P. Lea, Sr„ Mayor of the City of Roanoke, Virginia, do hereby proclaim September 17 through 23, 2016, throughout this great, six -nme Atl- America Ciry, as Constitution Week Given aide, ,,, hands and the Seal ofthe Ciry of Roanoke this nineteenth day of September in the year nvo thousand and sixteen. .Sherman P. Lea, Sr. Mayor ATTEST. I Stephavzie M Moon ATY11111 Ciry Clerk CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 Daniel J. Callaghan TELEPHONE 540 - 853.2431 City Attorney FAX 540.853 -1221 EMAIL cityatp @roanokeca.gov September 19, 2016 The Honorable Sherman P. Lea, Sr., 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: Request for Public Hearing to Reaffirm City Council's Intent for Conveyance of City Owned Property Located in Botetourt County Designated as Tax Parcels Nos. 108(9)1 A and 108(9)1 B to Straight Street Roanoke Valley, Inc., and to Amend the Sales Agreement. Dear Mayor Lea and Members of Council: Background: Pursuant to Roanoke City Ordinance No. 40466 - 032116, adopted March 21, 2016, following a public hearing, City Council authorized the City Manager to execute a sales agreement for the conveyance of City owned real estate located in Botetourt County designated as Botetourt Tax Parcels Nos. 108(9)1A ( "Parcel IA ") and 108(9)1B ( "Parcel 113") (collectively, the "Property ") to Straight Street Roanoke Valley, Inc. (`Straight Street"). The conveyance required Straight Street to use the Property to create a facility for the treatment and care of children who are homeless, or are the victims of human trafficking regardless of gender, and imposed certain post sale obligations upon Straight Street. The City and Straight Street entered into such sales agreement dated April 7, 2016 (`Sales Agreement"). Closing of the property was to occur no later than September 16, 2016, under the terms of the Sales Agreement. The Sales Agreement identified Parcel I A as containing 23.48 acres, more or less, and Parcel 1 B as containing 6.928 acres, more or less. This acreage was based on a survey more particularly describing the Property dated October 29, 2012, which the City had previously obtained and was attached to the Sales Agreement. Subsequent to the date of the Sales Agreement, Straight Street commissioned a revised survey of the Property dated August 31, 2016, which showed that Parcel IA actually contained 28.8908 acres, more or less, and Parcel 1B contained 6.9357 acres, more or less. Straight Street desires to substitute the August 31, 2016, survey in place of the October 29, 2012, survey described in the Sales Agreement. Considerations: The difference in acreage between the October 29, 2012, survey and the August 31, 2016, survey is approximately six acres. The difference in acreage between the two surveys is attributed to the fact that Parcel IA was not fully described in the October 29, 2012, survey and the size of Parcel LA was based on the area set forth in the Tax Records for Botetourt County, The City clearly intended to sell all of Property described as Parcel 1 A and Parcel I B. However, the recent survey plat may create some confusion for persons reviewing the record if the City conveys the Property using the current survey plat, without further action by City Council. In order to have additional time to address these issues, the City Manager and Straight Street mutually extended the closing date of the Property from September 16, 2016, until a date on or before and not later than October 31, 2016, by letter agreement dated September 13, 2016. Because the August 31, 2016, survey describes the conveyance of the Property of a greater size than City Council previously authorized, a public hearing is required pursuant to Section 15.2 -1800, Code of Virginia (1950) as amended, for City Council to consider this request. Recommended Actions: Authorize the scheduling and advertisement of a public hearing to be held on October 3, 2016, at 2:00 p.m., or as soon as the matter may be reached, or at such other date and time thereafter as deemed necessary by the City Manager, for City Council to reaffirm its intent for the City to convey Parcel 1A containing 28.8908 acres, more or less, and Parcel lB, containing 6.9357 acres, more or less, as shown on the August 31, 2016, survey, to Straight Street Roanoke Valley, Inc.; and to authorize the City Manager to execute Amendment No. 1 to the Sales Agreement with Straight Street providing for the same. Amendment No. 1 also provides that the closing date is on or before October 31, 2016. Sincerrr%ely, Danlaghan City Attorney Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Sherman Holland, Commissioner of Revenue Susan Lower, Director, Office of Real Estate Valuation Stephanie Moon Reynolds, City Clerk Barbara A. Dameron, Director of Finance Troy A. Harmon, Municipal Auditor rAUDIT COMMITTEE ANNUAL REPORT For Fiscal Year Ending June 30, 2016 ROANOKE September 7, 2016 The Audit Committee is one of three permanent committees of the City Council. It serves in an advisory role to the Council and appointed officers on matters related to the City's financial records and activities affecting the financial records. Meetings are typically held quarterly and at the request of any member. The following meetings were held for the fiscal year ending June 30,2016: • September 2, 2015 • December 21, 2015 • March 2, 2016 • June 8, 2016 Ray Ferris, Chair Anita Price, Vice Chair Court Rosen, Member Mayor Bowers, Ex -Officio stings Attended 4 4 4 2 The Committee Chair met monthly with the Municipal Auditor to review the status of current audit work, department development work, and investigations. The Audit Committee heard briefings and engaged in discussions related to the following areas: • Other Post - Employment Benefits Clerk of the Circuit Court • Home Rehabilitation Program Purchasing Cards • CAFR Opinions & Management Letters Fraud, Waste and Abuse Investigations • PLAY After School Program • APA Audit of Slate Collections • City Council Expenditures GRTC Revenue Collections • Virginia Investment Pool General and Automobile Liability Claims • Budget Transfer Ordinance • Audit Plan for CAFR, APA, At 33 The Audit Committee also reviewed the proposed budget for the Auditing department and updates on audit activity during the year. The minutes and reports are accessible online through the Auditing department's webpage. Municipal Auditing's Annual Report for the year ending June 30, 2016 is attached to this report. Page Intentionally Blank MUNICIPAL AUDITING ANNUAL REPORT Fiscal Year Ending June 30, 2016 37% Activity by Service Type 9 % 4% t 4sr 1 %-/ 1 2% Service 16% 31% Audit Follow Up Mgmt Assistance Financial Related Information Systems ■ Investigations Performance Quality Assurance Activity by Entity ■ CITY ■ RCPS v GRTC FY16 Assignment Status ■ Open ■ Closed Audit Reports Issued — FY16 External Audit Auditor opinions and management letters related to Coordination the annual audits of the financial statements for the City, City Pension, School Division, and GRTC City Council Audit of expenditures by members of City Council and Expenditures the City Clerk's Office for the fiscal year ending 6/30/15. Purchasing Cards Audit of compliance with p -card policies using statistical sampling PLAY After School Audited processes for managing after school Program programs held at Grandin Court, Preston Park and Eureka recreation centers Risk Management Audited processes for administering general and auto Liability Claims liability claims against the City Audit Reports Issued — FY16 Follow Up — Home Verified major home rehabilitation program policies Rehab Program were revised to help ensure projects are consistent with neighborhood plans and larger City goals. Follow Up — PLAY Verified plans to strengthen staff training, child sign - Program out, and building assessment processes were completed. Clerk of the Circuit Verified compliance with State requirements for Court administering deeds, wills and trusts. RCPS Student Audited controls over medications, medical records, Health Services and contract administration for outsourced nurses. RCPS Time and Audited processes for reporting overtime, paid leave, Attendance and extra duties. RCPS Workers Audited processes for new employee physicals, safety Compensation training, reporting injuries, medical and indemnity claims. Audit Reports Issued — FY16 GRTC Revenue Audit of processes for collecting cash fares on the Collections fixed route buses and payments for passes at the Campbell Court Transfer Center. FY16 Projects — Pending Tax and Treasury Facilitating reorganization of responsibilities for tax administration and collections, and implementation of a new comprehensive revenue system. Police Cash FYE Audit to determine if the Police Department is properly 12 -31 -15 assessing, collecting and reporting fees; properly managing cash funds. Right Of Way Audit to determine if right of way maintenance is Maintenance performed safely and timely. Berglund Center Audit to determine if the management company is Maintenance maintaining the facilities in accordance with the City contract. RCPS Fixed Assets Audit to determine if the Division is effectively safeguarding assets costing $500 or more. Records Storage Audit to verify that the vendor responsible for poviding Services offsite storage of City records has complied with the terms of its contract. Direct and Indirect Time ■ Direct ■ Indirect Benchmark= 61% Direct Time Indirect Time Qo, • Leave • Employee Development • Office Admin • Council & Boards • Audit Committee Planning / Development Performance Measures Assignments Completed / FTE 8 5.5 Client Satisfaction [1 to 51 4 4.8 Client Action Plans Completed 80% 75% End of Report (2.5) (5 %) MILL MOUNTAIN ADVISORY BOARD ANNUAL REPORT 2015 -2016 Mayor Lea and Members of City Council, I am pleased to report on the activities of the Mill Mountain Advisory Board. The members take their responsibilities to the citizens of Roanoke seriously and are committed to their task. Attendance — remains very high with the exception of one member who has a conflict with another appointed Board position. Despite indicating a desire to serve on MMAB on multiple occasions, he has not attended meetings. New Chair, Matt Bullington, will be contacting him. Constituent Reports — Zoo: We have been briefed on changes in direction at MMZ, the ongoing reaccreditation process, new programs and changes in animal collection. In addition, Chairwoman Dye and Dr. Sarah Karpanty have continued to pursue strengthening the relationship between Virginia Tech and MMZ. Mill Mountain Garden Club: Continues to endeavor to convert the Garden to all indigenous species, increase use of Amphitheater, and work in cooperation with MMZ and Discovery Center to coordinate projects. The Club reported on a very successful Historic Garden Tour Week. Discovery Center: Attendance remains strong with educational and recreational programs offered throughout the year. Mill Mountain Month — A day of activities was planned for last October but was cancelled due to inclement weather. The goal was to highlight the Zoo, Wildflower Garden and Discovery Center in a coordinated program of activities. The history of Roanoke and Mill Mountain, the Old Concrete Road and Star was included in the program plan. The Old Concrete Road was declared an Endangered Historic Site by Virginia Preservation. Prospect Road (Old Concrete Road) — After being declared an Endangered Historic Site, Mr. Buschor assured the members of the Board it would be a priority in the Parks and Recreation budget and agenda. The importance of this Road to our City's identity, tourism and local events /fundraising should be a priority. Urban Forrester: Members have walked trails and Road with representative of this department to identify dangerous trees /limbs, invasive kudzu, and other concerns. Storm Water Drainage: Despite an elegant drainage system on Mill Mountain, storm water drainage is often backed up with debris, causing water to rush under the road and walls. Debris builds up on the road, causing a hazard for cyclists and runners. At our request, an engineer from this Department was asked to evaluate. We are awaiting that report. Signage: Because GPS and similar systems do not accurately lead tourists to the Zoo and Star, we have requested larger and more detailed signs at the junction of Walnut Avenue and Sylvan Road, to prevent motorists from turning on to Sylvan Road. The addition of small yellow signs attached to the directional signs indicating "GPS Not Advisable" was suggested. (These signs are used throughout the country.) The Chair has discussed this and other concerns with the appropriate Department on multiple occasions. GPS to Zoo /Star: This remains a significant problem as GPS directs visitors to a private residence. Many tourists cannot reach the Zoo and Star as a result. While not seen by staff, we can report a very significant number of tourists affected by this —their frustration and confusion is an unfortunate experience for them. Louise Kegley, who has faithfully served this Board for many years, stepped aside and her daughter will be the new representative of the Fishburn Family. We were all saddened by the illness and passing of Steve Bushor, Director of Parks and Recreation. Mr. Mayor and Members of City Council, it has been an honor to serve on this Board and as the Chair. I thank you for this opportunity to be a good steward of the iconic symbol of our Star City —Mill Mountain Park. Respectfully Submitted, Nancy V. Dye MD Mill Mountain Advisory Board September 21, 2016 Gayle Shrewsbury, Secretary Western Virginia Water Authority Board 601 S Jefferson Street, #100 Roanoke, Virginia 24011 Dear Ms. Shrewsbury: This is to advise you that Harvey D. Brookins has qualified as a City representative of the Western Virginia Water Authority Board for a four -year term of office ending June 30, 2020. Sincerely, �p j � ,, ✓ Stephanie M. Moon Reynolds, M C City Clerk G� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Clmreh Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Teiepppae: (540)853 -2541 E..: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC +Ln,ail: clukQn roenokcea.g °v CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk September 21, 2016 Gayle Shrewsbury, Secretary Western Virginia Water Authority Board 601 S Jefferson Street, #100 Roanoke, Virginia 24011 Dear Ms. Shrewsbury: This is to advise you that Harvey D. Brookins has qualified as a City representative of the Western Virginia Water Authority Board for a four -year term of office ending June 30, 2020. Sincerely, �p j � ,, ✓ Stephanie M. Moon Reynolds, M C City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Harvey D. Brookins, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Western Virginia Water Authority Board for a four -year term of office ending June 30, 2020, according to the best of my ability. (So help me God.) ) � HARVEY D. BROOKIN9 The foregoing oath of offfi was taken, sworn to, and subscribed before me by Harvey D. Brookins this F day of_�2016. S. Hamilton, Clerk of the Circuit Court Clerk CECELIA T. WEER, CMC Assistant Deputy City Clerk September 21, 2016 Glenda Edwards Goh, Secretary City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 Dear Ms. Gob: This is to advise you that Andrew J. Anguiano has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Sincerely, Stephanie M. Moon Re olds, M C City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Teicnhmie: (540)853 -2541 Fax: (540)853 -1145 STEPIIANIE M. MOON REYNOLDS, MMC E-uuil: CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEER, CMC Assistant Deputy City Clerk September 21, 2016 Glenda Edwards Goh, Secretary City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 Dear Ms. Gob: This is to advise you that Andrew J. Anguiano has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020. Sincerely, Stephanie M. Moon Re olds, M C City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Andrew J. Anguiano, do solemnly swear (or affirm) 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 Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four -year term of office ending August 31, 2020, according to the best of my ability. (So help me God.) z), ANDREW J. ANGUTANO The foregoing oath of office w taken, sworn to, and subscribed before me by Andrew J. Anguiano this day ofJgt riJ/f.M�110 Brenda S. Hamilton, Clerk of the Circuit Court B Clerk ��oe n�q�� CITY OF ROANOKE e o ��� CITY COUNCIL 215 Church Aveuue S.W. Noel C, Taylor Municipal Building Suite 456 �,. �pi(nN \g�� Roanoke, Virginia 24011 -1536 "- - Telaphoue: (540) 853 -2541 SHERMAN P. LEA, SR. Fax: (540) 853 -1145 Council Members Mayor Email. cork(droauokcvagov, William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J, Price September 19, 2016 David B. Trickle The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: We jointly sponsor a request of Susan Jennings, Arts and Culture Coordinator to present the 2016 Writer on the Bus Program, at the regular meeting of City Council to be held on Monday, September 19, 2016, at 2:00 p.m. Sincerely, avid B. Trinkle, Council Member Michelle L. Dykstra, Council Member DBT /MLD:ctw The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Pursuant to Section 9, Elections by Council, when held, terms, etc., of the Roanoke City Charter, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, a City Attorney and a Municipal Auditor, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. With your concurrence, I recommend that the following Council Appointed officers be reappointed for two -year terms ending September 30, 2018. Stephanie M. Moon Reynolds, MMC, City Clerk Daniel J. Callaghan, City Attorney Troy A. Harmon, Municipal Auditor SinNerely, krmle', Ch Roanoke City Personnel Committee DBT:ctw CITY OF ROANOKE CITY COUNCIL _ 215 Church Avenue, S. W, Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 --' Telephone: (540) 853 -2541 SHERMAN P. LEA, SR Fax: (540) 853 -1145 Council Members Mayor Email: clerk{aroarakeva.gov William D. Bestpitch Michelle L. Dykstra Raphael E. `Ray" Ferris September 19, 2016 John A. Garland Anita J. Price David B. Trickle The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Pursuant to Section 9, Elections by Council, when held, terms, etc., of the Roanoke City Charter, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, a City Attorney and a Municipal Auditor, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. With your concurrence, I recommend that the following Council Appointed officers be reappointed for two -year terms ending September 30, 2018. Stephanie M. Moon Reynolds, MMC, City Clerk Daniel J. Callaghan, City Attorney Troy A. Harmon, Municipal Auditor SinNerely, krmle', Ch Roanoke City Personnel Committee DBT:ctw a CITY OF ROANOKE OFFICE OF THE C►TY CLERK 215 C , lrA Amm S. W., Honm 456 Roanoke, Virginia 24011 -1536 10,1m (540)x53 -2541 fur. (5411)853 -1145 51TJ'lI,W11S N. 110ONRLANOLDS,01N(' P: nu dl: rlcrinn rv,nnnkevn.AOv (lQ'1'11.IA 14 a('('o) ' September 30, 2016 Stephanie M. Moon Reynolds City Clerk Roanoke, Virginia Dear Ms. Moon Reynolds: ('LI('LLIA'1. %VP:1311, ('MC AsvM:ull Ilt'anlc City ('Ierk At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 19, 2016, you were reappointed as City Clerk of the City of Roanoke, for a term of two -years commencing October 1, 2016, and ending September 30, 2018. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosures COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Cecelia F. McCoy, Deputy City Clerk, and as such Deputy 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 nineteenth day of September 2016, Stephanie M. Moon Reynolds was reappointed as City Clerk of the City of Roanoke, for a term of two -years commencing October 1, 2016 and ending September 30, 2018. Given under my hand and the Seal of the City of Roanoke this thirtieth day of September 2016. ez't'L,&L, "_4 "e- &7�_ Deputy City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Churdl Avenue, S. W., Rnnm 456 h' PouurM<e, Virginia 24011 -1536 "10,hnna: (54)853 -2541 hav (541)853 -1145 ti'I "4:1`11 \N11': 11. MOON nll'NULI15, NINI(. I'; nui1: dt,. Wn rn:uwk<, 4'01 ('Irrk CP:('ELIA 14 NI( (fn' nennry' ('I1r ('1c. k September 30, 2016 Troy A. Harmon Municipal Auditor Roanoke, Virginia Dear Mr. Harmon: ('I ('4:1, L \'1'. W'8611, ('M(' A,snunl 1).Pnly ('il) Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 19, 2016, you were reappointed as Municipal Auditor of the City of Roanoke, for a term of two -years commencing October 1, 2016, and ending September 30, 2018. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing COPY of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, N. M. hj � Stephanie M. Moon Reynolds, MMC City Clerk Enclosures 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 nineteenth day of September 2016, Troy A. Harmon was reappointed as Municipal Auditor of the City of Roanoke, for a term of two -years commencing October 1, 2016 and ending September 30, 2018. Given under my hand and the Seal of the City of Roanoke this thirtieth day of September 2016. City Clerk 13 CITY OF ROANOKE OFFICE OF TIIE CITY CLERK 215 Church Aveune, S. W., Room 456 •'1•d'� Roanoke, Virginia 24011 -1536 '1'ceifli e: (5411)X53 -2541 Fav: (5411) X53-1145 �I'I PlIAME NI. MOON R LYN01. I1%, M M(. L:mail: elei km rn:mnkeva... ('I(('L:I.IA F. NU ('ip' ('lark OeOnIT (il)' ('lurk leik September 30, 2016 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: ('19( ELIA 1'. WfBn, (TI( A.s,,klual DOWN fi1v Cle:'k At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 19, 2016, you were reappointed as City Attorney of the City of Roanoke, for a term of two -years commencing October 1, 2016, and ending September 30, 2018. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, (//� 11 1-11, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures 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 nineteenth day of September 2016, Daniel J. Callaghan was reappointed as City Attorney of the City of Roanoke, for a term of two- years commencing October 1, 2016 and ending September 30, 2018. Given under my hand and the Seal of the City of Roanoke this thirtieth day of September 2016. City Clerk "? CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chm-eh Avenng S. W., Room 456 Roanoke, Virginia 24011 -1536 'telephone (540)853-2541 Fnx: (540)853 -1145 5TEPHANIL M. MOON RE+VNOLDS, MMC F nmil: clark(grnnnokev,t.g °v CECELIA F. MCCOV City Clerk Depnp City Clerk September 21, 2016 CECELIAT.WEee,CMC AW,ttmm Depn(y City Clerk James Guy, Program Manager Salem District Office Virginia Department of Transportation 731 Harrison Avenue Salem, Virginia 24153 Dear Mr. Guy: I am enclosing copy of Resolution No. 40638 - 091916 accepting the Virginia Department of Transportation's award to the City in the total amount of $350,811.00 for the Smart Scale (HB2) program for the Edgewood Street Transit Accessibility Improvements project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A for the Transit Accessibility Improvements on Edgewood Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016. Sincerely, Stephanie M. Reys,��M'rUil� City Clerk Enclosure c: Cheryl Becker, Department Project Coordinator, Virginia Department of Transportation, 731 Harrison Avenue, Salem, Virginia 24153 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Mark D. Jamison, P. E., PTOE, Transportation Division Manager SL IN'I'I II! CUUN('II. OP'IIIR CI "fY OI' 12OANOIi D;, VIRGINIA Thu 19th day of 8eptoinhc r, 2016. Nn. /10678- 091916. A RESOLIfh ION accepting the Virginia Department of "franspurtation's (VDOT) award to the City in the total amount of $350,811 fol the Smart Scale (HB2) program lot the Edgewood Street Transit Accessibility Improvements project; authorizing the City Manager to execute it VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A for the Transit Accessibility Improvements on Edgewood Street; and authorizing the City Manager to take certain other actions in connection with the above matters and project. BE IT RESOLVED by the Council of the City of Roanoke as follows: L The City of Roanoke hereby accepts the VDOT award in the total amount of $350,811 for the Smart Scale (H62) program for the Edgewood Street Transit Accessibility Improvements project, with no required local match from the City, which project will provide a continuous sidewalk on the east side of Edgewood Street, S.W., between Windsor Avenue, S.W. and Memorial Avenue, S.W., with improved ADA accessible curb ramps, all as more fully set forth in the City Council Agenda Report dated September 19, 20 t 6. 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A (Agreement), substantially sunilar to the one attached to the above - mentioned City Council Agenda Report, and as further described and set forth in such City Council Agenda Report. Such Agreement shall be approved as to form by the City Attorney. R- Aa,,pt voter lmd S Soale H]o pmgrmn- Edgcwood St Tre nsil Accasssb, liry Improvements p,ta (9 -19 -16) 1 1 Thu t'ily Muntlger is hereby aulbol /c.d to lake Such further actions and execute such furlhor docu ncilk us luay be nececvnly to obluin, necepl, implement, administer, and use such fonds in the total amount of $350,81 I IFom VDOT, fill the above mentioned project, with any Such dOCDIlIentS to be approved as to front by the City Attorney. A-I-t,t,,ST �rn.�7� City Clerk. R- Accept VDOT Saoie HE2 pmgrsn>Edgewand St Tmnsit Accusibillty Improvements prpje ct(9- 19-16) 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2016. No. 40639 - 091916. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Edgewood Street Transit Accessibility Improvements project, amending and reordaining certain sections of the 2016 -2017 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 2016 -2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds Revenues VDOT — Edgewood St Transit Imp 08- 530 - 9490 -9002 $ 350,811 08 -530- 9490 -9490 350,811 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: September 19, 2016 Subject: Acceptance and Authorization of Virginia Department of Transportation (VDOT) Smart Scale (HB2) Award for Transit Accessibility Improvements on Edgewood Street, SW and Appropriation of Funds (CM16- 00135) Background The Greater Roanoke Transit Company, d /b /a Valley Metro, made application through VDOT's Smart Scale (1-1132) program for FYI funds to provide pedestrian amenities parallel to Edgewood Street, SW, in the City of Roanoke. Edgewood Street is a critical transit corridor. The bus stops on the east side of the street along the corridor are frequently used by residents. Valley Metro does not have the resources to administer the project and has requested that the City administer the project on their behalf. Considerations: City staff has been notified that VDOT has awarded the City $350,811 from the Smart Scale (HB2) program for the Edgewood Street Transit Accessibility Improvements project. Per VDOT's Standard Project Administration Agreement for Federal -aid Projects with the City (a copy of which is attached), there is no match requirement, however the City is required to meet all funding obligation and expenditure timelines or risk funding de- allocation. The Edgewood Street Transit Accessibility Improvements project will provide continuous sidewalk on the east side of Edgewood Street, SW, between Windsor and Memorial Avenues, with improved Americans with Disabilities Act (ADA) accessible curb ramps. The City of Roanoke will administer and contract these improvements within the public rights of way. Recommended Action: Accept VDOT's award of Smart Scale (1-1132) grant funds for the Edgewood Street Transit Accessibility Improvements project in the amount of $350,811. Authorize the City Manager to execute the attached VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A. Such documents shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the amount of $350,811 in Smart Scale (HB2) funds. Adopt the accompanying Budget Ordinance to establish a revenue estimate for the $350,811 in Smart Scale (HB2) funds and appropriate funds in the same amount into expenditure account 08 -530 -9490, Edgewood Street Transit Accessibility Improvements. aoHER P. MORRILL City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Carl Palmer, General Manager for Valley Metro STANDARD PROJECT ADMINISTRATION AGREEMENT Federal -aid Projects Project Number UPC Local Government 0000. 128 -390 1 109288 1 City of Roanoke THIS AGREEMENT, made and executed in triplicate this _ day of , 20, by and between the City of Roanoke, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as the Project; and WHEREAS, the funds shown in Appendix A have been allocated to finance each Project; and WHEREAS, the LOCALITY is committed to the development and delivery of each Project described in Appendix A in an expeditious manner; and; WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: The LOCALITY shall: Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, and Commonwealth Transportation Board and DEPARTMENT policies and as identified in Appendix A to this Agreement. Noncompliance with this requirement can result in deallocation of the funding, rescinding of state funding match, termination of this Agreement, or DEPARTMENT denial of future requests to administer projects by the LOCALITY. UPC 109288 Project k 0000 -128 -390 Locality City of Roanoke federal, state, and local laws and regulations. If the locality expends over $750,000 annually in federal funding, such certification shall include a copy of the LOCALITY's single program audit in accordance with 2 CFR 200.501, Audit Requirements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right -of -Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. I. For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of 1964, regulations of the United States Department of Transportation (USDOT), Presidential Executive Orders and the Code of Virginia relative to nondiscrimination. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraphl.f, reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. GAG Approved 611812012, Revised 2/512015 UPC 109189 Project N U000 -1 ?8 -390 Locality City of Roanoke This Agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the dale of termination shall be reimbursed in accordance with paragraphs Lf, I.g., and 2.1a, subject to the limitations established in this Agreement and Appendix A. Upon termination, the DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. 10. Prior to any action pursuant to paragraphs Lb or I.g of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the breach of agreement provisions. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT slating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. OAG Approved 611912012, ReOsed 21512015 APPanEIaA Dale: 9168016 Pmle[INVmper. 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NrwyM Ne SmN Stele IH031 ppAUren W ,geClon pr.u„na Nl,vman m IM SYIPn a luno.rgpeary unen nneN mriEAgna ul brNTW M tnn,dMeaon ppW Popry eno GukN'nef l.r Impbmenbrion al a pCu.Prlonm(mn Pmcen arue Punuanl la Ne CamwwwN Tnnelwrblan pmra pof[yane GuieHmn w bnPemmtatim pl a Flgect Monti[apm pmceaa aro NB] Imgwcenlaion pa<y LuW, 5xlm 5 ], Nil pmp[Iwape �acama antior Np lurgmgaeufun navaluana ilenYOlrN IelbMng manana agiYa nangebtM¢ope. anaa<mae lncnme prvle[oepaclaMMUemenl or awaN aefgnF[anl MU[Ibn'm Np bcaMlmqu ^ally levengM lunaa App FaliMa may npl pe pn^WUe m a mpvepueel a ^min He3 wammeM [xlem eup.m ra d cell n<nma pn. pm.;.e,b vice ^line proje[I. wmwa.a Lanny araal a ^a La. A11..1V001.0 ma Ow. Jay Gw. Pm mm Ma ^ag.r iryee.rpnnle0name pl penm $going R—1 1— 1S A.a TY erpmlMnamr .I ranee ll., m� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avemle, S. W., Room 456 Roanoke, Vh'ginla 24011 -1536 Telephone: (54o)853-2541 Fnx: (540)853 -1145 S I ENII AN I E M. MOON REYNOLDS, MM( CK ELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC September 21, 2016 A5siAint Deputy City Clerk Melvin Carter Executive Director Virginia Department of Fire Programs 1005 Technology Park Drive Glen Allen, Virginia 23059 -4500 Dear Mr. Carter: I am enclosing a copy of Resolution No. 40640 - 091916 authorizing acceptance of the FY2017 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, 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 regular meeting held on Monday, September 19, 2016, Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance David Hoback, Chief of Fire and Emergency Medical Services 1. IN TI IF COUNCIL OF TFIF CITY OF ROANOKF, VIRGINIA The 19th day of September, 2016. No. 40640 - 091916. A RINOLUI [ON authorizing acceptance ofthe FY2017 Fire Programs Funds Grantmade to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution crony ruquired documentation on behaI f of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Prop-tuns the FY2017 Fire Programs Funds Giant in the amount of $314,881, with no local match, such Grant being more particularly described in the City Council Agenda Report dated September 19, 2016. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Fire Programs in connection with the acceptance of the foregoing Grant. R.F— P1.1r1.11 ernni {Y 17 .do, ATTEST: *4j—nl City Cler k'�l ^ '�T4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2016. No. 40641 - 091916. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2016- 2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY17 35 -520- 3380 -2035 $ 80,000 35- 520 - 3380 -2044 87,000 35 -520- 3380 -2064 82,881 35- 520 - 3380 -2065 5,000 35- 520 - 3380 -9073 60,000 35- 520 - 3380 -3380 314,881 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C ty .. i ler� ��� eCZ2 � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Department of Fire Programs Grant - FYI (CM16- 00132) Background The Fire Programs Fund was established by the General Assembly during the mid- 1980s. Program funds are used to supplement the Fire -EMS budget in the General Fund. Program guidelines require that funds received are non - supplanting and may not be used to replace existing local funding. Roanoke Fire -EMS has been awarded FYI funding in the amount of $314,881. The City of Roanoke will receive 90% of the allocation in the next funds disbursement scheduled for September 23, 2016. The remaining balance will be disbursed on June 30, 2017. The funds will be spent as follows: Expendable Equipment < $5,000 $ 80,000 Training and Development $ 87,000 Wearing Apparel $82,881 Recruiting $ 5,000 Regional Fire Training Academy $ 60.000 $314,881 Considerations: Council action is required to accept the funds in the amount of $314,881 from the Department of Fire Programs. Recommended Action: Authorize the City Manager to accept the grant and file any documents, approved as to form by the City Attorney, setting forth the conditions of the FYI Fire Programs Funds Grant, and to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue estimate for Fire Program FY17 and to appropriate funding in the amount of $314,881 into accounts to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Director of Finance David Hoback, Chief Fire -EMS September 21, 2016 Lisa Nicholson PSAP Grant Program Manager Commonwealth of Virginia Virginia E -911 Services Board Commonwealth Enterprise Solutions Center 11751 Meadowville Lane Chester, Virginia 23836 Dear Ms. Nicholson: I am enclosing copy of Resolution No. 40642 - 091916 accepting the Public Safety Answering Point grant to the City from the Virginia E -911 Services Board, 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 regular meeting held on Monday, September 19, 2016. Sin�cerellly,� / Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Sherman Stovall, Assistant City Manager for Operations Roy Mentkow, Director of Technology Sonya Roman, E911 Manager CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 TelepLOne: (540)853 -2541 Fax: (540)853 -1145 S I'EPIIANIE M. MOON REYNOLDS, MMC E-mail: rIe,k@(rnanukeva.,.v CEC'ELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk September 21, 2016 Lisa Nicholson PSAP Grant Program Manager Commonwealth of Virginia Virginia E -911 Services Board Commonwealth Enterprise Solutions Center 11751 Meadowville Lane Chester, Virginia 23836 Dear Ms. Nicholson: I am enclosing copy of Resolution No. 40642 - 091916 accepting the Public Safety Answering Point grant to the City from the Virginia E -911 Services Board, 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 regular meeting held on Monday, September 19, 2016. Sin�cerellly,� / Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Sherman Stovall, Assistant City Manager for Operations Roy Mentkow, Director of Technology Sonya Roman, E911 Manager vl.; IN'FlW COUNCIL 01 '811', CITY oI' ROANOKIS, VIRGINIA The 19th day of September, 2016. No. 40642 - 091.91.6, A RIISOLI )I ]ON accepting the Public Safety Answering Point grant to the City from the Virginia R. -911 Services Board, and authorizing execution of any requiNd documentation on behalfof the City. BE IT RESOLVED by the Council of the City ofRoanoke as follows: The City of Roanoke does hereby accept the Public Safety Answering Point grant offered by the Virginia 13 -911 Services Board in the amount of $150,000 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires no match by the City, is more particularly described in the City Council Agenda Report dated September 19, 2016. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting foth the conditions of the Grant in a font approved by the City Attorney. 3. The City Manager is further directed to fitmish such additional information as may be required in connection with the City's acceptance of this grant. R -PSAP grant FY 16 .Mo AT' }.� TEEJST:, _. 1 City Clerk. Z4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2016. No. 40643 - 091916. AN ORDINANCE to appropriate funding from the Virginia E -911 Services Board Grant to the E -911 Upgrades Hardware /Software project, amending and re- ordaining certain sections of the 2016 -2017 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2016 -2017 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 13 -430- 9870 -9007 $ 150,000 Revenue E -911 Wireless Board State Grant 13- 430 - 9870 -9870 150,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: wol-tiv��" City Clerk. aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: Date going to Council Subject: E -911 Voice Logging Recorder Grant (CM16- 00136) Background: The Virginia E -911 Services Board administers an annual grant program to financially assist primary Public Safety Answering Points (PSAP). The grant program is designed for the purchase of equipment or services that support the continuity and enhancement of wireless E -911 across the Commonwealth. The City of Roanoke's E -911 center applied for and was awarded a grant of $150,000 for an individual voice logging recorder system. This award does not require a match of local funds and functions as a cash disbursement policy of reimbursement for expenditures specific to the grant award. The award is available starting July 1, 2016. Recommended Action: Accept the PSAP grant and authorize the City Manager to execute the grant agreement and any necessary 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 Department of Technology Fund and appropriate funding in the amount of $150,000 into account 13- 430 - 9870 -9007 (E -911 System Upgrades). stop&-o-r-61-1 City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance COMMONWEALTH of VIRGINIA Virginia E -911 Services Board rnm. D. s.," D,,,p,hr SPi— Chairman PS( ('omd -,,r A D1:11 150414166201 Jirohmklvs Icn, D. hl,,, VI,'Chlurr- It.ardAd.. -Ir, i.t January 21, 2016 Im,r'„nb "s_ nwl.mm I'- L'r,h— Ise (804) 4166197 DI —I n 11 "1I Dear Roanoke City PSAP: rt C"mpuollcr Thank you for submitting a FY 17 PSAP Grant application. Your XI I (IL ..s "" a1t11".,gym application meets the current Grant Guidelines and was recommended for A M1ai'" 1' funding by the PSAP Grant Committee. I am pleased to advise you that D-no 1'.. uulc the Virginia E -911 Services Board has approved your request. You have r1 ".r "rl IIA15 been awarded $150,000 for your Individual Voice Logging Recorder nl, om,rm c " "my project, grant ID 109. IIO11dold ,loin N'. hall Shcnli nr,hc Clrc nl Funding for this grant award will be available on a reimbursement basis beginning July 1, 2016. Reimbursements will only be made for items wlm1c.. allowable under the current Grant Guidelines. All funding requests must be submitted on the Public Safety Grant Payment Request Form, which is Iwdsm, ( It "I "i— available on the ISP website. The invoice(s) that substantiates the amount r " ".` wllr °m r ° " "" requested must be attached to the request at the time of submission. Irohcrt Lupmun Al v 1 Furthermore, an annual Financial and Programmatic Report will be Al,11I - Will, 11 required for this grant award until the project is complete. Upon project completion, you will need to close out the grant award with a final u.�dto r "�,nn Financial and Programmatic Report. Nolen" P. clot o -cnn Finally, in order for a funding request to be processed, the PSAP must ti °mitt" so> have already submitted any required financial and grant progress reports ua "„arc " "m> for any previous fiscal years by the identified deadline. This includes ' °I` '- v " °`t' required submission of any true -ups and supporting documentation. nd.,m 1 h1.i o019, hi If you have an questions, lease do not hesitate to contact our Regional Y Yq P Y g "f Ih 01 [1, c...<nI Ad, or Coordinator or me. Congratulations on your grant award! Sincerely, Lisa Nicholson PSAP Grant Program Manager Com1on1eLII1ILnterpriso Sol ul ions Center 11751 sleadowvillel.ane Checlen Virginia 23836 (866) 482 -3911 1 AX (804) 416 -6353 "1 1Y USERS T DD x711 -www va911.org CECELIA T. W EBB, CMC Assistant Deputy City Clerk September 21, 2016 Laura Brads, Owner Blue Ridge Rescue Suppliers 1273 Colonial Fort Drive Montvale, Virginia 24122 Dear Ms. Brads: I am enclosing a copy of Resolution No. 40644- 091916 authorizing the City Manager's execution of Amendment No. 1 to the City's Contract with Blue Ridge Rescue Suppliers, Inc., in an amount not to exceed a total amount of $150,000.00 for the 2017 fiscal year to cover the replacement of existing turnout gear and to purchase new gear for recruits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016, Sincerely, Stephanie M. Moon Reynolds, M City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance David Hoback, Chief of Fire and Emergency Medical Services CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'reki,honc (540)853 -2541 Fns: (5411)85 31145 STE.YIIANIE M. MOON REYNOLDS, MMC Fnntil: clurk(aonnokcva.gov CECELIA F. MCCOV City Clerk Depoly City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk September 21, 2016 Laura Brads, Owner Blue Ridge Rescue Suppliers 1273 Colonial Fort Drive Montvale, Virginia 24122 Dear Ms. Brads: I am enclosing a copy of Resolution No. 40644- 091916 authorizing the City Manager's execution of Amendment No. 1 to the City's Contract with Blue Ridge Rescue Suppliers, Inc., in an amount not to exceed a total amount of $150,000.00 for the 2017 fiscal year to cover the replacement of existing turnout gear and to purchase new gear for recruits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016, Sincerely, Stephanie M. Moon Reynolds, M City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance David Hoback, Chief of Fire and Emergency Medical Services ( / /'1. IN'I I Ili C OUNCII. OF I I RCl I OF ROANOIU:, VIRGINIA The 19th day of September, 2016. No. 40644- 091916. A RESOLU'I ION authorizing the City Manager's execution of Amendment No. Ito the City's Contract with Bluc Ridge Rescue Suppliers, Inc., in an amount not to exceed a Cowl amount of $150,000 for the 2017 fiscal year to cover the rcplacemcnt of existing turnout gear and to purchase new gear for mcruits. 13E IT RESOLVED by the Council of the City of Roanoke that: The City Manager is hereby authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 1, to the City's contract with Blue Ridge Rescue Suppliers, tile., in an amount not to exceed $150,000 to cover the replacement of existing turnout gear and to purchase new gear for recruits, all as more rally set forth in the City Council Agenda Report dated September 19, 2016. The City entered into the original Contract with Blue Ridge Rescue Suppliers, Inc., on February 1, 2014, (Contract). 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, and administer such Amendment, with any such documents being approved as to form by the City Attorney. ArfEST: C ,l prw. e „/ Raolotion Approving Amenamenl No. i -Hine Ridge Ra<ue 9.19 lh,M, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2016. No. 40645- 091916. AN ORDINANCE to transfer funding from the General Fund Contingency account to the Fire EMS Operations Wearing Apparel account for personal protection equipment for Roanoke City Fire EMS, amending and reordaining certain sections of the 2016 -2017 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 -2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel Contingency 01 -520- 3213 -2064 $ 80,000 01- 300 - 9410 -2199 (80,000) 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: City Clerk. aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Contract Amendment with Blue Ridge Rescue Suppliers (CM 16- 00133) Background: Firefighters have an inherently dangerous occupation and it is imperative that they have proper personal protection equipment. One of the most important pieces of equipment that a firefighter will wear is turnout gear. Currently, Roanoke Fire -EMS has a contract with Blue Ridge Rescue Suppliers for turnout gear in an amount not to exceed $70,000 per fiscal year. A contract amendment is needed to increase the not to exceed amount for fiscal year 2017 in the amount of $80,000 to cover the replacement of failed gear and issue of new gear for the recruits. Considerations: Council action is required to amend the contract by $80,000 to a total not to exceed amount of $150,000 for fiscal year 2017. Recommended Action: Authorize the City Manager to sign any contract amendments and to transfer funding in the amount of $80,000 from Budget Contingency (01- 300 -9410- 2199) to Fire-EMS Operations Wearing Apparel (01 -520- 3213 - 2064). I (JtophkerMorrill City Manager Distribution: Council Appointed Officers Director of Finance David Hoback. Chief Fire -EMS Shirley Cunningham Executive Vice President of Strategy Enterprise CHS, Inc. d /b /a Carilion Property Management 213 South Jefferson Street Roanoke, Virginia 24011 Dear Ms. Cunningham: I am enclosing copy of Resolution No. 40646- 091916 authorizing execution of an Agreement with CHS, Inc., d /b /a Carillon Property Management, in connection with the use of 6 Riverside Parking Garage during the 2016 Roanoke GO Outside Festival. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016. Sincerely, h �n - Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Michael Clark, Parks and Recreation Manager CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 S'I'I'11'11ANIE M. MOON REYNOLDS, MMC E -n,.0k CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WERE CMC September 21, 2016 Assistapt Deputy City Clerk Shirley Cunningham Executive Vice President of Strategy Enterprise CHS, Inc. d /b /a Carilion Property Management 213 South Jefferson Street Roanoke, Virginia 24011 Dear Ms. Cunningham: I am enclosing copy of Resolution No. 40646- 091916 authorizing execution of an Agreement with CHS, Inc., d /b /a Carillon Property Management, in connection with the use of 6 Riverside Parking Garage during the 2016 Roanoke GO Outside Festival. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016. Sincerely, h �n - Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Michael Clark, Parks and Recreation Manager IN TI II: COUNCIL OF] f I I ? Cl CY OP ROANOKE, VIRGINIA The 19th day of September, 2016. No. 40646- 09191.6. A RESOLUTION authorizing execution of an Agreement with CIIS, Inc., d/b /a Carilion Property Management, in connection with the use of 6 Riverside Pal king Garage during the 2016 Roanoke GO Outside Festival. 131; IT RF.SOLV ED by the Council of the City of Roanoke that the City Manager and the City Clerk arc 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 6 Riverside Parking Garage from 5:00 p.m. on Friday, October 14, 2016, until 5:00 p.m. on Sunday, October I6, 2016, in connection with the Roanoke GO Outside Festival, such Agreement including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management and all its affiliated companies, including CHS, Inc., under certain circumstances, from any and all liabilities arising out of the use of the parking garage, all of which is set out in the City Council Agenda Report dated September 19, 2016. ATTEST: city CI aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Agreement Requiring City to Indemnify and Hold Harmless CHS, Inc., d /b /a/ Carilion Property Management (CM16- 00134) Background The City of Roanoke is hosting the Roanoke GO Outside Festival which begins at 5:00 p.m., on Friday, October 14, 2016, and concludes at 5:00 p.m., on Sunday, October 16, 2015, at River's Edge Sports Complex. This annual event draws nearly 25,000 people and encourages healthy, active outdoor recreation. By combining the things outdoor enthusiasts love - camping, music, gear, races and demonstrations, the Roanoke GO Outside Festival is a celebration of everything outdoors. While various events and races will take place throughout the region, Rivers Edge Sports Complex North (Reserve Avenue) will serve as the festival headquarters. There will be activities to keep citizens of all ages and interests engaged and entertained. In order to provide adequate parking for this event at Rivers Edge Sports Complex, CHS, Inc., d /b /a/ Carilion Property Management, owner of 6 Riverside Parking Garage, is requiring the City of Roanoke to sign an Agreement for this purpose. The Agreement contains a provision requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management and affiliated corporate entities, and to defend any of them in the event any of them incurs damages, or if anything is damaged during the City of Roanoke's use of the premises. 