HomeMy WebLinkAboutCouncil Actions 07-18-05 Vlishne
$7117-071805
ROANOKE CITY COUNCIL
REGULAR SESSION
JULY 18, 2005
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--Roll Call.
The Invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Today's Council meeting will be replayed on Channel 3 on Thursday,
July 21,2005, at 7:00 p.m., and Saturday, July 23, 2005, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF
ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH
AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, CLICK ON THE ROANOKE CITY COUNCIL ICON,
CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH TH E STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-FEE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
2. PRESENTATIONS AND ACKNOW[Fr)GEMENTS:
Recognition of Summer Interns.
File #80-467
Proclamation declaring the year 2005 as Virginians With Disabilities Act
and Americans With Disabilities Act Year.
File #80-353
CONSENT AGENDA
Approved (7-0)
ALL MA'I-FERS 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
C-2
C-3
C-4
Minutes of the regular meeting of Council held on Monday, June 6,
2005.
RECOMMENDED ACTION: Dispense with the reading of the
minutes and approve as recorded.
A communication from Mayor C. Nelson Harris requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #110-132
Minutes of a meeting of the Audit Committee which was held on
Monday, June 20, 2005.
RECOMMENDED ACTION: Receive and file.
File #300
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, August 15, 2005, at 7:00 p.m., or as
soon thereafter as the matter may be heard, to execute a new lease with the
United States General Services Administration for office space in the
Commonwealth Building.
RECOMMENDED ACTION: Concur in the request.
File #132-373-524
C-5
C-6
C-7
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, August 15, 2005, at 7:00 p.m., oras
soon thereafter as the matter may be heard, to execute a new lease with
Carilion Biomedical Institute for office space at 111 - 11 7 Church
Avenue, S. W.
RECOMMENDED ACTION: Concur in the request.
File #132-166-207-221-373
A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss the disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #132
Qualification of the following persons:
Barry W. Baird as a member of the Roanoke Valley Greenway
Commission, for a term ending June 30, 2008;
John B. Ferguson as a member of the Court Community
Corrections Program Regional Community Criminal Justice
Board, for a term ending June 30, 2008;
Betty Field, Louise F. Kegley, Cad H. Koptizke, Michael A.
Loveman and E. C. Pace, III, as members of the Mill Mountain
Advisory Committee, for terms ending June 30, 2008;
Cathy C. Greenberg as a member of the Roanoke Arts
Commission, to fill the unexpired term of Courtney A. Penn,
resigned, ending June 30, 2007;
Thomas Pettigrew as a member of the Parks and Recreation
Advisory Board, for a term ending March 31,2008; and
Barton J. Wilner as a member of the Roanoke Valley Convention
and Visitors Bureau, for a term ending June 30, 2006.
RECOMMENDED ACTION: Receive and file.
File #67-110-230-242-293-379
4
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
Request to address Council with regard to the backflow prevention
test which is required on existing residential underground lawn
sprinkler systems. Suzanne Osborne, Spokesperson. (Sponsored by
Council Members Lea and Wishneff.)
The City Attorney was requested to render an opinion as to
whether testing of back flow prevention devices is
mandatory for all jurisdictions in the Commonwealth of
Virginia.
File #27-32
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
· Zoning Ordinance Update.
ITEMS RECOMMENDED FOR ACTION:
Acceptance of the Local Government Challenge Grant from the
Commonwealth of Virginia Commission for the Arts; and
appropriation of funds.
Adopted Budget Ordinance No. 3711 7-071805 and
Resolution No. 37118-071805. (7-0)
File #60-236
Acceptance of the Project Safe Neighborhoods Grant from the
U. S. Department of Justice; and appropriation of funds.
Adopted Budget Ordinance No. 37119-071805 and
Resolution No. 37120-071805. (7-0)
File #5-60-165-236
5
Appropriation of Economic and Community Development
Reserve for Facade Grant funds, in connection with the
Enterprise Zone One A Project.
Adopted Budget Ordinance No. 37121-071805. (6-0,
Council Member Wishneff abstained from voting.)
File #60-236-266-450
Execution of the Workforce Investment Act Grant Agreement
with the Virginia Employment Commission for Program Year
2006.
Tabled until the end of the meeting.
File #72-236
Execution of the 2005-2006 Community Development Block
Grant Subgrant Agreement with Kuumba Community Health &
Wellness Center, Inc., in connection with acquisition of property
located at 3716 Melrose Avenue, N. W.
Adopted Resolution No. 37122-071805. (7-0)
File #2-22-236
Execution of Voluntary Remediation Program Documents and
Declaration of Restrictive Covenants between the City of
Roanoke and the Virginia Department of Environmental Quality,
in connection with the use of property located at 704 Franklin
Road, S. W., for a fully-staffed Fire Station/Administration
Building.
Adopted Ordinance No. 37123-071805. (7-0)
File #70-529
At a future Council meeting, Council Member
Wishneff requested the following:
(1) A briefing on the status of the fire station
project;
(2) A discussion on the wisdom of closing Fire
Station No. 1 as a fire station; and
(3) An opinion poll of those persons/businesses
that are served by Fire Station No. 1 (do they
believe that Fire Station No. 1 is a functional fire
station).
6
Execution of the Programmatic Agreement in connection with
the 1-73 Corridor Project.
Adopted Resolution No. 37124-071 805. (7-0)
File #77
Transfer of $125,000.00 in connection with Mill Mountain
Theater capital improvements.
Adopted Budget Ordinance No. 37125-071805. (7-0)
File #60-349
7. REPORTS OF COMMI'I-rEES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Cutler congratulated the City's Public
Information Officer in connection with an article that was
published in the Vir.ainia To~m a~d¢itymagazine entitled,
'~/orld Comes to Downtown Roanoke Via Wire-less Internet
Technology".
File #80-301
Council Member Cutler referred to two events that were
held during the past weekend; i.e.: competitive mountain
biking events at Carvins Cove Natural Reserve and Mill
Mountain Park and the Mill Mountain Hill Climb from
Belleview and Walnut Avenues to the Mill Mountain Star.
He advised that the events demonstrate that the City of
Roanoke is a bicycle friendly community.
File #67-442
7
Council Member Lea advised that he represented the City
of Roanoke at the closing ceremony of World Changers. He
called attention to and commended the level of excitement
by the young people who participated in the program.
File #304
Council Member McDaniel spoke in support of churches
and other organizations implementing a home based World
Changers program in the Roanoke community.
File #304
On behalf of the City of Roanoke, Council Member Dowe
advised that he accepted an award from Virginia Amateur
Sports in recognition of the City's 2005 sponsorship of the
Virginia Commonwealth Games which were held on
July 15 - 17.
File #80-334
The Mayor advised that July 1,2005, marked the beginning
of his second year as Mayor; whereupon, he expressed
appreciation to the Members of Council for their support
by representing the City of Roanoke at various community
events and activities which is a testament to the
commitment of Council to the citizens of Roanoke.
