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Council Actions 11-21-22
City of Roanoke, Virginia SANCHEZ-JONES 42485-112122 CITY COUNCIL November 21 , 2022 2:00 PM ROAN O KE City Council Chamber 215 Church Avenue, S.W. AGENDA The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. NOTICE: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the deaf or hard of hearing. 1. CALL TO ORDER - ROLL CALL. All Present. Council Member Bestpitch arrived late. The Invocation was delivered by The Reverend Elizabeth Link, Pastor, Second Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council with regard to development in Fishburn Park and expressed concern about water run-off and flooding downstream. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council with regard to the Fishburn Caretaker's Cottage, City of Roanoke Mission Statement, strong neighborhoods and support of the President's Council. David Garland, 3704 Round Hill Avenue, N. W., appeared before the Council with regard to the proposed smoke detector ordinance and suggested the matter be tabled. 4. CONSENT AGENDA: APPROVED (7-0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1. Minutes of the regular meeting of City Council held on Thursday, October 6, 2022. RECOMMENDED ACTION: Dispensed with reading of the minutes and approved as recorded. C-2. A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss the 2022 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3. A communication from Vice-Mayor Patricia White-Boyd, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4. A communication from the City Manager requesting a Closed Meeting to discuss a prospective business or industry or the expansion of an existing business or industry in the Southeastern area of the City of Roanoke, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Sections 2.2-3711 (A)(5), (A)(6), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-5. A communication from the City Clerk advising of the resignation of Council Member William D. Bestpitch as a City representative of the Equity and Empowerment Advisory Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-6. A communication from Mark Chadwick, Chief Executive Officer, Blue Ridge Behavioral Healthcare Board of Directors, recommending concurrence in the reappointment of Patrick Kenney as an At-large representative, commencing January 1, 2023 and ending December 31, 2025. RECOMMENDED ACTION: Concurred in the request. C-7. Reports of qualification of the following individuals: Kaitlyn Eusebio Johnson as a member of the Equity and Empowement Advisory Board to fill the unexpired term of office of Dr. Brenda Russ ending December 31, 2023; Jordan Bell as a member of the Roanoke Civic Center Commission to fill the unexpired term of office Dr. Thomas Powers, Jr., ending September 30, 2023; Kathryn Kronau as a member of the Architectural Review Board for a three- year term of office, commencing October 2, 2022 and ending October 1, 2025; Jessie Coffman as a member of the Roanoke Public Library Board for a three- year term of office, commencing July 1, 2020 and ending June 30, 2023; Pamela Smith as a member of the City Planning Commission for a four-year term of office , commencing January 1, 2023 and ending December 31, 2026; and Christopher Miller as a member of the Board of Zoning Appeals to fill the unexpired term of office Tracy Jernigan Brown ending December 31, 2022; and an additional three-year term of office ending December 31, 2025. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: 1. Proposal of the City of Roanoke to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. Adopted Resolution No. 42485-112122 (7-0). 6. PETITIONS AND COMMUNICATIONS: 1. Presentation by Blue Ridge PBS to share information. (Sponsored by Council Member Cobb and Council Member Bestpitch) Received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: 1. CITY MANAGER: BRIEFINGS: • Economic Development Strategic Plan - 30 minutes Received and filed. • Western Virginia Water Authority on presence of HFPO-DA in the Spring Hollow Reservoir- 20 minutes Received and filed. ITEMS RECOMMENDED FOR ACTION: A. Acceptance of the Commonwealth of Virginia's $500,000 appropriation, administered as a grant by the Department of Historic Resources, for the Virginia Museum of Transportation. Adopted Resolution No. 42486-112122 and Budget Ordinance No. 42487- 112122 (7-0). B. Acceptance of Virginia Department of Transportation FY22 (VDOT) Transportation Alternatives Set Aside (TA)—Authorization for New VDOT Agreement and Appropriation of Funds for the Williamson Rd Pedestrian Safety Improvements. Adopted Resolution No. 42488-112122 and Budget Ordinance No. 42489- 112122 (7-0). C. Acquisition of Real Property Rights associated with the Hazard Mitigation Grant Program. Adopted Ordinance No. 42490-112122 (7-0). D. Acquisition of Real Property Rights for Stormwater Drainage Improvement Project — Hollins-Liberty Road. Adopted Ordinance No. 42491-112122 (7-0). COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: • City offices will be closed on Thursday, November 24 and 25 for the Thanksgiving holiday. As a result, the following schedule will be in effect for collection of trash, bulk items and "A" week recycling during that week. Monday 11/21/22— Monday and Tuesday trash, "A" week recycling, bulk and brush Tuesday 11/22/22 —Wednesday trash "A" week recycling, bulk and brush Wednesday 11/23/22 —Thursday trash "A" week recycling, bulk and brush Thursday 11/24/22— Closed for Thanksgiving Friday 11/25/2022 — Closed for Thanksgiving • Eureka Recreation Center Redevelopment Community Engagement Meeting will be held at the Melrose Library Community Room on Tuesday, December 6 at 6:00 p.m. — 7:30 p.m. Citizens will hear from Department Staff and the Architectural Team, as well as provide feedback and input. • City Council Members will receive a monthly Revenue and Expenditure Summary from the Department of Finance. 2. CITY ATTORNEY: A. Amendment of the City Code, Chapter 12, Fire Prevention and Protection, by adding Article IV, Smoke Alarms; and Section 12-17, Violations, Article II, Fire Prevention Code, to make each day a violation occurs a separate offense. Adopted Ordinance No. 42492-112122(7-0). 8. REPORTS OF COMMITTEES: 1. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 42493-112122 (7-0). 2. Presentation of the Proposed 2023 Legislative Program. Council Member William D. Bestpitch, Chair, Legislative Committee. Adopted Resolution No. 42494-112122 (7-0). A report of certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 1. A resolution appointing Tamea Franco and Kermit Hale as Directors of the City of Roanoke Economic Development Authority, commencing October 21, 2022, and ending October 20, 2026. Adopted Resolutions No. 42495-112122 and 42496-112122 (7-0). 11. MOTIONS AND MISCELLANEOUS BUSINESS: 1. Inquiries and/or comments by the Mayor and Members of City Council. Mayor Lea thanked the City and Michael Clark, Director, Parks and Recreation for partnering with the CIAA Championship Volleyball (Elizabeth City and Shaw University). 2. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED. 4:40 P.M. THE COUNCIL MEETING WILL STAND IN RECESS FOR A CLOSED MEETING; AND THEREAFTER RECONVENE AT 7:00 PM, IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. City of Roanoke, Virginia CITY COUNCIL 7:00 PM City Council Chamber ROANOKE 215 Church Avenue, S.W. 13. CALL TO ORDER - ROLL CALL. All Present. The Invocation was delivered by Council Member Joseph L. Cobb. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. CERTIFICATION OF CLOSED MEETING. (7-0). 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of winners of the 18th Annual Fire Prevention Week Art Contest. Mayor Lea, David Guynn, Deputy Fire Chief and Rachel Hale, Fire Prevention Specialist recognized the contest winners and presented certificates. Recognition of My City Academy. Mayor Lea and Katie Hedrick, Community Inclusion Coordinator, recognized the participants and presented certificates. Presentation by representatives of Omega Psi Phi Fraternity, Incorporated. (Sponsored by Mayor Lea and Vice-Mayor White-Boyd) Jonathan Rosser, President, Omega Psi Phi Fraternity, gave brief comments with regard to their activities and contribution to the City of Roanoke. 15. PUBLIC HEARINGS: 1. Request of Belmont Lofts, LLC, to rezone property located at 825 and 823 Stewart Avenue, S. E., and four parcels designated as 0 Stewart Avenue, S. E., and two parcels designated as 0 Dale Avenue, S. E., respectively, from Institutional District and Residential Mixed Density District to Mixed Use Planned Unit Development District. Christopher Vail, Agent, Spokesperson. Adopted Ordinance No. 42497-112122 (7-0). 2. Proposal of the City of Roanoke to sell approximately 1.1 acres of land and improvements being the Former Fishburn Park Caretaker's Cottage. Action postponed until December 19, at 2:00 p.m. or as soon thereafter as the matter may be heard in the Council Chamber. 3. Proposal of the City of Roanoke to sell property located at 0 Daleton Road, N.E., Official Tax Map No. 7130123 to TPB Enterprises, LLC. Adopted Ordinance No. 42498-112122 (7-0). 4. Proposal of the City of Roanoke to lease the Norwich Recreation Center to Boxfit. Action postponed until December 19, at 2:00 p.m. or as soon thereafter as the matter may be heard in the Council Chamber. 16. OTHER BUSINESS: 1. Petition for Appeal filed by Jamil Srour appealing a decision of the Architectural Review Board denying a request to replace a roof on the front porch of the home located at 705 Marshall Avenue, S. W. Jamil Srour, Owner, Spokesperson. A report of the Architectural Review Board recommending that City Council affirm its decision to deny the request, which is not consistent with H -2 Guidelines. Bill Mason, Chairman, Spokesperson. The Council voted to affirm the decision of the Architectural Review Board and deny the Certificate of Appropriateness. 17. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Joanne Hayden, appeared before the Council in support of the Evans Spring neighborhood and urged Council to experience the Evans Spring nature. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and invited them to Thanksgiving service at Bethany Christian Church, 3115 Fleming Avenue, N. W., at 6:00 p.m. 18. ANNOUNCEMENTS: RECESSED. 10:15 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL TUESDAY, NOVEMBER 29, 2022, AT 8:30 A.M., MELROSE LIBRARY, 2502 MELROSE AVENUE, N.W., SUITE D, FOR A CITY COUNCIL BUDGET PLANNING RETREAT. CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE,S.W.,SUITE 452 ROANOKE,VIRGINIA 24011-1594 a � TELEPHONE: (540)853-2444 FAX: (540)853-1145 SHERMAN P.LEA,SR. EMAIL: MAYOR&ROANOKEVA.GOV Mayor November 21, 2022 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2022 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, C.� Sherman P. Lea, Sr. Mayor SPL:ctw CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Council Members Mayor William D.Bestpitch Joseph L.Cobb Anita J.Price Stephanie Moon Reynolds Vivian Sanchez-Jones Patricia White-Boyd November 21, 2022 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, 1 Patricia White-Boyd, Chair City Council Personnel Committee PWB:ctw ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: A communication from the City Manager requesting a Closed Meeting to discuss a prospective business or industry or the expansion of an existing business or industry in the Southeastern area of the City of Roanoke, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Sections 2.2-3711 (A)(5), (A)(6), Code of Virginia (1950), as amended. Background: The City Manager requests a Closed Meeting to discuss a prospective business or industry or the expansion of an existing business or industry in the Southeastern area of the City of Roanoke, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Sections 2.2-3711 (A)(5), (A)(6), Code of Virginia (1950), as amended. Recommended Action: Concur in the request. Bob Cowell, City Manager Distribution: t?� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 21, 2022 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise that Council Member William Bestpitch has tendered his resignation as a City representative of the Equity and Empowerment Advisory Board, effective immediately. Sincerely, ee.� "-I-' Cecelia F. McCoy, CMC City Clerk of R0'j CITY OF ROANOKE . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Room 456 p' Roanoke,Virginia 24011-1536 �IRGINt Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOI',CMC E-mail: clerk(q « _roanoke%a.gov CECELIA T. 'EBB,CHIC Cite Clerk Depute City Clerk RUTH VISUETE PEREZ Assistant Depute Cite Clerk December 15, 2022 Mark Chadwick 301 Elm Avenue, S. W. Roanoke, Virginia 2406 Dear Mr. Chadwick: Your communication recommending concurrence in the reappointment of Patrick Kenney as an at-large representative of the Blue Ridge Behavioral Healthcare Board of Directors for an additional term commencing January 1, 2023 and ending December 31, 2025, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 21, 2022. On motion, duly seconded and adopted, Council concurred in the reappointment of Mr. Kenney as above referenced. The Members of Roanoke City Council extend their appreciation to Mr. Kenney for his willingness to continue to serve as a member of the Blue Ridge Behavioral Healthcare Board of Directors. Sincerely, - V Cecelia F. McCoy, CMC City Clerk Blue Ridge Behavioral Healthcare Office of the CEO November 14, 2022 Mr. Robert S. Cowell, Jr. City Manager City of Roanoke 215 Church Ave, SW, Room 364 Roanoke, VA 24011 Dear Mr. Cowell: According to our Board records, the first term of Mr. Patrick Kenney, Esq. as an at-large representative on the Blue Ridge Behavioral Healthcare Board of Directors will expire on December 31, 2022. This Board nominates its at-large representatives, and asks the participating governing bodies to ratify those appointments. At our October 20, 2022 Board meeting, the Board unanimously endorsed Mr. Kenney to serve a full term as an at-large member for which he is eligible according to Title §37.2-502 of the Code of Virginia. We respectfully request that the Roanoke City Council approve the reappointment of Mr. Kenney for his second full term, from January 1, 2023 through December 31, 2025. This request is being sent concurrently to administrators in each of our other four local governing bodies for their ratification of at-large members as called for in our By-laws. If I can be of assistance in this process or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540-345-9841 at your convenience. Sincerely, ZarkChadwick Chief Executive Officer C: The Honorable Sherman P. Lea, Sr., Mayor, City of Roanoke Cecelia "Susie" F. McCoy, CMC, City Clerk, City of Roanoke Dr. Carole Geiger, Chair, Blue Ridge Behavioral Healthcare Board of Directors Patrick Kenney, Esq. r i Executive Offices 301 Elm Avenue SW Roanoke,VA 24016-4001 (540)345-9841 Fax(540)345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetourt,Craig,and Roanoke f ag V. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 Roanoke,Virginia 24011-1536 ♦ Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOV,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Angie O'Brien Assistant City Manager Roanoke, Virginia Dear Ms. O'Brien: This is to advise you that Kaitlyn Johnson has qualified as a member of the Equity and Empowerment Advisory Board to fill the unexpired term of office of Dr. Brenda Russ ending December 31, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kaitlyn Eusebio Johnson, 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 member of the Equity and Empowerment Advisory Board to fill the unexpired term of office of Dr. Brenda Russ ending December 31, 2023, according to the best of my ability. (So help me God.) r kATLYN EUSEBIO JOHNSON t The foregoing oath of office was taken, sworn to, and subscribed before me by Kaitlyn Eusebio Johnson this 3 day of 2022. Brenda S. Hamilton, Clerk of the Circuit Court y , Clerk -,�• CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Robyn Schon General Manager Roanoke, Virginia Dear Ms. Schon: This is to advise you that Jordan Bell has qualified as a member of the Roanoke Civic Center Commission to fill the unexpired term of office of Dr. Thomas Powers, Jr., ending September 30, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jordan Bell, 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 member of the Roanoke Civic Center Commission to fill the unexpired term of office of Dr. Thomas Powers, Jr., ending September 30, 2023, according to the best of my ability. (So help me God.) JORDAN BELL The foregoing oath of office was taken, sworn to, and subscribed before me by Jordan Bell thisday of022. Brenda S. Hamilton, Clerk of the Circuit Court By Clerk J10 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOV,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Tina Carr Board Secretary Roanoke, Virginia Dear Ms. Carr: This is to advise you that Kathryn Kronau has qualified as a member of the Architectural Review Board for a three-year term of office commencing October 2, 2022 and ending October 1, 2025. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kathryn Kronau, 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 member of the Architectural Review Board for a three-year term of office, commencing October 2, 2022 and ending October 1, 2025; according to the best of my ability. (So help me God.) KATHRYN KRONAU The foregoing oath of office was taken, sworn to, and subscribed before me by Kathryn Kronau this day of V-01A!,�Y2022. Brenda S. Hamilton, Clerk of the Circuit Court Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOV,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Sheila Umberger Director of Libraries Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Jessie Coffman has qualified as a member of the Roanoke Public Library Board for a three-year term of office commencing July 1, 2020 and ending June 30, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jessie Coffman, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a three-year term of office, commencing July 1, 2020 and ending June 30, 2023, according to the best of my ability. (So help me God). 4z p rn JESSIE cbl#FMAN The foregoing oath of office was taken, sworn to, and subscribed before me by Jessie Coffman this day of Ko VeMYX( 2022. Brenda S. Hamilton, Clerk of the Circuit Court B,v�. 111'1C�/ t-t , Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Tina Carr Board Secretary Roanoke, Virginia Dear Ms. Tina: This is to advise you that Pamela Smith has qualified as a member of the City Planning Commission for a four-year term of office commencing January 1, 2023 and ending December 31, 2026. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Pamela Smith, 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 member of the City Planning Commission for a four-year term of office, commencing January 1, 2023 and ending December 31, 2026; according to the best of my ability. (So help me God.) ELA SMITH The foregoing oath of office was taken, sworn to, and subscribed before me by Pamela Smith this day of 2022. Brenda S. Hamilton, Clerk of the Circuit Court Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Tina Carr Board Secretary Roanoke, Virginia Dear Ms. Carr: This is to advise you that Christopher Miller has qualified as a member of the Board of Zoning to fill the unexpired term of office of Tracy Jernigan Brown ending December 31, 2022; and for an additional three-year term of office ending December 31, 2025. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christopher Miller, 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 member of the Board of Zoning Appeals to fill the unexpired term of office of Tracy Jernigan Brown ending December 31, 2022 and an additional three-year term of office ending December 31, 2025, according to the best of my ability. (So help me God.) HRISTOPHER ILLER The foregoing oath of office was taken, sworn to, and subscribed before me by Christopher Miller this/L/�PPday of 2022. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk r 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 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 18, 2023 The Honorable Senator John Edwards Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable Christopher T. Head Virginia House of Delegates P. O. Box 19130 Roanoke, Virginia 24019 The Honorable Sam Rasoul Virginia House of Delegates P. O. Box 13842 Roanoke, Virginia 24037 Gentlemen: I am enclosing a copy of Resolution No. 42485-112122 petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally to reaffirm this request. I have also enclosed a copy of the publisher's affidavit of the public hearing, an excerpt of the City Council minutes showing action taken; and this serves as a request to introduce a bill in the 2023 Session of the General Assembly to amend the Roanoke Charter of 1952. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2022, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy City Clerk Enclosures c: R. Ronald Jordan, Managing Director, Advantus Strategies, L.L.C., 1011 E. Main Street, Suite 400, Richmond, Virginia 23219 Laura Bateman, Consultant, Advantus Strategies, L.L.C., 1011 E. Main Street, Suite 400, Richmond, Virginia 23219 William Bestpitch, Chair, Legislative Committee Timothy Spencer, City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21'day of November 2022. No. 42485-112122. A RESOLUTION petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. WHEREAS, pursuant to Virginia Code Section 24.2.222.1(A) City Council adopted an ordinance No. 41625-111819, adopted November 18, 2019, to move the council election date from May to the November general election date of even-numbered years, commencing with the November 2020 general election date; WHEREAS, Virginia Code Section 24.2.222.1(A) allows a city to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter, the tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2-202 in order to reflect the change in the council election date adopted by City Council; WHEREAS, the required public hearing was conducted on November 21, 2022; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Attorney is directed to petition the General Assembly to amend the 1 Roanoke Charter of 1952 as follows to reflect such changes: §4. Composition of council; terms of members; designation of vice- mayor; vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of 3&IyJanuar next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of JulyJanuary next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the fit Tuesday following the first Monday in " November, nineteen hundred severe two thousand twenty, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the ffst-Tuesday following the first Monday in M-ayNovember, Hifletee I a a seventy feuf two thousand twenty-two, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of J+Ay January next following the date of such election and until the vice-mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within Mort-ive days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. §10. Meetings of council generally. At two o'clock post meridian on the first Monday of July January next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the Y legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. §16. Time of holding municipal elections. A municipal election shall be held on the fist Tuesday following the first area o enty two two thousand Monday in l November in nineteen seventy�--., •-- twenty, and every second year thereafter which shall be known as the regular election for the election of council members. 2. The City Clerk is directed to provide a publisher's affidavit showing the public hearing was advertised and a certified copy of the governing body's minutes showing the action taken at the advertised public hearing to the members of the City's delegation to the General Assembly, with the request that they introduce a bill in the 2023 Session of the General Assembly to amend the Roanoke Charter of 1952. ATTEST: City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: Proposal of the City of Roanoke to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. Background: Attached for consideration is a resolution requesting the 2023 Session of the General Assembly to amend various sections of the present Roanoke Charter of 1952 to reflect changes made in election dates and meetings of council generally. As required by §15.2-202, Code of Virginia (1950), as amended, at least ten days' notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the city advising of the time and place of this public hearing. Recommended Action: The City's Legislative Committee recommends that Council adopt the attached resolution requesting the proposed amendments to the City Charter. If Council concurs and adopts the attached resolution, the State Code requires that the City forward the resolution and certain other documents to the City's legislative delegation with the request that a bill be introduced in the 2023 Session of the General Assembly to amend the Charter as proposed. Timothy Spencer. City Attorney Distribution: Council Appointed Officers The Roanoke Times FAccount Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD RECEIVED November 11,2022 Atte T1AtAC, � N O V 1 7 RECD 215 CHURCHH AVEAVy ROOM 166 VA 24011 0 Cil-� O r")AIkioKE RLANNIWd'D,UY DPPIG&DEVEL!?PUENT Date Category Description Ad Size Tctal Cost 11/11/2022 Legal Notices NOTICE OF PUBLIC HEARING-FRIDAY,NOVEMBER 11,20 2 x 6.50 IN 1,088.10 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: 11/11/2022 The First insertion being given ... 11/11/2022 Newspaper reference: 0001380657 ing Repr a ative Sworn to and subscribed //before me this 11th Day of November 2022 Notarykc NOTARY fsj ; pUBLIC State of Virginia - REG.#329549 '(00 pNils N County of Hanover o O : EX ;' My Commission expires = ' iutu 31,2025; IF O'••. e O ,'E���11 dt�1A 1!69114 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE,VIRGINIA NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke,pursuant to Sec- tion 15.2.202,Code of Virginia(1950),as amended,will hold a public hearing on Monday,November 21,2022,at 2:00 p.m.,or as soon thereafter as the matter may be heard,in the Council Chamber,4th Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citi- zens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952,to acknowledge that the council etectien datehasbeen moved from May to the Nevember general election date of even-numbered years beginning with the general election in 2020. In accordance with Virginia Code Section 24.2.222.1(A),City Council elected to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter.The tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2-202 in order to reflect the change previously taken by City Council to move the council election date from May to the November general election of even numbered years.Subsequently amending meetings of council generally and time of holding municipal elections. All persons wishing to address City Council must sign-up with the City Clerk's Of- fice by emailing clerk@roanokeva.gov or calling(540)853-2541 by 12:00 noon,on November 21,2022. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk,4th Floor,Room 456,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,24011. For further information on the matter,you may contact the City Clerk's Office at(540)853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540)853.2541,before 12:00 noon on Thursday,November 11,2022. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretaci6n sin costo por todas citas publicas,previa solicitud.Si usted desea solicitar un intdrprete,hdganoslo saber con al menos 24 horas de antelaci6n por Ilamar(540)853.1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma,inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. ????????????????????????????????????????????????? ????????????? ???????????????????????????????????????????24???? ??????????????????????????853-1283(540)??????????????????. Given under my hand this 11th day of November,2022. Cecelia F.McCoy,City Clerk. NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE,VIRGINIA 3 NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke, pursuant to Section 15.2- 202, Code of Virginia(1950), as amended, will hold a public hearing on Monday,November 21, 2022, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952,to acknowledge that the council election date has been moved from May to the November general election date of even-numbered years beginning with the general election in 2020. In accordance with Virginia Code Section 24.2.222.1(A), City Council elected to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter. The tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2- 202 in order to reflect the change previously taken by City Council to move the council election date from May to the November general election of even numbered years. Subsequently amending meetings of council generally and time of holding municipal elections. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling(540) 853-2541 by 12:00 noon, on November 21, 2022. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the City Clerk's Office at(540)853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday,November 17, 2022. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretaci6n sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un int6rprete, haganoslo saber con al menos 24 horas de antelaci6n por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. jl� ���al.a.:;J�y'tiu ja :vl v9.1'�,y.ti. uLJ.i aaa vl y, ;-,,,,I���"�s� �' ��� ��y ji i-)L4(540)853-1283 use amu:: Given under my hand this 11 th day of November, 2022. Cecelia F. McCoy, City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Friday, November 11, 2022. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk. 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 g CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Mayor Council Members William D.Bestpitch Joseph L.Cobb Anita J.Price Stephanie Moon Reynolds Vivian Sanchez-Jones Patricia White-Boyd November 21, 2022 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a presentation by Madison VanDuyne, Director of Marketing and Social Media, Blue Ridge PBS and PBS Appalachia Virginia, to share information with regard to its activities and initiatives, at the regular meeting of City Council to be held on Monday, November 21, 2022, at 2:00 p.m. Sincerely, William D. Bestpitch ouncil Memb r D__ Joseph L. Cobb Council Member WDB/JLC:ctw • V1 Blue Ridge PBS takes pride in being the region's storyteller and works hard to preserve our history through promoting tourism, showcasing the arts and creating interesting and educational documentaries. Serving the Blue Ridge PBS was the Today Blue Ridge PBS serves Community Since Nation's first 1967 all-color educational O of the geographical 10> television station. 42 /O commonwealth in addition to portions of three boarding states: Tennessee,West Virginia In addition to 5 traditional broadcasting and North Carolina channels, Blue Ridge PBS also offers Three streaming options O to maximize accessibility for viewers. i PBS School children and their teachers Sponsors Get Results! 71% f68% f64%' - mmercial TV shows 15 times more promotional messaging Of viewers agree that Of viewers believe sponsors Of viewers see sponsor (in the form of advertising)than non sponsors of PBS provide of PBS have a messages as different commercial BRPBS.When we highlight a a valuable public service commitment to and better company or organization in our quality and excellence clutter-free environment, www.btueridgepbs.org our viewers take notice! BlueRiadge F) EIS ANOKE PRESENTATION Vision, Mission & values :off \V/ r VISION MISSION CORE VALUES P Connecting and creating To enrich people's lives by . Teamwork community through trusted providing educational, . Diversity and Inclusion � quality content and g �� informational, and cultural Integrity � � �` '� Y experiences that engage, programming that fills a - Excellence entertain, inform and inspire. i, unique role as a positive and . Community Service lifelong resource for the Blue Ridge communities we serve. OPBS r .. Blue Ridge * • Btt»Rldga PBS takes pride!n tte"sng the regaon's storyteller and works hard to persrve our histrxy ttrraugh promoting tourism,showcasing the arts and creating,inter®sting and educational documentaries. sB•tf�e Raiga P95 wax thaT.d.y 81—I , , , • a N•it�Oft•S�fSt "�9 67 a#i-co#or educatiotwl /��r o*the geagragriical i • Ridge • • Television • • on air for the first time in.r •li 7V cQmmoraraaalth tal•We5{on statkin. n add+t+an to portionx of • from production facility inRoanoke. threetwardingstates. It was the in addition io 5 tradetianat ivaadcasdn, T•ner•as••,W test Wrpinis and rratri Gardena nation's • • • • television chann•Is,due Midge PSS aCso aHers station. streaming Options SERVES to mauirnixa accesslbillty for viewers. 42% of the geographical commonwealth Just in 2022 Blue Ridge PBS alone. For 18 Yoars PBS Is al m Pblic T,ust our station won 4>K}S Over 01 /01 school children . • Over • t t • • 1-- 4ZN teachers benefit from our educational at7MMt•WM•Mwaw#Wra.MMe.f,:. programs. COMMUNITY ENGAGEMENT Sponsors cel a�trltst ■ "�' Corntnert;a#N shows 15 rimesThe region'sstoryteller, • • hard to more promotional messaging Arvmaarrs agree chat or:;i"Mr !>c',icvc•.00n .n er vac ,:..r.. /ln tha t•rretdadaaet9stteg)kfi•n nal preserve • promote • . • epxwn of Pas prcw�de d P85 have a meaaegea as d�flct mt { ����'•kWean nra fiigllligfit a •vsAesah pink aarvfea cexmm�ment to atx!bene+ tatnp•ny ar arRanikat#on in aur gwltity arxf axcetlence c��tter-rrea emWnmeM, enhance • • • • � xww..btue++dgcpbawg aur vi•wM taAca etai44a{ 1 <A w T E glibl 040 f "{:y EVENTS 4J( y n wro art' ^ t l Blue Ridge. ECHE LLL__ <3 PBS A'Al Blue Ridge PBS presents ECHO, a education channel designed to meet the needs of learners in all stages of life. ECHO stands for Education, Community, Health, and Opportunity; these are the pillars that build the foundation for our educational, community- oriented content, serving southwest Virginia. ECHO features documentaries and programs that feature the region's people and communities. By providing a space that values education, community, health, and opportunity, ECHO encourages viewers to learn with us. A 0 . . 0 EDUCATION BEYOND THE BROAD" CAST Working Together ROANOKE Blue Ridge PBS _ SANTA ' S WINTER WONDERLAND _ WASENA / MAIN STREET BRIDGE REPLACEMENT _ ENHANCED YOUTH CAREER EXPLORATION AND SKILLS DEVELOPMENT _ ADULT LEARNING PROGRAMS THANK YO Virginia ' s Blue Ridge ( PBS) is Star City Strong ! o� R Blue • • (3PBS r nf h v�;� "HIP OWN, s "�.sz:� ; ..rs t z R� Br•ef� n Roanoketo City Council Marc Nelson, Director November 21, 2022 !' H it I all tl ?, , u i !� t► n cu ►► o � i _ni � fit► i EI I au a uu�i~ ► arrr � a II . �m �� IT ii .ddow .., wavevim� rr ' ► � ! It 11 RC)ANC�KE h y ROANOKt_ Introduction In October 2021, City Management decided to retain a consulting firm to assist with development of a strategic plan for the Department of Economic Development. This decision was influenced by: ➢ Retirements and departures of long- serving leaders. ➢ Increased interest from citizens in r { recruiting retail, commercial and other sectors. ➢ Focus on economic development programs addressing community " development and equity concerns within the City. . ➢ Addition of innovation and entrepreneurial programs to the department's portfolio. ROANOI<E ➢ Timeline October 2021: Request for Proposals (RFP) issued for consulting services to develop a strategic plan for the Department of Economic Development (ED). ➢ December 2021 — March 2022: Review Committee considered responses from ten consulting firms from across the country. ➢ April 2022: The City entered into a contract with Ernst & Young (EY) to develop a strategic plan. Total cost was $98,112 ($50,000 paid by the City, $48,112 paid the Economic Development Authority for the City of Roanoke). ➢ May — October 2022: City staff and EY team conducted interviews, focus groups, and surveys to formulate the plan. ➢ November 2022: Plan is substantially complete, with final edits due to the City by end of the month. ROANOKE Scope of Work Vision: Craft a strategy centered on job creation, increasing business investment, fostering innovation and entrepreneurship, and ensuring more inclusive opportunities for all residents and business leaders. ➢ Organizational Structure Review & Analysis ➢ Strategy Development ➢ Determine departmental roles in economic and community development partners ➢ Give structure to community development-based departmental initiatives ➢ Develop a roadmap defining the City's commitment to innovation and entrepreneurship ➢ Formalize departmental approach to three legs of the traditional ED stool — attraction, expansion, and retention ➢ Draft and develop a five year strategic plan I�w Promotion .rte► Information Gathering and ROANOKE ➢ Interviews: 17 one-on-one and tandem interviews with community leaders. z ➢ Focus Groups: Convened five sector-based focus groups. ➢Citizen surveys: online and paper copies. r ➢ Media promotion : op-eds, radio interviews, social media. 0 0 ROANOKI Five major goals emerged from interviews, focus groups, and related efforts. ➢ Goal 1: Elevate business recruitment and marketing aimed at employers in the City of Roanoke's established and emerging industries and complement regional attraction efforts. ➢ Goal 2: Proactively engage with employers to understand and address workforce, available sites, and other needs while connecting them to valuable information and resources. ➢ Goal 3: Cultivate a business climate conducive to starting and scaling businesses, and raise Roanoke's national profile as a leading market for innovation. ➢ Goal 4: Foster connectivity between workers and career paths in thriving industries and continue to enhance Roanoke's quality of life through place-making and renewal efforts. ➢ Goal 5: Increase the availability of quality business locations and continue to strengthen infrastructure for current and future growth. Business Growth & Marketing ROANOKE Goal 1: Elevate business recruitment and marketing aimed at employers in the City of Roanoke's established and emerging industries and complement regional attraction efforts. Objective 1.1 ➢ Create a business recruitment operation to attract new businesses and accelerate job creation and commercial development. ➢ Develop an incentive policy or program to expand job creation, capital, and community investments. ➢ Clearly define target industries and sectors with career paths to support economic mobility. Consider having a formal target industry analysis conducted to identify promising industry sectors for the future. Objective 1.2 ➢ Strengthen marketing and communications activities to increase lead generation for business relocations and capital investments. ➢ Collaborate on proactive outreach to site selection consultants and business decision-makers to create awareness of available economic opportunities in the City. ➢ Redesign the Department of Economic Development's digital presence with an updated website, targeted social media advertisements, an email newsletter and additional forms of media for audience engagement. Business Retention & Expansion 11OA9 Goal 2: Proactively engage with employers to understand and address workforce, available sites, and other needs while connecting them to valuable information and resources. Objective 2.1 ➢ Enhance engagement with local employers a through a targeted and standardized process for conducting on-site business visits. ➢ Develop a structured process for business visits and calls to keep an up-to-date pulse on current business needs and expansion opportunities. ➢ Electronically catalog touchpoints, insights and business requests for follow up in a customer relationship management database. ➢ Coordinate with the Roanoke Regional Partnership's existing BR&E program as appropriate to ensure an integrated approach. Objective 2.2 ➢ Elevate role as a connector between employers and education and workforce development organizations. ➢ Cultivate stronger employer engagement with education and training programs and curriculum. ➢ Convene talent and workforce partners, business and HR/talent leaders, to discuss and address employer workforce challenges. Entrepreneurship & Innovation Goal 3: Cultivate a business climate conducive to starting and scaling businesses to raise Roanoke's national profile as a leading market for innovation. Objective 3.1 ➢ Work with local business leaders, entrepreneurs and higher education leaders to continue the development, branding and marketing of the Innovation Corridor. ➢ Collaborate with stakeholders (RAMP, Roanoke-Blacksburg Technology Council, Carillon Clinic, VERGE and others) to attract more high-growth entrepreneurial firms, corporate partners and investors. ➢ Partner with a creative agency to develop a branding, messaging and collateral to be integrated into marketing efforts. Objective 3.2 ➢ Promote and support local entrepreneurial programs and help make resources more accessible to the full spectrum of small businesses and MWBEs, from microbusinesses to high- growth firms. ➢ Develop a small business resource directory or navigator to be integrated into the Department's website. ➢ Highlight resources and programs via social media and e-newsletter. Economic Opportunity & Community Vibrancy ROANC)KI Goal 4: Foster connectivity between workers and career paths in thriving industries and continue to enhance Roanoke's quality of life through place-making and renewal efforts. Objective 4.1 ➢ Raise awareness to further career pathways in growth industries while enhancing financial literacy and like initiatives to improve economic mobility for workers and students. ➢ Share workforce insights from business retention and expansion efforts with school leaders and CTE coordinators to help align programs with industry needs while educating students on successful careers in Roanoke. ➢ Maintain and grow the efforts of the Financial Empowerment Center (FEC) for residents, while integrating small business assistance initiatives. Objective 4.2 ➢ Amplify place-making and revitalization efforts across the community through an array of improvement and renewal projects. ➢ Collaborate with the City's Neighborhood Services Department and Office of Arts & Culture to expand public art and cultural activities, improve and preserve natural environment, and restore public and private properties. Asset & Infrastructure Development ROANOKE Goal 5: Increase the availability of quality business locations and continue to strengthen infrastructure for current and future growth. Objective 5.1 ➢ Continue and expand collaboration with developers, business leaders, and other economic development partners to advance industrial and commercial real estate development, redevelopment and rehabilitation. ➢ Gather input from site selectors, real estate professionals and other knowledgeable sources on current and future business relocation and expansion needs. ➢ Enhance internal coordination with complementary departments and local developers to advance a cohesive and efficient site and infrastructure development process. ➢ Identify commercial districts in need of investment and explore incentive tools available to promote further growth. Objective 5.2 ➢ Address critical infrastructure needs and support the advancement of projects to benefit businesses and residents. ➢ Continue work around evaluation and improvement of essential assets to include water, transportation and mobility, and broadband, and quality of place amenities including parks, greenways, trails and other outdoor amenities. ROANOKE „l !Implementation Partners #177 ,Priority ' Business Growth& Goal 1: Elevate Objective 1.1 External partners Marketing business recruitment Create a business Roanoke Regional Partnership and marketing aimed recruitment operation to Roanoke County Economic at employers in the attract new businesses and Development Department City of Roanoke's accelerate job Virginia Economic Development established and creation and commercial Partnership emerging industries, development. Area higher education and complements institutions regional attraction Objective 1.2 Roanoke City Public Schools efforts. Strengthen marketing and communications activities to Internal partners (City of Roanoke) increase lead generation for Office of Communications business relocations and capital investments. ROANOIU Implementation PartnersGoals Objectives abo ArxL Business Retention & Goal 2: Proactively Objective 2.1 External partners Expansion engage with Enhance engagement • Virginia Career Works - Roanoke employers to with local employers Center understand and with a targeted and • Roanoke Regional Chamber of address workforce, standardized process Commerce sites and other needs for conducting on-site • Roanoke Regional Partnership and connect them to business visits. • VERGE valuable information • Local business network and and resources. Objective 2.2 associations Elevate role as a connector • Western Virginia Regional Industrial between employers Facility Authority and education and • Roanoke Valley-Alleghany Regional workforce Commission development • Roanoke Valley Broadband organizations. Authority • Western Virginia Water Authority • Roanoke County and other local governments Internal partners • City of Roanoke Planning, Building, and Development Department Implementation Partners ROANC)kL 11,41 1 n Partners Priority Entrepreneurship & Goal 3: Cultivate a Objective 3.1 External partners business climate Work with local Roanoke-Blacksburg Technology Innovation Council conducive to business leaders, starting and scaling entrepreneurs and 0RAMP businesses and raise higher education 0Carillion Clinic Roanoke's national leaders to continue the aRoanoke Regional Partnership profile as a leading development, branding 0 US Small Business Administration market for and marketing of the 0SBDC Virginia - Roanoke Region innovation. Innovation Corridor. 