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. The City has requested that Carilion Property Management delete this provision; however, Carilion Property Management has declined to do so. Attached is a resolution which authorizes the City Manager to execute an Agreement which allows the City to use a parking facility owned by CHS, Inc., d /b /a Carilion Property Management and which requires indemnification and holding harmless CHS, Inc., d /b /a/ Carilion Property Management and affiliated corporate entities in the event of alleged damages arising out of the City's use of the parking facility, such Agreement to be approved as to form by the City Attorney. Considerations This Agreement would require the City of Roanoke to waive its sovereign immunity for the purpose of and during the time of parking for the event at Rivers Edge Sports Complex. Recommended Action: Adopt the attached resolution and authorize the City Manager and the City Clerk to execute and attest, respectively, the Agreement, in a form approved by the City Attorney, and take such other actions as may be required under that Agreement. - - -- A6�wu�iwok ----- RILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Barbara A. Dameron, Director of Finance Michael Clark, Parks and Recreation Manager CARILION PROPERTY MANAGEMENT HOLD HARMLESS AGREEMENT Carilion Property Management agrees to allow the City of Roanoke use of the 6 Riverside Parking Garage for parking of patrons attending The Roanoke GO Outside Festival starting Friday, October 14, 2016 at 5 p.m. until Sunday, October 16, 2016 at 5 p.m. This agreement may be rescinded or amended at any time by Carilion Property Management. The City of Roanoke agrees to indemnify and hold harmless Carilion Health System and all its affiliated companies, including Carilion Property Management, from any and all liabilities arising out of the use of the said parking garage. They also agree to leave the parking garage in the same manner, as before occupancy and if need arises to have parking garage cleaned due to their use, they will be responsible for this cost. Security services will also be provided at these locations during the event. Carilion representative: Title: Date: City of Roanoke: Title: Date: 6f y ,u 66m POLITICO WHAT WORKS Trains Built Roanoke. Science Saved It. Not long ago the city's downtown was home to just 15 people. Now it's bustling. Here's how it rebooted. By COLIN WOODARD I September 15, 2016 Mark Peterson /Redux Pictures for Politico Magazine decade ago, the U.S. Census counted 15 people living in Roanoke's downtown. If the world knew anything about the city of 1 oo,000 in southwest Virginia, it was likely because of the massive illuminated star beaming down from a nearby mountain, a sad reminder of a long -ago era when holiday shoppers, bearing paychecks from the railroad that dominated the local economy, thronged the downtown department stores. Now Roanoke is back on the map, with people at home and away starting to talk about it in a way they haven't since the 1880s, when the "Magic City" sprang up out of nearly nowhere around a new railway interchange like some Far West gold - mining town. The downtown has been revitalized and, for the first time in its history, has 2,000 people living in it, many of crisscrossing the valley between the Appalachian Trail to the north and the Blue Ridge Parkway to the south. They were immediately popular. "We had problems with trying to keep people off the greenways until we finished constructing them," recalls Darlene Burcham, who was city manager during much of the build -out. "People could live in one place and work in another and not have to get in their car." As the greenways expanded, Walker, by then a young, third- generation attorney doing due diligence reviews for businesses, was getting frustrated with the creative and financial limits of his profession, which was not always in alignment with his desire to effect positive social change. He had helped open the Downtown Music Lab, a nonprofit providing at -risk teens a place to play and record music (musician Dave Matthews was among the donors), but it was a project assigned to him by Dalhouse, the retired bank executive, that showed him another path. "I had early on identified Walker as a talent and had decided to give him some nudging in one direction or another," Dalhouse says. A historic movie palace in Roanoke's declining Grandin Village neighborhood was up for sale, and local do-gooders needed help raising $1.6 million to buy and rehabilitate it as a community theater. His instincts about Walker were spot on. "I just had this epiphany about the incredible convening power of real estate," recalls Walker, who was amazed by how quickly people and money rallied around the project. "Nothing moves faster than community- minded capital with investing in a community's real estate. You can take the status quo and change it immediately." Anchored by the theater, the Grandin neighborhood promptly bounced back and is now one of the city's most desirable areas. So, in 2002, Walker quit the law and embarked on a series of profitable, but socially minded, redevelopments in the heart of the city, a place Design 79 had shored up as an entertainment and a shopping district but where a grand total of 15 people actually lived, most of them in apartments above their ground -floor place of business. The first was the stately to -story Colonial American Bank building, which he and a partner purchased for $1.4 million in 2003 and renovated as upscale condos ranging in size from 3,o0o to 4,800 square feet. Walker's family moved into the top floor and his partner into another condo, and Dalhouse purchased a third (which he and his wife live in today), prompting other well- heeled buyers to follow suit. Walker then bought the former Grand Piano and Furniture Company block nearby and, with the help of historic tax credits and an $88o,000, no- interest loan from the city housing authority, converted it into 58 mixed - income apartments. "Condos were one thing, but it was largely unknown how many people would pay rent to live down here," Walker says. To his shock, the entire building was leased on opening day. "Everybody looked at each other and said,'What just happened ?'" Since then, Walker has helped develop Kirk Avenue, which runs behind the City Market area, as a restaurant and arts corridor, including a music hall that offers traveling bands free loft accommodations upstairs; transformed the decaying Patrick Henry Hotel into a mixed commercial and residential space with 134 apartments and a restored ballroom; and purchased a beloved local radio station to prevent it from abandoning its funky indie -folk- country format. He's also donated a park and playground in Grandin Village, and developed inexpensive condos in a former Cotton Mill in another part of the city and a large riverfront property that now houses an enormous rock climbing gym. Combined, his projects to date run to some $70 million and 600,00o square feet. He founded an annual conference— City Works (7)po —that draws 35o experts to Roanoke to discuss "big ideas for small cities." "Ed's a very unusual developer in that he didn't want to make a lot of money and run, but was more interested in the long -term benefit to the community," says Burcham, the former city manager. "He realized we needed various income levels of housing, and he did that." By the late aughts, downtown was taking on a 24/7 vibe, with more shops, businesses and eateries moving in to cater to residents, who numbered in the hundreds and total more than 2,000 today. A local art museum, having outgrown Center on the Square as the result of a large bequest, raised $66 million to build the new, 85,000- square -foot Taubman Museum of Art two blocks away, which opened in 2008. Even with the Great Recession that kicked off later that year, the city moved forward with step -by -step investments: two new high schools, an award - winning renovation of the main library, the revamping of a downtown park and amphitheater (which reopened with a concert by Sheryl Crow), and the continued expansion of trails and bike paths. "Hail Mary passes —going after The One Big Thing —often fail," says Chris Morrill, a past president of the Government Finance Officers Association, who has been city manager since 2010. "You go for rapid incrementalism. You figure out where you want to go and you just keep moving: market building, new park, greenways, plaza, reopening the formal entrance of City Hall. You keep the momentum going and eventually all the naysayers say,'How did we get here ? "' Beth Doughty of the Regional Partnership agrees. "People want economic development to be a silver bullet, but it's not. It's like spinning plates," she says. "No one person or entity is responsible for all of the plates, but you do want them all spinning at the same time." But Roanoke still had a problem: What did it want to be? Despite the progress, the city remained in an identity crisis through the 1 990 and well into the aughts, disheartened that it had been left behind by upland Southern rivals such as Asheville and Charlotte. "I was asked from the day I arrived, `What is your vision of the city ? "' says Burcham, who was city manager from 2000 to early 201 0. "1 said it's not my vision, it's the community's vision, but everybody needs to get away from the idea that the goal was to be Charlotte, that if we didn't get a particular airline coming here we were doomed." Meanwhile, the board of the Roanoke Regional Partnership —a joint venture of regional city and county governments that spent much of its time trying to lure northeastern manufacturers to the region— decided it wanted to also focus on improving the area's competitiveness. "Talent is the currency of the 21st century, and we needed to be more concerned about attracting it," says Doughty, who left her position as head of the regional chamber of commerce in 2oo8 to take on the task. Essential to that was finding a new narrative the community could embrace, she says, and it became clear to her what it was. "If you asked people what's the best thing about Roanoke, they would say, `The mountains, they're so beautiful,'" she says. "But they talked about them like they were wallpaper. If we could embrace the idea we were an outdoors city, we could monetize the outdoors and really strengthen the region's real advantage, its livability." The Partnership hired a full-time outdoor branding guru, Pete Eshelman, who set about building partnerships with governments, businesses, nonprofits, and state and federal park authorities to extend trails, reopen whitewater rafting destinations, improve fishing and launch America's Toughest Marathon, an annual event so-called because running it involves a 7,40o -foot ascent. He's helped organize professional road - cycling events, get a top BMX rider to develop a plan for an action sports park and raise money to build new canoe ramps and kayak park on the river. "This could only work if we had buy -in from the community, so it had to be real and true," Eshelman says. "Now when they travel somewhere and talk with people about what Roanoke is like, an outdoor narrative is going to be part of the description, and that wasn't the case before." Simultaneously, the region's visitor promotion agency, which previously focused on getting conventions to come to town, began marketing the area as "Virginia's Blue Ridge," a place of scenic beauty and outdoor adventure with a happening city in the middle. As a result, over the past five years travel spending has grown by more than a fifth, and hotel revenue by 25 percent. More visitors are coming— creating 60o more jobs —but the real goal of the effort is to get some of them to decide to come back and put down roots. "This is more than just tourism; this is workforce development, because we're competing for world talent," says Landon Howard, the agency's president. A good thing, too, because suddenly Roanoke needed to recruit a lot of very talented people very quickly to partake in the most consequential undertaking since E.W. Clark & Company showed up back during Chester Arthur's presidential administration. There's been a hospital at the foot of Mill Mountain since 1900, when railroad officials decided they needed a place for injured workers to be treated. The current incarnation, Roanoke Memorial, was by the early 21st century the flagship of a sprawling nonprofit hospital network, a fleet of air ambulances and the only Level I trauma center in the western half of the state. The network, Carilion, was financially sound, but changes in how health care providers are reimbursed required that it shift its focus from managing hospitals to improving health outcomes across the surrounding communities, a clinic model that required a hiring bonanza, including a quadrupling of its physician staff. But how to recruit and retain so many highly skilled people to come to the mountains of southwestern Virginia? An essential component would be to open a medical school in Roanoke, an attractive feature for many of medicine's best and brightest, recalls Nancy Agee, then Carilion's chief operations officer and now its CEO. "It creates a different vibe and helps satisfy the sense of curiosity that many of the best and brightest physicians have," she says. "We could do it ourselves, but wouldn't it make more sense to find a partner ?" By good fortune, a partner was close at hand. Down at Virginia Tech, President Charles Steger had challenged his institution to grow from a lower -50- ranked research university to one of the top 3o by 2013, a move that would require moving into fields funded by the National Institutes of Health. "We didn't have a human medicine school, but we did have a lot of experience with technology transfer and research - related entrepreneurship," says Smoot, the Virginia Tech administrator. "So a conversation began with Carilion." The result was two joint ventures to be built in 2010 on what had been an old industrial site on the way from the hospital to downtown Roanoke: an elite, research - intensive medical school and a biomedical research institute with world -class aspirations. They approached Michael Friedlander, then chair of the neuroscience department at one of the nation's leading and largest medical research institutions, the Baylor College of Medicine at Houston's Texas Medical Center, to head the institute. "I only knew where Roanoke was because for some reason it was the place the Weather Channel gave for the region's temperatures," he says. "But they said you are going to get to build from scratch an innovative biomedical research enterprise and you can pretty much build it around your vision. And of course, you don't often get offered stuff like that. It was a once -in -a- lifetime opportunity." Friedlander took the job but knew the greatest challenge would be attracting top people from established institutions like Texas Medical Center, which had more employees (105,000) than Roanoke had people. "I had been struck by the natural beauty of the place and by the people's pride in it and wanting to make it work," he says. "Most academic medical centers in the U.S. are in not -so -great parts of major cities. Here we're right next to a major health center with one of the top 12 busiest emergency departments in the country and you can go out at lunch time and be pulling trout out of the Roanoke River in hip waders." If he could get people to visit, Friedlander thought, he would have a shot. His fishing expedition worked. Today, the Virginia Tech Carilion Research Institute has some of the top researchers in neuroscience working on everything from the decision - making patterns of drug addicts to the use of brain imaging in psychiatry. It will break ground soon on a $66 million expansion that will double the number of research teams to 50. The medical school next door is also research intensive, with the unusual requirement that students undertake a research project of publishable quality. Although the institution is only six yers old, this year it had 4,60o applications for 42 spots. Commercial research spinoffs are beginning to populate the downtown side of the complex, an area being promoted as the Innovation Corridor. "We've gone from a train city to a brain city," says Mayor Sherman Lea, who, like the vice - mayor, circuit court clerk, school board chair and other city -wide elected officials, is African - American. ( "When you have a city with less than 30 percent African - Americans in the mountains next to Tennessee, you wouldn't think that. But that's how we've changed," he says of the electorate's choices.) And soon it will be a beer city as well, having lured Deschutes here instead of long- envied Asheville and 48 other cities the brewery considered up and down the Fast Coast. Deschutes chief financial officer Peter Skrbek says he was drawn by logistics and clean water, the strong public schools and an outdoorsy culture akin to the company's home in Bend, Oregon. "But the biggest thing was just being wanted by the community and their enthusiasm for us to come there each time we would visit," he says. "I've never seen such enthusiasm for a company's investment" When the Deschutes news broke, one industry publication declared Roanoke the new Asheville. Over at the Roanoke Times, Yancey's editorial responded: "We'd gently beg to differ," he wrote. "We're the new Roanoke." Photos from Politico Article PL . .1 u ?r a, ti.. .. • a. �� 4c m sa k 1 :• irywnrY y.., t i't S ►� i T y h i t' 9 x 1–ma— r3" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fan: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -snail derkQproanokeva.gov CE('ELIA F. MCCOV City Clerk Deputy City Clerk CECELIA T. W EBB, CM(' Assistant Deputy City Clerk September 21, 2016 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. 40647 - 091916 to appropriate funding from the Federal and Commonwealth grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie n Re nMMC d City Clerk Enclosure c: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 P. Steve Barnett, Assistant Superintendent for Operations, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Kathleen M. Jackson, Chief Financial Officer, 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 t9th day of September, 2016. fI 4061,7- 091916. AN ORDINANCE to appropriate funding from the Federal and Commonwealth grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2016 -2017 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 2016 -2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations 302 - 000 - 0000 - 0000 - 113L - 00000 - 38027 - 0 - 00 $ Materials and Supplies Office 302 - 120 -0000- 0210 -113L- 61410 - 46601 - 3 -02 $ 5,000 Supplies 10,778 State Grant Receipts Personnel Services - Other 302 - 120 -0000- 0210 -113L- 61210 - 41129 -3 -02 2,500 Stipend 302 - 000 -0000- 0000 -316L- 00000- 32220 -0 -00 Career B Technical Education 302 -170- 3000- 1160 -317L- 68200- 48110 -3 -03 10,778 Equipment Testing and Evaluation 302- 170-3000- 1160 - 319L - 61100 - 45584 - 3 - 03 4,020 Juvenile Detention Education 302- 110-0000- 1070 - 316L - 61100 - 41138 - 9 - 09 32,671 Coordinators /Instructors Retiree Health Credit 302- 110 - 0000 - 1070 -316L- 61100- 42200 -9 -09 1,051 Social Security/FICA 302 - 110 - 0000- 1070 -316L- 61100 - 42201 -9 -09 2,743 Virginia Retirement System 302- 110- 0000- 1070 -316L- 61100- 42202 -9 -09 6,442 Health /Dental Insurance 302 -110- 0000- 1070 -316L- 61100- 42204 -9 -09 22,887 State Group Life Insurance 302 -110- 0000- 1070 -316L- 61100- 42205 -9 -09 1,144 Professional Development 302 -110- 0000 - 1070 -316L- 61100 - 45554 -9 -09 (91,000) Mileage 302 - 110 - 0000 - 1070 -316L- 61100- 45551 -9 -09 300 Indirect Costs 302 -110- 0000- 1070 -316L- 61100- 62000 -9 -09 1,570 Related Services 302 - 110 -0000- 1070 -316L- 61100- 43313 -9 -09 1,000 Instructional Supplies 302 -110- 0000- 1070 -316L- 61100- 46600 -9 -09 (800) Textbooks/Workbooks 302 - 110 - 0000 - 1070 -316L- 61100 - 46613 -3 -09 (300) Internet Services 302 -110- 0000- 1070 -316L- 61100- 45523 -9 -09 (2,300) Technology 302- 110 - 0000 - 1070 -316L- 61100- 46650 -3 -09 17,600 Education Coordinators 302 -110 -0000- 1400 -316L- 61100- 41138 -9 -09 (13,798) Retiree Health Credit 302- 110-0000- 1400 - 316L - 61100 - 42200 - 9 - 09 56 Social Securty/FICA 302 -110- 0000- 1400 -316L- 61100 - 42201 -9 -09 (1,056) Virginia Retirement System 302 - 110 -0000- 1400 -316L- 61100 - 42202 - 9 -09 (2,023) Health /Dental Insurance 302- 110 -0000- 1400 -316L- 61100- 42204 -9 -09 25,138 State Group Life Insurance 302- 110-0000- 1400 - 316L - 61100 - 42205 - 9 - 09 46 Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 - 113L - 00000 - 38027 - 0 - 00 $ 7,500 State Grant Receipts 302 - 000 - 0000 - 0000 - 317L - 00000 - 32252 - 0 - 00 10,778 State Grant Receipts 302 - 000 - 0000 - 0000 - 319L - 00000 - 32349 - 0 - 00 4,020 State Grant Receipts 302 - 000 -0000- 0000 -316L- 00000- 32220 -0 -00 1,371 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with TEST: hh__ City Cle September 19, 2016 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, September 13, 2016, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriations Award Excellence in Co- Teaching Initiative - Summer 2016 $7,500.00 CTE Equipment for High- Demand, High - Skill, Fast - Growth Industry Sectors 2016 -17 $10,777.63 STEM -H Student Credentials, Materials, and Teacher Professional Development 2016 -17 $4,019.77 Revised Appropriation Additional Award Juvenile Detention Home and Child Development Clinics 2016-2017 $1,371.33 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 (w /details) Annette Lewis W ROANOKE CITY PUBLIC SCHOOLS School Board Annette Lewis Chairman Lori E. Vaught Vice Chairman Mark K. Cathey William B. Hopkins, Jr. Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board w.w.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its September 13, 2016 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Excellence in Co- Teaching Initiative - Summer 2016 grant of $7,500 provides funds for a professional development model that promotes access to the general education curriculum for students with disabilities and co- teaching practices. Breckinridge Middle School was selected to serve as a co- teaching demonstration site to showcase the implementation of co- teaching practices. This grant is available under the Individuals with Disabilities Education Act (IDEA), Part B, Section 611 funds, and must be used to support the academic achievement of students with disabilities. The program will be fully reimbursed by federal funds and will end September 30, 2016. The Career and Technical Education (CTE) 2016 -17 equipment grant of $10,778 provides funds for students with classroom experiences that translate to the 21 st Century workforce. This program will be paid for by the Commonwealth's Lottery Proceeds Fund. The program will be fully reimbursed by state funds and will end June 2, 2017. The STEM -H Student Credentials, Materials, and Teacher Professional Development 2016 -2017 grant of $4,020 provides funds to support industry credentialing testing materials for students and professional development for instructors. This new appropriation is from the Lottery Proceeds Fund. The program will be fully reimbursed from state funds and will end May 31, 2017. The Juvenile Detention Home and Child Development Clinics 2016 -2017 grant of $1,371 provides funds from the State Operated Programs for educational services provided at the Roanoke Valley Juvenile Detention Home and the Virginia Department of Health's Roanoke Child Development Clinics. This is a revision to the original award allocation. The program will be fully reimbursed by state funds and will end March 30, 2017. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS David C. Perry Executive Director Blue Ridge Land Conservancy 722 First Street, S. W., Suite L Roanoke, Virginia 24016 Dear Mr. Perry: I am enclosing copy of Resolution No. 40648 - 091916 commending the Blue Ridge Land Conservancy upon its 201h anniversary. The Blue Ridge Land Conservancy has made a profound impact on the quality of life for Roanoke residents for the past twenty years; and the Blue Ridge Land Conservancy's conservation efforts will continue to have a profound impact on future generations of Roanoke residents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016. Sincerely, ty.� Stephanie M. Moon ReyW„` � �••��t/ City Clerk U Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., 12oom 456 Roanoke, Virginia 24011 -1536 .1� Telephone (540)894541 F.— (540) 853 -1145 STEPHANIE. M. MOON REYNOLDS, MMC E: Iledl: elerktal ommkevn.anv CECELIA F. MC COY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC September 21, 2016 A,,El.nt DennlY City Clerk David C. Perry Executive Director Blue Ridge Land Conservancy 722 First Street, S. W., Suite L Roanoke, Virginia 24016 Dear Mr. Perry: I am enclosing copy of Resolution No. 40648 - 091916 commending the Blue Ridge Land Conservancy upon its 201h anniversary. The Blue Ridge Land Conservancy has made a profound impact on the quality of life for Roanoke residents for the past twenty years; and the Blue Ridge Land Conservancy's conservation efforts will continue to have a profound impact on future generations of Roanoke residents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016. Sincerely, ty.� Stephanie M. Moon ReyW„` � �••��t/ City Clerk U Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development 9\ W IN If IF COUNCIL Of TIIE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2016. No. 40648- 091916. A RIsSOLUTION commending the Blue Ridge Land Conservancy upon its 20 °i a n n lversary. WHEREAS, the City of Roanoke, in the heart of Virginia's Blue Ridge region, is blessed with abundant natural resources, including the Blue Ridge Mountains, the Roanoke River, forests, steams, and scenic views; WHEREAS, there are numerous outdoor parks, byways, and venues in the Roanoke region, including the Blue Ridge Parkway, the Appalachian Trail, Mill Mountain and Carvins Cove; WHEREAS, the Virginia's Blue Ridge region is also blessed with a vibrant agricultural economy and a history of agriculture; WHEREAS, agriculture is the largest industry. in the Commonwealth and tourism accounts for billions of dollars of spending each year in Virginia; WHEREAS, Roanoke's economy has flourished due the presence of these many amenities, which draw new businesses, entrepreneur's, and young professionals to the Virginia's Blue Ridge region; WHEREAS, the Blue Ridge Land Conservancy was originally founded in 1996 in the City of Roanoke as the Western Virginia Land Trust; WHEREAS, the mission of the Blue Ridge Land Conservancy is to protect forever our region's natural resources and amenities; WHEREAS, the Blue Ridge Land Conservancy has protected over 17,000 acres of land and almost 40 miles of rivers and streams in the Roanoke legion, including Calvin Cove, Mill Mountain, lands along the Blue Ridge Pai kway and the Roanoke River; WI II?REAS, the Blue Ridge Land Conscrvancy partners with Roanoke City schools to lit ovicic SOI, compliant outdoor education programs for City Iburth graders; WHEREAS, (lie Blue Ridge [and Conservancy is celebrating its 20 °i anniversary on October 7, 2016; WHEREAS, the Blue Ridge Land Conservancy has made a profound impact on the quality of life lot Roanoke residents for the past twenty years; and WHEREAS, the Blue Ridge Land Conservancy's conservation efforts will continue to have a profound impact on future generations of Roanoke residents. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that the Blue Ridge Land Conservancy be, and it is hereby, commended for its twenty years of service to the citizens of Roanoke, and it is congratulated upon the occasion of its 20 °i anniversary. ATTEST: vy 4341-1 City Clerk. d� CITY OF ROANOKE Q) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W, Room 456 "?�!'� Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fox: (540)X53 -1145 STEP I I AN] E M. MOON REYNOLDS, MMC E +nail: clurk[7ran,mkcvn . gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk September 21, 2016 Kimberly A. Winn Executive Director Virginia Municipal League P. O. Box 12164 Richmond, Virginia 23241 Dear Ms. Winn: I am enclosing copy of Resolution No. 40649 - 091916 designating The Honorable Michelle Dykstra as the Voting Delegate and The Honorable John Garland as the Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating Brian Townsend as the Staff Assistant for any meetings of the Urban Section. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. In addition, enclosed is the completed "Certification of Voting Delegate and Alternate" form. Sincerely, Atetpharivie M MMoon'Ray , City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Drew Harmon, Municipal Auditor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2016. No. 40649 - 091916, A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: For the Annual Business Session of the Virginia Municipal League to be held during the League's 2016 Annual Conference scheduled for October 9 - 11, 2016, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Michelle Dykstra is hereby designated Voting Delegate, and The Honorable John Garland is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2016 Annual Conference, Brian Townsend, Assistant City Manager, shall be designated Staff Assistant, 3. The City Clerk is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. ATTEST: *y.���� City Clerk. ATTACHMENT A CERTIFICATION OF VOTING DELEGATE AND ALTERNATE Virginia Municipal Lcaguc Annual Contcrcncc Virginia Beach, Virginia BUSINESS SESSION - Tuesday, October 11, 2016 Voting Delegate: Name The Honorable Michelle L. Dykstra Title Council Member Locality City of Roanoke Alternate Voting Delegate: Name The Honorable John A. Garland Title Council Memhar Locality City of Roannka URBAN SECTION ELECTION - Monday, October 10, 2016 Voting Delegate: Name Brian Townsend Title Assistant City Manager Locality City of Roanoke Alternate Voting Delegate CERTIFIED BY: Name_ Stephanie M. Moon Reynolds Title City Clerk Locality City, of R k Email steDhanie.moon @roanokeva acv This form is to be returned by localities with populations over 35,000. Delegates must be certified by the Mayor, Clerk or City Manager. Please return to VML by September 23, 2016. Virginia Municipal League P. O. Box 12164 Richmond, VA 23241 Fax: (804) 343-3758 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 40650- 091916 approving the Wireless Telecommunication Facilities Policy dated September 12, 2016, and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Wireless Telecommunication Facilities Policy. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Rey ds, C City Clerk Enclosure c: Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Ian D. Shaw, Planning Commission Agent Tina Carr, Secretary, City Planning Commission CITY OF ROANOKE Q) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Telephone: (540)851 -2541 F2, (540)853 -1145 STEBIIANIE M. MOON REYNOLDS, MMC E -mail: clerk(ntromnknvn);ov CRCELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC September 21, 2016 Assistant Deputy City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 40650- 091916 approving the Wireless Telecommunication Facilities Policy dated September 12, 2016, and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Wireless Telecommunication Facilities Policy. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Rey ds, C City Clerk Enclosure c: Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Ian D. Shaw, Planning Commission Agent Tina Carr, Secretary, City Planning Commission \ V IN 'I I C'OUNCII, OF 111F ('I'FY OF ROANOICIi, VIRGINIA The 19th day of September, 2016. No. 40650 - 091916. AN ORDINANCE approving the Wireless 'I'clecommunication Facilities Polley dated September 12, 2016, and amending Vision 2001 -2020 the City's Comprehensive flan, to include such WilsICSS 'helccontmunication Facilities Policy; and dispensing with the second reading ()['this ordinance by title. WHERFAS, on September 12, 2016, die Wireless I'eICCOm m unication Facilities Policy dated September 12, 2016 (the "Policy "), was presented to the Planning Commission; WIIERFAS, the Planning Commission held a public hearing on that date and recommended adoption of the Policy and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Policy; and WHERL'.AS, in accordance with the provisions of §15.2 -2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on September 19, 2016, on the proposed Policy, 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 approves the Wireless Telecommunication Facilities Policy dated September 12, 2016, and amends Vision 2001 -2020, the City's Comprehensive Plan, to include such Wireless Telecommunication Facilities Policy as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. I . Pwsuunf [o the provisions of § I? of the ('ily Churlcr, dw nccond rcading of this urdinancc by title is hereby dispcnscd with. A I "IliR'P: city I(Ctl <. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's comprehensive plan, by the adoption of a new Wireless Telecommunications Facilities Policy dated September 12, 2016, to replace the existing policy adopted by City Council on May 20, 2004. Recommendation The Planning Commission held a public hearing on Monday, September 12, 2016. By a vote of 5 - 0 the Commission recommended an amendment to Vision 2001 -2020, the City's comprehensive plan, by the adoption of a new Wireless Telecommunications Facilities Policy dated September 12, 2016, to replace the existing policy adopted by City Council on May 20, 2004. The policy will help to ensure that the City of Roanoke's practices with respect to wireless telecommunications technology comply with federal and state regulations, address advances in wireless telecommunications technology, minimize the visual impact of emerging wireless telecommunications facilities technology, and promote comprehensive wireless coverage and capacity in the City of Roanoke. Background In 2004, the City adopted the Wireless Telecommunications Facilities Policy regarding the visibility and visual impact of wireless infrastructure across the entire City. This was followed by the inclusion of wireless facilities in the text of the newly adopted Zoning Ordinance in 2005. Since that time, this policy and the zoning regulations have remained the same while the wireless industry has seen dramatic change in terms of consumer demand, available technology, and federal regulation. The newly drafted Wireless Telecommunications Facilities Policy will provide applicants, service providers, property owners, and all City residents clear guidance on the policies of the City of Roanoke regarding Wireless Telecommunications Facilities (WTF) on public and private land. The policies established and the standards and approaches recommended by this document should be used by wireless telecommunications service providers and tower development entities as a guide when selecting WTF sites and designs within the City. In addition, the City of Roanoke should use these policies as a guide in the review and evaluation of any requests for Wireless Telecommunications Facilities, including the amendment of development regulations within the City's Zoning Ordinance. Such standards and regulations should create a uniform approach toward analyzing and processing Wireless Telecommunications Facilities siting requests from a land use perspective. The Wireless Telecommunications Facilities Policy recognizes new and emerging wireless telecommunications technology, applicable federal regulations pertaining to the same, and growing demand for such technology; recommends changes to the City's zoning ordinance; allows such technology to be permitted administratively and by the Board of Zoning Appeals; requires removal of discontinued facilities; and provides for third party technical review and fees related thereto. Such policy also relates to placement of facilities within the right -of -way and on private property in manners which achieve comprehensive coverage while minimizing the visual impact of facilities. Considerations Since the last policy was drafted in 2004, significant changes have occurred in the wireless industry. In order to address the changes in consumer demand, available technology, and federal regulation, the City of Roanoke began a process to update this policy by enlisting assistance from the Roanoke Valley - Alleghany Regional Commission ( RVARC), a consultant specialized in wireless telecommunications facilities, and input from residents and stakeholders. Prepared by the staff of RVARC and dated November 24, 2014, the City of Roanoke Wireless Telecommunications Facilities Policy and Regulations Background Information and General Recommendations directed the City to explore: expanded collocation options and administrative review of noninvasive facilities; clear policies that are applied equitably; and community engagement and professional assistance from outside consultants. The City further sought assistance from citizens via survey and public input meetings, while contracting with a consultant specializing in wireless telecommunications facilities. The input received through this process was invaluable and all comments were carefully considered when drafting the policies and actions found in this document. Below are short synopses of input received through the survey and public input meetings. Complete survey results may be found in Appendix B of the Wireless Telecommunications Facilities Policy. A survey conducted between March 9, 2015, and April 20, 2015, with 152 respondents revealed that more, smaller wireless facilities were preferred over fewer, taller facilities with stealth facilities and wooden masts extending 10 feet over the tree line the most popular options. Respondents also responded well to smaller facilities especially within the public right -of- way and asked that towers be removed if they became obsolete. Preferred locations that took into consideration factors above and beyond land use to include topography, neighborhood preservation, and available technology noting that most lower economic neighborhoods were adjacent to industrial zoning and would be disproportionately affected. 2. An initial public input meeting was held on Tuesday, April 14, 2015, in the Auditorium of the Main Library. The meeting was publicized twice through MyRoanoke /CivicSend email blasts from Neighborhood Services, social media, and a WSLS10 interview, which aired several times. In total, six persons attended representing members of the wireless industry, government, and the community. Most comments centered on the visual impacts and viability of available and emerging technology, crafting predictable regulations, and realities faced by the wireless industry. Two public meetings were held on April 7, 2016, at the Municipal Building with a Noon session and an evening session that followed. The meetings were publicized through MyRoanoke /CivicSend email blasts from Neighborhood Services, social media, and several media interviews. In total, eight individuals attended representing members of the wireless industry, government, and the community. The input stressed a focus on stealth facilities and the use of an outside consultant to help review proposals for wireless facilities. Conformity with the Comprehensive Plan: The draft Wireless Telecommunications Facilities Policy is aligned with the general policies on wireless telecommunications facilities established in Vision 2001 -2020, the City's Comprehensive Plan. Relevant Vision 2001 -2020 policies: 3.4 Infrastructure: Transportation, Technology, Utilities IN P6. Technology environment and infrastructure. Roanoke will create an environment for electronic government and technology businesses through planning, development of favorable policies, and incentives for technology infrastructure. Roanoke will facilitate development of the capacity and coverage of fiber- optic, cable, and wireless communication networks. The visual impact of telecommunication facilities will be minimized by co- location and placement of towers in strategic locations. 3.1 Environmental, Cultural, and Historic Resources EC Al 1. Adopt zoning regulations that address communication towers to minimize their visual impact. Public Comments: None. Plannina Commission Work Session None. Plannino Commission Public Hearin Max Wiegard, Partner, Gentry Locke Attorneys, stated he represented a client who was an applicant through this process approximately two years ago, and he spoke in support of the adoption of the proposed Wireless Telecommunications Facilities Policy, stating that his clients would prefer: A clear policy, indicating City preferences with regard to design and location of towers and other facilities; That the clear policy be used as a guideline by Applicants for siting and design, as well as the City when reviewing those applications so that the applications can be reviewed efficiently and effectively; That we have a uniform application of the policy regardless of what application came before the Planning Commission and City Council. Mr. Wiegard said he is very pleased to see the final product and asked that the Planning Commission vote in favor of the adoption of the proposed Wireless Telecommunications Facilities Policy. ,J {Yatz I,G Lora J. Katz, Acting Chair City Planning Commission Attachment: Wireless Telecommunications Facilities Policy dated September 12, 2016 c: 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 Wireless Telecommunications Facilities Policy A Technology Vision for 2020 and Beyond September 12, 2016 igloo ROANOKE Wireless Telecommunications Facilities Policy A Technology Vision for 2020 and Beyond Introduction: The purpose of this document is to provide applicants, service providers, property owners, and all City residents clear guidance on the policies of the City of Roanoke regarding Wireless Telecommunications Facilities (WiF) on public and private land. The policies established, and the standards and approaches recommended, by this document should be used by wireless telecommunications service providers and tower development entities as a guide when selecting WiF sites and designs within the City. In addition, the City of Roanoke should use these policies as a guide in the review and evaluation of any requests for Wireless Telecommunications Facilities, including the amendment of development regulations within the City's Zoning Ordinance. Such standards and regulations should create a uniform approach toward analyzing and processing Wireless Telecommunications Facilities siting requests from a land use perspective. History of Wireless Planning in the City of Roanoke: In the 1980s, the first generation of cell phones was launched. These were large, bulky phones on an analog system with the limited ability of making and receiving phone calls. This was followed in the 1990s by second and third generation phones. Devices continued to shrink In size while expanding capabilities including texting, internet access, and Global Positioning System (GPS) navigation on a digital network. The 1990s is really when cell phones became mainstream and providers began rapidly expanding their network infrastructure. Collocations were unheard of, with each carrier erecting their own towers and antennas. Many localities nationwide began regulating these facilities and in many cases prohibited them all together. In response, because of Federal Licensure for the frequencies managed by the Federal Communications Commission (FCC) as a "Federal Undertaking ", Section 704 of the Telecommunications Act of 1996 (47 USC_332) was adopted which preserved local zoning authority but imposed four limitations for local government. 1. Shall not "unreasonably discriminate" among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting service. 2. Must act on a request within "reasonable period of time ". This was further defined in 2009 by the "shot clock" ruling which requires localities to act upon a wireless application within 90 days for collocations and 150 days for new towers. 3. Decision to deny must be "in writing" and supported by "substantial evidence ". 4. All sites must conform to all published Federal Code and Practices concerning radio frequency (RF) emissions. After the 1996 Telecommunications Act, the City of Roanoke began actively planning for Wireless Telecommunications Facilities. In 1997, City Council adopted a policy for communications towers sited on City -owned land. The adoption of Vision 1001 -1020, the City's Comprehensive Plan, in August 2001 further established general policies on wireless telecommunications facilities. 3.4 Infrastructure: Transportation, Technology, Utilities o IN P6. Technology environment and infrastructure. Roanoke will create an environment for electronic government and technology businesses through planning, development of favorable policies, and incentives for technology infrastructure. Roanoke will facilitate development of the capacity and coverage of fiber- optic, cable, and wireless communication networks. The visual impact of telecommunication facilities will be minimized by co- location and placement of towers in strategic locations. • 3.2 Environmental, Cultural, and Historic Resources o EC Al 1. Adopt zoning regulations that address communication towers to minimize their visual Impact. In 2004, the City adopted the Wireless Telecommunications Facilities Policy regarding the visibility and visual impact of wireless infrastructure across the entire City. This was followed by the inclusion of wireless facilities in the text of the newly adopted Zoning Ordinance in 2005. Since that time, this policy and the zoning regulations have remained the same while the wireless industry has seen dramatic change in terms of consumer demand, available technology, and federal regulation. Demand on Wireless Providers: Consumers are increasingly relying upon cell phones, smart phones, and the wide range of wireless devices available Instead of landline phones and wirelee internet connections. Dependable access without signal loss is viewed by many as essential to their daily lives. The increasing number of wireless users, wireless devices, and data traffic, including the continued evolution of broadband networks deployed by "Generations" or "G ", such as 1G /analog, 2G /cell phone, 3G /smart phone, 4G /universal personal communicator device, and soon SG, will mean more wireless telecommunications facilities will be required to build enough capacity to meet demands. National studies by industry leaders and nonpartisan fact tanks alike have consistently backed these claims with real numbers. A local on -line survey with 125 respondents conducted by the Department of Planning, Building, and Development from March 9, 2015 to April 20, 2015 yielded similar results. Most respondents reported that they saw their wireless device(s) as a necessity (81 %); used phone and /or data service several times a day (86%); and had cancelled their land line phone (60%); but rated their quality of coverage at their residence as average (41 %) or poor (20%). The demand is here, the service is not, and providers will respond. The ever increasing number of wireless users coupled with the launch of new generations in wireless technology has had and will have a significant impact on demand. Wireless providers must consider both coverage (geographical area) and capacity (number of users) to deliver the services expected by their customers which will result in expanded Infrastructure. Available and Emerging Technology: A. Near Term - - - -- - 2016-2020 Successful wireless service requires the principle of what is known as "Up -link and Down - link ". Simply put, the wireless device must be able to "Receive" the transmission from the WTF and then be able to "Transmit" back to the WTF to complete the channel linkage. This will be the challenge in the 'Wireless world" because of the location of the telecommunications device (Smart Phone, Tablet, Device /Cell phone, etc.) in relationship to the WTF. Wireless service requires both coverage of particular areas and channel capacity within those areas to be fully functional. The technology surrounding wireless infrastructure is continually evolving to meet the demands of consumers. As radio coverage evolves in strategic deployment of antenna placement and channel creation, new technologies have been developed to meet growing demand such as DAS (Distributed Antenna Systems) and other small /micro cell systems that seen as viable alternatives to address both coverage and capacity within systems. Cell Hierarchy for Wireless Telecommunications Facilities The basic principle in the deployment of wireless technology for current 4G and future technology Innovations is the wireless telecommunications facility. Towers, rooftops, water tanks, tall signs and any elevated structures can accommodate antennas and equipment. This is why the reference to wireless telecommunications facilities or "WTF" encompasses several basic components. They are: 1. Antennas 2. Cable 3. Base Equipment cabinets /shelter 4. Power source 5. Backhaul capability 6. Mounting devices 7. Structure to mount to: tower, water tank, street lamp post, roof tops, commercial signage, etc. Think of "Cell Sites' in three classifications from a height and equipment perspective They are: I. Macrocell...._.. 151' to 199' above ground with a 9 to 16 antenna panel array. 2. Microcell......... 100' to 150' above ground with a 6 to 9 antenna panel array. 3. Picocell.... ...... .. 40' to 99' above ground with a 1 to 3 antenna panel array. The networks of today and the future will include all 3 types of "Cell Sites ". Rcpdci ng Macrocell Systems Macrocell (or Full Site) systems enable service providers to deliver voice, text, and broadband communications through high powered radiofrequency (RF) signals to large geographic areas. These systems are typically characterized by multiple provider antennas affixed to tall, freestanding towers (on platforms for each service provider known as "slots'), the top of tall buildings, or water tanks. Macrocells have the highest coverage and capacity capabilities of all system types; however, increasing demand for wireless technology is quickly exceeding the network capacity of these sites. In other words, regardless of how far a wireless signal is able to penetrate a defined geographic area, each facility can still only accommodate a certain number of consumers /subscribers at a time. More demand and fewer channels to accommodate this demand are known as "Channel Congestion'. Therefore, more facilities at lower heights or the deployment of supplemental systems are most effective in high density areas. Typical Macrocell Cell tower A Cell tower a _ �i:.. JrW., Carrier tore rierco G,brr optics 01 100 Gb -Vs) Small Cell Systems Small cell system is an umbrella term for Microcell and Picocell systems. These systems provide small footprint coverage to high traffic areas in need of supplemental capacity to support existing macrocell coverage much like Distributive Antenna Systems or "CAS ". The advantages of a Small Cell System are the ability to deploy individually to support a larger network and that the costs are less than that of DAS technology. However, while small cell systems are cheaper to install than DAS, they are typically installed piecemeal in isolated areas rather than as part of a larger system and are limited to one carrier per unit (accommodating as few as 80 users). The disadvantages for Small Cell Systems are that they have limited band width and can only deliver a single wireless communication technology. They are typically placed at low elevations on buildings or poles in the public right of ways. ) ,I If. 2 Mnuoc oil i c.� 5 Distributed Antenna Systems (DAS) Distributed Antenna Systems (DAS) increase capacity of existing macrocell systems by distributing radiofrequency signals in a small defined geographic area from, and aggregate return signals to, a central hub. They typically cover targeted areas both indoors and outdoors with medium to high capacity requirements. One DAS unit transceiver can support one carrier. Multiple carriers use DAS to support their individual networks. The design capacity for DAS (each accommodating up to 200 simultaneous users subscribers) support Wi -Fi which can be used to off -load data traffic from capacity constrained macrocell systems, and can be deployed individually covering a few blocks or as part of a larger system serving an entire city. Distributed Antenna Systems DAS systems are typically placed on buildings or existing poles in the public right -of -way such as utility, street lights, traffic signals, and so forth at relatively low and uniform heights and then hardwired back to a central hub. The systems are very scalable and efficient, but have high initial costs due to design and the construction complexity of the network. B. Far Term - - -- -2020 and Beyond WhiteFi On the horizon is the use of television surplus analog frequency known as 'White Space" or "WhiteFi" which allows longer transmissions and more penetration into buildings and urban canyons. This would make the deployment of higher speed services like 4G LTE more cost effective. The Federal Communications Commission (FCC) planned to auction off parts of the TV spectrum, voluntarily provided by broadcasters for compensation, in mid -2015 to wireless carriers. The National Association of Broadcasters challenged the auction through a lawsuit filed in November 2014 citing potential loss of viewership effectively stalling the auction until a final ruling. TV White Space: Enabling connectivity, enhances life, connecting business teGov Services) TV White Space (TVWS) for connectivity&*,I, TV White Spaces Signals Penetrate More + Walls and Obstacles 1 -ter O --- p., } � y� �• 1 • In a typical home, a Wi -Fi signal can penetrate up to two walls. At the same power, a TV white spaces signal can penetrate more walls and obstacles, enabling whole home media distribution. This will simplify and enrich in- home /in- building networking opportunities. WiMAX Worldwide Interoperabllity for Microwave Access: Wi -Max is like Wi -Fi but it has higher data rate speed over greater distances and can retain more users. Its main purpose is Internet Everywhere. WiMAX will lake desktop computing and change it smoothly into the mobile laptop. It can enable you to take your laptop mobile anywhere you want with internal connectivity; the same way you are carrying your mobile phone with you. WiMAX is designed to deliver broadband multimedia data ubiquitously over wireless links. It mainly consists of two things: a tower and receiver. A WIMAX tower: Similar in concept to a cell -phone tower - A single WiMAX tower can provide coverage to a very large area — as big as 3,000 square miles ( -8,000 square km). A WIMAX receiver: The receiver and antenna could be a small box or they could be built into a laptop the way W iFi access is today. Benefits: WiFi provides high bandwidth but not distance; current cellular systems provide distance but not high bandwidth where Wi -Max provides both. Wi -Max will give a rich vanety of uninterrupted high - bandwidth services to users in offices, homes, coffee shops, airports, and hotels, urban and sub -urban areas. HOW WiMAX WORKS r' IIACRHUII WiMAX M02.16 TRANSMITTER I NE Or SIGHT BACXHAOL NON w a1 LINRSMI5 C., RANSNI514111 5G -2020 & Beyond (Source Wki0edia) SG (5th generation mobile networks or 5th generation wireless systems) denotes the next major phase of mobile telecommunications standards beyond the current 4G /IMT- Advanced standards. 5G has speeds beyond what the current 4G can offer. The Next Generation Mobile Networks Alliance defines the following requirements for 5G networks: a. Data rates of tens of megabits per second should be supported for tens of thousands of users; b. 1 gigabit per second to be offered simultaneously to many workers on the same office Floor; C. Several hundreds of thousands of simultaneous connections to be supported for massive sensor deployments; d. Radio spectrum efficiency should be significantly enhanced compared to 4G; e. Coverage should be improved; f. Coverage efficiency should be enhanced; and g. Frequency interference should be reduced significantly compared to LTE. The Next Generation Mobile Networks Alliance feels that 5G should be rolled out by 2020 to meet business and consumer demands. In addition to providing simply faster speeds, they predict that 5G networks also will need to meet the needs of new use cases, such as the Internet of Things (network equipment in buildings or vehicles for web access) as well as broadcast -like services and lifeline communication in times of natural disaster. Although updated standards that define capabilities beyond those defined in the current 4G standards are under consideration, those new capabilities have been grouped under the current ITU -T 4G standards. In July 2015, the European 5G research project FIexSGware was launched. The objective of FIexSGware is to deliver highly reconfigurable hardware (HW) platforms together with HW- agnostic software (SW) platforms targeting both network elements and devices and taking into account increased capacity, reduced energy footprint, as well as scalability and modularity, to enable a smooth transition from 4G mobile wireless systems to 5G. This will ensure that 5G HW /SW platforms can meet the requirements imposed by the anticipated exponential growth in mobile data traffic (1000 fold increase) together with the large diversity of applications (from low bit- rate /power for M2M to Interactive and high resolution applications). On January 29, 2016, Google revealed that they are developing a 5G network called Sky Bender. They planned to distribute this connection through sun - powered drones. METIS "Mobile and wireless communications Enablers for Twenty-twenty (2020) Information Society. METIS is co- funded by the European Commission as an Integrated Project under the Seventh Framework Programmed for research and development (FP7). The project will provide an important platform for a European -led early global consensus on fundamental questions connected to the development of the future mobile and wireless communications system, and pave the way for future standardization. The project objective is to lay the foundation for a future mobile and wireless communications system for 2020 and beyond. METIS is a consortium of 29 partners coordinated by Ericsson. Approximately 80 persons will be dedicated full time to METIS during its 30 -month duration. The strong consortium includes manufacturers, network telecommunications operators, academic institutions, automotive industry and a research center. 