File #80-132
Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
1 1. HEARING OF CITIZENS UPON PUBLIC MATI'ERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATI'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Shaheed Omar, 1219 Loudon Avenue, N. W., advised that as
a result of his recent appearance before Council with regard to
alleged police brutality and the City's police complaint process,
he received a communication from the City Manager responding
to his suggestions. He stated that it is hoped that this will mark
the beginning of dialogue regarding the police complaint
process and urged that Council review the City Manager's letter
and provide input with regard to proposed suggestions.
File #5-104-132
Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke with
regard to renovating Victory Stadium and an agreement between
Norfolk Southern and the City of Roanoke with regard to
maintaining Victory Stadium and the National Guard Armory. He
stated that the City plans to spend $136,000.00 to prepare
Victory Stadium for high school football in the fall and advised
that instead of spending funds on temporary restroom facilities,
the money could be used to renovate current restrooms at
Victory Stadium.
File #122
Ms. Josephine Hutchison, 1111 Loudon Avenue., N. W.,
expressed concern with regard to closing the fire station at 1 2th
Street and Loudon Avenue, N. W.
File #66-70
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke with regard to
the closing of fire stations in the City of Roanoke.
File #66-70
9
Mr. Tony Hairston, 1263 Tayloe Avenue, S. E., expressed concern
with regard to race relations in the City of Roanoke.
File #11-66
1 2. CITY MANAGER COMMENTS: NONE.
CERTIFICATION OF CLOSED SESSION.
(6-0, Council Member
Wishneff was not
present when the vote
was recorded.)
The following persons were appointed/reappointed to boards and
commissions:
War Memorial Committee
File #15-110-518
Sloan H. Hoopes for a term ending
June 30, 2008; Harold H. Worrell
and Robert O. Gray for terms
ending June 30, 2007; and
Philip C. Schirmer for a term
ending June 30, 2006.
Roanoke Public Library Board
File#15-110-323
Anne E. Caldwell to fill the
unexpired term of Samuel G.
Oakey, III, resigned, ending
June 30, 2006; and Susan Koch
for a term ending June 30, 2008.
Towing Advisory Board
File #15-110-543
Thomas W. Ruffto fill the unexpired
term of Patrick Shumate, resigned,
ending June 30, 2006.
Item 6.a.4 was tabled until the 7:00 p.m. session.
ROANOKE CITY COUNCIL
REGULAR SESSION
JULY 18, 2005
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (Mayor Harris was absent.)
The Invocation was delivered by Council Member Al[red T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Beverly T. Fitzpatrick, Jr.
Welcome. Vice-Mayor Fitzpatrick.
NOTICE:
Tonight's Council meeting will be replayed on Channel 3 on Thursday,
July 21,2005, at 7:00 p.m., and Saturday, July 23, 2005, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
]!
A. PUBLIC HEARINGS:
Amendment and Restated Articles of Incorporation of the Western
Virginia Water Authority, changing the terms of office of members of
the Board of Directors to begin on July 1. William M. Hackworth, City
Attorney.
Adopted Resolution No. 37126-071805. (5-0, Council
Member Wishneff was not present when the vote was
recorded.)
File #468
Proposed conveyance of a 1.2508 acre portion of City-owned
property located on Carroll Avenue, N. W., to the Western Virginia
Water Authority. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37127-071805. (5-0, Council
Member Wishneff was not present when the vote was
recorded.)
File #2-166-468
Proposed lease of a portion of City-owned property located at the
Roanoke Civic Center to Roanoke Sports Group, LLC, for use as office
space as part of the terms of a License Agreement for operation of a
hockey team. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 37128-071805. (6-0)
File #166-192-373
Tabled from the 2:00 p.m. session.
6.a.4.
Execution of the Workforce Investment Act Grant Agreement
with the Virginia Employment Commission for Program Year
2006.
Adopted Resolution No. 37129-071805. (5-1,
Council Member Lea voted no.)
File #72-236
12
B. HEARING OF CITIZENS UPON PUBLIC MATI'ERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MA'I-FERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Robert E. Gravely, 727 29th Street, N. W., advised that a
communication should be forwarded to the Work Force
Investment Board instructing the Board to reinstate a Total
Action Against Poverty representative. He spoke with regard to
the need to attract more persons to the Roanoke area by
creating avenues of opportunity, better and more affordable
entertainment venues, and living conditions that are more
conducive to the income level of the average person.
File #66-226
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
June 20,2005
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Carolyn Glover, Human Resource
Administrator, for recognition by Council of the summer interns for 2005.
Darlene L. Bur~:ham
City Manager///
DLB:sm
C:
City Attorney
Director of Finance
City Clerk
Office of the Mayor
CITY OF ROANOKE
WHEREAS,
March 2005 marked the 20~ anniversary of the l~irginians with
Disabilities .4ct, which declared that "it is the policy of this
Commonwealth to encourage and enable persons with disabilities
to participate fully and equally in the social and economic life of
the Commonwealth and to engage in remunerative employment";
and
WHEREAS,
July 26, 2005 marl~ the 1§a anniversary of the Americans with
Disabilities Act, which is a landmark civil rights law banning
discrimination against the nation'~ 54 million people with
disabtTities; and
WHEREAS,
these two laws work to erarure that people with disabilities are
from discrimination, treated with respect and dignity, move freely
about the community, and live in the lenst restrictive environment;
and
WHEREAS,
work remains to be done throughout city, state and federal
governments to fulfill the promise of both the Virginians with
Disabilities Act and the .4merican~ with Disabilitigs .4ct, and this
anniversary is an appropriate occnsion to reflect on the forward
strides that have been made and on the work that remains to be
done.
NOW, THEREFORE, I, C. Nelson Harris, Mayor of the City of Roanoke,
Virginia, to encourage equal opportunity for all citizens and to recognize
" ' the 2ffn anniversary of the Virginians with Disabilities .4ct and the 15~
anniversary of the dmericans with Disabilities Act, do hereby proclaim
the year 2005 throughout this great alii-America City, as
VIRGINL4NS W1TH DISABILITIES ACT and
AMERICANS WITH DISABILITIES ACT YEAR.
Given under our hands and the Seal of the City of Roanoke this fl. l~eenth day of
July in the year two thousand and
Mary F. Parker
City Clerk
C Nelson Harris
Mayor
ROANOKE CITY COUNCIL
June 6,2005
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
June 6, 2005, at 9:00 a.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapt, er 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
'Regular Meetings, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 36762-070604 adopted by the Council on Tuesday,
July 6, 2004.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr. (arrived late), Brenda
L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr. (arrived late)
and Mayor C. Nelson Harris .......................................... 6.
ABSENT: Council Member Sherman P. Lea ........................ 1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to §2.2-37:[1 (A)(1), Code of Virginia (1950), as amended,
was before the body.
Council Member Cutler moved that Council concur in the request to
convene in Closed Meeting as above described. The motion was seconded by
Council Member McDaniel and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler and Mayor Harris---4.
NAYS: None .................................................. 0.