0Area banks and financial services Objective 3.2 Promote firms and support local 0Urban professional league entrepreneurial programs and help Internal partners (City of Roanoke) make resources more Financial Empowerment Center accessible to the full spectrum of small businesses and MWBEs, from microbusinesses to high-growth firms. ROANOKE Implementation Partners Priority Goals fl OT ro om mc .mc, Economic Goal 4: Foster Objective 4.1 External partners Opportunity & connectivity between Advance and support 0 Virginia CareerWorks - Roanoke Center Community Vibrancy workers and career programs to raise 0 Area higher education institutions paths in thriving awareness around and 0 Roanoke City Public Schools industries and further career 0 Roanoke Regional Chamber continue to enhance pathways in growth 0 Roanoke Regional Partnership Roanoke's quality of industries, enhance Arts, culture and entertainment life through place- financial literacy and partners making and other efforts to Area banks and financial services firms renewal efforts. improve economic Real estate and construction companies mobility for workers Roanoke Valley-Alleghany Regional and students. Commission • Roanoke Valley Broadband Authority Objective 4.2 Amplify place-making Internal partners (City of Roanoke) and revitalization across Community Development the community through Community Engagement an array of 0Neighborhood Services improvement and 0 Arts & Culture renewal projects. 0 Planning, Building, and Development ROANOKE Implementation Partners I ro Wel 17:7o PM Asset & Infrastructure Goal 5: Increase the Objective 5.1 External partners Development availability of quality Continue and expand Commercial and industrial development business locations collaboration with firms and construction companies and continue to developers, business Western Virginia strengthen leaders, and other Regional Industrial Facility Authority infrastructure for economic development Roanoke Valley-Alleghany Regional current and future partners to advance Commission growth. industrial and Roanoke Valley Broadband Authority commercial real estate Western Virginia development, Water Authority redevelopment, and Area banks and financial services firms reuse. Internal partners (City of Roanoke) Objective 5.2 Public Works Address critical Community Development infrastructure needs Planning, Building, and Development and support the 0 Parks & Recreation advancement of 0 Libraries projects that benefit businesses and residents. Peer • Comparison R�UKE ! - D• • 229,000 92,000 40,000 211,000 99,0 population Economic 18 20 12 9 � {l • • .development staff i Community Community Business Small business Business retention development development support growth and expansion • Broadband • Affordable Financing Business Entrepreneurship • Workforce housing resources recruitment and small business training • Homelessness • Workforce • Business retention support • Minority • CDBG program development and expansion • Commercial real business HOME program • Permitting • Real estate estate management.° development Inclusive city support management Infrastructure Innovation procurement Business Sports and Incentives • Entrepreneur- • Youth attraction entertainment focus • Workforce ship leadership • Incentives • Workforce development � • Available site development support Business Real estate inventories Data and special Roanoke Financial retention and Business expansion resource library • Tourism projects Empowerment support Center • Incentives Strategic Bank On Roanoke. Marketing funding for Place making a (River District) • Target industry nonprofits attraction Total aepaFrMM4 $6,040,067 $3,903,273 $1,018,970 $9,644,109 $3,240,459 - Department bu• : - L26.38 $42.43 $25.47 $45.71 $32.73 capitaper Next Steps . . . W ti I a 4o K �F Final and A c T� 19q At .r p r 1 ' J' e , ..—,•.••ter'. Z R� *# f' � i W E S T E R N V I R G I N I A WATER AUTHORITY • Spring ROANOKE CITY COUNCIL MEETING NOVEMBER 21, 2022 Presentation Overview What are PFAS Compounds? What is H FPO-DA (Gen X) ? HFPO-DA (Gen X) What Does EPA's Recent Health Advisory for HFPO-DA mean ? What Actions Have Been Taken by the w Authority? How is the Compound entering the Reservoir? ;y p g 5r' What's Next? PFAS is shorthand for per- Food Wrappers Coated and polyfluoroalkyl Packaging isubstances, a class of 6,000 Water & Stain Resistant: AAIMIlL_ Firefighting Coatings chemicals that have been Foams Where are in use since the 1940s. PFAS They consist of carbon and � Compounds fluorine-bonded molecules Found? that are heat, water and oil Non-Stick - . - . . . resistant, are very stable, Cookware Clothing and do not break down Shampoo & Personal Cosmetics & easily. Care Products PFOA and PFOS are the two most studied compounds of this group. PFAS Compounds in DrinkingWater -EPA does not regulate any PFAS compounds in drinking water. -In 2016, EPA issued a Lifetime Health Advisory for PFOA and PFOS of 70 parts per trillion (ppt)- A part per trillion is roughly equivalent to 1 second in 32,000 years. A Lifetime Health Advisory identifies levels to protect all people, including sensitive populations, from adverse health effects resulting from exposure throughout their lives, typically 70 years. The Authority sampled Carvins Cove, Spring Hollow and Crystal Spring and found no PFAS compounds at any of the three facilities except HFPO-DA at Spring Hollow. While Virginia does not regulate PFAS compounds, some states do including Michigan which has a regulatory limit for HFPO-DA at 300 ppt and North Carolina which has an advisory of 140 ppt. What is HFPO-DA (Gen X Not an end product in itself. Used as a polymerization aid in the manufacture of fluoropolymers. Fluoropolymers are important in semiconductor chip manufacturing, the automotive industry, and production of hydrogen fuel cells. Properties of fluoropolymers include weather resistance, temperature resistance, chemical resistance, non-wetting and non-sticking properties, and high-performance dielectric properties. Selected as a replacement for PFOA as it does not bio-accumulate. EPA is studying it because it is mobile and persists in the environment and may have adverse affects on liver and kidney function. Limited number of manufacturers of fluoropolymers around the country. ".'t . Ea:-. e. `. ,e. �x?Fl*a+a'.c^`r ;.;e ,.ads-3A..n, �w:?,s .,,: ., ?...k, ',.F?aa?�>2...:`�r"Y:,'.,::.a. x s` a s'.•..:- ..: :,... ., ,. ...c ...... Testingat Spring Hollow �WESTERN VIRGtNtA WATER AUTHORITY Sampling by V D H confirmed H F P O- Date Collected Spring Hollow Treated Drinking Water HFPO•DA level expressed in parts per trillion DA present at Spring Hollow but no )ani, .- 2022 other compounds at Spring Hollow, FebrLa- -3,2022 March 8,2022 or Carvins Cove. April 5,2022 40 M a v n. 43 In response, staff increased 39 sampling of the finished water at - 34.4 Spring Hollow as well as the UIy18,2022 25.6 July 27,2022 17.9 reservoir and Roanoke River. August 16,2022 1.04 tiugust 23,2022 3,14 Information was placed on our 7ugust 30,2022 3.13 website and was followed up with September 8,2022 47.8(reflects sample taken while GAC treatment was down for testing) targeted correspondence and our September 13,2022 3.88 annual Consumer Confidence October 5,2022 X0(reflects sample taken while GAC treatment was being backwashed) Report (CCR). October 11,2022 8.41 EPA June 2022 PFAS Announcement Revised the two Lifetime Health Advisories for PFOA and PFOS and established two new health advisories for PFBS and HFPOA-DA (units in ppt) . , Gen X Chemicals Old Health Advisory 70 70 none none New Health Advisory 0.004 0.02 2000 10 Suggested actions water utilities could take including enhanced public notification Did not recommend the use of bottled water Actions by the Authorityl AT'ERRfl vI ORI A WATER AUTHORIT)/ *Prior to June, 2022 staff increased sampling, researched the chemistry and uses of the compound, began modifying an existing GAC filter system and replaced the existing GAC filter media, contracted to have solids holding tanks cleaned, and requested funding assistance from VDH. Since June, a treatability study to optimize the GAC got underway, a working group with VDH and the Department of Environmental Quality (DEQ) was established to investigate the source, staff shifted production from the Carvins Cove system into the Spring Hollow system, staff has been sending updated information to customers and the Authority's Board of Directors approved funding for additional improvements at Spring Hollow. Gen X Source Investigation ■ Staff coordinated with DEQ to identify potential sources upstream of Spring Hollow Intake. This included reviews of AM permits, enforcement actions, pretreatment information, EWMI ell M media reports, and industry information along with area V hydrology. 1N DEQ conducted a site inspection of ProChem, Inc. located in Civefcolnes 01 Elliston on October 4, 2022. ■ DEQ personnel returned to the site and collected samples from the sanitary sewer serving ProChem as well as downstream of the Elliston Wastewater Treatment Plant on October 5, 2022. ■ Sample results received November 2, 2022 confirmed ProChem as the likely source of HFPO-DA. Next Steps W E S T E R N V t R G I N l A. WATER AUTHORITY The Authority has notified ProChem and Chemours to stop servicing of equipment in the watershed. Plan to continue sampling of the river in conjunction with DEQ and the Montgomery County PSA as well as sampling of finished water with continued reporting to customers. VDH has notified staff that it will provide $286,000 in funding for sampling and the treatability study. Will be moving forward with infrastructure improvements at Spring Hollow to fully reconfigure the GAC filter system. Federal funding may be available to assist with this cost. �f�"i`�k� r'"w few��f���*s 1M,•' IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21St day of November 2022. No. 42486-112122. A RESOLUTION accepting the Commonwealth of Virginia Department of Historic Resources award of funds in the total amount of $500,000 for the Virginia Museum of Transportation; authorizing the City Manager to execute a Memorandum of Understanding among Virginia Department of Historic Resources, Virginia Museum of Transportation and the City of Roanoke; and authorizing the City Manager to take certain other actions in connection with the above matter. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Commonwealth of Virginia Department of Historic Resources award of funds in the total amount of$500,000 for the Virginia Museum of Transportation, with no local match from the City, all as more fully set forth in the City Council Agenda Report dated November 21, 2022. 2. The City Manager or his designee is hereby authorized to execute a Memorandum of Understanding among Virginia Department of Historic Resources, Virginia Museum of Transportation and the City of Roanoke, substantially similar to the one attached to the above- mentioned City Council Agenda Report. Such Agreement shall be approved as to form by the City Attorney. 3. The City Manager or his designee is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds for the above mentioned project, with any such documents to be approved as to form by the City Attorney. ATTEST: n��� City Clerk. d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21 st day of November 2022. No. 42487-112122. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Historic Resources, amending and reordaining certain sections of the 2022-2023 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 2022-2023 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expenditures Program Activities 35-530-5251-2066 $ 500,000 Revenues VA Museum of Transportation 35-530-5251-5251 $ 500,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: Acceptance of the Commonwealth of Virginia's $500,000 appropriation, administered as a grant by the Department of Historic Resources, for the Virginia Museum of Transportation. Background: The Commonwealth of Virginia's budget for the 2022/2023 fiscal year includes a $500,000 appropriation for the Virginia Museum of Transportation for the exclusive support of general improvements to the facility; enhancements to educational & other programs; website development; exhibit preservation; and the purchase of additional rail cars & restoration. The grant award is to be administered by the Department of Historic Resources (DHR) and must pass through the City of Roanoke as the local government before being disbursed. Considerations: DHR is the State Historic Preservation Office of the Commonwealth. DHR fosters, encourages, and supports the stewardship and use of Virginia's significant architectural, archaeological, and historic resources as valuable assets for the economic, educational, social, and cultural benefit of citizens and communities. A significant responsibility is the administration and review of state and federal historic preservation grant programs for financial and programmatic compliance. DHR is authorized to administer state grants to non- state agencies under the Code of Virginia. The mission of the Virginia Museum of Transportation is to preserve and interpret the transportation heritage of the Commonwealth by collecting, restoring, and exhibiting significant artifacts in order to serve and educate the citizens of Virginia. Located in downtown Roanoke's century-old freight station, the museum includes an extensive collection of steam, diesel, and electric locomotives and other types of rail cars. A Memorandum of Understanding (MOU) has been developed to establish a partnership among the Virginia Department of Historic Resources, the City of Roanoke, and the Virginia Museum of Transportation. Once the MOU is fully executed, the City of Roanoke will serve as a fiscal conduit for the Project by receiving and transferring the grant funds in full to the Virginia Museum of Transportation. Recommended Action: Authorize the City Manager or his designee to execute the MOU as referenced above, approved as to form by the City Attorney; accept the 2022/2023 State Grant for the Virginia Museum of Transportation as administered by the Department of Historic Resources, all documents approved as to form by the City Attorney, and adopt the accompanying budget ordinance to authorize the Director of Finance to appropriate funding. "I-0 Bob Cowell, City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager W. Brent Robertson, Assistant City Manager/Director of Finance Amelia C. Merchant, Deputy Director of Finance Mendy Flynn, Executive Director, Virginia Museum of Transportation Stephanie Williams, DHR Deputy Director Caitlin Sylvester, DHR's Grant Coordinator Memorandum of Understanding Among The Virginia Department of Historic Resources And The City of Roanoke, Virginia And The Virginia Museum of Transportation, Inc. For the Administration of the FY 2022-2023 State Grant for Historic Preservation The Commonwealth of Virginia through the Department of Historic Resources will provide $500,000 to the Virginia Museum of Transportation for the exclusive support of the General Improvements to Facility; Enhancements to Educational & Other Programs; Website Development; Exhibit Preservation; Purchase of Additional Rail Cars & Restoration (hereinafter"the Project"). This Memorandum of Understanding(hereinafter WOU")establishes a partnership among the Virginia Department of Historic Resources (hereinafter "DHR"), City of Roanoke, an official subdivision of the Commonwealth (hereinafter"the Local Government"), and the Virginia Museum of Transportation, Inc. (hereinafter"the Recipient`). I. MISSION DHR is the State Historic Preservation Office of the Commonwealth. DHR fosters, encourages, and supports the stewardship and use of Virginia's significant architectural, archaeological, and historic resources as valuable assets for the economic, educational, social, and cultural benefit of citizens and communities. A significant responsibility is the administration and review of state and federal historic preservation grant programs for financial and programmatic compliance. DHR is authorized to administer state grants to non-state agencies under the Code of Virginia. The mission of the Virginia Museum of Transportation is to preserve and interpret the transportation heritage of the Commonwealth by collecting, restoring, and exhibiting significant artifacts in order to serve and educate the citizens of Virginia. Located in downtown Roanoke's century-old freight station, the museum includes an extensive collection of steam, diesel, and electric locomotives and other types of rail cars. Together, the Parties enter into this MOU to mutually promote efforts to execute the Project. Accordingly, DHR, the Local Government and the Recipient operating under this MOU agree as follows: II. PURPOSE AND SCOPE DHR, the Local Government and the Recipient will cooperate to ensure the correct and timely administration of the grant and the appropriate use and disbursement of its funds. 1. The "Partners" are forming a collaboration to comply with the provisions of Chapter 2 of the 2022 Acts of Assembly. 2. The collaboration is intended to benefit the citizens of the City and the Commonwealth. 3. Each organization which is a party to this MOU is responsible for its own expenses related to this MOU. 4. There will be an exchange of funds between the parties for tasks associated with this MOU as outlined below. III. RESPONSIBILITIES Each party will appoint a person to serve as the official contact and coordinate the activities of each organization in carrying out this MOU. The initial appointees of each organization are: DHR: Caitlin Sylvester, Grants Coordinator Caitlin.sylvester(a.dhr.virginia.gov (804)482-6461 2801 Kensington Ave., Richmond, VA 23221 Local Government: Robert S. Cowell, Jr., City Manager Bob.cowell o-)roanokeva.gov (540) 853-2333 215 Church Avenue SW. Room 364, Roanoke, VA 24011 Recipient: Mendy L. Flynn, Executive Director Mflynn(a-),vmt.org (540) 397-3101 313 Norfolk Avenue SW, Roanoke, VA 24061 DHR will: • Transfer award funding in the amount of$500,000 to the Local Government upon full execution of this MOU, but no later than June 30, 2023; • Authorize and instruct the Local Government to transfer funds to the Recipient upon full execution of this MOU; • Instruct the Recipient on the procedures for maintaining the financial records of the grant; The Local Government will: • Serve as fiscal conduit for the Project by receiving and transferring the grant funds in full to the Recipient upon full execution of this MOU. The Recipient will: • Submit project information form • Maintain accurate records for the use of the grant funds and retain the records for a minimum of five (5) years from completion of the Project. • Submit a final project report (see Exhibit A)to DHR and the Local Government within 30 days of the full expenditure of the grant funds. IV. TERMS OF UNDERSTANDING The term of this MOU is for a period of two years from the effective date of this agreement and may be extended upon written mutual agreement. It shall be reviewed annually to ensure that it is fulfilling its purpose and to make any necessary revisions. Authorization On behalf of the organization I represent, I agree to the terms set forth in this agreement. DHR: (signature) (date) Julie V. Langan. Director and SHPO Local Government: (signature) (date) Robert S. Cowell, Jr., Roanoke City Manager Recipient: (signature) (date) Mendy L. Flynn, Virginia Museum of Transportation, Executive Director EXHIBIT A Name of Recipient: Project Director Name: Project Director Title: Project Director Phone: Project Director Email: Grant Period: End date Project Title: Final Report Instructions: Please answer all questions within this document. Label all pages with the name of the Recipient organization. The final project worksheet, and all supporting materials, including copies of all invoices and receipts, must be submitted to DHR with this report. Project Description 2. Summarize the results of the project accomplished under this grant. Z. Describe any differences between the planned results as stated in the Project Scope of Work and the actual results. (N/A is an ollowable response) Financial Information Please describe how the state funds were allocated to your project. Note: You may indicate non-state funds that were used to complete the project, however, no matching funding,is required. Experience Answers to the following questions will help us improve the administration of this grant program. L What were the major successes or obstacles you faced in implementing your grant project and what additional assistance (from partner organizations, the community, DHR, etc.) would have benefited your organization? 2. Provide a quote and citation/author that describes how this project has benefited the local community and the Commonwealth and how it has furthered the public's knowledge of significant historical/cultural event(s) that shaped the nation. This quote may be used by the Commonwealth and/or DNR in publications or other social media. Final date due: Final date submitted: Recipients Official's Signature: Date: Printed Name: Phone: Email: Date Final approved by DHR: DHR Grant Manager Signature: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21"day of November 2022. No. 42488-112122. A RESOLUTION accepting the Virginia Department of Transportation's ("VDOT") award of funds to the City in the total amount of$460,000 for pedestrian improvements to the Williamson Road Pedestrian Safety project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement; 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: 1. The City of Roanoke hereby accepts the VDOT award of funds in the total amount of $460,000 for pedestrian improvements to the Williamson Road Pedestrian Safety project, with a required local match of$115,000 from the City, all as more fully set forth in the City Council Agenda Report dated November 21, 2022. 2. The City Manager or his designee is hereby authorized to execute a VDOT Standard Project Administration Agreement, substantially similar to the one attached to the above-mentioned City Council Agenda Report, as further set forth in such Agenda Report. Such Agreement shall be approved as to form by the City Attorney. 3. The City Manager or his designee is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds for the above mentioned project, with any such documents to be approved as to form by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21 st of November 2022. No. 42489-112122. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Transportation, amending and reordaining certain sections of the 2022- 2023 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 2022-2023 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expenditures Approp. From State Grant Funds 08-530-9148-9007 $ 460,000 Approp. From General Revenue 08-530-9148-9003 115,000 Approp. From General Revenue 08-530-9799-9003 (115,000) Revenues Williamson Road Pedestrian Safety Improvements 35-530-9148-5251 $ 460,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ]] City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: Acceptance of Virginia Department of Transportation FY22 (VDOT) Transportation Alternatives Set Aside (TA) — Authorization for New VDOT Agreement and Appropriation of Funds for the Williamson Rd Pedestrian Safety Improvements. Background: The Virginia Department of Transportation (VDOT) Transportation Alternatives (TA) Program provides funding for programs and projects, including greenways, bicycle, pedestrian, and transit projects to improve non-driver access to public transportation, enhanced mobility, community improvement activities, and environmental mitigation. These funds require a 20% local fund match. The Transportation Division submitted a FY22 project proposal to VDOT and was subsequently awarded funding. The proposed project will provide new sidewalks, driveway entrances, and ADA curb ramps where none currently exist along the west side of Williamson Road from Hawthorne Drive to Woodbury Street. Considerations: There is a 20% local match required for TA applications. The total project estimated cost is $575,000, comprised of $460,000 in TA funds and the required 20% local fund match of $115,000, which will be provided through the City's capital fund for sidewalk maintenance and repairs. VDOT has allocated $460,000 for this project. VDOT also requires that the locality administer this project. Transportation Division staff will manage the project design and will also manage construction activities. Recommended Action: Accept VDOT's award of the Transportation Alternatives Set Aside (TA) funding in the total amount of$460,000 and appropriate into a new capital account for this project. Authorize the City Manager or his designee to execute a VDOT Standard Project Administration Agreement attached to this City Manager's Report. The City Attorney shall approve such an agreement. Further, authorize the City Manager or his designee to take such further actions and execute such documents as necessary to obtain, accept, implement, administer, and use such funds identified above. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in the same amount to the new expenditure account, Williamson Rd Pedestrian Safety Improvements. 1--0 Bob Cowell, City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager Brent Robertson, Assistant City Manager/Director of Finance Ian Shaw, Acting Director of Public Works Dwayne D'Ardenne, Transportation Division Manager Hong Liu, City Traffic Engineer STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects Project Number UPC Local Government EN22-128-503 122099 Citv of Roanoke THIS AGREEMENT.. is hereby made and effective the date of the last (latest) signature set forth below, by and between the CITY OF ROANOKE. VIRGINIA. hereinafter referred to as the LOCALITY" and the Conunonwealth of Virginia. Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the"Parties." WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown in Appendix A is hereinafter referred to as the "Project," and NVHEREAS, the funds shown in Appendix A have been allocated to finance the Project; and WHEREAS, the LOCALITY is committed to the development and delivery of the Project in an expeditious manner; and WHEREAS, the LOCALITY is responsible for administering the Project in accordance with DEPARTMENT guidelines. including the most current Localh'.4dininistered Projects llanual("LAP Manual"). and with the program specific requirements shown in Appendix B. based on the nature of the allocated funding for the Project as shown in the Appendix A. and WHEREAS. the Parties have concurred in the DEPARTMENT's administration of the specific Project services shown in Appendix C; and WHEREAS. the Parties have concurred in the LOCALITY's administration of all phases of work for the Project in accordance with applicable federal, state and local laws and regulations; and WHEREAS,the LOCALITY's governing body has by resolution, demonstrated the LOCALITY'S commitment to provide local funding for the Project to the extent contemplated by this Agreement and further. by resolution or otheiivise, authorized its designee to execute this Agreement, and said authorizations are attached hereto. NOW THEREFORE, in consideration of the mutual premises contained herein. the Parties hereto agree as follows: 1. The representations. covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. Federal Aid Project Administration Agreement Locality:Citta of Roanoke Project Number:E-V'__'-1_'F-50_.LPC 1"099 2. The LOCALITY sliall: a. Be responsible for all activities necessary to complete the noted phase(s) of the Project as shown in Appendix A. except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT. as expressly required by federal or state laws and regulations,or as otherwise agreed to, in writing.between the Parties. Every phase of the Project will be designed and constricted to meet or exceed current American Association of State Highway and Transportation Officials standards when the facilities are locally maintained and shall further comply with all supplementary standards established by the DEPARTMENT when the facilities are maintained by the DEPARTMENT. b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, all applicable Commonwealth Transportation Board and DEPARTMENT policies, and those additional requirements as identified in Appendices A and B to this Agreement. Noncompliance with this requirement may result in deallocation of the funding from the Project, rescission of state funding match, termination of this Agreement, or the DEPARTMENT's denial of future requests to administer projects by the LOCALITY. all of which actions are at the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws. regulations, or policies. c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, advertisement and award for the Project. as required in the most current LAP Manual and other applicable DEPARTMENT guidelines. d. Administer the Project in accordance with the DEPARTMENT's most current LAP ,Manual and other guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of the Project's development as required in the LAP Manual and any supplemental guidance and directives of the DEPARTMENT and retain documentation of all expenditures and snake such information available for inspection or auditing by the DEPARTMENT upon request. Records and documentation for the Project shall be mauitained for no less than three (3) years following the DEPARTMENT'S acceptance of the final voucher on the Project. f. At least quarterly, but no more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of vendor and contractor invoices paid by the LOCALITY, an up-to-date Project summary and schedule, and a summary of all payment requests, payments and adjustments. A request for reimbursement shall be made within 90 days after any eligible Project expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures OAG Approved 7/28%2022 2 Federal Aid Project Admimstration A?reement Localih-:Citv of Roanoke Project Number-Eti222-1218-503.UPC 122099 shall not exceed hinds allocated each year for the Project by the Conunonwealth Transportation Board in the Six Year Improvement Program. g. Acknowledges that for federally-funded projects and pursuant to 2 CFR S 200.339,. Remedies for Noncompliance, failure to comply with federal laws and regulations, or the terms and conditions of federal awards, may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. h. Reimburse the DEPARTMENT for all Project expenses incurred by the DEPARTMENT if, due to action or inaction of the LOCALITY, federally-funded Project expenditures incurred are not reimbursed by the Federal Highway Administration(FHWA), or reimbursements are required to be returned to the FHW'A. or in the event the reimbursement is required by the provisions of§ 33.2-214 or§ 33.2- 331 of the Code of Virginia (1950), as amended, or other applicable provisions of federal, state, or local law or regulations. i. On projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. j. Administer the Project in accordance with all applicable federal, state, and local laws and regulations. Failure to fulfill legal obligations associated Nvith the Project may result in forfeiture of federal or state-aid reimbursements. k. If legal services other than that provided by staff counsel are required in connection with condenmation 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. 1. Provide, or have others provide, maintenance of the Project upon completion. unless otherwise agreed to by the DEPARTMENT. Where the Project results in physical construction, the LOCALITY will continue to operate and maintain the Project in accordance with the final constructed design as approved by the DEPARTMENT. The LOCALITY agrees that any modification of the approved design features, without the approval of the DEPARTMENT, may, at the discretion of the DEPARTMENT, result in restitution either physically or monetarily as determined by the DEPARTMENT. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals,within a reasonable time, which are the responsibility of the DEPARTMENT, required by federal and state laws and regulations. or as otherwise agreed to, in writing. between the pat ties. and provide OAG Approved T2&2022 3 Federal Aid Project administration Agreement Locality-:Citi-of Roanoke Proiect'Numher:EN7'_2-1'_S-503.UPC 122099 necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.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. Where applicable. 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 paragraphs 2. a. and 3.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance Nvitli federal and state laws and regulations. e. Upon LOCALITY'S request, make available to the LOCALITY guidelines to assist the Parties in carrying out responsibilities under this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to § 33.2- 1011 of the Code of Virginia (19-50). as amended. -5. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. State and federal Project funding is limited to those identified in the Appendix A of this Agreement and is allocable only upon LOCALITY's compliance with all requirements of this Agreement. In the event the cost of all or part of the Project is anticipated to exceed the allocation shown on Appendix A. the Parties agree to cooperate in seeking additional funding for the Project or to terminate the Project before Project costs exceed the allocated amount. Any requested increase in federal or state funding is subject to DEPARTMENT policy and procedures applicable to the funding source and is not guaranteed. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknoNvledge. in entering this Agreement. that the individuals acting on behalf of the Parties are acting within the scope of their official authority and capacity and the Parties agree that neither Party will bring a suit or assert a claire against any official, officer, or employee of either Party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherlvise enforce the terms and conditions of this Agreement. The foregoing notwithstanding. nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary OAG Approved 7'28%2022 4 Federal Aid Project Administration Agreement Locahte:Cite of Roanoke ProjectNumber:EV22-128-50-.UPC 1_12099 hereunder. or authorize any person or entity, not a party hereto,to maintain any action for. without limitation, personal injury, property damage, breach of contract. or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments. pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing. received a true copy of such agreement(s) and has affirmatively agreed, in writing. to be bound by such Agreement. 9. This Agreement may be terminated by either Party upon 30 days advance written notice to the other Party. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 21. 2.11., and 3.b, subject to the limitations established in tills Agreement and Appendix A. Upon termination and unless otherwise agreed to, 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 Nv111 have ownership of the plans, specifications, and right of way. 10. Prior to any action pursuant to paragraphs 2.b, 2.g. or 2.1i.of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the LOCALITY's breach of this Agreement. 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 stating 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 or at lav or in equity. 11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by tine Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any Party. 12. THIS AGREEMENT, when properly executed,. shall be binding upon both Parties. their successors, and assigns. 13. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties. OAG Approved T28i2022 5 Federal Aid Project Administration Agreement Locality:Cine o2 Roanoke Project Number:EN22-123-54_,LPC 122099 IN WITNESS NN'HEREOF, each Party hereto has caused this Agreement to be executed by their duly authorized representatives, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. CITY OF ROANOIE,VIRGINIA: Signature Date Title NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. CO-NIIZONR'EALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Signature Date Chief of Policy, Commonwealth of Virginia. Department of Transportation Attachments Appendix A Appendix B Appendix C OAG Approved 7/28/2022 6 Appendix A- Locally Administered Version: Original Prepared Date: 10.+17/2022 Rojject gaffe UPC. 122099 State Project#. EN22-128-503 CFDA#: 20.205 Locality UEl# 1 NBFNAEXRHD76 Locality. City of Roanoke Address: 215 Church Avenue;SW. Roanoke..VA 24011 WILLIAMSON RD PEDESTRIAN SAFETY-ROANOKE. Provide sidewalk and ADA curb ramps where none currently exists along the west side Williamson Road NW from Work Description. Hawthorne Drive to Woodbury Street. Driveways will be updated as necessary to meet Project Location 24012-1729 ADA cross-slope requirements.A refuge island is planned at the Woodbury Street (Zip+4) intersection. Oct Polift of Contact Locality Project Manager VDOT Project Coordinator Name: Ian Coffey Name: Jessie.Nester Phone: 540-853-2210 Phone: 540-613-4115 Email: ian.coffey@roanokeva.gov Email: Jessie.Nester@vdot.virginia.gov Project mates Preliminary Right of Way and Engineering Utilities Construction Total Estimated Locality Project Expenses $O $582 $544,418 $545,000 Estimated VDOT Project Oversight 55,000 $5;000 5153000 $257000 Estimated VDOT Project Services(Appendix C) $5,000 5o 50 $5,000 Estimated Total Project Costs $10:000 55;582 5559;418 S5751000 Project Fina " Allocated Funds Local 4,b Max Reimbursement to Total Estimated Allocated Funds Type Amount Participation Local Share Total Locality Reimbursement to Locality Transportation Alternatives $575.000 20% 5115,000 S460,000 $0 5o $0 so so so $0 so So So so $0 $0 $0 so $0 $0 $0 so $0 $0 $0 Funding Totals 575,000 115,000 460,000 '430;000 I'Iote-Tne funds order snot ndicat+ve of the actua spend order of funds on the proiect Tn s Append.x A supersedes a;i arev,ous versions signed a. VDOT a.nd Me LOCALITY for toe Ploject. Authorized Localiiy Official Date Authorized VDOT Official Date Printed Name of Locality Official Printed Name of VDOT Official Title of Locality Official Title of VDOT Official This attachment is certified and made an official attachment to this document by the Parties to this Agreement. Updated June 2022 Federal.did Agreement Appendix B—Special Funding Program Conditions and Requirements Project Number UPC Local Government EN22-128-503 122099 City of Roanoke .5:1L4RT SOLE Administration of this Project, including but not limited to the Project estimate, schedule and commitment to fiinding. is subject to the requirements established in the Commonwealth Transportation Board's (CTB's)most current Police for linplemerrtation of the S_IZ4RTSC4LE Project PriorW.:atiorr Process,the applicable requirements of the Code of Virginia, and VDOT's applicable Instructional andInformational formational.4feworanda. Without limiting the foregoing. this Project has been selected through the Smart Scale (HB2) application and selection process and will remain in the Six-Year Irnproveinent Plan(SYIP) as a fiinding priority unless certain conditions set forth in the CTB's most current Polio•for Implennentatiorn of a Project Prioriti_atiou Process arise. Pursuant to the CTB's Policy for Impleinerntatiorn of a Project Prioriti_ation Process. this Project will be re-scored andlor the funding decision re-evaluated if any of the folloNving conditions apply: a change in the scope, an estimate increase, or a reduction in the locally regionally leveraged hinds. Applications may not be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase on a previously selected Project. This Project shall be initiated and at least a portion of the Project's programmed funds expended within one year of the budgeted year of allocation or flznding may be subject to reprogramming to other projects selected through the prioritization process. In the event the Project is not advanced to the next phase of construction when requested by the CTB, the LOCALITY or the localities within the metropolitan planning organization may be required,pursuant to 7 33.2-214 of the Code of Virginia. to reimburse the DEPARTME'vT for all state and federal fluids expended on the Project. Transportation Alternatives Program This Project shall be administered in accordance with VDOT's most current Transportation .41ter7ratives Program Guide. Without limiting the foregoing. CTB policy for allocations from the Transportation Alternatives Programs requires that the Project must be advertised or otherwise under construction within four years of the initial Project allocation or otherwise be subject to deallocation, unless prior Department approval has been provided. The DEPARTMENT shall conduct all environmental studies necessary to complete an environmental document in compliance with the National Environmental Policy Act. unless otherwise agreed to in writing and attached to this Agreement. The LOCALITY is responsible for implementing any environmental commitments resulting from the enviromuental studies. In addition. the LOCALITY is OAG Reviewed 7/28/2022 1 responsible for obtaining any water quality permits and conducting any required hazardous materials due diligence efforts. VDOT's estimated cost for the environmental studies and submissions will be proN-ided to the LOCALITY and deducted from the Project funds. Regional Surface Transportation Program (RSTP) Allocated Regional Surface Transportation Program Rinds must be obligated xvithin 12 months of allocation and expended within 36 months of the obligation. Congestion Mitigation Air Quality(C11140) Allocated Congestion`litigation and Air Quality Program finds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Revenue Sharing This Project shall be administered in accordance with VDOT's most current Revenue Sharing Program Guidelines . Without limiting the foregoing. the Project shall be initiated such that at least a portion of the Revenue Sharing Funds are expended within one year of allocation. For any project that has not been initiated within one year, the CTB has the discretion to defer consideration of future allocations until the Project moves forward. Further, if the Project has not been initiated within two fiscal years subsequent to the allocation of Revenue Sharing Funds, tine Revenue Sharing Funds for the Project may be subject to deallocation from tine Project at the discretion of the CTB. State of Good Repair(SGR)Bridge Project estimate, schedule, and commitment to finding are subject to the requirements established in the CT13's.State of Good Repair Progtrain Prioriti.ration Process Jlkthodologv, the Code of Virginia, and VDOT's Instructional and Informational i11emor nlda. Projects receiving finding under this program must initiate tine Preluninary Engineering or the Constriction Phase within 24 months of award of finding or become subject to deallocation. In the event the Project is not advanced to the next phase of constriction. the LOCALITY may be required. pursuant to § 33.2-214 of the Code of Virginia. to reimburse the Department for all state and federal finds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Prograin Prioritisation Process Methodology, this Project will be re-scored an&or the funding decision re- evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locallyiregionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same bridge structure to account for a cost increase on a previously selected Project. OAG Reviewed 7/28/2022 2 State of Good Repair(SGR)Paring Project estimate. schedule. and commitment to fiunding are subject to the requirements established in the CTB's State of Good Repair Program Prioriti_ation Process'llethodologt•. the Code of Virginia. and VDOT's Instructional and hrforrrratiorrcrl.11errrorarrda. Projects receiving funding under this program must be advertised-,within twelve months of award fiinding or be subject to deallocation. In the event the Project is not advanced to the next phase of construction. the LOCALITY may be required.pursuant to § 33.2-214 of the Code of Virginia. to reimburse the Department for all state and federal fiends expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioritization Process Methodology. this Project will be re-scored and or the funding decision re- evaluated if any of the following conditions apply: a change in the scope. an estimate increase. or a reduction in the locally./regionally leveraged hinds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same roadway segment to account for a cost increase on a previously selected Project. Economic Access This Project shall be administered in accordance with VDOT's most current Economic Development Access Program Guide. Airport Access This Project shall be administered in accordance with VDOT's most current.4irportAccess Program Guide. Authorized Local Government Signature and Date Printed Name of Local Government OAG Reviewed 7/28/2022 3 Appendix C -- Department Project Specific Services Project Number L?PC' Local Government EN22-128-_503 122099 City of Roanoke Service Description etas ec Scope soma e Enviromnental Coordinate and prepare NEPA Document otal Estimated Cost of Services Authorized Locality-Official Signature and Date Authorized VDOT Official Signature and Date Printed Name of Locality Official Printed Name of N'DOT Official Title of Locality-Official Title of N'DOT Official Updated June 2022 4 d . . E M off WPMiamson Rd 14 Aw w w , Project Scope p Include sidewalk where none currently exist on Williamson Rd as shown in blue. Provide ADA curb ramps at Hawthorne,Woodbury,and driveway access points. Project includes curb and gutter and will reset a stormwater inlet reducing ponding and improve stormwater channelization on Williamson Rd. Anticipated project cost is$575,000 Project funding via the Transportation Alternatives program. Construction completion projected for 2027. IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21"day of November 2022. No. 42490-112122. AN ORDINANCE authorizing the acquisition of certain flood-prone property located on Peters Creek Road, N.W., for the Hazard Mitigation Program with funds from the Federal Emergency Management Agency,Pre-Disaster Mitigation grants,and Flood Mitigation Assistance grants administered by the Virginia Department of Emergency Management; upon certain terms and conditions; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or his designee is authorized to execute the necessary documents, upon form approved by the City Attorney, to purchase real estate located on Peters Creek Road, N.W., as more particularly stated in the City Council Agenda Reported dated November 21, 2022, for the Hazard Mitigation Program. 