5G Architecture (METIS) s • Amazingly Fast scenario Local break out & Distributed mobile core (i NO, daW rates & network capacities functions • Ultra -Dense Networks (UDN) Accelerated content delivery ISD about 10 in I Tech. Dependent .1 >= l radio nudes per 1 W In U2U. MMC IMa5flVl Mao ire Culmn.j. Mvvu'g NmwvlkelMNt. UUN U Iur r cFeblc Cmnm.(UK CI C.Rm. WbB Cae- pne W W Ford.R (IRI.Op1D!W bCW E1NMW IXL'pNi oro AW c PAN nYtMI Mm:M core c Fun.oris cnorY r ICM•a xa0 •O� �` b`iS[Ol� L arte.nM> `�I Wmnn5KCn9 W fireless ra. SsmYl JA rylo rob'...a w.wa.O aij mere i:no.roeo.rB..B nygByma NelBak lBUl. lepgnal. IYwnn wmea ox4aBr. neB: NOM-n a +atn•ew-! IOBTB xeea 'c�h Ym- o<4rao Jnn 4YJ�.w -m SOV¢. W DS 10 Summary of the Technology future As the next generation of wireless technology is either being deployed or is still under research and development, the certainty is that the trend to wireless and the versatility of personal devices and the consumer demand will continue to increase. As 5 -G or 5'h Generation, WhiteFi, WiMAX, and other untold emerging technologies are deployed, there will be several issues that local governments must address and contend with. A few of the concerns of local government include wireless telecommunications facilities (tower and ground equipment), adherence with building and zoning codes, and compliance with all applicable Federal, State, and local guidelines and regulations including historic preservation concerns. With the advent of new technologies, there will be a "hybridization" of various parts of the systems being "outsourced" or "partnered" with other, and even competing, service providers. Because all service providers will require a "pathway" to the world- wide -web and cloud data storage, it will become vital that most existing and future service providers accomplish this by the cross networking of "backhaul" transport technologies. With this being said, the current Applicant is the "Last Mile" provider, but in the future, the Applicants may be the Backhaul or provisioning service provider. This will be a change from the current Application process. Understanding the technology and future requirements will assist in the future deployment as The City of Roanoke seeks to serve its citizens and their demand for wireless services. Federal Regulation: Since the 1996 Telecommunications Act, (CFR Title 47 Parts 0 -199) Congress and the Federal Communications Commission (FCC) have sought to further expedite the deployment of wireless telecommunications facilities. Most recently, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC_1455) directed the FCC to remove obstacles to the modification process of wireless facilities. This Section requires a State or local government to not deny, and approve any eligible request for a modification that does not substantially change the physical dimensions of the tower or base station that were legally established. Eligible modifications to a tower or base station include the collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment. This ruling does not relieve the FCC from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969. The FCC further clarified the parameters of a substantial change in It is defined as The addition of an antenna 0 ) On a tower that would increase the height by more than 10% or 20 vertical feet, (2) That required installation of more than standard number of equipment cabinets (over 4) or more than 1 new equipment shelter, (3) That would increase girth (width) of the tower by more than 20 feet; 11 (4) Would involve excavation around the tower site beyond the existing boundaries of the property associated with the facility. (5) A substantial change would also include defeating the concealment elements of a stealth wireless facility. In accordance with the FCC Report and Order, this ruling went into effect April 9, 2015. Policy Development: Since the last policy was drafted in 2004, significant changes have occurred In the wireless industry as evident by the introduction to this document. In order to address the changes in consumer demand, available technology, and federal regulation, the City of Roanoke began a process to update this policy by enlisting assistance from the Roanoke Valley - Alleghany Regional Commission (RVARC), a consultant specialized in wireless telecommunications facilities, and input from residents and stakeholders. Prepared by the staff of Roanoke Valley - Alleghany Regional Commission and dated November 24, 2014, the City of Roanoke Wireless Telecommunications Facilities Policy and Regulations Background Information and General Recommendations directed the City to explore: expanded collocation options and administrative review of noninvasive facilities; clear policies that are applied equitably; and community engagement and professional assistance from outside consultants. The City further sought assistance from citizens via survey and public Input meetings, while contracting with a consultant specializing in wireless telecommunications facilities. The Input received through this process was invaluable and all comments were carefully considered when drafting the policies and actions found in this document. Below are short synopses of input received through the survey and public Input meetings. Complete survey results may be found in Appendix B of this document. A survey conducted between March 9, 2015 and April 20, 2015 with 152 respondents revealed that more, smaller wireless facilities were preferred over fewer, taller facilities with stealth facilities and wooden masts extending 10 feet over the tree line the most popular options. Respondents also responded well to DAS facilities especially within the public right -of -way and asked that towers be removed if they became obsolete - Preferred locations that took into consideration factors above and beyond land use to include topography, neighborhood preservation, and available technology noting that most lower economic neighborhoods were adjacent to industrial zoning and would be disproportionately affected. 2. An initial public input meeting was held on Tuesday, April 14, 2015 in the Auditorium of the Main Library. The meeting was publicized twice through MyRoanoke, email blasts from Neighborhood Services, social media, and a WSLS10 Interview which aired several times. In total, six persons attended representing members of the wireless industry, 12 government, and the community. Most comments centered on the visual impacts and viability of available and emerging technology, crafting predictable regulations, and realities faced by the wireless Industry. 3. Two public meetings were held on April 7'", 2016 at the Municipal Building with a Noon session and an evening session that followed. The meetings were publicized through MyRoanoke, email blasts from Neighborhood Services, social media, and several media interviews. In total, eight Individuals attended representing members of the wireless industry, government, and the community. The input stressed a focus on stealth facilities and the use of an outside consultant to help review proposals for wireless facilities. Policies and Actions: The purpose of the policy update is to (1) ensure the City's policy is in compliance with federal and state regulations (2) address advances in technology (3) minimize the visual impact of facilities, and (4) promote comprehensive wireless coverage and capacity in the City of Roanoke. This policy and subsequent Ordinance amendments must also be proactively monitored and updated to ensure timely response to new technology and changes in regulation. As a result of the input received throughout the policy development process, the following Policies and Actions have been developed to accommodate and work toward the delivery of wireless service while maintaining the beauty and splendor of the City. Regularly amend Zoning Ordinance to kego up with changing technology and regulations. a) Seek updates on a five (5) year cycle. b) Regulations should protect the character, scale, viability, and quality of life of the City's neighborhoods and commercial districts. c) Regulations should provide for the removal of discontinued wireless telecommunications towers and related facilities. d) Expand the types of Wireless Telecommunication Facilities covered and permitted by the Zoning Ordinance. e) By -right Administrative review and approval for wireless facilities deemed unobtrusive and that meet all design, planning and Land Use requirements. IF) Seek a regional approach to the deployment of Wireless Telecommunications Facilities; therefore, such guidelines should be consistent with those of surrounding jurisdictions. 2. Approval Process and Regulations for WTF5 should consider a) The Approval Process for WTFS should be set to incentivize service providers to install preferred facility types as outlined in Appendix: C. b) When appropriate, such facilities should be approved administratively. 13 c) Stealth Technology should be encouraged and should not require a Public Hearing if the Staff and consultant believe that this deployment will not be counterproductive to the community. d) Facilities where a site specific assessment is necessary should be required to obtain a Special Exception under the zoning ordinance. e) Facilities should be reviewed by the Third Party Consultant as to technology and deployment. The following items shall be eligible for administrative aooroval' a) Collocation on an existing wireless telecommunication facility, which does not "substantially change the physical dimensions" of the existing facility, in accordance with the FCC interpretation of the Middle Class Tax Relief and job Creation Act of 2012, as referenced in pp. 11-12 of this policy. b) Maintenance, consisting entirely of in -kind replacement of a part or parts of a wireless telecommunication facility. c) Stealth installations on existing structures, such as buildings and utilities. d) Wireless telecommunication facilities Installed on existing utility poles within the right of way, not to exceed 45 feet in total height above ground, subject to such franchises or franchise agreements as have been granted by, or executed on behalf of, the City Council for the City of Roanoke as of the date of the adoption of this policy by the City Council for the City of Roanoke. e) Facilities which are not approved administratively may be eligible for approval by the City of Roanoke Board of Zoning Appeals. 4. Establish Technical Review Standards a. Institute a process and fee for utilizing a Third Party Consultant to assist the City in evaluating each Application for possible alternatives and potential Impacts of a Special Exception or Rezoning request for a Wireless Telecommunications Facility. I. 3rd party review fees shall be agreed upon by the City and Reviewing parry on an Annual Basis. ii. Fees shall be commensurate with efforts required to review including public hearings, site visits and technical analysis with report. iii. The Fee will be a Rat fee for which the Applicant shall be responsible. b. Provide a Technical Review based on acceptable industry deployment standards, City Planning and Zoning Requirements, Federal and State Requirements within a timely schedule and approval process for applicants. 1. Ensure terminology is well defined to assist in accurate communication. Ii. Ensure easy navigation of the supplemental regulations by dividing into easily identified sections dependent on type. Iii. Provide applicants a comprehensive list of submittal requirements that are tailored to each facility type. iv. Ensure that the type of facility necessitates the submittal requirements and are not overly burdensome while still allowing the City to thoroughly review the facility for compliance with standards. c. Technical Standards Information- The following is a list of Information that may be required for each WFF Application: 14 I. Documentation of the type of service, Licensed or Un- licensed frequencies and the area needs for proposed location; ii. Existing structures and collocation sites considered and rejected by the provider and the reasons why; ill. Photo simulations and balloon tests to illustrate visibility of the proposed facility; iv. Scaled plans depicting location of facility on the site, including setback dimensions performed by a Registered Professional Engineer in the Commonwealth of Virginia (COVA); v. Design and photos of the specific type of support structure; A. Design and location of all associated equipment, structures, cabinet, shelters, or buildings; vii. Design, type, location, height, and configuration of all potential future antennas; viii. Landscaping, screening, and security fencing plans; ix. Proposed support structure's design and its capability to support other providers; x. Certification of the structural integrity of the support structure as affected by the attachment or location of proposed Wireless Telecommunications Facilities; and xi. Justification of the requested height and location. xli. Documentation that the facility is or is not within Flight path of Roanoke Airport or hospital transport. xiii. Documentation of FAA exemption. If <35 feet Above Ground Level (AGU does not require FAA or hospital helicopter verification in Airport Navigation Overlay District (AN). Accessed via TOWAIR. xiv. Historical Review Section 106 with Commonwealth of Virginia (COVA) State Historic Preservation Officer (SHPO) comments. xv. NEPA Analysis with comments from COVA Department of conservation and Recreation (DCR). xvi. Radio Frequency Justification Statement from Applicant with Network Narrative, Radio Propagation models and immediate network. xvii. RF Certification for Non - Ionizing Energy Report (NIER). Ensure placement of WTF within the City is based upon comprehensive coverage and capacity needs a. It is the applicant's burden to substantiate that the requested location is necessary for service coverage and that the proposed facility is the least intrusive means to close a significant gap in service. Documentation must be provided. b. Consideration of any request for a new Wireless Telecommunications Facility within the City should also be reviewed for its potential effects on surrounding jurisdictions for coverage. 15 6. Seek collocation on existing structures as a first choice as opposed to building a new structure. a. Facilities with minimal visibility or collocating without exceeding previous approved heights should be handled administratively with subsequent approval if standards are met. b. The Roanoke Valley Broadband Authority has developed a web site with the compilation of data of fiber optic cable, Wireless Telecommunications Facilities, Water tanks etc. This site may assist with the collocation of facilities and can be found at: http: / /highspeedroanoke.neV c. Ali new facilities should be designed to accommodate additional collocation opportunities. d. Collocations which result In adverse visual impact, such as vertical collocations that increase the height of a structure or the size or projection of antenna arrays from the support structure should be discouraged. 7. Stealth Technology Goals for new WTFs a. The use of stealth wireless facilities (camouflage, disguise, concealment) is strongly encouraged. I. Allow for flexibility in the type of antenna used on a host structure to ensure that the antenna does not dominate the structure and does not exceed the height allowed by the zoning district. ii. Disguised stealth facilities should be of an appropriate design and scale to the surrounding environment. iii. Whenever necessary, the engagement of an Architect or specialist in Stealth technology should be used to offer the proper size and scale and visual effects. b. Require design features that make wireless infrastructure as visually unobtrusive as possible. Use natural existing land or city scape to blend WTF into the immediate area. c. Seek stealth technology for WTFs that will adhere to established standards that may be approved administratively. Placement of Antennas on Host Support Structure Goals a. The placement, construction, or modification of Wireless Telecommunications Facilities on existing host structures such as buildings and utility infrastructure reduce the need to erect freestanding towers and are strongly encouraged. b. Roof - mounted facilities are acceptable but should be of a scale and color that are in keeping with the roof. I. It is preferable that roof - mounted facilities be flush - mounted on the parapet or a penthouse rather than projecting upwardly. I. If roof mounted, they should be screened like other rooftop mechanical equipment. Iii. Panel antennas should be located so that they do not peak above the roofline and should be positioned below the parapet. 16 c. Antennas on utility poles should be mounted close to, or flush - mounted against the pole. If located on top of the pole, overhang should be limited. d. Encourage placement on existing host structures within the public right -of -way. 9. WTFs in Public Rights of Way a. Pico Cell systems can be located within the right -of -way and easements with coordination and permission from the Transportation Division of the City of Roanoke and any other lawful coordinating organization. b. Franchise Agreements. With Utility providers (Water, Sewer, Gas, Power, Telco and Cable) within the right of way should be reviewed to ensure that WTFs are properly addressed. c. Spacing, height and appearance as per The Virginia Statewide Building Code and all applicable government and industry standards should be considered. 10. Requests for new freestanding support structures in the City a. Freestanding support structures should be low impact in terms of location, siting, height, and design. J. Location: New Wireless Telecommunications Facility towers and antennas should be constructed in locations (the property or general area where such facility is to be placed) that will provide the least negative impact on the community and that will avoid or minimize environmental impacts to the greatest extent practicable, consistent with Federal rules and regulations. The location should be compatible with surrounding land uses and not detrimental to the City's attractiveness, health, safety, and welfare. To help alleviate the negative impact associated with towers, please refer to Appendix C of this policy. A Wireless Telecommunications Facility does not have to be located in the most preferable locations if careful siting and low -impact design considerations mitigate its impact. The less preferable the location, the more critical siting, height, and design become in consideration of a proposed facility. c. Siting: Siting refers to a specific point on a property where a Wireless Telecommunications Facility is to be constructed such as in the trees or on the roof. Strategic placement within trees or below a ridgeline can significantly reduce visibility of the facility. Wireless Telecommunications Facility locations at elevations lower than surrounding ridge lines, with adequate amounts of trees as a backdrop to eliminate "sky lining' and reduce visibility of the facility are preferred. If there is no other reasonable alternative and a proposed Wireless Telecommunications Facility must be located on a ridgeline, it should be placed on an available transmission line where such power line has already cut the ridgeline or on existing buildings or other structure located on ridgelines. Siting of facilities should not create a hazard to adjacent property or cause the over- development of property that may result in an undue intrusion onto adjacent property. d. Height: Reducing height can be an effective means of reducing the visual Intrusiveness of a tower. Providers should document any requested height and conduct tests to demonstrate the visibility of the proposed facility from surrounding areas. Height considerations should Include consideration of any 17 lighting that may be required by other regulatory authority as a result of the proposed height and its effect on the visual impact of the tower. e. Design: A well designed Wireless Telecommunications Facility can make a difference, particularly in areas of high visibility. Design considerations should include the area of the tower or other support structure, associated equipment enclosures, and the types of antennas and mounting techniques as they relate to the overall height, size, and bulk of the tower. Design preferences for WFF towers: 1. Monopoles are the preferred freestanding support structure. 2. Stealth Disguise - include wooden masts /pole 3. Guy wire and lattice towers are discouraged and should only be deployed in remote locations with minimal visibility. 4. Freestanding support structures should be no wider than the minimum necessary to support the proposed equipment. 5. Flush- mounted antenna arrays are preferred over distributed antenna arrays. 6. Antennas should be mounted close to the supporting structure and should be designed to minimize the profile. 7. Ground -based equipment should be limited in size and screened from view. Shelters are preferred to cabinets. Environmental Controlled Equipment Underground Vaults are preferred. 8. Towers should be painted with a neutral, flat paint which blends with its surroundings. 9. Lighting and reflective signs should be allowed only when required by other regulating bodies such as the Federal Aviation Administration. 10. Any advertising on towers should be prohibited. 11. Security fencing with vegetative screening should be provided. Vertical Board Fencing is preferred. 12.A Wireless Telecommunications Facility should adhere to all regulations from the FCC as to interference and Intermodulation. 13. Consideration for tree canopy in placement should be a design element for placement and siting. 18 Appendix A: Definitions • Antenna - Dish: A parabolic, spherical, or elliptical antenna intended to receive wireless communications. • Antenna - Omni - Directional (Whip): A cylindrical antenna designed to transmit or receive signals in a three hundred sixty (360) degree pattern. • Antenna - Sector (Panel): A directional antenna designed to transmit or receive signals in a directional pattern that is less than three hundred sixty (360) degrees. Sectorized antennas are grouped and mounted on either a host structure or on a freestanding support structure with one of two types of antenna arrays depending on polarization needs. • Distributed Array: Antenna array with protruding side arms or other extension devices to provide spacing of antennas. • Flush - Mounted Array: Antenna array attached flush to an antenna-supporting structure. Antennas are dual - polarized or cross - polarized eliminating the need to protrude from the support structure. Protrusions from the face of a pole are no greater than one -half (1/2) the diameter of the pole itself and in no case greater than twelve (12) inches. • Building - Mounted: Wireless telecommunications facility roof - mounted (attached to roof, parapet, or penthouse and extending above the roofline) or surface - mounted (attached to the surface or fagade) to a building. • Carrier. An approved commercial legal entity by the Federal communications Commission that is authorized to sell voice and data service over a planned and engineered communications network. • Collocation: A situation in which two (2) or more providers place an antennae on a common antenna- supporting structure, or the addition of antennas on an existing structure provided they meet the terms of the first installation. • Distributed Antenna System (DAS): DAS systems are typically placed on buildings or existing poles in the public right -of -way such as utility, street lights, traffic signals, and so forth at relatively low and uniform heights and then hardwired back to a central hub. The systems are very scalable and efficient, but have high initial costs due to design and construction complexity of the network. • Freestanding Support Structures - Guy Wire: A freestanding, antenna - supporting structure supported by a series of guy wires that are connected to anchors placed in the ground. Typically 300 feet tall or more with antennas mounted on the exterior of the tower. • Freestanding Support Structures - Lattice: A self - supporting, stand -alone antenna - supporting structure which consists of three to four sides of vertical and horizontal supports with multiple legs and cross bracing of structural steel. Typically between 100 and 400 feet tall with antennas mounted on the exterior of the tower. • Freestanding Support Structures - Monopole: A freestanding, antenna - supporting structure that is composed of a single shaft of steel attached to a foundation. Typically between 100 and 200 feet tall with antennas mounted on the exterior of the tower. Wooden monopoles are called masts and are shorter and slimmer than steel monopoles. 19 They are typically used in wooded settings, extending no more than 10 feet above the tallest tree within twenty-five (25) feet. Freestanding Support Structures - Stealth: A freestanding, antenna - supporting structure designed to appear to be something other than a wireless telecommunications facility. Frequency Band: Radio Frequencies that are measured in Megahertz (MHz) that are used to transmit and receive voice or data bits of information as provided by a commercial entity approved by the Federal Communications Commission. 1. Licensed - Frequency use that the FCC has issued a License under CFR 47. 2. Un- Licensed - Frequency use that the FCC has issued under CFR 47 that are open to the public under the CFR Code Section 15 that has careful stipulations and requirements. Macrocell System: These systems enable service providers to deliver voice, text, and broadband communications through high powered radiofrequency (RF) signals to large geographic areas. These systems are typically characterized by multiple provider antennas affixed to tall, freestanding towers (on platforms for each service provider known as "slots "), the top of tall buildings, or water tanks. Small cell System: This is an umbrella term for Microcell and Picocell systems. These systems provide small footprint coverage to high traffic areas in need of supplemental capacity to support existing macrocell coverage much like DAS. The advantages of a Small Cell System are the ability to deploy individually to support a larger network and that the costs are less than that of DAS technology. Stealth: A wireless telecommunications facility that is hidden or not readily detectable by means of camouflage or concealment. Camouflage shall mean a way of painting and mounting a wireless telecommunications facility that requires minimal changes to the host structure In order to accommodate the facility. Concealment shall mean to enclose a wireless telecommunications facility within an existing structure or appurtenance of a structure resulting in the facility being either invisible or made part of the feature enclosing it. For the purpose of this policy, stealth will also include mounting on existing utility infrastructure not extending more than ten (10) feet above the highest horizontal plane. See examples for stealth in Appendix D. Utility Infrastructure: Wireless telecommunications facility mounted on existing utility infrastructure (e.g. water tower, power lines). Wireless Telecommunications Facility (WTF): The basic principle in the current deployment of wireless technology for current 4G and future technology innovations is that of what is known as a "WIT ". Towers, rooftops, water tanks, tall signs and any elevated structures can accommodate antennas and equipment. This is why the reference to a wireless telecommunications facility or'WrF" encompasses several basic components. They are: Antennas, Cable, Base Equipment cabinets /shelter, Power source, Backhaul capability, Mounting devices, Structure to mount to: tower, water tank, street lamp post, roof tops, commercial signage, etc. 20 Appendix B: Public Input The following survey was taken on -line in 2015 for the City residents to provide feedback on their wireless habits and opinions concerning service delivery and wireless facility deployment. Questions with tabulated responses: 1. In which Quadrant of the City do you live? 2. In what age range do you fit? Rnvw., Cnwcsv q.ggy. SVI u�% NF 5.0% tF 19.91% Twl 15.104. 2. In what age range do you fit? Rnvw., Cnwcsv q.ggy. 1x11 sea. om tN% x 5e.ro ac n otv. 31JS years dp 15.104. a.2 pare WU 1103% 5JIO65 yearsaW Jt 19x Mxe Nan W ycarsaq 13.N% T5W 3. What type of phone or other wireless device that requires data streaming do you own? 21 IN 1N MMx CN _ Papur. I3]a% Oat[<NlProna ".H% - 9mnn pMnn na apmmn 0. p l i].al% Wpbp T.M In% NF device? tool w.PO ..: 1. .nNn., CW... 4. On average how often do you receive or send calls and text with your wireless phone? M.xa. CWcas a- P... 0B]% WA 6533% S_dd Mnutlay na apmmn 6I5% SarwW uriwx naN 550°]. O[[pslmtllV T.M 08 5. On average, how often do you e-mail or access the internet on your wireless phone or device? .nNn., CW... ftyp ce 13.% WP M.0% S-1 d, a aday 65M S.vcrdl llmCldndda 3611 0.nwninWlY py In 6. Do you consider your wireless device a convenience or a necessity? 7. How would you rate the quality of your service at your residence? 22 le ls% wnv6mdd.d 11631 nn.a..m na apmmn 0.0% 7. How would you rate the quality of your service at your residence? 22 Mawsr Ch.. Responses ko core,agp ono% ppy 1931% Avnnpn W -01% .. A. A—,. i018% .. E.aNkni 1931% , µn o9R m 10 8. Do you use "wired" Wi -Fi internet service to access email or internet on your wireless phone or device while at home? Mawr CMkes Me9onaea Vcs 19.6]% f. M'A ].7M td4 9G 9. Do you use "wired" WI -Fi internet service to access email or internet on your wireless phone or device while at work? MswelCMaes gcsppnses yxe <6 19'e i M'A iWel iM 10. For what purpose do you use your wireless phone /device? Check all that applies. 23 Mew CMe. R.�penr. Por .W U. FOUCWwwI Vn 12M% EmeT.11[ef 651i% WP 0 W% Tqq fl.pOM.MC IW Jtl 11 . Have you cancelled your land line phone and just operate on a wireless phone? M.wn CRgrn Rapono v.: sceo% xo .z zow T.W +W 12. Rank the following wireless facilities collocated on an existing structure in terms of visual preference. Each facility must be assigned a unique number with 1 being the least appealing and 4 being the most appealing. 1 : 3 . T. Stan 13. Rank the following freestanding towers in terms of visual preference. Each facility must be assigned a unique number with 1 being the least appealing and 4 being the most appealing. 24 15]9% 12M% 13.55% 29I1% O n Jtl u13% n. {5% 5539% 13.51% It 1 JJ II x594 3115% 1e M% uW% aa..11 13395 1145% 8352 13. Rank the following freestanding towers in terms of visual preference. Each facility must be assigned a unique number with 1 being the least appealing and 4 being the most appealing. 24 14. Which antenna type do you prefer? Mswer tlwkes 9oW Rasponsn m 15. For freestanding cell towers, would you rather see a greater number of short towers (10' above the tree line) or fewer tall towers (up to 200' monopole)? 102 Mxww6lovw Nasponexs 2 Itl aWrelNlnepne 4119% Jl Ydl mn4x5x ]1831 'If No OpiNpn 30'91 21 TOW 9.90% lw 16. Rank the following land use types in terms of appropriateness for a freestanding tower (Iwould be deemed most appropriate.) FIN 1 2 2 4 ! e 2 9 T. Bean NegnONCM¢mmmGL N 9 In 100% 9.90% 11AM Itm 2Vm Mm uM 6N% VNxyn lWixM WiMIwn. 1 4 A 10 11 %11 Ifl 111 I ryi JI -) S'. lumiry resi0mM M% 211% LM 1.90% 2.1]% Cm Ulm Mm 5 _ 1 J 2 y 11 17 F2 0Zs OmmNmm 4.0% 2.90% HA2% 269!% 12.9ML I.A. 192% ]A2% 4 A )1 21 11 11 J ] M JAfi Iixlu�uW 91.95% 1591% 12m Vm 1 ". OAO% 1.59% 2P% 11 u 11 s 1 b J z ae fiw Lmpp -scale mmn.elnal 1pa. VO9 New 2151% 50.01% 9.N% 229% 9.29% uo% 190% Im Maul 2. $7 9 J 5 4 4 1 W 4U b�x44�lxxixl lny i]ilnifw. Wxxbl 9.92Y 153% 22.12% .41% 21.59% 1. S.M% 2.P% 6 4 20 25 19 1 b 2 09 489 N2+vlluiala N0........ CSai IVI5 15]% I. 12m 12M% 16am 120% 11.99% Vi— m 1 11 1e n "1 1 le w 4.27 WIMxrN1,. IVof Im 90f% 9.L% %IS% 11.62% MM Mm 10211 1 I II s n 1L 11 10 91 020 FIN Appendix C: Matrices Facilities preferred by Zoning Districts Districts Preferred Facility 1 -2, Heavy Industrial Freestanding Support Structure: Monopole; 1 -1, Light Industrial Guy Wire; Lattice Tower; or Stealth AD, Airport Collocation CLS, Commercial Large Site Stealth CG, Commercial General Building- Mounted; Utility Infrastructure Antennas: Distributed Array or Flush - Mounted D, Downtown . Collocation UF, Urban Flex . Stealth MX, Mixed Use Building- Mounted; Utility Infrastructure . Antennas: Distributed Array or Flush - Mounted CN, Commercial Neighborhood • Collocation IN, Institutional Stealth RMF, Residential Multifamily . Building- Mounted RM -2, Residential Mixed- Density Antennas: Flush- Mounted RA, Residential Agricultural ROS, Recreation and Open Space RM -1, Residential Mixed Density Collocation R -3, Residential Single - Family Stealth R -5, Residential Single - Family Antennas: Flush- Mounted R -7, Residential Single - Family R -12, Residential Single - Family MXPUD, Mixed Use Planned Unit Development To be determined by rezoning process INPUD, Institutional Planned Unit Development Based on character and zoning of the IPUD, Industrial Planned Unit Development surrounding area Based on the size of PUD ROW- Right of Way • Collocation Stealth Utility Infrastructure Other factors: • Proximity to less intense land use • Topography (protecting view sheds and ridgelines) • Proximity to historic district (H -1, H -2, National, State) • Proximity to airport or medical helicopter flight path 27 Appendix D: Examples of Stealth Technology 28 29 C+ The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOK6 POV Ann Tina M. Can STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, Sw, SUITE 456 ROANOKE. VA 24011 Account Number 6011439 Oate September 06, 2016 Dale Category Desrnplion An Size TINaI Cost W4noi6 Legal Notices PUBUCHF RWGNOTICE All public heamps adeernsed he 1r123L 1191.76 Publisher of the Roanoke Times 1, (the undersigned) an authorized representative of the Roanoke Times, a deity newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: M0 mtiaol(i The First insertion being given... 0813012016 Newspaper reference: 0000382821 8 ing Repre ntative 16, Sworn to and subscribed before me Miss Tuesday, September 6, 2016 L Notary State of Virginia City /County of Roanoke My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE All n° belieaddnine td OCouncil chamber, fodtM1 now. A. 4% Noel C. Tay' Municipal Bonds , ZIS CM1U¢M1 Avenue. S.W.. Roamk. Virginia All applirwims art amiable for review In the Plarem, 11u0drig.8 Development Mire. Room 1%. 215 Church Avemm. SW.. connote. Virgins . TM City of Rai Planning Ca arnan, n will Isola A public hearinia On September 12. 2016, at 1:10 p.m., or As led matte may be heard, to cm¢iner this request Tina M. Car, 5ecrelar, Cily clandit, Ccord 100 Clf, Council will hold a public hearing on the Ormod request on September 19. M14 at 7'.W for as some as the matter may be had, in the City Cwmil Chamber. ICUM find, Roan 4%, NON C. Taylor Mommall Bulldog. 215 Church Avenu, S.W. Roan -NC. v"Ain. Any arson with A disability Decide g any special .....him to atlend M amillpate in the heatings Ahead contact the City deks Office at Cad, M Vial at lean Five days Pie to the schedules lic inu. Stephanie M. Moon Reynolds, MMC, City Clerk Thd City Of Rwnak¢ Dead of O ing Appeals will had dual[ hearinos on September 14.2016 at I:0 d.m,, or As Application from low patnek Kraft for property Irca ed at 415 Ring George Avenue. S.W., bearing Official Tan No 1010815, zoned RM 1. camel lial Mired Candy District, Do a specal sepliw Pauli m sttlim l6] 202. Zoning. Code of the Dry of Roanoke (1979), As anowded. to pemit the change q1 a diffice.findind, use to another nemconidming Widdifcalty from artist Wupio to o1NCe, gn cirl or pofessipnal. TIM M. Can. Secretary. City Said of Zoning Appeals (382821) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning, Building, & Development office, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on September 12, 2016, at 1:30 p.m., or as soon as the matter may be heard, to consider this request: A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's comprehensive plan, by the adoption of a new Wireless Telecommunications Facilities Policy dated September 12, 2016, to replace the existing policy adopted by City Council on May 20, 2004. The policy will help ensure that the City of Roanoke's practices with respect to wireless telecommunications technology comply with federal and state regulations, address advances in wireless telecommunications technology, minimize the visual impact of emerging wireless telecommunications facilities technology, and promote comprehensive wireless coverage and capacity in the City of Roanoke. Specifically, the policy recognizes new and emerging wireless telecommunications technology, applicable federal regulations pertaining to the same, and growing demand for such technology; recommends changes to the City's zoning ordinance; allows such technology to be permitted administratively and by the Board of Zoning Appeals; requires removal of discontinued facilities; and provides for third party technical review and fees related thereto. Such policy also relates to placement of facilities within the right -of -way and on private property in manners which achieve comprehensive coverage while minimizing the visual impact of facilities. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid request on September 19, 2016, at 7:00 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Room 450, 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 City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on September 14, 2016, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application from MH of VA, Inc., doing business as Wing & Fish Restaurant, for property located at 1731 Melrose Avenue, N.W., bearing Official Tax No. 2221509, zoned CN, Commercial - Neighborhood District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish an eating and drinking establishment abutting a residential district. Application from Joe Patrick Kraft for property located at 415 King George Avenue, S.W., bearing Official Tax No. 1030815, zoned RM -1, Residential Mixed Density District, for a special exception pursuant to Section 36.2 -707, Zoning, Code of the City of Roanoke (1979), as amended, to permit the change of a non - conforming use to another non - conforming use, specifically from artist studio to office, general or professional. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, August 30, 2016, and Tuesday, September 6, 2016. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals 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(&,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 Agenda • Changes in Technology, Demand, and Legislation • Process for Policy Update • Future Expectations • Policies and Actions • Next Steps and Questions w � ROANOKE PLANNING, BUILDING and DEVELOPMENT Wireless Telecommunications Facilities (WTF) Policy Update September 19, 2016 THE ATLANTIC GROUP ❑ F C O M P A N I E S . -. www.atianticgroup.us.com o Roanoke Valley - Alleghany Regional Commission (RVARC) report Recommended the creation of a clear policy supporting collocation and other facilities that are noninvasive. o Public Input o Survey o Public meetings Consultant Input How often do you use your wireless devise(s)? r 0 20 40 60 80 100 Occasionally OF Several times a week M Several times a day Atlantic Technologies - specialized in WTF technologies 2004- 2016 - What just happened ? 12 Years ............... 3 -G to 4 -G 80% voice & 20% data =3G o80% data & 20% voice =4G Local government Review of Existing WTF's Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 Shall not deny, and shall approve, any eligible modification of a legally established facility that does not substantially change its physical dimensions. c Eligible Modification Collocation of new transmission equipment; or Removal or replacement of existing equipment o Expansion of spectrum Unlicensed Wi -Fi spectrum and unused broadcast television spectrum opened up for use by unlicensed transmitters. o 5G Technology o Strategic partnerships, collocations, and utilization of smaller facilities to fill in network. Macrocell ( Microcell Picoccil (hcr!la�� Establish regulatory processes that encourage wireless telecommunications facilities that are appropriate for our community. Upcoming changes to Zoning Ordinance Technical Review Standards o3rd party consultant o Requirements for application o Placement is based upon coverage and capacity needs c Preferences oCollocations oStealth oPlacement on existing structures c Preferences by Zoning District Considerations for new facilities New freestanding structures o Location o Height Design Administrative Approval c Collocation c Maintenance, In -Kind replacement c Stealth installations on existing buildings /utilities c Installation on existing utility poles in ROW, not to exceed 45' in height in total height Modify Ordinance Update the Zoning Ordinance to better regulate Wireless Telecommunications Facilities. Wayne F. Bowers Director of Economic Development Roanoke, Virginia Dear Mr. Bowers: I am enclosing copy of Resolution No. 40651- 091916 authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will (i) delete certain areas currently within Enterprise Zone One A and (ii) will add certain areas not currently within them to Enterprise Zone One A and its Subzone B. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Qj.�l�) Stephanie Reyni City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Rob Ledger, Economic Development Manager Brandon Turner, Economic Development Specialist CITY OF ROANOKE GO OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Rom o 456 Roanoke, Virginia 24011 -1536 Teleplu ne: (540)853 -2541 Fax: (540)85,3-1145 .STEPHANIE M. MOON REYNOLDS, MMC E -mail: rlerk(plroanokeva.R °v CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC September 21, 2016 Assistant Deputy City Clerk Wayne F. Bowers Director of Economic Development Roanoke, Virginia Dear Mr. Bowers: I am enclosing copy of Resolution No. 40651- 091916 authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will (i) delete certain areas currently within Enterprise Zone One A and (ii) will add certain areas not currently within them to Enterprise Zone One A and its Subzone B. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Qj.�l�) Stephanie Reyni City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Rob Ledger, Economic Development Manager Brandon Turner, Economic Development Specialist IN'l I I E COUNCIl, OETHE. CITY OF ROANOKE, VIRGINIA The 19th day oC September, 2016. No. 40651- 091916. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will (i) delete certain areas currently within Enterprise Zone One A and (ii) will add certain areas not currently within then, to Enterprise Zone One A and its Subzonc B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A that are not utilizing and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to then that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated September 19, 2016; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; WHFRFAS, the deletion of certain arena and Ouc addition of certain areas as part of the City's Enterprise Zone One A and its Snb%m1C 13, as set forth above, has it potential to stinndatc significant privale. scclor invesnnenl within the City in areas where such business and industrial growth could rasult in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at Which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprse Zonc One A and its Subzone B. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone B which amendments will delete certain areas currently within Zone One A and which will add to Zone One A and its Subzone B additional areas which are currently outside such Zone areas. Such amendments are more filly shown on the map(s) attached to the City Council Agenda Report dated September 19, 2016, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Viiginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzonc B, for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: City Clerk. 3 STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in agenda item A.2 set for the 7:00pm session of City Council for Monday, September 19, 2016, regarding proposed amendments to the boundaries of Enterprise Zone One A and its Subzone B because I am involved in real estate development projects, either personally or through companies in which I have an interest, that may be affected such proposed amendments. Pursuant to Virginia Code Section 2.2-3112 A. 2, H., this statement constitutes my declaration of the transaction and the nature of my personal interest affected by this transaction. As a real estate developer, I am a member of a business, profession, occupation, or group the members of which are affected by the transaction and I am able to participate in the discussion and deliberations involving this transaction fairly, objectively, and in the public interest. Therefore, I shall participate in the discussions and deliberations involving the proposed amendments to the boundaries of Enterprise Zone One A and its Subzone B. 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 19th day of September, 2016. (Seal) Joh A. Garland, Membd of Council e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Approval of Enterprise Zone One A and its Subzone B Amendment Application (CM 16-00130) Background: Since the designation of the City Enterprise Zones, Enterprise Zone One A and its Subzones have had amendments to the zone boundary and local incentives. In accordance with state regulations regarding boundary deletions, each zone can have a maximum acreage deletion of fifteen percent of the current zone size. Enterprise Zone One A and its Subzones are eligible for such acreage deletion. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments set forth below that would delete approximately 27 acres from Zone One A. Additionally, in accordance with state regulations regarding boundary size, each zone has a maximum acreage limit equal to seven percent of total City acreage. Enterprise Zone One A and its Subzone B have less than the seven percent limit and are eligible to be expanded. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments as set forth below that would add an additional 16.08 acres to Zone One A and 1.04 acres to Zone One A's noncontiguous Subzone B, for a combined amendment of approximately 17 acres. Considerations: The Zone One A boundary deletion amendment includes approximately 4.56 acres consisting of property located along the south side of Campbell Avenue, S.W. to the east of 7th Street, S.W. and between Church Avenue, S.W. and Luck Avenue, S.W.; 0.49 acres of property located along Memorial Avenue, S.W. between the Roanoke River and Midvale Avenue, S.W. and adjacent to 13th Street, S.W. between the Roanoke River and a railroad right -of -way; 7.26 acres consisting of properties located along Williamson Road, N.W. and N.E. to the north of Floraland Drive, N.W., South of Epperley Avenue and Greenlawne Avenue, N.W., north of Huntington Boulevard, NW, and south of Huntington Boulevard, N.W.; 4.87 acres consisting of property to the east of Interstate 581, south of Sycamore Avenue, N.E., and west of Courtland Road, N.E.; 6.89 acres consisting of property located along the south of River Avenue, S.E. between 9th Street, S.E. and Progress Drive, S.E., and north of the Roanoke River,; and, 2.49 acres consisting of properties located along the west of Hollins Road, N.E. and to the east of the railroad right -of -way. A total of approximately 27 acres will be deleted from Enterprise Zane One A. Deleting the above properties from the City's Enterprise Zone One A will create additional opportunities for utilizing the program for other areas of the City where growth and revitalization is anticipated; properties being deleted are either undevelopable due to natural constraints on the land, or are owned by entities which are not eligible to apply for Enterprise Zone benefits. A map showing each boundary deletion amendment is attached hereto and has been on file since September 2, 2016 in the City Clerk's Office. (Attachment 1) On the Attachment, the blue boxes represent the boundary deletions from Zone One A. The red areas represent properties being added to Enterprise Zone One A and its Subzone B. The green area shows the existing boundaries of Enterprise Zone One A and its Subzone B. The Zone One A boundary addition amendment adds approximately 6.10 acres consisting of property located along Williamson Road, S.E. to the north of Albemarle Avenue, S.E. and to the south of Albemarle Avenue, S.E. adjacent to the north of U.S. 220, and north of Walnut Avenue, S.E. and south of U.S. 220, 4.29 acres consisting of property located along Franklin Road, S.W. to the north of the Roanoke River and south of the railroad right -of -way; 1.34 acres consisting of property located to the northwest of Midvale Avenue, S.W. and south of the railroad right -of -way; and 4.34 acres consisting of property located to the west of Hollins Road, N.E. and to the south of Missouri Avenue, N.E. and east of the railroad right -of -way. A total of approximately 16 acres will be added to Enterprise Zone One A. The Zone One A's Subzone B boundary addition amendment adds approximately 1.04 acres consisting of property located to the south of Dale Avenue, S.E. and east of the terminus of Fallon Avenue, S.E. Combined with the above mentioned addition of acreage to Zone One A, a total of approximately 17 acres will be added to Enterprise Zone One A and its Subzone B. Adding the above properties to the City's Enterprise Zone One A and its Subzone B will generate additional opportunities for revitalization where buildings and sites are currently vacant or underutilized and development is pending. A map showing each boundary addition amendment is attached hereto and has been on file since September 2, 2016 in the City Clerk's Office. (Attachment 1) In accordance with the Virginia Department of Housing and Community Development's (VDHCD) Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens and interested parties an opportunity to be heard before submitting an amendment application to the Department for consideration. Such public hearing is being held at Council's regular 7:00 p.m. meeting on September 19, 2016. Upon approval by City Council, the boundary amendments will be submitted to the VDHCD. Such amendments are subject to approval by the VDHCD. If approved, the amendments will be retroactive to a date approved by the VDHCD. Recommended Action Absent comments at the public hearing requiring further consideration, adopt a resolution to modify, as set forth above, the boundaries of Enterprise Zone One A and its Subzone B, subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, as set forth above. Furthermore, authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and /or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the Program requirements throughout the life of the Zones. - I��___--------- - - - - -- Christopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Barbara Dameron, Director of Finance Wayne Bowers, Director, Economic Development Brandon S. Turner, Econ. Develop. Specialist, Economic Development The ROarbtA'fi"- �� ' l" . Fti Account Numb e. Roanoke, Virginia 60246]] Affidavit of Publication Date September 09, 2016 CITY CLERK 456 NOEL C. TAYLOR MUNICIPAL BUILDING 215 CHURCH AVE. SW ROANOKE 980ea V0. 2µp1) Gate Category Descrlptiou Ad Slze Total Cost 0911512016 Trustee Sales NOTICE OF PUBLIC HEARING Notice Is hereby given that th 1 x 252 L 2,368.24 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 09162 69/69/2616 The First insertion being given ... 09102/2016 Newspaper reference: 0000384260 (- o/l W/'�/--Z' _ / Byling Reprefenfative t / / / Sworn to and subscribed before me this Friday, September 9, 2016 Notary Publ State of Virginia rrC.+,o 12 City/County of Roanoke <Pp'y pp v My Commission expires ' �L' )3L( /� i o 1B� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING In the Net C. Development Specialist, (540) D3 Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections EST 538, et seq. Code of Virginia (1950). as amended, the City of Roanoke for a..... to make applimuons to the Vi difirm Department of Pressing antl Community Development far the matters of form below. A To amend the boundaries of Enterprise Zone One A by deleting acreage as Indicated below.. 1. To delete. from Zone One A approximately 456 acres Consisting of Campbell Avenue, SW. to the east of 7th Street, S.W. and between church Avenue, SW. and Luck Avenue, S.W.. With Tax Map numbers 1113301, 1113319, and 1113414. The deletion wnsists of acreage owned by entitles hich are excluded from zone benefit eliguallty or re being utilized br purposes which a not eligible for Dowe benefits. The area is mood ntown. L To doled, from Zone One A ocateed alonlg Memorial Asom property between the Roanoke River and Midvale Avenue, SW, and adjacent to 13th Street, S.W. between the Roanoke River and a railroad right -of way which acreage owns excluded from 3. To delete from Zone One A approximately 726 acres consisting of properties located along Williamson Road, N.W. and N.E to the north of Flomlana Drive, N.W., Routh of Epperley Avenue and Gmenlawne Avenue, N.W., north Of Huntington Boulevard, NW, and saute of Huntington Boulevard. NW , vid Tax Map numbers 2004601, 2161013, 2161016, 2280144, 2280145, 2280146, 2290147, 3160101, 3160102, 3160103, 3160104, TRUCK and 3160150. The deletion consists of acreage which is excluded from Zone benefit eligibility. The properties are zoned 111 iOnal and Commercial Neighborhood. 