(Council Member Lea was absent and Vice-Mayor Fitzpatrick and Council
Member Dowe were not present when the vote was recorded.)
COMMITTEES-CITY COUNCIL: A communication from Council Member
Alfred T. Dowe, Jr., requesting that Council convene in a Closed Meeting to
di.scuss the annual performance of three Council-Appointed Officers, pursuant
to Section 2.2-371! (A)(1), Code of Virginia (1950), as amended, was before the
body.
Council Member McDaniel moved that Council concur in the request to
convene in Closed Meeting as above described. The motion was seconded by
Council Member Cutler and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler and Mayor Harris--4.
NAYS: None ................................................. O.
(Council Member Lea was absent and Vice-Mayor Fitzpatrick and Council
Member Dowe were not present when the vote was recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
§2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Council Member McDaniel moved that Council concur in the request to
convene in Closed Meeting as above described. The motion was seconded by
CoUncil Member Cutler and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler and Mayor Harris---4.
NAYS: None .................................................. O.
(Council Member Lea was absent and Vice-Mayor Fitzpatrick and Council
Member Dowe were not present when the vote was recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss the terms of a public contract
where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to §2.2-3711
(A)(3), Code of Virginia (1950), as amended, was before the body.
k:ckwbl\drafts\060605 draft 2
Council Member Cutler moved that Council concur in the request to
convene in Closed Meeting as above described. The motion was seconded by
Council Member McDaniel and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler and Mayor Harris---4.
NAYS: None .................................................. 0.
(Council Member Lea was absent and Vice-Mayor Fitzpatrick and Council
Member Dowe were not present when the vote was recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for
a public purpose where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
§2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Council Member McDaniel moved that Council concur in the request to
convene in Closed Meeting as above described. The motion was seconded by
Council Member Cutler and adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler and Mayor Harris---4.
NAYS: None .................................................. O.
(Council Member Lea was absent and Vice-Mayor Fitzpatrick and Council
Member Dowe were not present when the vote was recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in Closed Meeting to discuss acquisition of real property for a
public purpose where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-37:1! (A)(3), Code of Virginia (1950), as amended, was before the
body.
Council Member McDaniel moved that Council concur in the request to
convene in Closed Session as above described. The motion was seconded by
Council Member Cutler and adopted by the following vote:
k:ckwbl\drafts\060605 draft 3
~,. AYES: Council Members McDaniel, Wishneff, Cutler and Mayor Harris---4.
NAYS: None .................................................. 0.
(Council Member Lea was absent and Vice-Mayor Fitzpatrick and Council
Member Dowe were not present when the vote was recorded.)
At 9:05 a.m., Vice-Mayor Fitzpatrick and Council Member Dowe entered
the meeting.
ITEMS LISTED ON THE 2:00 P. M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P. M.,
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
ITEMS FOR DISCUSSION AT A JOINT MEETING OF COUNCIL AND THE CITY
PLANNING COMMISSION ON TUESDAY, JULY 5, 2005, AT 12:00 P.M.: NONE.
BRIEFINGS:
FLOOD REDUCTION/CONTROL: The City Manager introduced Colonel
Charles R. Alexander, Jr., District Engineer, U. S. Army Corps of Engineers,
Wilmington District, for a briefing on the Roanoke River Flood Reduction
Project.
Colonel Alexander introduced Wayne Bissette, Chief, Engineering; Max
Hromiak, Construction Engineer; and Jan Brodmerkel, Project Manager, U. S.
Army Corps of Engineers, who would answer questions in connection with the
briefing.
Colonel Alexander presented the following project summary:
Project Cost Estimate: $65.3 million
Federal: $45.8 million
Non-Federal - $19.5 million
Real estate and utility relocations - $10.8 million
Cash - $8.7 million
k:ckwb 1\ drafts\060605 draft 4
Major Project Components:
Flood warning system (stream and rain gages) - 1991
Floodproofing Sewage Treatment Plant - 1993
Floodproofing hospital (reimbursement) - 1993
Channel improvements (bench cuts and training walls)
Recreation trail (completed Wasena Park portion)
The following maps were reviewed depicting project limits, recreation
trail and parking area, future construction of bench cuts and estimated stage
reductions.
k:ckwb 1\ drafts \060605 draft 5
N
~ospital
Limits
k:ckwb 1\draft s \060605 draft 6
k:ckwbl~drafts\060605 draft 7
Fiscal year 2005 construction includes the following:
Four bench cuts between the Waste Water Treatment Plant and 9th Street:
Industrial Development, APCO Yard (Roanoke Station), upstream of 13'h
Street and downstream of 13'h Street.
Recreation trail - 900 feet between Franklin Road and the pedestrian
bridge for Victory Stadium.
Landscaping.
Channel snagging and debris removal.
Rip rap for bridges.
k:ckwbl\dra~s\060605 dra~ 8
-,, Colonel Alexander reviewed the following fiscal year 2005 construction
area and bench cut construction area.
k:ckwbl\drafts\060605 draft
Fiscal year 2005 contract status is as follows:
May 25 - concluded negotiations
June 1 - received SBA approval
June 2 - issued Notice in Federal Business Opportunities
June 20 - issue Invitation for Bid
July 20 - open bids
August ! - award contract
August 15 - issue Notice to Proceed
Issues include requested use of continuing contract
approval to carry over funds into fiscal year 2006.
clause
and
k:ckwb ~ \drafts \060605 draft
Fiscal year 2006 construction:
Preparing for fiscal year 2006 construction in fiscal year 2005:
Coordinate with City on contract elements
Request approval for a continuing contract
Preparing plans and specifications
Complete field work for cultural resources
Center upstream of 9t~ Street
site at APCO
Service
City obtains additional disposal areas
Proposed fiscal year 2006 contract elements
Additional bench cuts upstream of 9'~ Street
Recreation trail - between Wastewater Treatment Plant and 9~" Street
Landscaping
Channel snagging and debris removal
Estimated Federal funding:
Through fiscal year 2005 - $17.1 million
Through fiscal year 2006 - $5 million
Through fiscal year 2007 - $8.3 million
Through fiscal year 2008 - $7 million
Through fiscal year 2009 - $6.3 million
Through fiscal year 20].0 - $2.]. million
Total project cost estimate: $65.3 million
Federal: $45.8 million
Non-Federah $].9.5 million
In conclusion, Colonel Alexander advised that there is a commitment to
build both flood reduction and recreation features, the project will reduce
flooding, a contract will be awarded in fiscal year 2005 (continuing contract and
permission to carry over funds), preparation of plans and specifications for
fiscal year 2006, and completion of cultural resource field work for fiscal year
2006 construction contract.
k:ckwbl\drafts\060605 draft I ]
He emphasized that no phase of the project will be left with barren earth
and landscaping will take place in each component; the Corps of Engineers will
work with the City on a more appropriate name for the training wall; training
walls allow admittance to limited areas due to existing structure, and
infrastructure allows for required flood reduction features without further
excavation and acquisition and disposition of existing property; the elevation of
bench cuts is above the current river channel; and it is not intended to alter the
hydrology of the Roanoke River in any respect.