2. Grant funding for purchase of these properties will be sought for the Hazard Mitigation Program from the Federal Emergency Management Agency, Pre-Disaster Mitigation grants, and Flood Mitigation Assistance grants administered by the Virginia Department of Emergency Management at a later date. 3. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. r WWI ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: Acquisition of Real Property Rights associated with the Hazard Mitigation Grant Program. Background: Since the Flood of 1985, the City has purchased more than 100 floodprone properties via Federal Emergency Management Agency (FEMA) Pre-Disaster Mitigation (PDM) grants and Flood Mitigation Assistance (FMA) grants as administered by the Virginia Department of Emergency Management (VDEM). To date, over $6. 3M has been spent to remove a total of 118 flood prone structures previously subject to damage as a result of rising flood waters. The City has the opportunity to submit additional properties for grant funding through the Hazard Mitigation Grant Program. This program is structured as such that the grant, through FEMA and VDEM, pays 100% in program costs including, but not limited to, fee simple purchase of the parcel and structure(s), environmental assessment of the parcel and structure(s), remediation of any identified environmental hazards, demolition of structure(s), grading and restoration of the parcel to become a lawn, and finally, placement of a conservation easement on the parcel such that no future development would be allowed. The City also continues to acquire vacant parcels to address stormwater flooding issues using 100% Stormwater Utility funds. Under City ownership, debris removal from the stream channels can be performed on a routine basis without need for a maintenance easement or right-of-entry permit from a private parcel owner. Further, under City ownership, the riparian buffer area along the stream channel of these vacant parcels can be enhanced to not only reduce downstream flooding but also improve water quality downstream as required by the City's Municipal Separate Storm Sewer System (MS4) permit's sediment Total Maximum Daily Load (TMDL) action plan. Finally, open space parcels having deeded restrictive covenants in proximity to river and tributary floodplains add points towards the City's progressive floodplain management activities resulting in City residents being eligible for a 15% discount on flood insurance premiums as part of the National Flood Insurance Program's Community Rating System (CRS). In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from private owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Hazard Mitigation Grant Program. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. The City may also need to acquire various other property rights involving the property listed below and other properties that have not yet been identified for this project. The properties that have been identified so far are as follows: TAXID ADDRESS OWNER Action 6120512 1642 Peters Creek Rd NW 1642 Peters Creek Rd Corp Fee Simple 6120510 1612 Peters Creek Rd NW Fatima Property LLC Fee Simple 6120509 1608 Peters Creek Rd NW Robert M Khatib Fee Simple 6120508 1524 Peters Creek Rd NW Marvin L & Hilda M Hodge Fee Simple 6120507 1516 Peters Creek Rd NW Independent Landlord LLC Fee Simple 6120506 0 Peters Creek Rd NW Commonwealth of VA Fee Simple Stormwater Utility will seek Council authorization to accept funds awarded by the Virginia Department of Emergency Management through the Hazard Mitigation Grant Program Summer 2023. Any acquisition prior to Council authorization for grant funds will be using Utility revenue, with Council approval to acquire certain property rights from the owners and addresses listed. Recommended Action: Authorize the acquisition of any and all real property rights needed to acquire certain properties for the Hazard Mitigation Grant Program, including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager or his designee, such documents to be approved as to form by the City Attorney. Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager Ian Shaw, P.E., Acting Director of Public Works Michael Venable, Acting Stormwater Manager Mckenzie Brocker, Water Quality Administrator Marcus F. Aguilar, PE, PhD, Stormwater Research Engineer R. Curry McWilliams. EIT, Civil Engineer 1 Cassandra L. Turner, Economic Development Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21" day of November 2022. No. 42491-112122. AN ORDINANCE providing for the acquisition of real property identified as 2435 Hollins Road,N.E.,Tax Map No. 3250303,2429 Hollins Road,N.E.,Tax Map No. 3250302,and 2409 Hollins Road, N.E., Tax Map No. 3250301, needed by the City in connection with the Hollins-Liberty Road Stormwater Drainage Improvement Project; authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager or his designee to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights identified as 2435 Hollins Road,N.E., Tax Map No. 3250303, 2429 Hollins Road, N.E., Tax Map No. 3250302, and 2409 Hollins Road, N.E., Tax Map No. 3250301, to include permanent drainage easements, and such other real property interests as needed, as set forth in the City Council Agenda Report dated November 21, 2022. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above-mentioned City Council Agenda Report. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager or his designee is authorized to execute appropriate acquisition documents for the above mentioned parcels for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available for these purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: L4.e t�"'�. . City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: Acquisition of Real Property Rights for Stormwater Drainage Improvement Project — Hollins-Liberty Road. Background: In September 2019, the City applied for VDOT Local Revenue Sharing Funds for the Hollins- Liberty Road Drainage Improvements Project. In October of 2022, Council authorized the appropriation of these funds. The stormwater improvement project includes the installation of curb, gutter, and stormwater infrastructure along Hollins Rd NE between the intersections of Liberty Rd NE and Palmer Ave NE. Once complete, the project will alleviate ponding water in the sump of the road. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from various property owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Hollins-Liberty Road Stormwater Drainage Improvements Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights will be available in the Hollins Drainage Improvements multi-year account (Acct 03-530-3033). Permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect three (3) properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the property listed below and other properties which have not yet been identified for this project. The properties that have been identified so far are as follows: Tax Map Address Owner Required Property Rights Parcel Number 3250303 2435 Hollins Road NE Larry Permanent Drainage Franklin Easement 3250302 2429 Hollins Road NE Artie Burton Permanent Drainage Easement 3250301 2409 Hollins Road NE Artie Burton Permanent Drainage Easement Recommended Action: Authorize the acquisition of any real property rights needed to construct the proposed Hollins- Liberty Road Stormwater Drainage Improvements Project, including but not limited to the specific property rights identified in the City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager Amelia C. Merchant, Deputy Director of Finance Ian Shaw, P.E., Acting Director of Public Works Michael Venable, Acting Stormwater Manager Cassandra L. Turner, Economic Development Specialist Elizabeth Paden, P.E., Stormwater CIP Program Manager EUR REC CENTER REDEVELOPMENT COMMUNITY ENGAGEMENT MEETING Melrose Library Community Room TUESDAY, DECEMBER 6 1 6:00 - 7:30 PM Hear from Department Staff and the Architectural Team View Design Concepts and Potential Amenities Provide Your Feedback and Input ROANOKE PARKS AND RECREATION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of November 2022. No. 42492-112122. AN ORDINANCE amending and reordaining Chapter 12, Fire Prevention and Protection, Section 12-17,Violations, and adding a new Article IV, Smoke Alarms, Code of the City of Roanoke(1979) as amended. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke(1979), as amended, is hereby amended and reordained to read and provide as follows: CHAPTER 12—FIRE PREVENTION AND PROTECTION See. 12-17. Violations. It shall be unlawful for any owner or any other person, firm, or corporation to violate any provisions of the Statewide Fire Prevention Code, or the City of Roanoke Fire Prevention Code. Any such violation shall be deemed a Class 1 misdemeanor, and any owner, or any other person, firm, or corporation convicted of such violation shall be punished in accordance with the provisions of Section 18.2-11 of the Code of Virginia(1950), as amended, and each day of a continuing violation may be prosecuted as a separate offense once the responsible party has been notified. ARTICLE IV. SMOKE ALARMS See. 12-32. Definitions. For the purpose of this article,the following words and phrases shall have the meanings ascribed to them by this section: Dwelling. Any building containing one (1) or more dwelling units. Dwelling unit. A room or combination of rooms containing living, sleeping and kitchen facilities for one (1) family. Hotel. Any building which is regularly used, offered for use, or intended to be used to provide overnight sleeping accommodations for one(1) or more persons for compensation. Motel. Any building or collection of buildings which is regularly used, offered for use, or intended to be used to provide overnight sleeping accommodations for one(1) or more persons for compensation. Owner. The holder of title in fee simple; any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted; or any person who alone or jointly or severally with others: (1) Shall have legal title to any building unit with or without accompanying actual possession thereof; or (2) Shall have charge, care or control of any building or building unit as owner, executor, administrator,trustee, guardian of the estate of the owner,mortgage vendee in possession, assignee of rents, lessee or other person, firm or corporation in control of a building, or their duly authorized agent. Any such person, group of persons, company, association or corporation shall have joint and several responsibility for compliance with the provisions of this article. Roominghouse. A dwelling regularly used, offered for use or intended to be used to provide overnight sleeping accommodations for one(1) or more persons for compensation. See. 12-33. Smoke alarms required. It shall be unlawful for the owner of any building to occupy, lease or rent any dwelling or dwelling unit or to operate,use or permit any building, or part thereof,to be operated or used as a hotel,motel or rooming house until smoke alarms have been installed in it in conformance with the provisions of the Uniform Statewide Building Code. Smoke alarms installed pursuant to this section shall be installed only in conformance with the provisions of the Uniform Statewide Building Code and shall be permitted to be either battery operated or AC powered. Such installation shall not require new or additional wiring and shall be maintained in accordance with the Statewide Fire Prevention Code(§ 27-94 et seq.) and subdivision C 6 of§ 36-105, Part III of the Uniform Statewide Building Code. Sec. 12-34. Certification. The owner of any rented or leased dwelling unit shall provide to each tenant at the beginning of each tenancy, and at least annually thereafter, a certificate stating that all smoke alarms are present,have been inspected by the owner,his employee, or an independent contractor, and are in good working order. Sec. 12-35. Maintenance. (a) Smoke alarms located in public or common areas of multi-family buildings shall be maintained in good working condition by the owner. (b) Except for smoke alarms located in public or common areas of multi-family buildings, interim testing,repair, and maintenance of smoke alarms in rented or leased dwelling units shall be the responsibility of the tenant in accordance with § 55.1-1227 of the Code of Virginia(1950), as amended, as applicable. Sec. 12-36. Records. The owner of any building subject to this article shall maintain records of the inspections, repairs and certificates required by sections 12-34 and 12-35 for a period of two (2) years. Such records shall be made available to the Chief of Roanoke Fire-EMS, or their designated representative,upon request. Sec. 12-37. Exemptions. Nothing herein shall require the upgrading of any smoke alarms provided by the building code in effect at the time of the last renovation of such building, for which a building permit was required, or as otherwise provided in the Uniform Statewide Building Code. Sec. 12-38.Violations. Any person violating a provision of this article shall be guilty of a Class 1 misdemeanor. 2. This Ordinance shall be in full force and effect immediately upon its adoption. 3. Pursuant to Section 12 of the Roanoke City Charter,the second reading by title of this ordinance is hereby dispensed with. ATTEST: J City Clerk. -� op- ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: Amendment of the City Code, Chapter 12, Fire Prevention and Protection, by adding Article IV, Smoke Alarms; and Section 12-17, Violations, Article II, Fire Prevention Code, to make each day a violation occurs a separate offense. Background: According to a 2021 report by the National Fire Protection Association, three out of five home fire deaths occurred in properties with no smoke alarms present or where the smoke alarms failed to operate. In addition, the death rate per 1,000 home structure fires is 55% lower in homes with working smoke alarms compared to homes without. Most structures built in the City of Roanoke since 1976 with a residential use (single family residences, duplexes, apartments, and hotels/motels) have an enforceable requirement for smoke alarm installations. Structures built before 1976, however, do not. The City of Roanoke is proposing the adoption of an ordinance to require the installation of smoke alarms in all buildings that: 1. Contain one or more dwelling units; 2. Any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons; and 3. Any rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations. This ordinance would not require installation of hard-wired smoke alarms, nor would this ordinance require the upgrade of an existing smoke alarm installed pursuant to the building code in effect when the building was constructed. This ordinance will be enacted based on authority granted by the General Assembly in Section 15.2-922 of the Code of Virginia. While the maximum penalty for failure to comply with this ordinance would be a Class 1 Misdemeanor (12 months in jail and a $2,500 fine), our intent is to focus on enforcement in buildings that are offered as paid overnight accommodations (short term rentals, apartments, condominiums, hotels, motels, etc.) In general, a failure to provide smoke alarms to a residence would only be charged as a misdemeanor when the landlord in question has received at least three warnings for any property that they own or control. Enforcement of this regulation will be shared by the Fire Marshal's Office and Code Enforcement. While both agencies will be able to issue warnings, the Fire Marshal's Office will lead any potential criminal enforcement actions. The impact to existing landlords should be minimal. The Virginia Landlord Tenant Act already requires landlords to provide smoke alarms in rental properties. This ordinance simply provides an enforcement mechanism to the City for enforcement of this requirement in instances where a building owner fails to provide these lifesaving devices. In addition, Fire- EMS and the Fire Marshal's Office will continue to install smoke alarms free of charge whenever requested in the City. Lastly, the amendment to Section 12-17 makes each day that an owner delays correcting a fire prevention problem, a new offense. This will help motivate owners to quickly correct the problems which will help save lives. Recommended Action: I recommend that City Council adopt the attached ordinance adding the new Smoke Alarm Article to the City Code. In addition, I recommend amending Section 12-17, Violations, Article II, Fire Prevention Code, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), to make each day that a violation occurs a separate offense. The amendment to Section 12-17 makes each day that the owner delays correcting a fire prevention problem, a new offense. This will help motivate owners to quickly correct the problem which will help save lives. s i Timothy Spencer, City Attorney Distribution: Robert S. Cowell, Jr, City Manager Clarence G. Grier, Deputy City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21 st day of November 2022. No. 42493-112122. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re-ordaining certain sections of the 2022-2023 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 2022-2023 School Grant Fund Appropriations be, and the same are hereby, amended and re-ordained to read and provide as follows: APPROPRIATIONS Original Budget Changes Requested Final Budget Coordinator 302- 160- 0000- 1305- 101S- 61100- 41124- 9-07 $ 93,357.89 $ $ 93,357.89 Teachers 302- 160- 0000- 1305- 101S-61100- 41121- 9-07 219,267.38 219,267.38 302- 160- 0000- 1305- 101S-61100- 41141- 9-07 19,551.05 19,551.05 Instructional Assistants 9,976.14 Secretary/Clerical 302- 160- 0000- 1305- 101S- 61100- 41151- 9-07 9,976.14 302- 160- 0000- 1305- 101S-61100- 42201- 9-07 27,132.86 27,132.86 Social Security Professional Development 302- 160- 0000- 1305- 101S-61100- 41129- 9-07 7,263.66 7,263.66 Materials&Supplies 302- 160- 0000- 1305- 1015- 61100- 46620- 9-07 17,494.43 17,494.43 Gents Accountant 302- 218- LMAT- 1000- 1015-62160- 41137- 9-00 2,500.00 2,500.00 Clerical 302- 211- 0000- 0440- 174S-62140- 41151- 9-00 70,051.00 70,051.00 302- 211- 0000- 0440- 1745- 62140- 42201- 9-00 5,358.90 5,358.90 302- 211- 0000- 044 Social Security 29,450.20 Health and Dental Insurance 0- 1745-62140- 42204- 9-00 29,450.20 302- 232- 0000- 1090- 1745-62220- 43311- 9-00 84,139.90 84,139.90 Professional Health Sendces 33,000.00 Materials&Supplies Other Operating 302- 232- 0000- 1090- 174S-62220- 46615- 9-00 33,000.00 343,648.80 Materials&Supplies Repair&Maintenance Supplies 302- 251- 0000- 0440- 1745- 64220- 46608- 9-00 343,648.80 35,729.14 Adult Ed Teacher 302- 160- 0000- 1305-353S-61100- 41121- 9-07 35,729.14 302- 160- 0000- 1305- 353S- 61100- 42201- 9-07 2,733.28 2,733.28 Social Security 72,941.00 Teachers 302- 160- 0000- 1305- 3555- 61100- 41121- 9-07 72,941.00 302- 160- 0000- 1305-355S- 61100- 42201- 9-07 5,580.00 5,580.00 Social Security $ 1,079,175.63 $ $1,079,175.63 Original Budget Changes Requested Final Budget REVENUE Local Match 302- 160- LMAT- 0000- 101S-00000- 72000- 0-00 $ 28,411.00 $ $ 28,411.00 302- 000- 0000- 0000- 101S-00000- 38002- 0-00 368,132.41 368,132.41 Federal Gent Receipts - 565,648.80 Federal Grant Receipts 302- 000- 0000- 0000- 174S- 00000- 38188- 0-00 565,648.80 302- 000- 0000- 0000-353S-00000- 32240- 0-00 38,462.42 38,462.42 State Grant Receipts 78,521.00 State Grant Receipts 302- 160- 0000- 0000-3555-00000- 32298- 0-00 78,521.00 $ 1,079,175.63 $1,079,175.63 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.,�G;��C-Qc-crr�J • ���2� — - Cty i Clerk r vA ROANOKE CITY U PUBLICSCHOOLS office of the School Board November 21, 2022 The Honorable Sherman P. Lea Sr., Mayor And members of Roanoke City Council Roanoke,Virginia 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Monday,November 14, 2022,the Board respectfully requests that City Council approve the following appropriation requests: New Appropriations Award Adult Basic Education 2022-23 $396,543.41 Virginia School Screening Testing for Assurance Program(ViSSTA)2022-23 $565,648.80 General Adult Education 2022-23 $38,462.42 RACE to GED 2022-23 $78,521.00 On behalf of the School Board,thank you for your consideration. Sincerely Rita S. Huffman, M.Ed. School Board Clerk PC: Tim Spencer Bob Cowell Amelia Merchant Cecelia Webb Maryna Mabes Erik Reinartsen(w/details) Eli Jamison, Chairperson • Joyce Watkins, Vice Chairperson Mary "Franey" Apel • Diane Casola • Mark Cathey • Michael Cherry II • Natasha Saunders Rita Huffman, Clerk of the Board www.rcps.info p: (540)853.2381 f: (540)853.2951 P.O. Box 13145 Roanoke VA 24031 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Background: As the result of official Roanoke City School Board action on Monday, November 14, 2022, the Board respectfully requests that City Council appropriate funding as outlined in this report. The Adult Basic Education program provides funds for the education of adults who have not completed high school. The program will be reimbursed by federal funds in the amount of $368,132. Matching funds are provided in the amount of $28,411. The program will end June 30, 2023. This is a continuing program. The Virginia Department of Health (VDH) and Virginia Department of Education (VDOE) have partnered with the Virginia School Screening Testing for Assurance (ViSSTA) program, which will offer coronavirus (COVID-19) testing for K-12 schools across the Commonwealth for the 2022-23 school year. This award will be fully reimbursed by federal funds in the amount of $565,649 and will end August 30, 2023, The 2022-23 General Adult Education program is the Virginia initiative to provide instructors and related expenses to provide general adult education courses for adults who did not complete high school. The program is reimbursed 100% by state funds, passed through the regional award for which Salem City Schools serves as fiscal agent. The amount of $38,462 represents an estimation of the award, with the final award amount dependent upon the actual regional services provided in Roanoke City. The program will end May 31, 2023. This is a continuing program. The 2022-23 Race to GED program is the Virginia initiative to provide supplies, tuition, and instructors to increase participation in GED examinations by adults who did not complete high school. The program is reimbursed 100% by state funds in the amount of $78,521, passed through the regional award for which Salem City Schools serves as fiscal agent. The program will end May 31, 2023. 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. '110 Bob Cowell, City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Chris Perkins, Chief Operations Officer, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Deputy Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21" day of November 2022. No. 42494-112122. A RESOLUTION adopting and endorsing the 2023 Legislative Program for the City to be presented to the City's delegation of the General Assembly; and authorizing the City's legislative liaison to advocate the positions of the City with respect to matters presented during the 2023 Session of the General Assembly. WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City and our Blue Ridge region; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; WHEREAS, Council is also desirous to authorize its legislative liaison to advocate the position of the City on matters that may affect the City that are not specifically included in its Legislative Program in an efficient and effective manner; and WHEREAS, the Legislative Committee of City Council has recommended to Council a Legislative Program to be presented at the 2023 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by the Legislative Committee is hereby adopted and endorsed by the Council as the City's official 2023 Legislative Program for the 2023 Session of the General Assembly. 2. Council authorizes the City's legislative liaison to advocate on all matters that arise during the 2023 Session of the General Assembly that may affect the interests of the City. With respect to matters that are not specifically included in the 2023 Legislative Program, the City's legislative liaison shall first advise the Chair or Vice Chair of the Legislative Committee and the City Manager of the particular matter and the position that the City should advocate and shall receive the consent of the Chair or Vice Chair of the Legislative Committee and the City Manager to proceed. 3. At the School Board meeting held on November 14, 2022 the School Board approved the 2023 Legislative Program. ATTEST: City Clerk. - CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING David L. Collins 215 CHURCH AVENUE, SW Laura M. Carini ROANOKE, VIRGINIA 24011-1595 Douglas P. Barber, Jr. Kelsey M. Durkin Timothy R. Spencer TELEPHONE 540-853-2431 Jennifer L. Crook City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: cityatty@roanokeva.gov November 21, 2022 Honorable Sherman P. Lea, Sr. and Members of Council Re: Report of City Council Legislative Committee Recommendation to Adopt Proposed 2023 City of Roanoke Legislative Program Mayor Lea and Members of Council: The Chairman Bestpitch and the City Council Legislative Committee proposes to you its recommendation that City Council adopt the 2023 Legislative Program, a copy of which proposal is attached. The proposed 2023 Legislative Program includes several positions regarding major policies that will be considered by the General Assembly during its 2023 session. The program also endorses the VML Legislative Program and Policy Statements and the Roanoke City School Board Policy Statements. The Legislative Committee recommends that City Council adopt the attached resolution to approve the 2023 Legislative Program, as presented. The resolution authorizes the City's legislative liaison to promote the City's legislative priorities and policies and, with the approval of the City Manager and the Chair or Vice Chair of the Legislative Committee, participate in other specific initiatives recommended by the legislative liaison. Sincerely, T' othy R. Spencer City Attorney FINAL City of Roanoke Legislative Committee Legislative Program for 2023 General Assembly Session Legislative Priorities A. Health and Safety 1 Adopt legislation to allow a governing body to adopt a schedule Of for violations of the Statewide Fire Prevention Code, similar to civil civil penalties utilized for enforcement of the Uniform Statewide Building Code Upen SB allies Virginia Maintenance Code (VMC). ( C) and the This recommendation requires amendments to §27-10o, Code of Virginia as amended, as follows: glr►ia 1950, §27-100. Violation a misdemeanor, civil penalties A. It shall be unlawful for any owner or any other person, firm, or corporation, on or after the effective date of any Code provisions to violate any provisions of the Fire Prevention Code. An , ch violation shall be deemed a Class 1 misdemeanor, and any owner, or any other person, firm, or corporation convicted of such violation shall be punished in accordance with the provisions of § 18.2-11. B. Any locality may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified provisions of the Fire Prevention Code. The schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $100 for the initial summons and not more than $350 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offence. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of$4,000. Once a civil penalty has been incurred for a violation, such penalty shall 1 Preclude the prosecution of that violation and any future violation arising from the same operative set of facts, except for any violation resultingin injury to persons, posing a threat to lie safety, or a violation that hasof been remedied within 90 days of the initial violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. As a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator and a representative of the locality shall agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. 2. Adopt legislation to allow localities to limit smoking to designated areas in outdoor parks no farther than one hundred (100) feet from recreation centers, outdoor playgrounds, and sports fields. Smoking within public park property can and does negatively affect the health of other park users, some of whom have asthma or other respiratory illnesses. Since the founding principle of public parks has been and remains to provide a means for better public health, such prohibitions would be consistent with such a mission. This recommendation will require an amendment to § 15.2-2826, Code Virginia 1950, as amended, as follows: of 2 § 15.2-2826. Designationr of "No-Smoking" areas; smoking prohibited in "No-Smoking areas;penalty for violation. — A. The proprietor or other person in charge of (i) an educational facility, except any public elementa school u a health care facility, ( ) �' intermediate, or secondary ' ( ) ; iii a retail establishment of 15,000 square feet or more serving the general public, including, but not limited to, department stores, grocery stores, drug stores, clothing stores, and shoe stores; and (iv) recreational facilities shall designate reasonable no-smoking areas, considering the nature of the use and the size of the building. B. In addition to the authority to establish parks, recreation facilities and Playgrounds set forth in Code§ 15.2-1806, a locality may limit smoking to designated areas within one hundred (100)feet of a sports field, recreation center or outdoor playground. C. For purposes of Subsection B, "smoking"is defined as in § 15.2-2820. D. The proprietor or other person in charge of a space subject to the provisions of this section shall post signs conspicuous to public view stating"Smoking Permitted"or'No Smoking."Any person failing to Post such signs shall be subject to a civil penalty of not more than $25. E. No person shall smoke in a designated no-smoking area and any person who continues to smoke in such area after having been asked to refrain from smoking shall be subject to a civil penalty of not more than$25. F. Civil penalties assessed under this section shall be paid into the Virginia Health Care Fund established under §32.1-366. (2009, cc. 153, 154.) 3. Adopt amendments to § 15.2-1127, Code of Virginia 1950, as amended, to increase the maximum registration fee for registration of buildings that have been vacant for a continuous period of 12 months or more, and which meet the definition of"derelict building" under§ 15.2-907.1, from$100 to$1,000, to increase the civil penalty for failure of an owner to register pursuant to this code section from$200 to$2,000 and from$400 to$4,000 for buildings in a conservation or rehabilitation district, or in other areas designated as blighted 3 pursuant to§36-49.1:1., and to allow localities to place liens on properties for failure to pay a civil penalty. Code of Virginia 1950, as amended, § 15.2-1127, "Vacant building registration; civil penalty," allows cities to require the owner or owners of buildings that have been vacant for a continuous period of 12 months or more, and which meet the definition of"derelict building" under§ 15.2-907.1, to register such buildings on an annual basis and may impose an annual registration fee not to exceed $100 to defray the cost of processing such registration. Currently, the failure for an owner to register pursuant to this code section is a$200 civil penalty or a $400 civil penalty if the building is in a conservation or rehabilitation district, or in other areas designated as blighted pursuant to Virginia Code §36-49.1:1. The $100 registration fee and civil penalties of$200 and $400 do not incentive enou incentive to bring the property into a habitable condition. p gh This proposal requires amendments to Code of Virginia 1950, as amended, 15.2-1127 as follows: § The Town of Clifton Forge, the Town of Pulaski, in a conservation and rehabilitation district of the town, the Town of Timberville, and any city, by ordinance, may require the owner or owners of buildings that have been vacant for a continuous period of 12 months or more, and which meet the definition of"derelict building" Iunder§ 15.2-907.1, to register such buildings on an annual basis and may impose an annual registration fee not to exceed$4-00$4-00 1 000 to defray the cost of processing such registration. The registration of buildings shall be on forms designated by the locality and filed with I the agency designated by the locality. Failure to register shall be a $20499 $2,000 civil penalty; however, failure to register in conservation and rehabilitation districts designated by the governing body,or in other areas designated as blighted pursuant to §36-49.1:1, shall be punishable by a civil penalty not exceeding $498$400 $4,000. Notice shall be mailed to the owner or owners, at the address to which property tax notices are sent, at least 30 days prior to the assessment of the civil penalty. Every civil nonnify authorized by this section with which the owner o an such Property shall have been assessed and which remains un aid shall constitute a lien a ainst such ro ert rank;--n a parity with liens or 4 un aid local real estate taxes and en orceable in the same manner as rovided in Articles 3 58.1-3940 et se . and 4 58.1-3965 et se . o 4 ':j Chapter 39 of Title 58.1 A locality may waive s�,rrh �;oH� , a acilitate the sale of the brobertu Such liens .... YLy"" "` "'"C' cu may be wat��ed �n j as to a purchaser who is unrelated b�blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a Personal nNi anon of the owner of w the property at the time the liens were imposed. - -- 4. Adopt amendments to Code of Virginia 1950, as amended, §46.2-1213(B) "Removal and disposition of unattended or immobile vehicles", to give Code Enforcement officers the authority to cite and remove inoperable motor vehicles on the public right of way. Code inspectors routinely cite inoperable motor vehicles on private property and sometimes these vehicles are moved to the city right of way. Code Enforcement gets many complaints about vehicles on the streets and, because our inspectors are regularly in all areas of the city, it would make sense for them to assist the Police Department in citing these inoperable vehicles with the citation and removal of inoperable motor vehicles, but not abandoned vehicles. Code Enforcement officers would only pursue those vehicles that fit our current definition of inoperable, which is those vehicles that lack a valid license plate, have an inspection sticker expired by more than 60 days, or have some defect that would not pass state inspection (such as flat tires, damage, missing parts, broken windows, etc.). To achieve this proposal, Virginia Code§46.2-1213, "Removal and disposition of unattended or immobile vehicles", will need to be amended to give Code Enforcement officers the authority to cite and remove inoperable motor vehicles on the public right of way. This proposal requires an amendment to Code of Virginia 1950, as amended, 46.2-1213(B) as follows: B. Removal shall be carried out by or under the direction of a law- enforcement officer or other uniformed employee of the local law- enforcement agency who specifically is authorized to do so by the chief law-enforcement officer or his designee, or by or under the direction of the locality's Civil Code Enforcement Division. The ordinance, however, shall not authorize removal of motor vehicles, trailers, semitrailers, and parts thereof from private property without the written request of the owner, lessee, or occupant of the premises. The ordinance may also provide that the person at whose request the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer is removed from private property shall 5 indemnify the county, city, or town against any loss or expense incurred by reason of removal, storage, or sale thereof. Any such ordinance may also provide that it shall be presumed that such motor vehicle, trailer, semitrailer, or part thereof is abandoned if it (i) lacks either a current license plate; or a current county, city or town license plate or sticker; or a valid state safety inspection certificate or sticker; and (ii) it has been in a specific location for four days without being moved. As promptly as possible, each removal shall be reported to a local governmental office to be designated in the ordinance and to the owner of the motor vehicle, trailer, or semitrailer. Before obtaining possession of the motor vehicle, trailer, semitrailer,or part thereof, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating the owner. If the owner fails or refuses to pay the cost or if his identity or whereabouts is unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the office of the Department against the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of Article 1 (§ 46.2-1200 et seq.). 5. ,Adopt amendments to Code of Virginia 1950, as amended, § 15.2-1717.1 Designation of police to enforce trespass violations" and § 18.2-119 "Trespass after having been forbidden to do so;penalties to give police officers the authority to bar trespassers/squatters from the property when the owners are not available or not involved. The City of Roanoke is experiencing people trespassing and/or squatting in vacant structures on private property despite signs indicating that the property is "unsafe" or "unfit" and to "keep out." Currently, the only mechanism available to the City, when the property owner is not available or not involved, is to issue a notice of violation, but the trespassing/squatting individuals are very difficult to find and give notice. Currently, Code of Virginia 1950, as amended, § 18.2-119 allows for the "owner, lessee, custodian or the agent of such person, or other persons lawfully in charge of the property" to request that the police bar people from trespassing/squatting on private property. In addition, Code of Virginia 1950, as amended, § 15.2- 1717.1 and Roanoke City Code§21-32 enable any "owner, lessee, or person lawfully in charge of the property to designate the police department as "a 6 person lawfully in charge" of the property for the purpose of forbidding trespassers from remaining on or returning to specific property. The City of Roanoke requests authority to be designated as a "person lawfully in ' charge of thero er " p p ty, as that phrase is used in Code of Virginia 1950, as amended, §§ 15.2-1717.1 and 18.2-119, when the City's Maintenance Code Official designates a vacant structure as an "unsafe structure" or as a "structure unfit for human occupancy" as those terms are defined in the Virginia Maintenance Code§202 [2015] (13 VAC 5-63-510). This would enable the City to designate and empower the police department to bar trespassers/squatters from vacant structures on private property when the owners are not available or not involved. This proposal requires amendments to Code of Virginia 1950, as amended, §§ 15.2-1717.1 and 18.2-119 to add the following language: "A county, city, or town qualifies as a 'person lawfully in charge of the property' when that locality's Maintenance Code Official makes a formal determination that a specific vacant structure is an 'unsafe structure'or a 'structure unfit for human occupancy' as those terms are defined in the Virginia Maintenance Code§202 [20151 (13 VAC 5-63-510)." 6. Adopt amendments requested by the Police Department of the City of Roanoke to the sections of the Code of Virginia 1950, as amended, indicated below for the following purposes: (1) Restore primary enforcement on critical traffic and safety law, i.e., allowing the police to stop people for the following offenses: • Defective or unsafe equipment (§46.2-1003); • Dark window tint (§46.2-1052); • Expired registration or inspection (§46.2-1157); • Taillights not working properly (§46.2-1013); • Brake lights not working properly (§46.2-1014); and • Jaywalking (§§46.2-923 and 926). (2) Restore the presumptions against bail in which the judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if the person is currently charged with: • An act of violence as defined in§ 19.2-297.1; 7 • An offense for which the maximum sentence is life imprisonment or death; • A violation of§ 18.2-248, 18.2-248.01, 18.2-255, or 18.2-255.2 involvin a Schedule I or II controlled substance if(i) the maximum term of g imprisonment is 10 years or more and the person was previously convicted of a like offense or (ii) the person was previously convicted as a "drug kingpin" as defined in§ 18.2-248; • A violation of§ 18.2-308.1, 18.2-308.2, or 18.2-308.4 which relates to a firearm and provides for a mandatory minimum sentence; • Any felony, if the person has been convicted of two or more of the following offenses, whether under the laws of the Commonwealth or substantially similar laws of the United States: o An act of violence as defined in§ 19.2-297.1 o An offense for which the maximum penalty is life imprisonment or death; • Any felony committed while the person is on release pending trial for a prior felony under federal or state law or on release pending imposition or execution of sentence or appeal of sentence or conviction; • An offense listed in subsection B of§ 18.2-67.5:2 where the person had previously been convicted of an offense listed in§ 18.2-67.5:2 or a substantially similar offense under the laws of any state or the United States and the judicial officer finds probable cause to believe that the person who is currently charged with one of these offenses committed the offense charged; • A violation of§ 18.2-374.1 or 18.2-374.3 where the offender has reason to believe that the solicited person is under 15 years of age and the offender is at least five years older than the solicited person; • A violation of§ 18.2-46.2, 18.2-46.3, 18.2-46.5, or 18.2-46.7; • A violation of§ 18.2-36.1, 18.2-51.4, 18.2-266, or 46.2-341.24 where the person has, within the past five years of the instant offense, been convicted three times on different dates of a violation of any combination of these Code sections or anordinance of an , city,' Y Y coup ty or town or the laws of any other state or of the United States substantially similar thereto, and has been at liberty between each conviction; • A second or subsequent violation of§ 16.1-253.2 or 18.2-60.4 or a substantially similar offense under the laws of any state or the United States; • A violation of subsection B of§ 18.2-57.2; • A violation of subsection C of§ 18.2-460 charging the use of threats of bodily harm or force to knowingly attempt to intimidate or impede a witness; • A violation of§ 18.2-51.6 if the alleged victim is a family or household member as defined in § 16.1-228; or • A violation of§ 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1. 