4. To delete from Zone One A approximately 437 ble, consisting of Property to the east of Interstate 581, south of Sycamore Avenue, RE, antl west Of CourtNnd Road, N.C. with Tas Map number 3070322. The deletion consists of acreage welch Is excluded form zoo, boner[ eligibility. The property is :oleo Light Industrial. 5. To delete from Zone One A Approximately 699 acres ronsisting of Property located along the south of River Avenue, S.E. between 9th Street, BE. antl Progress Drive, BE, antl north of the Roanoke River, with Tax Map umber 41701018. The Cal¢ti0n Consists of acreage which is not capable of being developed in the future. The property Is zoned Light Industrial, S To delete from Zone One A nroars rigntm -way with Tax Map uimbers 3040407, 3040406, 3040109, 3040410, 3040412, 3041 3040414, 30 1IS 3040416, 3040504, 3040505, 3N05p6, 3040507, 30405M 3040509, 304041, 3040512, ROUSH, 3040514, 3040535,3610516, and 3W05P. These deletions consist of acreage covering parking and storage lots for an existing business and have not been Identified for future development, The properties are zoned Light Industrial Conditional. B. To amend the Cornell of Enterprise Zone One A and its Slab ¢me B by adding additional acreage as 'ndicated below: L To add In th, correct Zone one S.E. and Lou Iha property will be made contiguous to property already located In Zone One A. This Property is zoned Downtown and Light Industrial. 2. To add to the cun'ent Zone One A approximately 4.29 acres consisting of property locatetl along Franklin Road, S.W. to the north of the Roanoke River and south of the railroad ught of Way, with Tax Map number 1040302. This addition will lnmrporate land which k in a prime area for commercial it ... h0ment. This memory will be road, contiguous to property already toaster is Zone one A Thu property is zoned "national Planned Out Development 3. To add to the current Zone One A Approximately 134 acres consisting of Property located to the northwest of Midvale Avenue, S.W. and south bethe airoad rightofway, with Tax Map numbers 1221201 antl 12212& The addition will fully cover parcels which are already partially revered by Zone One A and where development Interest IS high. This Property will be made contiguous to property already located in zone one A. This property is zoned Urban Flex. S To add to the correct Zone one it's Rumored B approximately IN acres consisting of property located to the south of Dale Avenue, S.E. and east of the terminus of Fallon Avenue, Si with Tax Map numbers 43112N and 4311209. This addition was fumy cover parcels which overed by Zone One l A'sdSomeonlelB antl where development interest is Mgm. This property will be made contiguous to property already located in Zone One A'S SabIDne B. Thus property is ioLed Mixed Use Planned Lord eveirpment. R. To add to the current Zone One A approximately 434 acres Ann ... ting of property located to the west of Hollins Road. N E. and to the south of Missouri Avenue, N.E. and east of the railroad light MIS, with Tax Map number 3113501. This addition will Incorporate structure where significant job creation and/or cominted investment Is planned This property will be made contiguous to property already located in Zone One A. This property is zoned Light Industrial, COnauional. A compact n Of me maps, f the . n, A copy of maps and other documents describing the proposed area of the Enterprise Zone One A antl Its Subzrnc B amendments, and the other matters referred to above, are on The and may be reviewed by the public In the Office of the City Clerk Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Estatke, Virginia 24011 during business hours Allpartiu and interested citizens may on these matNn.v udyaou area person with a disability who needs accommodations for this hearing, please contact the City Clerk's Off It (540) BSYss41. tome YET noon o0 the TM1Ursday September 15, 2016. GIVEN under my hand this end day of September, 2016 Seattle, M. Moon R ... bid,. CMC City Clerk (304204) NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday, September 19th, 2016, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540) 853 -2541, orfrom Brandon S. Turner, Economic Development Specialist, (540) 853 -5405. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 59.1 -538, et seq., Code of Virginia (1950), as amended, the City of Roanoke proposes to make applications to the Virginia Department of Housing and Community Development for the matters set forth below. A. To amend the boundaries of Enterprise Zone One A by deleting acreage as indicated below: 1. To delete from Zone One A approximately 4.56 acres consisting of property located at the south of Campbell Avenue, S.W. to the east of 7" Street, S.W. and between Church Avenue, S.W. and Luck Avenue, S.W. , with Tax Map numbers 1113301, 1113319, and 1113414. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are being utilized for purposes which are not eligible for zone benefits. The area is zoned Downtown. 2. To delete from Zone One A approximately 0.49 acres of property located along Memorial Avenue, S.W. between the Roanoke River and Midvale Avenue, S.W. and adjacent to 13" Street, S.W. between the Roanoke River and a railroad right -of -way which have Tax Map numbers 1222401, 1222402, and 1222403. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility and are not capable of being developed in the future. The property is zoned Recreation and Open Space. 3. To delete from Zone One A approximately 7.26 acres consisting of properties located along Williamson Road, N.W. and N.E. to the north of Floraland Drive, N.W., South of Epperley Avenue and Greenlawne Avenue, N.W., north of Huntington Boulevard, NW, and south of Huntington Boulevard, NW, with Tax Map numbers 2080601, 2161013, 2161016, 2280144, 2280145, 2280146, 2280147, 3160101, 3160102, 3160103, 3160104, 3160105, and 3160150. The deletion consists of acreage which is excluded from zone benefit eligibility. The properties are zoned Institutional and Commercial- Neighborhood. 4. To delete from Zone One A approximately 4.87 acres consisting of property to the east of Interstate 581, south of Sycamore Avenue, N.E., and west of Courtland Road, N.E. with Tax Map number 3070322. The deletion consists of acreage which is excluded from zone benefit eligibility. The property is zoned Light Industrial. 5. To delete from Zone One A approximately 6.89 acres consisting of property located along the south of River Avenue, S.E. between 9`" Street, S.E. and Progress Drive, S.E., and north of the Roanoke River, with Tax Map number 4170101R. The deletion consists of acreage which is not capable of being developed in the future. The property is zoned Light Industrial. To delete from Zone One A approximately 2.49 acres consisting of properties located along the west of Hollins Road, N.E. and to the east of the railroad right -of -way with Tax Map numbers 3040407, 3040408, 3040409, 3040410, 3040412, 3040413, 3040414, 3040415, 3040416, 3040504, 3040505, 3040506, 3040507, 3040508, 3040509, 3040511, 3040512, 3040513, 3040514, 3040515, 3040516, and 3040517. These deletions consist of acreage covering parking and storage lots for an existing business and have not been identified for future development. The properties are zoned Light Industrial, Conditional. B. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 6.10 acres consisting of property located along Williamson Road, S.E. to the north of Albemarle Avenue, S.E. and to the south of Albemarle Avenue, S.E. adjacent to the north of U.S. 220, and north of Walnut Avenue, S.E. and south of U.S. 220, with Tax Map numbers 4021504, 4021505, 4021506, 4030212, and 4030213. This addition will incorporate property that is planned to be redeveloped into active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned Downtown and Light Industrial. 2. To add to the current Zone One A approximately 4.29 acres consisting of property located along Franklin Road, S.W. to the north of the Roanoke River and south of the railroad right -of -way, with Tax Map number 1040102. This addition will incorporate land which is in a prime area for commercial development. This property will be made contiguous to property already located in Zone One A. This property is zoned Institutional Planned Unit Development. 3. To add to the current Zone One A approximately 1.34 acres consisting of property located to the northwest of Midvale Avenue, S.W. and south of the railroad right -of -way, with Tax Map numbers 1221201 and 1221208. This addition will fully cover parcels which are already partially covered by Zone One A and where development interest is high. This property will be made contiguous to property already located in Zone One A. This property is zoned Urban Flex. 4. To add to the current Zone One A's Subzone B approximately 1.04 acres consisting of property located to the south of Dale Avenue, S.E. and east of the terminus of Fallon Avenue, S.E., with Tax Map numbers 4311204 and 4311209. This addition will fully cover parcels which are already partially covered by Zone One A's Subzone B and where development interest is high. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned Mixed Use Planned Unit Development. 5. To add to the current Zone One A approximately 4.34 acres consisting of property located to the west of Hollins Road, N.E. and to the south of Missouri Avenue, N.E. and east of the railroad right -of -way with Tax Map number 3111501. This addition will incorporate a structure where significant job creation and /or capital investment is planned. This property will be made contiguous to property already located in Zone One A. This property is zoned Light Industrial, Conditional. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments referred to above, and the local incentives currently offered in Zone One A and its Subzone Bare available for public inspection in the City's Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853 -5405. Please contact Brandon S. Turner at the above number if you want to see if a specific piece of property is involved in this matter. A copy of maps and other documents describing the proposed area of the Enterprise Zone One A and its Subzone B amendments, and the other matters referred to above, are on file and may be reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 during business hours. All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at (540) 853 -2541, before 12:00 noon on the Thursday September 15, 2016. GIVEN under my hand this 2nd day of September, 2016 Stephanie M. Moon Reynolds, CMC City Clerk Note to Publisher: Please publish twice in the Legal Notice section of The Roanoke Times, once on Friday, September 2, 2016, and once on Friday, September 9, 2016. Send Publisher's Affidavit City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Send Bill to: Rob Ledger Economic Development Manager Department of Economic Development City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 DRAFT 9/2/2016 Enterprise Zone Amendment Application Applicant Locality /Localities: City of Roanoke Name of Zone: One A and its Subzone B Zone Number: 5 Virginia Department of Housing and Community Development 600 East Main St, Suite 300 Richmond, Virginia 23219 (804) 371 -7030 EZ0NEC@dhcd.virginia.gov www.dhcd.virginia.gov VIRGINIA DEPARTMENT OF HOUSING o' VIRGINIA AND COMMUNITY DEVELOPMENT :: DBCO Partners for Better Communities Virginia Enterprise Zones ble of Contents Overview of Amendment Application ........................................................................... ............................... 3 Checklistof Required Attachments ............................................................................... ............................... 3 Coversheet.................................................................................................................. ............................... 4 Boundary Amendments: Size Allowances ...................................................................... ..............................5 Boundary Amendments: Map Requirements ................................................................. ..............................6 BoundaryAmendments: Deletion ................................................................................ ............................... 7 BoundaryAmendments: Addition ................................................................................. ..............................8 Appendices.................................................................................................................. ............................... 9 AppendixI ........................................................................................................................... ............................... 30 Public Hearing and Resolution Requirements ................................................................ ............................... 30 Advertisingand Public Hearing ....................................................................................... ............................... 11 GoverningBody Resolution ............................................................................................ ............................... 12 Appendix11 .......................................................................................................................... ............................... 14 Single Jurisdiction Zone Size Requirements and Configurations .................................... ............................... 14 FrequentlyAsked Questions .................................................................................................. ............................... 15 ka This is the 2015 Application for an Enterprise Zone Amendment. There are 3 types of amendment applications: Boundary Additions. Boundary Deletions. and Incentive Changes. As you advance through the application, please delete the portions of the amendment that do not apply to your application. Detailed Instructions for completing this application can be found in the Appendix I beginning on Page 15 of this document. Please read all of the appendices carefully before completing this application. Each locality amending boundaries or incentives must complete a separate amendment application. Each enterprise zone can consist of up to three non- contiguous zone areas. In cases where a locality has multiple zone designations, each of those zones can consist of up to three non - contiguous geographic areas. In the case of Joint Zones, each locality's portion of the joint zone can consist of up to three non - contiguous geographic areas, but one of those three non - contiguous areas must be contiguous to at least one other participant's zone area. For more details, refer to Appendix II beginning on Page 20. An enterprise zone boundary amendment cannot consist of a site for a single business firm and cannot be less than 10 acres. Enterprise zone amendment applications can be submitted once every twelve months from the date of the locality's last zone amendment. Joint Zones may amend their zones in one application or independently so long as each locality amends their portion of the zone only once every twelve months from the date of that locality's last amendment. The locality submitting the amendment application must be up to date in its annual reporting requirements. Once DECD approves an enterprise zone amendment, the modifications to the zone are retroactive back to January 1n of the Calendar Year in which the amendment was approved. To be considered for a Calendar Year, Amendment Applications should be submitted by November 1" of that Calendar Year. Place the required attachments at the end of the amendment application. Unless otherwise specified, the attachment is required for all types of application amendments. ® Public Hearing Advertisements (2) Dated proof of publication required. See Page 10. ® Official Public Hearing Minutes ® Local Assurances ® Resolution ❑ Incentive charts (incentive amendments only) ® Maps (Boundary amendments only) ❑ Joint Application Agreement In the case of a Joint Zone, all participating localities must submit approval resolutions, even if they are not amending their portion of the zone. See PageErrorl Bookmark not defined.. wrmia =1_ Required of all applicants. Each locality amending boundaries or incentives must complete a separate amendment application. Zone Number: 5 Attachments: Type of Amendment: Locality: City of Roanoke Check all that apply. ® Boundary deletion Government Mailing Address: ® Boundary amendment Attn: Economic Development Department ❑ Incentive amendment 117 Church Avenue, SW Roanoke, VA 24011 Total non - contiguous zone areas before amendment: Chief Elected Official (Name and Title): [:10 ®1 ❑ 2 [:]3 Elder Sherman Lea (Mayor) Total non- contiguous zone areas after amendment: Local Zone Administrator: ❑ 0 ®1 ❑ 2 ❑ 3 Name: Brandon S. Turner Title: Economic Development Specialist Number of non - contiguous (nc) Phone: (540) 853 -5405 areas added or deleted as part of E -mail: Brandon.Turner @roanokeva.gov amendment application: Mailing Address: 117 Church Avenue, SW _0 Added nc areas Roanoke, VA 24011 _0 Deletedncareos Has this contact changed in the last 12 months? ❑ Yes ®No Public Hearings: ® Completed Application Zone Type ® Single (one locality) Enterprise Zone Attachments: ❑ Single Applicant from a Joint Enterprise Zone ® Advertisements ® Minutes If Joint Zone, list other localities in Zone: ® Resolutions ® Local Assurances ❑ Joint Application Agreement Certification of Chief Administrative Officer: Locality has submitted all annual To the best of my knowledge and belief, data in this proposal is reports required to date. true and correct and the governing body of the participant has ® Yes duly authorized the proposal through resolution. The resolution is ❑ No attached. Amendment Requests are Signature: Date: not considered complete Name: Christopher P. Morrill and will not be processed Title: City Manager until the locality's annual reporting requirements are fulfilled. vi E�wo,,. Complete this section only if this amendment modifies the zone boundaries and acreage. Delete this section if you are only requesting a change to zone incentives. A. Basic size limits are determined by the type of locality. Towns and Cities have a minimum of one - quarter (1/4) square mile (160 acres) and a maximum of one square mile (640 acres). Counties and consolidated cities have a minimum of one -half (1/2) square mile (320 acres) and a maximum of six square miles (approximately 3,840 acres). Refer to Appendix II on Page 14 for more information on zone size limits and boundary modification requirements. For zones utilizing population estimates, utilize the Weldon Cooper Public Service Centers most recent final (not provisional) population estimates for the locality. Size Guideline Used: ❑ Basic Land Size City/Pre -2005 Town Zone U Basic Land Size County & Consolidated City Bask Minimum B lc Maximum Requested Acreage 320 Acres 1,840 Acres M 7 Percent of Land Area (Cities and Towns only) -`a 7 %oF Land Area = Alowable Acreage Requested Acreage 27,217 Acres 1,905 Acres 1,904 Acres U 7 Percent of Population (Cities and Towns only) Total land Area. 7 %of Population= Allowable Population Requested Acreage B. Complete the chart below showing the size of the zone after the proposed modifications. Zone size guidelines can be found in Appendix II on Page 14. When completing the chart, you may delete the example. Current zone size Requested Acreage 180 Ayes "o Acres Locality U Basic Land Size County & Consolidated City Bask Minimum B lc Maximum Requested Acreage 320 Acres 1,840 Acres M 7 Percent of Land Area (Cities and Towns only) -`a 7 %oF Land Area = Alowable Acreage Requested Acreage 27,217 Acres 1,905 Acres 1,904 Acres U 7 Percent of Population (Cities and Towns only) Total land Area. 7 %of Population= Allowable Population Requested Acreage B. Complete the chart below showing the size of the zone after the proposed modifications. Zone size guidelines can be found in Appendix II on Page 14. When completing the chart, you may delete the example. w,vm�. Current zone size Proposed deletion Proposed addition Amended z Locality size in acrea in acreage size in acreage size in acreage - (totalacreage ' City of Roanoke 1,913 acres 27 acres 17 acres 1,904 acres' 'Rounded w,vm�. Complete this section only if this amendment modifies the zone boundaries and acreage. Delete this section if you are only requesting a change to zone incentives. The required maps must be able to fit inside a legal size mailing envelope (folded). Each of the required maps must be produced at the same scale. GIS generated maps are preferred. Topographic maps are not acceptable. Please submit maps as a separate JPEG or PDF file. Local Zone Administrators MUST submit a draft boundary amendment map to DHCD for review prior to scheduling the public hearing. Map 1: Map of the locality indicating the current and amended boundaries of the enterprise zone area. Please indicate the amended zone boundaries using the key below. All required features listed in the charts must be included on each map and clearly visible. All maps should indicate the acreage of additions, deletions, and total zone acreage. r —I Proposed Additions— Red fill with bold red dashed border Proposed Deletions— Blue fill with bold blue dashed border Existing Zone Boundaries — Green fill Exiting Zone Boundaries — Contiguous Areas of other localities in a Joint Zone Required Zone Features Included on Map: • Major Streets /Roads /Highways Labeled (Dark Gray Lines; Only Major Labels) • City /County /Town Limits (Bald Blue Solid Lines) • Key Businesses /Employers • Key Properties /Revitalization Project Areas/ Developable Land • Airports/ Ports of Entry • Major Railways • Office or Industrial Parks Special Districts Map 2: Map of the modified enterprise zone boundary indicating the existing land use characteristics. Please utilize the land use classifications below, and provide a key. Indicate on this map the total zone acreage and the approximate number of acres devoted to each type of use. Privately Held Land Publicly Held Land Business /Commercial State /Federally Owned Land Industrial Local Publicly Owned & Used Land Institutional Unused Publicly Owned Land Single - family Residential Parks & Recreational Areas Multi- family Parking Agricultural Parking Mixed -use Map 3: Map of the modified enterprise zone showing the boundaries of existing Zoning Districts. Please provide a key of the zoning districts shown. If the area is not zoned, this map is not required. nM. Complete this section only if this amendment modifies the zone boundaries to delete acreage. Delete this section if you are only requesting a change to zone incentives or adding acreage. Boundary deletions cannot exceed 15 percent of the total enterprise zone acreage for the locality. DHCD reviews boundary deletions on a case -by -case basis and requires assurance that the applicant has based their decision on reasonable and careful consideration. In the space below, please address the following questions: A. Describe the areas proposed for deletion from the zone. Explain the rationale for deleting the area(s) from the zone. Identify the total number of properties and the total number of businesses in the deleted area, and describe the process used to notify the owner of each property and business. ] B. The local governing body must separately notify each property and business owner located within the area of the proposed deletion two weeks Prior to holding the public hearing. A copy of these notification letters must accompany the amendment application. If the same letter was mailed to multiple owners, please provide a list of who received the letter. Publication of an ad in the local newspaper does not, by itself, meet this requirement but may be used as an additional form of notification. C. Outline any comments received from these owners as well as comments made at the public hearing regarding the deletion, and how these comments were addressed. D. Discuss the impact of this decision on the revitalization efforts in the area(s) to be deleted and on the overall economic development efforts of the locality. Describe any future plans for the area(s). The areas proposed for deletion from Enterprise Zone One A and it's Subzone B are as follows: 1. To delete from Zone One A approximately 4.56 acres consisting of property located at the south of Campbell Avenue, S.W. to the east of 71h Street, S.W. and between Church Avenue, S.W. and Luck Avenue, S.W., with Tax Map numbers 1113301, 1113319, and 1113414. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are being utilized for purposes which are not eligible for zone benefits. The area is zoned Downtown. 2. To delete from Zone One A approximately 0.49 acres of property located along Memorial Avenue, S.W. between the Roanoke River and Midvale Avenue, S.W. and adjacent to 13'h Street, S.W. between the Roanoke River and a railroad right -of -way which have Tax Map numbers 1222401, 1222402, and 1222403. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility and are not capable of being developed in the future. The property is zoned Recreation and Open Space. 3. To delete from Zone One A approximately 7.26 acres consisti ng of properties located along Williamson Road, N.W. and N. E. to the north of Floraland Drive, N.W., South of Epperley Avenue and Greenlawne Avenue, N.W., north of Huntington Boulevard, NW, and south of Huntington Boulevard, NW, with Tax Map numbers 2080601, 2161013, 2161016, 2280144, 2280145, 2280146, 2280147, 3160101, 3160102, 3160103, 3160104, 3160105, and 3160150. The deletion consists of acreage which is excluded from zone benefit eligibility. The properties are zoned Institutional and Commercial - Neighborhood. 4. To delete from Zone One A approximately 4.82 acres consisting of property to the east of Interstate 581, south of Sycamore Avenue, N.E., and west of Courtland Road, N.E. with Tax Map number 3070322. The deletion consists of acreage which is excluded from zone benefit eligibility. The property is zoned Light Industrial. 5. To delete from Zone One A approximately 6.89 acres consisting of property located along the south of River Avenue, S. E. between 9th Street, S. E. and Progress Drive, S. E., and north of the Roanoke River, with Tax Map number 4170101R. The deletion consists of acreage which is not capable of being developed in the future. The property is zoned Light Industrial. 6. To delete from Zone One A approximately 2.49 acres consisting of properties located along the west of Hollins Road, N.E. and to the east of the railroad right -of -way with Tax Map numbers 3040407, 3040408, 3040409, 3040410, 3040412, 3040413, 3040414, 3040415, 3040416, 3040504, 3040505, 3040506, 3040507, 3040508, 3040509, 3040511, 3040512 ,3040513,3040514,3040515, 3040516, and 3040517. These deletions consist of acreage covering parking and storage lots for an existing business and have not been identified for future development. The properties are zoned Light Industrial, Conditional. A copy of the notice letters to property/business owners, with a list of properties and addresses, is attached to this application. This deletion affects 43 parcels and 10 business and property owners. No comments were received by the owners and /or at the public hearing. Deletion of approximately 27 acres of Enterprise Zone One A strategically removes properties which are not capable of supporting development and /or are owned by entities which are not eligible to apply for Enterprise Zone benefits. This deletion will free acreage to be shifted to Properties where development is imminent and a strong desire to utilize zone benefits has been expressed. September 1, 2016 Property/Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner The City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B; the amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone One A. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone One A, and will no longer be eligible for the local and State incentives currently offered in any of the Enterprise Zones. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendments, and the local incentives currently offered in Zone One A and its Subzone B are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853 -5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzone B is scheduled for Monday, September 19, 2016, at 7:00 PM in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sincerely, Christopher P. Morrill City Manager Enterprise Zone Amendments - 2016 Properties to be Deleted from Enterprise Zone One A 3040407 0Indiana Avenue, NE Roanoke VA 24012 3040408 0Indiana Avenue, NE Roanoke VA 24012 3040409 0Indiana Avenue, NE Roanoke VA 24012 3040410 0Indiana Avenue, NE Roanoke VA 24012 3040412 0 Mohawk Avenue, NE Roanoke VA 24012 3040413 0 Mohawk Avenue, NE Roanoke VA 24012 3040414 0 Mohawk Avenue, NE Roanoke VA 24012 3040415 0 Mohawk Avenue, NE Roanoke VA 24012 3040416 0 Mohawk Avenue, NE Roanoke VA 24012 3040504 0 Indiana Avenue, NE Roanoke VA 24012 3040505 0Indiana Avenue, NE Roanoke VA 24012 Transfer Company, Inc. 3040506 Olndiana Avenue, NE Roanoke VA 24012 3040507 0Indiana Avenue, NE Roanoke VA 24012 3040508 0Indiana Avenue, NE Roanoke VA 24012 3040509 0Indiana Avenue, NE Roanoke VA 24012 3040511 0 Mohawk Avenue, NE Roanoke VA 24012 3040512 0 Mohawk Avenue, NE Roanoke VA 24012 3040513 0 Mohawk Avenue, NE Roanoke VA 24012 3040514 0 Mohawk Avenue, NE Roanoke VA 24012 3040515 0 Mohawk Avenue, NE Roanoke VA 24012 3040516 0 Mohawk Avenue, NE Roanoke VA 24012 3040517 0 Hollins Road, NE Roanoke VA 24012 1222401 0 13th Street, SW Roanoke VA 24016 1222402 0 Midvale Avenue, SW Roanoke VA 24016 1222403 0 Midvale Avenue, SW Roanoke VA 24016 3070322 1684 Courtland Road, NW Roanoke VA 24012 noke 3160103 0 Williamson Road, NW Roanoke VA 24012 3160104 0 Williamson Road, NW Roanoke VA 24012 3160105 3229 Williamson Road, NW Roanoke VA 24012 3160150 0 Williamson Road, NW Roanoke VA 24012 4170101R 0 9th Street, SE Roanoke VA 24013 3160101 3333 Williamson Road, NW Roanoke VA 24012 t Court United Methodist Church 3160102 3325 Williamson Road, NE Roanoke VA 24012 pie Corp. 1113301 628 Campbell Avenue, SW Roanoke. VA 24016 � LL L <mmeR,a4..n.nl wtn'. cnmmeetlYS.n.olccmamnM - . ce— pa'laraesaa asl<j: comm.aa4uga IM.comm<nn a. cnmm.,[M4wigne[mnae ari, G......a4fNpnUertq[Y V[ntilavai n([F V.aaa✓an CenMnml - N.VSM IM WfiaI Nlq WMlnwnw L<nenlonn - 43'. Wary ln[ueTal - N'.Ineuw[nel wN([j Ineumonal Can.IXOnaI . NFVa.l-- i- rMlai —arle- mNNm(tl' InNUUnntl PYnmC Unll M LonJl4onal iVIXG.IrcueFal RameO Urvt Cerc<nanwml mMFMmrM. MF([j'. MLLMUU CagXMel �M UU MUJ Vr WnnM Um Cev M "arc),ruenuyRmneeuuVevc[na— Rd. Rea sngl�FamN Rs, Ren SMgRFemY�' R.i. Reasnglshmly Re. ve.Mm�w,a RM.I. R-Mma ri I c y -I(<I. all.- il...... J.. RMa. Rea Miva dmay _I araa¢j. Ra.Mma.irary 1ptii. -RMF', Ree.Aflu / WRMF(y:Rnieallamry CenemanM - Iq5'. R —ratUr a11a., in au - ., pain FM, wurt<I =Mm.n FM.cmrrmmi Modified Enterprise Zone and Existing Zoning Districts Content may not reflect National' CeLOrme. HERE. UNEP-WGMC, �i CITY OF ROANOKE A 0 0.25 0.5 1 O Miles current map policy. Sources: National Geographic, Ear[ (, ESA'. MET[. NRCAN, GEBCO, NOM, Increment P Cc Modified Enterprise Zone and Existing Land Use Classifications Vacant Acreage: 392 Land Use Classifications Single Family Acreage: 18 . Multifamily Acreage: 12 Vacant Commercial /Industrial Acreage: 1200 "' *Land use acreage based on parcel data.' - '— Single Family Total Zone Acreage: 1903 ® Multifamily Commercial /Industrial 1 CITY OF ROANOKE A ., >.. 0 0.25 0.5 1 Miles Content may nct roflect National Geog rap hi Cs current map policy. Sources: National Geogmph, Esn, DaLOrine. HERE. UNE P -WC MC. US GS. NASA. ESA, METI, NRCAN, GEBCO, NOM. increment P too. Current and Amended Boundaries of Enterprise Zone Area A• r 3` a+nr a :a, Proposed Additions Proposed Deletions - Existing Zone Boundaries 1 Acreage of Additions: 18 Acreage of Deletions: 28 Total Zone Acreage: 1903 CITY OF ROANOKE 6 0.25 0.5 1 A iONi . Content may nor Fefled fNational Geographicc current map policy. Sou"S_ National Geographic, Esn, Deinman. HERF. UNEP -WCMC. USGS. NASA. ESA. METI. NRCAN, GESCO, NOAH, i ... entP C.T. Complete this section only if this amendment modifies the zone boundaries to add new acreage. Delete this section if you are only requesting a change to zone incentives or deleting acreage. Boundary additions cannot consist of a site for a single business and cannot be less than 30 acres in size. Counties with enterprise zones can include acreage within corporate town limits, provided the acreage addition falls within the total zone size requirements for the locality. Existing towns with enterprise zones may not add portions of the unincorporated areas into the zone through the amendment process. In the space below, please address the following questions: A. Describe the areas proposed for inclusion into the zone boundaries and explain the strategic importance of adding each area(s) to the zone. B. Indicate whether each added area is contiguous to existing zone boundaries or will count as a new non- contiguous zone area. C. Discuss relevant economic conditions, economic development /revitalization efforts occurring within me proposea addition. tfuanury mis Information wnere To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 6.30 acres consisting of property located along Williamson Road, S.E. to the north of Albemarle Avenue, S.E. and to the south of Albemarle Avenue, S.E. adjacent to the north of U.S. 220, and north of Walnut Avenue, S.E. and south of U.S. 220, with Tax Map numbers 4021504, 4021505, 4021506, 4030212, and 4030213. This addition will incorporate property that is planned to be redeveloped into active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned Downtown and Light Indus trial. 2. To add to the current Zone One A approximately 4.29 acres consisting of property located along Franklin Road, S.W. to the north ofthe Roanoke River and south of the railroad right-of-way, with Tax Map number 1040102. This addition will incorporate land which is in a prime area for commercial development. This property will be made contiguous to property already located in Zone One A. This property is zoned Institutional Planned Unit Development. 3. To add to the current Zone One A approximately 1.34 acres consisting of property located to the northwest of Midvale Avenue, S.W. and south of the railroad right -of -way, with Tax Map numbers 1221201 and 1221208. This addition will fully cover parcels which are already partially covered by Zone One A and where development interest is high. This property will be made contiguous to property already located in Zone One A. This property is zoned Urban Flex. 4. To add to the current Zone One A's Subzone B approximately 1.04 acres consisting of property located to the south of Dale Avenue, S.E. and east of the terminus of Fallon Avenue, S.E., with Tax Map numbers 4311204 and 4311209. This addition will fully cover parcels which are already partially covered by Zone One A's Subzone Band where development interest is high. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned Mixed Use Planned Unit Development. 5. To add to the current Zone One A approximately 4.34 acres consisting of property located to the west of Hollins Road, N.E. and to the south of Missouri Avenue, N. E. and east of the railroad right -of -way with Tax Map number 3111501. This addition will incorporate a structure where significantjob creation and /or capital investment is planned. This property will be made contiguous to property already located in Zone One A. This property is zoned Light Industrial, Conditional. B. All properties mentioned above are contiguous to Enterprise Zone One A or its Subzone B; no subzones are to be created for this amendment. Amending Tax Map Numbers 4021504, 4021505, 4021506, 4030212, and 4030213 will bring a key underutilized corridor between downtown and the Virginia Tech Carillon School of Medicine and Research Institute into the zone; several properties are for sale, with two being considered for multi - million dollar projects. Tax Map number 1040102 is in a critical location near the rapidly growing Vr Carillon Research Institute and a $10+ million investment is being discussed for this property. Tax Map numbers 1221201 and 1221208 are adjacent to a significant retail /tourism facility which is planning a mufti- million dollar expansion /renovation over the next few years. Tax Map Numbers 4311204 and 4311209 are adjacent to a significant new retail facility in a neighborhood which has high unemployment and low per - capita income; these parcels have been identified for imminent development which may total $1 million +and be a significant job generator. Tax Map number 3111501 houses a business which is anticipating significant job creation within the next year. fy _ Appendix I: Public hearing and resolution Local assurances ....................... Appendix II: Size requirements 10 13 14 15 Appendix I Advertisement Requirements ❑ Ads must be published once a week for two successive weeks in a newspaper of general circulation. ❑ The final advertisement cannot be published less than five days or more than twenty -one days prior to the hearing. ❑ The ad must give the time, date, and location of the hearing. ❑ Amendment Application must include proof of publication showing the dates the ad was published. Public Hearing Requirements ❑ Local Governing Body must hold at least 1 public hearing prior to passing the resolution authorizing submission of the amendment application. ❑ Public Hearings may not be held more than 6 months prior to submission. ❑ Public Hearings must be open to the public and allow time for comment. ❑ Amendment Application must include an official copy of the Public Hearing Minutes. The complete requirements for conducting public hearings are stated in §15.2 -2204, Code of Virginia. Resolution Requirements ❑ Resolutions should indicate that the local governing body: ❑ Is applying for an Enterprise Zone Amendment ❑ Authorizes the Chief Administrator acting as Local Zone Administrator to submit all information needed to apply for a zone amendment ❑ Authorizes the Chief Administrator to meet other administrative and reporting requirements, as defined by the Enterprise Zone Regulations, throughout the life of the zone. ❑ If in Joint Zone: Indicates that each locality has completed the Joint Application Agreement, authorizing the amendment application to be submitted. ❑ Where there is no Chief Administrator, a Clerk may also be authorized for these duties. Information for Joint Zone Localities Each locality in a joint zone must submit a separate amendment application to amend their boundaries or local incentives. All localities participating in the joint zone (regardless of whether or not they are amending their portion of the zone) must pass approval resolutions and sign joint application agreements for any amendment made by a partnering joint applicant. Each locality can only amend their portion of the zone application once every twelve months from the approval date of their last amendment. 10 �o�n Advertising and Public Hearing Sample Advertising & Public Hearing Timeline 1 -month Prior to Advertising: Amendment Draft Submitted to DHCD for Review. Public Hearing Date Set after DHCD Draft Approval. Day 1: Public Hearing Advertisement 1 Day 8: Public Hearing Advertisement 2 Q Days after 1't Advertisement) Day 15: Public Hearing Held (5 to 21 Days after 2nd Advertisement) Day 16: Governing Body Resolution Passed (After Public Hearing) Day 20: Local Assurances Signed by Chief Administrator (After Public Hearing & Resolution) Day 30: Joint Zone Amendment Agreement Signed (After Public Hearing & Resolution if Joint Zone) Day 60: Amendment Submitted to DHCD (Within 6 months of Public Hearing) Governing Body Resolution - QCottntp Jgoarb of *ttperbiborg RESOLUTION 2014 -12 -05 VIRGINIA: At a regular meeting of the Board of Supervisors of� County, Virginia, held on Tuesday, December 16, 2014, the follevving resolution was presented and adopted: WHEREAS, - County has a designated Enterprise Zone, identified as Zone 4 that provides a combination of State and Local incentives to promote economic development, and WHEREAS, there is a current need to amend the existing Enterprise Zone 40 in _Cowry to incorporate additional properties in and around the Towns of _ and M to increase economic growth opportunities, and WHEREAS, this proposed expansion will serve to benefit economic and industrial expansion of -County to meet the goals and objectives of the Virginia Enterprise Zone Program, then THEREFORE, BE IT HEREBY RESOLVED that the � County Board of Supervisors authorizes the County Administrator to submit the necessary Enterprise Zone amendment package and sign all necessary documentation on behalf of _ County for this proposed Enterprise Zone amendment, and to meet other program administrative and reporting requirements, as defined by the Enterprise Zone Regulations throughout the life of the zone. Given under my hand this 16" day of December, 2014. Recorded Vote ACopy Test . Moved By Seconded By: Yeas: 7 Nays: 0 County Board of Supervisors 12 try Faa�Ww�w Appendix) Local Assurances Local Assurances and Authorizations are used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be met. All applications must include a certified Resolution from the local governing body, which is separate from the Local Assurances LOCALASSURANCES As the representative of the local governing body of the City of Roanoke, VA . I hereby certify that: (locality) 1) The information in the Enterprise Zone application is accurate to the best of my knowledge; 2) A public hearing was held on Monday. September 19, 2016 by the aforementioned locality to solicit comments on this request for application amendment. A copy of the public hearing advertisement and a copy of the public hearing minutes are attached; 3) Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality and have been reviewed by the local governing body's attorney as to their legality; 4) It is understood that if at anytime the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five -year period, the zone shall be subject to termination. Chief Administrator: Title: Date: 13 Vl,gm, Zone Size Requirements and Configurations Size Limits for City Zones Minimum: one - quarter (1/4) square mile (160 acres). Maximum: one square mile (640 acres). Towns: Town Zones designated before 2005 should use the City size requirements listed here. Exception: may be larger than one square mile provided it does not exceed seven percent (7 %) of the locality's land area or it does not encompass more than seven percent (7 %) of the locality's total population. To calculate the population exception, the LZA must use the most recent Weldon Cooper Centers' final (not provisional) population estimates for the locality. Amendments submitted with incorrect population estimates will not be accepted. Weldon Cooper Public Service Center: htto: //w .coopercenter.ore /demographics /POP ULATION %20ESTI MATES/ Size Limits for County Zones Minimum: one-half (1/2) square mile (320 acres). Maximum: six square miles (approximately 3,540 acres). Size Limits for Zones in Consolidated Cities Zones in cities where the present locality boundaries have been created through the consolidation of a city and county (Chesapeake, Hampton, Newport News, and Virginia Beach) or the consolidation of two cities (Suffolk and Richmond), must use the minimum and maximum we guidelines for County Zones described at left. Single Jurisdiction Zone Size Requirements and Configurations Single zone: An enterprise zone located entirely within a single jurisdiction. The locality's zone can consist of three non - contiguous zone areas. If a locality has two zone designations, each of the zones can consist of three non - contiguous areas. For zones designated after 2005, a county zone may include incorporated town acreage as part of the county's zone acreage. This addition does NOT constitute a joint zone. The acreage within the town limits counts towards the county's maximum zone acreage. Towns added into the county acreage are not required to offer local enterprise zone incentives, but may. Non - contiguous ` �\ county zone areas � County Zone I Boundaries --- - - - - -- I I I I I I Town Boundaries t L------ - - - - -I Portion of town limits in County's zone � i County Boundaries ,— 14 �,emm Frequently Asked Questions 1. If I submit an amendment, when does it take effect? a. An amendment is retroactive to January 1 of the calendar year in which the amendment was submitted. 2. Is there a deadline for amendment applications? a. For consideration within a Calendar Year, Amendment Applications should be submitted to DHCD no later than November 1" of that calendar year. Approval of Amendment Applications can take several weeks to process, and applications submitted during December are not guaranteed for approval forthat year. 3. Does DHCD have to review our amendment plans before the Public Hearing? a. Yes. DHCD must review your amendment plans before the Public Hearing is scheduled. Local Zone Administrators should send draft boundary and incentive changes to DHCD to approve, to ensure that the proposed changes fall within the program regulations. DHCD recommends submitting drafts at least 1 month in advance of the intended public hearing date. 4. Do I complete the entire application? a. No. Local Zone Administrators should only submit the pages of the application that apply to the amendment they are requesting. For example, if the amendment requests a boundary addition, the boundary deletion and incentive amendment sections can be deleted. S. How can amendment be used to improve state incentive usage? a. Amendments can be a strategic tool for improving the impact of an Enterprise Zone. Local Zone Administrators should contact DHCD to discuss options for improving incentive use in order to avoid expiring due to inactivity. 15 CIO" �e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Public Hearing Regarding 2015 -16 Consolidated Annual Performance and Evaluation Report for US Department of Housing and Urban Development Background: Each year the City is required to develop a Consolidated Annual Performance and Evaluation Report (CAPER) for submission to HUD which includes a review of the specific community development and housing activities that were undertaken during the recently concluded program / fiscal year, and identifies the amount of funding that benefited low -to- moderate income persons. Once the CAPER is drafted, HUD requires that the draft be made available to the public for a 30 day review and comment period prior to its finalization and submittal to HUD. The City made the draft CAPER available to the public through a variety of means, including the City's website, by mail to citizens upon request, at the City Municipal Building, at the City's Main Branch library, and at the Roanoke Redevelopment and Housing Authority's Executive Offices. This year the 30 day public comment period on the draft CAPER began on August 19, 2016 and ends on September 20, 2016. No comments have yet to be received during this period. City Council will hold a public hearing to receive comment on the CAPER during its September 19, 2016 regular meeting. Upon closing of the public hearing, the City Council will consider approval of the CAPER at its recessed meeting on September 23, 2016, and authorize its submission by the City Manager to HUD. The deadline for the CAPER to be received by HUD is September 28, 2016. Recommended Action: Receive public comment on the City's Draft Consolidated Annual Performance and Evaluation Report (CAPER) to HUD, and direct any comments received to the City Manager for consideration and inclusion in the CAPER to be presented to City Council for final approval on September 23, 2016. -- -- ------------------- nstopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning Building and Development Keith Holland, Community Resources Program Administrator City of Roanoke, Virginia ROANOKE 2015-2016 Consolidated Annual Performance and Evaluation Report (CAPER) for the HUD Community Resources Division DY-,AFT ON Fm IT [ �[N fIEVtEw / § ) ME ! E § m i I ! 7 !. } } !a § e e )f)? § § k »!{ 44 ) ! — lf7n «2 _ } } ƒ/� ;! !f7 %q: !) ) )i §\�� ; �.2 MO . \ 0 0 ) \ )kƒ 2 t� !!7( Aj |!w W 0faitaSa |0 aEwTEwf(z «E ! 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CR -10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) Table 2— Table of assistance to racial and ethnic populations by source of funds Narrative CDBG, HOME, and ESG funding was utilized to benefit a variety of races and no one race was given priority over another. All programs are operated as a first -come, first served basis and are operated regardless of race or ethnicity. CAPER OMB Control NO: 25060117 (sop. 07131/2015( CDBG HOME ESG White 0 7 0 Black or African American 0 46 0 Asian 0 12 0 American Indian or American Native 0 0 0 Native Hawaiian or Other Pacific Islander 0 0 0 Total 0 65 0 Hispanic 0 0 0 Not Hispanic 0 65 0 Table 2— Table of assistance to racial and ethnic populations by source of funds Narrative CDBG, HOME, and ESG funding was utilized to benefit a variety of races and no one race was given priority over another. All programs are operated as a first -come, first served basis and are operated regardless of race or ethnicity. CAPER OMB Control NO: 25060117 (sop. 07131/2015( CR -15 - Resources and Investments 91.520(a) s...,_. edema aHaWe Source of Funds Sourte Resources Made Amount Expended Available During Program Year CDBG 0 678,102 HOME 0 125,119 ESG 0 Table 3 - Resodrtes made Avallame Narrative Most of the carryover funding that was available for use this year was expended during the program year. Both CDBG and HOME expenditure deadlines were met. the a ra hic distribution and location of investments r 9 og P Target Area Planned Percentage of Actual Percentage of Narrative Description Allocation Allocation Melrose - Orange Target Area 42 Melrose- Orange Target Area 51 West End Target Area 0 Table 4 — Identify the geograpnic dtsu Narrative Most of the CDBG and all of the HOME funds allocated during the program year were programmed for activities that benefitted the Melrose- Orange Targeted Area. A portion of CDBG funding was used to benefit the West End Neighborhood Revitalization Strategy Area. Total drawn during the program year that benefitted either targeted area was: CDBG - $DOLLARSII; HOME - $DOLLARSI!. Atotalof $DOLLARS[I was allocated to Targeted Area benefits this year. CAPER OMa Contra) No: 2506 -0117 (exp. 07/31/2015( Table 4 — Identify the geograpnic dtsu Narrative Most of the CDBG and all of the HOME funds allocated during the program year were programmed for activities that benefitted the Melrose- Orange Targeted Area. A portion of CDBG funding was used to benefit the West End Neighborhood Revitalization Strategy Area. Total drawn during the program year that benefitted either targeted area was: CDBG - $DOLLARSII; HOME - $DOLLARSI!. Atotalof $DOLLARS[I was allocated to Targeted Area benefits this year. CAPER OMa Contra) No: 2506 -0117 (exp. 07/31/2015( Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), Including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. Both CDBG and HOME funds were leveraged through the work of many of the city's subrecipients. Habitat for Humanity matched HOME funds at a much greater rate than the required 25% match. At least one private developer has spent nearly $4.0 million on acquistion and rehabilitation of several properties in WETA to create affordable, market rate single family housing. Fiscal Year Summary — HOME Match 1. Excess match from prior Federal fiscal year 1,087,990 2. Match contributed during current Federal fiscal year 0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 1,087,990 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 1,087,990 table 5— Fiscal Year Summary - HOME Match Report CAPER OMB Con Vol No: 2506 -0117 (ehp. 07/31/2015) d Y C Y CG , O O Y e m� F d8 Y p d C G O 6 Y m c a �a C 9 9 O 9 Y C Y Q Lw a C pp Y a pc \ O L 4 c ne x 0 0 0 M. L V N �m b h c gg c c LL C O I A � .VC1 q i d d 6 ~ N A O �p Y N Yj 'v •n F A d ' d LL Y y d N T c a 3 0 a c 0 u O LL$ o m m- y k L V LL F C� L e_ Y � O C O d a' a c u° O tt LD Y s d Y C Y CG , O O Y e m� F d8 Y p d C G O 6 Y m c a �a C 9 9 O 9 Y C Y Q Lw a C pp Y a pc \ O L 4 c ne x 0 0 0 M. Minority Business Enterprises and Women Business Enterprises— Indicate the number and dollar value of contracts for HOME projects completed during the reporting period L Total Minority Business Enterprises White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount 0 0 0 0 0 0 1 Number 0 0 0 0 0 0 Sub - Contracts Number 0 0 0 01 01 0 Dollar Amount 0 0 0 0 0 0 0 Total Women Business Enterprises Male 0 Contracts Dollar Amount 0 0 1 0 Number 0 0 0 Sub- Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 — Minority Business and Women Business Enterprises Minority Owners of Rental Property— Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Alaskan Asian or Black Non- Hispanic Hispanic Native or Pacific Hispanic American Islander Indian Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 — Minority Owners of Rental Property CAPER OMB Con Vol No: 250"117 (exp. 07/31/2015) Relocation and Real Property Acquisition — Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Total Minority Property Enterprises White Non - _ Alaskan Asian or Sink Non- Hispanic Displaced Hispanic Native or Pacific Hispanic American Islander Indian Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10— Relocation and Real Property Acquisition CAPER OMB Control No: 25060117 (.P. 07/31/2015) 10 CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, Including the number and types of families served, the number of extremely low- income, low - income, moderate - income, and middle - income persons served. Table 11— Number of Households One -Year Goal Actual Number of Homeless households to be provided affordable housing units 30 0 Number of Non - Homeless households to be provided affordable housing units 49 0 Number of Special -Needs households to be provided affordable housing units 0 0 Total 79 0 Table 11— Number of Households Table 12 — Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City provided funding to several nonprofit agencies to complete rehabilitation of single family homeownership projects as well as the creation of affordable units through acquisition and rehabilitation or new construction. In addition, the City operated a down payment assistance program, benefitting XX low- income households. The City surpassed the estimated number of households to be assisted due to leveraging of partner resources. Discuss how these outcomes will impact future annual action plans. Future action plans will still heavily focus on rehabilitation of single - family homeownership properties but leveraged money will be used to determine the goal for affordable units. CAPER 11 OMB control No: 2505-0117 (exp. 07131/2015) One -Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 1 0 Number of households supported through Rehab of Existing Units 48 0 Number of households supported through Acquisition of Existing Units 4 0 Total 53 0 Table 12 — Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City provided funding to several nonprofit agencies to complete rehabilitation of single family homeownership projects as well as the creation of affordable units through acquisition and rehabilitation or new construction. In addition, the City operated a down payment assistance program, benefitting XX low- income households. The City surpassed the estimated number of households to be assisted due to leveraging of partner resources. Discuss how these outcomes will impact future annual action plans. Future action plans will still heavily focus on rehabilitation of single - family homeownership properties but leveraged money will be used to determine the goal for affordable units. CAPER 11 OMB control No: 2505-0117 (exp. 07131/2015) Include the number of extremely low- income, low- income, and moderate - income persons served by each activity where Information on Income by family size Is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low- income 1 0 Low - income 3 1 Moderate - income 0 0 Total 4 1 Table 13— Number of Persons Served Narrative Information The City focuses heavily on lower- income households for its rehabilitation efforts. Alternately, the HOME program focuses on long -term affordability and assists low- to moderate - income households with incomes able to sustain the maintenance needs of homeownership. CAPER OMB Control No: 25060117 (ex,. 