With regard to future development along the Roanoke River, Colonel
'Alexander emphasized the importance of keeping in mind that double handling
of material and time distance in terms of hauling material increases costs; the
Corps of Engineers is a learning organization and has used information from
previous Roanoke flood events to fine tune plans and specifications for the
Roanoke River Project. He assured Council of the personal and organizational
commitment to complete the project; currently, the Corp's civil works budget is
flat, this year the Wilmington District received approximately $20 million more
than last year, and he remains optimistic that the flow of dollars through 2010
will continue, however, of paramount importance is the continuing strong
relationship and support of Congressional representatives.
The City Manager inquired as to any actions that the City could take to
ensure that the project moves forward; whereupon, Colonel Alexander spoke to
the importance of maintaining continuing communication with Congressman
Bob Goodlatte. He stated that during his visit to Roanoke in September 2004,
as the flood waters were cresting, he suggested that the City capture the event
through photographs, and measure damage in order to keep the issue at the
forefront with the City's Congressional delegation and with the Governor. He
added that the projects that tend to fair the best are those where all parties
speak with one voice so that the message is not watered down or filtered by the
time it reaches Congress.
Discussion centered around future development of the Roanoke River; the
Roanoke River is an environmental gem for the City of Roanoke; landscaping
issues; a greenway trail from the City of Salem to Roanoke County through the
City of Roanoke and Explore Park as soon as possible as the primary recreation
trail in the region; and protection of the Roanoke log perch.
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On behalf of the Members of Council and the City administration, the
Mayor expressed appreciation to Colonel Alexander for his presentation.
CITY MARKET:
The City Manager advised that inasmuch as Advantis Real Estate Services
Company is no longer the management entity for the City Market Building, it is
impractical for the City to enter into a short term management agreement with
another management company; therefore, City staff, specifically, the
Department of Economic Development, will be responsible for managing the
'operation of the City Market Building on a temporary basis. She called upon R.
Brian Townsend, Acting Director of Economic Development, for a status report.
Mr. Townsend advised that:
The transition from operating under Advantis Real Estate Services
Company to the City's Department of Economic Development will
involve the handling of lease renewals and the leasing of space by
Economic Development staff for the foreseeable future.
City Staff will meet with City Market Building tenants to review
current leases on a provision by provision basis to ensure that there
is an understanding of obligations in terms of payment, fees, etc.
City Staff will work in conjunction with the Purchasing Department to
ensure a smooth transition, to retain vendors and to maintain
business relationships.
With the coming of the new art museum on the viaduct parking lot,
operational changes were necessary to remove the Market Building
dumpster.
The Market Building Tenants Association is working toward
incorporation and prior to this time, tenants were paying $50.00 per
month per tenant that went into a market building fund.
Turnover in the Market Building has been Iow, with no new tenants
since 2002; the oldest tenant has operated in the building for 19
years, the newest tenant has occupied the building for three years,
and the average length of stay is approximately ten years.
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Delinquency of rental payments has been an issue ($47,000.00 -
$48,000.00 in December 2004), with three to four tenants
comprising the bulk of delinquencies. All tenants who were
delinquent in their payments have now been placed on a payment
plan and it is anticipated that all tenants will be in compliance by
September, 2005.
The majority of leases will expire on or about the same time;
average square footage is 457 square feet at $35.00 per square
foot; 12 leases will expire in the foreseeable future, five leases have
currently expired, and staff will focus on the next critical issue of
devising a standard lease document in a simplified format.
Food court and non food court tenants pay a standard Common Area
Maintenance (CAM) fee per month and it is important to establish
the CAM fee at a rate that covers the reasonable cost of operating
the Market Building.
Currently, approximately 1900 square feet of vacant leaseable space
is available that could accommodate four additional tenants.
· The third floor will require structural improvements.
Anita Wilson, President, City Market Building Tenants Association, was
requested to provide a status report on incorporation of the Tenants
Association; whereupon, she advised that the Tenants Association anticipates
receipt of the Articles of Incorporation this week and it is anticipated that all
required transactions will be completed in approximately 45 days.
Mr. Townsend was requested to give an update on the City Market study;
whereupon, he advised that seven firms responded to the Request for
Proposals, interviews were conducted and the preferred consultant was
selected, the final detailed scope of work and study schedule has not been
received from the consultant, and a July i start date for the study is anticipated.
The City Manager advised that because the contract has not been
executed with the consultant, the name of the consulting firm cannot be
revealed, however, the firm has considerable background and experience in the
field, and following execution of the contract, all stakeholders will be given an
opportunity to provide input.
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.... Council Member Wishneff suggested that representatives of the
consulting firm be invited to attend the Council's 9:00 a.m., work session on
Tuesday, July 5, 2005.
There was discussion with regard to City Market Building lease renewals
which will require approval by Council; the exclusivity clause; extended
hours/Sunday hours of operation; revenues and expenses and the need for the
City to subsidize City Market Building operations. The Director of Finance
advised that the City's General Fund budget included a $35,000.00 subsidy for
the City Market, and vendors and market operations generate $61,000.00 in
direct taxes to the City; i.e.: meals tax, sales tax and business license tax.
Question was raised as to whether the City will engage the services of a
management firm to operate the City Market building, or will the building be
operated by the City; whereupon, the City Manager advised that operating the
City Market Building on a permanent basis is not an activity that the City should
engage in.
Mr. Townsend reviewed the following charts with regard to lease
commencement by year, average tenancy of current tenants, delinquent rent
from May 2004 to May 2005, lease expirations by year from 2003 - 2Oll,
average square feet of current tenants (475 square feet), average base rent per
square foot ($34.72), and the status of current leases.
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· Current Leases
· Expired Leases
He advised that a standard lease document will be prepared in a
simplified format with provisions that address lease rate and term, exclusivity
clause, Common Area Maintenance Fee, late fees, holdover terms and default of
lease.
Mr. Townsend reviewed a chart demonstrating revenues versus expenses
from April 2004 to April 2005, showing average monthly revenue at
$20,276.00 and average monthly expenses at $29,101.00. He advised that the
Economic Development Department will work with the Purchasing Department
to utilize established master contracts and place new vendors on City contracts;
maintenance issues include the HVAC maintenance contract, reviewing
maintenance needs and evaluating new approaches to day-to-day maintenance
needs, and the Department of Economic Development will serve as liaison for
operational issues. He noted that future investment requirements for the City
Market Building include an upcoming roof replacement project and
identification and prioritization of additional capital improvements which are
subject to the upcoming Market area study.
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CENTRAL ROANOKE MOBILITY STUDY (I-581/220 CORRIDOR) OVERVIEW:
TRAFFIC-STATE HIGHWAYS: Kenneth H. King, Jr., Transportation Division
Manager; Paul Anderson, representing Hayes, Seay, Mattern and Mattern; and
Michael Gray, representing the Virginia Department of Transportation,
participated in the briefing.