8 (3) Amendments to search warrant laws: • Amend § 19.2-56(B) to change the allowable time of service [execution] on a residential warrant from between 8:00 am and 5:00 pm to between 8:00 am to 10:00 pm, consistent with Federal Rule of Criminal Procedure 41. • Amend § 19.2-56(B) to clarify who can receive residential warrant service by specifying that a copy is to be left with any person aged sixteen or older (which parallels service of process in§ 8.01-296) or left in a conspicuous place if no such occupants are present. • Amend § 19.2-56(B) to read, "A search warrant for any place of abode authorized under this section shall require that a at least one law-enforcement officer be recognizable and identifiable as a uniformed law-enforcement officer . . ." to clarify that not all LEOs must be in uniform when executina search warrant. g • Amend § 19.2-56(B) to allow an exception for a judge to authorize high- risk no-knock warrants. • Amend § 19.2-266.2(A)(i), or related code sections, to allow judicial discretion regarding whether or not to exclude evidence for minor procedural violations. (4) Amend §§37.2-808 and 16.1-340 to require hospital police departments to take over custody when the Magistrate requires treatment in that hospital, prior to placement in a mental health institution. (5) Amend §22.1-279.3:1(D) to require reporting of misdemeanor sexual assaults in K-12 schools, effectively repealing HB 257. (6) Amend § 19.2-295.1 to require the jury that convicts an offender to also decide the sentence effectively repealing SB 5007. B. Local Government 7. Request support from the General Assembly and the Governor for amendments to the state budget that convert the Roanoke City Clerk of the Circuit Court's office from a fee-based form of funding to funding through the Virginia Compensation Board. The City of Roanoke Clerk of the Circuit Court's office currently receives no funding through the Virginia Compensation Board. Instead, it retains all fees that otherwise would be remitted to the Commonwealth to fund its operation. It is 9 one of the few such Clerk of the Circuit Court offices in Virginia that is still funded in this manner. 8. Adopt legislation to amend §§4, 10, and 16 of the Roanoke Charter of 1952, as amended, to reflect a change in election dates and meetings of council generally, as follows: §4. Composition of council; terms of members; designation of vice-mayor; vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of IH-lyanuar next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day ofanuar next following the date of election and until a successor shall have been elected and qualified; provided, however, that on theftTuesday f»2��� Ain November. two thousand twenty, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the -Tuesday ollowing the first Monda in May November two thousand tw! n -two and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of fanuary next following the date of such election and until the vice-mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. 10 Vacancies in the council or vacancy in the office of mayor shall be I filled within k-i4Y " ort - ive days, and until the da upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. I §10. Meetings of council generally. At two o'clock post meridian on the first Monday of 1*1 anuar next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence;or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. §16. Time of holding municipal elections. A municipal election shall be held on the fk-stfkA Tuesday Lollowin the first Mondau in MayMay November in two thousand twenty, and every 11 second year thereafter which shall be known as the regular election for the election of council members. 9. Adopt legislation to amend § 15.2-107.1 of the Code of Virginia 1950, as amended, to provide alternatives to the requirement to publish legal notices in a newspaper. § 15.2-107.1. Advertisement of legal notices on web sites. A. In addition to any requirements that a locality advertise legal notices in a newspaper having a general circulation in the locality, such notices may also be published on the locality's IOLFIc;;sem,;Lph ,; jfP website. B. Notwithstanding subsection A or any other provision of law,a locality with a population of 50,000 or greater may fulfill any requirement that the locality advertise legal notices in a newspaper having a general circulation in the locality by advertising such notices on radio or television stations that broadcast in or into the locality or by publishing such notices on the locality's website. 10. Adopt legislation to make the Virginia Museum of Transportation an official state agency. C. Education requests from Roanoke City Public Schools School Safety and Security: Preventing Access to Weapons by Children Current Reality: Responsible gun owners secure their weapons to keep young children safe. The current Code section makes it difficult to hold irresponsible gun owners accountable when their unsecured weapons are possessed and even transported to � school by children because the threshold in the Code is to recklessly leave a loaded, unsecured firearm. While elementary age children are far too young to have any access to an unsecured firearm, they are capable of loading one when ammunition is also unsecured. RCPS recommends that the General Assembly: Revise Code of Virginia 1950, as amended, §18.2-56.2. "Allowing access to firearms by children;penalty" as follows: A. It shall be unlawful for any person to feek4essly leave a loaded or unloaded. unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor. 12 School Safety and Security: BB and Pellet Guns are Weapons Current Reality: The Code of Virginia 1950, as amended, §18.2-308. "Carrying concealed weapons; exceptions;penalty" defines weapons with an extensive list that includes firearms, knives, metal knucks, throwing stars, etc. but not BB and Pellet Guns that not only can cause serious injury to victims but can easily be mistaken as firearms by law enforcement as firearms jeopardizing the person inpossession of the gun. The definition in this section is referenced in§18.2-308.1 "Possession of firearm, stun weapon,p , or other weapon on school property prohibited;penalty" limiting penalties for possession of a BB or Pellet Gun on school property. RC PS recommends that the General Assembl Revise§18.2-308. (A) such that BB and Pellet Guns are included in the definition of weapons: A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, sling bow, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration,having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart;of(v) BB or pellet gun designed or intended to expel a projectile• or (vi) any weapon of like kind as those enumerated in this subsection,he is guilty of a Class 1 misdemeanor.A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit. Revise§18.2-308.1. (B) and (C) such that BB and Pellet Guns are not excluded. B. If any person knowingly possesses any firearm designed or intended to expel a projectile by,,aet4on 4 , while such person is upon (i) the property of any child day center or public, private, or religious preschool, elementary, middle, or high school, 13 including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or(iii) any school bus owned or operated by any such school,he is guilof a Class 6 felony. ty C. If any person knowingly possesses any firearm designed or intended to expel a projectile 13�r ac-tion of withthe building of a child day center or public, private, or religious preschool, elementary, middle, or high school and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person is guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. School Safety and Security: Threats Against Teachers and Staff Current Reali : The Code of Virginia 1950, as amended, §18.2-60 establishes that written threats are a Class 6 Felony, but oral threats are only a Class 1 misdemeanor. Oral threats against teachers and staff are every bit as upsetting to the target of the threat and disruptive of the school day as written threats and should be every bit as consequential for the person making the threat. RCPS recommends that the General Assembl : Revise§18.2-60(B) "Threats of death or bodily injury to a person or member of his family; threats of death or bodily injury to persons on school property;threats of death or bodily injury to health care providers: enalty" as follows: p B. Any person who orally makes a threat to kill or to do bodily injury to (i) any employee of any elementary, middle, or secondary school, while on a school bus, on school property, or at a school-sponsored activity or (ii) any health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties in a hospital as defined in § 18.2-57 or in an emergency room on the premises of any clinic or other facility rendering emergency medical care,unless the person is on the premises of the hospital or emergency room of the clinic or other facility rendering emergency medical care as a result of an emergency custody order pursuant to § 37.2- 808, involuntary temporary detention order pursuant to § 37.2-809, involuntary hospitalization order pursuant to § 37.2-817, or emergency custody order of a conditionally released acquittee pursuant to§ 19.2-182.9 is guilty of a Class 1 misdemeanor for a first offense and a Class 6 felon for subsequent offenses. 14 Addressing the Teacher Shortage: Increased Flexibility for Hiring Retirees in Critical Shortage Positions Current Reality: By allowing the VDOE to establish critical shortage areas by subject matter and allowing a retiree to fill that role while still receiving their Virginia Retirement System monthly benefit, school divisions have more options to fill vacancies with qualified, licensed teachers. A VRS rule requires that to serve in a critical shortage area exists, the retiree cannot have worked in a part-time, substitute, or coaching position for at least 12 consecutive months following the effective date of their retirement and may not have participated in an extended work incentive program. Additionally, a retiree may not serve in a critical shortage position if they retired with a reduced benefit. This 12-month rule is 12 times more than the standard one-month VRS "separation of service." Currently, school division retirees, both those who reduced and unreduced benefits, after a VRS bona fide break in service (one month),lth are permitted to serve school divisions and students as qualified substitutes, coaches, etc. since their retirement. By serving as substitutes since their retirement, these professionals have remained current and connected to the profession, making them excellent candidates to serve in critical shortage positions, but are prohibited by the 12- month "no employment" rule/requirement. Per VRS, the 12-month requirement is one set by VRS rule, not by the Code of Virginia, with the reasoning that "retirement patterns" would change without the requirement. Legislative Recommendation: It is recommended that the General Assembly eliminate/prohibit the VRS requirement that a retiree must have a bona fide break in service of at least 12 consecutive months following the effective date of retirement to be eligible for employment in a critical shortage teacher vacancy. It is further recommended that the State delete the VRS rule/requirement that a retiree who retired with a reduced benefit or participated in an extended work incentive program be ineligible for employment in a critical shortage teacher vacancy. S�ted Lan »age: Revise§51.1-155. "Service retirement allowance" as follows: (B) 3. (Expires July 1, 2025) Any person receiving a service retirement allowance under this chapter, who is hired as a local school board instructional or administrative employee required to be licensed by the Board of Education, may elect to continue to receive the retirement allowance during such employment, under the following conditions: (a) TgPx-ten H - eeeiirt �« retired with reduced or unreduced benefits after a VRS bona fid a break do service (one Land 15 (b) J 4:111:1 111 Con (E)At the time the person is employed, the position to which he is assigned is among those identified by the Superintendent of Public Instruction pursuant to subdivision 4 of the superintendent, pursuant to § 22.1-70 31 or, b b the rel relevant division board, pursuant to subdivision 9 of§22.1-79, relevant local school Teacher Compensation Current Reality: According to the National Education Association, the averag e teacher pay in SY 21-22 was projected to be$66,432 in the U.S. For Roanoke Ci P ub Schools, average teacher pay in SY 21-22 was $52,669. Teacher longevity and ac commitment by the Roanoke City School Board to make compensation a top priority of the 2022-23 budget resulted in an impressive increase in average teacher pay for the current year (SY 22-23) to $60,770, but even with that investment, RCPS is still well below the estimated national average for the prior year. Roanoke City Public Schools' efforts to improve employee pay in 2022-23 helped tremendously in attracting and retaining staff, but RCPS still had to start the school year with unfilled vacancies. Fewer people are choosing to enter the teachingn profession. There are multiple factors, including all of the extra expectations placed teachers but Policymakers must confront the fact that teachers are actually paid less today than they were in the early 2000's. Even factoring in the significant investment in compensation for SY 22-23, RCPS teachers today have$1,656 less buying power than they y did 15 years 16 Bachelor's Degree Inflation Adjusted; Variance between FY23 Pay Reflected in August 2022 and Inflation Adjusted Prior Step 0 Years 30 Years Dollars Year Pay 2007-08 0 Years 1-1 $ 34,859 $ 53,928 OYears 30 Years $ 49,656 $ 76,819 $ (1,656) $ 426 2008-09 $ 36,602 $ 56,624 $ 49,480 $ 76,547 2009-10 $ 36,602 $ 56,624 $ 50,226 $ (1,480) $ 698 2010-11 $ 36,602 $ 56,624 $ 77,700 $ (2,226) $ (455) 2011-12 $ 36,602 $ 49,651 $ 76,818 $ (1,656) $ 427 $ 56,624 $ 47,851 $ 74,027 2012-13 $ 37,364 $ 57,803 $ 48,034 $ 149 $ 3,218 2013-14 $ 37,764 $ 59,591 $ 74,310 $ (34) $ 2,935 2014-15 $ 38,169 $ 47,823 $ 75,463 $ 177 $ 1,782 $ 61,434 2015-16 $ 38,893 $ 63,435 $ 48,$ 47,52528 $ 76,497 $ 472 $ 748 2016-17 $ 39,287 $ 65,370 335 $ 78,835 $ (335) $ (1,590) $ 40 2017-18 $ 48,311 $ 80,385 $ (311) $ ,073 $ 65,709 $ 48,340 (3,140) 2018-19 $ 40,073 $ 67,023 $ 47,070 $ 79,265 $ (340) 2019-20 $ 40,073 $ 67,500 $ 78,725 $ 930 $ (1,480) , 00 $ 67 2020-21 $ 420 $ 46,260 $ 77,922 $ 1 $ 67,500 $ 47,858 $ 76,915 ,740 (677) $ 73 2021-22 $ 42,420 $ 68,175 $ 45,925 $ 142 $ 330 2022-23 $ 48,000 $ 77,245 ,808 $ 2,075 $ 3,437 $ 48,OOU $ 77,245 $ _ $ Using U.S. Bureau of Labor Statistics CPI Inflation Calculator Tool https:/Zwww.bls.gov/data/inlflaatL]iUolni calculator htm Legislative Recommendation: Virginia has to recognize the importance of having quality education in our state t prepare our future leaders for success, and to show businesses that Virginia has an educated workforce ready and eager to work when they open for business in the Commonwealth. In order to accomplish that, we need to compensate teachers and other school staff at a level that is commensurate with the importance of the service they provide. Support Staff Cap Current Reality: Per the 2022-2024 Virginia Department of Education Projected Fiscal Year (FY) 2023 and FY 2024 State Payments Excel Template, commonly referred to as the "Calc Tool," Roanoke City Public Schools is projected to need 303.16 SOQ Funded Support Positions in 2022-23 at a projected total salary cost of$14,743,305.06. The Calc Tool also shows, however, that were the original pre-Great Recession formula used RCPS would have 347.16 funded positions at a total projected salary cost of $16,709,676.38. In 2023-24, the VDOE projects funding 318.72 support positions with a total salary cost of$15,488,702.66 with the support staff cap still in place. In contrast, the 17 VDOE calculates that 349.75 support positions would be funded with a total salary cost of$16,834,594.08 were the support staff cap removed as was originally intended as a "short-term' response during the Great Recession. Roanoke City SOQ Support Position Loss - Salaries Funded Including State and Local Share $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $o 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Using Ratio ■Additional Using Prevaling Cost Since 2010, state funding for K-12 education provided to Roanoke City by the Commonwealth has been almost$36.6 million less than it would have been had the support cap not been in place. In SY 21-22, the state share of funding for Standards of Quality (SOQ) support positions, those positions identified by VDOE as necessary to provide quality education, was $2.1 million less than the VDOE Calc Tool illustrates it should have been. Additionally, the SOQ establish minimum staffing levels and do not fund all of the positions needed to meet student needs and provide a quality educational experience for our diverse learners. In SY 21-22, Roanoke City Public Schools budgeted for significantly more support positions than those for which we received partial support from the state. Necessary support positions even exceed the number that would have been supported by state funding if the support cap were lifted. RCPS Recommends that the General Assembly: Eliminate the support staff salary cap entirely and update the SOQ to meet student needs in the modern age, particularly in light of the significant increase in supports beyond instruction that schools are expected to provide to students and families. Empower Existing Local Alternatives to DOE Growth Assessments 18 Current Reality: Efforts to increase the availability and use of growth measures by the Commonwealth are appreciated, but using existing achievement measures is flawed and proving to be unwieldy and unhelpful at the division-level. The current through-year growth assessments are only designed to measure grade-level progress, one grade below, or one grade level above current grade level. This range is insufficient when students are exhibiting academic achievement levels that are significantly below or above grade level, particularly in light of unfinished learning resulting from the pandemic. While many students will show growth on the assessment, its usefulness as a tool to inform future instruction is severely lacking and does not provide needed information related to below or above grade level instructional needs. The average student took approximately 2-3 hours to complete a DOE mathematics growth assessment and 3-4 hours to complete a DOE reading growth assessment. For one assessment period, this is a loss of 5-7 instructional hours for a typical elementary class, not including time lost logging into the test system and other related issues. At the upper range, a typical elementary instructor will lose approximately 1.5-2 days of instruction for each fall and winter assessment period. This equates to 3-4 full days of lost instructional time for the typical student during the year. Given that students already lose an additional 3-4 full days of instruction for spring SOL assessments, the typical student will lose approximately 6-8 days of instruction in a given school year due to SOL assessments. For any student, this is a significant amount of time dedicated to one type of test with limited use to inform instruction. For a student who is achieving far below grade level, for whom the assessment is least informative, this lost instructional time is detrimental. Other growth assessments already in use my many divisions (such as NWEA MAP Growth assessments, iReady, etc.) are far superior and more useful in identifying current level of academic need, informing instructional needs for each student. These assessments generate reports that are aligned with Virginia's SOLs that pinpoint where on the continuum of all grade-level SOLs a particular student is performing in mathematics or reading. Using these reports, teachers are able to provide targeted small-group remediation that supports students no matter their current level of academic achievement. These assessments are designed to take 45—60 minutes to administer in the regular classroom setting, which means that students will lose far less instructional time to take these assessments than to take the SOL growth assessments. Students would lose less than three hours total of instructional time for one administration, and less than 1 day of instruction for fall, winter, and spring administrations combined. These assessments are valid. In RCPS SY 21-22, the NWEA MAP Growth assessments predicted the correct outcome, pass or fail, on the SOL grades 3-8 assessments for approximately 85% of our students. This demonstrates that these assessments are very closely aligned with the DOE assessment system and represent a 19 less time-consuming assessment that provides more instructionally relevant reports to teachers than our current SOL growth assessment system. RCPS recommends that the General Assembly: Permit local school divisions to utilize DOE-approved, commercially available growth measures (such as NWEA MAP, iReady, etc.) as an alternative to the through-year growth assessment system established by the DOE for the administration of reading and mathematics assessments in grades three through eight, provided that such program is aligned to the Standards of Learning. Graduation Rate Calculation: SLIFE Adjustment Background: Virginia Senate Bill 933, passed during the 2020 General Assembly, requires the Virginia Department of Education (VDOE) to develop and adopt a common statewide definition for the term SLIFE, or "students with limited or interrupted formal education." A secondary requirement of the legislation is for the Board of Education (BOE) to determine whether calculations for the school quality indicators within the Board's Regulations Establishing the Standards for Accrediting Public Schools in Virginia are appropriate and to make the necessary revisions to impact the methodology for the calculation of school accreditation ratings. The VDOE definition is that a Student with Limited and/or Interrupted Formal Education (SLIFE) is an English learner who: • enters or re-enters any school in the United States at or after the age of eight; AND • is identified at English Language Proficiency (ELP) Level One or Two; AND • has at least two years less schooling than similar-age peers." Source: SLIFE: Students with Limited and/or Interrupted Formal Education Guidebook https://doe.virginia.gov/instruction/esl/resources/slimsguidebook pdf Current Reality: Graduation rates posted without consideration for schools serving larger numbers of Students with Limited or Interrupted Formal Education (SLIFE) do not accurately reflect the schools' performance and may negatively impact a school's accreditation status. In recent years, large numbers of students who are English Learners (EL) with Limited or Interrupted Formal Education have enrolled in high schools across Virginia and around the country. Schools and communities that welcome EL students and all immigrant families are eager to provide instruction and support for students and their families. The influx of new EL students into welcoming communities distorts Virginia's school accountability measures, particularly related to Virginia's On-Time Graduation Rate. Example: At one RCPS high school, over 130 newcomer EL students have enrolled since 2019. Most of these students entered at the lowest levels of English proficiency and nearly all entered with no transcripts and with interrupted education, as well as high 20 levels of traumatic experiences prior to and upon entering the United States. Over a similar timeframe, using the traditional on-time graduation rate of EL students, the school's measure has declined from 76.3% in 2019 to 67.6% in 2021. SLIFE dropouts, who are older and leave to secure full-time employment, further contribute to this perceived decline in performance when, in reality, the school remains very effective serving EL students, but with data distorted by the large number of SLIFE students served. RCPS recommends that the General Assembly Direct the State Board to: 1. Remove SLIFE dropouts from graduation-rate and dropout calculations if the student has not been enrolled in a Virginia school for at least 4 semesters. 2. Incentivize programs, pathways, and supports that encourage SLIFE to remain enrolled and ultimately graduate, such as: a. Funding for additional teachers and other professional staff who are trained in dealing with issues related to social-emotional learning needs of SLIFE; b. Funding for specialized career and technical programs and internships; and C. Adjustments to passing score criteria for SLIFE on EOC Reading and Writing SOL tests, such as: SLIFE may earn graduation credit for EOC Reading and/or Writing through the combination of: 1) demonstrating sufficient progress toward English proficiency as measured by the WIDA ACCESS 2.0 test; 2) demonstrating growth on the EOC Reading and/or Writing SOL test; and 3) achieving a score of 350 or higher on the EOC Reading and/or Writing SOL test. Paid Work-Based Learning Experiences—Supporting English Learners Background: RCPS strives to ensure that all students have access to high-quality work- based learning opportunities. While the division provides a wide variety of these internships and apprenticeships in partnership with businesses and community agencies, barriers exist for some students which prevent them from taking full advantage of these programs. Specifically, high school students who are not eligible for employment as a result of their lack of necessary documentation are not able to participate in paid apprenticeships that are available to their peers. In many cases, these same students are those who stand to benefit greatly from these work-based learning experiences. Current Reality: Virginia schools are required to enroll students without inquiring about the student's citizenship or immigration status, per state and federal regulations. While this helps schools ensure they are meeting the obligation to educate all students residing in their attendance zones, it may also lead to unintended stress for students, staff, and community partners during discussions about work-based learning opportunities. RCPS students would benefit from a process that allows students to participate in paid work-based learning experiences regardless of their current eligibility for employment while enrolled in school. 21 As emphasized in Superintendent's Memo #210-18: • "School divisions are not permitted to inquire into a prospective student's citizenship or visa status in order to enroll that student in school." • "School divisions shall accept students who meet the residency requirements under Section 22.1-3 of the Code of Virginia: ...and may not deny a free public education to undocumented school-age children who reside within their jurisdictions because they do not hold valid United States citizenship or a student visa." RCPS recommends that the General Assembly direct the Virginia Department of Education to convene a committee of stakeholders to: 1. Explore barriers to certain students accessing paid work-based learning opportunities, 2. Identify best practices that are currently being implemented in Virginia school divisions to overcome the various barriers, and 3. Make recommendations for further consideration by the Virginia Board of Education. 22 K-12 Education Funding (Controlled for Inflation) 2021 Adopted Budget State Per Pupil h-12 Du ect Ai+i Funding Noinntal and IuIlation-adjusted(CPI $2005) FY22 Real per Mil)HAm»npriations,Still Be1mv FY-1019 Partly Due to Higher Inflation $8.000 $7,000 $6,?28 $6,390 $6,000 $5,891 $5,673 $5,274 $5,271 $3,461 $5,000 $4,868 66 $5,000 $4� $4,862 $S,0?8 $5,073 $4 .362 ,moi �Z 13 $4,546 ,512 ¢3't $4,084 ,13 262 3� $4�0 ,89611" 10 958 942 ,048 ,057 .143 ,171 $3,000 $2,000 $1,000 $0 2005 2006 2007 2003 2009 2010 2011 2012 20131 2014 2015 2016 2017 2018 2019 2020 2021 2023 Source: Fiscal Analytics,Ltd using Virginia DOE-http://www.doe.virginia.gov/school_finance/budget/calc_tools/index.shtml • Blue—Nominal Dollars • Red —Adjusted for Inflation • FY 2005—Benchmark Year Virginia adopted budget for K-12 education=$4084 per pupil • FY 2009—Inflation adjusted high point for K-12 state funding=$4692 per pupil • FY 2022—Inflation adjusted per pupil=$4537($161 less in FY 2022 than FY 2009) Current Reality: The budget adopted by the 2022 General Assembly represented a significant, necessary, and appreciated investment in teacher compensation, but more is needed. The reality is the burden of funding schools continues to shift to localities. When controlled for inflation, the current state budget provides $161 less per pupil than FY 2009. RCPS recommends the General Assembly: 1. Make legislative investment goals for PK-12 Public Education measurable by establishing a plan to provide the state's share of funding necessary to move teacher pay to the national average in two biennia; 2. Be transparent when communicating budgeted raises by using a July 1 start date for all compensation increases; and 3. Commit to avoiding unfunded mandates on schools, including additional training requirements without funding, as new requirements do have a fiscal impact at the local level. 23 Policy Statements Fiscal Policy The City of Roanoke relies on several revenue sources to support services closest to the people. Therefore, any change to the BPOL and M&T taxes, as well as the local sales tax on food for human consumption and personal hygiene products, must consider and replace these essential local revenues. The General Assembly must vigilantly and effectively avoid enactment of any further unfunded mandates to localities and initiate procedures to review, assess, and eliminate existing and burdensome unfunded mandates imposed on localities. Unfunded mandates include mandatory tax exemptions or reductions to specific groups of individuals, as worthy and deserving as they may be. Technology and Infrastructure Policy The General Assembly should eliminate impediments facing localities from bringing 21s'Century technology to their citizens. The Commonwealth and the City must develop partnerships among federal, state, and local constituencies to expand highway infrastructure development throughout Virginia's Blue Ridge Region, including the expansion of I-73, which incorporates improving the safety and economic development worthiness of US Rte. 220. Environmental Policy The City opposes any efforts by the General Assembly to mandate further exemptions from payment of local stormwater utility fees. In addition, the City requests the General Assembly to hold localities harmless from any costs associated with increases in the load of sediment and other pollutants of concern that enter waters of the Commonwealth, including rivers, streams, and tributaries, where such increases in the Total Maximum Daily Load for a locality are attributable to projects and developments approved by the Commonwealth that include crossings of bodies of water within the Commonwealth. The City supports legislation to continue promoting the generation and use of renewable energy, including expanding the authority of localities to enter into power purchase agreements with utilities for the generation of electricity through solar power. The City encourages socially responsible investments, including investments in renewable energy, by VRS and all other funds invested by the Commonwealth. 24 The City supports energy efficiency and renewable energy programs for public transportation services statewide, emphasizing the need for more equitable, accessible, and cleaner transportation options. Economic Development Policy The City encourages the General Assembly to maintain existing tools, including historic tax credits, to encourage development and redevelopment throughout the City and Virginia's Blue Ridge Region. The City supports continuation and increased funding for the Commonwealth's Opportunity Fund (COF). This important economic development incentive program has played a major role in several Roanoke job-creation projects. The COF is an essential tool in competing with other states which often offer lucrative incentive packages to prospective companies. The City encourages the General Assembly to refrain from enacting further limitations on planning, development, and zoning tools that localities may use in regulating and promoting development within their communities. Public transportation is an important economic development tool for the regional economy. The General Assembly should increase funding for transit services and create opportunities for regional localities to collaborate in expanding public transportation throughout the region. Public Safety Policy The City supports legislation that preserves law and order and promotes public safety throughout the City, including legislative initiatives that provide funding to assist localities in protecting the public from gun violence. The City supports legislation to enable localities to enact ordinances that exceed statewide standards with respect to the sale, possession, storage, and carrying of firearms and ammunition. The City emphasizes the importance of continuous criminal justice reform and the establishment of appropriate standards for law enforcement to protect the civil rights of citizens. Further, the Commonwealth and City must expand the meaning of well-being and community safety to include education, economic opportunity, rehabilitation, and other support initiatives. The Governor and General Assembly should ensure that additional funds are provided to sufficiently support these efforts alongside law enforcement. 25 Civil and Voting Rights Policy The City supports the repeal of Article I, Section 15-A of the Constitution of the Commonwealth of Virginia regarding marriage. The City emphasizes the importance of keeping constituents aware and informed on their civil rights and liberties, most especially their right to vote. Thus, the City supports all efforts at making voting as accessible and equitable as possible. Community Policy The City supports measures to ensure a statewide living wage that incorporates the value of benefits to promote the health and well-being of workers and their families. The City supports legislation to promote healthcare for all Virginians, including reproductive healthcare for women, free from discrimination based on sex, race, ethnicity, sexual orientation, or gender identity. The City urges the General Assembly to use available funds to continue the operation and expansion of Catawba Hospital. The City supports legislation to address the health issues presented by vaping. The City supports maintaining the Opioid Abatement Authority Act (2021 Sp. Sess. I, cc. 307, 306) as enacted by the General Assembly in 2021. The Act established the Virginia Opioid Abatement Authority to administer certain funds flowing from litigation efforts in the way best designed to maximize the impact of such funds in abating the opioid epidemic throughout the Commonwealth. Importantly, the existing law codifies (1) allocation of funds as between state and local governments, and (2) the makeup of the Board of Directors of the Authority responsible for carrying out its objectives. The City's position is that the law treats local governments fairly in these regards. The City opposes any efforts by the opioid addiction and recovery industry to modify or alter the existing legislative framework and requests that the existing law remain unchanged. Education Policy Roanoke City Public Schools is always working to ensure students have access and opportunity to fully participate in their education, allowing them to reach their full potential. This includes advocating for the elimination of outdated laws and regulations that have not kept pace with innovation and are barriers for our students, families, and educators. Each year, the General Assembly considers numerous issues of importance to the Commonwealth's public-school students and to the school employees who deliver the promise 26 of a high-quality public education. We urge legislators to contact the School Board or Superintendent whenever local data and insight may inform policymaking in Richmond. The Key Positions presented here are intended to provide brief summaries with local context on select topics including: • Local Control-Teaching and learning are complex processes. While public education is a national priority and a state responsibility, it is ultimately a local function. The Roanoke City School Board urges state and federal government leaders to create conditions that facilitate innovation by supporting School Board authority and enabling decisions to remain local. • School Safety& Security-Schools are accountable for student outcomes, teachers are accountable for student progress, and students are accountable for their decisions, but outdated language in the Code of Virginia limits holding adults accountable for failing to prevent access to weapons by children and making verbal threats against teachers. • Employee Compensation-Significant, needed, and appreciated investments in employee compensation were made for SY 22-23, but the harsh reality is that Roanoke City teachers today have$1,656 less buying power than they did 15 years ago. There are many factors related to the teacher shortage, but compensation remains chief among them. • Quality Retirees Needed due to Teacher Shortage-VRS rules for the employment of retired teachers vary widely (from 1 to 12 months) and unnecessarily complicate the hiring of retirees in areas identified as critical shortages. • Workforce Development-The Roanoke City School Board is committed to doubling Career and Technical Education (CTE) opportunities in SY 23-24 and requests that the General Assembly consider additional one-time support for equipment and technology. • Complete Elimination of the Support Staff Cap-The Roanoke City School Board urges the General Assembly to adopt a state budget that fully funds its commitment to teaching and learning by finally • Assessment &Accountability Modernization-Efforts to increase the availability and use of growth measures by the Commonwealth were appreciated, but implementation proved unwieldy, the reports unhelpful, and the impact on instructional time far too great. DOE is encouraged to use the student test identifier (STI) for divisions with commercially available, valid and SOL-aligned growth measures to submit growth data as an alternative to the DOE's through year growth assessments. 2023 VML, VSBA, and VACP Legislative Programs The City endorses and supports the 2023 VML Legislative Program and VML Policy Committee Statements, the VSBA Legislative Priorities, and the VACP Legislative Priorities. 27 a 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 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Kermit Hale 2222 Blenheim Road, S. W. Roanoke, Virginia 24015 Dear Mr. Hale: I am enclosing copy of Resolution No. 42495-112122 appointing Development Authority of the City of Roanoke to replace Matthew Fink for a four-year term of office, commencing October 21, 2022, and ending October 20 you as a Director of the Economic 2026 The abovereferenced measure was adopted by the Council of the City of Roan which was held on Monday, November 21, 2022. Roanoke at a regular meeting, Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roan have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue S. W. The Clerk of the Circuit Court office will keepa co oke to ' ty, 2. Please request from the Clerk of Circuit Court to send one co copy on file. Office form to the City Clerk's Office. PY of the Oath or Affirmation of The Oath or Affirmation of Office form must be completed prior to serving in the capacit to whi were appointed. Y ch you Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosingco Freedom of Information Act (transmitted via email). The Act requires that you be provided with within two weeks of our a PY of the Virginia Y appointment and each member is required `to read and become familiar witth provisions of the Act." Furthermore, pursuant to Section 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish City of Roanoke representatives to Economic Development Authority with a Financial Disclosure that must be filed with the undersigned prior to serving as a Director. Failure to file by the deadline be considered a violation of Section 2.2-3120, Code of Virginia (1950) as amended, which may r Form being charged with a Class 1 or Class 3 misdemeanor. shall Y esult in Kermit Hale November 22, 2022 Page 2 State Code provisions further provide that all disclosures filed and maintained as a matter of public record must be retained for a period of five years in the Office of the Clerk of the governing body. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a Director of the Economic Development Authority. Sincerely, Cecelia F. McCoy, CMC Enclosures City Clerk c: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn, Feldmann, Darby and Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21"day of November 2022. No. 42495-112122. A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia. WHEREAS,the Council is advised that there is a vacancy in the position of a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia; and WHEREAS, Section 15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke that Kermit Hale is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke,Virginia,for a term commencing October 21,2022,and expiring October 20, 2026. ATTEST: City Clerk. -- - COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) To-wit: I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the Cit of R and keeper of the records thereof, do hereby certify that at a r y Roanoke which was held on the twenty-first da of regular meeting of Council Y November 2022, KERMIT HALE, was appointed to replace Matthew Fink as a Director of the Economic Development Authority of the City of Roanoke for a four- ear t Y term of office, commencing October 21, 2022 and ending October 20, 2026. Given under my hand and the Seal of the City of Roanoke this twenty-second day of November 2022. 4 City Clerk 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 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOV,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Tamea Franco 2125 Yellow Mountain Road Unit 213 Roanoke, Virginia 24014 Dear Ms. Franco: am enclosing copy of Resolution No. 42496-112122 appointing you as a Director of the Economic Development Authority of the City of Roanoke to replace Xavier Duckett for a four-year term of office, commencing October 21, 2022, and ending October 20, 2026. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 21, 2022. Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S.W. The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Furthermore, pursuant to Section 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish City of Roanoke representatives to Economic Development Authority with a Financial Disclosure Form that must be filed with the undersigned prior to serving as a Director. Failure to file by the deadline shall be considered a violation of Section 2.2-3120, Code of Virginia (1950) as amended, which may result in being charged with a Class 1 or Class 3 misdemeanor. Tamea Franco November 22, 2022 Page 2 State Code provisions further provide that all disclosures filed and maintained as a matter of public record must be retained for a period of five years in the Office of the Clerk of the governing body. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a Director of the Economic Development Authority. Sincerely, 2 Cecelia F. McCoy, CMC City Clerk Enclosures c: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn, Feldmann, Darby and Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21"day of November 2022. No. 42496-112122. A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia. WHEREAS,the Council is advised that there is a vacancy in the position of a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke,Virginia; and WHEREAS, Section 15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke that Tamea Franco is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke,Virginia,for a term commencing October 21,2022,and expiring October 20, 2026. ATTEST: Y/ r City Clerk. COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) To-wit: I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-first day of November 2022, TAMEA FRANCO, was appointed to replace Xavier Duckett as a Director of the Economic Development Authority of the City of Roanoke for a four-year term of office, commencing October 21, 2022 and ending October 20, 2026. Given under my hand and the Seal of the City of Roanoke this twenty-second day of November 2022. t City Clerk CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 SAERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Council Members William D.Bestpitch Mayor Joseph L.Cobb Anita J.Price Stephanie Moon Reynolds Vivian Sanchez-Jones Patricia White-Boyd November 21, 2022 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: We jointly sponsor a presentation by representatives of the Omega Psi Phi Fraternity, Incorporated, to share information with regard to its activities and initiatives, at the regular meeting of City Council to be held on Monday, November 21, 2022, at 7:00 p.m. Sincerely, G^ r an P. ea, Sr. Mayor Patricia White-Boyd Vice-Mayor SPL/PWB:ctw CITY OF ROANOKE OF K OFFICE OF THE CITY CLE 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Christopher Vail 1909 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Vail: I am enclosing copy of Ordinance No, 42497-112122 to rezone property located at 825 and 823 Stewart Avenue SE, and 4 parcels designated as 0 Stewart Avenue SE and 2 parcels designated as 0 Dale Avenue SE, Official Tax Map Nos. 4112609, 4112608, 4112607, 4112606, 4112605, 4112604, 4112618, and 4112617, respectively, from Institutional District (IN) and Residential Mixed Density District (RM-2) to Mixed Use Planned Unit Development District (MXPUD). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2022, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Pullman Belle, LLC, 3220 Selwyn Farms, Lane, Unit 3, Charlotte, NC 28209 Alexander A. Waldrop, III, 812 Stewart Avenue, S.E., Roanoke, VA 24013 The 814 Stewart Avenue Land Trust, 4336 Van Winkle Road, S. W., Roanoke, Virginia 24014-5229 Robert Norman Pratt, 818 Stewart Avenue, S. E., Roanoke, VA 24013 November 22, 2022 Page 2 c: Doak, LLC, 3002 Rosalind Avenue, Roanoke, VA 24014 The Salvation Army, 821 Salem Avenue, S. W., Roanoke, VA 24016 Jason Bond, 3824 Michigan Avenue, N. W., Roanoke, VA 24017 Charles H. Ferguson, Jr., 3751 Sunrise Avenue, N. W., Apt. 1, Roanoke, VA 24012 Belmont Lofts, LLC, P. O. Box 1079, Roanoke, VA 24005 R and C Withholding, LLC, 1329 Wysong Mill Road, Hardy, VA 24101 Christopher A. and Sarah J. Brandow, 1175 Juniper Drive, Christiansburg, VA 24073 820 Dale Avenue, LLC, 1116 Main Street, S. W., Suite B, Roanoke, VA 24015 MSCR Holding, LLC, P. O. Box 494, Vinton, VA 24179 Ebrahim Salles, 4008 Clairmont Street, S. W., Roanoke, VA 24015 Joseph Wayne Ellis, Sr., 1019 Clearview Drive, Vinton, VA 240179-3726 VA Development, LLC, 4 Augusta Drive, Stafford, VA 22556 Umbelievable Homes, LLC, 10804 Braddock Road, Fairfax, VA 22030 Todd Webber, 907 Dale Avenue, S. E., Roanoke, VA 24013 Tina Carr, Secretary to the City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21"day of November 2022. No. 42497-112122. AN ORDINANCE to rezone property located at 825 and 823 Stewart Avenue SE, and 4 parcels designated as 0 Stewart Avenue SE and 2 parcels designated as 0 Dale Avenue SE, Official Tax Map Nos. 4112609, 4112608, 4112607, 4112606, 4112605, 4112604, 4112618, and 4112617, respectively, from Institutional District (IN) and Residential Mixed Density District (RM-2) to Mixed Use Planned Unit Development District (MXPUD); and dispensing with the second reading of this ordinance by title. WHEREAS, Chris Vail, on behalf of Belmont Lofts, LLC,has made application to the Council of the City of Roanoke, Virginia("City Council"), to have property located at 825 and 823 Stewart Avenue SE, and 4 parcels designated as 0 Stewart Avenue SE and 2 parcels designated as 0 Dale Avenue SE, Official Tax Map Nos. 4112609, 4112608, 4112607, 4112606, 4112605, 4112604, 4112618, and 4112617, respectively, from Institutional District (IN) and Residential Mixed Density District (RM-2) to Mixed Use Planned Unit Development District (MXPUD), subject to development of the property in conformance with a Development Plan, as set forth in the Zoning Application, dated September 26, 2022; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by§36.2-540, Code of the City of Roanoke(1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; 1 WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21, 2022, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke(1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, is hereby amended to reflect that property located at 825 and 823 Stewart Avenue SE, and 4 parcels designated as 0 Stewart Avenue SE and 2 parcels designated as 0 Dale Avenue SE, Official Tax Map Nos. 4112609, 4112608, 4112607, 4112606, 4112605, 4112604, 4112618, and 4112617, respectively, be and hereby is rezoned from Institutional District (IN) and Residential Mixed Density District (RM-2) to Mixed Use Planned Unit Development District (MXPUD), subject to development of the Property in conformance with a Development Plan, and as set forth in the Zoning Application, dated September 26, 2022. 2 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21 , 2022 Subject: Application by Belmont Lofts, LLC, to rezone property located at 825 and 823 Stewart Avenue SE, and 4 parcels designated as 0 Stewart Avenue SE and 2 parcels designated as 0 Dale Avenue SE, Official Tax Map Nos. 41 12609, 41 12608, 41 12607, 41 12606, 41 12605, 41 12604, 41 12618, and 4112617, respectively, from Institutional District (IN) and Residential Mixed Density District (RM- I) to Mixed Use Planned Unit Development District (MXPUD). Summary: By a vote of 5-0, with Commissioners K. Atwood and K. Hale absent, the Commission recommends approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Belmont- Fallon Neighborhood Plan, and the Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning to Planned Unit Development Applicant/Owner: Belmont Lofts, LLC Agent: Chris Vail City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 825, 823, 0, 0, 0, 0 Stewart Ave SE and 0 and 0 Dale Ave SE Official Tax No: 41 12609, 41 12608, 41 12607, 41 12606, 41 12605, 41 12604, 41 12618, and 41 12617, respectively Site Area: +/- 1 .1 7 acres Relevant Plans: Belmont-Fallon Neighborhood Plan Proposed Land Use: Dwelling, multifamily Commercial uses as listed on PUD plan Future Land Use: Mixed Residential Use Filing Date: Original Application: Sept 26, 2022 Background: Belmont Baptist Church, established in southeast Roanoke in 1901 , moved to their newly constructed building on the corner of 911 Street and Stewart Avenue in 1915. The building was added onto multiple times to an overall square footage of over 32,000 square feet. Although that square footage served the church well in the 1950's at a peak attendance of over 1 ,000 people on Sunday mornings, the congregation today is much smaller and no longer desires to maintain such a large historic structure for their now small congregation. The church leadership and development team held a public meeting with the community regarding the proposed change and received positive feedback regarding the restoration and reuse of the existing building. Thereafter, Belmont Baptist Church sold the property to Belmont Lofts, LLC in order to facilitate the preservation of the existing building through reuse and restoration, while continuing to meet as a congregation either in the existing sanctuary space or in another space within the community. Belmont Lofts, LLC now desires to renovate the existing building for 32 apartments and a commercial/assembly space, but are unable do so within the uses allowed in the existing IN, Institutional District. Therefore, the applicant proposes to rezone the property to Mixed Use Planned Unit Development District (hereafter MXPUD). Proposed Use/Development: The applicant proposes to rezone the parcels at the southwestern corner of 91" Street SE and Stewart Avenue SE to MXPUD to enable the renovation of the existing church building to a mixed-use building, including a commercial/assembly use in the prior sanctuary and multifamily dwellings in the remainder of the building. The building elevations will be restored per the plan. The remainder of the site includes a courtyard and two separate parking lots that are proposed to remain as they exist today. Considerations: Compatibility with Surrounding Land Uses: The property requested to be rezoned was used for a place of worship for many years until the church decided to relocate. The property is surrounded by mixed-density residential and commercial zoned property. The rezoning to MXPUD would permit residential and commercial uses in an existing historic building in a manner that keeps uses and form of development appropriate in an area with adjoining RM-2, Residential Mixed Density District, property to the south and west, and CN, Commercial Neighborhood District, and CG(c), Commercial-General District with conditions, to the east and north. 2 ■ To the north is a motor vehicle repair shop on property in the CG(c), Commercial-General District with conditions, and single-family, two- family, and multifamily dwellings, on properties zoned RM-2, Residential Mixed Density District. ■ To the east is a motor vehicle repair or service establishment and medical clinic on properties zoned CN, Commercial Neighborhood District, without and with conditions, with residential dwellings beyond on properties zoned RM-2, Residential Mixed Density District. ■ To the south are single-family and multifamily dwellings, on properties zoned RM-2, Residential Mixed Density District. ■ To the west is are single-family, multifamily, and vacant dwellings, on properties zoned RM-2, Residential Mixed Density District. The future land use plan from the City Plan 2040 designates this area for mixed residential use. Applicability/Appropriateness of Proposed Zoning District: The purposes of the MXPUD District are to encourage the orderly development of mixed residential/commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: 1 ) Promote efficient use of land and infrastructure through high quality urban design; 2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; 3) Permit a compatible mix of commercial and residential uses; 4) Provide safe, efficient access and traffic circulation; 5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and 6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. This particular proposal would allow the renovation of a large existing historic building into a mixed use building with residential and commercial uses compatible with the surrounding commercial neighborhood and mixed-density residential zoned properties. Availability of Other Property: The proposed development is to be a renovation of an existing historic building to enable the continued productive use of the building. As such, there are no other properties immediately adjacent, other than those in the rezoning request, which are available, similarly situated, and zoned to allow this type of development. 3 Consistency with Comprehensive Plan: Both City Plan 2040 and the Belmont-Fallon Neighborhood Plan support the revitalization of the area through of the reuse of existing historic buildings in a manner appropriate to the surrounding area. Policy/Action Plan Applicability to matter LBE Priority One Policy 1 Comprehensive The rezoning to a planned Action: Proposed development (infill Plan', Livable unit development zoning development, alterations, renovations, Built Environ- district allows for the large and additions) should create or ment Theme existing historic building to enhance a distinctive character that be reused for a mixed use relates well to the surrounding building incorporating community residential and a small number of low intensity commercial uses in a manner that transitions well to the surrounding residential and commercial zoned property along 9`h Street SE. LBE Priority Four Policy 3 Comprehensive The renovation of the existing Action: Consider ways to introduce Plan , Livable church building into a mixed different housing types into Built Environ- use building to allow for 32 neighborhoods that lack housing ment Theme apartment units brings a form diversity while being mindful of and of housing to this responsive to concerns about neighborhood center area that neighborhood character, design, and does not currently exist, maintenance. diversifying the housing options while still retaining the large existing character defining building on a prominent corner. Urban Design Comprehensive The proposed development Character District Plan , Urban restores the exterior of the Urban Neighborhoods: Well-designed Design existing historic building historic buildings should be preserved while renovating the interior and should be used to inform new to allow for multifamily development. dwelling units that will bring new life to a mostly empty building. Village centers: Neighborhood activity Neighborhood The proposed rezoning and will be focused into four existing Plan, pg. 31 . renovation of the existing village centers spaced roughly at 1/2 church building will bring life mile intervals. Village centers should back into an underused be dense, compact in size, and building in the heart of the identifiable. Uses in village centers neighborhood center along 9th City Plan 2040 City of Roanoke, 2020 z Belmont-Fallon Neiahborhood Plan City of Roanoke, 2003 4 Policy/Action Plan Applicability to matter should generally be neighborhood- Street through a mixture of oriented commercial, but should also multifamily residential and contain some businesses that serve a lower intensity commercial larger market. Live-work spaces and uses that are compatible with upper floor residential will be the surrounding area. encouraged in village centers. Medium- to high-density residential development such as townhouses and apartments should be located near the village centers. Housing diversity: An appropriate Neighborhood The proposed development balance of diverse housing types will Plan, pg. 35 incorporates 32 apartments be encouraged in the Belmont-Fallon into the existing 32,000+sf area. Residential uses will include building along with a low single and two-family dwellings, intensity commercial space, apartments, townhouses, above first meeting the intent of the floor retail, and live-work spaces. neighborhood plan to Residential densities: Generally, appropriately densify the residential densities in and around neighborhood in and around village centers will be high. Between the neighborhood center area. village centers, residential densities will be lower. Increased density in and around village centers should result in an increase in the overall density of the neighborhood Comments on Application: Planning Commission Work Session: Belmont Lofts LLC community outreach efforts, including a community meeting, were discussed at the Planning Commission work session. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority, Fire department, Transportation department, and the Planning Building and Development department related to: water and sewer availability, fire code standards, transportation standards, building and zoning subdivision requirements, and the permitting process. Public Comments: Anne Waldrop, 812 Stewart Ave SE, lives across the street from the proposed redevelopment of the existing Belmont Baptist Church and supports the change. 5 Public Hearing: No comments received. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with City Plan 2040 and the Belmont-Fallon Neighborhood Plan. The proposed change allows for the restoration of the exterior and renovation of the interior of an existing underused historic church building by incorporating a low-intensity commercial use into the sanctuary space and 32 multifamily apartment units into the remainder of the building. The change in zoning district allows for the revitalization of a large character-defining historic building in a manner that preserves the historic character of the building long into the future. The rezoning to MXPUD is appropriate to the surrounding area and in keeping with the goals of these plans. ------------------------- - Sarah Glenn, Chair i City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Jillian Papa Moore, Acting Director Planning Building & Development Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Chris Vail, Belmont Lofts, LLC 6 Attachment A ZONING DISTRICT MAP c011204�ca�01�a 825,823,0,0,0,0 StewartAve SE and 0,and 0 Dale Ave SE Official Tax Parcels:4112609, ��� a1��i$ w o N o N •N` 4112608,4112607,4112606, 4112605,4112604,4112618, and 4112617 respectively Area:v d.R--ed jZoning s a pop1NPQ 9 i p c t ��, s AD.AtPdrl Da,. X31 .+ O tai CG CammerLGener al N�NW p a ,. •i , -CLS Comma<iu ELarge sae N cr�P cC O a P F+. Light mdmnrel i M11� r -F2 Near Inaussial �$ Tit F,� 3 �� Sof' > > *a, .► ? ��' N N� ORJ PUD Instautnnal Planned Unit D., MFUD Ind.3Vol Planned Urd Der rote M.—Us. PQ j � p V 4i2�C� G PoIXPUD Placed Use PI.—Una dew p T' R-12 Res Single-F—ay R.-3 Res Sk,gle-Famay R-c Res srgle-Farrar R-7.Res su+gie-Fami> O P !-+eN G O -a O 12L� �, • ' RA Res-Agnn rcwal � oVIP, RM-1 Rea Mi..d Dens dy 3 �$ �o` f p p' N c 4 z ; RPA-2 Res M—d Der.h RMF Res Muff—oy ROS-Rec.atbn and OW Sg.Ce O Nt � OOF L*ban Flat ^ i C—dai�nal s-C 0 100 200 Feet it3a a' a 0 Department of Planning,Building and Development Room 170, Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 Glick Here to Print Phone: (540)853-1730 Filing Date: Sep 26,2022 Submittal Number: Original A plication ❑ Rezoning,Not Otherwise Listed ❑Amendmer t of Proffer Conditions ❑ Rezoning,Conditional ❑Amendmer t of Planned;0nit Development Plan © Rezoning to Planned Unit Development ❑Amendmer t of Compre ensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 825 Stewart Avenue SE.Roanoke,VA 24013 Official Tax NO(S).: 4112609,4112608,411260707,4112606,4112605,4112604,411 Z618,41126 7 Existing ❑ Without Conditions Ordi once Zoning: Institutional and RM-2 Res Mixed Density ❑ With Conditions No(s ."(If Planned Unit Develo ent applicable): ® p Requested ❑ Without Conditions Prop`'sed Zoning: MX-PUD ❑ With Conditions Land Use: Apartments with Common Area ❑ Planned Unit Developi ient Name: Belmont Lofts,LLC Phone umber. +1 (540)529-7134 Address: 1909 Salem Aver SW.Roanoke,VA 24016 E-mail:', '.: chris@sycamoredevelopme PropeW agae: Name: Christopher Vail Phone umber: +1 (540)529-7134 Addres 1909 Salem Av W.Roa ke,VA 24016 E-mail: chris@sycamoredevelopme i ' J - J AppF rs afire: a Name: Christopher Vail Phone umber: +1 (540)529-7134 Addr . 1909 Salem Ave W.Roano e,VA 24016 E-mail: rchris@sycarnoredeveloprne� Auft iM Agenre SWaAae: t No NN W Q Completed application form and checklist. • Written narrative explaining the reason for the request. r- Metes and bounds description, if applicable. PZ Filing fee. r- Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. F- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as r 'development plan'if proffered. CZ Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. �i - (- Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, r if applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. e _ A, � r Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. [- Copy of previously adopted Ordinance, f r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. f A Traffic Impact Study in compliance with Appendix&2(e)of the City's Zoning Ordinance. FA M- NNrJMWK�MNNWnE= r Cover sheet. r- Traffic impact analysis. r Concept plan. r Proffered conditions,if applicable. f- Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/planningcommission. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. Belmont Lofts, LLC — Request for Rezoning Chris Vail Member—Belmont Lofts, LLC 1909 Salem Ave. SW. Roanoke,VA 24016 September 26, 2022 Planning Commission City of Roanoke 215 Church Ave SW Roanoke,VA 24011 Dear Chair and Members of Planning Commission: am writing you today on behalf of Belmont Lofts, LLC,a Roanoke,Virginia based real estate Development Company, to pose a request for rezoning the real property located at 825 Stewart Avenue SE, known locally as the Belmont Baptist Church.The facility, in its current state, is a multi-story religious use facility that includes an original sanctuary and multiple additions over the last century. Belmont Lofts, LLC is the contract-owner of the property and is in the planning phases of redeveloping the property into apartment units and reserve the sanctuary for its continued religious use. The unimproved parcels will remain in their current use as parking lots. Other intended uses for the sanctuary space include: Community Center,Amphitheater, Meeting Hall. This proposal has come about due to the current owner,Trustees of Belmont Baptist Church,led by Pastor Jon Laughinghouse, expressing their absence of need for the space. Churches have been seeing a decline in in-person attendance and general congregation size over the last decade. This was accelerated by the COVID-19 pandemic. As a result, the church is interested in selling the facility to further stabilize their financials and secure their future operations. Belmont Lofts, LLC saw the opportunity to develop apartment units, with some degree of affordability, in a neighborhood that needs an infusion of quality living units for rent.The project is intended to be funded partially by the use of federal and state historic tax credits, as well as Virginia Housing (formerly VHDA) lending which will require a percentage of units to be leased to tenants whom earn no more than 80% of the area median income, as published by HUD. We believe this project will spur further positive development in the area which will benefit the community as a whole. Traffic will be increased only the degree in which there will be thirty-two apartment units on site. The congregation will continue to operate out of the sanctuary on Sunday mornings,which is a continuation of existing traffic patterns. There are few other facilities in the area which have PUD zoning.The nearest would be the Rescue Mission which is an Institutional PUD.We are seeking MX-PUD as this is the most applicable zoning text as it relates to the proposed density per parcel and mixed-use nature of the proposed redevelopment. Surrounding zoning also includes CN, MX,CG, and RM-2. Belmont Lofts,LLC feels that this proposal is in keeping with the City's comprehensive plan and specifically in keeping with the Belmont-Fallon Target Area planning. Expected results of the Belmont-Fallon Target Area includes the construction of new housing units and rehabilitation of existing housing units. We feel this project, in both scale and appearance, would serve as a catalyst for private investment in the target area.We have participated in the Southeast Action Forum April 2022 meeting in person and received only positive feedback from the public participants, including Mayor Sherman Lea. Belmont Lofts, LLC — Request for Rezoning Thank you for your consideration of our request. SRE INFORMNT wE ON rs xcx a ,u wa xxween..,,zsw' • lRqTZER 4 2 a vxov Eo---uvvw awuw. rxs e[wov,wnzr cxu �� c y 1•—za' a»Hr �.xox�w E.a,� -�,x.•, M f�w .._—,.,_ r.or Exxwa..P�o - rs ae,xn wm„cxu.cx Q I III*IE�e .wxv xu E Ae=,oewx,u,ro �m a�,x oxoo.Eoxxa w>�o -- xwxwe w E.o„xc� � z MXPUD � O ox ZONING mrtw U TIONS 1 f LU j ? W scxov.rox c.v,s " Z O omi cxcwar x+xz�ss couxuxunoxs r.c ury wm }} .cazsary uses.xm mxex«u o scmm.ees -T � g � w ' xvu[oewvx.,ax.[.auaus vers /' icrrun �` U � s oNSS-mow xs ; Akr—� f z.umr ween souxcEo rnvu wou[Frmx. i 4 s El[vnn ora'ne BE a su�s.www eoxraaum 6 � i � ' wnx ixe xnKx[v[1£vnroia ox zHE6r r.s u,o � - ✓ f v _ z _ � r is EX-A DRAWING INDEX VA% BELMONT LOFTS �j ADAPTIVE REUSE(DHR SUBMITTAL) 825 STEWART AVENUE SE BALZER ATES ROANOKE VIRGINIA 24013 tri ��r ■ BALZER PROJECT N0.03210050.000 \�P� ABBREVIATIONS SYMBOLS&MATERIALS , BUILDING CODE NOTES oBAUER a• —,. &ASSOCIATES ......��,,...�.,M..�a .. ®.m PLANNERS/ARCHITECTS ENGINEERS/SURVEYORS D ht" PROJECT DIRECTORY ---------------- o UNIT TYPES ®-� „v - „, PROJECT DESCRIPTION EXISTING MATERIALS KEYNOTES DHR DEMOLITION KEYNOTES BAIZER A u EL-E, Pl -T-1 -El EXISTINGIDEMOLITION MBASEMENT FLOOR PLAN - BARER C ASSOCIATES ti PEI \ oil ✓ �- l l'I' F m o � ------ j© w < w I I VL' JE�l _ EXISTINGIDEMOLITION MAIN FLOOR PLAN i m E.,D2,. BALZER ffi AS50C IfiT ES WI� / Ul - r JJ ei I -a e =�.�— ta� T EXISTINGIDEMOLITION SECOND FLOOR PLAN BALZER I �assou ares { moo® I o o o o _ 4_ m s p 3 EXISTINGIDEMOLITION THIRD FLOOR PLAN Dor BAIZER a nssounres L — a r EXISTING/DEMOLITION NORTH ELEVATION o s o LL 99 99 t1 Elt EXISTING/DEMOLITION EAST ELEVATION BARER &ASSOCIATES - -- - - - �� Ho lag gg 0 agd TE3 MR on - E m p p ❑ o ❑ o ❑ o. EXISTING/DEMOLITION SOUTH ELEVATION -- r m o PON ® no -P a g � o �• ili � a w m pump o 0 09 0 -:El E3 E3 — j =G_ EXISTING/DEMOLITION WEST ELEVATION F- BALZER t,1 5?C I.1�TET5 �Tl FIRE RATING @ MTL PLUMBING CHASE @ !E��VATION a PANEL DOOR PLASTER PARTITIONS Ffl El —m- 0 0 ED DDD IM, 1E Zw Li L-A A VRENOVATION FIRST FLOOR PLAN A2 BALZER n nssou ares 71 ol El , D s z y 0 0 1 # Q RENOVATION SECOND FLOOR PLAN BALZER tASSOCIATES O LTJ 7 R-7 H-7 w 7=. @RENOVATION THIRD FLOOR PLAN a. A4 BALZER &ASSOC�AT ES Him AILF RENOVATION NORTH ELEVATION 3 RENOVATION EAST ELEVATION BARER s assouares 1-a-g -armf❑GIIJII19 A-V 0 00 lag 009 9.0 m a R",- H�` 13 - - RENOVATION SOUTH ELEVATION C � El Ron age m w O o ow � d = RENOVATION WEST ELEVATION 3 ZONING DISTRICT MAP aoi� 4 13 825,823,0, 0, 0,0 Stewart Ave SE AVE 411Q91� Q110912 'O 'o j� �W and 0, and 0 Dale Ave SE Official Tax Parcels: 4112609, 4112608 4112607 4112606 4112605,4112604,4112618, 1,121 and 4112617 respectively $ 0 411 1p2 p0 O j � `� D - • • i � � ®Area to be RezonedO w P, • Q > •• r -'�'" mil„ > •. N tN >'�e W W O W CP t{1Z PV_ n � co, Zoning A N o O O AD:Airport Dev p O N o ? O -CG:Commercial-General n p t'a w N a •'� N W > O -CLS:Commercial-Large Site CN:Commercial-Neighborhood �, N o Q € > N rn �, Quo �N o ' •• •• v N, •'�'> �, •' -D:Downtown -1-1:Light Industrial -1-2:Heavy Industrial p �1 rn ' • P. N >Nr IN:Institutional ` . �:�•. �41126p2 o rncor rn � ... � Q INPUD:Institutional Planned Unit Dev -IPUD:Industrial Planned Unit Dev . .v 1126p3 N (5) • .• _ MX:Mixed Use o ' Q MXPUD:Mixed Use Planned Unit Dev ",o o to i; y W x 412021 O N N W > N'„ > R-12:Res Single-Family R-3:Res Single-Family ��a O •o � V E �' a ''N O `` 0204 p��',p R-5:Res Single-Family .� N A; � > No O *_ o O A >, > - >1 sN 2 N• � R-7:Res Single-Family NO�o a" i o �, 'A 202�6� \�t a j RA:Res-Agricultural .� RM-1:Res Mixed Density ; .:o Nq '.s �..�tSOz > � OcC �` w' N � O i O ► RD.N -` RM-2:Res Mixed Density ,Nofo > o D N O > > s •• ••• N No RMF:Res MultifamilyLPra ROS:Recreation and Open Space -UF:Urban Flex r Conditional Zoning �o Wa1N �' .r ,� � - ' •o •. . --� 200 > 0 100 200 Feet > '_ � V rn 41 �' N l; Irl H� S o - N. �. �.1�� JAAW Owner Address City State Zip PULLMAN BELLE LLC 3220 SELWYN FARMS LN UNIT 3 CHARLOTTE NC 28209 PULLMAN BELLE LLC 3220 SELWYN FARMS LN UNIT 3 CHARLOTTE NC 28209 WALDROP ALEXANDER A III 812 STEWART AVE SE ROANOKE VA 24013 WALDROP ALEXANDER A III 812 STEWART AVE SE ROANOKE VA 24013 THE 814 STEWART AVENUE LAND TRUST 4336 VAN WINKLE RD SW ROANOKE VA 24014-5229 PRATT ROBERT NORMAN 818 STEWART AVE SE ROANOKE VA 24013 PRATT ROBERT NORMAN 818 STEWART AVE SE ROANOKE VA 24013 PRATT ROBERT NORMAN 818 STEWART AVE SE ROANOKE VA 24013 DOAK LLC 3002 ROSALIND AVE ROANOKE VA 24014 SALVATION ARMY(THE) 821 SALEM AVE SW ROANOKE VA 24016 BOND JASON 3824 MICHIGAN AVE NW ROANOKE VA 24017 FERGUSON CHARLES H JR 3751 SUNRISE AVE NW APT 1 ROANOKE VA 24012 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 R AND C WITHHOLDING LLC 1329 WYSONG MILL RD HARDY VA 24101 BRANDOW CHRISTOPHER A&SARAH J 1175 JUNIPER DR CHRISTIANSBURG VA 24073 820 DALE AVENUE LLC 1116 MAIN ST SW STE B ROANOKE VA 24015 MSCR HOLDING LLC PO BOX 494 VINTON VA 24179 SALLIES EBRAHIM 4008 CLAIRMONT ST SW ROANOKE VA 24018 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 BELMONT LOFTS LLC PO BOX 1079 ROANOKE VA 24005 ELLIS JOSEPH WAYNE SR 1019 CLEARVIEW DR VINTON VA 24179-3726 VA DEVELOPMENT LLC 4 AUGUSTA DR STAFFORD VA 22556 UMBELIEVABLE HOMES LLC 10804 BRADDOCK RD FAIRFAX VA 22030 UMBELIEVABLE HOMES LLC 10804 BRADDOCK RD FAIRFAX VA 22030 WEBBER TODD 907 DALE AVE SE ROANOKE VA 24013 i t* lug` 4 6� � b ,_ z f i rJF a k _ ZONING DISTRICT MAP % C h"' p� X110916 411p91 �111p Q v '> ' >• � ,,..,.,.. . 825, 823, 0, 0, 0, 0 Stewart Ave SE PVE 1pg1'f and 0 and 0 Dale Ave SE � �' > 1 • N N W � � � > N N O O Official Tax Parcels: 4112609, �11 > �, <<-A 4112608, 4112607, 4112606, 6; ' o o • _ `J x 4112605, 4112604, 4112618, and 4112617 respectively A $ 0 1 1 • �'• > • Area to be Rezoned ® > ' D• > > N > O ` Zoning N o o co � 4 AD:Airport Dev O - CG:Commercial-General CA �, Q > > O � > N W O a >�a> N N > o '° w% CLS:Commercial-Large Site NP cp O P, �` ��" CN:Commercial-Neighborhood o u +,� _�> o , > . • • • N'N� Nr° t0 t, D:Downtown0 ' N ' ! Q N -�h> ,0 0 • O + A w ' • . J $r-1 X40 I'D P O �1-1: Light Industrial m1-2:Heavy Industrial > 0 5 > Nt v� 261 O 0 c9 -� IN: Institutional .° w ������" Q IVIA INPUD: Institutional Planned Unit Dev - ` 1 ' • • ' • •• • - �"' ``�� - IPUD: Industrial Planned Unit Dev � �`Q' �o' �. X1126 ;, ���t ��,,�� N�rn � �� • � �� �- �' .��, MX:Mixed Use Q MXPUD: Mixed Use Planned Unit Dev Q O O N qN 6��4 > 12021 N Al, N NN xd j th w� w r, t " t ti �� e �y. - �.2�r� Obs J a R-12:Res Single-Family �'' r N � 4 N 2 �o > ., O q _ �� Lp;6 y R-3: Res Single-Familyr > N q � > � oao PVE� Nor o � ��12p2p� A ;>� > a R-5: Res Single-Family A> p N :� N N �P�,E >� > ' > O O ' � NNn R-7: Res Single Family �q O` a O 6P � 4 2 � � w „•� �'' RA:Res-Agricultural o - , O, ���� '.� ma .�'• � RM-1: Res Mixed DensityQq �O >V �� ,O 0r-j 120Ac wW � RM 2: Res Mixed Density y O� O� , N "0 W, � N O O }'� Q. > " O �> RMF:Res Multifamily N O c3+ N > > N p a0 11 l''D O N W a x %S'. r O w + y 1 ROS:Recreation and Open Space O >? O O w01 k No ISpN. a �>d - UF:Urban Flex N c9 " > «�� 0 > N > N 0� > � N �9 >� .; W> LQ Conditional Zoning ->C rj_k up 0 100 200 Feet w CTO - S t The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD RECEIVED November 08,2022 Atte TINA CARR 215 CHURCH AVE NOV A 1 RICT ROOM 166 �+ ROANOKE,VA24011 CITY Cr I tf jr. h04— PLMNIWI UU"_DIPIG ;D!:Z-- ;?t.iENT Date Category Desaip W Ad Size Total Cost 11117/2022 Legal Notices PUBLIC HEARING 2 x 8.00 IN 2,693.40 Publisher of the Roanoke Times 1,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice PUBLIC HEARING was published in said newspapers on the following dates: 11101,IIAXY2022 The First insertion being given... 1110112022 Newspaper reference: 0001377304 :"",\N - QWaL Bi{ling Re resentative Sworn to and subscribed before me this Sen Day of November 2022 Notary Public State of Virginia County of Hanover My Commission expires m ,h f� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE The City of Roanoke Planning Commission public hearing advertised herein will be held on November 14,2022.at 1:30 p.m.,or as soon thereafter as the matter may be heard in the City Council Chamber,fourth floor.Room 450.Noel Ci Taylor Municipal BuNding,215 Church Avenue SIN,Roanoke,Virginia,to consider the fol- lowing application. The application is available for review online at https://manokeva.gov/2019/C0m missions or may be obtained digitally by emailing plamdngIlibroatwkeva gov. All persons wishing to address the Planning Commission must sig"with the lo the � .oer� te� ntotecala-IM byaoN �ber 9202i written comments of Interestedd persons will be received by the Secretary to the Planning Commission at planning Oroanokeva.gov by noon,November 9.2022. If you are a person with a disaWW4 who needs accommodations for any public hearings advertised herein,please contact the City Clerks Office,(540)353.2541, by noon.November 11,2022. Application by Belmont Lofts,LLC,to rezone property located at 825 and 823 Stewart Avenue SE,and 4 parcels designated as 0 Stewart Avenue SE and 2 par. cels designated as 0 Date Avenue SE,Official Tax Map Nos.4112609.411M 4112607,4112606,4112605,4112604,4112618,and 4112617,respectively,from In- stitudonal District(IN)and Residential Mixed Density District(RM-2)to Mixed Use Planned Unit Development District WPUD).The land use categories permitted In MXPUO kzkrde residential;accommodations and group living;corrunefdak In- dustrial:warehousing and distribution;assembly and entertainment;pubic,insti- tuitional,and community;transportation;utility;agricultural;and accessory,with a maximum density as specified on the development plan for the district The comprehensive plan designates the property for mixed residential use The pro- posed use of the property Is mixed use.Including residential and commercial. Tina M.Carr,Secretary,City Planning Commission City Coundl will hold a public hearing on the aforesaid matter on November 21, 2022,at 7:00 p.m.,or as soon thereafter as the matter may be heard in the City Council Chamber,fourth floor,Room 450,Noel C.Taylor Municipal Building.215 Church Avenue SW,Roanoke,Virginia.All persons wishing to address City Coun- di may sip-up onfine at vwvwjoanokeva.gov/council.In order to sign up,the form to speak before City Council may be accessed under the tab"Sign Up form to Speak Before Councir on the left of the screen Sign up forms must be re- ceived by noon un November 21,2022.In the event the public hearwV+g is Loudest ed by electronic communication means due to the COVID•19 pandem le disaster, you will be notified by the qty Clerk's Office.For further Information,you may contact the Office of the City Clerk at(540)853.2541. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke provides interpretation at no cost for all public meetings, upon request If you would like to request an Interpreter,please let us know at least 24 hours In advance by calling(540)853.1283. La Ciudad de Roanoke proporciena knterpretad6n sin costo por todas citas p6blicas,previa so ic"Si usted desea soicitar un intErprete,higanoslo saber con at mens 24 horas de antetacibn per hamar(540)853.1283. 1lji la Roanoke inatoa huduma ya ukalimani bila maipo kadka mikufano vote ya umma,inapoornbwa.iwapo ungependa kuomba mkalimanL lafadhali tujuishe angalau saa 24 kabla kwa kupiga simu(540)053-1283. PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE The City of Roanoke Planning Commission public hearing advertised herein will be held on November 14, 2022, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, to consider the following application. The application is available for review online at https: Iroanokeva Dov%2019,'Commissions or may be obtained digitally by emailing planning(croanokeva ,rov. I All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning(i:roanokeva.gov or by calling (540)853-1330 by noon, November 9, 2022. Written comments of interested persons will be received by the Secretary to the Planning Commission at planningy(a roanokeva Prov by noon, November 9, 2022. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541, by noon, November 11, 2022. Application by Belmont Lofts, LLC, to rezone property located at 825 and 823 Stewart Avenue SE, and 4 parcels designated as 0 Stewart Avenue SE and 2 parcels designated as 0 Dale Avenue SE, Official Tax Map Nos. 4112609, 4112608, 4112607, 4112606, 4112605, 4112604, 4112618, and 4112617, respectively, from Institutional District (IN) and Residential Mixed Density District (RM-2) to Mixed Use Planned Unit Development District (MXPUD). The land use categories permitted in MXPUD include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory, with a maximum density as specified on the development plan for the district. The comprehensive plan designates the property for mixed residential use. The proposed use of the property is mixed use, including residential and commercial. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matter on November 21, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons wishing to address City Council may sign-up online at Ns«w.roanokeva.govicotulcil. In order to sign up, the form to speak before City Council may be accessed under the tab "Sign Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by noon on November 21, 2022. In the event the public hearing is conducted by electronic communication means due to the COVID-19 pandemic disaster, you will be notified by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretac16n sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelac16n por hamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. j;A_5A 1�I 1J9�'cs°9°G uL J�a o1a L,I y u ly�,�u j C." U(540) 853-1283 ,D_qil o ju.�U L-.L-� 24 31-- LqALL!�t�y Please publish in newspaper on Tuesday,November 1, 2022, and Tuesday,November 8, 2022. Please bill and send affidavit of publication by USPS and via email to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853-1730 tiva.carr(tc.roanoke�-a.s�ov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue SW, Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 540/853-2541 susie.mcco%-(i; 'oanokeva.�-,oti CITY OF ROANOKE OFFICE OF THE CITY CLERK f 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CIVIC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk November 8, 2022 Christopher Vail 1909 Salem Avenue, S. W Roanoke, Virginia 24016 Dear Mr. Vail: A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 14 at 1:30 p.m. in regard to a request by Belmont Lofts, LLC, to rezone property located at 825 and 823 Stewart Avenue, S.E., and 4 parcels designated as 0 Stewart Avenue, S.E. and 2 parcels designated as 0 Dale Avenue, S.E., respectively, from Institutional District and Residential Mixed Density District to Mixed Use Planned Unit Development District. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 21 at 7:00 p.m., pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www roanokeva.gov, under "Roanoke Planning Commission News", following its meeting on Monday, November 14. If you have questions regarding the Planning Commission public hearing, please. ry Y contact Tina Carr, Secreta to the Cit Planning Commission at (540) 853-1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853-2541. Sincerely, e4.e�J� Cecelia F. McCoy, CMC City Clerk Enclosure c: Pullman Belle, LLC, 3220 Selwyn Farms, Lane, Unit 3, Charlotte, NC 28209 Alexander A. Waldrop, III, 812 Stewart Avenue, S.E., Roanoke, VA 24013 The 814 Stewart Avenue Land Trust, 4336 Van Winkle Road, S. W., Roanoke, Virginia 24014-5229 Robert Norman Pratt, 818 Stewart Avenue, S. E., Roanoke, VA 24013 November 3, 2022 Page 2 c: Doak, LLC, 3002 Rosalind Avenue, Roanoke, VA 24014 The Salvation Army, 821 Salem Avenue, S. W., Roanoke, VA 24016 Jason Bond, 3824 Michigan Avenue, N. W., Roanoke, VA 24017 Charles H. Ferguson, Jr., 3751 Sunrise Avenue, N. W., Apt. 1, Roanoke, VA 24012 Belmont Lofts, LL, P. O. Box 1079, Roanoke, VA 24005 R and C Withholding, LLC, 1329 Wysong Mill Road, Hardy, VA 24101 Christopher A. and Sarah J. Brandow, 1175 Juniper Drive, Christiansburg, VA 24073 820 Dale Avenue, LLC, 1116 Main Street, S. W., Suite B, Roanoke, VA 24015 MSCR Holding, LLC, P. O. Box 494, Vinton, VA 24179 Ebrahim Salles, 4008 Clairmont Street, S. W., Roanoke, VA 24015 Joseph Wayne Ellis, Sr., 1019 Clearview Drive, Vinton, VA 240179-3726 VA Development, LLC, 4 Augusta Drive, Stafford, VA 22556 Umbelievable Homes, LLC, 10804 Braddock Road, Fairfax, VA 22030 Todd Webber, 907 Dale Avenue, S. E., Roanoke, VA 24013 Tina Carr, Secretary to the City Planning Commission Department of Planning,Building and Development Room 170, Noel C.Taylor Municipal Building 215 Church Avenue, S.W. Roanoke,Virginia 24011 Click Here to Print Phone: (540)853-1730 i i Filing Date:Sep 26,2022 Submittal Number: Original Application 3 ? R � I£ tt`al #�rar# EfMY�. : ❑ Rezoning,Not Otherwise Listed ❑Amendmerjt of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of PlannedUnit Development Plan © Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District 1 Pii_�p�1��tir�fatlEpn� � ' Address: 825 Stewart Avenue SE.Roanoke,VA 24013 Official Tax NO(S).: 4112609,4112608,411260707,4112606,4112605,4112604,411?618,41126,17 Existing ❑ Without Conditions i Ordinance Zoning: Institutional and RM-2 Res Mixed Density ❑ With Conditions No(s .(If © Planned Unit Development applicable): Requested ❑ Without Conditions Proppsed Zoning: MX-PUD ❑ With Conditions LandUse: Apartments with Common Area ❑ Planned Unit Development i Name: Belmont Lofts,LLC z I Phone dumber: +1 (540)529-7134 Address: 1909 Salem Ave SSV.Roanoke,VA 24016 E-mail; chris@sycamoredevelopme f l Prop�ry OvSign�as 1 Name: Christopher Vail Phone Plumber: +1 (540)529-7134 i Addres 1909 Salem A/v SSW.Roa ke,VA 24016 E-mail: ' chris@sycamoredevelopme L/ Ap;+f�Ys igna6ae: Name: Christopher Vail ! Phone lumber: +1 (540)529-7134 Addres . 1909 Salem Ave W.Roan o e,VA 24016 E-mail:'s chris@sycamoredevelopme Autlwn2ed Agenft SignaVe: '', a 000 heolfowagiust# subirttforayt apltatots � . FjZ Completed application form and checklist. R Written narrative explaining the reason for the request. i'" Metes and bounds description,if applicable. Q Filing fee Fvt'a�rezo �rifot#�e7vuise listed die -1-1 mfalsa be subrifted:` f Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Pflr a co troy ai z�in tf�e`.#olfow�nghrnussuOni to F- Written proffers. See the City's Guide to Proffered Conditions. r Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as 'development plan if proffered Fcr a plainedn> £opmeii#a the fofk��nnnr�g must466 Wstbm�tteii FEZ Development plan meeting the requirements of Section 36 .2-326 of the City's Zoning Ordinance, Fo �a corielte�is>��t�tgn`o�etlay d�str`fct,`#he�folta�ving mu�=be subm�fte�f` IF— Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. an3i �itOferedC#3t1�tivns,#fifoffvtrtg trtt�s altst# ntted Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance I+or�a planiecur>t�ue'iopm:of amment,thefallnrg rusf alsatcfrnri: F" Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. J— Copy of previously adopted Ordinance Far�cv'rr�'e��ens�»rs�ttyo��a ���er►�t, =�ol[ew�r3g musf�l�i be�s��f �" Amended comprehensive signage pian meeting the requirements of Section 36.2-336(dj of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance For apioff(?atretirPsr'affic fiipacst�dye subt�iittdvt�ey; �l , . (- A Traffic Impact Study in compliance with Appendix B 2(e)of the City's Zoning Ordinance i tFesZa#a€IFi �rrt a> aoai€sis e s 07 Fora poatre� F" Cover sheet. F- Traffic impact analysis. F- Concept plan. F" Proffered conditions,if applicable. F" Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/planningcommission, A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. Belmont Lofts, LLC — Request for Rezoning Chris Vail Member—Belmont Lofts, LLC 1909 Salem Ave. SW. Roanoke,VA 24016 September 26, 2022 Planning Commission City of Roanoke 215 Church Ave SW Roanoke,VA 24011 Dear Chair and Members of Planning Commission: I am writing you today on behalf of Belmont Lofts,LLC,a Roanoke,Virginia based real estate Development Company, to pose a request for rezoning the real property located at 825 Stewart Avenue SE, known locally as the Belmont Baptist Church.The facility, in its current state, is a multi-story religious use facility that includes an original sanctuary and multiple additions over the last century. Belmont Lofts, LLC is the contract-owner of the property and is in the planning phases of redeveloping the property into apartment units and reserve the sanctuary for its continued religious use. The unimproved parcels will remain in their current use as parking lots. Other intended uses for the sanctuary space include: Community Center,Amphitheater, Meeting Hall. This proposal has come about due to the current owner,Trustees of Belmont Baptist Church,led by Pastor Jon Laughinghouse,expressing their absence of need for the space. Churches have been seeing a decline in in-person attendance and general congregation size over the last decade.This was accelerated by the COVID-19 pandemic. As a result, the church is interested in selling the facility to further stabilize their financials and secure their future operations. Belmont Lofts, LLC saw the opportunity to develop apartment units, with some degree of affordability, in a neighborhood that needs an infusion of quality living units for rent.The project is intended to be funded partially by the use of federal and state historic tax credits, as well as Virginia Housing (formerly VHDA) lending which will require a percentage of units to be leased to tenants whom earn no more than 80%of the area median income, as published by HUD. We believe this project will spur further positive development in the area which will benefit the community as a whole. Traffic will be increased only the degree in which there will be thirty-two apartment units on site. The congregation will continue to operate out of the sanctuary on Sunday mornings,which is a continuation of existing traffic patterns. There are few other facilities in the area which have PUD zoning.The nearest would be the Rescue Mission which is an Institutional PUD.We are seeking MX-PUD as this is the most applicable zoning text as it relates to the proposed density per parcel and mixed-use nature of the proposed redevelopment. Surrounding zoning also includes CN, MX,CG,and RM-2. Belmont Lofts, LLC feels that this proposal is in keeping with the City's comprehensive plan and specifically in keeping with the Belmont-Fallon Target Area planning. Expected results of the Belmont-Fallon Target Area includes the construction of new housing units and rehabilitation of existing housing units. We feel this project, in both scale and appearance, would serve as a catalyst for private investment in the target area.We have participated in the Southeast Action Forum April 2022 meeting in person and received only positive feedback from the public participants, including Mayor Sherman Lea. Belmont Lofts, LLC — Request for Rezoning Thank you for your consideration of our request. l4 LAI SITE INFORMATION + e awNE MONK RAPisr cnuecH p � ao9 ART AVE sad LOT 5. O.D Al,AP N111 1 1�2GP9 Ex.zDN Nc ry INSTITUTIONAL l .