0)/31 /2015( 12 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City's Homeless Assistance Team (HAT) provides street outreach services to the city's homeless population. Through a centralized intake office conveniently located downtown near the bus terminal, the HAT team reaches out to homeless individuals and families that are unsheltered to assess their needs and provide solutions, including rapid- rehousing through the Council of Community Services. Addressing the emergency shelter and transitional housing needs of homeless persons The City's ESG funding was used to provide emergency shelter and rapid rehousing of homeless individuals and families. See the ESG section for additional information. Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City partners with the Community Housing Resource Center, part of the Council of Community Services, to provide homeless prevention services. CDBG and ESG funds were used to provide homeless intervention programs to families in danger of becoming homeless. Through the coordination of a "No Wrong Door" policy, each organization is equipped to assist individuals who are released from publicly funded institutions in order to avoid homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City has signed on to the Governor's challenge to end veteran homelessness by 2016. Excellent progress has been made this program year toward achieving this goal. The city does not experience high levels of chronic homelessness as there is adequate space in the city's emergency shelters. The CAPER C Ma Control No: 2506 0117 (toc, 07 /31/2015) 13 focus of most of the ESG funding received has been on rapid rehousing which has been effective in getting homeless persons into affordable, sustainable housing. CAPER 14 OMa Conttal No: 250"117 (.P. 07/31/2015) CR -30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City of Roanoke has its public housing needs served by the Roanoke Redevelopment and Housing Authority (RRHA). The RRHA is a separate public body from the city and, therefore, provides all of the services to the citizens for the housing choice voucher program, Section 8 program, and public housing. No CDBG or HOME funds were invested this year in public housing activities and no additional public housing units were created. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership RRHA encourages residents to become more involved in management by having the management of the public housing units contained within the housing complexes themselves. Public housing households are encouraged to participate in homeownership through the Family Self- Sufficiency program that provides Section 8 Housing Choice Voucher payments towards the household's mortgage payments while the household receives job training and housing and budget counseling to ensure their success through homeownership. Actions taken to provide assistance to troubled PHAs Not applicable as the RRHA is not designated as a troubled agency. CAPER OMB control No: 2506-0117 (.p. 07/31/2015) 15 CR -35 - Other Actions 91.220(j) -(k); 91.320(i) -(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The Community Resources Division participated in the review of several plans during Program Year 2015, including the wireless master plan, amendments to the comprehensive plan, and several neighborhood specific plans. The city continues to seek opportunities for input into restrictive policies and procedures. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City received its annual allocation of ESG funding to address homelessness in the city. In addition, funding was provided to Blue Ridge Independent Living Center to provide home modification services for low- income disabled families in order to allow them to remain in their homes. The City continues to provide training and outreach to underserved populations to encourage homeownership and responsible rental housing practices. Staff provides training at least once each quarter to several homeless shelters in the area to inform the residents of their rights under the Federal and State Fair Housing Laws as well as their rights under the Virginia Residential Landlord Tenant Act (VRLTA). This training helps to ensure that homelessness does not become a repeat in many of these individual's lives. Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j) The City received its annual allocation of ESG funding to address homelessness in the city. In addition, funding was provided to Blue Ridge Independent Living Center to provide home modification services for low- income disabled families in order to allow them to remain in their homes. The City continues to provide training and outreach to underserved populations to encourage homeownership and responsible rental housing practices. Staff provides training at least once each quarter to several homeless shelters in the area to inform the residents of their rights under the Federal and State Fair Housing Laws as well as their rights under the Virginia Residential Landlord Tenant Act (VRLTA). This training helps to ensure that homelessness does not become a repeat in many of these individual's lives. Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) In partnership with Habitat for Humanity in the Roanoke Valley, the City has endeavored to reduce the number of poverty -level families through the provision of homeownership assistance and substantial housing and budget counseling. A requirement for CDBG or HOME funded down payment assistance program is the provision of housing counseling services which assists families to better plan for their finances and, therefore, improve their financial situation through savings and by building equity. In addition, families currently living in poverty are provided information and referral to social and CAPER 16 OMB Control No: 2506 -0117 (exp. 07/31/2015) economic services that may make an impact on their financial situations. Actions taken to develop Institutional structure. 91.220(k); 91.3200) Staff continued to receive training this year. Two staff members attended the HUD Environmental training in the Charleston, WV field office in 2016. Two staff members attended the Virginia Association of Housing Counselors (VAHC) spring training in early 2016. One staff member attended the VAHC fall conference in fall 2015, the National Fair Housing Alliance conference in summer 2016, the National Community Development Association conference in spring 2016, and the Virginia Statewide Neighborhood conference in fall 2015 where the city received an award for the West End Targeted Area Revitalization Project. Staff continues to cross -train so that all staff are knowledgeable of all HUD rules and regulations. Additionally, staff began using the HERDS system to input the environmental reviews which will assist with the compliance to environmental regulations. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.3200) The City of Roanoke meets regularly with social service and public and private housing organizations in conjunction with the Roanoke Regional Housing Network, the Blue Ridge Interagency Council on Homelessness, and the Housing Partnership. In addition, members of these types of organization are on the city's Fair Housing Board which provides training and interaction on fair housing and accessibility issues to more than 400 individuals yearly. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In order to overcome impediments to fair housing choice, the City of Roanoke has an active Fair Housing Board that works to provide education and outreach on the topic of fair housing choice to local residents and housing professionals. More than 400 people attended two trainings offered during the program year, including two specialized classes regarding hoarding as a disability and companion /emotional support animals. CAPER 17 OMa Con Vol No: 2506 -0117 (.p. 07/31/2015) CR -40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out In furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The Community Resources Division maintains a Risk Analysis policy that requires that each activity undertaken with federal funds have a completed risk analysis worksheet. This worksheet determines whether or not there must be on -site monitoring or whether the activity can receive desk monitoring. All CDBG and HOME projects that have liens placed against the property have ownership and occupancy verified annually through a bulk mailing. This ensures that the properties remain the primary residence of the funding recipient. All ESG funded properties are monitored annually to ensure that their facilities pass the necessary inspections and that those individuals residing in those facilities are protected. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. An advertisement was placed in the Roanoke Times newspaper on DATEXXXXX with a 30 day public comment period commencing on DATEXXXXXX and ending on DATEXXXXXX. This comment period and advertisement corresponded with that which is denoted in the city's Citizen Participation Plan. A public hearing was also held by city council in conjunction with the Citizen Participation Plan on DATEXXXXXX. No comments were received during the 30 day public comment period. CAPER 18 OMB Control No: 2506 -0117 (up. 07 /31/2015) CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. There were no changes in the program objectives for Program Year 2015. The City still invests a majority of its funding within targeted areas within the city. This policy increases the likelihood that such targeted areas will become free from blight and blighting influences and become a desirable neighborhood for all socio- economic classes to reside. Does this Jurisdiction have any open Brownfields Economic Development No Initiative (BEDI) grants? [BEDI grantees) Describe accomplishments and program outcomes during the last year. CAPER 19 OMB Contmi No: 25060117 (eap. 0]/31/2015) CR -50 - HOME 91.520(d) Include the results of on -site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. The City does not allocate HOME funds to affordable rental housing, therefore no rental housing units were inspected on site this program year. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) All of the city's HOME funds were allocated to Habitat for Humanity in the Roanoke Valley. As such, there is a built -in pre - existing market for homeownership within the applicants and waiting list for Habitat homes. Habitat has been very successful in reaching out to the refugee and English as a second language (ESL) populations. Habitat is marketed through newscasts, community gatherings, ribbon cutting and other ceremonies, and through word of mouth. Individuals are accepted into the program based on their ability to repay a mortgage and cooperate with the Habitat building process. If the household has credit or other issues barring them from participating, the household is assisted through housing counseling to become self - sufficient in order to obtain the Habitat mortgage. Interpreters are provided when necessary to ensure equal access to housing. Refer to IDIS reports to describe the amount and use of program Income for projects, including the number of projects and owner and tenant characteristics During the program year, the city received $DOLLARSXXX in program income from previous HOME funded activities. All $DOLLARSXXX were drawn during the 2015 program year. The program income was drawn for the following activities: LIST THEM OUT HEREM1111HIIII II IIIIIIIIHI!III III Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) The City of Roanoke continues to operate the HOME program as a recapture program with shared appreciation. The sharing of appreciation allows the city to reinvest that program income back into the affordable housing programs and ensure more households can be assisted. The city also supported the RRHA's submission of an application for the Choice Neighborhood Grant which would have provided for several hundred affordable rental units. This year the city invested Its allocation of HOME funds into the CAPER 20 OMB Control No: 25060117 (.p. 07/31 /2015) Melrose- Orange Targeted Area (MOTA). This area was chosen due to its high concentration of older homes, poverty and minorities. As such, the priority is not only on building new homes, but rehabilitating and reoccupying abandoned, dilapidated, or dilapidating homes. As part of this process, the city has chosen to focus on this area because it does not contain a historic district that may cause costs to rise. This will assist the city to assist many more households than would have been assisted had there been a historic district. CAPER 21 OMB Control No: 2506 -0117 (e p. 01/31/2015) CR -60- ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in a -snaps For Paperwork Reduction Act 1. Recipient Information —All Recipients Complete Basic Grant Information Recipient Name ROANOKE Organizational DUNS Number 006704316 EIN /TIN Number 546001569 Indentify the Field Office RICHMOND Identify CoC)s) in which the recipient or Roanoke City & County /Salem CoC subrecipient(s) will provide ESG assistance Budget Team Leader ESG Contact Name Prefix Mr First Name keith Middle Name 0 Last Name Holland Suffix 0 Title Budget Team Leader ESG Contact Address Street Address 1 215 Church Avenue Street Address 2 Room 305 North City Roanoke State VA ZIP Code 24011 - Phone Number 5408536404 Extension 0 Fax Number 5408536597 Email Address keeith.holland @roanokeva.gov ESG Secondary Contact Prefix Ms First Name Brenda Last Name Thornton Suffix 0 Title Community Resources Program Specialist I Phone Number 5408536879 Extension 0 Email Address crystal.hypes @roanokeva.gov CAPER OMB control No: 2 50 6- 0117 (exp. 07/31/20151 22 2. Reporting Period —All Recipients Complete Program Year Start Date 07/01/2015 Program Year End Date 06/30/2016 3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name: ROANOKE City: Roanoke State: VA Zip Code: 24011, 1517 DUNS Number: 006704316 Is subrecipient a victim services provider: N Subrecipient Organization Type: Unit of Government ESG Subgrant or Contract Award Amount: 0 Subrecipient or Contractor Name: COUNCIL OF COMMUNITY SERVICES City: Roanoke State: VA Zip Code: 24004, 0598 DUNS Number: 926483611 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non - Profit Organization ESG Subgrant or Contract Award Amount: 0 Subrecipient or Contractor Name: Family Promise Emergency Shelter City: Salem State: VA Zip Code: 24153, 3758 DUNS Number: 153503862 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non - Profit Organization ESG Subgrant or Contract Award Amount: 0 CAPER OMB Control No: 25069117 (.p. 07/3112015) 23 CR -65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Adults - - -- Total 0 Children 0 Don't Know /Refused /Other 0 Missing Information 0 Total 0 Table 14- Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re- Housing Activities Number of Persons in Households Total Adults 0 Children 0 Don't Know /Refused /Other 0 Missing Information 0 Total 0 Table 15 - Household Information for Rapid Re- Housing Activities 4c. Complete for Shelter Number of Persons in Households Total Adults 0 Children 0 Don't Know /Refused /Other 0 Missing Information 0 Total 0 Table 16 - shelter Information CAPER OMB Control No: 25060317 (exp. 0)/31/2015) 24 4d. Street Outreach Number of Persons in Households Adults Total 0 Children 0 Don't Know /Refused /Other 0 Missing Information 0 Total 0 Table 17 - Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons In Households Total Adults 0 Children 0 Don't Know /Refused /Other 0 Missing Information 0 Total 0 Table 18- Household Information for Persons Served with ESG S. Gender — Complete for All Activities Table 19- Gender Information CAPER 25 OMB Con Vol No: 25060117 (eV. 07/31/2015( Total Male 0 Female 0 Transgender 0 Don't Know /Refused /Other 0 Missing Information 0 Total 0 Table 19- Gender Information CAPER 25 OMB Con Vol No: 25060117 (eV. 07/31/2015( 6. Age — Complete for All Activities Table 20 -Age Information 7. Special Populations Served — Complete for All Activities Number of Persons in Households Subpopulation Total Under 18 0 18 -24 0 25 and over 0 Don't Know /Refused /Other 0 Missing Information 0 Total 0 Table 20 -Age Information 7. Special Populations Served — Complete for All Activities Number of Persons in Households Subpopulation Total Total Persons Total Persons Total Served- Served -RRH Persons Prevention Served in Emergency Shelters Veterans 0 0 0 0 Victims of Domestic Violence 0 0 0 0 Elderly 0 0 0 0 HIV /AIDS 0 0 2 i 0 Chronically Homeless 0 0 0 0 Persons with Disabilities: Severely Mentally III 0 0 0 0 Chronic Substance Abuse 0 0 0 0 Other Disability 0 0 0 0 Total (Unduplicated if possible) 0 0 0 0 Table 21- Special Population Served CAPER 26 OMB Convol No: 2506 -0112 (e , 07 /31/2015) CR -70 — ESG 91.520(8) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units - Rehabbed 0 0 0 Number of New Units - Conversion Total Number of bed - nights available Total Number of bed - nights provided 0 Capacity Utilization 0.00% Table 22 — Shelter Capacity 11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s) Outcome Statement (Homeless Prevention): By providing financial assistance, at least 60% of all eligible households will remain in permanent housing and achieve sustainability of decent housing and a suitable living environment. Result: Of the number of individuals assisted, all (100 %) were able to remain in their homes. CAPER 27 OMB Control No: 25069117 (e p. 07/31/2015) CR -75 — Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Table 23 - ESG Expenditures for Homelessness Prevention llb. ESG Expenditures for Rapid Re- Housing Dollar Amount of Expenditures in Program Year 2013 2014 2015 Expenditures for Rental Assistance 0 0 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 1 0 1 0 0 Subtotal Homelessness Prevention 0 0 0 Table 23 - ESG Expenditures for Homelessness Prevention llb. ESG Expenditures for Rapid Re- Housing Table 24- ESG Expenditures for Rapid RcHousing 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures In Program Year 2013 2014 2015 Expenditures for Rental Assistance 0 0 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 0 0 Subtotal Rapid Re Housing 1 0 0 0 Table 24- ESG Expenditures for Rapid RcHousing 11c. ESG Expenditures for Emergency Shelter CAPER OMBCOntrol NO: 25060117 (eap. 02 /31/2015) 28 Dollar Amount of Expenditures in Program Year 2013 2014 2015 Essential Services 0 0 0 Operations 0 0 0 Renovation 0 0 0 Major Rehab 0 0 0 Conversion 0 0 0 Subtotal 0 0 0 CAPER OMBCOntrol NO: 25060117 (eap. 02 /31/2015) 28 Table 25 — ESG Expenditures for Emergency Shelter lld.Other Grant Expenditures Table 26 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended Dollar Amount of Expenditures in Program Year HMIS 2013 2014 2015 0 0 0 Administration 0 0 0 Street Outreach 0 0 0 Table 26 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2013 2014 2014 Other Non -ESG HUD Funds 2015 0 0 1 0 0 0 State Government 0 Table 27 -Total ESG Funds Expended 11f. Match Source Table 28 - Other Funds Expended on Eligible ESG Activities llg. Total Total Amount of Funds 2013 2014 2015 Other Non -ESG HUD Funds 0 0 0 Other Federal Funds 0 0 0 State Government 0 0 0 Local Government 0 0 0 Private Funds 0 0 0 Other 0 0 0 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 0 0 0 Table 28 - Other Funds Expended on Eligible ESG Activities llg. Total Total Amount of Funds 2013 2014 2015 Expended( ESG Activities 0 0 0 0 Table 29 -Total Amount of Funds Expended on ESG Activities CAPER OMB control No: 25064)117 (exp. 07/31/20151 29 The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE -DEPT OF PLANNING 215 CHURCH AVE SW ROOM 305 ROANOKE, VA 24011 Account Number 6012846 Oate September 02, 2016 0a1e Category Description Ad Size Total C., 09MM016 Legal Notices NOTICE OF PUBLIC HEARING CITY OF ROANOKE DRAFT: 1 v 91 L 464.96 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 09102/2016 The First insertion being given ... 09/022016 Newspaper reference: �OD00372555 Billing Representative Sworn to and subscribed before me this Friday, September 2, 2016 M I Notary P&bfic / State of Virginia l./ �,,. t` City /County of ioRoanoke� ,,����� Qt ,TAU C/ My Commission expires`O Y /(JA �J +I-F.- ' /lg y7 WOO THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING CITY OF ROANOKE DRAFT 20152016 HUD CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT pursuant to 24 on 91.104 nation is breM given that on Mcmday, Fn 'rasp. oppodumty, arrant ims, any Complete copies of the draft 2D152016 CAPER a e aventold for public Inspection Midurbrp Friday, August 19, 1016, at the only Cled's Office. Room I% Snout Noel 4 Taylor Municipal Building, 215 Church Avenue SW., Noncom VA 24011 the HUD community RE.U. DIvlslon office. prom 305 Non. Noel C Taylor Municipal NulMirg, 215 UArdh avenue, S.W.. Indake VA 34011; City Library Main Branch at 706 S. AffeMon Street All who darre to speak at the public inurinO should conduct the Ciry Clerk's Made at (540) 11532511. Individual AID, budgi g needing, an wnmodatlon sMuld conduct the city Clerk's oNide by 2.00 moon EDT on Monday September 2, 2016. For MM1M, information about the meeting or to comment on or Incalre about the 2015 2DI6 CARER contact the Community Resources Which, at (SI0) .136401. Given under my hand this 2nd day of September, 2016. StepNnle M. Moon Reymotds, City Clerk an555) NOTICE OF PUBLIC HEARING UU"" CITY OF ROANOKE DRAFT 2015 -2016 HUD CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT Pursuant to 24 CFR 91.105, notice is hereby given that on Monday, September 19, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council of Roanoke, Virginia, will meet in the City Council Chamber, 0 Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing on the City's draft 2015 -2016 HUD Consolidated Annual Performance and Evaluation Report (2015 -2016 CAPER). All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the draft 2015 -2016 CAPER within such reasonable time limits as shall be established by City Council. Written comments of interested persons will be received by the City Clerk at any time prior to the hearing. Complete copies of the draft 2015 -2016 CAPER are available for public inspection beginning Friday, August 19, 2016, at the City Clerk's Office, Room 456 South, Noel C. Taylor Municipal Building, 215 Church Avenue S.W., Roanoke VA 24011, the HUD Community Resources Division Office, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke VA 24011; City Library Main Branch at 706 S. Jefferson Street S.W., Roanoke VA 24016; and the Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, NW, Roanoke VA 24017. The draft 2015 -2016 CAPER is also available on the City's website at www.roanokeva.eov. Written comments on the draft 2015 -2016 CAPER will be accepted through Tuesday, September 20, 2016, at 4:00 pm EDT at the HUD Community Resources Division, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke VA 24011, or email to Keith.Holland @romokeva.gov. All who desire to speak at the public hearing should contact the City Clerk's office at (540) 853 -2541. Individuals with a disability needing an accommodation should contact the City Clerk's office by 12:00 noon EDT on Monday September 12, 2016. For further information about the meeting or to comment on or inquire about the 2015 -2016 CAPER, contact the Community Resources Division at (540) 853 -6404. Given under my hand this 2nd day of September, 2016. Stephanie M. Moon Reynolds, City Clerk NOTE TO ROANOKE TIMES: Please publish this notice in the Roanoke Times for one day, Friday, September 2, 2016. This notice may appear in that portion of the newspaper reserved for legal notices and classified advertisements. For questions regarding this notice contact Keith Holland, Department of Planning, Building and Development, 853 -6404. Send publisher's affidavit to: Stephanie M. Moon Reynolds, City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 -1536 Send bill to: Keith Holland Dept. of Planning, Building and Development Community Resources Division Room 305 North, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536 Please publish this notice in the legal section of The Roanoke Times on Thursday, August 18, 2015 Questions regarding this notice may be directed to: Keith Holland, HUD Community Resources Administrator Phone: 540- 853 -6404 Fax: 540- 853 -6597 E -mail: <keith.holland @roanokeva.gov> Bill to: City of Roanoke HUD Community Resources Division Noel C. Taylor Municipal Building, Room 305 North 215 Church Avenue, SW Roanoke, Virginia 24011 NOTICE OF DRAFT 2015 -2016 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE CITY OF ROANOKE, VIRGINIA Beginning Friday, August 19, 2016, the draft Consolidated Annual Performance and Evaluation Report for the City of Roanoke for the 2015 -2016 program year (2015 -2016 CAPER) will be available for a 30 -day public review and comment. The draft 2015 -2016 CAPER is available for inspection in the City Clerk's Office, Room 456 South, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011; HUD Community Resources Division, Noel C. Taylor Municipal Building Room 305 North, 215 Church Avenue S.W., Roanoke, Virginia 24011; the Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W., Roanoke, Virginia 24017; at the Main Branch of the Roanoke City Public Library, 706 S. Jefferson Street„ Roanoke, Virginia 24016; and on the City's website www.roanokeva.aov. Comments must be written form, which may be submitted by postal mail, e-mail or fax, received no later than Tuesday, September 20, 2016, at 4:OOpm, and addressed to Keith Holland, HUD Community Resources Division at the above indicated address; e-mail keith.holland @roanokeva.gov; or by fax (540) 853 -6597. Further details may be obtained by calling (540) 853 -6404 Written and oral comments may also be provided at a public hearing to review the draft 2015 -2016 CAPER that will be held on Monday September 19, 2016 beginning at 7:00 pm, or as soon thereafter as the matter may be reached, in the Council Chamber, 4" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Dated this 18M day of August, 2016. Keith Holland HUD Community Resources Division City of Roanoke, Virginia Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing a copy of Ordinance No. 40652- 091916 authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia, and the County of Roanoke, Virginia, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Official Tax Map Nos. 089.00 -03- 29.01 -0000 and 089.00-03-29.02 - 0000, upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public street for City -Owned property; and authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Step Moon Ree l " City Clerk Enclosure Thomas C. Gates, County Administrator, Roanoke County, Roanoke County Administration Center, P. 0. Box 29800, Roanoke, Virginia 24018 -0798 Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Laura M. Carini, Assistant City Attorney Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist b� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fnx: (540)X53.1145 F I' EPINNIE M. MOON REYNOLDS, MMC E- Etil: derk(alroanokeva.gov ('E('ELIA F. MCCOV City Clerk Deputy City Clerk September 21, 2016 CECELIA T. WEBB, CMC AseiatoA Deputy City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing a copy of Ordinance No. 40652- 091916 authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia, and the County of Roanoke, Virginia, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Official Tax Map Nos. 089.00 -03- 29.01 -0000 and 089.00-03-29.02 - 0000, upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public street for City -Owned property; and authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Step Moon Ree l " City Clerk Enclosure Thomas C. Gates, County Administrator, Roanoke County, Roanoke County Administration Center, P. 0. Box 29800, Roanoke, Virginia 24018 -0798 Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Laura M. Carini, Assistant City Attorney Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist I N I 111; COUNCIL Ot, TIIE ('I'fY OF EOANOKE, VIRGINIA "'he 19111 day of Septenlb er, 2016. No. 40652- 091916. AN ORDINANCE. authorizing the proper Cify officials to execute a Contract for purchase and Sale of Real PI Opal y ("(',,t I acL-) between the City of Roanoke, Vuginia ( "City"), an(It lie County of Roanoke, Virginia ( "Buyer "), to sell to Buyer certain real property located on Jac Valley Road, in Roanoke County, Virginia, designated as Roanoke County Official Tax Map Nos. 08200 -03- 29.01 -0000 and 089.00 -03 -29.02 -0000 ( "Property "), upon certain teens and conditions; the reservation of an access casement by the City across the Property to provide access to a public street for City Owned property; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on September 19, 2016, pursuant to Section 15.2- 1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report dated September 19, 2016, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Official Tax Map Nos. 089.00 -03- 29.01 -0000 and 089.00 -03 -2202 -0000 (`Property ") for the purchase price of $10.00, together with other consideration and perfannance of other obligations by Buyer, for the developing, constructing, operating and maintaining of a public park facility with public access to Back Creek for canoe and kayak uses, subject to certain teens and conditions as set forth in the t}AnIonizing Connect foe Sole between City and County of Ronook, —lee valley Rout (9- 19 -16) Contract, including (1) the limitation on use Of' tile Properly to public park facilities and public park uses and the acknowledgement of the col luburation between Rnunolm County and the ('fly through installation of signage at these facilities, and (ii) the reservation of an emcoss casement by the City across the Property to provide access to it public street for ('ity -Ownel pr)perty, designated as Roanoke County Official Tax Map No. 089.00 -03- 29.00 -0000 ( "Adjacent Property ") tin- access to enter into and egress from Adjacent Properly, upon such terms and conditions as more particularly set forth in the above- mentioned Agenda Report. 2. The City Council fiather finds the sale of the Property will be of economic benefit to the City and its citizens. 3. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract and complete the sale and transfer of the Property to the Buyer. 4. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Buyer pursuant to the Contract. 5. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. TTES 0- Aathonzing Coroaa For Sale between City and County of Roenoke- tae Valley Road (9- 19 -16) quo CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Sale of City -Owned Property Located on Jae Valley Road in Roanoke County, Virginia to the County of Roanoke, Virginia (CM 16- 00128) Background The City of Roanoke owns two parcels of real property located on Jae Valley Road in Roanoke County bearing Official Tax Map Numbers 089.00-03-29.01 - 0000 and 089.00 -03- 29.02 -0000 (Property.) The parcels are currently vacant and not in use. Roanoke County Parks and Recreation has approached the City about acquiring the parcels for the purposes of developing, constructing, operating, and maintaining a public park facility with public access to Back Creek for canoe and kayak uses. Considerations: The proposed Contract for Purchase and Sale of Real Property (Contract) establishes the purchase price as $10.00. As additional consideration, Roanoke County agrees to cooperate with the City to voluntarily adjust the boundaries between the two jurisdictions in order to move certain commercially developed properties located in Roanoke County on Williamson Road and Blue Hills Village Drive into the City limits. The Contract provides that a restrictive covenant will be included in the deed that will restrict use of the Property to public park facilities and public recreational uses. Roanoke County will also include signage within the park facilities acknowledging the collaboration between the City of Roanoke and Roanoke County in the development of the park. Recommended Action: Absent comments at the public hearing to the contrary, adopt the attached ordinance authorizing the City Manager to execute a Contract substantially similar to the one attached to this report, and to execute such other documents including a Special Warranty Deed of Conveyance for the transfer of the Property to Roanoke County in accordance with the terms of the contract, and to take such further actions as may be necessary to implement, administer, and enforce such Contract. All documents are subject to approval as to form by the City Attorney. Aistop Morrill City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Com. Development Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director Economic Development Cassandra L. Turner, Economic Development Specialist DRAFT DATE: 08.18.2016 (final) CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2016, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and County of Roanoke, Virginia, an instrumentality of the Commonwealth of Virginia (Buyer or County). RECITALS: WHEREAS, Seller is the owner of two parcels of real property, together with any buildings and improvements thereon, situated on Jae Valley Road, Roanoke County, Virginia, bearing Official Tax Map Numbers 089.00 -03- 29.01 -0000 and 089.00 -03- 29.02 -0000, and more particularly described in Exhibit A attached hereto and made a part hereof (collectively, the "Property "); WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring the Property for the purposes of developing, constructing, operating and maintaining a public park in accordance with the terms and conditions of this Contract; and WHEREAS, Seller will sell the Property to Buyer subject to the terms, conditions, and restrictions set forth in this Contract. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Adjacent Parcel: Adjacent Parcel shall mean property of Seller situated in Roanoke County, Virginia, bearing Official Tax Map Number 089- 00 -03- 29.00 -0000. Buver's Proposal: Buyer's Proposal refers to the development of a passive public park that will provide access to the public for use of Back Creek for canoes and kayaks, and such other public recreational uses, all as more particularly described on Exhibit B attached hereto and made a part hereof. Closing: The consummation of this Contract by Seller's delivery of a Deed to the Property to Buyer. Closing Date: The date provided for in Section 10 hereof for the Closing. C.I.. ror Jn Va11, Land (Draft Del¢ 08 . 18 2016 final DRAFT DATE: 08.18.2016 (final) Contemplated Use: The development of a passive public park facility with public access to Back Creek for canoe and kayak uses. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, the provisions of Section 10 which shall be recited in the Deed, and as set forth in the Title Commitment. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Project: This term means and includes the construction work to be done by Buyer over the course of 24 months after Closing as well as any related and /or connected work that may be required and /or done on the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract. Reservation of Easement: This term shall mean the right of Seller to reserve an easement for access across the Property for access to enter onto, and egress from the Adjacent Parcel, from time to time, and for any time, for pedestrians by foot, and by persons with vehicles and equipment, for any and all activities conducted or to be conducted on the Adjacent Parcel. The Reservation of Easement shall benefit the Adjacent Parcel and shall burden the Property and shall run with the land. The Reservation of Easement shall be included in the Deed and shall permit the Seller, its successors and assigns to enter onto the Property to construct, operate, maintain, repair and replace roadways, driveways, or other improved access across the Property from existing public streets to the Adjacent Parcel. All such construction, maintenance, operation, repair and replacement shall be at the sole cost of the owner of the Adjacent Parcel. Restriction on Use: This term shall mean the restrictive covenant included in the Deed that will restrict the use of the Property by Buyer, its successors and assigns, to public park facilities and public recreational uses that include public access to Back Creek for canoe and kayak uses. Buyer, its successors and assigns, shall include signage within the public park facilities acknowledging the collaboration between the County of Roanoke, Virginia and the City of Roanoke, Virginia in the development of these public park facilities. Such signage shall be visible to the public from Jae Valley Road. The restriction on Use shall burden the Property and shall run with the land. Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use of Property and Buyer's Proposal. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. Coat.ct fa, Jae Valley land (Draft Date: 08 .18 2016 final) 9 DRAFT DATE: 08.18.2016 (final) SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property (Purchase Price) shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with performance of all other obligations of Buyer as set forth in this Contract. C. As additional consideration for entering into this Contract, Buyer agrees to cooperate with Seller in voluntarily adjusting certain boundaries between the City of Roanoke, Virginia and the County of Roanoke, Virginia, pursuant to Section 15.2 -3106, et. seq., Code of Virginia (1950), as amended, as more particularly described in Exhibit C attached hereto and made part hereof (Boundary Adjustments) and diligently pursue approval of the Boundary Adjustments before the Circuit Court pursuant to Section 15.2- 3108, Code of Virginia (1950), as amended.. SECTION 3. CONDITIONS PRIOR TO CLOSING A. I. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's obligations, representations and warranties in this Contract, and the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 10. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. 3. As a condition precedent to Seller's obligation to sell the Property, Buyer and Seller shall have approved the agreements for the Boundary Adjustments as described in Exhibit C attached hereto and made a part hereof and submitted the petition to the Circuit Court pursuant to Section 15.2 -3108, Code of Virginia (1950), as amended. B. Buyer and /or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period Contract for Jae Valley Land (Daft Dale 08.182016 final) DRAFT DATE: 08.18.2016 (final) through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. E. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and environmental opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 16, shall obtain, at their cost, any and all required permits and /or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. 1. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to the Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and /or has done the following at or prior to Closing: O Buyer will purchase the Property from Seller for the Purchase Price of Ten and no /100 Dollars ($10.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property. (iii) Buyer acknowledges and agrees that title to the Property are subject to all liens, encumbrances, and restrictions of record, together with all Commet f.,he Valley Land( @all Date 08182016 final) DRAFT DATE: 08.18.2016 (final) restrictions set forth in this Contract, including, without limitations, the Reservation of Easement and the Restriction on Use. (iv) Buyer shall enter into agreements with Seller to initiate the process to make the Boundary Adjustments in accordance with applicable laws of the Commonwealth of Virginia. (v) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and /or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the Seller, as the Seller may direct. (vi) Buyer agrees that the conditions and obligations of Buyer under this Contract which are to be performed post - Closing are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. B. Post - Closing, Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to renovate develop, and operate the Property in accordance with Buyer's Proposal and the Restriction on Use and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. 1. Approval of Proiect and Commencement of Construction Activities. (a) Buyer shall, within 12 months after Closing, have completed all construction drawings and specifications for the construction of the Project, obtained all necessary permits and approvals for the construction of the Project, and commenced Construction Activity for the Project. Buyer will develop the Property in accordance with Buyer's Proposal. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder. (b) If Buyer fails to commence Construction Activity within 12 months after Closing, Buyer shall be in default of this Contract and Seller may, at is sole option, acquire the Property in accordance with Section 15 hereof. For the purposes of this subsection "Construction Activity" under this Contract shall mean that Buyer has obtained necessary permits and approval from the County of Roanoke to construct the Project. Cont.a Po, J. V.11, land (Dma Dale_ 08.18 201611na1) DRAFT DATE: 08.18.2016 (final) 2. Substantial Completion of Construction (a) All construction work necessary to complete the Buyer's Contemplated Use of the Property shall be Substantially Completed within 24 months after the Closing Date. (b) In the event that Buyer fails to satisfy its obligations pursuant to Section 4 B. 2(a) hereof, Seller may, at its sole option, demand reconveyance of the Property. In the event that Seller exercises its rights hereunder, Buyer shall reconvey the Property to Seller, free and clear of all liens and encumbrances within 30 Days after Seller makes written demand to Buyer. The rights of Seller hereunder constitute covenants running with the land and shall be prior to all liens created or granted by Buyer or involuntarily attached to, or imposed on, the title to the Property. 3. Reports. Buyer agrees to and shall provide a written report (which may be by email) to the Seller's Assistant City Manager for Community Development advising Seller that Buyer has Substantially Completed construction of the Project in accordance with the terms of this Contract. Such report shall be provided to Seller within thirty (30) Days following Substantial Completion of construction. SECTION 5. COMPLIANCE WITH LAWS Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements in executing the construction of the Improvements. Buyer further agrees that Buyer does not, and shall not, during the construction of the Project, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which consent may be granted or withheld in the absolute discretion of Seller, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to require each contractor and subcontractor that performs work at the Property in connection with the construction of the Project to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of the Co.,.t furJn Valley Land (Daft Dare: 08.182016 final) DRAFT DATE: 08.18.2016 (final) respective contractors, or subcontractors arising out of or connected in any way to the construction of the Project as provided in this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. This provision shall survive Closing. B. Seller further represents and warrants with respect to the Property that I. Title. Seller has title to the Property subject to all restrictions and encumbrances of record. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property, or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type with respect to the Property. 5. Access. Ingress to and egress from the Property is available at Jae Valley Road in Roanoke County, Virginia. SECTION 10. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by a Deed, subject to the following: Contact for Jae Valley land (Draft Date: 08 .IS 2016 final) DRAFT DATE: 08.18.2016 (final) 1. Ad valorem real property taxes and stormwater fees for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 3. Those matters reflected on any survey completed by Buyer and to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller, the Reservation of Easement, and the Restriction on Use, 5. Liens and objections shown on the Title Commitment; 6. Other standard exceptions contained in a Title Policy as defined in Section 10(B) below. 7. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property are vested in Buyer, subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before October 31, 2016, with the specific Closing date being designated by Buyer in writing to Seller at least ten (10) business days in advance thereof (the "Closing Date "). D. The purchase and sale of the Property shall be closed (the "Closing ") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; Contrad for fare Valley land (Draft Date'. 08 18 2016 final) DRAFT DATE: 08.18.2016 (final) b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes and other fees and charges assessed against the Property by Roanoke County shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including, but not limited to, examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 11. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of the Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Contract for Jae Val ley Land (Draft Date, 08.18,2016 final) DRAFT DATE: 08.18.2016 (final) Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 12. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. In the event of a loss due to fire or other casualty prior to completion of the Closing, all insurance proceeds for any such loss shall be payable to the Seller under all circumstances. SECTION 13. COMMISSIONS Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. SECTION 14. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof prior to Closing, Buyer's remedies shall be either (i) an equitable suit to enforce specific performance of such duties or responsibilities; or (ii) termination of this Contract. In the event that Buyer elects to terminate this Contract, Buyer shall provide Seller with written notice of termination and upon termination, neither party shall have any further rights or obligations under this Contract. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by Buyer except as otherwise specifically stated in this Contract. B. In addition to the remedy of repurchasing the Property pursuant to Section 15 of this Contract in the event of nonperformance of Buyer's obligations under Section 4.B.1 of this Contract, if Buyer either (i) fails to comply with any of the terms and conditions, or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period prior to Closing; or (ii) fails to comply with any other terms of this Contract or any other obligations of Buyer under this Contract prior to Closing after written notice of such default is provided by Seller and Buyer fails to cure such default within thirty (30) Days Contract for ]ac Valley land (Drall Dal, 08 18 2016 final) 10 DRAFT DATE: 08.18.2016 (final) following Buyer's receipt of such notice, then, in either event, Seller may terminate this Contract and recover any specific monetary damages directly caused by Buyer's breach. SECTION 15. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY. A. Notwithstanding any provision contained in this Contract or the Deed, if after 12 months from the Closing as provided in Section 4.B.1 of this Contract, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as described in Section 4.B.1, Seller shall have the right to refund to the then record owner(s) of the Property all or any part of the original Purchase Price for the Property paid by Buyer to Seller; whereupon the then record owner(s) of the Property shall forthwith convey the Property to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owners) of the Property for any reason fails or refuses to convey title back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property or the part thereof designated by Seller conveyed to the Seller. B. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 15.A is superior to the mortgage or deed of trust and the holder of such mortgage or deed of trust shall discharge the mortgage or deed of trust in the event Seller exercises its right to repurchase the Property pursuant to Section 15.A. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 15. SECTION 16. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have 30 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. Buyer shall comply with the insurance requirements set forth in the Contract, including the items set forth below: I. Neither Buyer nor any subcontractor shall enter the Property to conduct any inspections under this Section 16 until Buyer's contractors and subcontractors Contract for Jae Valley [.and (Draft Dam_ 08 .18 2016 final) DRAFT DATE: 08.18.2016 (final) have obtained and provided proof of the required insurance coverages to Seller, and such proof has been approved by Seller. Buyer confirms to Seller that all contractors and subcontractors have provided Buyer with proof of such insurance, or will do so prior to commencing any work under this Section 16. Seller acknowledges that Buyer is self - insured. Buyer shall require its contractors and subcontractors to obtain and maintain during the Inspection Period, at their sole cost and expense, the insurance policies and /or coverages required by this section. Seller and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and /or self- insurance such additional insureds may have. Buyer shall require each contractor and subcontractor to immediately notify in writing Seller of any changes, modifications, and /or termination of any insurance coverages and/or policies required by this Contract. Buyer shall provide to Seller with the signed Contract an Acord certificate of insurance for each contractor and subcontractor which states in the description of operations section one of the two paragraphs below: (a) Seller and its officers, employees, agents, assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. (If additional insured status is automatic under a different coverage form, Buyer must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer and any subcontractor under this Contract OR (b) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Buyer under this Contract, to Seller and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. (A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer's contractors and subcontractors under this Section). However, if 2 (a) or (b) cannot be provided, Seller's Risk Manager, in such Manager's sole discretion, may approve such other certificate of insurance or insurance document(s) that the Risk Manager deems acceptable. Seller shall also be named as the Certificate Holder. 