Mr. Anderson presented the following summary study scope:
Hayes, Seay, Mattern and Mattern has contracted with VDOT to provide a
'transportation planning needs study within the 1-581/220 Corridor from north
of the Orange Avenue Interchange to south of the Won.iu Street Interchange,
based on short-term, mid-term and long-term conditions, and to develop
solutions that are compatible with local community goals, environmentally
sound, economically feasible and with minimized adverse impacts upon the
community. Engineering and Planning staff from the City of Roanoke will be
heavily involved and will serve on the Study Steering Committee.
The scope of work shall generally consist of the following:
Examine existing (2004) multi-model transportation inventory and travel
data for the delineated study, including collection of necessary data not
provided.
Update and expand the City of Roanoke Synchro Traffic Model to
include current traffic volumes.
Access travel deficiencies in the Corridor based on accident analysis
and capacity analysis (i.e. Level of Service.)
Determine anticipated changes in land use for the mid-term (2015)
and long-term (2025) phases; impacts upon the transportation
network; multi-model operational improvements needed (short-term
only); capital-intensive roadway improvements needed; community, study
network and environmental impacts; impacts upon other modes; and
planning level cost.)
k:ckwbl\drafts\060605 draft 23
Estimates and prioritization of needs (each by phase).
Prepare study recommendation graphics.
Include community input throughout the study process.
Coordinate with DOT and City of Roanoke officials.
Make presentations to stakeholders, City Council members and
citizens.
Publish a report and technical documents.
Hayes, Seay, Mattern and Mattern will be teamed with Michael Baker, Jr.,
Inc., to provide travel modeling, forecasting and engineering support. John
Lambert and Associates will assist with public and media relations and public
involvement. One of the early study tasks will be contacting stakeholders to
invite their participation throughout the study and to solicit their initial
thoughts about the current facility and their suggestions for areas that the
study should address.
The total budget for the study is approximately $300,000.00. The study
will build on and draw from earlier studies, but will be focused on developing
workable improvement concepts. It will not produce design documents, but
should help in setting budgets and priorities for design projects that are a likely
outgrowth of the study recommendations.
The study kickoff meeting was held on April 19. The study is expected to
be completed in late summer of 2006. Stakeholder interviews will begin in mid
May. An initial briefing of Council has been tentatively scheduled for June 6
and the first stakeholder meeting will be held on June 8.
A generalized project schedule is as follows:
Hold kick-off meeting - April 2005
Obtain base mapping/photography - May, 2005
Collect supplemental traffic data - May/june 2005
Hold first stakeholder meeting -June 2005
Update Synchro traffic model -June/July 2005
k:ckwbl\drafis\060605 dra~ 24
Develop short term improvement options -July-October, 2005
Forecast future traffic using tp+travel demand model -July - Sept, 2005
Hold initial citizen involvement meeting - September 2005
Develop improvement options in September - November, 2005
Hold Council briefing - November 2005
Hold second stakeholder meeting - November 2005
Refine and screen improvement options - December 2005 - February
2006
Prepare budgetary construction cost estimate - January- March 2006
Prepare and distribute draft report - March -June 2006
Hold final citizen information meeting -June 2006
Prepare and distribute final report - July- August, 2006
Mr. Gray advised that VDOT has participated with the City from the
beginning, the project will enhance ingress and egress to downtown Roanoke
and the multi-faceted study will allow VDOT to program funds.
Mr. King advised that the goal of the study is to develop interim, short
term and long term improvements and to improve access to the Riverside
Center, and Council will receive another briefing at mid point in the study
process.
Space assignment- Municipal North:
MUNICIPAL BUILDING-HOUSING/AUTHORITY: The City Manager advised
that when assigning space in Municipal North, first priority was given to those
City functions that are currently housed in leased locations off site from the
Municipal Building. She state that in view of a recent communication from Ben
J. Fink, Chair, Roanoke Redevelopment and Housing Authority (RRHA), with
regard to an interest by the Housing Authority to relocate its administrative
offices to Municipal North, it is appropriate to brief the Members of Council on
the proposed allocation of space in Municipal North. She added that the RRHA
has agreed to engage the services of Hayes, Seay, Mattern and Mattern to
prepare a space analysis report, and City staff recently met with John R. Baker,
Executive Director, and Earl B. Reynolds, Jr., Deputy Executive Director, RRHA,
to review two options for space allocation in Municipal North.
(See building diagrams on file in the City Clerk's Office.)
As a part of the discussion, the City Manager advised that the Housing
Authority has requested 15,000 square feet of office space, and construction
costs would be borne by the City of Roanoke, with a goal of keeping costs at
approximately $35.00 per square foot.
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Council Member Wishneff inquired if the project could be done as a
Commonwealth of Virginia Historic Tax Credit Project; what is the status of the
study by the Commonwealth of Virginia that includes certain occupants of the
Commonwealth Building and how will the building be used in the future; when
will the Carillon Biomedical Institute move from the downtown location; does
the City have a theoretical commitment in connection with the RNDC building;
and what is the status of discussions with the School Board regarding relocation
of school administrative offices to downtown Roanoke.
The City Manager advised that the School Board has requested that a
Council/School Board retreat be scheduled in early fall at a time following the
School Board's retreat.
Following discussion of the matter, the City Manager was requested to
submit a recommendation whereupon, she requested the concurrence of
Council to ask the Roanoke Redevelopment and Housing Authority to occupy
space on the third floor of Municipal North to be shared with the Department of
Housing and Neighborhood Services, with the balance of space to be located on
the first floor of the building; and that the Campbell Avenue entrance will not
be opened to the public initially, with the understanding that the option will be
open for future discussion.
Inasmuch as no objection was expressed by the Council, the City
Manager advised that City staff would proceed as above referenced to allocate
space in Municipal North to the Roanoke Redevelopment and Housing Authority
and Hayes, Seay, Mattern and Mattern would continue to work on a space
analysis study.
FLOOD REDUCTION/CONTROL-COUNCIL: In the interest of time, the City
Manager advised that the briefing on the Upkeep of the Roanoke River would be
postponed until the regular meeting of Council on Monday, June 20, 2005.
At 11:45 a.m., the Mayor declared the Council meeting in recess to be
immediately reconvened in Closed Session in the Council's Conference Room,
Room 451, Noel C. Taylor Municipal Building.
At 2:00 p.m., on Monday, June 6, 2005, the Council meeting reconvened
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor C. Nelson
Harris presiding.
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~" PRESENT: Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council Members
Brenda L. McDaniel, Brian J. Wishneff (arrived late), M. Rupert Cutler, Alfred T.
Dowe, Jr., and Mayor C. Nelson Harris .................................. 6.
ABSENT: Council Member Sherman P. Lea .......................... 1.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT: On June 30, 2005, following more than 24
years of service to the City of Roanoke, George C. Snead, Jr., Assistant City
Manager for Operations, will retire; whereupon, Council Member Cutler offered
the following resolution:
(#37069-060605) A RESOLUTION paying tribute to George Carpenter
"Chip" Snead, Assistant City Manager for Operations for the City of Roanoke,
and expressing to him the appreciation of this City and its people for his
exemplary public service.