+ + &ASSOCIATES —ZONING PILANNEN8 1=""S OWNS s CBURCH y i} A 1, iLr'� L 5ca 4 '� T ^w m+• n.m m�. rELM T BAP EN 5 EWAvn AVE y ROANOKE TAX MAP NUMBER 4n260 0. Ld1FL " ' "" 6a v 4112 / saa rre ama 411260fi 0.11 AC.♦/ ...+�—�--^ _ ,.r :1 .. �.. ; '„ 1 — 20 . aw wwA«„»,.,,«a. ,-,.".. .n, aM.m ;.., s 1 de4•, z '., Mv `s.,.+.«w,.,..Pr^.� ate- Ex.ZONING: N NST runorwL � ;,yas � OWNER, E T CHURCH ROANOKE VA DALE 24013 in%MAP NUMBER:4112611 O 12 AC.+/- T �\ ZONING: 2 RESIDENTIAL MIXED DENett DISTRICT OWNS. TR ON'BAPTST CHURCH Y N 4 1 1 6 ROIALEANOxE VA 24011 - 1 TAX MAP NUMBER:41126IN O.2 AC. ZONING RESIDENTIAL MIXED DEN51V DISTRICT r5L ;J MTy'�� $ g 'uY OWNER:BELMO BAPTST CHURCH - ` 1 SEWAVHT AVE A 240,B FOAND E TAx MAP NUMBER 4 allz6D6 Gzt Ac. z Ex. N N9TTDTONAL 1 ” a �. +1C,I *,,. F AA P a0 :Mxau A4 C. MXPUn ZONING REGULi IONS MIN LOT AREA PER OWELING UNIT NONE 1 — , ., O Loi ,,.;,., d .,N z W I— N/X.MAx m $� Lu �9 6 x HEIGHT MAXIMUM:40 uPEWloll lUlLAZE AREA MAX.NOW d. wy C 7 MINIMUM TREE CANOPY_1sz REGU RED xSTNG SPACES: 6B E r PERMITTED USE5 IN 11VU QUE G am - 4w Y & C R z J DWELLNG MULi FAMFX ✓d °^#E+''N'"`2*" „�t , PLACE OF WORSHIP IP 1Mtt, w �„'? S i ? $ Z GOMEETMUN R .y '"�.' M 15 T MIXED N USE A BUILDING RGAN 2Ai ON r~ • J.A`s } lr v W ENTERiuNACNTGESTARIJ-111 G �, �'. a te,• cfi 1 a AR�T STUDIO # STOL A .SCHOOL mR THE ARTS O COMMUNICATIONS OL'STPAREALTH Lf ACCE55ORY u5E5NO!GTHERW HOME GOOD SERLSLE SONAL SERVICES P.1-EXCLUD NO HE 3 OW NX LEGEND: 0 x �k Ex SING BUILDING TO REMAIN AS ASSEMBLY OR COMMERCIAL USE MULTEAMLY aEsSENTnLE CONVERTED m 1 l t`:` - _° -' i 4 ..' a � w 1 T yT Erb.. :` `' Y Exsrrvc BUL s I UP CONCEPT NOTE: y->hr? d ,i . ,,x,., g( e .v 5CA. L .THIS DLVELOPMENT PLAN HAS BEEN PREPARED 1 m CURRENT HPNs USING COMPILED NFEN PERF A 1 mE T PERFORMED T s YZ kd1 E $ SOURCES FROM GOGGLE EARTH. D E ATED NOVEMBER 2 19. ELEVATONS WILL HE IN SUBSTANTIALECONFOR q1T SET GN EA A S NOWIT THE ATTACHED 6OFBUILDING Pw k � 2 p 3 t 5'f ��y \ti yW L1efi ixAAi^ IZ EX-A N �, „ � F1 NN DRAWING INDEX LOFTS °BELMONT n ADAPTIVE REUSE(DHR SUBMITTAL) t $ALZER 825 STEWART AVENUE SE = — SNAHI EO s aa' �1r t wD ROANOKE VIRGINIA 24013 H —— r ' =i U - snovressnu , . 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Q N °' > p:`'' 4121)2 NO N SYN �, � > , > R-12:Res Single-Family >> N � N «rte �`. R-3:Res Single-Family , `;� p > N, 412 oco N EpVE r� o° o A fie, �. 2p204o R-5:Res Single-Family > N A� > �a > >`' G1 "> 'N 9 y o N QD > N � �.tNo o N > 0 >O > %> p Nl R-7:Res Single-Family O� ; > Q LT% RA:Res-Agriculturalu RM-1: Res Mixed Density O ice° `N9 pb' O 1202oa �� ' �� RM-2: Res Mixed Density > N oCP '> ` N c9 s p _1 > N O , D � P> N RMF:Res Multifamil > N i9 O O N o > > . • . • . • • Q > N o O O +Q �" N9 ROS:Recreation and Open Space r N Q O s > > pV E �I� N p py% p > "Irk "Q o` N c Lo , MASON Q o UF: Urban Flex X> > N N V Q ,OAF`>� N (_0 Conditional Zoning LQ > 0 4 CT • • •�• • • • do p . 0 100 200 Feet w E A120�09 �' 3 0 `°t` " • , N,, • N IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21"day of November 2022. No. 42498-112122. AN ORDINANCE authorizing the City Manager or his designee to execute the necessary documents providing for the sale and conveyance of 0 Daleton Road, N.E., Roanoke, Virginia, bearing Official Tax Map No. 7130123 to TPB Enterprises, LLC, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on November 21, 2022, pursuant to §§15.2-1800 and 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 sale and conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized on behalf of the City to execute a sales contract, substantially similar to the Contract attached to the City Council Agenda Report dated November 21, 2022, to sell to TPB Enterprises, LLC an approximately 6.2344 acres of land located at 0 Daleton Road, N.E., Roanoke, Virginia, Official Tax Map No. 710123, for the sum of$251,000, less the cost of the agreed-upon improvements. 2. The City Manager or his designee is further authorized, for and on behalf of the City, to execute a Special Warranty deed and all other necessary documents, in a form approved by the City Attorney, providing for the sale and conveyance of the property to TPB Enterprises, LLC , all as more particularly set forth in the City Council Agenda Report dated November 21, 2022. 3. The City Manager or his designee is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Buyer pursuant to the Contract. 4. All documents necessary for this conveyance shall be in form approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. - — u ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 21, 2022 Subject: Proposal of the City of Roanoke to sell property located at 0 Daleton Road, N.E., Official Tax Map No. 7130123 to TPB Enterprises, LLC. Background: The City of Roanoke is proposing to sell approximately 6.2344 acres (with all Improvements) of land located at 0 Daleton Road, N.E., Roanoke, VA, Official Tax Map No. 7130123 ("Property"), to TPB enterprises, LLC ("Buyer") to construct, operate and maintain a stormwater detention basin on the property, to be a part of a multifamily housing and mixed use development. Considerations: The City owns, operates, and maintains a stormwater facility on the Property that detains runoff from upstream sources, including the Statesman Industrial Park and associated public rights-of-way. The existing facility manages the quantity of water, reduces peak flow, but is not designed to improve the quality of runoff, nor is it designed for significant removal of sediment and associated nutrients or debris. The Buyer proposes to design and make BMP improvements to the property pursuant to a development agreement to maintain the storage/detention capacity related to existing flows and to provide storage/detention capacity for the new development. The Buyer proposes to add water quality related elements to the facility to help remove sediment, nutrients and debris from runoff discharged from the expanded facility. The purchase price for the Property shall be $251,000, less the costs of the agreed-upon improvements to be made by Buyer to the stormwater facility located on the Property. Recommended Action: After consideration of comments received at the public hearing and absent comments at the public hearing needing further consideration, authorize the City Manager or his designee to execute the proposed agreement, substantially in the form attached hereto, and execute and deliver all closing documents and take such other actions to effectuate the proposed agreement. All documents are subject to approval as to form by the City Attorney. Bob Cowell, City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager/Director of Finance Amelia Merchant, Deputy Director of Finance Ian Shaw, Acting Director of Public Works Marc Nelson, Director of Economic Development Cassandra L. Turner, Economic Development Specialist November 21. 2022 Draft CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property ("Contract") is dated 2022.between the CITY OF ROANOKE, VIRGINIA. a Virginia municipal corporation with an address of 364 Noel C Taylor Municipal Building,215 Church Avenue, S. V., Roanoke, Virginia 24011 ("Seller"). and TPB Enterprises. LLC, a Virginia linuted liability company, with an address of 103 Edgexvay Drive, Suite H. Lynchburg.VA 24502 ("Buyer"). RECITALS: WHEREAS. Seller is desirous of selling certain real property together with any improvements thereon. located at 0 Daleton Road.N.E..Roanoke.Virginia.. Official Tax Map No. 7130123, an approximate aggregate total acreage of 6.2344 acres (with all Improvements (as defined below).referred to hereafter as the"Property")to Buyer and Buyer is desirous of acquiring such Property upon the terms and conditions set forth below WHEREAS, Seller will sell the Property to Buyer provided Buyer fully complies with in this Contract and if Buyer fails to comply with such certain terms and conditions as set forth terms and conditions..Buyer shall be liable to Seller for the amount set forth hereinafter or for such other remedies available to the Seller as set forth in this Contract or by law; WHEREAS. Seller owns. operates, and maintains a stonuwater facility on the Property that detains runoff from upstream sources, including the Statesman Industrial Park and associated public rights-of-way. The existing facility manages the quantity of water, reduces peak flow, but is not designed to improve the quality of runoff, not designed for significant removal of sediment and associated nutrients or debris: WHERAS, Buyer proposes to design and make BMP improvements to the Property pursuant to a development agreement to maintain the storage/detention capacity related to existing flows and to provide storagei detention capacity for the new development. The Buyer proposes to add water quality related elements to the facility to help remove sediment, nutrients and debris from runoff discharged from the expanded facility: and WHEREAS. Seller is selling the Property with the intention that Buyer develops the improvements to the storniwater facility and maintain such facility pursuant to a Stonnwater Management Agreement. 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 is 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: 1 ,9S2469001-x'{`-DOCKS; November 21. 2022 Draft SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires. for the purpose of this Contract. the following terns shall have the meanings set forth in this Section: Closing: The consummation of this Contract. as more particularly described in Section 11. Closing Date: The date provided for in Section 11 hereof for the Closing. Contemplated Use: Buyer intends to construct. operate. and maintain a stonnwater detention basin on the Property. to be a part of a multi family housing and mixed use development. Days: Unless othelwise stated, this term means consecutive calendar days. Effective Date: The date listed in the fust paragraph of this Contract. which shall be the date this Contract is signed by Seller and delivered to Buyer. Improvements: Any and all improvements.and all appurtenances thereto,located on the Property at the time of Closing. _Performance Security: Performance Security shall be a bond or letter of credit that shall be substantially in the form of Exhibit 2 attached hereto and made a part hereof, in the principal amount of S250,000.00. issued in favor of Seller by a bank or credit union qualified to conduct business in the Commonwealth of Virginia and with an office in the City of Roanoke. Virginia, which is to be delivered at Closing and shall serge as security for the performance of Buyer's Post- Closing obligations in Section 2.B to make improvements to the stormwater facility. The terms and conditions of the Performance Security are more specifically set forth in Section 12 of this Contract. Permits and Approvals: All permits, approvals, consents. and authorizations issued by a Govenunental Authority that are required for the construction. and of the development as contemplated, all such permits. approvals. consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Pro'ect: This term means and includes the development of the Property necessary to construct, operate.and maintain a stormwater detention basin.all in accordance with the terms and provisions of this Contract. Pro er ': The property, together with any Improvements thereon, located at 0 Daleton Road. N.E.. Roanoke, Virginia. Official Tax Map No. 7130123. an approximate aggregate total acreage of 6.2344 acres. as shown on Exhibit 1. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by the Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. 2 198'4 6900174255DOCX;3} November 21. 2022 Draft 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 5251.000, less the costs of the improvements to be made by Buyer to the stormwater facility located on the Property that would otherwise have fallen to the City for required maintenance of the existing facility. or for adding features to improve the quality of existing runoff to the facility. Purchase Price shall be payable by cash, certified check, or wire transfer from Buyer at Closing as more fully set forth in Section 11. During the Feasibility Period the parties shall cooperate and work together to agree on the improvements to be made by Buyer to the stonmvater facility located on the Property and the cost associated with such improvements. In the event Buyer fails to make the agreed upon improvements within: (a) 5 years following Closing of the Property:. or (b) development of the Property for residential and commercial development. whichever comes first. Seller may make such improvements and Buyer shall be responsible for all costs incurred by Seller in connection therewith. This provision shall survive termination and shall not merge into the deed. SECTION 3. CONDITIONS FOR COiPLETION OF CONTRACT. A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, the Seller. as of the Closing, shall have complied with the Seller's representations and warranties in Section 10 of this Contract. and the fulfillment to the Buyer's reasonable satisfaction of the Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 4. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract. the Buyer, as of the Closing, shall have complied with the Buyer's obligations, representations, and warranties in this Contract. 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 parry'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 Closing has not occurred through no fault of the Seller on or before the Closing Date, the Seller, at its sole election, by written notice given to the Buyer, may terminate this Contract. Seller, at its sole option, may also by written notice to Buyer give Buyer an additional amount of time 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 through no fault of the Seller. this Contract shall automatically be tenninated 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. 3 {9824 69 001742>=.DOCX_3) 'November 21. 2022 Draft D. Buyer shall have 90 Days after the Effective Date as a Feasibility Period ("Feasibility Period") during which Buyer shall have the right to enter the Property to investigate all aspects of the Property to make such marketing. financial, surveying, architectural, engineering, topographical, geological. soil, subsurface. environmental. water drainage. and traffic studies and any other audits, investigations, inspection, evaluations, studies, tests, borings. and measurements as Buyer deems necessary or advisable (collectively. "Investigations") to determine whether there exist any issues with that would prevent or increase the cost of Buyer's intended use of the Property. Should Buyer in Buyer's sole discretion determine during such Feasibility Period for any reason that the Property is not suitable for use by the Buyer for the Contemplated Use. Buyer shall notify the Seller in writing as soon as reasonably possible, but in no event later than five(5)Days after the end of such Feasibility 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 issues discovered by Buyer. E. In connection with the Buyer's ability to conduct the Investigations mentioned above, the Seller hereby grants to Buyer, its officers, agents, employees, contractors. subcontractors. licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Feasibility Period,. upon one (1) working day prior telephonic or electronic mail notice to Seller's representative, who is Michael Venable, with a telephone number of (540) 853-5911 and an electronic mail address of Michael.VenableC(Roanokeva.gov,in order to conduct Investigations of the Property upon the following terms and conditions: (i) If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 3,the Seller may revoke this right of entry upon one (1) working day prior telephonic or electronic mail notice to Buyer's representative, who is Thomas P. Bell, with a telephone number of(434) 660-9054 and an electronic mail address of tbellCa thomasbuildersofva.com, with a copy to Cooper Youell. with a telephone number of (540) 904-7836 and electronic email address of cyouellra whitlo«youell.com. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section 3. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 3 to a condition substantially equal to that existing immediately prior to entry on the Property (subject to minor clearing of vegetation reasonably necessary for the performance of the Investigations). (iii) Buyer agrees and binds itself and its successors and assigns to indemnify,keep and hold the Seller and its officers, agents, employees,volunteers. and representatives free and harmless from any and all liability,claims,causes of action, costs and damages of any type. including attorney's fees (collectively, -Claims"). on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer including,but not limited to.Buyer's use of the Property prior 4 19?'_4 69 001741_55.DOCx_3,' November 21. 2022 Draft to Closing in violation of any provision of this Contract or the exercise of any right or privilege granted by or under this Section 3: provided, however. that such indemnity shall not extend to any Claims arising primarily from the negligence or intentional misconduct of one or more of Seller or its officers, agents. employees, volunteers, and representatives. In the event that any suit or proceeding shall be brought against the Seller or any of its officers., employees, agents, volunteers, or representatives. at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account of any Claim to which Buyer's indemnity applies. Seller shall provide Buyer with notice of such suit or proceeding and Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives. will pay all costs of defending Seller or any of its officers, employees, agents, volunteers or representativesas applicable, in any, such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees. agents., volunteers or representatives, either independently or jointly with Buyer, its officers,. agents, employees. contractors, subcontractors. licensees, designees. representatives and consultants, in any such suit or proceeding regarding any Claim to which Buyer's indemnity under this clause (iii) applies, then Buyer will pay such settlement or judgment in full or will comply with such order or decree (to the reasonably possible), will pay all costs and expenses incurred in connection with such Claim by Seller or its officers, employees, agents, volunteers or representatives, including attorney's fees, and hold the Seller or any of its officers, employees, agents,volunteers or representatives harmless therefrom. (iv) Buyer shall, at its sole expense, obtain and maintain, and have its contractors or representatives obtain and maintain.the insurance set forth below. Any required insurance shall be effective prior to the beginning of any Investigations. The following policies and coverages are required: (a) Conunercial General Liability-. Commercial General Liability insurance or its equivalent.written on an occurrence basis.shall insure against all Claims from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (b) Contractual Liability. Coverage for Contractual Liability as defined by terms in the policy. (c) Workers' Compensation. If applicable, Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Conunonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under Section 3. Minimum limits of liability for Employer's Liability shall be S 100,000 bodily injury by accident each occurrence: S500.000 bodily injury by disease (policy limit): and $100.000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller and its officers. agents, employees. volunteers, and representatives. 5 {9824 69 00174255_DOCX:3; November 21, 2022 Draft (d) Automobile Liability. If applicable, the minimum limit of liability for Automobile Liability Insurance shall be 51,000.000 combined single limit applicable to ownedornon-owned vehicles used in the performance of any work under this Section 3 and shall be written on an occurrence basis. (v) The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of 51,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. (vi) All insurance shall also meet the following requirements: (a) Buyer and/or its contractors.. consultants and representatives shall furnish Seller with a certificate or certificates of insurance showing the type. amount, effective dates and date of expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self- insurance Seller may have. (b) Buyer shall inunediately notify Seller in writing if any of the insurance Policies or coverages required are canceled, and shall inunediately replace such insurance and provide documentation of such to the Seller. (c) The required insurance policies and coverages, except as to Workers' Compensation and Employer's liability, shall name the Seller Parties as additional insureds. The certificate of insurance shall provide that Seller is an additional insured if required by contract. The following statement must be included in the Description of Operation box: "The City Of Roanoke and its officers,employees, agents, assigns, and volunteers are additionally insured to the general liability policy except with regard to the workers compensation coverage." (d) Any insurance company providing coverage hereunder shall be authorized to do business in the Commonwealth of Virginia, shall be financially stable. and have an A.M. Best's rating of A-VII, or better. F. Upon the request of Seller, Buyer. its officers, agents, employees, contractors, subcontractors. licensees, designees, representatives and consultants, shall Nvithin a reasonable period of time after receipt of any preliminary or final survey. test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so ies of raw data obtained and any laboratory and requests. Buyer shall also turn over cop observation reports or analyses. Any information provided by Buyer to Seller is conveyed without warranty or any representation as to the truth or accuracy of the information disclosed. Such copies of all the above shall be provided to Seller without charge. The 6 {9524 69 0017425 5 DOCX.3; November 21. 2022 Draft provisions of this Subsection F shall not apply to proprietary- information generated by Buyer.. including but not limited to sales estimates. market studies. and information related to Buyer's building prototypes. 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 governing Buyer's Investigations or Buyer's performance of its obligations under this Contract. Buyer, its officers, agents, employees. contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 3. shall obtain,at their cost.any and all required permits and/or licenses for any such work. SECTION 4. BUYER'S ANTI) SELLER'S OBLIGATIONS. A. Seller agrees that it will do the following: (i) Seller agrees to sell to Buyer the Property. Seller will deliver to the Buyer a special warranty deed at Closing in accordance with the terms of this Contract. B. Buyer agrees and promises that it will do and or has done the following: (i) Buyer shall purchase the Property from the Seller AS IS subject to all easements.. restrictions, and covenants of record for the Purchase Price and will make payment in accordance with the terms of this Contract. (ii) Buyer acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. (iii) Buyer agrees that Buyer is taking the Property in an AS IS condition without any warranties or representations from Seller, and that Buyer has had or will have sufficient opportunities to fiilly, examine the Property and that the Buyer shall comply with all environmental and other laws. (iv) Buyer shall promptly pay for all advertising costs and any related fees or costs incurred by Seller in complying with legal requirements that are prerequisites to Seller's execution of this Contract and the performance of Seller's obligations under this Contract, including, but not limited to costs for any advertisement of required public hearing(s). Such payments shall be made directly to the entity providing the advertising or other service. or to the City, as the City may direct. (v) Buyer agrees that the conditions and obligations of Buyer under this Contract 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. 7 19824 69 00174255DOCK3 I November 21. 2022 Draft (vi) Buyer agrees that following Closing, Buyer shall make available to the City. at all y located on the Property,equal to or greater times, capacity in the stormwater facilit than the capacity existing as of the date of this Agreement. which capacity will be defined during the City's Development Plan Review process. Buyer agrees that Seller will require Buyer to enter into a Stormwater Management Agreement that includes terms related to access. inspection and maintenance of the facility in connection with its acquisition of the Property. Such agreement may include any bonds or performance guarantees related to modification of the Stonmwater Facility.The parties shall cooperate and work together during the Feasibility Period to finalize the terns and conditions of a Stonnwater Management Agreement. (vii) As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract. and following the expiration of the Feasibility Period pursuant to Section 3, Buyer shall apply for and receive approval from the City of Roanoke for rezoning the Property to MXPUD. The City agrees to promptly execute any forms and applications related thereto that Buyer reasonably requests, provided. however, that the burden of obtaining such approval shall be borne by Buyer. The City shall cooperate with Buyer in pursuing the foregoing approval. Buyer shall be responsible for payment of all application, filing, and related fees to the City of Roanoke for rezoning of the Property. (viii) As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perfonii any obligations provided for in this Contract.Buyer shall have obtained all Permits and Approvals, and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 3. (ix) Buyer shall complete purchase of the Property prior to the start of any on-site work unless specifically approved by the Seller. C. Post Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's conunitment to develop the Project 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. Buyer acknowledges and agrees that Buyer shall not sell, transfer.or otherwise dispose of the Property or Easements. any portion of the Property or Easements. or any interest in the Property or Easements, other than a deed of trust or mortgage in connection with the development and construction of the Project, until the Property improvements to the Ston-nwater Facility have been completed. If Buyer conveys. transfers. or attempts to convey or transfer the Property, any portion of the Property. or any interest in the Property. such conveyance shall be deemed void, of no force or effect, and a breach of this Contract. ',Not-withstanding the foregoing, once the Buyer has made the agreed upon improvements to the Property. Buyer may sell the Property provided the purchaser agrees to be bound by the terns and conditions set forth in this Contract and 8 {98 24 69 0017=1255.DOCY_-i November 21. 202-2 Draft enters into a Storniwater Management Agreement with the City on or before the Property is transferred. D. Obligations Survive Closing. 1. Buyer agrees that the conditions and obligations of Buyer under this Contract 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 nun with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke,Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall ftirther provide that all other conditions and obligations of Buyer(except for those previously satisfied and acknowledged by the City in writing) remain in frill force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. 2. Seller's obligations set forth in Section 4.0 shall survive the Closing, subject to strict compliance by Buyer with respect to the conditions of Section 4.C. SECTION 5. COMPLI.ANNCE WITH LAWNS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements,related to tine purchase of the Property or the development thereof. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Innmigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Except as otherwise set forth herein. each party agrees not to assign or transfer any part of the party's rights or obligations under this Contract without the prior written consent of the other party. which consent shall not be unreasonably withheld, and any such assignment shall not relieve the assigning party from any of its obligations under this Contract. For avoidance of any doubt, an assignment does not include any transfer of a minority interest in the shares or other ownership interests of Buyer, regardless of whether the transfer occurs voluntarily or involuntarily, by operation of law, or because of any act or occurrence. Seller agrees that Buyer may assign the 9 {982 4 69 001`42;`.DOCX.3} November 21, 2022 Draft rights under this Agreement to an entity controlled by Thomas P. Bell of which he has more than fifty percent interest. SECTION 7. INDEMNITY. Buyer agrees to indemnify and hold harmless the 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 injuiy 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 Buyer or its agents, employees, contractors. or representatives arising out of or connected in any way to any of the matters invoked in this Contract or any perfonmance thereunder. 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. EASEMENTS. In connection with Buyer's applications for Permits. Buyer promises and agrees to grant and dedicate to the Seller and/or the `'Western Virginia `'Fater Authority all reasonably necessary easements on the Property for the construction,operation,maintenance,and repair of infrastructure improvements needed for or benefiting the Property or surrounding areas, including, but not limited to, storm drainage. sanitary sewers, an&or water, all at no cost to the Seller and or the Western Virginia Water Authority.Any such easement shall not materially and adversely interfere wit Buyer's proposed development, and must be approved by Buyer's engineers and surveyors. Notwithstanding the foregoing, Buyer accepts the Property with all encumbrances, including existing storm drains,. sanitary sewers, and/or water lines and all utility easements (the "Existing Rights and Easements"). Unless Buyer and Seller agree otherwise, Buyer shall be solely responsible for all costs associated with any relocation of Existing Rights and Easements which may be required to accommodate the Buyer's proposed development. SECTION 10. COVENANTS --%-`'D «r ARRA\TTIES. 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 and any matters disclosed by the survey to be completed by Buyer. 10 {9824 69 0014255.Docx:-} November 21. 2022 Draft B. The Seller represents and warrants with respect to the Property that: (i) Title. Seller has title to the Property subject to any restrictions, covenants, and easements of record and any matters which a survey would disclose. Seller is the sole owner of the Property. Condermlation. Seller has no knowledge of any pending or threatened proceedings for condenulation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. (iv) Access. Ingress to and egress from the Property is available and provided by a permanent access easement across 2802 Daleton Road.N.E., Official Tax Map No. 7130113. SECTION 11. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty Deed in an AS IS condition(the "Deed") subject to the following: (i) Ad valorem real property taxes for the current year, not yet due and payable. stonnN;-ater utility fees, for the current year, not yet due and payable. and solid waste fees, for the current year, not yet due and payable; (ii) Those matters of title to which Buyer has not objected to in writing; (iii) Those matters reflected on the Survey to which Buyer has not objected to in writing; (iv) Easements and other restrictions of record as of the date of execution of this Contract by Seller; (v) Liens and objections shown on the Title Corrunitment; (vi) Other customary and usual exceptions not adversely affecting title: and (vii) Those items and matters set forth in this Contract and that the obligations and undertakings of the Buyer in this Contract shall survive Closing and be incorporated into the Deed. 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 Buver 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 is vested in Buyer. 11 {9324 69 00174255.DOCX.3} November 21, 2022 Draft C. Provided all conditions under Section 3 have been satisfied, Buyer and Seller shall consummate and complete the Closing of this transaction on the date (the "`C:losing Date") that is thirty(30)Days after satisfaction of all conditions set forth in Section 3. The Buyer shall designate the specific Closing date in writing to Seller at least ten (10) business days in advance thereof(the "Closing Date"). However, such Closing shall occur no later than March 31. 2023, unless the City grants further extension periods. 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. (i) On the Closing Date.. Seller shall deliver or cause to be delivered to Buyer the following documents: (a) Its duly executed and acknowledged Special Warranty Deed conveying to Buyer the Property in accordance with the provisions of this Contract: (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 perfornied 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 the 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 (if any), stormwater utility fees, and solid waste fees shall be prorated,with Buyer being responsible for the date of Closing and 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; (III) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed; and (iv) any closing costs.. escrow fees. or settlement agent fees. G. Seller shall pay the Grantor's tax, if any. and the expenses of legal counsel for Seller, if any. 12 98_4 69 001'4215 .DOCX:3'; ovember 21. 2022 Draft H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date. subject to the provisions of this Contract. I. At Closing. Buyer shall deliver the Purchase Price to the Seller. SECTION 12. PERFOR11ANCE SECURITY FOR BENEFIT OF SELLER. A. As security for Buyer's compliance with the post-Closing terms and conditions of this Contract, including without limitation, completion of the stormwater facility improvements, Buyer shall deliver to Seller at the Closing, the Performance Security . The Performance Security provided shall be valid until (a) 5 years following Closing of the Property; or (b) development of the Property for residential and commercial development, whichever comes first. in accordance with the terms of this Contract. If the Performance Security is not renewed annually or is threatened to be canceled and Buyer does not provide a replacement Performance Security approved by Seller at least sixty(60)Days before any portion of the existing Performance Security is to be cancelled such event shall be a breach of this Contract and Seller shall be entitled to exercise Seller's rights to inuuediately call the Performance Security. B. Buyer shall provide to Seller a copy of Buyer's proposed Performance Security in a form to be approved by Seller. in Seller's sole discretion.. and in sufficient time to allow Seller to approve or disapprove such document at least ten(10)business days prior to the Closing Date. C. If Buyer (1) declares bankruptcy pursuant to any, chapter of the United States Bankruptcy Code (11 U.S.C. §§ 101 et seq.. or any such proceeding is filed against Buyer; (2) fails to complete the improvements to the storniwater facility as provided for in Section 2.B, Seller may exercise its rights on the Performance Security. no later than 15 days after Buyer's declaration or missed deadline to Buyer. The parties recognize that Seller will suffer damages if Buyer fails to comply with the post- Closing terms of this Contract. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages Seller will suffer if Buyer fails to comply with this Contract. Therefore. Buyer hereby agrees to provide the Performance Security as liquidated damages for loss and damages to Seller for Buyer's failure to comply with any of the terns of this Contract, but not as a penalty, and Seller shall have no other remedies against Buyer. The basis of the amount of the Performance Security is the approximate value of the City's planned improvements to the stormwater facility. Buyer further waives any defense as to the validity of any liquidated damages stated in this Section on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages Seller may be entitled to recon er. SECTION 13. 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 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 13 1982469 00174255.DOCX.3 If November 21. 2022 Draft 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 deemed terminated and of no fiirther force and effect. If no such election is made by the 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 Closing Date, Seller shall credit, 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, or conveyance in lieu thereof. SECTION 14. 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 the Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. If the Property is substantially damaged or destroyed before Closing by such casualty, then Buyer may cancel this Contract by giving Seller thirty (30) Days' written notice of such cancellation and neither party NV have any further obligations to the other and Seller shall not be liable to the Buyer for any failure to deliver the Property to Buyer. SECTION 15. DEFAULT. If Buyer defaults hereunder, Seller shall have all remedies available to it at law or in equity. including, without limitation, the right to terminate this Contract and recover from Buyer all costs and expenses incurred by Seller in connection with Seller's negotiation. administration, and performance under the Contract, which amounts Buyer will pay to Seller within thirty (30) days after written demand from Seller accompanied by reasonable evidence of such costs and expenses. If Seller defaults hereunder. Buyer shall have all remedies available to it at law or in equity. including,without limitation, specific performance. SECTION 16. COQ MISSIONS. Seller and Buyer each warrants and represents to the other that no person or entity can properly claim a right to a conmussion, 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. Buyer agrees to indemnify Seller against and to hold it harmless from anv claim, loss, cost,or expense, including,without limitation, attorneys' fees,resulting from any claim for a commission.finder's fee,or other compensation by any person or entity based upon such contacts or understandings. 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): 14 {9824 69 001?425r.DOCX.3} November 21, 2022 Draft If to Seller: City of Roanoke, Virginia ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue. SSV Roanoke. Virginia 24011 Fax No. 540-853-2333 With a Copy to: Assistant City Manager for Community Development City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke. VA 24011 Fax No. 540-853-2333 If to Buyer: TPB Enterprises, LLC. 103 Edgeway Drive. Suite H Lynchburg, VA 24502 With a copy to: C. Cooper Y ouell, IV 2 8A Kirk Avenue, SW Roanoke, VA 24011 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mall. or the day after delivery to a nationally recognized overnight courier. SECTION 18. TIME. Time is of the essence in the parties' respective obligations under 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 assigns. SECTION 20 COUNTERPART COPIES,DELIVERY. This Contract may be executed in two 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 signatory to the same counterpart. Delivery of this Contract by electronic means shall constitute personal delivery,and signed electronic copies of this Contract shall be admissible as signed originals. SECTION 21. CONSTRUCTION. 15 ,9824 69 0017425=.DOCX;3) November 21. 2022 Draft The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rile 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 terrrrs of this Contract.. which shall continue in Rill 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. The provisions of Sections 3.E(ii) and 3.E(iii) (indemnity and repair obligations). and Section 7 (Indemnity) 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. Such cooperation shall not include the obligation of any party to incur expense to accomplish tasks assigned to the other party, hereunder. 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 parry'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 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 terns or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the nondefaulting 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 the City does not discriminate against faith-based organizations. SECTION 27. CONFLICT BETWEEN PLANS AND CONTRACT TERNIS. 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 such plans are in conflict with the terms of this Contract. the parties 16 ,9824 69 00174_5'S.DOCx;3 November 21. 2022 Draft agree that the terms of this Contract shall control.unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 28.NONDISCRIMINATION. During the performance of this Contract and only with respect to work performed in connection with this Contract and the Property. Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity. national origin, age. disability. or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Buyer. 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 law, tale or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in evety subcontract or purchase order of over S 10,000, so that the provisions will be binding upon each subcontractor or vendor. This obligation terminates at Closing. SECTION 29. DRUG-FREE WORKPLACE. During the performance of this Contract and only with respect to work performed in connection with this Contract and the Property, Buyer agrees to (i) provide a drug-free workplace for Buyer's employees: (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession. or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition: (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drag-free workplace: and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over S 10.000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section. "drug-free workplace"means a site for the performance of work done in connection with a specific contract awarded to a contractor,the employees of whom are prohibited from engaging in the unlaxvfiul manufacture, sale. distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. This obligation terminates at Closing. 17 ,9834 69 001742=5.DoCX;3} November 21. 2022 Draft SECTION 30. COMPLLANCE WITH STATE LA`N• FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE CONIIIONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of Virginia Code Section 2.2-4311.2,as amended,which provides that a contractor organized as a stock or nonstock corporation. limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buver shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the teen of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 31. APPROPRIATION OF FL"NDS. All obligations for fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such holding is not approved, withdrawn, or othervise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract. Seller shall provide Buyer with written notice of such unavailability of funding. SECTION 32. FORCE NAAJEURE. Neither panty shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control. including any act of God, any acts of common enemy. the elements, earthquakes, floods. fires. epidemics, riots, strikes.. failures or delay in transportation or conununication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however. that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes Nvhich in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no farther delays or claims of any type shall be claimed by such party as being subject to force majeure and:'or being an excusable delay. SECTION 33. ENTIRE CONTRACT. 18 ,984 69 001742S5DOCX3} November 21, 2022 Draft 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. (SIGNATURE PAGE TO FOLLOW) 19 i98_4 69 00174'55.DOCY;3; November 21. 2022 Draft IN `'FITNESS WHEREOF. Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE. VIRGINIA By Robert S. Cowell. Jr.. City Manager COMMONTWEALTH OF VIRGINIA CITY OF ROANTOKE, to-wit: The foregoing instrument was acknowledged before ire this_day of . 2022. by Robert S. Cowell, Jr., City Manager for the City of Roanoke. Virginia for and on behalf of said Municipal Corporation. My commission expires: Notaiv Public SEAL T.P.B. EN TTERPRISES, LLC By Manager To-Wit: The foregoing instrument was acknowledged before me this,day of , 2022, by Aaron Brady, Manager of T.P.B. Enterprises, LLC, a Virginia limited liability company for and on behalf of such entity. My commission expires: Notary Public SEAL 20 ,9624 69 00174255_DOCX:3} November 21. 