3. The minimum insurance policies and /or coverages that shall be provided by Buyer's contractors and subcontractors include the following: Co.t mt for Jan Valley l M (Draft Date: 08 18.2016 final) 12 DRAFT DATE: 08.18.2016 (final) (a) Commercial General Liability: $2,000,000.00 $2,000,000.00 General Aggregate Limit (other than Products /Completed Operations). $2,000,000.00 Products /Completed Operations Aggregate Limit. $2,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $2,000,000.00 each occurrence limit (b) Automobile Liability: $1,000,000.00 combined single limit (c) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. (d) The required limits of insurance for this Contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (e) Such insurance policies and/or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and /or other matters to be provided under this Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Buyer's and its subcontractors' insurance company shall waive rights of subrogation against Seller and its officers, employees, agents, assigns, and volunteers. 4. Proof of Insurance Coverage: (a) Buyer shall furnish Seller with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (b) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Contreet for he Valley land (Draft Dale_ 08.18.2016 final) 13 DRAFT DATE: 08.18.2016 (final) 5. Insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Section shall be authorized to do business in the Commonwealth of Virginia. 6. The continued maintenance of the insurance policies and coverages required by this Section is a continuing obligation, and the lapse and /or termination of any such policies or coverages without approved replacement policies and/or coverages being obtained shall be grounds for termination of Buyer for default. 7. Nothing contained in the insurance requirements is to be construed as limiting the liability of Buyer, and /or its contractors or subcontractors, or their insurance carriers. Seller does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect Buyer's interest or liabilities, but are merely minimums. The obligation of Buyer's contractors and subcontractors, to purchase insurance shall not in any way limit the obligations of Buyer in the event that Seller or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for Seller to seek any recovery against Buyer's insurance company before seeking recovery directly from Buyer. SECTION 17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, Virginia ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540- 853 -2333 If to Buyer: County of Roanoke, Virginia ATTN: County Administrator County Administrative Building 5204 Bernard Drive Roanoke, Virginia 24018 Fax No. Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. Conan nt for Jae Valley lend (Draft Date: 08 18 2016 final) 14 DRAFT DATE: 08.18.2016 (final) SECTION 18. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 19. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. SECTION 20. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 21. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 22. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT TO BE PERFORMED BY THE PARTIES POST - CLOSING SHALL SURVIVE CLOSING. SECTION 23. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 24. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 25. NONWAIVER Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract Contract for Jae Valley Isnd (Draft Date. 08.181016 final) 15 DRAFT DATE: 08.18.2016 (final) by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 26. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343.1, be advised that Seller does not discriminate against faith -based organizations. SECTION 27. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, Buyer agrees that, unless Buyer is otherwise expressly authorized by law in connection with the performance of an agreement with a governmental entity the Commonwealth of Virginia, it will perform its obligations under this Contract as follows:: (a) Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Parcel 1 B and IA. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Buyer, in all solicitations or advertisements for employees placed by or on behalf of Buyer, will state that Buyer is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) Buyer will include the provisions of the foregoing subsections in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each Buyer or vendor. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer - supplied documents and /or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. Contract for Jae valley 1-and (Draft Date, 06.182016 final) 16 DRAFT DATE: 08.18.2016 (final) SECTION 29. FORCE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, Buyers, subcontractors, and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than six (6) months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of six (6) months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within thirty (30) Days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of six (6) months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and /or being excusable delay. SECTION 30. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURES APPEAR ON FOLLOWING PAGES Contract for ]ae Valley Land (Draft Date'. 08.182016 final) 17 DRAFT DATE: 08.18.2016 (final) IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By: Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2016, by Christopher P. Morrill, City Manager for Seller of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: COUNTY OF ROANOKE, VIRGINIA By: Thomas C. Gates, County Administrator COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2016, by Thomas C. Gates, the County Administrator of County of Roanoke, Virginia, an instrumentality of the Commonwealth of Virginia, for and on behalf of said instrumentality. My commission expires: Notary Public SEAL Contract for ]ae Valley Land (Draft Date. 08.182016 final) 18 DRAFT DATE: 08.18.2016 (final) Approved as to Form: Roanoke City Attorney Approved as to Execution: Roanoke City Attorney Authorized by Roanoke City Council Ordinance Approved as to Form: Approved as to Execution: Roanoke County Attorney Roanoke County Attorney Authorized by Roanoke County Board of Supervisors Ordinance Exhibit A Property Description Exhibit B Buyer's Proposal Exhibit C Boundary Adjustment Agreements Contract for In Valley land (Draft Date: 08.18,2016 urep 19 DRAFT DATE: 08.18.2016 (final) EXHIBIT A DESCRIPTION OF PROPERTY Property identified as Tax Parcel ID 089.00 -03- 29.01 -0000; containing approximately 0.434 acres ( + / -); located at 3959 Jae Valley Road, Roanoke, Virginia. And property identified as Tax Parcel ID 089.00 -03- 29.02 -0000; containing approximately 9.44 acres ( + / -); located at 3963 Jae Valley Road, Roanoke, Virginia. Contract fur Jae Valley lend (Draft Date: 08.182016 final) 20 The Roanoke Times Roanoke, Virginia Affidavit of Publication COUNTY OF ROANOKE Attu THOMAS C. GATES, COUNTY ADMINISTRATOR 5204 BERNARD DRIVE COUNTY AOMINSTRATIVE BUILDING ROANOKE, VA 24018 Account Number 6057577 Date September 02, 2016 Dale Category Dasumptlon Ad Size Total Cost NM812016 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1x80L 434.80 Publisher of the Roanoke Times I, )the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 09/02/2016 The First insertion being given ... 09/0212016 Newspaper reference: 0000384281 I \ —n ,• V Billing Representative Sworn to and subscribed before me this Friday, September 2, 2016 1 otary P4bli State of Virginia ` P ,........ n City /County of Roanoke �] �r �A��•' N'OTAq''��2�'� My Commission expires ✓ / Fu+LIC y C 92296'9 t 1 W _V; IKY'O!'S510n1 : 1' THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK NOTICE OF PUBLIC HEARING A copy of Ne proposed Cantina and Oidi.o MI be ayollobi of Ne ❑y [IM's C fllmq Rmn 6S. Nal G Tayfo r MuNCipal BmY �gj.215 Chump Avenue. S.W., Roanole, Wroiaia, 21011. on and allb FAclay, 5eyntember 2, 2012 F. Rldher IntormalfoI on the mailer, you may co = Ne 0ol. of the City MOO, it(514N52MI. NI padw and mini sw.110. may appear on the above date aM INW to be heard on Ne above moiler. If you are a person WIN a disablllty Wbo needs atrommodotl., for 04 headno, pleau omad one CRY CIMfs 0" at (90) W-2541. before 12:00 nwn on TlursdaY, Seplwn0er 15.3016. Given under myf o n! this 2nd day of seplembet M26 Steplurtie ld. Moon ReyroWS. City Geri (&291) NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.13 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on September 19, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4's Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke, Virginia (City) and the County of Roanoke, Virginia (Buyer), wherein the City proposes to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, designated as Official Tax Map Nos. 089.00 -03- 29.01 -0000 and 089.00 -03- 29.02 -0000 (Property), for the developing, constructing, operating and maintaining of a public park facility with public access to Back Creek for canoe and kayak uses, subject to certain terms and conditions as set forth in the Contract, including (i) the limitation on use of the Property to public park facilities and public park uses and the acknowledgement of the collaboration between Roanoke County and the City through installation of signage at these facilities, and (ii) the reservation of an access easement by the City across the Property to provide access to a public street to City -Owned property, designated as Official Tax Map No. 089.00 -03- 29.00 -0000 (Adjacent Property) for access to enter into and egress from Adjacent Property. A copy of the proposed Contract and Ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Friday, September 2, 2016. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, September 15, 2016. Given under my hand this 2nd day of September, 2016. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Friday, September 2, 2016 Please send bill to: County of Roanoke ATTN: Thomas C. Gates, County Administrator County Administrative Building 5204 Bernard Drive Roanoke, Virginia 24018 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 41h Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 DRAFT DATE: 08.18.2016 (final) CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated 2016, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and County of Roanoke, Virginia, an instrumentality of the Commonwealth of Virginia (Buyer or County). RECITALS: WHEREAS, Seller is the owner of two parcels of real property, together with any buildings and improvements thereon, situated on Jae Valley Road, Roanoke County, Virginia, bearing Official Tax Map Numbers 089.00 -03 -29.01 -0000 and 089.00 -03- 29.02 -0000, and more particularly described in Exhibit A attached hereto and made a part hereof (collectively, the "Property"); WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring the Property for the purposes of developing, constructing, operating and maintaining a public park in accordance with the terms and conditions of this Contract and WHEREAS, Seller will sell the Property to Buyer subject to the terms, conditions, and restrictions set forth in this Contract. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Adjacent Parcel: Adjacent Parcel shall mean property of Seller situated in Roanoke County, Virginia, bearing Official Tax Map Number 089- 00 -03- 29.00 -0000. Buyer's Proposal: Buyer's Proposal refers to the development of a passive public park that will provide access to the public for use of Back Creek for canoes and kayaks, and such other public recreational uses, all as more particularly described on Exhibit B attached hereto and made a part hereof. Closing: The consummation of this Contract by Seller's delivery of a Decd to the Property to Buyer. Closing Date: The date provided for in Section 10 hereof for the Closing. ((an [met for Ine vane) rand (Draft Date 08 19 1 1)1 6 snap DRAFT DATE: 08.18.2016 (final) Contemplated Use: The development of a passive public park facility with public access to Back Creek for canoe and kayak uses. DAVE: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, the provisions of Section 10 which shall be recited in the Deed, and as set forth in the Tide Commitment. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Project: This term means and includes the construction work to be done by Buyer over the course of 24 months after Closing as well as any related and /or connected work that may be required and /or done on the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract. Reservation of Easement: This term shall mean the right of Seller to reserve an easement for access across the Property for access to enter onto, and egress from the Adjacent Parcel, from time to time, and for any time, for pedestrians by foot, and by persons with vehicles and equipment, for any and all activities conducted or to be conducted on the Adjacent Parcel. The Reservation of Easement shall benefit the Adjacent Parcel and shall burden the Property and shall run with the land. The Reservation of Easement shall be included in the Deed and shall permit the Seller, its successors and assigns to enter onto the Property to construct, operate, maintain, repair and replace roadways, driveways, or other improved access across the Property from existing public streets to the Adjacent Parcel. All such construction, maintenance, operation, repair and replacement shall be at the sole cost of the owner of the Adjacent Parcel. Restriction on Use: This tern shall mean the restrictive covenant included in the Deed that will restrict the use of the Property by Buyer, its successors and assigns, to public park facilities and public recreational uses that include public access to Back Creek for canoe and kayak uses. Buyer, its successors and assigns, shall include signage within the public park facilities acknowledging the collaboration between the County of Roanoke, Virginia and the City of Roanoke, Virginia in the development of these public park facilities. Such signage shall be visible to the public from Jae Valley Road. The restriction on Use shall burden the Property and shall run with the land. Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use of Property and Buyer's Proposal. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. (bmracl for lee Valley Land (Draft Date 08.181016 final O DRAFT DATE: 08.18.21116 (final) SECTION 2. PURCHASE AND SALE OF PROPERTY A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property (Purchase Price) shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with performance of all other obligations of Buyer as set forth in this Contract. C. As additional consideration for entering into this Contract, Buyer agrees to cooperate with Seller in voluntarily adjusting certain boundaries between the City of Roanoke, Virginia and the County of Roanoke, Virginia, pursuant to Section 15.2 -3106, et. seq., Code of Virginia (1950), as amended, as more particularly described in Exhibit C attached hereto and made part hereof (Boundary Adjustments) and diligently pursue approval of the Boundary Adjustments before the Circuit Court pursuant to Section 152- 3108, Code of Virginia (1950), as amended.. SECTION 3. CONDITIONS PRIOR TO CLOSING A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's obligations, representations and warranties in this Contract, and the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 10. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. 3. As a condition precedent to Seller's obligation to sell the Property, Buyer and Seller shall have approved the agreements for the Boundary Adjustments as described in Exhibit C attached hereto and made a part hereof and submitted the petition to the Circuit Court pursuant to Section 15.2 -3108, Code of Virginia (1950), as amended. B. Buyer and /or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period Conroe, for Jac Valley lantl (Draft Dwc-. 08.18.2016 finaI) DRAFT DATE: O8.18.2016 (final) through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. E. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and environmental opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also mm over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 16, shall obtain, at their cost, any and all required permits and /or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. I. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to the Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at or prior to Closing: (1) Buyer will purchase the Property from Seller for the Purchase Price of Ten and no /100 Dollars ($10.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property. (iii) Buyer acknowledges and agrees that title to the Property are subject to all liens, encumbrances, and restrictions of record, together with all Cneenart for Jac Valley Land (Draft Date OP.I5?oI6final) DRAFT DATE: 08.18.2016 (final) restrictions set forth in this Contract, including, without limitations, the Reservation of Easement and the Restriction on Use. (iv) Buyer shall enter into agreements with Seller to initiate the process to make the Boundary Adjustments in accordance with applicable laws of the Commonwealth of Virginia. (v) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and /or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the Seller, as the Seller may direct. (vi) Buyer agrees that the conditions and obligations of Buyer under this Contract which are to be performed post - Closing are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. B. Post - Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to renovate develop, and operate the Property in accordance with Buyer's Proposal and the Restriction on Use and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. 1. Approval of Project and Commencement of Construction Activities. (a) Buyer shall, within 12 months after Closing, have completed all construction drawings and specifications for the construction of the Project, obtained all necessary permits and approvals for the construction of the Project, and commenced Construction Activity for the Project. Buyer will develop the Property in accordance with Buyer's Proposal. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder. (b) If Buyer fails to commence Construction Activity within 12 months after Closing, Buyer shall be in default of this Contract and Seller may, at is sole option, acquire the Property in accordance with Section 15 hereof. For the purposes of this subsection "Construction Activity" under this Contract shall mean that Buyer has obtained necessary permits and approval from the County of Roanoke to construct the Project. Comma ror Jac VaIIcy land (Daft Date _O9182016 final) DRAFT DATE: 08.18.2016 (final) 2 Substantial Completion of Construction (a) All construction work necessary to complete the Buyer's Contemplated Use of the Property shall be Substantially Completed within 24 months after the Closing Date. (b) In the event that Buyer fails to satisfy its obligations pursuant to Section 4 B. 2(a) hereof, Seller may, at its sole option, demand reconveyance of the Property. In the event that Seller exercises its rights hereunder, Buyer shall reconvey the Property to Seller, free and clear of all liens and encumbrances within 30 Days after Seller makes written demand to Buyer. The rights of Seller hereunder constitute covenants running with the land and shall be prior to all liens created or granted by Buyer or involuntarily attached to, or imposed on, the title to the Property. 3. Reports. Buyer agrees to and shall provide a written report (which may be by email) to the Seller's Assistant City Manager for Community Development advising Seller that Buyer has Substantially Completed construction of the Project in accordance with the terms of this Contract. Such report shall be provided to Seller within thirty (30) Days following Substantial Completion of construction. SECTION 5. COMPLIANCE WITH LAWS Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements in executing the construction of the Improvements. Buyer further agrees that Buyer does not, and shall not, during the construction of the Project, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which consent may be granted or withheld in the absolute discretion of Seller, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to require each contractor and subcontractor that performs work at the Property in connection with the construction of the Project to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of the Commn r., lac VA- Laad (D,na Dn,c 08 182011 finxp DRAFT DATE: 08.18.2016 (final) respective contractors, or subcontractors arising out of or connected in any way to the construction of the Project as provided in this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to thejurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. This provision shall survive Closing. B. Seller further represents and warrants with respect to the Property that: I. Title. Seller has title to the Property subject to all restrictions and encumbrances of record. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property, or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type with respect to the Property. 5. Access. Ingress to and egress from the Property is available at Jae Valley Road in Roanoke County, Virginia. SECTION 10. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by a Deed, subject to the following: Coutmci 1aaue Vnllp- Lond (Deull Dw, . 08 18 2016 11-1) DRAFT DATE: 08.18.2016 (final) 1. Ad valorem real property taxes and stormwater fees for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 3. Those matters reflected on any survey completed by Buyer and to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller, the Reservation of Easement, and the Restriction on Use; 5. Liens and objections shown on the Title Commitment; 6. Other standard exceptions contained in a Title Policy as defined in Section 10(B) below. 7. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property are vested in Buyer, subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before October 31, 2016, with the specific Closing date being designated by Buyer in writing to Seller at least ten (10) business days in advance thereof (the "Closing Date "). D. The purchase and sale of the Property shall be closed (the "Closing ") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; Can [met for Iae Valley land (Draft Date 0X.192016 Onap DRAFT DATE: 08.18.2016 (final) b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full: C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the persons) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract E. At Closing, real property taxes and other fees and charges assessed against the Property by Roanoke County shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including, but not limited to, examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 11. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of the Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Comma for Jae Valley Lend (Droll Dwc: 08.181016 final) DRAFT DATE: 08.18.2016 (final) Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 12. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. In the event of a loss due to fire or other casualty prior to completion of the Closing, all insurance proceeds for any such loss shall be payable to the Seller under all circumstances. SECTION 13. COMMISSIONS Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. SECTION 14. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof prior to Closing, Buyer's remedies shall be either (i) an equitable suit to enforce specific performance of such duties or responsibilities; or (ii) termination of this Contract. In the event that Buyer elects to terminate this Contract, Buyer shall provide Seller with written notice of termination and upon termination, neither party shall have any further rights or obligations under this Contract. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by Buyer except as otherwise specifically stated in this Contract. B. In addition to the remedy of repurchasing the Property pursuant to Section 15 of this Contract in the event of nonperformance of Buyer's obligations under Section 4.13.1 of this Contract, if Buyer either (i) fails to comply with any of the terms and conditions, or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period prior to Closing; or (it) fails to comply with any other terms of this Contract or any other obligations of Buyer under this Contract prior to Closing after written notice of such default is provided by Seller and Buyer fails to cure such default within thirty (30) Days Comracl for Jan valley Iand (Draft Dais 08 .18 _016 Gnn1) 1 DRAFT DATE: 08.18.2016 (final) following Buyer's receipt of such notice, then, in either event, Seller may terminate this Contract and recover any specific monetary damages directly caused by Buyer's breach. SECTION 15. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY. A. Notwithstanding any provision contained in this Contract or the Deed, if after 12 months from the Closing as provided in Section 4.B.1 of this Contract, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as described in Section 4.B.1, Seller shall have the right to refund to the then record owner(s) of the Property all or any part of the original Purchase Price for the Property paid by Buyer to Seller; whereupon the then record owner(s) of the Property shall forthwith convey the Property to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owners) of the Property for any reason fails or refuses to convey title back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property or the part thereof designated by Seller conveyed to the Seller. B. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 15.A is superior to the mortgage or deed of trust and the holder of such mortgage or deed of trust shall discharge the mortgage or deed of trust in the event Seller exercises its right to repurchase the Property pursuant to Section 15.A. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 15. SECTION 16. RIGHT OF ENTRY AND INSPECTION PERIOD A. Buyer shall have 30 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics - thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. Buyer shall comply with the insurance requirements set forth in the Contract, including the items set forth below: 1. Neither Buyer nor any subcontractor shall enter the Property to conduct any inspections under this Section 16 until Buyer's contractors and subcontractors ('onvad NrJ- Velley land (Umft late 0 N.18?016 r,O) DRAFT DATE: 08.18.2016 (final) have obtained and provided proof of the required insurance coverages to Seller, and such proof has been approved by Seller. Buyer confirms to Seller that all contractors and subcontractors have provided Buyer with proof of such insurance, or will do so prior to commencing any work under this Section 16. Seller acknowledges that Buyer is self - insured. Buyer shall require its contractors and subcontractors to obtain and maintain during the Inspection Period, at their sole cost and expense, the insurance policies and/or coverages required by this section. Seller and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and/or self- insurance such additional insureds may have. Buyer shall require each contractor and subcontractor to immediately notify in writing Seller of any changes, modifications, and /or termination of any insurance coverages and/or policies required by this Contract. Buyer shall provide to Seller with the signed Contract an Acord certificate of insurance for each contractor and subcontractor which states in the description of operations section one of the two paragraphs below: (a) Seller and its officers, employees, agents, assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. (If additional insured status is automatic under a different coverage form, Buyer must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer and any subcontractor under this Contract OR (b) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Buyer under this Contract, to Seller and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. (A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer's contractors- and subcontractors under this Section). However, if 2 (a) or (b) cannot be provided, Seller's Risk Manager, in such Manager's sole discretion, may approve such other certificate of insurance or insurance document(s) that the Risk Manager deems acceptable. Seller shall also be named as the Certificate Holder. The minimum insurance policies and/or coverages that shall be provided by Buyer's contractors and subcontractors include the following: comma for Jae vaI - land Ni aft Dates 09 .IS 1016 finap 12 DRAFT DATE: 08.18.2016 (final) (a) Commercial General Liability: $2,000,000.00 $2,000,000.00 General Aggregate Limit (other than Products /Completed Operations). $2,000,000.00 Products /Completed Operations Aggregate Limit. $2,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $2,000,000.00 each occurrence limit (b) Automobile Liability: $1,000,000.00 combined single limit (c) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. (d) The required limits of insurance for this Contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (e) Such insurance policies and /or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and /or other matters to be provided under this Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Buyer's and its subcontractors' insurance company shall waive rights of subrogation against Seller and its officers, employees, agents, assigns, and volunteers. 4. Proof of Insurance Coverage: (a) Buyer shall furnish Seller with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (b) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. C-1-1 F J- V.11, L-d IDma Dwc 08 IS 2016 I1-1) 13 DRAFT DATE: 08.18.2016 (final) Insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Section shall be authorized to do business in the Commonwealth of Virginia. The continued maintenance of the insurance policies and coverages required by this Section is a continuing obligation, and the lapse and/or termination of any such policies or coverages without approved replacement policies and /or coverages being obtained shall be grounds for termination of Buyer for default. Nothing contained in the insurance requirements is to be construed as limiting the liability of Buyer, and /or its contractors or subcontractors, or their insurance carriers. Seller does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect Buyer's interest or liabilities, but are merely minimums. The obligation of Buyer's contractors and subcontractors, to purchase insurance shall not in any way limit the obligations of Buyer in the event that Seller or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for Seller to seek any recovery against Buyer's insurance company before seeking recovery directly from Buyer. SECTION 17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, Virginia ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 IftoBuyer: County of Roanoke, Virginia ATTN: County Administrator County Administrative Building 5204 Bernard Drive Roanoke, Virginia 24018 Fax No. Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. ( nmrsa forJae Vallev Land ota t Date 08 IS 20 16 final) 14 DRAFT DATE: 08.18.2016 (final) SECTION 18. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 19. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. SECTION 20. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 21. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rate of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 22. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT TO BE PERFORMED BY THE PARTIES POST - CLOSING SHALL SURVIVE CLOSING. SECTION 23. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and Purpose of this Contract. SECTION 24. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 25. NONWAIVER Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract emnma for Jae valley "ad (Dian Date 08 18 2016 final) 15 DRAFT DATE: 08.18.2016 (final) by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non- defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non- defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 26. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343.1, be advised that Seller does not discriminate aeainst faith -based organizations. SECTION 27. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, Buyer agrees that, unless Buyer is otherwise expressly authorized by law in connection with the performance of an agreement with a governmental entity the Commonwealth of Virginia, it will perform its obligations under this Contract as follows:: (a) Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Parcel 1 B and IA. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Buyer, in all solicitations or advertisements for employees placed by or on behalf of Buyer, will state that Buyer is an equal opportunity employer. (e) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) Buyer will include the provisions of the foregoing subsections in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each Buyer or vendor. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract However, if any of Buyer - supplied documents and /or the Plans are in conflict with the terms of this Contract, the parties agree that the terns of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. comma for vatmy rod (Draft Duar 08 _18 20 16 final) 16 DRAFT DATE: 08.18.2016 (final) SECTION 29. FORCE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, Buyers, subcontractors, and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than six (6) months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of six (6) months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within thirty (30) Days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of six (6) months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of perfomance or claims of any type shall be claimed as being subject to force majeure and /or being excusable delay. SECTION 30. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURES APPEAR ON FOLLOWING PAGES comma tome vale, wad to,an Dane 09 . IS 1016 final) 17 DRAFT DATE: 08.18.2016 (final) IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2016, by Christopher P. Morrill, City Manager for Seller of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: COUNTY OF ROANOKE, VIRGINIA Thomas C. Gates, County Administrator COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit The foregoing instrument was acknowledged before me this _day of , 2016, by Thomas C. Gates, the County Administrator of County of Roanoke, Virginia, an instrumentality of the Commonwealth of Virginia, for and on behalf of said instrumentality. My commission expires: Notary Public WWAI Conu'aa for ]ae Valley land (Drait Do. 08 18 N16 ona1) 18 DRAFT DATE: 08.18.2016 (final) Approved as to Form: Approved as to Execution: Roanoke City Attorney Roanoke City Attorney Authorized by Roanoke City Council Ordinance Approved as to Form: Approved as to Execution: Roanoke County Attorney Roanoke County Attorney Authorized by Roanoke County Board of Supervisors Ordinance Exhibit A Property Description Exhibit B Buyer's Proposal Exhibit C Boundary Adjustment Agreements C naract for Iae Valley land (Draft Date_ 08 .18 2010 f raI) 19 DRAFT DATE: 08.18.2016 (final) I9d1111:3110 DESCRIPTION OF PROPERTY Property identified as Tax Parcel ID 089.00 -03 -29.01 -0000; containing approximately 0.434 acres ( + / -); located at 3959 Jae Valley Road, Roanoke, Virginia . And property identified as Tax Parcel ID 089.00 -03- 29.02 -0000; containing approximately 9.44 acres ( + / -); located at 3963 Jae Valley Road, Roanoke, Virginia. C.00ll for lac Valley loud (D.0 Dam- 08 .18 2016 final) 20 DRAFT DATE: 08.18.2016 (final) EXHIBIT B BUYER'S PROPOSAL ( ontract fai lae vall, "m (Dra0 Dat.- 08.18.,0160-1) 21 DRAFT DATE: 08.18.2016 (final) ICl40111311tr BOUNDARY LINE ADJUSTMENT AGREEMENTS conk —t for lee Valley Iand (Draft Dar, 09 18 1016 fine 1) 22 AGREEMENT This Agreement made and entered into this day of 2016, by and between the COUNTY OF ROANOKE, VIRGINIA ( "County ") and the CITY OF ROANOKE, VIRGINIA ( "City"). WHEREAS, both of the respective governing bodies desire to relocate and change portions of the boundary lines between Roanoke County and the City of Roanoke; and WHEREAS, the City Council of the City of Roanoke held a public hearing on this matter on September 19, 2016, and the Board of Supervisors of Roanoke County held a public hearing on this matter on September 13, 2016, upon publication of notice as required by law, and upon notice to affected property owners; and WHEREAS, the governing bodies desire to petition the Court for approval pursuant to the provisions of Article 2, Chapter 31, Title 15.2, Code of Virginia, as amended. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree as follows: L That the proposed boundary line adjustments are shown on a plat entitled "Plat From Records for Roanoke County, Virginia and the City of Roanoke, Virginia: Lot 1 (0.7185 Acre), Common Area (0.4904 Acre), and Public Right of Way (0.4070 Acre) Plat Showing a Resubdivision of Parcel 1C- 211.0679 Acres (instrument No. 200713164 Rke Cc) Showing 1.6159 Acres Being Transferred from Roanoke County Corporate Limits to the City of Roanoke Corporate Limits," dated August 4, 2016, and reviewed and sealed by Frank B. Caldwell, 1I1, Land Surveyor with Caldwell White Associates, on August 16, 2016 ('Blue Hills Village Drive Plat "), which Blue Hills Village Drive Plat is attached hereto as Exhibit A. 1 2. That the corporate boundaries between the Roanoke County and the City of Roanoke be adjusted effective January 1, 2017, subject to approval by the Roanoke County Circuit Court, as follows: (A) A parcel of real estate owned by the National Bank of Blacksburg and containing 0.7185 acre, being located between Challenger Avenue and Blue Hills Village Drive (Tax Map #050.05 -01- 26.00) and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (B) A parcel of real estate owned by the National Bank of Blacksburg and containing 0.4904 acre, being located between Challenger Avenue and Blue Hills Village Drive (Tax Map #050.05 -01- 26.01) and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (C) A public right -of -way containing 0.4070 acre, that is located between the two above - mentioned parcels and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke 3. That the County and City desire to petition the Circuit Court of the County of Roanoke to approve the relocation of the boundary line and the County and the City mutually agree that the cost for preparation of the plat and the publication of the notice be shared equally between the two jurisdictions. The County will initially pay all expenses and the City will subsequently reimburse the County for one -half of such expenses. WITNESS the following signatures and seals: 2 FOR THE COUNTY OF ROANOKE: Approved as to Form: Peter S. Lubeck Senior Assistant County Attorney FOR THE CITY OF ROANOKE: Approved as to Form: Daniel I. Callaghan City Attorney BOARD OF SUPERVISORS COUNTY OF ROANOKE, VIRGINIA Rv' Thomas C. Gates County Administrator CITY COUNCIL CITY OF ROANOKE, VIRGINIA By: Sherman P. Lea, Sr. Mayor EXHIBIT A BLUE HILLS VILLAGE DRIVE PLAT � of ais k�yi ��uk5�k\ 3• n, \J c }J9 \� ? sgdj a P 3a:a° C� tid = @rsra pe a "fie � U 4 �gxt 3g� dT`pi 'i . Cis 4 yq 3�1e sL ¢o Upps as0 v�k RN pf K .P8 Ay i�i U :N E Cali _- �i?} .. M •now d' L ` tj yea aiA ��r Y��'�� W � ��} �3� ' � � � � j�� ��•n 3Y'��a� egme q Lyrp v�t3 �,[[a g4B Ilk $3 IP EY PI AT. y9 aE �pgp9q� �[ ii Bd "� 3 Jaa ��a ,k €appR �c�aeecc ES � g$ .S k3G p;,Yx9 k Exhibit A Blue Hills Village Drive Plat I:CeTtill S,IQ09 This Agreement made and entered into this day of 2016, by and between the COUNTY OF ROANOKE, VIRGINIA ( "County ") and the CITY OF ROANOKE, VIRGINIA ( "City "). WHEREAS, both of the respective governing bodies desire to relocate and change portions of the boundary lines between Roanoke County and the City of Roanoke; and WHEREAS, the City Council of the City of Roanoke held a public hearing on this matter on September 19, 2016, and the Board of Supervisors of Roanoke County held a public hearing on this matter on September 13, 2016, upon publication of notice as required by law, and upon notice to affected property owners; and WHEREAS, the governing bodies desire to petition the Court for approval pursuant to the provisions of Article 2, Chapter 31, Title 15.2, Code of Virginia, as amended. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree as follows: 1. That the proposed boundary line adjustments are shown on a plat entitled "Plat From Records for Roanoke County, Virginia and the City of Roanoke, Virginia Showing 1.0736 acres (46,766 Sq. Ft.) and 0.0225 acre (979 Sq. Ft.) Being Transferred from Roanoke County Corporate Limits to the City of Roanoke Corporate Limits," dated August 4, 2016, and reviewed and sealed by Frank B. Caldwell, 111, Land Surveyor with Caldwell White Associates, on August 16, 2016, ("Williamson Road Plat"), which Williamson Road Plat is attached hereto as Exhibit A. 2. That the corporate boundaries between the Roanoke County and the City of Roanoke be adjusted effective January 1, 2017, subject to approval of the Roanoke County 1 Circuit Court, as follows: (A) A parcel of real estate owned by CFS -4111, LLC, and containing 1.0736 acres being along Williamson Road, U.S. Route 11 and 220 (being a part of Tax Map #38.14 O1- 77.00), and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (B) A parcel of real estate owned by Williamson Road Plaza, LLC, and containing 0.0225 acre being along Williamson Road, U.S. Route 11 and 220 (being part of Tax Map #38.1401- 76.00), and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. That the County and City desire to petition the Circuit Court of the County of Roanoke to approve the relocation of the boundary line and the County and the City mutually agree that the cost for preparation of the plat and the publication of the notice be shared equally between the two jurisdictions. The County will initially pay all expenses and the City will subsequently reimburse the County for one -half of such expenses. WITNESS the following signatures and seals: FOR THE COUNTY OF ROANOKE: Approved as to Form: Peter S. Lubeck Senior Assistant County Attorney BOARD OF SUPERVISORS COUNTY OF ROANOKE, VIRGINIA By: Thomas C. Gates County Administrator FOR THE CITY OF ROANOKE: Approved as to Form: CITY COUNCIL CITY OF ROANOKE, VIRGINIA Rv Daniel J. Callaghan Sherman P. Lea, Sr. City Attorney Mayor EM IIBI'I A WILLIAMSON ROAD PLAT \\ §± | 9 \� \� $ � \� )) !�G vQ: \/ _ � �g <©& |z * \\ a \!A .q \ . � � r Exhibit aWilliamson Road e« u NW S'I'HYIIANIE M. MOON RLYNOLDY, MM(' ('ity Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CITY OF ROANOKE OFFICE OF'FHE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginin 24011 -1536 'I el,,h.nc (5411)853 -2541 FRM: (540)X59 -1145 E- ,nnil: cicrk(nrnennkcvfl . pnv September 21, 2016 C'ECELIA F. MCCOV Dcpnly CIIy Clerk ('ECELIA T. WEDS, CMC Assistant Deputy City Clerk I am enclosing a copy of Ordinance No. 40653- 091916 authorizing the Mayor to execute an agreement between the County of Roanoke, Virginia, and the City of Roanoke, Virginia, relating to certain boundary line adjustments between those governmental entities and affecting properties presently located in Roanoke County along Williamson Road, U.S. Route 11 and 220; directing that certain other actions relating to such boundary line be taken as provided by law; and authorizing the Mayor, the City Manager, and the City Attorney to take such further action as may be necessary to implement such agreement and boundary line adjustments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, t4" Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Thomas C. Gates, County Administrator, Roanoke County, Roanoke County Administration Center, P. O. Box 29800, Roanoke, Virginia 24018 -0798 Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne F. Bowers, Economic Development Director Susan Lower, Director of Real Estate Valuation IN'I'It; COUNC IL OF T] IE ('1'1Y OF ROANOKF, VIRGINIA The 19th day vI September, 20,16. N, 40651 - 091916. AN ORUINANC'F. autwrizing the Mayor to cxa;utc an agreement between the County of Roanoke, Virginia, end the City of Roanokc,, Virginia, relating to certain boundary line adjusttnonl's between those governmental entities and at pa opertics presently located in Roanoke County along Williamson Road, U.S. Route I I and 220; directing that certain other actions relating to such boundary line be taken as provided by law; authorizing the Mayor, the City Manager, and the City Attorney to take such funfici action as may be necessary to implement such agreement and boundary line adjustments; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council deems it necessary in order to father the public health, safety, and welfare to relocate portions of the boundary line between the City of Roanoke and the County of Roanoke in accordance with the provisions of Section 15.2 -3106, et seq., of the Code of Virginia (1950), as amended; WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services; WHEREAS, the City Manager has recommended to Council establislunent of a new boundary line at certain points between the City of Roanoke and the County of Roanoke, as set out in the City Council Agenda Report dated September 19, 2016; WHEREAS, Roanoke County, through its administration, has recommended to the Roanoke County Board of Supervisors that it agree to the boundary line relocation; WHEREAS, in accordance with Section 15.2 -3107 B of the Code of Virginia (1950), as amended, Roanoke County provided written notice of this proposed boundary line adjustment to the owners ul [tic affected properties that arc cuncnfly in Roanoke County land will be relocated Intl the City of Roanoke, as more fully described in the City CUUnCl1 Agenda Report dated September 19, 2016; WHIIRliAS, pursuant to the requirements of Section 15? -3107 of the Code of' Virginia (1950), as amended, the City mrd County jointly advertised public hearings before the Roanoke County Board of Supervisors on September 13, 2016 and before the Roanoke City Council on September 19, 2016, to consider this matter, and City Council held a public hearing on September 19, 2016, at which time citizens were given the opportunity to express their views on this matter; and WHEREAS, after consideration of the views expressed at the public hearing, Council concurs in the recommendation of the City Manager as set forth in the City Council Agenda Report dated September 19, 2016, to adopt the agreement to relocate the boundary line as described in the City Council Agenda Report dated September 19, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I_ The Mayor is authorized to execute an agreement between the City of Roanoke and the County of Roanoke, in a form approved by the City Attorney, establishing a new boundary line at certain points located along Williamson Road, U.S. Route 11 and 220 between the jurisdictions as more particularly described in the exhibits attached to the City Council Agenda Report dated September 19, 2016, all of which are incorporated by reference herein. 2. Upon execution of the agreement between the governing bodies, the City Attorney and /or County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the exhibits attached to the City Council Agenda Report dated September 19, 2016. 2 1, I Ipon colly of an order by the ('ireuil ('uurl eSlnbli.ehiug the new houudwy line, the ('Ic-- k of the Circuit Court is requcatccI to Ibr Wit r(I it certified Copy oI sIIcII at (I to the SCCIctaIy eh the Cow nleawea I h, u,v IC(µiircd by law. 4. The Mayor, the (sty Mnnnger, and City Allot ney are aethra IZ.Cd to lake, or CaUSU to be talmn, Such ether actions, and to execute other doe III cnt4 its may be rcyuilel by law to effect the changes in the boundary line as set III lh herein. 5. The City Clerk is directed to torward an attested copy of this ordinance to the Clerk of the Board of Supervisors for Roanoke County. 6. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. _J 3 eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Boundary Line Adjustment between City of Roanoke and Roanoke County - 5400 Block of Williamson Road N.E. (CM 16- 00120) Background: As part of the consideration related to the sale and disposition of a parcel of City -owned property located in Roanoke County to Roanoke County for the purpose of the development of a public park, the City of Roanoke and Roanoke County are proposing the adjustment of the boundary line between the two localities at two locations. One of the proposed boundary line adjustments would consist of moving approximately 1.0736 acres of property owned by CFS4 III, L.L.C. and an adjacent 0.0225 acres of property owned by Williamson Road Plaza, L.L.C. from the County into the City. These parcels are situated along Williamson Road, N.E., in proximity to the former Happy's Flea Market development. The location of this proposed boundary line adjustment is shown as Exhibit A in the attached agreement between the City of Roanoke and Roanoke County (Williamson Road Agreement). The Williamson Road Agreement outlines the intent of the City and County, and identifies those costs associated with the process that will be equally shared by the City and the County. The boundary line adjustment would enable the property associated with the Happy's Flea Market site and an adjacent commercial site to reside within the City of Roanoke so as to enable opportunities for the combination and subdivision of lots as appropriate for future development potential. If approved by the Circuit Court, the boundary line adjustment would take effect on January 1, 2017. Pursuant to the provisions of Section 1 5.2 -3106, et seq., of the Code of Virginia (1950), as amended, a public hearing is required for the consideration of such a boundary line adjustment. Recommended Action: Absent comments to the contrary at the public hearing, authorize the Mayor to execute the Williamson Road Agreement between the County of Roanoke and the City of Roanoke agreeing to the proposed boundary adjustment substantially similar in form to the agreement attached to this Report; authorize the City Attorney to jointly file the necessary petition with the Circuit Court seeking an order approving the boundary line changes, and authorize the Mayor, the City Manager, and /or the City Attorney to take any additional actions that may be necessary to effect the change. - - - -- - -- - - - - -- to her P. Morrill City Manager Attachment Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Economic Development Director Susan Lower, Director of Real Estate Valuation AGREEMENT This Agreement made and entered into this day of 2016, by and between the COUNTY OF ROANOKE, VIRGINIA ( "County") and the CITY OF ROANOKE, VIRGINIA ( "City"). WHEREAS, both of the respective governing bodies desire to relocate and change portions of the boundary lines between Roanoke County and the City of Roanoke; and WHEREAS, the City Council of the City of Roanoke held a public hearing on this matter on September 19, 2016, and the Board of Supervisors of Roanoke County held a public hearing on this matter on September 13, 2016, upon publication of notice as required by law, and upon notice to affected property owners; and WHEREAS, the governing bodies desire to petition the Court for approval pursuant to the provisions of Article 2, Chapter 31, Title 15.2, Code of Virginia, as amended. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree as follows: 1. That the proposed boundary line adjustments are shown on a plat entitled "Plat From Records for Roanoke County, Virginia and the City of Roanoke, Virginia Showing 1.0736 acres (46,766 Sq. Ft.) and 0.0225 acre (979 Sq. Ft.) Being Transferred from Roanoke County Corporate Limits to the City of Roanoke Corporate Limits," dated August 4, 2016, and reviewed and sealed by Frank B. Caldwell, III, Land Surveyor with Caldwell White Associates, on August 16, 2016, ("Williamson Road Plat "), which Williamson Road Plat is attached hereto as Exhibit A. 2. That the corporate boundaries between the Roanoke County and the City of Roanoke be adjusted effective January 1, 2017, subject to approval of the Roanoke County 1 Circuit Court, as follows: (A) A parcel of real estate owned by CF54 III, LLC, and containing 1.0736 acres being along Williamson Road, U.S. Route 11 and 220 (being a part of Tax Map #38.14- O1- 77.00), and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (B) A parcel of real estate owned by Williamson Road Plaza, LLC, and containing 0.0225 acre being along Williamson Road, U.S. Route 11 and 220 (being part of Tax Map #38.14 -01- 76.00), and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. 3. That the County and City desire to petition the Circuit Court of the County of Roanoke to approve the relocation of the boundary line and the County and the City mutually agree that the cost for preparation of the plat and the publication of the notice be shared equally between the two jurisdictions. The County will initially pay all expenses and the City will subsequently reimburse the County for one -half of such expenses. WITNESS the following signatures and seals: FOR THE COUNTY OF ROANOKE: Approved as to Form: BOARD OF SUPERVISORS COUNTY OF ROANOKE, VIRGINIA By: Peter S. Lubeck Senior Assistant County Attorney Thomas C. Gates County Administrator FOR THE CITY OF ROANOKE: Approved as to Form: CITY COUNCIL CITY OF ROANOKE, VIRGINIA Bv: Daniel J. Callaghan Sherman P. Lea, Sr. City Attorney Mayor EXHIBIT A WILLIAMSON ROAD PLAT \m .j b� � :n &, � ;! @R !..