(For full text of resolution, see Resolution Book 69, Page 413.)
Council Member Cutler moved the adoption of Resolution No. 37069-
060605. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
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The Mayor and Members of Council commended' Mr. Snead for his
service to the citizens of the City of Roanoke and advised that a reception
would be held in his honor at 4:00 p.m., on Monday, June 6, 2005, at the
Jefferson Center.
The Mayor presented a crystal star to Mrs. Snead.
Mr. Snead advised that public service is a special calling; the City of
Roanoke is a unique community, and he encouraged elected and administrative
officials to build on Roanoke's strengths in order to maintain its uniqueness.
'He expressed appreciation for the opportunity to be a part of the City of
Roanoke's service to its citizens.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
April 18, 2005, and recessed until Thursday, April 28, 2005, were before the
body.
Vice-Mayor Fitzpatrick moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded. The motion was
seconded by Council Member Dowe and adopted by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.)
AIRPORT-CITY COUNCIL: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, June 20, 2005,
at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
proposed conveyance of property rights to the Roanoke Regional Airport
Commission, was before the body.
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Vice-Mayor Fitzpatrick moved that Council concur in the request. The
motion was seconded by Council Member Dowe and adopted by the following
vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ....................................... 6.
NAYS: None ................................................. 0.
(Council Member Lea was absent.)
AUDIT COMMI-I-rEE: Minutes of a meeting of the Audit Committee which
was held on Monday, May 2, 2005, were before the body.
Vice-Mayor Fitzpatrick moved that the minutes be received and filed.
The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member lea was absent.)
LIBRARIES: A communication from Samuel G. Oakey, III, tendering his
resignation as a member of the Roanoke Public Library Board, was before
Council.
Vice-Mayor Fitzpatrick moved that the resignation be accepted and that
the communication be received and filed. The motion was seconded by Council
Member Dowe and adopted by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
k:ckwbl\drafts\060605 draft 29
~" COMMI-I-rEES-COMMUNITY PLANNING-YOUTH-FIFTH PLANNING DISTRICT
COMMISSION-WATER RESOURCES: A report of qualification of the following
persons was before Council:
The Honorable M. Rupert Cutler as a member of the Roanoke Valley
Area Metropolitan Planning Organization for a term ending June 30,
2008; and as a member of the Roanoke Valley Allegheny Regional
Commission for a term ending June 30, 2008;
Robert H. Logan, III, as a member of the Roanoke Valley Allegheny
Regional Commission, to fill the unexpired term of Jennifer L.
Pfister, resigned, ending June 30, 2006;
Aaron Ewert, Sherman P. Lea, Jr., and Antwan Lawton as members
of the Youth Services Citizen Board, for terms ending May 31,
2008; and
John B. Williamson, III, as a member of the Board of Directors,
Western Virginia Water Authority, to fill the unexpired term of
George W. Logan, resigned, ending March 1, 2008.
Vice-Mayor Ftizpatrick moved that the report of qualification be received
and filed. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.)
REGULAR AGENDA
PUBLIC HEARINGS:
BUDGET-HUMAN DEVELOPMENT: Pursuant to instructions by the Council,
the City Clerk having advertised a public hearing for Monday, June 6, 2005, at
2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to
adjust the Fiscal Year 2004-2005 General Fund budget, in connection with
appropriation of funds for Social Service/Human Service programs, the matter
was before the body.
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-" Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 27, 2005.
The City Manager submitted a communication advising that the
Department of Social Services experienced an increase in demand for the
following services over the past year: Fuel Assistance, Auxiliary Grant, Refugee
Resettlement, Foster Care, Adoption, Day Care and Food Stamp; certain of the
programs are mandated by the State; additional Federal and State funding was
allocated by the State with only Fuel Assistance and Day Care requiring local
funds; the agency also experienced an increase in operating expenditures,
partly due to under-projecting costs relative to occupancy of a new facility; and
additional funds for operating costs provided by the State also requires a local
match.
It was further advised that the Comprehensive Services Act (CSA), which
was established in 1993, provides for out-of-home services to troubled and at-
risk youth and their families through a collaborative system of State and local
agencies, parents and private sector providers; services include mandated
foster care, certain special education services and foster care prevention; and
CSA also provides services to certain targeted non-mandated populations.
It was explained that the City of Roanoke will receive additional funding
for Fuel Assistance, Auxiliary Grant, Refugee Resettlement, Foster Care,
Adoption, Day Care and Food Stamp programs for fiscal year 2005 in the
amount of $1,927,010.00; Auxiliary Grant and Day Care programs totaled
$810,000.00 which included a required match of $80,169.00; $10,000.00 of
the required local funds will be provided from the Emergency Relief program
which is 100 per cent local funds; additional funds for operating expenditures
totaled $49,000.00; $24,771.00 will be reimbursed by the State with a
$24,229.00 local match; and the number of citizens requiring assistance and
the cost of providing services continues to increase.
It was further explained that CSA expenditures are projected at
$10,650,000.00 for fiscal year 2005; expenditures exceed the CSA fiscal year
2005 appropriation of $9,011,779.00 by $1,638,221.00 and require
appropriation of additional local funds in the amount of $503,261.00;
additional funds are intended to cover mandated services for at-risk youth; and
CSA has experienced an increase in the number of youths requiring higher cost
services.
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The City Manager recommended that Council increase General Fund
revenue estimates by $1,$71,612.00, transfer $104,398.00, appropriate
$1,976,010.00 for Social Services, increase General Fund revenue estimates by
$1,134,960.00, transfer $503,261.00, and appropriate $1,638,221.00 for the
Comprehensive Services Act.
Council Member Cutler offered the following budget ordinance:
(#37070-060605) AN ORDINANCE to appropriate funding for, the
Department of Social Services and Comprehensive Services Act, amending and
'reordaining certain sections of the 2004-2005 General Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 414.)
Council Member Cutler moved the adoption of Ordinance No.
37070-060605. The motion was seconded by Vice-Mayor Fitzpatrick.
The Mayor inquired if there were persons in attendance who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 37070-060605 was adopted by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe, and Mayor Harris ....................................... 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.)
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
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BUDGET-DISABILITY SERVICES BOARD: The City Manager submitted a
communication advising that the Fifth Planning District Commission Disability
Services Board (DSB) is responsible to local governments and serves as a critical
resource for needs assessment, information sharing and service opportunities
for citizens with disabilities, their families and the community; the following
jurisdictions in the Fifth Planning District have enacted resolutions establishing
participation in a regional effort and appointed a local official to serve: the
Cities of Roanoke, Salem, and Covington; the Counties of Roanoke, Craig,
Botetourt, and Alleghany and the Towns of Clifton Forge and Vinton; other
members of the DSB include representatives from business and consumers; and
'the City of Roanoke serves as fiscal agent for the Fifth Planning District
Disabilities Services Board.