2022 Draft Approved as to Form: Approved as to Execution: CiOy Attomey City Attorney Authorized by Ordinance No. 21 {9824 69 00174_55.DOCX;3; November 21. 2022 Draft EXHIBIT 1 Property Plat EXHIBIT 2 Letter of Credit ,Y) (9S24 69 001'4255DOC`Y_3; PECEIVED 2 ? 2922 Q The Roanoke Times Account Number y..0 `�' 0Roanoke,Virginia 6017304 Affidavit of Publication Date CITY OF ROANOKE COMMUNITY December 16,2022 DEVELOPEMENT Attn OFFICE OF CITY MANAGER 215 CHURCH AVE SW,ROOM 364 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 11/23/2022 Legal Notices NOTICE OF PUBLIC HEARING 2 x 5.50 IN 920.70 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 NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 11/1412022 The First insertion being given ... 11/14/2022 Newspaper reference: 0001380674 Billing Representative Sworn to and subscribed before me this 16th Day of December 2022 Notary Pu�rfi�N State of Virginia 'ZP: NOTARYco pUBLIG County of Hanover _ pEG.#32W9 _ My Commission expires _ n MYM�SStON Z 1. = July 31,2025. "Q7,? 0'•• aea,��a �sa THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. Th4ANK YOU NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2.1800.6 and 15.2.1813,Code of Vir- ginia(1950),as amended,notice is hereby given that the Council of the City of Roanoke will hold a public hearing on November 21,2022,at 7:00 p.m.,or as soon thereafter as the matter may be heard,in the Council Chamber,4th Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virgin- ia,24011,to receive public comments on the proposed sale of approximately 6.2344 acres of land being 0 Daleton Road,N.E.,Official Tax Map No.7130123.TPB Enterprises,LLC,proposes to buy the property for$251,000,less the cost of the agreed-upon improvements,to improve,operate and maintain a stormwater de- tention basin on the property,to be part of multifamily housing and mixed use de- velopment. All persons wishing to address City Council must sign-up with the City Clerk's Of- fice by emailing clerk@roanokeva.gov or calling(540)853.2541 by 12:00 noon,on Monday,November 21,2022. The full text of the proposed contract and ordinance is available on and after No- vember 14,2022,from the Office of the City Clerk,4th Floor,Room 456,Noel C. Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,24011;by telephone,at(540)853-2541,or by email at clerk@roanokeva.gov. For further in- formation on the matter,you may contact the Office of the City Clerk at(540)853- 2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540)853-2541,before 12:00 noon on Thursday,November 17,2022. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas p6blicas,previa solicitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelacion por llamar(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma,inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. ??????????????????????????????????????????????????????????????? ????????????? ???????????????????????????????????????????24???? ??????????????????????????853-1283(540)??????????????????. Given under my hand this 14th day of November 2022. Cecelia F.McCoy,City Clerk 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 November 21, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to receive public comments on the proposed sale of approximately 6.2344 acres of land being 0 Daleton Road,N.E., Official Tax Map No. 7130123. TPB Enterprises, LLC, proposes to buy the property for$251,000, less the cost of the agreed-upon improvements , to improve, operate and maintain a stormwater detention basin on the property, to be part of multifamily housing and mixed use development. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on Monday,November 21, 2022. The full text of the proposed contract and ordinance is available on and after November 14, 2022, from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011; by telephone, at (540) 853-2541, or by email at clerk a roanokeva.gov. For further information on the matter, you may contact the Office of the City Clerk at (540) 853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday,November 17, 2022. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretaci6n sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelaci6n por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimam, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 85(3-1283. �¢ yp ` u:.�.l ems_,,al i.�^ �Sl .]J11S yA_jt1&l ,� J�'J -,.: A 111 JS....�J �J W:1�aAl� V1,..1 11+x;1�.,.�`1�.J J, (540) 853-1283 J�, 24 Given under my hand this 14th day of November 2022. Cecelia F. McCoy, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday,November 14, 2022. Please send bill to: Please send affidavit of publication to: Brent Robertson, Assistant City Manager Cecelia F. McCoy, City Clerk For Community Development 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Roanoke, Virginia, 24011 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 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2022 Jamil Srour, President Jamilco, Inc. 705 Marshall Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Srour: Your Petition of Appeal in connection with the decision of the Architectural Review Board at its meeting on September 8, 2022, to deny the issuance of your Certificate of Appropriateness No. COAB22 at 705 Marshall Avenue, S. W. The Board found that your request to replace the front porch roof was not consistent with the H-2 Architectural Design Guidelines. Based upon the evidence (testimony and documents) presented to this Council at its November 21 meeting, the decision of the Architectural Review Board be affirmed and that no Certificate of Appropriateness be issued to replace a roof on the front porch of the home located at 705 Marshall Avenue, S. W., as set forth in the Application for Certificate of Appropriateness on the ground that the proposed installation and location are not architecturally compatible with the structures or historic landmarks in the H-2 District. Sincerely, C Cecelia F. McCoy, CMC City Clerk c: Robert S. Cowell, Jr. City Manager Timothy R. Spencer, City Attorney Bill Mason, Chair, Architectural Review Board Jillian Papa Moore, Acting Director of Planning, Building and Development Parviz Moosavi, Historic Preservation Planner Tina Carr, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF } PETITION FOR APPEAL 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): Jamil S ro ur 2. Doing business as(if applicable): J am it c o Inc 3. Street address of property which is the subject of this appeal: 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(les)which is the subject of this appeal: 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 09/08/2022 6. 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): 36.2-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Replacing; the roof of front porcti 8. Grounds for appeal: Vic-,hni ise right across e street has asphalt shingle roof overt e porch. I he hnime 639 .xhich is also right down to our house«as metid and was approved bx A R R to change to shingles as I was told b-,- Mr. Moosavi . 9. Name,title, address and telephone number of person(s)who will represent the Petitioners)before City Council: .Tamil Srour,.President Jamilco INC- 540-467-682 CODE OF THE CITY of ROMOKE(1979) Sac.36.2-530.•Certificates of appropriateness. (4)Any property owner aggrieved by any decision of the Architectural Review Board may present to the Qty Council a petition appealing such decision,provided such petition is filed within thirty(30)calendar days after the decision is rendered by the board.The qty Council shall schedule the matter for a public meeting and render a decision on the matter within sbdy(60)calendar days of the receipt of the petition,unless the property owner and the Agent to the Architectural Review Board agree to an extension.The City Council may affirm the decision of the Board,reverse or modify the Board's decision, In whole or in part,or refer the matter back to the Board. (5)Upon approval by the Architectural Review Board,or the City Council on appeal,of any erection, reconstruction,alteration,restoration,or demolition,a Certificate of Appropriateness shall be made available to the applicant. (6)in the event City Council denies an appeal of a decision of the Architectural Review Board,the applicant may file an appeal in Circuit Court pursuant to subsection(d),below. (d)Appeals from City Council decision.Any property owner aggrieved by any final decision of the City Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition setting forth the alleged illegality of the action of the City Council,provided such petition Is filed within thirty(30)calendar days after the final decision is rendered by the City Council.The filing of such petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court,except that the filing of such petition shall not stay any action pursuant to the decision of the City Council if such decision denies the right to demolish a structure or historic landmark.The court may reverse or modify the decision of City Council,in whole or in part,if it finds upon review that the decision of the City Council is contrary to law or that its decision Is arbitrary and constitutes an abuse of discretion,or the court may affirm the decision of the qty Council. WHEREFORE,your Petitioner(s)requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Approprliftness be granted. Signature of Owner(s) Signature of Petitioner(s)or (If not Petitioner): repress tive( ),where appli Name: Na;r (print or type) i nt or type - Name: Name: �1 Gcc�.c� �(� �_ (print or type} (pont or type) TO BE COMPD BY CITY CLERK: Received by: Date: "I t ro r i N, f L x• - . r ai i 702 Marshall Ave r 4 Cross the street _ from 705 j 4LI 5h ipgle_ Roof' ro or _ � x E 3 716 Marshall Ave SW R Roanoke,Virginia Google Street View-Jur)2019 n " T +. L �v 1� r.� � � � a�sr ;+ ,r "�+-.. :{J 1111 • (� ra y -. .. it R'� t Z v � I Z=F �— _ 638 ,Nl tA" Map Baicklo _-- s Tit _ f ` Y) • R Y Y!/ a r t Y■i Y r r e Y Y ) ► It t i+ Rr)Y r� Yr.mY Y , i iyy ii/► l .r ems tr f\)Yrer rY r YY ea eYtYe )ri_.e js rrii fY.m se Yi ■�►iirf l+ i, iiiit r\) .m Y YYYY r\ r mt \r YrY �Y t � jj�r r t r i r r Y Y ♦ :i f f\)f e:r e • •Y r)i +f t .!r m 4 r t ..f( e r.•r f) R,\ �� f�i��r)YYrf rRr ! rf i• mf YirYf f Y� r1+ \ ie��i►i .i�i � -`�arlYei.rY.r srmi►lfm.� e.�.. Yiir;�), •,�m� �r�i,<+-r ,� ,�� P <t'# Jamil Srour,MBA Director of Institutional Relations Global Education Services 626 Grant Street Suite L Herndon, Virginia 20170 540-467-6823 Whatsapp 011-5404676823 Skype Jamil.srour123 "Success is the Easiest when we work the Hardest, and its the Hardest when we work the Easiest" Jim Rohn On Nov 15, 2022, at 12:50 PM, Cecelia Webb <Cecelia.WebbgRoanokeVa.gov> wrote: Mr. Srour, Hope you are doing well. Just a reminder that your item with the ARB is on the City Council agenda for November 21, at 7:00 p.m. 5 702 'Marshall Ave Cross the strect fro 111 7 05 Mali f n x s . e ✓ r-,..,,w..... f :. q � M � b .w ✓1� A , r.✓r MMI�I� F y , k u s ��d CI'KIYIihY� d er `~ R CITY COUNCIL AGENDA REPORT �GINZ� To: Honorable Mayor and Members of City Council Meeting: November 21 , 2022 Subject: Appeal of the decision of the Architectural Review Board to deny a Certificate of Appropriateness No. COAB22-0035 at 705 Marshall Avenue SW Background: IThe H-2 Historic Neighborhood District provides that ordinary maintenance or in-kind replacement with the same materials, proportions, and design does not require a Certificate of Appropriateness. In such cases, the Architectural Review Board Agent authorizes such work by having the owner or contractor complete a simple "In-Kind Replacement/Repair Form." The owner or contractor provides a statement of the work to be performed and is released to proceed (and get a building permit if necessary). Any work that constitutes a change in materials, proportion, and design of a structure or property within the H-2 Overlay requires a Certificate of Appropriateness (COA), issued by either the ARB Agent or the Architectural Review Board (ARB). In approximately late February, 2022, the historic standing seam roof (hand- crimped metal) on the front porch was removed and replaced with a different, non-historic material (asphalt shingles) without a Certificate of Appropriateness. A change in historic roof material to a non-historic roof material requires a Certificate of Appropriateness to be reviewed and approved by the ARB (Exhibit A - Picture of Subject Property with Historic Standing Seam Metal Porch Roof). On March 24, 2022, Mr. Jamil Srour, the property owner's representative, submitted an application for general repairs including replacement of the front porch roof material (historic standing seam metal roof) "in-kind" (Exhibit B - COA Application for 705 Marshall Avenue SW). On March 25, 2022, the ARB Agent met with Mr. Jamil Srour on-site and explained the COA process and that the asphalt shingles, as a replacement material, are inconsistent with the H-2 Design Guidelines. The ARB Agent provided Mr. Srour with specific guidance and a visual example (existing historic metal porch roof at 710 Marshall Avenue SW) to replicate in order to City Council Agenda Report 705 Marshall Avenue SW November 21 , 2022 comply with the H-2 Design Guidelines (Exhibit C - Historic Standing Seam Metal Porch Roof Example). The aforementioned COA application was administratively approved on March 28, 2022, by staff, with the understanding that the asphalt shingles would be replaced with an appropriate, standing seam metal roof material as directed by staff on site. However, the applicant installed an agricultural style, 5V Crimp metal roof with exposed fasteners that is inconsistent with the H-2 Design Guidelines and does not qualify as an "in-kind" replacement material. The ARB Agent relayed to the applicant that the 5V Crimp metal porch roof with exposed fasteners, as a replacement material to historic standing seam metal, is inconsistent with the H-2 Design Guidelines (Exhibit D - Inappropriate 5V Crimp Roof Material vs. Historic Standing Seam and Acceptable New Standing Seam). In response, Mr. Srour decided to seek a COA application to retain the 5V Crimp metal roof installed on front porch (Exhibit E - COA Application). On September 8, 2022, the ARB considered the staff report (Exhibit F) and the testimony of the property owner in review of the proposed COA application. The ARB determined that the request to install the 5V Crimp, agricultural style metal roof with exposed fasteners was inconsistent with the H-2 Guidelines. Mr. Srour was notified in writing of the COA denial and his right to appeal the ARB's decision to the City Council (Exhibit G - ARB Decision Letter). On September 23, 2022 Mr. Srour filed an appeal of the ARB's decision with the City Clerk (Exhibit H - Copy of the applicant's appeal petition). Considerations: City Council established the ARB with the stated purpose of protecting designated historic properties against destruction or architecturally incompatible alterations to buildings and structures. The ARB's review criteria are based on the standards set forth in the Zoning Ordinance, and, where applicable, its adopted Architectural Design Guidelines (Guidelines). The Guidelines adhere to the Secretary of Interior's Standards for Rehabilitation, which are federal criteria for appropriate treatment of historic buildings. Staff and the ARB cited these specific sections: "Avoid replacing roof with a substitute material that does not convey the same visual appearance of the historic roof. Replacing a standing seam 2 City Council Agenda Report 705 Marshall Avenue SW November 21 , 2022 metal roof with asphalt shingles, for example, dramatically alters the building appearance. If replacement is not technically feasible, the substitute material should convey the same visual appearance of the original roof as much as possible." "Use substitute materials or replacement parts that retain the visual appearance of the original roof that are physically and chemically compatible. Substitute materials should match the original in scale, pattern, texture, and color." Certificate of Appropriateness applications are reviewed by the ARB in accordance with the applicable guidelines in its decision to issue or deny a Certificate of Appropriateness. The 5V Crimp style metal roof does not convey the same appearance of the historic standing seam metal porch roof. Specifically, the 5V Crimp metal does not convey the same appearance as an historic standing seam metal roof, the profile of the crimp pattern and exposed fasteners at the seams dramatically alter the historic structure's appearance. There are suitable replacement standing seam products (panel systems with concealed fasteners) that better replicate the profile and design of an historic, hand-crimped, standing seam metal roof, and therefore, comply with the H-2 Guidelines. The ARB members and staff encouraged the applicant to consider replacing the inappropriate 5V Crimp metal roof with an appropriate standing seam metal roof to comply with the guidelines cited above. We feel that the ARB and ARB Agent exhausted every potential avenue to guide the applicant without compromising our mission to apply the Design Guidelines consistently and objectively. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness to replace the historic, standing seam metal roof with a 5V Crimp metal roof with exposed fasteners. 8�t A Bill Mason, Chair f�� Architectural Review Board Enclosures: Exhibit A through Exhibit H 3 City Council Agenda Report 705 Marshall Avenue SW November 21 , 2022 c: Robert S. Cowell, Jr., City Manager Clarence Grier, Deputy City Manager Brent Robertson, Assistant City Manager Chris Chittum, Assistant City Manager Gillian Papa Moore, Acting Director of Planning, Building & Development Phillip Moore, Zoning Administrator Parviz Moosavi, Historic Preservation Planner Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Mr. Jamil Srour, Property owner's Representative 4 ilk no Historic crimped metal roof on front porch prior to being removed EXHIBIT d 'y .O S ate. '5t H-2 Historic Neighborhood overlay District Application for Certificate of Appropriateness Wye of AAp®cmxy [03/241)11:11 srteAddress oS MarshattAve Raonol ;A24016 Property Owner. Name amt 5rcwr Address 16611 H dden Woods drive ___ - C4 Fo NLnW �— 5404476823 jarndr A)A,tgrrulLcom 0Wrtee$Retxesertalve 1i#awbcable) Name Address Coq: 1 E- � ►iia e, Numtaer r App"ion ptepaled By ami{Smut cirmaj use: r sirgie-Earr* r Two-Fa-.1,.;a;),!xr I&ttalv'y r Tow-,,-o se r Commarczai if Commmoal.O use: BDOU—Ta r RW r Porch r w«r $ar4OaorS r New Construclon r SVS F Was and fenm r Pe rwq mid Pavrg r- DemoiAon r Othat 'PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. -;*.~nd ttat al appk8bM tagLftQ revue+by fie ARB must be complete anb must be ,c,,.;tit; ; ,, ,r ' .of*Aa YsideraW*0 be debff d to he toi 9 rneetng I agt8@ b cOaslQy with t� aaryd s �, r , 3 -,<�ateand al othw aMkc.:,,,city reWions and top ur9A this pgwt in strict conbrmancewith the pis apprNed by j*ARB. i understand, no Chat"are perm4W witoit prior approval by the City Signage of Property Owner ,* !+":>t , Date 312912072 Seclon Be ioA ! be Co"Ood by Stat Approv�.erNrcaie Number l..Q t-i/1 L 2-0 0 3 7 �By r—ARB Dz Agerri Tax PwcO"ber F 1120319 r Zoning Permit (— BZAIPIanr4ngComm4ssian BudclingPermit (— Ofef,�,_, -__-- -- ease zor�n�o�lrt � RM-1/1-1-2 Agent AtchitWurw%0"130a! - ore arch 28, 2022 EXHIBIT d D H-2. Historic Neighborhood Overlay District Detailed Project Description S4eAddress Flt s—marstt�ll Ave proporly 0rrrher amllto Inc 1 - Replace damaged tin roof on tot%porch with in-kind fascia to mate existing including crown moldngs Install a wooden column between the two brick columns on front porch ood column to have a base and a cap"srnhwtar to the 004umns on tion I porch at 710 Marshall Ave SW Replace non-histDx►c ton door mth a new soW wood halt glass door Replace damaged bead board cerang on fron porch woM in-kind Remove vinyl siding on tont porch under the soffit and Install wood ®a chs -Replete damaged wood window so on upper level front window - Install glass in the attic window on front fagade Replace damaged vinyl siding on the rear first level tame. Repaer damaged shingle root over the rear one story secbon in-kind 10-Genefal repars including soff0assoa. stucco ettlerar walls, etc t P�ojea 1 3 bddlicnal rr0offnalein to the submiled; (Z Phc hs F Sde Plan F ElevalKxl0ramir9s F_ Sample,mato h,or Catalog P,dures of Propmed fUerral r- 0tf » . 3 � / CY) IN 3 m G m & / �» ° ~ � « o k�SNLL4� 705 Marshall Avenue, S.W. ,. y { w f e ., y i sr f � � i F. 6p P t .� r �, � ,� � , .' � tg; k4 r� �k l ,, .,� 'gam. �, "� �} q �� .��� a . :` '' ti$, � � � . ., ,, - , -� .� �, ,.�. . _ ova. �� �. � °� ., t ., � �F. It _w , � ,.. �� t^ �.. .��... �� i "�^ .. z � ,. ,� `� ,. � �� :. «.. y E, +� � `�i`� �6 a �: 4 ! � ' � '`tom +` y. j I. �* `[{ t _ -0� # �� <� ��Y'�T�1t�F� ,'� � t `� � �,,, :t I 1 � ��yyyypp�� t .k „P �.i_ �k 5:. �" }+�, 1 +..� �a sj� _ + .t _-� 3- .._. w ,�..� �. ,�, _, ---�,. r, _,: � � ..... ,, � �x, fi: ,,. i t � �' «<' ids ,', 4 d .+� s ( 5 .. �� r:. ...s .r � � a t l 4 �� �, f� \' ��\ \hI F.. �* i i r i 8 z" ,� d d �( +" ��i � +. �� ``\\ ' ' &4i '*Yrw �: � � _..,...� p __ :.:`� '.- '� �' ��. y. �,:� � � �. �' _r r. Historic standing seam metal roof of the front porch on 710 Marshall Avenue SW EXHIBIT d „ f / � Fy f d. \\ Tp On March 25, 2022, staff met with the applicant on-site and advised him to submit a COA application to install appropriate standing seam metal roof similar to the standing seam metal roof at 710 Marshall Avenue SW. However,the applicant installed a 5V Crimp metal roof,which does not convey the historic appearance.The installed 5V Crimp metal roof is inconsistent with the H-2 Design Guidelines. 4 Historic standing seam roof on front porch was removed without obtaining an approved COA/permit EXHIBIT a a Profile of 5V Crimp metal roof, including exposed fasteners installed by the applicant Example of acceptable standing seam metal roof recently installed in the Old Southwest Neighborhood H-2, Historic Neighborhood Overlay District Application for Certificate of Appropriateness Date of Application 8/10/2022 Site Address 05 Marshal Ave , Roanoke VA 24016 Property Owner: Name: amilco Inc/Jamil Srour Address: 221 Tazewell Ave City: lRoanoke State: irginia Zip Code: 4013 Phone Number: 5404676823 E-Mail:jamil.mba@gmail.com Owner's Representative (if applicable): Name: Address: City: State: Zip Code: Phone Number: E-Mail: Application Prepared By: amil Srour Current Use: F Single-Family r Two-Family(Duplex) F- Multifamily F- Townhouse F Commercial If Commercial Describe Use: Pro'ect Type: X Roof F Porch r Windows and Doors r New Construction r Signs F Walls and Fences F- Parking and Paving r Demolition F- Other: *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines;otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signature of Property Owner:F—/ , Date: 9/10/2022 t4� Section Below to be Completed by Staff Certificate Number: Approval By: r'ARB r Agent Other approvals needed: Tax Parcel Number: r Zoning Permit I— BZA/Planning Commission Base Zoning District: Building Permit r Other Agent, Architectural Review Board: Date: EXHIBIT H-2, Historic Neighborhood Overlay District Detailed Project Description Site Address: 05 Marshal Ave Roanoke VA 24016 Property Owner: amilco Inc/Jamil Srour 1 - Replace damaged tin roof on front porch with in-kind. The roof was so badly rusted and leaking which made damage for the whole porch. I without a prior nowledge about the historic district regulations replaced the porch metal by a shingles kind of roof. By the nd of completing the shingles roof, inspector Moosavi brought it to my attention, and I was told that I must eplace the metal roof by in kind metal roof, I was disappointed and as the cost of material and labor was igh, however I did meet with the inspector and I followed the process to replace the shingle roof with metal oof. Now I have a metal roof installed , but now I was told that this kind of metal roof is not the right one. Project Description: Additional information to be submitted: F Photographs r Site Plan r Elevation Drawings F— Sample, Photograph, or Catalog Pictures of Proposed Material F Other: PLANNING BUILDING AND DEVELOPMENT AGENDA ITEM IV. C. Noel C. Taylor Municipal Building 215 Church Avenue SW, Room 166 Roanoke, Virginia 24011 540.853.1730 ROAN O K E planning(a.roanokeva.gov September 8, 2022 Mr. Bill Mason, Chair, and Members of the Architectural Review Board Dear Members of the Board: Subject: 705 Marshall Ave., S.W. (Tax Map No. 1 1 1 3218) Request from Jamilco Inc., represented byJamil Srour, to place the front porch historic crimped metal roof with a snap lock standing seam metal roof. The subject site is an interior lot consisting of a 2 %Z -story American Foursquare style, single-family residence, constructed in 1915, located within the Historic Neighborhood Overlay District (H-2). All exterior building alterations including front porch roof replacement is subject to review/approval of the Architectural Review Board prior to initiation of a building permit at the City Permit Center. Background: The principal building features a brick foundation wall, wood clapboard siding, wood trims, one-over-one pane wood windows, a shingled hipped roof with two dormers, two brick chimneys and a skylight on the west side. The one story front porch features wood lattice work over the crawl space, wooden steps and handrails leading up to a tongue & groove decking, four round tapered wooden columns with Corinthian capitals supporting a hipped tin metal roof. The applicant is requesting ARB approval for the following: 1 - Retain the new snap lock standing seam metal roof already installed on the front porch. In late February, 2022, the property owner had the front porch crimped metal rood removed and replaced with architectural shingles without a COA review and approval or a proper building permit. Staff met with the applicant on-site in March and clearly explained the issues and pointed out the existing crimped metal roofs across the street, as examples that should've been followed. The applicant was also provided with an in-kind COA application for replacing the architectural shingles roof on the front porch with new crimped metal roof. However, in a routine inspection, staff noticed that a snap lock standing seam metal roof was installed on the front porch. Staff contacted the applicant and explained the issue. Staff met with the applicant on-site and advised him of the wrong roofing material installed. The applicant insisted to present to the ARB. EXHIBIT d a 9 Architectural Review Board Agenda Report Page 2 of 5 705 Marshall Avenue SW September 8, 2022 Findings: Basic Design Principles • Maintain original materials and features that characterize a building and make it unique. Architectural materials and features are considered significant if they: are original, reflect a particular architectural style, are examples of quality craftsmanship or design, or reflect changes associated with a major event in the history of the building. In general, maintenance is the key to preserving the historic fabric of the structures, and the lack of such effort could lead to deterioration of the original building material and character. The applicant has installed a snap lock standing seam metal roof on front porch, and requesting to retain the metal roof already installed. Visibility from the Street • In the H-2 District, staff or the ARB reviews any changes proposed to the exterior of a building that are visible from the public right❑of❑way, including alleyways. Modifications to rear facades in the H-2 District also require review when owners propose changes that will impact the building's `skin', particularly changes to siding, windows and doors. The front porch roof is highly visible from Marshall Avenue, S.W. Roofs Architectural styles are often identified by the form and materials of the roof, which is an important design feature. Poor roof maintenance contributes to the rapid deterioration of historic building materials including masonry, exterior siding, and paint and may result in hidden structural damage. IMPORTANT CONSIDERATIONS... • The shape and materials of a roof are important in expressing a building's style; roof features and details help to express its individual character. A well-maintained roof and gutter system will help prevent the deterioration of other parts of a building. Changing, removing, or adding materials or features to a roof can often alter or destroy a building's character. Architectural Review Board Agenda Report Page 3 of 5 705 Marshall Avenue SW September 8, 2022 The proposal includes retaining the already installed snap lock metal roof on the front porch. The snap lock roof installed does not maintain the shape of the historic building character. Staff Comments: The applicant has installed a snap lock standing seam metal roof on the front porch, and requesting to retain the already installed metal roof. The snap lock standing seam metal roof is inconsistent with the H-2 Design Guidelines and staff recommends denial of the proposed COA application. it 1, Parviz Moosavi, ARB Agent 4 AkA LO r � MARSHALL-AVE Architectural Review Board Agenda Report Page 4 of 5 705 Marshall Avenue SW September 8, 2022 y wl Q) tt t i.J V) i-� r Marshall venue SouthWe.st Historic crimped metal roof on the front porch recently replaced without an approved COA , lit a Fc<' Historic crimped metal roof on front porch was replaced with 3-tab shingles without an approved COA Architectural Review Board Agenda Report Page 5 of 5 705 Marshall Avenue SW September 8, 2022 R io 777 �7 f t e s t .4 8�$ n 3. F .5r ' t i' The Historic crimped metal roof is replaced with snap lock standing seam metal roof. CODE OF THE CITy OF ROANOKE(1979) Sec.36.2-530.-Certificates of appropriateness. (4)Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision,provided such petition is filed within thirty(30)calendar days after the decision is rendered by the Board.The City Council shall schedule the matter for a public meeting and render a decision on the matter within sixty(60)calendar days of the receipt of the petition,unless the property owner and the Agent to the Architectural Review Board agree to an extension.The City Council may affirm the decision of the Board,reverse or modify the Board's decision, In whole or in part,or refer the matter back to the Board. (5)Upon approval by the Architectural Review Board,or the City Council on appeal,of any erection, reconstruction,alteration,restoration,or demolition,a Certificate of Appropriateness shall be made available to the applicant. (6)In the event City Council denies an appeal of a decision of the Architectural Review Board,the applicant may file an appeal in Circuit Court pursuant to subsection(d),below. (d)Appeals from City Council decision.Any property owner aggrieved by any final decision of the City Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition setting forth the alleged illegality of the action of the City Council,provided such petition is filed within thirty(30)calendar days after the final decision is rendered by the City Council.The filing of such petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court,except that the filing of such petition shall not stay any action pursuant to the decision of the City Council if such decision denies the right to demolish a structure or historic landmark.The court may reverse or modify the decision of City Council,in whole or in part,if it finds upon review that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion,or the court may affirm the decision of the City Council. VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL 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): 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: 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: 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 6. 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): 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: 8. Grounds for appeal: 9. Name, title, address and telephone number of person(s)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 be granted. Signature of Owner(s) Signature of Petitioner(s)or (If not Petitioner): representative(s), where applicable: Name: Name: (print or type) (print or type) Name: Name: (print or type) (print or type) TO BE COMPLETED BY CITY CLERK: Received by: Date: OF CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853.2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk September 23, 2022 The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I am enclosing a copy of a Petition for Appeal filed by Jamil Srour, regarding a decision of the Architectural Review Board at its meeting on September 8, 2022, denying a request for the replacement of the roof on the front porch for property located at 705 Marshall Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was received in the City Clerk's Office on Friday, September 23, 2022. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to the Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting may be scheduled for Monday, November 21, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision with regard to the Petition for Appeal filed by Jamil Srour. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure EXHIBIT .r The Honorable Mayor Sherman P. Lea, Sr. and Members of Roanoke City Council September 23, 2022 Page 2 pc: Jamil Srour, President, Jamilco, Inc., 705 Marshall Avenue, S. W., Roanoke, Virginia 24016 Robert S. Cowell, Jr., City Manager Timothy R. Spencer, City Attorney Parviz Moosavi, Agent, Architectural Review Board Tina Carr, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(6)of the toning Ordinance of the Code of the City of Roanoke(1979), as amended. 1. Name of the Petitioner(s): Jamil Srour 2. Doing business as(if applicable): Jamilco Inc, 3. Street address of property which is the subject of this appeal: 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District)of property(les)which is the subject of this appeal: H2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 09/08'2022 6. 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): 36.2-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural R ew Board: Re lacin the roof of Tont or 8. Grounds for appeal: 5treet has asphalt shingle roof over the porc e hnn-, 639 %,,HQb is also right down to our house Nvas metal and«as approved b} RR to ChangQ,,rQyshingles as I «as told bN Mr. Moosavi . 9. Name, title, address and telephone number of person(s)who will represent the Petitioner(e)before City Council: Jamil, Srour.President Jamulco INC- 540-497-6823 II CODE OF THE CITY OF ROANOKE(1979) Sec-36.2-530.-Cerokates of appropriateness, (4)Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision,provided such petition is filed within thirty(30)calendar days after the decision is rendered by the board.The City Council shall schedule the matter for a public meeting and render a decision on the matter within sixty(60)calendar days of the receipt of the petition,unless the property owner and the Agent to the Architectural Review Board agree to an extension.The City Council may affirm the decision of the Board,reverse or modify the Board's decision, In whole or in part,or refer the matter back to the Board. (S)Upon approval by the Architectural Review Board,or the City Council on appeal,of any erection, reconstruction,alteration,restoration,or demolition,a Certificate of Appropriateness shall be made available to the applicant. (6)In the event City Council denies an appeal of a decision of the Architectural Review Board,the applicant may file an appeal in Circuit Court pursuant to subsection(d),below. (d)Appeols from City Council decision.Any property owner aggrieved by any final decision of the City Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition setting forth the alleged illegality of the action of the City Council,provided such petition Is filed within thirty(30)calendar days after the final decision Is rendered by the City Council.The filing of such petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court,except that the filing of such petition shall not stay any action pursuant to the decision of the City Council If such decision denies the right to demolish a structure or historic landmark.The court may reverse or modify the decision of City Council,In whole or in part,H It finds upon review that the decision of the City Council Is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion,or the court may affirm the decision of the City Council. I 3 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioners)or (If not Petitioner): rePrese1Ne( ), where appli Name: _ (Print or type) nt or type r Name: Name: Gtt�,t,c� ��� (print or type) (p nt or type) TO BE COMP D BY CITY CLERK: Received by: ��J Date: SANCHEZ-JONES City of Roanoke, Virginia CITY COUNCIL RECESSED SESSION (CITY COUNCIL STRATEGIC WORKSHOP) ROA N O K E November 29, 2022 8:30 AM Melrose Library - Community Room 2502 Melrose Avenue, N.W., Suite D AGENDA 1. CALL TO ORDER - ROLL CALL. Council Member Bestpitch was absent. 2. WELCOME AND INTRODUCTIONS. 3. STRATEGIC PLAN AND BUDGET. 4. TAKEAWAYS FROM STRATEGIC PLAN RETREAT. 5. OVERVIEW OF BUDGET PROCESS. 6. FY22 PERFORMANCE. 7. FY23 PERFORMANCE. 8. FY24 (AND BEYOND) CONSIDERATIONS: • Revenues • Expenditures • External Considerations 9. DISCUSSION AND DIRECTION: • Compensation • Debt Service/CIP • Partner Funding • Revenue 10. NEXT STEPS. 11. ADJOURNMENT. 4:15 P.M. City Council Budget Planning Retreat TUESDAY, NOVEMBER. 29, 2022 8 : 30 AM - 4:00 PM MELROSE LIBRARY AGENDA 12:30-2:30 — Discussion and Direction 2:30-2:45 — Break 2:45-4:00 — Discussion and Direction (continued) 4:00-4:30 — Next Steps 4:30 - Adjourn STRATEGIC PLAN AND BUDGET Stratggic Plan -Strategic Thinking - Delineation of a community vision and the strategies and actions necessary to progress toward that vision. The City of Roanoke is a safe, caring and economically vibrant community in which all have equitable opportunities to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. Strategic Areas of Importance Education Community Safety Plan Human Services Roanoke Infrastructure gig Good Government Livability R....ka,Virginia Strategic Plan eY+tir Economy 20204021 Council Strategic Values —� Equity Ii(]A N()k I Community Engagement & Inclusion Well-Being Creativity OVERVIEW OF FORM OF GOVERNMENT, PURPOSE OF MUNICIPAL BUDGETING AND ROLE OF COUNCIL Council-Manager form Dimensions of Governmental Process of government , MustratPvetasks for t!7us,+ratrve tasks for coeunerl administrators • Council with assistance from Deten-nne"purpose"scope ofAdaso:•,•.hat city"can' do may community defines vision �s,trlds anal,ze condition services, tax level. cons"onaf Mission influence what it"should do"is . and fxaaniir> • Council establishes priorities pass orchnances ap .es n,-,,. Make recommendations cq, ali projects and proyams ratit; Policy decisionrn s:ferulate t:uclget txidget ietwmine sennce clshitxlt alt • Manager proposes strategies, Make mioennentrnq decision. Establish p+actices and actions and budget 1a.g Sita sc4ectlort.handy ptoce<IGnes and make ciecisrorts cort,�laints. oversee Admin{Sftrafion'.. a dntinrsdr atitn frac irnplwnenting policy • Manager conducts day-to-day SUggest Mana gement changes Coritroi tate human,material, operations and service delivery to manager re.re:, and informational msmces of organizabonal performance, in Management otganzation to suppttt pohey rnartagee's aptxars+l and administrative kin gms Manager's Sphere PriUr"Ir1*0One 5r►gowv's the Gt1Vr'wn C�rltvMg9rr�1tl CgKrncil"s andth�p rrran'a�tk.r S�prrM4 S M aCavRy Tris dm9ld4 Pf•'A@nliAtl 3 fltendUd t!'1 rGU aUFYOrefiat4 a'crpper'd"1`00 0 seParaU-Nn and wmriN curce Tti*E6001%,#Local ovem~j manager Priority Based Budgeting with ResourceX LTI Program G Inventory What do you do? Program Program Costing Scoring 3 How much 2 Why are we does it cost? in business? 04001, Take Action and Utilize the Data What's next? 4 FY 22 YEAR- END Uses: Reserve for Encumbrances: $479,577 YTD Revenue: $327,665,755 Risk Management: $610,000 Capital Uses: Capital Project Contingency: $9,140,000 YTD Expense*: $311,365,240 Assigned Fund Balance: Payroll Accrual: $150,000 Unassigned Fund Balance: $41,753,492 or 13.00% (FY 22 Target: 12%) Excess Revenue: $16,300,5U. $4,794,381 contribution Stabilization Reserve: $11,560,149 or 3.60% (FY 23 Target: 2%) $1,126,557 contribution *YTD Expense before other Uses FY22 is currently unaudited UNASSIGNED FUND BALANCE Unassigned Fund Balance equal to 12% of General Fund expenditures. Funding provided by year-end revenue -To provide funding to address unforeseen, one-time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. -May not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. Council authorization required for use. -If used, must be restored within three (3) fiscal years. A plan for restoration will be submitted at the time of approved use. -,By Year-End FY 2022, target to minimally maintain was 12%. Target was reached at the end of FY STABILIZATION RESERVE Stabilization Reserve equal to 3% of General Fund expenditures. Funding provided by revenue in excess of budget, excess debt service as recommended by the City Manager and approved by City Council, interest earnings of the Capital Projects Fund and proceeds from the sale of surplus general government real property -To provide coverage for an economic downturn to smooth financial operations in the event of a recessionary decline in which revenues decline by more than 1.5% of the current year estimate, coverage for risk exposure due to self- insurance or unanticipated risk management expenses and investments related to Economic and Community Development projects. May not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. Council authorization required for use. If used, must be restored within three (3) fiscal years. A plan for restoration will be submitted at the time of approved use. -By Year-End FY 2022 target to reach was 2.0%• surpassed in FY 2020. Full 3% target surpassed in FY 2021. FY 23 CURRENT STATUS OVERVIEW Monthly reviews: Key local taxes and dashboard Expenses by department Salaries and fringes Key operating expenses FY 2023 Expenditure Monitoring Dashboard Key Measurements FY23 Budget FY23 YTD (pd 4) FY23 �DPercentage Expenditures Target Actual Above or Below Target Public Safety Overtime $1,123,225 $374,408 $1,489,032 +298% , Workers Comp $2,563,292 $854,431 $934,272 +9.3% Operation Costs $90,193,478 $30,064,493 $23,213,906 - 22.8% Total General Fund $331,423,569 $110,474,523 $102,962,611 - 6.8% CU rent Balance Balance 1 year ag Salary Lapse $2,821,096 $1,909,152 $1,567,221 (Turnover Savings) Operating Contingency $812,678 $810,300 $1,239,227 FY 24 (AND BEYOND ) CONSIDERATIONS Budget Priorities General Fund Revenues Loca I Taxes Non-Local Tax Revenue General Fund Expenses Compensation Pension Liability Debt Service/CIP External Influences FY24 EXPENDITURES Compensation Debt Service/CIP Fleet Partner Funding Pension Liability/Retirement Contribution Public Safety Overtime Refuse Fee Temporary Wages ($15 minimum per hour) Vacancy Savings Worker Compensation LUNCH COMPENSATION RETIREMENT 21.14 17.04 16.63 16.08 16.31 16.1 14.37 v ao ra c v u v a. 2018 2019 2020 2021 2022 2023 2024 a Employer Contribution Rate FY 2023-2027 CIP (Debt-funded portion) Project 2023 2024 2025 2026 2027 Total Morningside Elementary(expand instructional space and replace aging modulars), new school construction to replace Preston Park elementary(year 1) $12,750,000 $12,750,000 New school construction to replace Preston Park Elementary(year 2),Lincoln Terrace Elementary(HVAC,roof replacement),Patrick Henry(regrade practice field),Hurt Park Elementary(new playground) $12,855,000 12,855,000 New school construction to replace Preston Park Elementary(year 3) $5,000,000 5,000,000 Westside Elementary renovation or new construction(year 1),Roanoke Academy for Mathematics and Science Elementary(roof replacement),Highland Park Elementary (roof replacement),James Madison Mddle School(roof replacement) $5,000,000 5,000,000 Westside Elementary renovation or new construction(year 2) $5,000,000 5,000,000 Wasena Bridge -Phase 2 Construction 13,750,000 13,750,000 13th Street SW over NSRW-Construction 2,000,000 2,000,000 Melrose over Peters Creek-ME and Right of Way 1,250,000 1,250,000 Belmont Branch-Phase 2 Construction 300,000 1,700,000 2,000,000 Washington Park Pool 750,000 2,400,000 3,150,000 Richardson Wayland 500,000 500,000 River's Edge Phase II 1,500,000 1,500,000 Skate Park 1,000,000 1,000,000 Parks&Recreation -Capital Maintenance 1,200,000 1,200,000 Civic Center-Berglund Center Improvements(SPAT restroom remodel,conversion of parking lot lights to LED,and replacement of BPAT roof) 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 7,500,000 Stormwater Improvements-Awide range of work including initial projects to reduce flooding in downtown(1st Street and Salem Ave.,Jefferson/Shenandoah Tunnels), neighborhood drainage projects(Melrose Ave.crossing project,West End drainage projects),continued acquisition of flood prone properties and conversion back to flood plain(Peters Creek wetland),water quality/stream restorations(Garnand Branch, Peters Creek),and various flood mitigation and small construction projects. 