| 2; - .zcy / § R; zq : \ |2/ ® ¢ &q &ate \ ^ \ § d \&$G $ § 22 ¢29- � a R Exhibit a Williamson Road Plat The Roanoke Times Roanoke, Virginia Affidavit of Publication ROANOKE CO - BOARD OF SUPERV Aftn DEBORAH C. JACKS PO BOX 29800 ROANOKE. VA 24018 Account Number 6011184 Date September 05, 2018 Date Calegay Description Ad Size Total COST 09/1112016 Legal No0ces REVISED NOTICE OF PROPOSED BOUNDARY LINE RELO 1 x 164 L 169852 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 REVISED NOTICE OF PROPOSE was published In said newspapers on the following dates. 0829, 09I052016 The First insertion being given ... 08129R016 Newspaper reference: 0000379962 J Bil ng Repre end tive Sworn to and subscribed before me this Monday. September 5, 2016 Notary Public State of Virginia City/County of Roanoke Lp 30 My Commission expires �136�1a THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU REVISED NOTICE Of PROPOSED BOUNDARY LINE RELOCATIONS The first agreement (the "Williamson Read Aghbor '9 P,Wases A boundary line Adjustment as follows: ") A panel of real estate owned by Cis a III. Lm, and mmaining 1073 .coca their, IOCald along williamson Road, U.S. Route II and 220 (brine a pan at Ta. Map staff 0192.00 and currently loat ced In Roanoke County. il M InclWed within the corporate boundaryollhe Cif Of Roanoke. QI A panel 01 [ell late owned by wmamsoc Road Plaza I and mMaining M@ acne tieing located aid,, williamson Road. Us Rome If vile 220 (cemg pad at ax Map 91&1- 0146.00) antl c ouraby lVeArd in Roanoke County will be included wrtho the mryored, owntlary of the City of Roarmed Tie Woposed boundary 1.11 ,da'.em proposed by the proposed wit Lamson Read Agreement occurred in a put enter. 'Farm hoer Recwos for Roanoke County, Virginia and the City of RoaWFe, Viryinia. Showing I.9136 Aces (46 7% Set it ) aAd 0.0225 ACre (929 SR. it) Re1ng transferred from Roanoke County Corporate Limits to the Ctty of ROamid CormramllmRS "daredfiou" 4,1016 And prepared and beled by Frank B. Caldwell In on August 16. 2016 (tire ' Wrlbam. mn Road le n'I. she second agreement (the Blue Hills VHlage Drive Agreement pr.,,Pe a boundary line adNSlment as follows: A parcel of net Pstate owned by the Rational Bank of Blacksburg, antl mnmtnmg 0.7Le5 shad bemg mcatee between Challenger Avenue and Blue Hill, Village onve not Map Ali 01 260)And currently ladled in Roanoke CWnry will be order within the corporate boundary of the City of RWrarke led A parcel ill real estate thinned be the National Bank of Blackboard, and containing o.a9W acre, being located behveen Challenger Avenue and Blue Hills Village Drive (I. Map N050.DS Of 26.a1)and currently located in Roanoke County will be 'included within the corporate b0undary of the City of Roanoke. (A) on the sealed by frank B. Corsi IT on August 16. 2016 (the Blue Hills Village Drive Plat "1. Copies 0 the proposed Williamson Bead Agreemenl, the Williamson Road Plat, the proposed Blue Hills Village Dove Agreement, and the ewe Hills Village Drive vial can be viewed at me Clerk's Office of the Roanoke County Board of SuPai imrs, 52M Bernard Dive, Roanoke, Virginia 24018, and at the Clerk's Office of the City of Roanoke. Boom 456. Noel C. Taylor Municipal Building, nS Church Avenue, 5. w., Roanoke. Virginia 24011. during coal business hours, beginning on All 22, 2016. All padres and interested 'roans may appear on the abuve dales and times to be heard on the above-referenced mailer. If yo, are a person won A sisataboy whr nemb a mndagn, m attend these heanngss.please contact the Roamke County Clerk's Orfire at CMM 177 PAOS, on or before ¢:W won an Srotemoer 8, 2016 nyou plan to attend In, public hearing to Roanoke County or please coot the Nacreous C., Clerk 'A Office al loud US 2541. do or demre 12: CD noon on september 15. beeonf you plan m attend the pull., g in the CAY Of Roanoke. Doled this 18th day of August. 2016 Sto ach, M. Munn Reynolds City Clerk oWnoke Civ, Virginia Deborah looks Chat Dar clerk to the Board of SUOervare s Roanoke County. Virginia (1266161 Location: lonnoke,VAN018 Listing ID: ld OW7 Sort SAW, 83eo. 9lceaa9399fa 075952 THE RQl\OKI? TIMES �rounokecom � Your Community. Your Times. Roanoke Times Order Confirmation for Ad #0000379962 -01 Ad Content Proof Actual Size REVISED NOTICE OF PROPOSED BOUNDARY LINE RELOCATIONS ,;fall IT ,IAl Cnlcrbu G IT a Ssba- IS.2.3105 or n °of the [5e e or ...... 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Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing a copy of Ordinance No. 40654- 091916 authorizing the Mayor to execute an agreement between the County of Roanoke, Virginia, and the City of Roanoke, Virginia, relating to certain boundary line adjustments between those governmental entities and affecting properties presently located in Roanoke County between Challenger Avenue and Blue Hills Village Drive; directing that certain other actions relating to such boundary line be taken as provided by law; and authorizing the Mayor, the City Manager, and the City Attorney to take such further action as may be necessary to implement such agreement and boundary line adjustments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Mahn Reyrldlds, MM City Clerk Enclosure c: Thomas C. Gates, County Administrator, Roanoke County, Roanoke County Administration Center, P. 0. Box 29800, Roanoke, Virginia 24018 -0798 Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Economic Development Director Susan Lower, Director of Real Estate Valuation CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853-2541 Tax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E-mail: elerk(irroaa0keva.gue CECELIA F. MCCOV City Clerk Deputy City Clerk September 21, 2016 CECELIA T.WEHH,CMC Assistant Deputy City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing a copy of Ordinance No. 40654- 091916 authorizing the Mayor to execute an agreement between the County of Roanoke, Virginia, and the City of Roanoke, Virginia, relating to certain boundary line adjustments between those governmental entities and affecting properties presently located in Roanoke County between Challenger Avenue and Blue Hills Village Drive; directing that certain other actions relating to such boundary line be taken as provided by law; and authorizing the Mayor, the City Manager, and the City Attorney to take such further action as may be necessary to implement such agreement and boundary line adjustments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Mahn Reyrldlds, MM City Clerk Enclosure c: Thomas C. Gates, County Administrator, Roanoke County, Roanoke County Administration Center, P. 0. Box 29800, Roanoke, Virginia 24018 -0798 Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Economic Development Director Susan Lower, Director of Real Estate Valuation e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 19, 2016 Subject: Boundary Line Adjustment between City of Roanoke and Roanoke County- Blue Hills Village Drive, N.E. (CM16- 00121) Background: As part of the consideration related to the sale and disposition of a parcel of City -owned property located in Roanoke County to Roanoke County for the purpose of the development of a public park, the City of Roanoke and Roanoke County are proposing the adjustment of the boundary line between the two localities at two locations. One of the proposed boundary line adjustments would consist of moving approximately 1.2089 acres of property owned in two separate lots by the National Bank of Blacksburg, along with approximately .407 acres of adjacent public right -of -way, being a portion of Blue Hills Village Drive, from the County into the City. The properties owned by the National Bank of Blacksburg and the portion of Blue Hills Village Drive are presently situated in Roanoke County near the main entrance into Roanoke Centre for Industry and Technology. The location of this proposed boundary line adjustment is shown as Exhibit A in the attached agreement between the City of Roanoke and Roanoke County (Blue Hills Village Drive Agreement). The Blue Hills Village Drive Agreement outlines the intent of the City and County, and identifies those costs associated with the process that will be equally shared by the City and the County. The boundary line adjustment would enable the entire Blue Hills Village development to reside within the City of Roanoke so as to enable opportunities for the combination and subdivision of lots as appropriate for its development potential. If approved by the Circuit Court, the boundary line adjustment would take effect on January 1, 2017. Pursuant to the provisions of Section 15.2 -3106, et seq., of the Code of Virginia (1950), as amended, a public hearing is required for the consideration of such a boundary line adjustment. Recommended Action Absent comments to the contrary at the public hearing, authorize the Mayor to execute the Blue Hills Village Drive Agreement between the County of Roanoke and the City of Roanoke agreeing to the proposed boundary adjustment, in a form substantially similar to the agreement attached to this Report, authorize the City Attorney to jointly file the necessary petition with the Circuit Court seeking an order approving the boundary line changes, and authorize the Mayor, City Manager, and /or City Attorney to take any additional actions that may be necessary to effect the change. alstop . M- orrill City Manager Attachment Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Economic Development Director Susan Lower. Director of Real Estate Valuation AGREEMENT This Agreement made and entered into this day of 2016, by and between the COUNTY OF ROANOKE, VIRGINIA ( "County") and the CITY OF ROANOKE, VIRGINIA ( "City"). WHEREAS, both of the respective governing bodies desire to relocate and change portions of the boundary lines between Roanoke County and the City of Roanoke; and WHEREAS, the City Council of the City of Roanoke held a public hearing on this matter on September 19, 2016, and the Board of Supervisors of Roanoke County held a public hearing on this matter on September 13, 2016, upon publication of notice as required by law, and upon notice to affected property owners; and WHEREAS, the governing bodies desire to petition the Court for approval pursuant to the provisions of Article 2, Chapter 31, Title 15.2, Code of Virginia, as amended. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree as follows: 1. That the proposed boundary line adjustments are shown on a plat entitled "Plat From Records for Roanoke County, Virginia and the City of Roanoke, Virginia: Lot 1 (0.7185 Acre), Common Area (0.4904 Acre), and Public Right of Way (0.4070 Acre) Plat Showing a Resubdivision of Parcel 1C -2 11.0679 Acres (Instrument No. 200713164 Rke Co) Showing 1.6159 Acres Being Transferred from Roanoke County Corporate Limits to the City of Roanoke Corporate Limits," dated August 4, 2016, and reviewed and sealed by Frank B. Caldwell, III, Land Surveyor with Caldwell White Associates, on August 16, 2016 ('Blue Hills Village Drive Plat"), which Blue Hills Village Drive Plat is attached hereto as Exhibit A. 1 2. That the corporate boundaries between the Roanoke County and the City of Roanoke be adjusted effective January 1, 2017, subject to approval by the Roanoke County Circuit Court, as follows: (A) A parcel of real estate owned by the National Bank of Blacksburg and containing 0.7185 acre, being located between Challenger Avenue and Blue Hills Village Drive (Tax Map #050.05 -01- 26.00) and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (B) A parcel of real estate owned by the National Bank of Blacksburg and containing 0.4904 acre, being located between Challenger Avenue and Blue Hills Village Drive (Tax Map #050.05 -01- 26.01) and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (C) A public right -of -way containing 0.4070 acre, that is located between the two above - mentioned parcels and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. 3. That the County and City desire to petition the Circuit Court of the County of Roanoke to approve the relocation of the boundary line and the County and the City mutually agree that the cost for preparation of the plat and the publication of the notice be shared equally between the two jurisdictions. The County will initially pay all expenses and the City will subsequently reimburse the County for one -half of such expenses. WITNESS the following signatures and seals: 2 FOR THE COUNTY OF ROANOKE: Approved as to Form: Peter S. Lubeck Senior Assistant County Attorney FOR THE CITY OF ROANOKE: Approved as to Form: Daniel J. Callaghan City Attorney BOARD OF SUPERVISORS COUNTY OF ROANOKE, VIRGINIA By Thomas C. Gates County Administrator CITY COUNCIL CITY OF ROANOKE, VIRGINIA By: Sherman P. Lea, Sr. Mayor EXHIBIT A BLUE HILLS VILLAGE DRIVE PLAT �f u$ 'e�4g'c S9a ft U6•H ulu xk�siS y -C 05 a rc' a$� Y ��I�/Naa'bT�fa HV H1Nryy F3� p, age m ISO 6 �•�9k i 2 �agp3 as3s � 2° TT"' Ca " yI P bBu IS s �r �b5 gel Fak:. aa�k b @k g a�� ray a Exhibit A Blue Hills Village Drive Plat The Roanoke Times Roanoke, Virginia Affidavit of Publication ROANOKE CO - BOARD OF SUPERV Arm DEBORAH C. JACKS PO BOX 29800 ROANOKE, VA 24018 Accoun[Number 6011184 Date September 05, 2015 Date `Category Descnptbn AI Size TIIC I 09/1112016 Legal Nabces REVISED NOTICE OF PROPOSED BOUNDARY LINE RELO- 1 x 164 L 169852 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 REVISED NOTICE OF PROPOSE was published In said newspapers on the following dates 09129,0910512016 The First insertion being given ... 061292o16 Newspaper reference: 0000379962 t31 n9 1:1 pi aij en Bill ive Swarn to and subscribed before me this Monday, September 5, 2616 'iJ� t Notary Public �u�� State of Virginia City /County of Roanoke I My Commission expires � 3D i �136,1a MIO 10 nvt A WILL. PLtASt PAY FROM INVOICE. THANK YOU REVISED NOTICE OF PROPOSED BOUNDARY LINE RELOCATIONS The nl The abnorma (the 'W iliammn Road Anemone", pmp05es a cup"Ayline Ackerman, es ,allows', (I) A parch of real estate owned be Cfi -4 nl. LTC, and amdambrg 1.0716 acres, thing located along Willlam50n Read. U.5 Route II and 220 (being A part of Tax Map U38,14 01 77.00) and really located In Roanoke Cnunly, wII be IncIWM wifail the mrppale boundary of the City of Roanoke. (S) A parcel of real orate owned by Williamson Road Plaza, I.I.C. aM containing 0. i den, being located along Willlamsan Road, 15. Route 11 and 220(baing part of Tax Map 43014, 019600) and [ neatly located] in Roanrkk COUntywill be lnduded with., the empprale boundary DI ,he One of RMIMMI The proposed boundary Coe adjustment proposed by the proposed WrlliamsOn Read Agreement is depicted in a pill !aril'. "plat Imm Record, for Roanoke Couple. Virgnia and the City of Roanoke. Virginia, showing 1.81 bas PK.TM Sg, sU and 0.0225 Acre 079 Sq. fl.) Being Transferred from Roanoke County Corporate Larts la the City of Armorial, CorpOnlellmlb" dated AUgu51 A, Inner antl prepared and sealed by frank B. CaldwNl III on August 16. 201G (the 'Wipiall Read Plat ) The second agreement (the Blue hills Valage Drive Agreement I proposes a eandaiy, tune adjustment as .mrpwy: (A) A parcel of real estate owned by the National Raid of Blandwourg, and rnntainung 0 .716 Be being located Wheal Challenger Avenue and Blue Kids Village Drive Qu Map R05o.05 -01- 26.W) And cunen11y located in Roanoke County will go included within the 10rpomre boundary of the City of gas mem (BI A parcel el real Male nwnen as The Nallnnal Bank of elacksbm9, and wuslare9 0.19M abC blind 1pca{ed between Chafe ngel Avenue had Blue NJIS Village give (Ter Map 40%0561- 26 01 and CUnenlly located as Roanoke Cnunly will be Intludetl within the Imalll a revedary If coo ell, of (C) A du01k right of a, cmr,mmm 84070 none, loving Inal helween no, Abov, samete"d panels (AI Arm (61 and Cunently Roper in Roanoke Cwnly will be IelluMd wiNin IN carol M1wMary of the City o1 Roanoke The proposed bespo v line Can.. of the propusdi Williamson Road Agreeme0t the Williamson Road Plat, the proposed Blue Hills Village Drive Agreemi . and the Blue dirk Village Mlle Plat can be viewed at the Gll I OfBW of the Roanoke County Board of Supervisors, 5207 Bernard Div, Roanoke, V,maja Bal and a, All parties and Interested Variety may appoar on the aMerrill,, and limey to be beam nn be oral refemneed malto'. if w1. need' acmmmad.ters to.1 ming low,, bearings. pease contact Ibu Roanoke County Clerks Office at (540) 1223015, un or before 12:00 noon on September 0, 2016, If year plan to attend the public bearing in resume Canty r plea unlace the mote Cry Clerk's ORra At 1540189.2544 on or before 12:00 of on Stateroom, 15, 2016, if y0u plan to attend The I baring in the Ciem Roanoke. Oared Vary IBm pay o1 amal 2010. Mopmene M. Mom, Royal City civil Rnanplm 01, Virginia parallel. tacky Cruel Tell, C In W the Board of supermmrs Roanoke County. Virginia (376636) Location: Mercian VA2a01E Listing ID: When l 3hill 83eb, 9311A, l09fa 0lie 21 'bo l l? HO 1INOKE T1 N1 FS rultnoko.ontn M Your Convnunity. Your Times. Roanoke Times Order Confirmation for Ad #0000379962 -01 Ad Content Proof Ad.,ll Siee REVISED NOTICE OF PROPOSED BOUNDARY LINE RELOCATIONS u-Il s n Isz] os c f ni' vul( ,. p nz r R. l T 5 pl R 13, 11), l I. e d m m ,za "11.11 Ig ( a 1 n A s ' .1 1 e , fl b e c ry(1 "lull YI � ,n 1 . l If I bl4 6 h'U fI, I... t,r ullori ng Ine relo�lan 01 pnalons tl Gnu I I I t l:. u e G! 'Je it .tl .Ie la.lellom: ,ij Ill, rllLa. n¢1 Io:'1.l ilia) IJ f, o�5. bo:np IucTetl alo¢g 1AAlizcuun s, us. w,�i1 a ¢nn aao meh� n m rn. rn1P a rl l,.Jm ll .vrza In Ill Ill III —rIlL .,ul m�lirlarmea „nnn: rt< r.,rwre¢' ¢oueyry nl!ec Ln� rl R arnk¢. 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All pam nv.11 In 's lel enl tr +s ii aR Veep en 11'a ,6x,11 thlu .r'A Lmn lv e lllr1 11 11 sham mlemutin 'h Vi psW a3t'nl IPC.P an rp_3 erna!fF aC001e:1 tl�f N 111 11 Cpur 1, C xr 11 .111, a: 6501 772 20M a o, Get— 12 GO nuns m: =er. unn.r s. xmeJl rw plan ma :arn eFS publlr dsarinn h paaske ' tt tall N anG C RoMV- Oib L le �k'e 0tlke i4l SJ ]) X5115uL on ar uelun' II9a n .mbc P zmc a �ti ail.. a me ewl1, n.wme':n m. "a+v lol Reaa�.e. o ales tors lFm aav al auae Fl. 2"1 .:oPl xorr ea Ini.n R.'vomal 11, 0, P_�mkc Pry, vlrgi Via O tlta ury..... C.... 0'0,, Clnrk to loe Ewa..1 5""a "' P0.iroNC Cuunly,'lOn, 117"j" L:ca unr Pum:okv. R\1n01S Ii lloS IR. IGO I V: :I5ill- 11Yx39pa� "'em Wa e 8/26/2016 9 : 12.01AM VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL 20 �. Gtivev� ble w-) ) This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s)', 1?0 ✓ / L✓ar"r.-d 'f�j Vf roe 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: rh✓iDla ✓Call/ -- ---- 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: _1--I _ 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: S ✓��_20/b r (3. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): _ I A - Z-37 o 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board Tom "Of a__ 21 'r- �dol/e -srdQl n 1L�e:_y_ 8. Grounds for appeal: QWp,00fo oa a f A llroiZoCr-l'GC Aya halal e �iad¢ ian (p_o_ voan( vo oas.f� wry ' <e ��noi- - �n.,Y a_1e••in ✓m I ✓C da noy' d2 /i•Pda ai-�C'/ fW 6/oak o F Clorc4 !1*2'rn 2 9. Name, title, address and telephone number of persons) who will represent the Petitioner(s) before City Council: WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness>"ramedde avo &4. f /PNbuf(y Signature of Owner(s) (If not Petitioner): Name:: go y q) (pi int or type) Name: (print or Signature of Petitioner(s) or representative(s), where applicable: �QQZ /1 Name: A� — (print or type) Name: (print or type) TO BE COMPLETED BY CITY CLERK /^, �, M DPvJ Date: l' /. 0'4 Received by 0 Page I of 1 Allstate sign 20 East Church Ave . Roanoke, Va. Roy Bucher to: Stephanie.Mo rvo Roanokcva.gov, Clerk @Roanokeva.gov, Tina.Cam @Roanokcva.gov 09/19/2016 04:27 PM Hide Details From: Roy Bucher <rbucher@chaslunsford.com> To: "Stephanie.Moon @Roanokeva.gov" <Stephanie.Moon @Roanokeva.gov >, "Clerk @Roanokeva.gov" <Clerk @Rcanokeva.gov >, "Tina.Carr @Roanokeva.gov" <Tina.Cam @Roanokeva.gov >, History: This message has been replied to. I met with lames Houston the manager of the Allstate office Friday 9/16/16 at the above location and have determined that the sign he described would be appropriate for the Market area . Therefore please remove my name from the agenda at tonight's meeting . Thank you very much for your understanding and concern . Kindest regards, Roy E. Bucher, Jr., Chairman, President, Treasurer Chas. Lunsford Sons & Associates 16 E. Church Avenue I Roanoke, VA 24011 Direct: 540.855.5159 1 Fax: 540.344 4096 www. chaslu nsford. com This message is for the designated recipient only and may contain privileged, proprietary, or otherwise private information. If you have received it in error, please notify the sender immediately and delete the original. Any other use of the email by you is prohibited. file: / / /C:fUsers /CKSMI /AppData/Local /Temp /notesC7AO56 /— web9547.htm 9/19/2016 TRINKLE 40655 - 092316 ROANOKE CITY COUNCIL RECESSED SESSION (CITY COUNCIL STRATEGIC WORKSHOP) SEPTEMBER 23, 2016 8:30 A.M. RALEIGH COURT LIBRARY 2112 GRANDIN ROAD, S. W AGENDA 1. Call to Order— Roll Call: All Present (Council Member Dykstra arrived late) 2. Welcome — Mayor Sherman P. Lea, Sr. 3. A communication from the City Manager recommending approval of the2015 -16 HUD Consolidated Annual Performance and Evaluation Report (CAPER). Adopted Resolution No. 40655- 092316 (7 -0). 4. Work Session Purpose — Christopher P. Morrill, City Manager At this point, Council Member Dykstra entered the meeting (8:38 a.m.), during opening comments by the City Manager. • Alliance for Innovation Exercise • Setting the Stage c Vision, Guiding Principles, and Priorities • Revenue Trends • BFO Priorities /Offers • Reserves • Outside Agency and Public Arts Funding Council Member Trinkle left the meeting during discussion regarding the One Percent Funding for the Arts (12:02 p.m.) • FY2018 Strategic Issue Discussions Priority Confirmation and Direction • CDBG Overview Parking Fund Review Capital Improvement Plan Overview • Budget Briefing Opportunities • What Should We Focus on? Wrap -Up 5. Items from Mayor and Members of Council. Create a Master Calendar to include neighborhood organization activities; and Remove upper case sentence structure from Council agenda Adjournment -3:01 p.m. Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Resolution No. 40655- 092316 approving the 2015 -16 HUD Consolidated Annual Performance and Evaluation Report (CAPER) regarding the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program; and authorizing the City Manager to submit the CAPER to HUD. The abovereferenced measure was adopted by the Council of the City of Roanoke at a recessed meeting held on Friday, September 23, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MM City Clerk Enclosure c: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Keith Holland, Community Resources Program Administrator CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Rounoke, Virginin 24011 -1536 Telephone: (540)853 -2541 I +.e: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC Wmail CECELIA F. MCCOY City Clerk Deputy City Clark CECELIA T. W EBB, CMC AWsunt Deputy City Clerk September 23, 2016 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Resolution No. 40655- 092316 approving the 2015 -16 HUD Consolidated Annual Performance and Evaluation Report (CAPER) regarding the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program; and authorizing the City Manager to submit the CAPER to HUD. The abovereferenced measure was adopted by the Council of the City of Roanoke at a recessed meeting held on Friday, September 23, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MM City Clerk Enclosure c: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Keith Holland, Community Resources Program Administrator 1,I- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of September, 2016. No. 40655- 092316. A RESOLUTION approving the 2015-16 HUD Consolidated Annual Performance and Evaluation Report (CAPER) regarding the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program; and authorizing the City Manager to submit the CAPER to HUD. WHEREAS, the City of Roanoke regularly receives I IUD and CDBG grant monies each year to use in HUD funded community service programs; WHEREAS, HUD requires each locality receiving Such Rinds to develop a Consolidated Annual Performance and Evaluation Report (CAPER) that includes a review of the specific community development and housing activities that were undertaken during the recently concluded program /fiscal year and identify the amount of finding that benefited low -to- moderate income persons; and WHEREAS, as described in the City Council Agenda Report dated September 23, 2016, the CAPER was trade available to the public August 19, 2016 through September 20, 2016 for review and public comment, and a properly advertised public hearing was held on September 19, 2015 to receive public comments, and no comments were made. NOW THEREFORE„ BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the CAPER attached to the City Council Agenda Report dated September 23, 2016. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the CAPER, and to submit same to HUD by September 28, 2016. ATTEST:'` City Clerk. v 'U CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 23, 2016 Subject: Approval of 201 5 -16 Consolidated Annual Performance and Evaluation Report for US Department of Housing and Urban Development Background: Each year the City is required to develop a Consolidated Annual Performance and Evaluation Report (CAPER) for submission to HUD which includes a review of the specific community development and housing activities that were undertaken during the recently concluded program / fiscal year, and identifies the amount of funding that benefited low -to- moderate income persons. Once the CAPER is drafted, HUD requires that the draft be made available to the public for a 30 day review and comment period prior to its finalization and submittal to HUD. The City made the draft CAPER available to the public through a variety of means, including the City's website, by mail to citizens upon request, at the City Municipal Building, at the City's Main Branch library, and at the Roanoke Redevelopment and Housing Authority's Executive Offices. This year the 30 day public comment period on the draft CAPER began on August 19, 2016 and ended on September 20, 2016. No comments were received during this period. City Council held a public hearing to receive comment on the CAPER during its September 19, 2016 regular meeting, and received no comments. City Council should consider approval of the CAPER and authorize its submission by the City Manager to HUD. The deadline for the CAPER to be received by HUD is September 28, 2016. Recommended Action: Approve the 2015 -16 HUD Consolidated Annual Performance and Evaluation Report (CAPER), and direct the City Manager or his designee to submit the CAPER to the Richmond Field Office of the US Department of Housing and Urban Development prior to September 28, 2016. (2p er P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning Building and Development Keith Holland, Community Resources Program Administrator City of Roanoke, Virginia 2015 -2016 Consolidated Annual Performance and Evaluation Report (CAPER) for the HUD Community Resources Division CR -05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of Roanoke made great progress this year in terms of improving blighted areas within the city. The West End Neighborhood Revitili2ation Strategy Area (WETA) was concluded during the program year and anew targeted area, the Melrose- Orange Target Area (MOTA) began with rehabilitation and new homeownership opportunities. A successful transition was accomplished during 2015 as the City addressed infrastructure needs in WETA while new owner occupied residential development, along with owner - occupied rehabilitation activities were started in MOTA. 2015 was the fifth and final year that the City strategically directed funds for WETA. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes /objectives, goal outcome indicators, units of measure, targets, actual outcomes /outputs, and percentage completed for each of the grantee's program year goals. Goal Category Source Indicator Unit of Expected Actual- Percent Expected Actual- Percent / Measure - Strategic Complete - Program Complete Amount Strategic Plan Program Year Plan Year Non - Housing Housing Code Household Cade CDBG: Community Enforcement /Foreclosed Housing 5000 1295 400 1295 Enforcement $ 25.90% 323.75% Development Property Care Unit Non - Housing CDBG: Demolition Community Buildings Demolished Buildings 20 18 4 4 $ 90.00% 100.00% Development Non - Housing Economic CDBG: Businesses Community Businesses assisted 2 0 Development $ Assisted 0.00% Development CDBG: Tenant -based rental Homeless Households Homeless $ / assistance / Rapid 25 12 Services Assisted 48.00% ESG: $ Rehousing CAPER OMB Control No: 2506 0117 (exp. 07/31/2015) Homeless Homeless CDBG: $ / Homeless Person Persons 250 227 50 227 Services Overnight Shelter Assisted 90.80% 454.00% ESG: $ CDBG: Homeless Homeless $/ Homelessness Persons 150 80 30 80 Services Prevention Assisted 53.33% 266.67% ESG:$ Household Housing Affordable CDBG: Rental units Housing 5 0 Rehabilitation Housing $ rehabilitated 0.00% Unit Household Housing Affordable CDBG: Homeowner Housing Housing 100 98 50 70 Rehabilitation Housing $ Rehabilitated 98.00% 140.00% Unit CDBG: Household New Affordable $ / Homeowner Housing 1 3 Homeownership Housing HOME: Added Housing 20 16 80.00% 300.00% Unit CDBG: Household New Affordable $ / Homeowner Housing Homeownership Housing HOME: Rehabilitated Housing 0 10 3 4 133.33% Unit CDBG: Financial Direct Financial Dire New Affordable $/ Households Homeownership Housing HOME: Assistance Assisted 20 30 150.00% 5 15 300.00% Homebuyers $ Public Facility or Non - Housing CDBG: Infrastructure Activities Households Public Facilities Community $ for Low /Moderate Assisted 100 0 0.00% Development Income Housing Benefit Non - Housing Public Facility or Public CDBG: Infrastructure Activities Households Infrastructure Community $ for Low /Moderate Assisted 500 1615 323.00% 200 1615 807.50% Development Income Housing Benefit CAPER OMB Control No: 2506- 0117(exp. 07/31/2015) Table 1 - Accomplishments - Program Year & Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City has prioritized housing rehabilitation and new homeownership as two of the highest priorities of need within the jurisdiction. There were more than 50 housing rehabilitations performed this year by three partners, Blue Ridge Independent Living Center, Renovation Alliance, and Total Action Against Poverty. Also, Habitat for Humanity either newly constructed or significantly rehabilitated 7 homes. Additionally, stormwater management and infrastructure improvements in order to correct blighting influences were also vital to capping off the West End Target Area project. With the investment of $1.2 million in infrastructure, a section of the city that had fallen into poor condition due to disinvestment is now updated with a welcoming feel and drainage that will no longer flood each time it rains. The use of public funds in WETA has resulted in over $4.0 million in private funds spent on residential and commercial development. CAPER OMB Control No 25060117 (ex, 07/31/2015) Public service activities Non - Hauling I CDBG: otherthan Persons Public Services Community $ Low /Moderate Income Assisted 100 727 727.00% F3O 418 1,393.33% Development Housing Benefit Non - Housing Public service activities Public Services Community CDBG: for Low /Moderate Households 0 0 10 0 $ Assisted 0.00% Development Income Housing Benefit Table 1 - Accomplishments - Program Year & Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City has prioritized housing rehabilitation and new homeownership as two of the highest priorities of need within the jurisdiction. There were more than 50 housing rehabilitations performed this year by three partners, Blue Ridge Independent Living Center, Renovation Alliance, and Total Action Against Poverty. Also, Habitat for Humanity either newly constructed or significantly rehabilitated 7 homes. Additionally, stormwater management and infrastructure improvements in order to correct blighting influences were also vital to capping off the West End Target Area project. With the investment of $1.2 million in infrastructure, a section of the city that had fallen into poor condition due to disinvestment is now updated with a welcoming feel and drainage that will no longer flood each time it rains. The use of public funds in WETA has resulted in over $4.0 million in private funds spent on residential and commercial development. CAPER OMB Control No 25060117 (ex, 07/31/2015) CR -10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) Table 2 —Table of assistance to racial and ethnic populations by source of funds Narrative CDBG, HOME, and ESG funding was utilized to benefit a variety of races and no one race was given priority over another. All programs are operated as a first -come, first served basis and are operated regardless of race or ethnicity. CAPER OMB Control No: 25060117 In, 02/31/20151 CDBG HOME ESG White 243 2 201 Black or African American 316 13 661 Asian 7 4 3 American Indian or American Native 1 0 6 Native Hawaiian or Other Pacific Islander 0 0 0 Total 567 19 871 Hispanic 3 1 2 Not Hispanic 1 564 18 869 Table 2 —Table of assistance to racial and ethnic populations by source of funds Narrative CDBG, HOME, and ESG funding was utilized to benefit a variety of races and no one race was given priority over another. All programs are operated as a first -come, first served basis and are operated regardless of race or ethnicity. CAPER OMB Control No: 25060117 In, 02/31/20151 CR -15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG of Allocation 0 2,360,949 HOME 0 1,133,073 ESG 42 0 212,748 Table 3 - Resources Made Available Narrative Most of the carryover funding that was available for use this year was expended during the program year. Both CDBG and HOME expenditure deadlines were met. Identify the geographic distribution and location of investments Target Area Planned Percentage Actual Percentage of Narrative Description of Allocation Allocation Melrose- Orange Target %of total CDBG and Area 42 37 HOME Melrose- Orange Target % of total CDBG and Area 51 37 HOME %of total CDBG and West End Target Area 0 47 HOME Table 4— Identify the geographic distribution and location of investments Narrative Most of the CDBG and all of the HOME funds allocated during the program year were programmed for activities that benefitted the Melrose- Orange Targeted Area or the West End Targeted Area. Total drawn during the program year that benefitted either targeted area was: CDBG - $1,744,950; HOME - $526,346. A total of $2,230,406 was allocated to Targeted Area benefits this year for a total of 83% of all CDBG and HOME funds benefitting a targeted area. CAPER OMB Control No: 2506- 0117(exp. 07/31/2015) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. Both CDBG and HOME funds were leveraged through the work of many of the city's sub recipients. Habitat for Humanity matched HOME funds at a much greater rate than the required 25% match. At least one private developer has spent nearly $4.0 million on acquistion and rehabilitation of several properties in WETA to create affordable, market rate single family housing. Table 5 — Fiscal Year Summary - HOME Match Report CAPER OMB Control No: 2506- 01171exp. 07/31/2015) Fiscal Year Summary — HOME Match 1. Excess match from prior Federal fiscal year 1,087,990 2. Match contributed during current Federal fiscal year 1,429,927 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 2,517,917 4. Match liability for current Federal fiscal year 83,610 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 2,434,308 Table 5 — Fiscal Year Summary - HOME Match Report CAPER OMB Control No: 2506- 01171exp. 07/31/2015) Match Contribution for the Federal Fiscal Year Project No. or Date of Cash Foregone Appraised Required Site Bond Total Match Other 10 Contribution (non- Federal Taxes,Fees, Land /Real Infrastructure Preparation, Financing 222,526 0 100 sources) Charges Property Construction Materials, Donated labor Habitat for Humanity Job Sites 06/30/2016 0 0 0 0 1,429,927 0 1,429,927 Table 6 -Match Contribution for the Federal Fiscal year HOME MBE /WBE report Program Income - Enter the program amounts for the reporting period Balance on hand at begin- Amount received during Total amount expended Amount expended for Balance on hand at end of ning of reporting period reporting period during reporting period TBRA reporting period 0 222,626 222,526 0 100 Table 7 - Program Income CAPER OMB Control No 2506- 01171exp. 07/31/20151 Minority Business Enterprises and Women Business Enterprises - Indicate the number and dollar value of contracts for HOME projects completed during the reporting period and the total amount of HOME funds in these rental properties assisted Total Minority Business Enterprises White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Asian or Black Non- Hispanic , Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub- Contracts Indian Number 6 0 0 1 0 5 Dollar Amount 29,983 0 0 850 0 29,133 Total Women Business Enterprises Male Amount Contracts 0 0 0 Dollar Amount 29,133 29,133 0 Number 5 5 0 Sub - Contracts Number 6 51 1 Dollar Amount 29,983 29,133 850 Table 8- Minority Business and Women Business Enterprises Minority Owners of Rental Property- Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- _ Alaskan Asian or Black Non- Hispanic , Hispanic Native or Pacific Hispanic American Islander Indian Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9- Minority Owners of Rental Property Relocation and Real Property Acquisition- Indicate the number of persons displaced, the cost of relocation oavments. the number of cancels acquired, and the cost of acquisition Businesses CAPER OMB Control No 2506- 0117(exp. 07/31/2015) Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Total Minority Property Enterprises White Non- Alaskan Asian or Black Non- Hispanic Displaced Hispanic Native or Pacific Hispanic American Islander Indian Number 0 0 0 0 0 0 Cost 0 0 _ 0 0 0 0 Table 10— Relocation and Real Property Acquisition CAPER OMB Control No: 2506 -0117 (exp. 02/31/2015) CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low- income, low- income, moderate - income, and middle- income persons served. Table 11- Number of Households One -Year Goal Actual Number of Homeless households to be provided affordable housing units 30 0 Number of Non - Homeless households to be provided affordable housing units 49 37 Number of Special -Needs households to be provided affordable housing units 0 0 Total 79 37 Table 11- Number of Households Table 12 - Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City provided funding to several nonprofit agencies to complete rehabilitation of single family homeownership projects as well as the creation of affordable units through acquisition and rehabilitation or new construction. In addition, the City operated a down payment assistance program, benefitting 18 low- income households. The City surpassed the estimated number of households to be assisted due to leveraging of partner resources. Discuss how these outcomes will impact future annual action plans. Future action plans will still heavily focus on rehabilitation of single - family homeownership properties but leveraged money will be used to determine the goal for affordable units. CAPER 10 OMB Control No: 2506- 0117(exp. 07/31/2015) One -Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 1 4 Number of households supported through Rehab of Existing Units 48 30 Number of households supported through Acquisition of Existing Units 4 3 Total 53 37 Table 12 - Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City provided funding to several nonprofit agencies to complete rehabilitation of single family homeownership projects as well as the creation of affordable units through acquisition and rehabilitation or new construction. In addition, the City operated a down payment assistance program, benefitting 18 low- income households. The City surpassed the estimated number of households to be assisted due to leveraging of partner resources. Discuss how these outcomes will impact future annual action plans. Future action plans will still heavily focus on rehabilitation of single - family homeownership properties but leveraged money will be used to determine the goal for affordable units. CAPER 10 OMB Control No: 2506- 0117(exp. 07/31/2015) Include the number of extremely low- income, low- income, and moderate - income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low - income 337 8 Low- income 68 9 Moderate - income 13 2 Total 418 19 Table 13 — Number of Persons Served Narrative Information The City focuses heavily on lower- income households for its rehabilitation efforts. Alternately, the HOME program focuses on long -term affordability and assists low- to moderate - income households with incomes able to sustain the maintenance needs of homeownership. CAPER 11 OMB Control No: 2506 01171exp. 07/31/20151 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City's Homeless Assistance Team (HAT) provides street outreach services to the city's homeless population. Through a centralized intake office conveniently located downtown near the bus terminal, the HAT team reaches out to homeless individuals and families that are unsheltered to assess their needs and provide solutions, including rapid- rehousing through the Council of Community Services. Addressing the emergency shelter and transitional housing needs of homeless persons The City's ESG funding was used to provide emergency shelter and rapid rehousing of homeless individuals and families. See the ESG section for additional information. Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City partners with the Community Housing Resource Center, part of the Council of Community Services, to provide homeless prevention services. CDBG and ESG funds were used to provide homeless intervention programs to families in danger of becoming homeless. Through the coordination of a "No Wrong Door" policy, each organization is equipped to assist individuals who are released from publicly funded institutions in order to avoid homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City has signed on to the Governor's challenge to end veteran homelessness by 2016. Excellent progress has been made this program year toward achieving this goal. The city does not experience high levels of chronic homelessness as there is adequate space in the city's emergency shelters. The focus of most of the ESG funding received has been on rapid rehousing which has been effective in getting homeless persons into affordable, sustainable housing. CAPER OMB Control Na'. 2506 011) (erp- 02/31/2015) 12 CR -30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City of Roanoke has its public housing needs served by the Roanoke Redevelopment and Housing Authority (RRHA). The RRHA is a separate public body from the city and, therefore, provides all of the services to the citizens for the housing choice voucher program, Section 8 program, and public housing. No CDBG or HOME funds were invested this year in public housing activities and no additional public housing units were created. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership RRHA encourages residents to become more involved in management by having the management of the public housing units contained within the housing complexes themselves. Public housing households are encouraged to participate in homeownership through the Family Self- Sufficiency program that provides Section 8 Housing Choice Voucher payments towards the household's mortgage payments while the household receives job training and housing and budget counseling to ensure their success through homeownership. Actions taken to provide assistance to troubled PHAs Not applicable as the RRHA is not designated as a troubled agency. CAPER OMB Control No: 2506 -0117 (exp. 07/31/2015) 13 CR -35 - Other Actions 91.220(j) -(k); 91.320(i) -(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The Community Resources Division participated in the review of several plans during Program Year 2015, including the wireless master plan, amendments to the comprehensive plan, and several neighborhood specific plans. The city continues to seek opportunities for input into restrictive policies and procedures. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City received its annual allocation of ESG funding to address homelessness in the city. In addition, funding was provided to Blue Ridge Independent Living Centerto provide home modification services for low- income disabled families in order to allow them to remain in their homes. The City continues to provide training and outreach to underserved populations to encourage homeownership and responsible rental housing practices. Staff provides training at least once each quarter to several homeless shelters in the area to inform the residents of their rights under the Federal and State Fair Housing Laws as well as their rights under the Virginia Residential Landlord Tenant Act (VRLTA). This training helps to ensure that homelessness does not become a repeat in many of these individual's lives. Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j) The City received its annual allocation of ESG funding to address homelessness in the city. In addition, funding was provided to Blue Ridge Independent Living Center to provide home modification services for low- income disabled families in order to allow them to remain in their homes. The City continues to provide training and outreach to underserved populations to encourage homeownership and responsible rental housing practices. Staff provides training at least once each quarter to several homeless shelters in the area to inform the residents of their rights under the Federal and State Fair Housing Laws as well as their rights under the Virginia Residential Landlord Tenant Act (VRLTA). This training helps to ensure that homelessness does not become a repeat in many of these individual's lives. Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) In partnership with Habitat for Humanity in the Roanoke Valley, the City has endeavored to reduce the number of poverty -level families through the provision of homeownership assistance and substantial housing and budget counseling. A requirement for CDBG or HOME funded down payment assistance program is the provision of housing counseling services which assists families to better plan for their finances and, therefore, improve their financial situation through savings and by building equity. In addition, families currently living in poverty are provided information and referral to social and economic services that may make an impact on their financial situations. Actions taken to develop institutional structure. 91.220(k); 91.320(j) Staff continued to receive training this year. Two staff members attended the HUD Environmental CAPER CMB Control No'. 2506 -0117 (exp. 07 /31/2015) 14 training in the Charleston, WV field office in 2016. Two staff members attended the Virginia Association of Housing Counselors (VAHC) spring training in early 2016. One staff member attended the VAHC fall conference in fall 2015, the National Fair Housing Alliance conference in summer 2016, the National Community Development Association conference in spring 2016, and the Virginia Statewide Neighborhood conference in fall 2015 where the city received an award for the West End Targeted Area Revitalization Project. Staff continues to cross -train so that all staff are knowledgeable of all HUD rules and regulations. Additionally, staff began using the HERDS system to input the environmental reviews which will assist with the compliance to environmental regulations. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City of Roanoke meets regularly with social service and public and private housing organizations in conjunction with the Roanoke Regional Housing Network, the Blue Ridge Interagency Council on Homelessness, and the Housing Partnership. In addition, members of these types of organization are on the city's Fair Housing Board which provides training and interaction on fair housing and accessibility issues to more than 400 individuals yearly. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In order to overcame impediments to fair housing choice, the City of Roanoke has an active Fair Housing Board that works to provide education and outreach on the topic of fair housing choice to local residents and housing professionals. More than 400 people attended two trainings offered during the program year, including two specialized classes regarding hoarding as a disability and companion /emotional support animals. CAPER 15 OMB Control No: 2506- 0117 (ex, 07/31/2015( CR -40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The Community Resources Division maintains a Risk Analysis policy that requires that each activity undertaken with federal funds have a completed risk analysis worksheet. This worksheet determines whether or not there must be on -site monitoring or whether the activity can receive desk monitoring. All CDBG and HOME projects that have liens placed against the property have ownership and occupancy verified annually through a bulk mailing. This ensures that the properties remain the primary residence of the funding recipient. All ESG funded properties are monitored annually to ensure that their facilities pass the necessary inspections and that those individuals residing in those facilities are protected. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. An advertisement was placed in the Roanoke Times newspaper on Thursday, August 18, 2016 with a 30 day public comment period commencing on Friday, August 19, 2016 and ending on September 20, 2016. This comment period and advertisement corresponded with that which is denoted in the city's Citizen Participation Plan. A public hearing was also held by city council in conjunction with the Citizen Participation Plan on Monday, September 19, 2016. No comments were received during the 30 -day public comment period. CAPER OMB Control No 2506 -011) (ex, 07/31/2015) 16 CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. There were no changes in the program objectives for Program Year 2015. The City still invests a majority of its funding within targeted areas within the city. This policy increases the likelihood that such targeted areas will become free from blight and blighting influences and become a desirable neighborhood for all socio- economic classes to reside. Does this Jurisdiction have any open Brownfields Economic Development No Initiative (BEDI) grants? IBEDI eranteesl Describe accomplishments and program outcomes during the last year. CAPER 17 OMB Control No 2506-0117 1exp. 07/31/2015) CR -50 - HOME 91.520(d) Include the results of on -site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. The City does not allocate HOME funds to affordable rental housing, therefore no rental housing units were inspected on site this program year. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(6) All of the city's HOME funds were allocated to Habitat for Humanity in the Roanoke Valley. As such, there is a built -in pre - existing market for homeownership within the applicants and waiting list for Habitat homes. Habitat has been very successful in reaching out to the refugee and English as a second language (ESL) populations. Habitat is marketed through newscasts, community gatherings, ribbon cutting and other ceremonies, and through word of mouth. Individuals are accepted into the program based on their ability to repay a mortgage and cooperate with the Habitat building process. If the household has credit or other issues barring them from participating, the household is assisted through housing counseling to become self- sufficient in order to obtain the Habitat mortgage. Interpreters are provided when necessary to ensure equal access to housing. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics During the program year, the city received $64,439.00 in program income from previous HOME funded activities. Of this amount, $64,339.00 was drawn during the 2015 program year. The program income was drawn for the following activities based on their IDIS activity numbers: 1816 - 1418 Chapman Ave. New Homeownership - Habitat for Humanity 1843 - 1406 Hanover Ave. New Homeownership - Habitat for Humanity 1718 - Community Housing Partners West End Conversion Project for New Homeownership 1833 - 1314 Chapman Ave. New Homeownership - Habitat for Humanity 1832 - 1308 Chapman Ave. New Homeownership - Habitat for Humanity 1829 - 1218 Fairfax Ave. New Homeownership - Habitat for Humanity Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). CAPER OMB Control No 2506 0117 (exp. 07/31/2015) 18 91.320(j) The City of Roanoke continues to operate the HOME program as a recapture program with shared appreciation. The sharing of appreciation allows the city to reinvest that program income back into the affordable housing programs and ensure more households can be assisted. The city also supported the RRHA's submission of an application for the Choice Neighborhood Grant which would have provided for several hundred affordable rental units. This yearthe city invested its allocation of HOME funds into the Melrose - Orange Targeted Area (MOTA). This area was chosen due to its high concentration of alder homes, poverty and minorities. As such, the priority is not only on building new homes, but rehabilitating and reoccupying abandoned, dilapidated, or dilapidating homes. As part of this process, the city has chosen to focus on this area because it does not contain a historic district that may cause costs to rise. This will assist the city to assist many more households than would have been assisted had there been a historic district. CAPER OMB Control No 2506- 0117(exp_ 07/31/2015) 19 CR -60 - ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in a -snaps For Paperwork Reduction Act 1. Recipient Information—All Recipients Complete Basic Grant Information Recipient Name ROANOKE Organizational DUNS Number 006704316 EIN /TIN Number 546001569 Indentify the Field Office RICHMOND Identify CoC(s) in which the recipient or Roanoke City & County /Salem CoC subrecipient(s) will provide ESG assistance ESG Contact Name Prefix Mr First Name KEITH Middle Name L Last Name HOLLAND Suffix 0 Title Community Resources Program Administrator ESG Contact Address Street Address 1 Street Address 2 City State ZIP Code Phone Number Extension Fax Number Email Address ESG Secondary Contact Prefix First Name Last Name Suffix Title Phone Number Extension Email Address 215 Church Avenue Room 3005 North Roanoke VA 24011- 5408536404 0 5408536597 KEITH. HOLLAND @ROANOKEVA.GOV 2. Reporting Period—All Recipients Complete Program Year Start Date 07/01/2015 Program Year End Date 06/30/2016 CAPER 20 OMB Control No', 2506 0117 (e., 07/31/2015) 3a. Subrecipient Form — Complete one form for each subrecipient Subrecipient or Contractor Name: ROANOKE City: Roanoke State: VA Zip Code: 24011, 1517 DUNS Number: 006704316 Is subrecipient a victim services provider: N Subrecipient Organization Type: Unit of Government ESG Subgrant or Contract Award Amount: 7373 Subrecipient or Contractor Name: COUNCIL OF COMMUNITY SERVICES City: Roanoke State: VA Zip Code: 24004, 0598 DUNS Number: 926483611 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non - Profit Organization ESG Subgrant or Contract Award Amount: 67571 Subrecipient or Contractor Name: Family Promise Emergency Shelter City: Salem State: VA Zip Code: 24153, 3758 DUNS Number: 153503862 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non - Profit Organization ESG Subgrant or Contract Award Amount: 26500 Subrecipient or Contractor Name: Trust House Homeless Shelter City: Roanoke State: VA Zip Code: 24016, 3920 DUNS Number: 011548224 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non - Profit Organization ESG Subgrant or Contract Award Amount: 37000 CAPER 21 OMB Control Na'. 2506-0117 (ex, 07/31/20151 CR -65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 40 Children 40 Don't Know /Refused /Other 0 Missing Information 0 Total so Table 14— Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re- Housing Activities Number of Persons in Households Total Adults 9 Children 3 Don't Know /Refused /Other 0 Missing Information 0 Total 12 Table 15 - Household Information for Rapid Re- Housing Activities 4c. Complete for Shelter Number of Persons in Households Total Adults 161 Children 66 Don't Know /Refused /Other 0 Missing Information 0 7 Total 227 Table 16 — Shelter Information CAPER OMB Control No :2506 -0117 (exp. 07/31/2015) 22 4d. Street Outreach Number of Persons in Households Total Adults 552 Children 0 Don't Know /Refused /Other 0 Missing Information 0 Total 552 Table 17 — Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons in Households Total Adults 762 Children 109 Don't Know /Refused /Other 0 Missing Information 0 Total 871 Table 18— Household Information for Persons Served with ESG 5. Gender — Complete for All Activities Table 19— Gender Information CAPER 23 OMB Control Na '.2506- 01171exp. 07/31/20151 Total Male 603 Female 265 Transgender 3 Don't Know /Refused /Other 0 Missing Information 0 Total 871 Table 19— Gender Information CAPER 23 OMB Control Na '.2506- 01171exp. 07/31/20151 6. Age — Complete for All Activities Table 20 - Age Information 7. Special Populations Served — Complete for All Activities Number of Persons in Households Subpopulation Total Under18 157 18 -24 69 25 and over 645 Don't Know /Refused /Other 0 Missing Information 0 Total 871 Table 20 - Age Information 7. Special Populations Served — Complete for All Activities Number of Persons in Households Subpopulation Total Total Persons Total Persons Total Served– Served – RRH Persons Prevention Served in Emergency Shelters Veterans 5 3 0 71 Victims of Domestic Violence 11 2 2 44 Elderly 1 1 0 7 HIV /AIDS 2 2 0 1 Chronically Homeless 0 0 0 0 Persons with Disabilities: Severely Mentally III 25 19 6 98 Chronic Substance Abuse 10 0 4 89 Other Disability 36 19 _ _ 0 92 Total (Unduplicated if possible) 90 46 12 151 Table 21– Special Population Served CAPER OMB Control No 2506- 0117lexn. 07/31/20151 24 CR -70 — ESG 91.520(8) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units - Rehabbed 0 Number of New Units - Conversion 0 Total Number of bed - nights available 14,235 Total Number of bed - nights provided 12,546 Capacity Utilization 88.13% Table 22— Shelter Capacity 11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s) Outcome Statement (Homeless Prevention): By providing financial assistance, at least 60% of all eligible households will remain in permanent housing and achieve sustainability of decent housing and a suitable living environment. Result: Of the number of individuals assisted, all (100 %) were able to remain in their homes. CAPER 25 OMB Control No 2506-0117 (exp. 07/31/2015) CR -75 — Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Table 23 - ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re- Housing Dollar Amount of Expenditures in Program Year 2013 2014 2015 Expenditures for Rental Assistance 20,880 0 0 Expenditures for Housing Relocation and Stabilization Services- Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 0 33,946 44 ,713 Subtotal Homelessness Prevention 20,880 33,946 44,713 Table 23 - ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re- Housing Table 24— ESG Expenditures for Rapid Re- Housing 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year 2013 2014 2015 Expenditures for Rental Assistance 628 0 26,858 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 26,936 0 Subtotal Rapid Re- Housing 628 26,936 26,858 Table 24— ESG Expenditures for Rapid Re- Housing 11c. ESG Expenditures for Emergency Shelter Table 25 - ESG Expenditures for Emergency Shelter CAPER OMB Control No: 2506 -0117 (ex, 07/31/2015) 26 Dollar Amount of Expenditures in Program Year 2013 2014 2015 _ Essential Services 0 0 0 Operations 0 40,568 53,500 Renovation 0 0 0 Major Rehab 0 0 0 Conversion 0 0 0 _ Subtotal 0 40,568 53,500 Table 25 - ESG Expenditures for Emergency Shelter CAPER OMB Control No: 2506 -0117 (ex, 07/31/2015) 26 lld. Other Grant Expenditures Table 26 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended Dollar Amount of Expenditures in Program Year _ 2013 2014 2015 HMIS 0 6,000 6,000 Administration 2,173 3,500 4,173 Street Outreach 0 5,000 3,200 Table 26 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2013 2014 2015 269,875 23,681 110,950 135,244 Table 27 - Total ESG Funds Expended llf. Match Source Table 28 - Other Funds Expended on Eligible ESG Activities Slg. Total Total Amount of Funds 2013 2014 2015 Other Non -ESG HUD Funds 0 8,500 31,500 Other Federal Funds 0 0 0 State Government 0 0 0 Local Government 0 0 13,500 Private Funds 0 94,000 165,000 Other 0 26,500 26,500 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 1 0 1 129,000 236,500 Table 28 - Other Funds Expended on Eligible ESG Activities Slg. Total Total Amount of Funds 2013 2014 2015 Expended on ESG Activities 635,3751 23,681 239,950 371,7441 Table 29 -Total Amount of Funds Expended on ESG Activities CAPER OMB Control No '.2506- 0117(ex, 07/31/2015) 27 The Next Big Things Report City Council Members participated in a future planning exercise at the City Council Retreat held on September 23, 2016. During that exercise Council members looked at The Next Big Things Report created by the Alliance for Innovation. The Alliance for Innovation is a Phoenix based non - profit organization that prepares local governments for future challenges. It partners with Arizona State University and the International City /County Management Association. The Alliance published The Next Big Things Report in September 2015 focusing on what could impact communities one generation (20 years) from now. The report identifies four forces and 44 trends that could impact communities. The four forces include resources, technology, demographics, and governance. The following are the definitions of the four forces courtesy of the Alliance for Innovation: Resources The availability of resources is most closely tied to survival. It is the most important force. Resources include the food, water, air, habitat, and other material nature offers. Especially important are the resources that enable energy production. Trends and resource drivers related to this force include climate, ocean, space, energy, minerals, water, land, food, animals, and forest. Technology Technology includes the tools and knowledge we use to extract and transform resources into new products and capacities that make our lives more comfortable and convenient, or to develop capabilities beyond our physical bodies that allow us to go places and discover new realities. Trends and drivers related to this force include genetics, robotics, information, nanotechnology, healthcare, education, collaboration, virtual reality, games, telephony, manufacturing, infrastructure, and capital formation. Demographics Demographics are the "who' behind society's changes. People are producers. We produce through our physical and intellectual labor, so "who" is producing matters, e.g., Does your community have enough working people to support your very young and very old ?; Do you have the right ratio of women to men ?; Is there enough social cohesion among groups to ensure the good of the community? Trends and resource drivers related to this force include population growth, the developing world, industrialization, immigration, multiculturalism, multilingualism, nationalism, and conflict. Governance Distribution and management of society's assets — resources, technology and people —are administered through the rule of law and the rule of markets. Of all the forces, governance is the most reactive, i.e., changes in resources, technology, and people often run ahead of government's capability to deal with them. Trends and drivers related to this force include tribalism, market drivers, values, interests, beliefs, online communities, personalization, polarization, and identity politics. Each of the 44 trends falls under one of the four forces. Council members charted 15 of the 44 trends based on the level of certainty that the trend will occur in Roanoke and the Roanoke Valley, and whether the trend will have a high or low impact. (A photograph of the chart is included in Appendix A. A definition of all 44 trends is included in Appendix B, courtesy of the Alliance for Innovation.) The following trends were predicted by Council members to have a high certainty of occurring and a high impact: • Fiscal Uncertainty • Declining Federal Government Effectiveness • Structural (Youth) Unemployment • Middle Class Map • Sharing Economy The following trends were predicted by Council members to have a high certainty of occurring and mid -level impact: • Carless Communities • Trust in Government • Mass Migration The following trends were predicted by Council members to have a high certainty and low impact: • Water Shortages & Access • Food Insecurity The following trends were predicted by Council members to have a mid -level certainty and impact: • Infrastructure Overhaul • Climate Change The Tribal & Identity Politics trend was predicted by Council members to have a high certainty of occurring and a low impact. The goal of Alliance for Innovation is to have local government leaders continue conversations about what may impact their communities in an effort to form resilient communities. 'Being a resilient community means honestly assessing vulnerabilities, being willing to consider the worst case scenarios, and investing now to be future - ready." (Alliance for Innovation, Next Big Things Report, 201 5) To view the entire report visit http://transformqov.org/en/research/the_next-big-things Appendix A Appendix B BIG T H I N G S Download Report at www.tranSformgov.org 1.Climate Change Climate change affects our oceans, fresh water, arable land and food sources, and animals. Not only are climate- change events like rainstorms, hurricanes and tornadoes growing more intense the cost of their damages is increasing over time. The United States is the only country where cities report low levels of integration of climate change across different local government ans. 2. Food Insecurity As the planet gets hotter, droughts will drag on longer and with greater intensity. This will lead to decreases in food production, and increases in food prices. 3. Water Shortages & Climate change is making drought the new normal and is having a huge impact on water Access availability. By 2025, two - thirds of the world's population will be living in water- stressed conditions. By 2030, half of the world's population will live in "high water stress' areas. 4.Energy Grid The energy grid's transformers and substations were not designed to be protected from Disruption physical attack. Many of them sit idly in rural areas, protected by little more than a chain -link fences and guarded by a camera. Many communities are investigating local grid development to ensure more reliable energy sources. 5. Mining Two sources of mining will unlock greater energy resources in the next twenty years: Hydraulic Fracturing is used to access natural gas. It is creating jobs in the energy sector and is also being studied for its impacts on water and air safety. Deep Sea Mining is used to uncover polymetallic nodules, which are used in everything from electronics to wind turbines and hybrid cars. As with tracking, environmental concerns includes the loss of habitat are expected. 6.The "NORC" Shift The Northern Rim countries lie north of the 45 parallel and will be beneficiaries of climate change. They will experience longer growing seasons and produce more food. And they will also have less ice, which will enable easier shipping routes and access to fuel and nonfuel resources. They may also be the recipients of massive in- migration from other, hotter and drier arts of the world. .,7 7. Digital Citizens In the next 20 years, Millennials and the Generation (2002-2022 est.) will define what it means to be a digital citizen. It is often defined as those who use the internet regularly and effectively. Government will be thinking about how technology can enhance the experience of democracy. And he can local overnments Ievera a technology to become more relevant to citizens. B.Sharing Economy Generally means eliminating the middleman to share resources, products, and services directly between users, usually via technology. Think Uber, AirBnB, crowdfunding. The sharing economy is growing as more online customers are willing to participate in sharing communities. Local Governments must figure out how or if to tax these services and how to manage user safety, equity, and keeping a level playing field for existing businesses. 9. Education Reform In the U.S. student achievement has been slipping for over a decade compared to other countries. New models of teaching and learning will transform education, and technology will enable it. But technology is not the cure — educator and innovator Jordan Shapiro encourages a cultural shift in how we think about what it means to learn because we're shifting what you need to learn. 10. Open Innovation Open innovation is harnessing inventiveness from outside organizational walls. For example, Netflix announced a $1 Million prize for anyone or any team that could develop an algorithm to improve the accuracy of movie predictions for its customers. Local governments are starting to catch the wave in New York and San Francisco by using contests to develop apps from open data. 11. Behavioral We're wired to behave as others do. In the next 20 years, behavioral insights, coupled with big Insights data, will have a huge impact on local governments. Behavioral insights show that things like '.. how government forms are designed impact outcomes, e.g. organ donation is the default option, organ donation increases. 12. Unmanning We have entered the age of robots, artificial intelligence and smart cities. These technologies make our lives easier and they also eliminate the need for human workers. Researchers A BIG T NG_ Download Report at www.transformgov.org 36. Hyper- As a response to globalization, some communities are going hyper - local, inventing their own localization local currencies, creating time banks, creating their own hyper -local media sites, and getting off the grid. Example includes Ithaca, New York, which created its own currency. Ithaca dollars can be exchan ed local) and are acce ted at man local retailers. I 97. Declining In the developed world, national governments have less money or are going broke, many Federal states and provinces have become ideological battlegrounds, and cities still have problems. Government National governments are failing in the eyes of their citizens, who see them as remote and Effectiveness removed. 38. Trust in Trust in the national government is at an all -time low in the United States. Trust in local Government government creates a competitive advantage for those local governments with the vision and ambition to reinvent and become more relevant to citizens. 39. City-to -City City leaders are increasingly forming their own global or regional coalitions to address their Collaboration most pressing issues (e.g. the C40 includes forty of the world's largest cities committed to mitigating climate change). 40. VUCA A common term used when training military leaders is 'VUCX an acronym for Volatile, Leadership Uncertain, Chaotic and Ambiguous. This is precisely the environment that local government leaders are inheriting as tax revenues fall, staff retire or leave early, citizens' expectations increase, and more of the "problems" in society fall to local governments to solve. The VUCA environment is not likely to diminish soon, and local leaders can either bury their heads or they can embrace this opportunity to reinvent local government. 41. Citizen Over the next twenty years, next - generation citizens will become the majority of our citizens. Engagement They don't "show up" to place -based events in traditional ways. Citizen engagement — how it's tanned, executed, incorporated and measured will be key. 42. Direct In the age of social media and real time digital communication, some residents are calling for Democracy more direct democracy. In the U.S., the use of ballot initiatives is a traditional form of direct democracy, but the day elo ment of new technologies has expanded the possibilities. 43. Corporate and In January 2010 the Supreme Court issued Citizens United, which allows companies and Special Interest unions to make unlimited contributions to pay for political ads and other election tools. Since Influence then, concerns about the ruling's impact on public policy began to escalate. More money is now flowing into elections. And the Sunlight Foundation reports there is at least a corollary connection between corporate political donation and payoffs. 44. Fiscal As nations and states transfer more responsibilities to local governments, we have the Uncertainty challenge of "too little money chasing too many needs." Some local governments in the U.S. are overwhelmed by debt. Nine cities, towns and counties have filed for Chapter 9 bankruptcy since January 2010. The two primary drivers of local government's expenses are pensions and healthcare costs. 44 BIG r H ry G s Download Report at www.transformgov.org estimate by 2035 nearly half of all occupations in America could be automated. 13. Decentralized Imagine being able to print at home what you want to buy. Wake Forest Baptist Medical Manufacturing & Center's Institute for Regenerative Medicine is collaborating with others to 3 -D print bones, 3 -D Printing skin, muscle tissue, cartilage, and kidneys. How will 3 -D printing and Decentralized manufacturing impact your community's sales taxes, industrial parks, and employment? —1-4— Digital Bitcoin is a global, digital currency that has several desirable features: it moves from sender to Currency receiver instantly, it is hard to dupe the system due to its cryptography and open ledger (called the blockchain), and it is cheaper than traditional payment systems because it is exchanged free of a central authority (like a central bank). The blockchain has the potential to transform how assets are transferred and tees are collected. 15. Carless Helsinki, Finland has set an ambitious goal: to eliminate private cars and create a public, on Communities demand mobility system by 2025. This system will operate through mobile apps and be used to book and pay for any multi -modal trip (bus, train, taxi, bicycle and car - sharing). The trend towards fewer next- geners buying cars is global and future -ready cities will be prepared to mobilize citizens without private cars. 16. Infrastructure America's infrastructure is failing. In the 2013 report card, by the American Society of Civil Overhaul Engineers, America's infrastructure received an overall grade of D +. McKinsey estimates that it will cost $57 trillion to build and maintain all the infrastructure needed worldwide through 2030. 17, New Financial To fund the world's infrastructure new investors including insurers, pension funds, endowments Partnerships and sovereign wealth funds are entering the markets while Public Private Partnerships are aggregating a wider pool of global investors. Global investment no longer flows primarily from the north to the south. Many municipalities and states are turning to PPP's and other complex funding mechanisms to build public infrastructure. Crowdfunding is being used to fund civic o ects. 18. Microgrids Microgrids are self- contained energy grids that ensure a community has a reliable electric supply when access to their normal supply is disrupted which could be caused by extreme weather events, physical, and /or cyber- attacks. We will see more microgrids in our communities because of four factors: state incentives, cheap electricity storage, the increased likelihood of super storms and the increased likelihood of a c ber- attack. 19. Off - Gridding Local communities will generate more of their energy from renewable sources like wind and solar, or natural gas fuel cells. Local communities will also store more of their own electricity. In some locations there will no longer be a shared electric grid. It is anticipated that for rural locations, it will be cheaper for the utility to install distributed generation (DG) with a storage device than to continue to maintain long distribution lines. 20. Electric Vehicles In the near term, we will see more electric vehicles in urban areas. In the long term, the entire transportation fleet may switch to electric. In addition, electric vehicles will be used as energy storage which can be called upon to assist the electricity grid when more supply is needed. To put this in perspective, an 85kW h Tesla battery can store the equivalent of almost three days of power for the average U.S. household. 21, Water Recycling In 20 -50 years we won't be using drinking water to flush our toilets. We'll be recycling our gray water for use in our gardens and toilets, and flushing only sewage to the local wastewater treatment plant. This will require a change in many state and local plumbing laws, challenge infrastructure retrofit, pricing dynamics, impact on revenues, changes to water treatment rotocols, and re- use /dis osal of sludge as a resource. 22. Desalinization As states and countries look for freshwater, many look to the oceans where 96 percent of our water lies. Currently, about 150 countries rely on "desalinization" to meet their fresh water requirements. California's new Carlsbad Desalinization Plant is coming online in 2016 and is gaining a lot of attention. 23. Nanotechnology Working with things that are small, really small; things so tiny that they can't be seen with a standard microscope. Nanotech is used in everything from sunscreen to carpet stain resistors to medicine. Scientist working in the field estimate that it could have a transformative effect, BIG rn Download Report at www.transformilorg not only on what is developed but how we manufacture things. Atomically precise manufacturing, or APM, could replace enormous, exhaust - belching factories with cleaner, smaller and more agile Supply chains. Think of it as precise 3 -D printing in a box. 24. Tech - Enabled Healthcare is undergoing a transformation. In the future patients may not have to visit their Health Care doctor for routine medical exams. Big data will be used to discover more about diseases and effective treatments. Patient health records can be shared between hospitals and emergency res onse teams. And doctors-in-training are being required to learn better bedside manner. 25. Biomimicry The study of nature to solve human problems. Local governments are benefiting from the Lilly Impeller, which circulates municipal water tanks with minimal energy to prevent stagnation. Its design is based on the geometries repeatedly found in nature, which are known to reduce friction and dra . 26. Tribalism & Identity politics are political arguments that focus on the interests and perspectives of specific Identity Politics groups. These groups can turn into movements or strong voting blocs. 27. Structural Due in part to the global talent pool and the deep investments made worldwide to automate (Youth) our factory floors and our lives, we could be facing a 20 -year period of structural UnemplDyment unemployment. 28. Civil Rights A young generation aching for a better future, a future where civil rights, women's rights, Spring religious freedom and basic human dignity are upheld by their governments, who rule wisely and control police militarization. Until that better future comes into view, expect youth -led revolts and u risin s like OccupyWall Street or student protest like those in Quebec. 29. Mass Migration Whether due to conflict, climate change, natural disasters, or the desire to earn more, Migration will continue to create dynamic population shifts for many communities. This trend may impact properly or income taxes, and the cost of providing services. Mass migration can have a destabilizing force on both the community that's losing citizens and the one gaining citizens. Handled well, in-migration can also strengthen and revitalize communities. 30. Middle Class The global map of the middle class will continue to change in the next 20 years, affecting local Map governments in direct and indirect ways. Overall, North America and Europe's share of the middle class will decrease to 7% by 2030, while Asia - Pacific's share will drastically increase from 38% in 2009 to 66% in 2030. 31, Elder Expense Many countries are facing a "Baby Boomer bulge" when the share of citizens over age 65 begins to increase. This puts immediate and direct pressure on local governments, which are expected to pay pensions benefits to retiring public employees. It also puts pressure on national and state budgets. Another issue is the retirement age. When social security was '.. invented in the U.S., there were 14 employees supporting every retiree. This ratio is estimate to fall to 4:1 four workers supporting one retiree by 2050. 32. Urbanization: Rapid urbanization is at a crossroads; it will either result in greater economic prosperity or Mega & Mid- greater unrest. But urbanization's opportunities aren't limited to mega- cities. In developed Sized countries, the rise of "medium cities" especially those between one and two million people, will outpace the growth of larger urban centers, both in population growth and economic impact. Already in the U.S. mid -sized cities account for more than 70% of GDP. 33. Rural v. Urban As more people move to cities, a rural versus urban split may widen. As a response, politicians may adopt a "cities-are-the-enemy' approach to running for office and governing. 34. Smart Citizens The "software" or people side of the city is just as important as the "hardware' (technology). Smart Citizens are those who can engage with technology to make their daily lives more convenient or to make their cities better. 35. Nomadic As the global talent pool becomes more educated and jobs become more digital, some Workforce communities and countries are aggressively positioning themselves to attract this highly skilled, nomadic workforce. This "attract talent, not companies" strategy will require communities to rethink ideas like "citizenship" and "economic development." 9/22/2016 • Adoption of HUD Annual Report (CAPER) • Alliance for Innovation Exercise • Setting the Stage — Vision, Guiding Principles, and Priorities • Revenue Trends • BFO Priorities /Offers • Reserves • Outside Agency and Public Arts Funding • FY2018 Strategic Issue Discussions • Priority Confirmation and Direction • CDBG Overview • Parking Fund Review • Capital Improvement Plan Overview • Budget Briefing Opportunities • What Should We FOCUS on? • Additional Items for Discussion by Mayor and Members of Council 9/22/2016 • Phoenix based non - profit • Prepares local governments for future challenges • Partners with Arizona State University and ICMA • Published Sept. 2015 • What could impact communities one generation from now? • Fourforces — Forty -four trends 9/22/2016 • Resources —The availability of resources (Food, water, air, habitat, and other material offered by nature.) • Technology — Tools and knowledge to extract and transform resources into new products (Example: generating energy from renewable resources.) — Capabilities that make our lives more comfortable or are beyond our physical bodies (Example: unmanning or use of robots.) • Demographics —The "who" behind society's changes (Examples: elder expense, middle class map, smart citizens.) • Governance — Distribution and management of society's assets (Examples: locality -to- locality collaboration, declining federal government effectiveness, and fiscal uncertainty.) The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, grow, play and prosper • Operate with a long -range view on resiliency and community impacts • Adhere to sound fiscal policies and procedures • Maintain current assets • Engage in partnerships that advance the region • Invest in initiatives to grow the community and region • Invest in employee development and compensation • Focus on Council adopted priorities 9/22/2016 4 �....�r... w. v OSafety �=Ewnomy ,nawwmr�r kmmm..nr. Livability Edw,atlon �e+.�• ^e^e�^^�� GoaG" mwrrmrou..,ren�� � `lIn /lI mmm.�M �mm.•� a„„, ^,m wea,,,i,n InfrasWdure GovemmenL°"r,"�,°m �, _ mr.mmewo^m ^wmw:i.w.00"ie n `HUman� w.,iaroin.-mu wemeu Services ere amaam. m y s rpbwW uleywr^cbrrz n�xnen Selected Taxes as a percent of Total Revenue — 2017 Adopted 9/22/2016 5 Assessed Value of Real Property Increased $66,983,600 or 1.0% from 2016 IY 2012 "2013 FTmu FY M15 FT P010 FY An InnaidtiM hnxia Source: Commissioner of Revenue Land Book 2016 Real Estate Revenues Exceeded Previous Highest Year of 2012 Min. $00.0 N00 508.0 $20.0 f- FTP013 FY P019 Fyn" FY 2013 FY M1f FYP017 (unaimm) •miaw «a.. n.v e.vn.a rn0 a�n..e Fm.nepM t�v v toss 9/22/2016 2 Sales Tax Receipts Increased from 2016 mill.. su.. su.o su.. w.o M. M. µ. w. Business /Professional /Occupational Licenses (BPOL) Increased $656,000 or 5,1% from 2016 will.. {w. sNA {1fA fl... w.. w.. µ. uA 00 ,vzmf er zws .rzw. nmif nm{rv..wm.r.mn.www 9/22/2016 7 Prepared Food and Beverage Tax Increased $295,000 or 1.9% from 2016 > ll", 1,..4 f,<o f „o f,5.5 ,.5 ,.o KS u.5 u.5 I5555 nx14 rvf555 "m55 M..."mfrw Transient Occupancy Tax Increased $294,023 or 6.8% from 2016 Mill- .l, MS fA0 S15 f10 ff.0 51.5 51.0 505 WD 9/22/2016 Intergovernmental Revenues Have Not Yet Returned to Pre- Recession Levels sw.o ua.o sm.o smo smo smo nao t nmoo nmw r. mu Homo nano mm� N�.wmO bogw Revenue Adjusted for Inflation (The City has $22.7 Million Less in Buying Power in FY 2017 than in FY 2008) suo sm, s..e w, 9/22/2016 M Maintains current levels of core services with limited service enhancements Includes additional funding for strategic investments — Sheriff Career Enhancement & Deputy Positions — Peak Time Ambulance Staffing — Police Body Cameras and Ammunition — Human Services funding — Library Books and Materials — Broadband Authority — Fleet Replacement — Marketing Initiatives — Street Paving — Park Maintenance — Sealed Compactor Expansion — Competitive Compensation Total Budget N Depanmenbll $281,092,000 $24,601,692 \ 9% edu.Wn $82.480.731 29% safely $88,174,548 24% 9/22/2016 10 9/22/2016 11 Early Succeuwl>weene Leamirgl Support Of .Femnma.ammumy School Reatliness K -12 Educabonal wuea mncnnle.ml�q Programs cnlamleivw. eC.tWlrgAwmallwminp •Femne>a mnnnlry velue8suppartleeminp ._______ - --------------- Adult Learning .woaece.ea ewn�eaotlzenry gwd<yususym�Awl✓�o� .A SkilleixaNace aWeeeaeb�ImYYltnarMpl j _ i .yryolplBe I Itl0> T n9 PoC�en 6Yfnlw�Mwmu„>e iBmiliB58 CMrtunlly veluea �•.W l�ens[aYrlW � � 2u00otl laeminp 9/22/2016 11 Annual Funding to Roanoke City Public Schools >M�A >ae.e >w.e sro.e sw.o >w.e xM.e sro.e Ma.o nmx Fvxdu Fr zOU sr zwrs 1 2017 lu�..eM�el amww Hab. FY 2013 m I,d,, pdMantl 2D It P—d Fa wM D—w TM NM1 wr F Y M1 1-2012 and 11 IM Jut, 1, M x slala°m vlal,�i�e _..__ •smalaeMyvB°Bme Prevention Responsivanas � eR ao�ama re.vMl.a Iwmmanre�loa�a maa rom lag a<�maeillry •Hezua mi119Mian � 'Nwc4va^aM NrwgM1 sui°n, t b resduim dCiMOgy ena IriM1aWpuB natiWaie vur Quail n Iimal requlellmeb H sunaaras Standards B laws Communication •Impl�men^eli0n 01 � s mingemm°encV me IauY ° �� �slai�atlevBmces •Kno-neasmeiesian •CAmmunirylnwlwment •communlry ewera�ess, nstBla9ic 0iannirg Nao-vw. eauca0m,interedi0n Crlm nelBdNl °" aai�a��°m oM°osonwxa •Pro1aCl Ne mnsnwum "•_ B laws •Pre9Nre lM1e Nledlew ,�duf�aemum 9/22/2016 12 • Police Patrol, Investigation and • Emergency Management Support • Street Lighting • Police Administration •City Prosecutors • Police Academy • Sheriff &Jail Operations • Signs and Pavement Markings • Police School Resource Officer • Fire Prevention/ Inspection/ • DARE Program Investigation Division • Drug Prosecutor • Fire and Emergency Services • Administrative Support of Juvenile & Operations Domestic Relations District Court • Fire -EMS Training Division • Police Animal Control & Protection Unit •Fire /EMS — Support and • Roanoke City Victim Witness Program Administration Services 'Office of the Magistrate • Roanoke Emergency Medical • Administrative Support of Roanoke City Services(REMS) General District Court • 9110pera • Residential Juvenile Detention Services • Building Safety Safety ty •Support Circuit Judges •Traffic Signals .P�e neemrena Prevention Intervengon sore uaenmmmae •Fair laenawuw •m Im 171-Y Ih 'FemilY InvyvanpnU oeaelwmentM A � �atkAPwm li P v4 m_naa •Inlprale Ciumnalnto •Rwo�e SMSUmGwcy m AaratiWUweXraum Acoessitxlity Caring .wer- A..wweana Ic Services Community .empw.wmem aawum •s.ww oelwy •Imd..man .FwdrpwNw eEUtt W W rgatlMNb¢ Ctlmn•rvNiadda ' somemronikmaw•avdme . m ', awN�wYS+rvsero+roraw.. . 9/22/2016 13 • Benefit Programs Division • Social Services — Family Services Division • Employment Services Programs • Comprehensive Services Act • Outreach Detention/ Electronic Monitoring • Youth Haven • Human Services Support • Resource Parent Training • Homeless Assistance Team HUD Grant — Match • Probation, Parole and Intake Services • Social Services — Administration • Enhanced Community Services (VICCCA) • Substance Abuse Counselor (VICCCA) Infrastructure I neighborluxuds, •FUrctional- •s.r..,,aw.uuJm.ineJ cwnar•nawwr •wlamm.i Equipment- •awlww• •sealo.nlam Vehicles Environment •a•il%IJI :m •w.wwvl � � •axnaaaty .a is • c%amHr Buildings, win.) •Eylawn Transi'aodatlon Parks, win.) {uncbaal Greenways lu.wbiln aurene 'warm •su:in•n• o rJ el N+wwwwry •�eal"w Technol •Eaa••r Imi•nwm• {iepianelism �].NY WJYLVWLW MSJrM a.ImpcnCYSi9Nwon { nrypnJl r ----------------- •RMlede Almponex i I i rYwYV� I 9/22/2016 14 • Bridge Safety Inspection Program • Bridge Rehabilitation and Renovation • Street Maintenance • Paving Program • Fleet Management • Technology Infrastructure Support • Facilities Management • Custodial Services • Enterprise Technology Support • Facilities Management • Snow Removal • Radio Technology Support • Environmental Management • Sidewalk Repair & Maintenance • Capital Project Management Services • Berglund Center HVAC • Median and Right of Way Landscape Maintenance • Central Business District Sealed Compactor Program • Map and Graphics Production • SWM Comainers and Distribution • Alley Maintenance • Library Technology and Innovation • Development Review & Inspection • Stormwater Permitting - General Fund High Efident& Performing Effect ""-a" Employees open ••,9�csuars�r�l g •RMlMeele•ncy w 4N a lnms. EWmm� Iaa lgy g Wdl na. N M ti c p P� crt. esw Effective Responsible Leadership Financial E uowa — Management l %enniy ammleeillry 9/22/2016 15 • Real Estate Taxation • Personal Property Tax Administration • Other Local Trust Taxes • Accounts Receivable Billing and Collections Services • Permit Center • Miscellaneous Revenue Collections and Administration • Payroll, Accounts Payable, Accounting& Financial Reporting • Municipal Auditing • Set Off Debt Collection Program • Business Applications Support • Business License Taxation • Taxation Programs Commonweakh of Virginia • Human Resources • Budget Development & Administration • Risk Management & Worker's Compensation Administration • ice of Communications • Retirement Plans Administration • Procurement Services • Cash Management and Investment Services • City Attorney • City Council • Contact Management Services • Auto and General Liability Claims Administration • Leadership, Management and Oversight • Conduct of Elections — Local /State /Federal • Safety Training Lou /Prevention and Control • Capital and Financial Planning • Handle Collection of Court Cos" and /or Fines for the Courts • Performance Auditing • Travel Policy Administration • Voter Registration Services • Circuit Court Clerk Performance of State Mandated Duties •save, dean and me aWBed ^ lyad dnalnw •— N- ol,aenent Valued, N ers '^d -ner la^" °°d• Engaged & Attractive M m.nno •waloenwre Iran rmed Community .manme s, land use and pemennw Community coaesmnpumw •Remwlerda. •Carpaeme eavlgnasa caedlwwmmmlwedn w&HnalMalnM nwawrsemedm swnure •eeiancee ronmunlry •uresa naadne a wlnrelewnssam ewbils Quality saa,awesslbls, •Reaeene, Amenitlea� ibility bleJCro one peasur� Manely WwTN1dX •Mlinudd ,libddadd% 'publk tranaponeuon anebealMybusmess •RepldnalconnMmly dl 100 nunesee'. aelvesandeaddessides, •crown ncaa PGld <dalntam nawrel unlade I'w ^m�avrrero•m•d s Ismmane ramm.arvs.sa. awn ._ csnapessu C.mdauss' aaw. e..u..mc.niem 9/22/2016 16 • Planning and Urban Design Services • Traffic Engineering, Transportation Planning, and Project Management • Library Books and Materials • Code Enforcement • Athletics • Landscape Management • Park Management • Urban Forestry • Community Recreation • Neighborhood Library Services • Outdoor Education • youth Development • SWM Trash Collection • SWM Collection Inspectors • HUD General Administration and IMernalty-Opemted Housing Programs • SWM Physically and Topographically Challenged Solid Waste Collection Services • SWM Bulk Collection • Community Sustainability Programming • SWM Brush Collection /Leaf Collection • SWM Operations (Call Center) • SWM Recycling Collection III weomdn weoworwmN � srerep<rrosr.m+m W.l7w1• MORnIRaPp nwanawwa Paoxl• Human Asset Capiml •unirecrocdixeuvlbn •xianarw•w+am Investment Develapmenl I 'flBBO°'w" Business Asset Gownmpx Rwxaea •Inlw'm•uon RP'paldxty DevelopmenntPromotion .a,a�w A.,.renwsa . Suw. EfleNro MaAetinp a""'•e�a�o• __ _ _ __ _ ___ _ •rresrea �eeaenmo Emnrcnmenl _ _. _.. •ucrosmuu•aoroa ems •confiam�a cmzarex r uxare _ 0 -re on �.wb. 9/22/2016 17 • Civic Center Subsidy • Budget Contingency • Salary Lapse • Line of Duty Act • Memberships and Affiliations • District Taxes (Williamson Road & Dowmo.) • Miscellaneous • Mini Grant/Donation Contingency • Miscellaneous Claims Contingency • GRTC Subsidy Public Transportation • Excess Debt Capacity • Transfer W Debt Serve • Transfer to Storm Water Utility • Transfer W Reserves • Dental • Extended Illness Leave • Medical • OPEB • Payroll Accrual • Reclassification Contingency • Termination Leave • Unemployment Wages • Workers' Compensation — Medical, Wages 9/22/2016 18 $3504 $HUO $LSOA $6WA $50.0 f Ky]a 6rq.a]6 Km`+6 vaxisx¢ 9-4 $1241' Nv31 9axa ]av] $y0.2 ]zfi].2 Smi6 5]]19 5a. $2311 5L19 R f]N3 $]l34 aKnq]uvrs S22L fn6.6 S2m1 7.S 529x3 S.a6.6 b21.9 ,234 KB.o sz6.o szo.a sew s+w s34 ha Unassigned Fund Balance 3e11 M]3 m+] rola 3a16 ryn�WYM� 3 ]]uayba 9/22/2016 ML. Five categories: Agencies funded by agreement —the amount maybe by contract or it may be discretionary • Sponsorships • Dues /Memberships • Human Service Advisory Board agencies • Roanoke Arts Commission agencies 9/22/2016 20 Dues /Memberships in FY17: VIBInia Municipal League $ ",510 guamla,- SlacicsOuMTechwlM COundl 51,000 Ransdpminlpn Up.. $2,M Funding recommendations in the future would be based on review and discussion by Budget Committee. 9/22/2016 21 Human Services Advisory Board (HASB): Human Services Advisory Board $909,052 • Going forward into FY18, the following additional agencies will submit their funding requests through this group: — LEAP -- $10,000 — Roanoke Community Garden Association -- $10,000 • The Board's funding allocation for FY18 will likely need to be increased to accommodate funding for additional groups. Roanoke Arts Commission (RAC): Roanoke Arts Commission $269,220 • Going forward into FY18, the following additional agencies will submit their funding requests through this group: — Taubman Museum of Art -- $70,000 • The Board's funding allocation for FY18 will likely need to be increased to accommodate funding for additional groups. 9/22/2016 22 Several agencies funded in the FY27 adopted budget do not fall into any of the new categorles: — Center in the Square -- $285,760 — recommend it be established as a "legacy" agency and treated as a line item in the budget — Total Action for Progress (TAP) -- $160,000 -- recommend it be established as a "legacy" agency and treated as a line item in the budget — Roanoke Regional Small Business Development Center -- $10,000 — recommend it be included as part of an Economic Development Dept offer Barring any unforeseen circumstances, outside agencies would no longer submit requests for General Fund funding as a line Item. All requests would fall into one of the above categories. Any exceptions would be reviewed on a case -by -case basis. Annual Budeet Allocation 2017 $21,50 2016 $32,20 2015 $38,90 2014 $89,00 2013 $9,40 2012 $43,00 2011 $3422 2010 $1237 2009 $78,09 2008 $235,0 2007 $32,0 The annual budget for the Percent for the Arts program is equivalent to one percent (1 %) of the construction cost for each new construction or major renovation of public buildings included in the CIP, with a maximum allocation of $100,000 per eligible project. 9/22/2016 23 X14 State budget shortfall - $1.2 billion for the current biennium — $564.4 million in FY 2017 — $632.7 million in FY 2018 — Uncertain of impact on localities Local revenue growth is expected to create challenges Medical insurance rates increasing 10% for Calendar Year 2017 Renewal — 34% increase in medical claims — 15% increase in pharmacy claims — Making revisions in benefit structure Pension fund investment performance will impact annual required contribution State Revenue Sharing funds not allocated for paving and sidewalk maintenance Competitive Compensation Equipment Replacement A.w w..me.`.w. ` Safety =E. wnare.a m„"..ar. Livability Education no x��•�.nmw� �watr � � a�..•.��ree Gootl"•mroM M,,,a,,,,•,www. wooero Inhastructire Govemmenl«°,unm . iro=.= �,.e.^=^°°° °. tl.��'•' ®Human ' ""'m "• "'n. aia. Services .umemroro�.m wwv,row•.e�°u�.� "w. m.v.n mew.w,..ere. 9/22/2016 24 :rte ts.rsaaw ': sawnm uaw� sxsw.mo .mwr.w susomo s:omo suomo as0000 w Annual funding for the Community Resources division is comprised of the Community Development Block Gram (CDBG), HOME Investment Partnership Program, Emergency Solutions Gam (ESG), as well as some additional program income that varies from year to year. Over the 12 year period shown, CDBG ErRhlement funding has decreased by 31 %, and NOME funding has decreased by 49 %. Focus areas for these funds have included: • 2002 —2006: SE By Design, $9.0 million investment (public and private) • 2004 -2008: Gainsboro, $6.4 million investment (public and private) • 2007 -2012: Hurt Park, $7.0 million invested (public and private) • 2011 -2016: West End, $10.3 million invested (public and private) • Current: Melrose- Orange, $1.6 million invested so far (public funds) The Melrose- Orange Target Area (MOTA) is the primary focus for 2016, and will include: • Rehabilitation of owner -occupied housing • New home ownership development • Infrastructure planning 9/22/2016 25 • Parking Fund As an Enterprise Fund — Manages 4,000 off street parking spaces in (7) Garages and (4) Lots; — Manages and ensures turnover of over 3,000 On- Street Parking Spaces; — Provides parking to support businesses /events, residents, tourists, and student parking demands; — Ensures that revenues are sufficient to recover operating /non- operating costs (debt service) and life cycle maintenance of parking assets; — Strives to maintain reserve to address capital needs of the Parking Fund; • Parking Fund Current Statistics — Average Occupancy Off- Street 3,700 — Current Residential Off- Street 600 Current Off Street Parkin) • Reserved Rate • Unreserved Rate • Residential Rate • Daily Rate • Maximum Daily Rate • Evening /Saturday Rates $ 90 -$105 /month $ 40 -$85 /month $ 20 /month $.50 /half hr -$1.00 /half hr $6 -$8 $3 -$4' only in certain core decks /lots Overnight Market Garage $6 On- Street parking is not a pay to park system 9/22/2016 26 • Parking Fund Revenues versus Operating Expenses la+ssrornmu u...wnae. wuhom nms: -moss na :mw.. m^.wuee nnarcnl n.o-m.m:.l $4.0 $3.5 — P Operating d $3.0 Revenue i — Operating c $2.5 Expense $2.0 FY2012 FY2013 FY2014 FY2015 FY2016 • Parking Fund Completed Capital Maintenance Projects — LED Interior Lighting Upfits- Center in the Square Garage — Elevator Modernization- Elmwood Park Garage — Sprinkler System Replacement -Tower Garage — Access /revenue Equipment Replacement -Ma rket Garage — Dual Elevator Modernizations- Church Avenue Garage' — Parking Services- Vehicle Replacements (2) — Parking Services- Software and Hardware upgrades — Scheduled Preventative Maintenance Repairs- Elmwood, Tower Church, and Gainsboro Garages — Pay on Foot Station- Market, Gainsboro and Higher Ed Lots — -LED lighting upgrades completed in all garages in high traffic areas and elevation *under cmrcred 9/22/2016 27 • Parking Fund Current Analysis — Parking Fund is addressing its funding needs from its revenue stream; — Prolonging useful life of all assets through preventative maintenance and the 5 year capital plan; — Embracing new technology and best practices to reduce operating costs over the long term; — Consolidating parking operations favors balanced rate structures; — Enhancing city on- street parking assets with sound turnover strategies will allow the downtown to maximize its growth. • Looking Forward- Strategic Issues to be Addressed — Annual benchmarking of market rate parking; — Create business model to enable full replacement of existing parking equipment in all garages; — Fully fund Capital Projects as defined in the 5 year Capital Maintenance Plan; — Promote on street parking turnover by further modeling of metering solutions; — Enhance parking management strategies to encourage long term parkers to utilize garages vs on- street short term spaces; — support public /private mobility strategies; — Work closely with Economic Development agencies to meet new development parking needs and leverage Investment. 9/22/2016 28 FY 2017 — FY 2021 S,CW.. 8 $151,772,059 4fW.lIg1 5 Berglund SWJ.WO S Center Buildings $7,983,398 $33,118,228 Economic Streets, Developmer Sidewalks, $1,241,251 Bridges Parks $50,980,550 ha'ao lal Storm Drains-/ VSchools $17,179,370 $25,000,000 Pmlaet .7 .1. 2019 LIA M1 TMI PCPS 5 S,CW.. 8 SO20.Ip] S 4fW.lIg1 5 S.LW,W2 S SWJ.WO S E.LW.LW 6". aeon ion B.MU..NI 11,W].MO iB.IgJ.W] _,bn M arPlan Z..pW 2,]�,W] �.IpO S,LW.pgI if,IN.IMp Plan 3.SW.LW 3.5fY.W2 25N.DM 1.IN4.W] 1.WJOLO &YA.I a' Cenfe "a' t.500.LW 1.W].Ipp I.SO.WJ 1.�K0 8.[W.Op2 Slmmwater Mona, —. 18N.Ijy 2.IXO.W] 2.pgl.gyJ 2.0.V.LW 2.pM.p'JO 8.&V.Ip2 ,17 GUller an' SiEewgk f,tW,[Ol 1.. Dan 1,Sp7,W] ",l,) W I'M,,. 7.MM SVeN Scopes SW.IMp YU.Op7 SW.W] W:w 95.OT 2.5W.W] IF M acllry malty Plan Bf11.W] S,NJ,W - &S.OLO B.YS.Ip7 1'.'. 10.IXO.W0 - - 11.%O.IAI Ldonle�l Aaenue S.lmgmw . 2r... IM 51rzl Mpmanentl I... U ]0]." .1 S n515,t07 S V279,W] $ 1 &&A` M $ 10.M.M $ 2MIl S 112 .W 50 9/22/2016 29 911 Center (projected spending from FY 2017 -2021 is $11,634,298) — Architectural & Engineering in FY 2017 — Construction in FY 2018 — Actively working on strategies to reduce Costs Fire Facility Master Plan (projected spending from FY 2017 -2021 is $6,856,126) — Station No. 7 Memorial Avenue • Architectural /Engineering in FY 2018 • Construction in FY 2019 — Station No. 2 Noble Avenue • Architectural /Engineering in FY 2021 . • Construction in FY 2022 — Station No. 8 Crystal Springs Avenue Architectural /Engi nearing in FY 2024 • Construction in FY 2025 Library Master Plan (projected spending from FY 2017 -2021 is $14,627,804) — Williamson Rd Branch Renovation • Currently under construction — Melrose Branch Renovation • Preliminary conceptual design underway • Construction in FY 2018 — South Roanoke E- Branch Construction in FY 2019 — Main Library Renovations Phase II • Architectural Engineering in FY19 • Construction in FY 2020 — Countryside Storefront Branch • Timing subject to private development 9/22/2016 30 • Arts and Cultural Contributions (projected spending from FY 2017- 2021 is $641,570) — Harrison Museum (prior commitment outstanding of $250K) — YMCA (annual commitment of $100K ends FY 2017) — VA Museum of Transportation (annual commitment of $100K ends FY 2018) — Jefferson Center (annual commitment of $100K ends FY 2018) • Gill Memorial Building Renovation (projected spending for FY 2017 is $599,681) — Complete in FY 2017 Greenways and Trails (projected spending from FY 2017 -2021 is $5,704,019) — Garden City Greenway (FY 2017) — Roanoke River Greenway - Bridge the Gap — revised project estimate results in funding gap of $3.SM; additional RSTP funds of $1.SM allocated • Parks and Recreation Master Plan (projected spending from FY 2017 -2021 is $10,565,243) — Council briefed at September 6, 2016 meeting — Planned projects include: • Rivers Edge Sports Complex —North Phase I Improvements • Tinker Creek Greenway Phase It • Existing Park Facility Improvement • Outdoor Pool Improvements • Indoor Recreation Space (Feasibility Study) 9/22/2016 31 Projected spending from FY 2017 -2021 is $25,000,000 Round Hill Phase IV (Winter 2016) RCPS Maintenance Upgrades — William Ruffner roof replacement (Winter 2016) — Breckinridge roof replacement (Summer 2017) Fallon Park renovation and expansion (Summer 2017 through Summer 2020) Neighborhood Storm Drain Program (projected spending from FY 2017 -2021 is $17,179,370) — 14 neighborhood projects completed — 4 projects under construction — 25 projects in design, plan review, right-of -way acquisition, bid solicitation 9/22/2016 kl] Bridges in Construction phase during FY 2017 — Gilmer Avenue Box Culvert (Summer 2016) — Brandon Avenue over Murray Run (Summer 2016) — Dale Avenue over Tinker Creek (Summer 2016) — Franklin Road over NSRW (Fall 2016) — Berkley Road over Glade Creek (Summer 2017) — 1P Street over NS, SW (Summer 2017) 9/22/2016 33 Main Street /Wasena Bridge Planning phase is beginning now $22 million and 2 year estimate for construction beginning in Spring 2021 • Total Bridge Renovation /Replacement Program projected spending from FY 2017 -2021 is $25,762,715 • Curb, Gutter and Sidewalk Program (projected spending from FY 2017 -2021 is $9,647,499) — Continued focus on current listing of requested projects — Miller Court curb /gutter • Passenger Rail Infrastructure (projected spending from FY 2017 -2021 is $1,500,000) — Construction of platform and street adjustments expected to begin in November — Department of Rail and Public Transportation requested that planning begin for a brick and mortar station — Multi modal station to accommodate passenger rail and bus transit? 9/22/2016 KLI • Street Improvement Projects (projected spending from FY 2017 -2021 is $11,154,312) — 101h Street NVv — Colonial Avenue — Orange Avenue/ King Street • Streetscape Project Improvements (projected spending from FY 2017 -2021 is $2,916,024) — 9th Street SE from Riverland Road to Morgan Avenue — 13th Street completed Completed projects include: HVAC system improvements Exterior replacement Coliseum lighting Coliseum seat replacement Ice rink system replacement Coliseum scoreboard replacement 9/22/2016 35 Planned future projects include (projected spending from FY 2017- 2021 is $7,983,398): — Coliseum restroom renovations — Berglund Performing Arts Theatre (SPAT) stage replacement — BRAT dressing room renovations — BRAT lighting upgrades Public Works Service Center Master Plan —$1.2 million • Williamson Road Streetscape Improvements -- $7.6 million Valley View Interchange Connection to Evan Springs - -$48.3 million 9/22/2016 36 Council Briefings: — January : Local Tax Projection, Non - Discretionary Cost Increases, Retirement, 5 Year Financial Plan — February : Price of Government, Offers by Priority, Capital Planning — March : Ranked Offers by Priority, Capital Planning — April : Balancing Strategies, Revenue Adjustments /Enhancements, Capital Planning, Cash Funding for One -Time Expenses — April : Presentation of FY 2018 Recommended Budget — May : Budget Study and Adoption of FY 2018 Budget Process Questions or Comments? 9/22/2016 37