It was further advised that the State Department of Rehabilitative Services
has allocated funds in the amount of $14,800.00 for a one-year period to
continue local staff support for administration of the Fifth District DSB.
The City Manager recommended that she be authorized to enter into a
contract with existing DSB staff support to continue the provision of local
administrative support; and that $14,800.00 be appropriated to a Grant Fund
account to be established by the Director of Finance and that a corresponding
revenue estimate be established in the Grant Fund.
Council Member McDaniel offered the following budget ordinance:
(#37071-060605) AN ORDINANCE to appropriate funds for the Fifth
District Disability Service Board Grant, amending and reordaining certain
sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 416.)
Council Member McDaniel moved the adoption of Ordinance No. 37071-
060605. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
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Vice-Mayor Fitzpatrick offered the following resolution:
(#37072-060605) A RESOLUTION authorizing the City Manager to enter
into a contract with the Fifth Planning District Commission Disability Services
Board ("DSB") staff to provide continuing local administrative staff support,
upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 69, Page 417.)
Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37072-
060605. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the Human Services Advisory Board budget in the
amount of $561,982.00 was established by Council with adoption of the
General Fund budget for fiscal year 2005-06; requests from 40 agencies
totaling $1,002,302.00 were received; Advisory Board members studied each
application prior to allocation meetings which were held on March 23 and
March 30, 2005; and agencies were notified of tentative allocations and advised
that they could appeal the recommendations of the committee.
It was further advised that appeals of Advisory Board recommendations,
as provided by policy, were received after notification to each agency of the
tentative recommended allocation; appeals were filed and heard on April 13,
2005 from the following agencies: Roanoke Valley CASA, Brain Injury Services of
Southwest Virginia, Adult Care Center, Inner City Athletic Association, and Blue
Ridge Independent Living Center; after hearing the appeals, $5,000.00 was
allocated to the Inner City Athletic Association and the funds will be transferred
from the City Manager's Contingency budget, for a total available budget of
$566,982.00; no other adjustments were made to recommended allocations;
and performance audits will be conducted by the Council of Community
Services to evaluate the effectiveness and efficiency of all funded programs.
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The City Manager recommended that she be authorized to execute the
required contracts; that Council transfer $5,000.00 from the City Manager's
Contingency, Account No. 001-300-9410-2199, to the Human Services
Advisory Board, Account No. 001-630-5220-3700; and that Council transfer
$566,982.00 from the Human Services Advisory Board, Account No. 001-630-
5220-3700, to new line items to be established in the Human Services Advisory
Board budget by the Director of Finance.
Council Member Dowe offered the following budget ordinance:
(#37073-060605) AN ORDINANCE to appropriate funding to the Human
Services Committee, amending and reordaining certain sections of the 2005-
2006 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 418.)
Council Member Dowe moved the adoption of Ordinance No. 37073-
060605. The motion was seconded by Council Member Cutler and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
Council Member Dowe offered the following resolution:
(#37074-060605) ARESOLUTION concurring in the recommendations of
the Human Services Advisory Board ("Board") for allocation of City funds to
various nonprofit agencies and performance audits for Fiscal Year 2005-2006;
authorizing the City Manager or her designee to execute any required contracts
with the qualified agencies for provision of services, and to execute a contract
with the Council of Community Services to perform the necessary audits to
evaluate the effectiveness and efficiency of all funded programs.
(For full text of resolution, see Resolution Book No. 69, Page 420.)
k:ckwb 1\ drafts\060605 draft 35
~" Council Member Dowe moved the adoption of Resolution No. 37074-
060605. The motion was seconded by Council Member McDaniel and adopted
by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.)
BUDGET-ROANOKE ARTS COMMISSION: The City Manager submitted a
communication advising that the Roanoke Arts Commission Agency Funding
Advisory Committee budget, in the amount of $335,512.00, was established by
Council with adoption of the General Fund budget for fiscal year 2005-06; the
total represents an increase in funding of $6,580.00, or two per cent for the
Committee as recommended to Council in February 2005; requests from 18
agencies, totaling $570,747.00 were received; committee members studied
each application prior to the allocation meeting which was held on March 21,
2005; agencies were notified of tentative allocations and advised that they
could appeal the recommendations; and one appeal was filed by the Virginia
Museum of Transportation; however, no changes were recommended by the
Committee.
The City Manager recommended that Council transfer $335,512.00 from
the Roanoke Arts Commission Agency Funding Advisory Committee, Account
No. 001-310-5221-3700, to new line items to be established by the Director
of Finance within the Roanoke Arts Commission budget.
Council Member Dowe offered the following budget ordinance:
(#37075-060605) AN ORDINANCE to appropriate funding to the Human
Services Committee, amending and reordaining certain sections of the 2005-
2006 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 421.)
Council Member Dowe moved the adoption of Ordinance No. 37075-
060605. The motion was seconded by Vice-Mayor Fitzpatrick.
k:ckwbl\drafts\060605 draft
~,' In the future, Council Member Wishneff suggested that recommendations
of the Roanoke Arts Commission Agency Funding Committee be reviewed at the
Council's budget study work sessions which will allow more opportunity for
discussion and input by Council Members.
Council Member Cutler advised that Council delegated the Roanoke Arts
Commission with the responsibility of reviewing and submitting
recommendations with regard to funding allocations for certain cultural service
organizations. He stated that he was not enthusiastic about the prospect of
Council involving itself in the annual list of funding allocations recommended
by the Arts Commission and suggested that Mr. Wishneff engage in a personal
discussion with the Chair of the Arts Commission, or attend a meeting of the
Arts Commission.
Ordinance No. 37075-060605 was adopted by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.)
BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a
communication advising that Rosser International, Inc., was selected to perform
design services for the proposed expansion of the Civic Center facilities; Phase
II expansion will provide for a new exhibit hall, truck marshalling area and other
associated improvements to the existing facility; the original agreement with
Rosser International, in the amount of $815,000.00, has been amended on six
occasions, bringing the current total contract amount to $],008,515.36; the
initial agreement with Rosser International provided only design services and
did not include bidding and construction phase services; and proposed
Amendment No. 7 will provide for services required to support construction
activities, provide for special inspections, reports required by the building code,
and miscellaneous design services.
It was further advised that City staff has negotiated an agreement with
Rosser International to provide the services at a fee of $322,806.00; total
consultant fees for the project are appropriate for the value of the construction
contract; since the amount exceeds 25 per cent of the original contract amount,
approval by Council is required; and funds are available in Civic Center
Expansion/Renovation Phase II, Account No. 00S-550-8616, for the contract
amendment.
k:ckwb].\draft s \ 060605 draft 3'/
The City Manager recommended that she be authorized to execute
Amendment No. 7, in the amount of $322,806.00, with Rosser International,
Inc., for the above referenced additional work.