4,000,000 3,000,000 3,000,000 3,000,000 3,000,000 16,000,000 CAPITAL PROJECT U Fire Facility Master Plan — Fire-EMS Station 7 On-going and progressing on schedule Continuing discussions with owner on the purchase of land for Fire Station 2 Library Master Plan Gainsboro Library Refresh/Renovation — 100% Complete Crystal Spring E-Branch — 100% Complete Belmont Library Renovation — Soliciting of design services completed GRTC — Valley Metro Transit Station Design and construction plan development —Complete Section 106 Historic Review and National Environmental Policy Act Environmental Assessment received Phase I is complete and Phase II is progressing as scheduled CAPITAL PROJECTS : I IMPACT Fiscal Year 2024 additional costs total $19,276,000. $13,176,000 is inflationary. According to Engineering News a local publication, construction costs have risen 30%. $5,600,000 for additional Fleet Management needs $2,500,000 for 3rd Street Transit Station soil contamination Anticipated Grant award for 13th Street SW over NSRW may reduce need by $2 million. Some projects may be scaled down rather than increase funding due to inflation impacts totaling $2.95 million. These include Berglund Center Improvements, Curb, Gutter and Sidewalks; Streetscape Improvements. Key Tax Rates and Fees Tax Fee Approximate Value of% Real Estate $1.22 per $100 .._ p assessed value $.01 = $836,000 Sales Tax 5.3% (4.3% State / 1.0% City and Schools) 0.1% _ $2,500,000 Personal Property Tax $3.45 per $100 assessed value $.01 = $80,000 Transient Occupancy 8% (3% VVBR / 3% City / 2% Schools) 1% = $500,000 Food and Beverage Tax 5.5 % (5.3% Sales tax is also added for a total 10.8%) 1% _ $3,060,000 Solid Waste Fees Residential: $9.10 per month / Multi-Family: $18.20 / 1% _ $35,000 Commercial: $13.60 / Elderly-Disabled: $5.00 Stormwater Fee $1.05 per 500 Scl Ft of impervious area, per month. $0.15/month = Automatically set to increase as follows: $1,000,000 FY24 $1.20/ FY25 $135 / FY26 $1.45 / FY27 $1.55 / FY28 $1.60 Motor Vehicle License Fee $28 under 10k lbs; $30 over 10k lbs $1 = $93,000 Admissions Tax 9.0% on events at Berglund Center; 1% Berglund=$40,000 5.5% on admissions at other venues 1% all other = $82,000 Cigarette Tax $0.54 per pack $.01 = 33,000 x.,ev FY 24 DISCUSSION AND DIRECTION ( continued ) Compensation Pension Liabilities Debt Service/CIP Partner Funding Revenue Other Funding Priorities of City Council Final Discussion & Adjournment City of Roanoke, VA 2022 Classification & Compensation Study y Final Report Gallagher Human Resources & Compensation Consulting Practice`*""� October Gallagher Insurance Risk Management Consulting CO.@)2022 ARTHUR J.GALLAGHER& Gallagher Tab I e of Contents Insurance I Risk Management Consulting Study Background Classification Study Compensation Study Recommended Salary Structure and Implementation Cost Recommendations Pay Practices and Benefits Summary '@2022 ARTHUR J.GALLAGHER&CO. I Gallagher HRCC.com y Study Background Gallagher Insurance I Risk Management Consulting The City of Roanoke (the City) partnered with Gallagher Benefit g Services, Inc. (Gallagher) to conduct a classification and compensation study. The primary objectives of the study were to: Ensure fair and equitable compensation relationships within the organization and alignment with the City's DEI initiative. Maintain pay equity compliance. Ensure competitiveness with the external market. Enable easy maintenance by the City staff post implementation. 02022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Insurance I Risk Management Consulting Classification Study 11............. ....... ....................... :i Classification Study Gallagher Insurance Risk Management I Consulting Position Description Questionnaires (PDQs) were utilized as the basis for the analysis of classification structure. PDQs were distributed to all City employees in the general workforce group. Employees completed individual or group PDQs to provide current job-related information. PDQs were reviewed by supervisors and department heads with opportunity to comment. —700 PDQ's were reviewed by Gallagher for classification and appropriate FLSA status. @2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Classification Study Insurance Risk Management Consulting f Gallagher provided recommendations for grouping of current position titles based on levels of responsibilities, and standard classification titles. Ensures greater consistency across the City. Simplifies the classification structure to ensure ease of administration. =: Combined classifications perform similar type of work within a job family. Re-titled classifications based on the recommended titling convention. 02022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com � Identify Job Family Identify Job Series within Identify Job Levels or Examples Job Family . . Classification Levels Titles i Administrative Support minis ra ive' uppor dmmistratNe Assistant II Accounting & Finance III mistrativ _ Specialist gttorney Administrative ARTIMMM IV 6 Data Collection Process Gallagher Insurance Risk Management Consulting Identified comparator municipalities 16 of the 21 organizations (76% of total list) participated in the survey. io was' #A a' Y� u y , w Cities Counties City of Salem* City of Danville* Chesterfield County* City of Lynchburg* City of Fredericksburg Roanoke County* City of Newport News* City of Blacksburg* Botetourt County* City of Richmond* City Harrisonburg* Montgomery County* City of Hampton* City of Greensboro Franklin County City of Norfolk City of Knoxville, TN* Henrico County* City of Portsmouth Other Organizations City of Suffolk* Western Virginia Regional Jail* ,. *Participating Organization ' ©2022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com Data Collection Process Gallagher Insurance I Risk Management I Consulting Piublished Survey Sources. Published survey sources included: Willis Towers Watson surveys Mercer surveys CompData surveys Economic Research Institute Gallagher followed standard WorldatWork* compensation guidelines for j , ob matching (match only those jobs that match at least 80% of the duties responsibilities, and functions as outlined in the benchmark job summary). "WorldatWork is a professional compensation association covering total rewards topics for public and private industries. Oc2022 ARTHUR J.GALLAGHER&Co. I GallagherHRCC.com Gallagher DataAnalysis Insurance Risk Management Consulting 4 Survey data was aged to a common effective date, September 1 , 2022, using the WorldatWork prevailing market trend of 5% per year for actual salaries, 4% for salary ranges. Survey was data adjusted geographically to reflect the "cost of labor" for City of Roanoke, z J VA area as calculated by the Economic Research Institute (ERI). "Cost of labor" refers to the difference in pay or labor market for a job from one location to another. The cost of labor is what a particular geographic market offers as the "going rate" or compensation for its jobs and reflects the local demand for and supply of labor. Gallagher applied statistical tools to identify and review any outliers. Data points which did not meet the job matching criteria or identified as statistical outliers f were excluded from the analysis. �9 @2022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com f Data Analysis Gallagher Insurance I Risk Management I Consulting Benchmark Compariso The collected salary range data were summarized into three categories: Custom Survey Group (all 16 organizations from the custom survey): Market data is available for 82 positions. Published Survey Group: Market data is available for 139 positions. Full Survey Group: Combined custom survey and published survey data is available for 198 of the 234 benchmark positions. For each benchmark comparison, the percentage difference between the City's average base salary and the market was calculated to determine whether the City was above, below, or competitive with the prevailing market. The variances to the market were captured as: Positive (+) figure indicates that the City paid above the market. Negative (-) figure indicates that the City paid below the market. Gallagher can only report summarized data if a minimum of 5 data points were available for a benchmark job. @2022 ARTHUR J.GALLAGHER&CO. I GallagherFIRCC.corn 1 Gallagher DataAnalysis Insurance Risk Management Consulting The following guidelines were used when determining the competitive nature of City of Roanoke's current compensation: : +1-5% Highly Competitive +I-10% Competitive +I-10 to 15% Possible misalignment with the market Greater than +1-15% Misalignment with market Some of the benchmark jobs that had a greater than 15% difference with the market are not necessarily in misalignment. Factors such as performance, turnover, longevity, and job change would impact actual salaries and might explain some of the differences between the City and the market actual salaries for individual jobs. 002022 ARTHUR J.GALLAGHER&CO. I GaflegherHRCC.com , r, WWI ..x ., . .. Market Data Result Gallagher Insurance I Risk Management Consulting The following chart showed the comparison between the City and the groupings of market data on an aggregate basis. Overall Actual Base Actual Base Actual Base Salary Range Salary Range Salary Range vs. Ma.rket)_ 25th 50th 75th Min Max Custom Market • . , Custom2.2% -9.2% -18.4% -7.3% -5.9% -11.8% Published Survey (Public + Private Sector) -3.0% -14.8% -24.8% n/a -12.1% n/a Published -0.4% -12.5% -21.8% n/a -12.8% n/a Overall, the City's base salary and salary range midpoints was possibly misaligned with the comparable market at the 50th percentile. @2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Market Comparison Findings and Results Insurance I Risk Management I Consulting Benchmark Job Comparison with Market Actual Salaries (Base Pay): MidpointCity Base City Range Combined Base Diff. Combined Market Base Market . .. No. .. Title Salary Midpoint 50th W/50th � T $39,965 $47,649 2 911 Communications Officer II $45,926 -19.2% 4 Account Technician $37,096 $40,282 $45,926 -19.2% $43,421 $53,129 $52,393 -17.1% $52,393 -17.1% 5 Accountant $67,311 -15.8% 8 Accounts Payable Coordinator $56,650 $66,051 $67,311 -15.8% $46,242 $59,240 $65,687 -29.6% $65,687 -29.6% 9 Accounts Payable S stems Coord 11 Administrative Assistant II $33,181 $32,995 $43,279 -23.3% $43,279 -23.3% $37,054 $40,282 $48,103 -23.0% $48,103 -23.0% 12 Administrative Assistant III $61,639 -28.1% 14 Administrative Assistant Supervisor-2140 $44,302 $44,514 $61,639 -28.1% $46,620 $53,129 $74,489 -37.4% $74,489 -37.4% 17 Application Developer I $86,902 -33.3% 19 Application Developer III $58,000 $59,240 $86,902 -33.3% $58,000 $73,647 $104,276 -44.4% $96,030 -39.6% 20 Application Project Leader $67,596 -27.5% 32 Benefit Program Supervisor $49,006 $59,240 $58,706 -16.5% $64,050 $66,051 $75,905 -15.6% $75,905 -15.6% 34 Budget Business Analyst $105,105 -16.7% 35 Budget Manager $87,550 $83,190 $105,105 -16.7% $82,000 $83,190 $97,522 -15.9% $97,522 -15.9% 38 Chief Strate Officer $46,285 -30.7% 45 Client Services Specialist II $32,085 $36,108 $40,097 -20.0% $38,701 $44,514 $49,141 -21.2% $45,786 -15.5% 48 Codes Compliance Inspector I $59,942 -30.0% 49 Codes Compliance Inspector II $41,983 $47,649 $58,212 -27.9% $43,051 $47,649 $52,920 -18.6% $50,146 -14.1% 51 Combination Inspector I 52 Combination Inspector II $47,693 $53,129 $61,960 -23.0% $67,099 -28.9% $45,288 $53,129 $62,267 -27.3% $68,776 -34.2% 54 Communications Supervisor $57,293 27.4% 57 Construction Cost Technician $41,617 $44,514 $57,293 -27.4% $42,775 $47,649 $66,342 -35.5% $66,342 -35.5% 58 Construction Cost Technician II $71,021 -18.5% 60 CSA Coordinator $57,901 $66,051 $68,844 -15.9% $56,650 $59,240 $67,677 -16.3% $72,676 -22.1% 65 De ut Cit Clerk $56,895 -19.7% 72 Development Inspector $45,714 $47,649 $53,910 -15.2% $41,855 $44,514 $56,161 -25.5% $58,139 -28.0% 86 En ineerin Technician I 89 Enterprise Services Administrator $95,249 $92,757 $142,657 -33.2% $142,657 -33.2% $46,408 $53,129 $58,886 -21.2% $58,886 -21.2% 91 Environmental Specialist $96,381 -40.2% 92 Event Services Mana er $57,603 $66,051 $96,381 40.2% ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Market Comparison Findings and Results Gallagher Insurance ( Risk Management Consulting Benchmark Job Comparison with Market Actual SalariesPa Base : � Y) .. Title City Base City Range Combined Base Diff. Combined Midpoint Salary Midpoint Market Base Market ' T . .. 1 96 Facilities Journe man ..-. '� '; 97 Facilities Maintenance Business Coordinator $33,690 $40,282 $42,474 -20.7% $45,216 -25.5% 102 Facilities Trades Professional $49,475 $53,129 $65,777 -24.8% $65,777 -24.8% 103 Facilities Trades Worker $40,761 $44,514 $48,212 -15.5% $48,212 -15.5% 104 Famil Services Specialist $31,200 $32,995 $39,459 -20.9% $39,459 -20.9% 106 Financial Systems Accountant $39.957 $47,649 d- $57,613 -30.6% 107 Financial S stems Technician $49,440 $59,240 $60,451 -18.2% $60,451 -18.2% 114 GIS S ecialist $40,170 $47,649 $58,061 -30.8% j 58,061 -30.8% 115 GIS Technician $52,340 $53,129 $70,341 -25.6% 74,860 -30.1% 119 HRS stems Technician $39,960 $44,514 $64,038 -37.6% 64,038 -37.6% 128 Information Syst Suppt Super $42,918 $47,649 $61,733 -30.5% 61,733 -30.5% 130 Information S stems SecurityTechnician $64,370 $73,647 $97,479 -34.0% $97,479 -34.0% 132 IT Mana er $54,590 $66,051 $85,787 -36.4% $85,787 -36.4% 133 Junior Accountant $80,642 $83,190 $115,170 -30.0% $114,845 -29.8% 138Lead Hvac Technician $37,052 $44,514 $50,818 -27.1% $50,818 -27,1% 139 Learnino Specialist $43,918 $47,649 $52,723 -16.7% $52,723 -16.7% 152 Maintenance Technician I $47,693 $53,129 $71,177 -33.0% $71,177 -33.0% 160 Network En ineer $31,605 $32,995 $38,986 -18.9% $38,986 -18.9% 161 Network Technician $66,682 $73,647 $105,203 -36.6% $105,203 -36.6% 169 Pa roll Technician $56,149 $66,051 $83,474 -32.7% $83,474 170 Permit Technician I $35,020 $40,282 $41,309 -15.2% $41,309 -15.2% 171 Permit Technician II $31,871 $36,454 $41,156 -22.6% $45,273 -29.6% 172 Permit Technician III $36,485 $44,514 $44,390 -17.8% $42,425 -14.0% 177Procurement Technician $43,429 $47,649 $55,020 -21.1% $51,192 -15.2% 188 Revenue Anal st $35,620 $40,282 $42,388 -16.0% $42,388 -16.0% 195 Sen Financial S st Accountant $56,650 $66,051 $71,612 -20.9% $71,612 -20,9% 196 Senior Accountant $59,292 $66,051 $75,704 -21.7% $75,704 -21.7% 198 Senior Auditor $50,834 $59,240 $64,864 -21.6% $65,028 -21,8% 199 Senior Benefit Pro ram Specialist $66,353 $59,240 $80,076 -17.1% $88,114 -24.7% 200 Senior Bud et Business Analyst $40,145 $47,649 $54,990 -27.0% $59,795 -32.9% 203 Senior Collector $58,000 $66,051 $75,905 -23.6% $75,905 -23.6% 204 Senior Family Services S ecialist $33,584 $40,282 $63,937 47.5% $66,581 4g,g% $44,611 $53,129 $59,510 -25.0% $66,105 -32.5% Q2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com -i Gallagher Market Comparison Findings and Results Insurance Risk Management Consulting Benchmark Job Comparison with Market Actual Salaries (Base Pay): Combined MidpointCity Base City Range Market Base Base Diff. Market No. T � MidpointT T T T Ell $35,634 $40,282 $43,043 -17.2% $40,176 -11.3% 206 Signal Technician I $53,015 -24.7% 207 Si nal Technician II $39,931 $44,514 $47,931 -16.7% $44,290 $47,649 $55,233 -19.8% $55,233 -19.8% 209 S ecial Events Coordinator $53,697 15.8% 211 Substance Abuse Counselor $45,236 $44,514 $53,697 -15.8% $42,451 $53,129 $60,478 -29.8% $60,478 -29.8% 217 Technology Business Support Specialist $87,728 -31.9% 218 TechnologySupport Coordinator $59,740 $73,647 $87,728 -31.9% $37,000 $47,649 $51,335 -27.9% $51,335 -27.9% 219 Technolo Support Specialist I 220 TechnologySupport Specialist II $41,615 $53,129 $61,972 -32.8% $61,972 -32.8% 226 Treasurer Clerk III $34,320 $36,454 $41,319 -16.9% $41,319 -16.9% 227 Tree Trimmer $32,075 $36,454 $41,911 -23.5% r $43,430 -26.1% 232 Youth Counselor II $41,428 $44,514 $54,968 -24.6% r $54,968 -24.6% (02022 i'�RTHUR J.GALLAGHER&CO. i GallagherHRCC.com Gallagher Insurance Risk Management ( Consulting Salary Structure Development & Implementation pry; r r y ns�ZOr �y���^x' Gallagher New Salary Structure Considerations Insurance I Risk Management Consulting Minimum range starts from $15/hour, or $31 ,200/year (2,080 hours). Maintain appropriate midpoint differentials. Market best practice suggests midpoint differentials between 8% to 15%. Gallagher developed a salary structure option using market-based methodology. The proposed new structure has 20 grades. u . ,a Via` i ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com MENEM, „ < . Salary Structure Development Gallagher Insurance I Risk Management Consulting Leading Market: This structure is developed using the 50th percentile of the combined custom an published survey market and increasingi d t by 10% to lead the market based on the City's desired compensation strategy. Recommend New Structi This structure is developed using the actual salary data at the 50thercentile of et. the combined custom and published surveymark p Competitive range based on meeting or leading the market. Consistent increments between grades. 'ons: The market results in higher implementation cost and may have budgetary constraints to consider y g y ©2022 ARTHUR J.GALLAGHER&CO. I Gallagher HRCC.com Gallagher Salary Structure Development insurance Risk Management Consulting New Structure: Leading Market Grade Minimum Annual Midpoint 05 $34,320 $39,468 $44,616 30% n/a 06 $35,521 $42,625 $49,730 40% 8.00% 07 $36,828 $46,035 $55,243 50% 8.00% 08 $38,245 $49,718 $61,192 60% _ 8.00% 09 $41,304 $53,696 $66,087 60% 8.00% 10 $44,609 $57,991 $71,374 60% 8.00% 11 $48,178 $62,631 $77,084 60% 8.00% 12 $52,032 $67,641 $83,251 60% 8.00% 13 $56,194 $73,053 $89,911 60% 8.00% 14 $60,690 $78,897 $97,104 60% 8.00% 15 $65,545 $85,208 $104,872 60% 8.00% 16 $70,789 $92,025 $113,262 60% 8.00% 17 $76,452 $99,387 $122,323 60% 8.00% 1$ $82,568 $107,338 $132,108 60% 8.00% 19 $89,173 $115,925 $142,677 60% 8.00% 20 $96,307 $125,199 $154,091 60% 8.00% 21 $104,012 $135,215 $166,419 60% 8.00% 22 (UC) $111,070 $155,497 $199,925 80% 15.00% 23 (UC) $127,730 $178,822 $229,914 80% 15.00% 24 (UC) $146,889 $205,645 $264,401 80% 15.00% 02022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com Salary Structure Development Gallagher Insurance I Risk Management Consulting New Structure: At Market 05 $31,200 $35,880 $40,560 0 7 30/o n/a 7 06 $32,292 $38,750 $45,209 40% 8.00% 07 $33,480 $41,850 $50,221 50% 8.00% 08 $34,768 09 $45,198 $55,629 60% 8.00% $37,549 $48,814 $60,079 60% o 8.00/o 10 $40,553 $52,719 $64,886 60% 8.00% 11 $43,798 $56,937 $70,076 60% 8.00% 12 $47,302 $61,492 $75,682 60% 8.00% 13 $51,086 $66,411 $81,737 60% 8.00% 14 $55,173 15 -- $71,724 $88,276 60% 8.00% $59,586 $77,462 $95,338 60% 8.00% 16 $64,353 $83,659 $102,965 60% 8.00% 17 $69,501 $90,352 $111,202 60% 8.00% 18 $75,062 $97,580 $120,099 60% 8.00% 19 $81,067 $105,387 $129,706 60% 8.00% 20 $87,552 $113,817 $140,083 60% 8.00% 21 $94,556 $122,923 $151,290 60% 8.00% N (UC) $100,972 $141,361 $181,750 80% 15.00% 23 (UC) $116,118 $162,565 $209,013 80% 15.00% 24 (UC) $133,536 $186,950 $240,365 80% 15.00% ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Cost Implementation Insurance Risk Management Consulting It is important for the City of Roanoke to implement the proposed salary range adjustments through a consistent pay implementation process to reduce potential salary compression issues and impact of inflation Cost implementation analysis (provided there is a change) includes employee pay adjustments within the current or recommended range based on employee current pay rate and years of service in position Potential cost implementation options to bring employees into the proposed structures include the following: OPTION 1 : Increase to new range minimum — Identifies any employees below the minimum and determines the cost to move all employees to the new minimum. OPTION 2: Increase to range midpoint — If an employee is at the midpoint of the current structure, the calculation maintains them at the midpoint of the new range. OPTION 3: Increase to position in range up to range maximum — For each year increment to the new range minimum. of service, the employee gets 3% i.e., the employee's calculated total experience is 10 years Proposed Salary = New Minimum + (3% x 10 x New Minimum) @2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.corn Cost Implementation Gallagher Insurance I Risk Management I Consulting • The impleme"ta on strategy/plan is based on the following aspects: p No pay cuts will occur -- Employees will be paid within the new pay ranges meanie employees will be paid below the minimum of the new ranges g no em p y Salaries do not fall above the new pay range maximum 02022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Cost Implementation Insurance Risk Management I Consulting ornolieli-tientation Cost Leading Market: • f Salary• • Cost Projection Employees Budget I Sala Bud 948 $45,895,457 n/a Tota Salary et (Annual)9 OPTION 1 : To New Minimum 686 $3,563,3361 7.7% OPTION 2: To Range Midpoint 936 $14,996,864 32.7% OPTION 3: To position in range up to range maximum 852 $9,339,521 20.3% ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com - Cost Implementation Gallagher Insurance Risk Management I Consulting Implementation Cost At Market: Countof • ' , of Employees Projection • • - Total Salary Budget (Annual) 948 $45,895,457 n/a a OPTION 1 : To New Minimum 427 $1 ,179,161 2.6% OPTION 2: To Range Midpoint 931 $9,627,203 21 .0% OPTION 3: To position in range up to range maximum 749 $5,268,250 11 .5% a @2022 ARTHUR J.GALLAGHER&CO. Ga flag herHRCC.com Gallagher Cost Implementation Insurance Risk Management Consulting The following chart shows the top 5 departments within the City with the highest cost to progress to position in range Leading the Market At Market Cost to Cost to move to % of move to % of position in Total position in Total Department N range Cost N range Cost Human Services-Administration 203 $2,346,664 25.1 % 203 $1 ,408,220 26.7% Libraries 38 $531 ,207 5.7% 38 $327,261 6.2% Solid Waste Mgt - Refuse/Recyc 47 $500,576 5.4% 47 $311 ,041` 5.9% Information Technology Div 25 $371 ,681 4.0% 25 $212,165 4.0% [Neighborhood Services 28 $360,891 3.9% 28 $221 ,496 4.2% ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com • Cost Implementation Instructions Gallagher Insurance I Risk Management Consulting All employees are moved to the appropriate salary rate to the range minimum If an employee is currently paid above the new salary rate, then no adjustment is made in this option 000 - oririqs aii emplovees into the ranasm frnrn ' n All employees are moved to the appropriate salary rate to the range midpoint, referencing years of service in current position Each progression salary rate increment is equal to a 3% increase for each year of service in the current position If an employee's new salary rate based on years of service in current position is above the range midpoint, the proposed salary rate is capped at range midpoint If an employee is currently paid above the new salary rate, then no adjustment is made in this option x2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Cost Implementation Instructions Insurance Risk Management Consulting All employees are moved to appropriate salary rate within the proposed salary range, referencing years of service in current position Each salary rate increment is equal to a 3% increase for each year of service in the current position If an employee is currently paid above the new salary rate, then no adjustment is made in this option L2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Insurance Risk Management Consulting Recommendations On-Going Compensation System Management Gallagher Insurance Risk Management Consulting Pay administration guidelines should be implemented for placing and moving employees through the structure, Gallagher recommends the following: The hiring range should be from the range minimum for minimally acceptable qualified individuals to the first quartile (25th percentile) for well qualified individuals. Appointment above the first quartile should require the approval of Human Resources, and appointment above the midpoint should require the approval of the City Manager or nominated authority. The City should annually review its internal alignment and classification of jobs to ensure proper leveling between jobs. Individual salary advancement (base pay increase) through the ranges should be based on competent performance in the job class. The City should conduct similar market study every two to three years to collect new market data for salary adjustment. Individual salary should increase at a higher rate than the salary range adjustment. If the City increases the salary ranges for 2% for 2022, employees' base salary increase should be higher than 2%. E.g., 2.5% or 3%. ©2022 ARTHUR J.GALLAGHER&CO. i GallagherHRCC.com s, 02022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com� Gallagher Insurance Risk Management Consulting Pay Practices & Benefits SummaryComparableof Organizations' Data oCO. . . a Pay Practices & Benefits Summar Gallagher Summary Insurance I Risk Management I Consulting The following pay practices and benefits summary are aggregated from custom survey results. Annual Operating Budget $507 millions Annual Payroll $375 millions FTEs Employed 1212 «02022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Pay Practices & Benefits Summary Insurance Risk Management Consulting Total Percentage 5.00% i S Most Recent Base Salary Adjustment Adjustment Date 01/01/2022 - 07/01/2022 2.25% Additional Base Salary Adjustment(next 6 to 12 Total Percentage months) Adjustment Date 01/01/2023 - 07/01/2023 @2022 ARTHUR J.GALLAGHER&CO. i GallagherHRCC.com Pay Practices & Benefits Summar Gallagher Summary Insurance Risk Management Consulting Number of • , • Salary Structure Established 15 Open Range a 9 Step Plan 6 Median Average No. of Pay Grades 14 Average No. of Steps within Each Grade 16 Average Range Spread 46% IAverage Midpoint Increase% 25% Average Years for Employees to Arrive at the Maximum 19 02022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com } Gallagher Pay Practices & Benefits Summary Insurance Risk Management Consulting Total Percentage 5.00% � Most Recent Salary Structure Adjustment Adjustment Date 7/1/2021 - 7/1/2022 Total Percentage 2.01% Additional Salary Structure Adjustment (next 6 months) Adjustment Date 7/1/2022 - 1/21/2023 ©2022 ARTHUR J.GALLAGHER&CO. Gall agherHRCC.cc)m l) J Pay Practices & Benefits Summar Gallagher Summary Insurance Risk Management Consulting Additional Pay OrganizationsNumber of • Can be in form of Special Pay Adjustment or Merit Bonus. • Merit Increases of 1.75% - 3% are granted based on where employee's current salary is within their pay range. 7Payforrformance 3 • We have performance evaluations, but employees receive a bonus and not salary increase. Next year employees will move a step if they receive a satisfactory evaluation. • Employees may receive extraordinary step increases for exceptional performance. Lump-sum Award 3 n/a Increase to Base Pay 6 n/a 02022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher PayPractices & Benefits Summary Insurance I Risk Management Consulting aof Policy Descriptions Organizations • Base increases anywhere from 2.5-5% • lump sum awards for level licensures plus increase in hourly pay. • Increase for specific certifications in certain positions. Licensing • For Public Safety (specific amounts based on license/situation) (Pay increases or pay 9 • There are multiple incentives in various departments for certifications, supplement offered) licensure, etc. There is not a complete, comprehensive listing organization- wide at this time. • practice varies but licensing must be job related • Percentage given for acquisition of specific licensees. • $70-$100 One......Pair Per year • varies; for example, -$170/two years • employees receive one pair of safety shoes per year not to exceed $200. Safety Shoe/Boot • clothing allowances differ per department. (Allowance or pay 8 • Allowance for boots/uniforms on a purchasing card supplement offered) Reimbursement up to $160 per year • The County shall annually provide regular full-time employees with a minimum of one pair of Director approved safety shoes not to exceed the amount established each fiscal year as part of the annual County bud et. ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Cr Pay Practices & Benefits Summar Gallagher Summary Insurance Risk Management Consulting Additional Pay -- continues Number . Organizations Policy Descriptions• 1 hour at the regular rate for each eight (8) hours of authorized stand-by duty. • 1 of 4 options: $280 a. Each full weekly period/$320 b. Each full weekly period if there's a designated holiday(s)/ $40 c. Each day of regularly scheduled work hours/ $80 d. Any designated holiday(s) based on regularly scheduled work hours. • On-call - employees receive 1 hour of pay or comp time for each scheduled workday on call; 2 hours for each scheduled day off on call. On-call/Stand-by Pay 13 • Pay on-call to our water and sewer and mechanics and call back. Employees on call receive an additional 2 hours at their current rate of pay. Call-In receives a minimum of 3 hours at time and a half. • Pay at 1.5 for 1 hour for on-call if called out; Double time for standby if called out. • 2 hours on call for each 8- call back applied to time worked for purpose of OT. • Yes, we provide on-call/stand by and they are paid $1/hour. • Minimum Call Back- 2 Hours, Employees assigned to stand-by duty whether or not called back shall be. Awarded either one (1) hour of paid, stand-by time off or payment for one. • Call Back pay- employees receive minimum of 4 hours or the hours actually worked, whichever is greater. • Employees required to return to work shall receive a minimum of three hours for call back at the overtime rate. If the time on call back exceeds three hours, the employee Call Back Pay 11 shall be compensated for all additional hours worked on call back at time and a half. • Call back time shall be reported and compensated on the basis of rounding up to the next one-quarter(1/4) hour of time worked. • Maintenance employees who are called back to work due to an emergency will be paid a min of 3 hours pay or the actual time worked if it exceeds 3 hours. • Time paid is calculated from the time the employee leaves their home until they ret home. «2022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com I kw- Gallagher Pay Practices & Benefits Summary Insurance I Risk Management Consulting r7 • N r Pay Amoun Organizations One-time years of service adjustment($175/year) for FT employees 07/01/2022. Longevity Pay 3 $120 after the 4th year of service, up to a maximum of$2400 at 20 years. - varies built into our pay classification plan - up to $1500 Merit Bonus 4 - Varies (-2%) - Periodically - $1500-$2500 - Varies based on budgeted funds and employee performance - $3000 expires 9/30 - Depending on position - Some positions. Police Officer for VA Certified $2,000 with less than 2 yrs experience Hiring Bonus 6 and $5,000 with more than 2 years. $2,000 bonus for Bus Operators, Mechanics, and Mechanic Assistants. - Yes, Police Department ($5k); Transportation ($500) - now ceased. - Up to $2,500 0 $1000 expires 9/30 6 months • Employee Referral Bonus is $500 across Referral Bonus 6 $700 • Transit Department- $200 referral bonus • $500 if an employee refers someone and they are hired Other types of Incentive PayY 1 n/a @2022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com Pay Practices & Benefits Summary Gallagher Insurance I Risk Management I Consulting Personal/Vacation Leaw,,, .......... Number of Organizations Separate days for vacation, sick, and personal leave 14 Combined bank for all time off 6 Unlimited paid time off 0 02022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com 1 Gallagher Pay Practices & Benefits Summary Insurance Risk Management Consulting � w 1 -4 years 96 � 24 __: 120 30 5 - 9 years 10 1/1 years 144 � � � 36 15 19 years 168 42 20 or more years 192 48 . unlimited • Twice your annual maximum carryover. • Maximum of Accrual. • Maximum carryover amount based on YOS. Maximum pay out for accrued vacations (Hours) upon • Carryover is 240 for<20 years and 320 for 20+; payout is 100% up to maximum retirement, resignation, termination, or death carryover. • 192, 240, 288, 336, 384 (in hours) • 360 Plan 1 & 2 or 240 Hybrid plan. • Reduced to annual maximum after last pay period in fiscal year. * Reported data not including Sick Leave. ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Cr Pay Practices & Benefits Summar Gallagher Summary Insurance Risk Management Consulting Sick Leave Median Years of Service Hours/Year Maximum Carryover 1 -4 years 96 5 - 9 years 100 10 - 14 years 100 Unlimited 15 - 19 years 100 20 or more years 100 • 960 (in hours) • Paid out for retirement only, max of$15,000. • Unlimited maximum. None paid outside of retirement. At retirement 50% of 1400 hours of sick leave is paid. Or a maximum of 720 hours. • Unlimited accrual for those hired before 2014; An employee with at least 5 yos, 25% of accumulated SL to a max of$5k; An employee with at least 12 yos, 25% of Maximum pay out for accrued vacations (Hours) upon accumulated SL to a max of$7500; An employee with at least 20 yos, 25% of retirement, resignation, termination, or death accumulated SL to a max of$10k; Retiring employee may use the cash payment to, purchase VRS service credit; A retiring employee may use the cash payment from either vacation or sick leave to contribute to their tax-deferred compensation plan (457) at the time of retirement. • $1600 for resignation, $3200 for retirement or$300/$600 Hybrid plan. • 25% up to 260 hrs or 32 days • All unused credited sick leave. • None. 02022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com • Pay Practices & Benefits Summary Gallagher Insurance I Risk Management � Consulting Median Years over of Service Hours/Year Maximum Carry (Hours) 1 -4 years 156 29 5 - 9 years 179 33 10 - 14 years 198 37 15 - 19 years 218 40 20 or more years 239 44 Number of Organizations Employees can carry-over or "bank" unused leave 11 @2022 ARTHUR J.GALLAGHER&CO. I Gallagher HRCC.com Pay Practices & Benefits SummaryGallagher Insurance Risk Management Consulting Additional Days Off Number of Organizations Additional days given to employees on top of accrued time 3 Number of additional da sand purpose Additional Bonus days as approved by Council. Y p p 3 personal holidays. • Community Service (24hrs) • 344, 400 (in hours) Maximum pay out for accrued PTO (Hours) �1 Yr 0%; 1-9 yrs - 25%; 10-19 yrs - 37.5%; 20+ yrs - 66.6% upon retirement, resignation, termination, or death ' Yes, max payout for accumulated PTO hours; PTO payout for emergency withdraw under certain circumstances • Up to the maximum accrual rate. ©2022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com Gallagher Pay Practices & Benefits Summary Insurance Risk Management I Consulting Bereavement Leave 3 Holidays 13 02022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.com Pay Practices & Benefits Summar Gallagher Summary Insurance Risk Management Consulting Retirement Plan Summary Virginia Retirement System (VRS) entity 11 Organizations •Mission Square 457 •Mission Square ICMA-RC 457(b) •Defined Contribution Plan Deferred Contribution Plan Types •Roth •Traditional IRA •Commonwealth of VA Deferred Comp Plan •Mission Square 401 K •5 (3 organizations) Fmbeyeae an employee is '0 (3 organizations) vested •Tiered; 4 years is 100% vested •Hybrid -4 years (although employees are eligible for percentages past two years); Voluntary - none •10 years vested for Pension Plan •0% (3 organizations) •8% (1 organization) •Employees can select to set up a 457 and make contributions with no employer match. •Employees earning $35,000 or less annually, the City will match their contributions from $4.62 up to tributions $18.46 per pay period, depending on the employee contribution amount. or calculation, •<5 years - 5%, 5-9 years - 6%, 10-14 years - 8%, 15+ years - 10% description •1% of employee's base salary, plus employer match up to 2.5% on employee's voluntary contributions -VRS -% of employee pay; Def Comp-fixed amount. •Employees can choose a percentage of pay or flat dollar amount of pay. We match up to$ pay period. @2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Pay Practices & Benefits Summary Insurance Risk Management Consulting MONTHLY MONTHLY ANNUAL MONTHLY MONTHLY ANNUAL Employer Employee Employee Employer Employee Employee Hiahest Enrollment Plan__ Contribution Contribution Out-of-pocket Contribution Contribution Out-of-pocket (%) N maximum ($) (%) (%) maximum ($) PPO 300 Medical Insurance-employee only 90.0% 10.0% $4,000.00 90.45% 9.55% $4,000.00 PPO 300 Medical Insurance-employee+ane 70.0% 30.0% $7,500.00 71.71% 28.29% $8,000.00 PPO 300 Medical Insurance-employee+children 69.0% 31.0% $8,000.00 51.93% 48.07% $8,000.00 00000 0% $7 32. , . PPO 300 Medical Insurance-employee+family 68.0% 49.70% 50.30% $8,000.00 PPO HRA(Health Reimbursement Account)- Medical Insurance - 100.0% 0.0% $4,250.00 93.60% 6.40% $4,500.00 employee only PPO HRA(Health Reimbursement Account)-Medical Insurance - 70.0% 30.0% $8,500.00 74.90% 25.10% $9,000.00 employee + child PPO HRA(Health Reimbursement Account)- Medical Insurance - 70.0% 33.6% $8,500.00 54.02% 45.98% $9,000.00 employee + spouse PPO HRA(Health Reimbursement Account)-Medical Insurance - 70.0% 33.1% $8,500.00 53.67% 46.33% $9,000.00 family PPO Health Savings Account(HSA) - Medical Insurance-employee 95 0% 6.0% $4,000.00 96.87% 3.13% $5,500.00 only PPO Health Savings Account(HSA)-Medical Insurance-employee 89 8% 13.5% $8,000.00 79.86% 20.14% $11,000.00 + child PPO Health Savings Account(HSA)- Medical Insurance-employee 87.0% 18.0% $8,000.00 58.62% 41.38% $11,000.00 + spouse $11,000.00 PPO Health Savings Account(HSA)-Medical Insurance-family 87.8% 18.4% $8,000.00 58.50% 41.50% ©2022 ARTHUR J.GALLAGHER&CO. I GailagherHRCC.con) ay Practices & Benefits Summary Gallagher Insurance | Risk Management | Consulting MONTHLY MONTHLY ANNUAL MONTHLY MONTHLY ANNUAL Employer Employee Employee Employer Employee Employee Contribution Contribution Out-of-pocket Contribution Contribution Out-of-pocket N (9Q maximum ($) (9Q N mouimuno (�) Denba| |nsunance-emp only 72.0096 28OO96 �15O0O0 ' ' � 91.54% 846% $000 Oenby| Insurance-employee+ child 30.5096 69.50% $1.500.00 Dental Insurance-employee+spouse 44.0096 58'0096 $1.500.00 65.0196 34'09% $0.00 Dental Insurance'family 42.0896 58.0096 $1.500.00 65.0196 34.99% $0.00 Vision Insurance'employee only 0.00% 100.00% n/a � 47.13% 528796 $000 Vision Insurance-employee+child 0.00% 100.0096 n/a Vision Insurance'employee+ spouse 0.00% 100.00% n/a 0.00% 100.0096 $0.00 Vision Insurance-employee+family 0.00% 100.0096 n/a 0.00% 100.00% $0.00 Vision Insurance- family 0.00Y6 10OOO96 �a � 00096 10000% $000 Total Premium (medical+ dental + vision)-employee only 87.0096 12.10% n/a Total Premium (medical+ dental + vision)-employee+child 71.66Y6 28.34% n/a 0.0096 180.0096 $0.80 Total Premium (medical+ dental+ vision)-employee+ spouse 70.6196 29.3996 n/a 89.73% 10.2796 $4.000.00 Tota/ Premium (medical+dental + viwion)-femUy 70.00Y6 30.00% n/a ' 7044Y6 205696 $80O000 Tote/ Premium (medical+ dwnbo| + �aion)-employee+one 61.17% 38.8396 n/a ' � Total Premium (medical+ dental+ vision)^employee+ children 67. Total Premium (medical+ dental + vision)-employee+fomi|y 58. Oczou2ARTHUR J.GALLAGHER xCo. | oaxaoxorHncc.00m Gallagher Pay Practices & Benefits Summary Insurance Risk Management Consulting Discounts offered for employees and spouse who both 3 work at the organization ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Pay Practices & Benefits SummaryGallagher Insurance I Risk Management Consulting Health Insurance for Retirees OrganizationsNumber of Descriptions • Humana Group Medicare Advantage Health insurance supplement g • Medicare Supplemental Plan, Medicare Part D provided for retirees • Retiring employees receive a contribution based on their age/YOS at retirement. • Retiree plan to employees until Medicare eligibility. • Employees pay 100% of premium. • Retiree health insurance, dental & vision. Retirees may stay on health plans until Medicare eligible. Health insurance supplement • Medicare eligible retirees can continue health coverage through the County sponsored enrollment service. If enrolled in a medical provided for retirees after 6 supplemental plan through this service, eligible retirees receive a monthly Medicare eligibility supplement, available through HRA. @2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com Gallagher Pay Practices & Benefits Summary Insurance Risk Management Consulting OrganizationsNumbe of Summary Optional Life, Accident, Cancer Insurance, Hospital Indemnity, Critical Illness Universal Life Insurance,Voluntary Whole Life, Voluntary Disability, Health Insurance, Dental Insurance, Voluntary benefits types n/a Vision Insurance, Term Life Insurance, 457, Pre-Paid Legal, AFLAC, Aflac Critical Illness, Mass Mutual whole Life, Legal Shield/ID Shield Protection, Aflac Group Accident. • Acute care��� _. • Primary Care & Urgent Care Visits - Most paid there per visit is $25 and is not billed to health insurance. Dependents over age of 6 placed on the health insurance can utilize the facility as Health clinic benefits offered 6 well. • No copay if on employer insurance, $20 copay if not. • No cost to benefit eligibility. FT/PT employees. Used for maintenance visits, sick visits. • Pre-employment physicals/routine exams for hazardous duty, immunizations, work-related injury and illness, sick visits. Wellness programs offered 10 n/a Wellness Incentive Program n/a offered with a premium 4 differential $480/year • $25 less a month on health insurance premiums ;Premium differential amount; n/a $400 reimbursement per year if all prog requirements met, we also offer a gym reimbursement for 8+ workouts per month • $25/month • FSA Other health benefits n/a • Dental • Off-site health clinic 02022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.con) Pay Practices & Benefits Summar Gallagher Summary Insurance Risk Management Consulting Other Benefits — Continur . , Employee-paid Employee m77 Assistance Program offered7- 11 n/a Same Employee-paid Employee Assistance Program benefits 10 n/a offered to family members • 4/5/8/10 Number of annual visits providedF n/a ' 4 sessions per incident per year • 3 visits per issue • 6 per issue • 3 per issue per year X72022 ARTHUR J.GALLAGHER&Co. I GallagherHRCC.com Gallagher Pay Practices & Benefits Summary Insurance I Risk Management I Consulting Otne Tuition reimbursement offered 11 Organizations -- - -- • 4 classes/year at $500 per class • Undergraduate - $150 per credit hour/maximum 12 credits/FY Graduate - $250 per credit hour/maximum 12 credits per FY • Annual Change due to budget • $2,500 per calendar year Tuition reimbursement limit . $2,000/$2,400/$3,000 • based on program type and grade received. • 90% of cost of classes. • Funds are available, as determined by County Manager; State & Federal law does not cap this benefit Student Loan Assistance and/or Repayment • Yes, can cashin 40 ho rs vacation per year to pay loan payments. Program options • Tuition ReimProgram. Other(Please list) • Roth IRA @2022 ARTHUR J.GALLAGHER&CO. I Gall agherHRCC.com Classification Recommendations Gallagher Insurance Risk Management Consulting Job Family Classification Title Current Title Account Specialist Junior Accountant Account Clerk Account Clerk Accounting & Finance Account Clerk - 2140 Budget Analyst Budget Analyst Budget Analyst - 3111 Administrative Assistant Administrative Assistant II Administrative Assistant II - 3111 Administrative Specialist Administrative Assistant III Administration/ Administrative Assistant III - 2140 Administrative Support Administrative Assistant III - 3111 Administrative Assistant III - 3211 Work Coordinator Senior Administrative Specialist Administrative Assistant IV Assistant Attorney Assistant City Attorney Assistant City Attorney I Assistant City Attorney II Assistant Commonwealth Attorney Attorney Assistant Commonwealth Attorney II Code Compliance Attorney Deputy Assistant Attorney Senior Assistant City Attorney Senior Assistant Commonwealth Attorney Senior Assistant Attorney Assistant City Attorney III Engineering Construction Cost Technician Construction Cost Technician Construction Cost Technician II Treasurer Treasurer Clerk Treasurer Clerk I Treasurer Clerk II ©2022 ARTHUR J.GALLAGHER&CO. GallagherHRCC.corn Consulting and insurance brokerage services to be provided by Gallagher Benefit Services, Inc. and/or its affiliate Gallagher Benefit Services(Canada)Group Inc.Gallagher Benefit Services,Inc.is a licensed insurance agency that does business in California as"Gallagher Benefit Services of California Insurance Services"and in Massachusetts as"Gallagher Benefit Insurance Services."Neither Arthur J.Gallagher&Co.,nor its affiliates provide accounting,legal or tax advice. ©2022 ARTHUR J.GALLAGHER&CO. I GallagherHRCC.com