Council Member Dowe offered the following resolution:
(#37076-060605) A RESOLUTION authorizing the City Manager's
issuance and execution of Amendment No. 7 to the City's contract with Rosser
International, Inc., for additional professional services during the construction
phase of the Roanoke Civic Center Expansion and Renovation Project - Phase II
Improvements.
(For full text of resolution, see Resolution Book No. 69, Page 422.)
Council Member Dowe moved the adoption of Resolution No. 37076-
060605. The motion was seconded by Vice-Mayor Fitzpatrick.
Council Member Dowe requested a briefing on the status of the Civic
Center expansion project; whereupon, the City Manager advised that there have
been no major changes in the project; however, a Council briefing would be
scheduled at a future Council meeting.
Council Member Wishneff advised that in hind sight, it would have been
preferable to use the tax increase at the Civic Center to fund one year of debt
service and to use remaining debt service to fund operations, which would build
trust within the community. Secondly, in view of the large sum of money
involved, he inquired if the work was rebid.
The City Manager responded that this is the original contract with Rosser
International, the full amount of the contract was not appropriated and
appropriations occur at different stages in the contract. She stated that the
request currently before the Council addresses architectural and engineering
services which are not in any greater amount than were originally anticipated as
the full amount for architectural and engineering services.
Resolution No. 37076-060605 was adopted by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
k:ckwb 1\drafts \060605 draft
BUDGET-COMMONWEALTH'S ATTORNEY-STATE COMPENSATION BOARD:
The City Manager submitted a communication transmitting a request of the
Commonwealth's Attorney for acceptance of reallocated funds from the
Compensation Board.
The Commonwealth's Attorney advised that the Compensation Board has
made funds available to be allocated toward contractual obligations for certain
Commonwealth's Attorneys who have indicated that funds were needed; the
Compensation Board approved a request for four desktop computers, eight
laptop computers, ten printers, one shredder, one copier and one fax machine,
'and allocated funds, in the amount of $26,818.00, toward purchase of the
equipment; a local match of $3,782.00 will be required, for a total of
$30,600.00; the local match will be provided from the Forfeited Criminal Assets
account; and acceptance of the funds makes sound financial sense for both the
Office of the Commonwealth's Attorney and the City of Roanoke.
The Commonwealth's Attorney recommended that Council accept funds
from the Compensation Board, in the amount of $26,818.00, from funds re-
appropriated by the Governor to be used for equipment for the Office of
Commonwealth's Attorney; that Council adopt an ordinance to establish a
revenue estimate in the amount of $26,818.00, transfer $3,732.00 from
Forfeited Criminal Assets, Account No. 035-150-5140-2030, and appropriate
$30,600.00 to expenditure accounts to be established in the Grant Fund by the
Director of Finance.
The City Manager recommended that Council concur in the
recommendation of the Commonwealth's Attorney and that Council accept
funds from the Compensation Board Technology Trust Fund.
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#37077-060605) AN ORDINANCE to appropriate funding from the
Compensation Board for equipment replacement for the Commonwealth's
Attorney, amending and reordaining certain sections of the 2004-2005 Grant
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 423.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37077-
060605. The motion was seconded by Council Member Dowe and adopted by
the following vote:
k:ckwbl\drafts\060605 draft 39
.... AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.)
BUDGET-WATER RESOURCES-STREETS AND ALLEYS: The City Manager
submitted a communication advising that during creation of the Western
Virginia Water Authority (WVWA), the City of Roanoke agreed to assist the
WVWA with repair of utility cuts by including repair cuts as part of the City's
annual paving contract; the WVWA agreed to reimburse the City for all costs
associated with the work; assistance provided the WVWA with additional time to
properly plan, solicit, and contract for services; the WVWA now holds contracts
for the work and will contract the repairs without the City's assistance in the
future; the Water Authority will issue payment to the City in the amount of
$273,380.35 for reimbursement of utility cut repair work performed under the
City's recently completed paving program; and the adopted revenue estimate
for the service was $87,000.00 which will result in revenue of $186,380.00
above the original estimate.
It was further advised that the current revenue estimate for State funding
of street maintenance is $9,726,000.00; however, State adjustments in street
maintenance payments resulted in an increase of $109,000.00, bringing the
revised estimate to $9,835,000.00.
The City Manager recommended that Council adopt an ordinance to
increase the revenue estimates for street maintenance by $295,380.00 in
response to a $186,380.00 increase in revenue from the Western Virginia Water
Authority, and a $109,000.00 increase in revenue from the State for street
maintenance; and appropriate said funds to Transportation Division Street
Paving, Account No. 001-530-4120-2010.
Council Member Dowe offered the following budget ordinance:
(#37078-060605) AN ORDINANCE to appropriate funding for Street
Paving, amending and reordaining certain sections of the 2004-2005 General
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 424.)
Council Member Dowe moved the adoption of Ordinance No. 37078-
060605. The motion was seconded by Vice-Mayor Fitzpatrick.
k:ckwb l\d raft s \060605 draft 40
.... The City Manager was requested to explain the relationship between the
City of Roanoke and the Western Virginia Water Authority relative to the above
referenced recommendation; whereupon, she responded that the Western
Virginia Water Authority previously contracted with the City to perform street
improvements, therefore, City revenues will be increased in order to accept
payment from the Water Authority; and in the future, the Water Authority plans
to handle a great deal of the work. In summary, she stated that the Western
Virginia Water Authority has contracted with both the City of Roanoke and the
County of Roanoke for certain services, whether they be technology, or payroll,
or financial services, and the item under consideration is another service or
activity that the Water Authority contracted with the City as the entity prepared
to take on its full responsibilities.
Ordinance No. 37078-060605 was adopted by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
BUDGET-YOUTH: The City Manager submitted a communication advising
that the City of Roanoke Outreach Detention/Electronic Monitoring Program
provides court-ordered, pre-dispositional, intensive supervision of juveniles
living within the community; program services are provided to juveniles who
reside in the City of Roanoke and other jurisdictions such as Roanoke County,
Botetourt, City of Salem, Craig County, and AIleghany County; each outside
jurisdiction pays for services provided; the fiscal year 2004-2005 revenue
estimate for Outreach Detention/Electronic Monitoring Services is $35,000.00;
and it is anticipated that actual revenue will exceed the estimate in the amount
of $16,000.00.
It was further advised that in accordance with State mandates, all
program revenue must be used for services that are specifically outlined in the
Board approved VJCCCA plan; and excess revenue must be appropriated for
program activities.
k:ckwbl\drafts\060605 draft 41
The City Manager recommended that Council adopt an ordinance to
increase the General Fund revenue estimate by $16,000.00 in Account No. 001-
110-1234-1310 and appropriate $16,000.00 to the following accounts:
001-631-3330r1004 Temporary Wages $11,800.00
001-631-3330-2021 Cell Phone $ 2,135.00
001-631-3330-2030 Administrative Supplies $ 1,265.00
001-631-3330-2066 Program Activities $ 500.00
001-631-3330-2111 Drug Tests $ 300.00
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#37079-060605) AN ORDINANCE to appropriate funding for the
Outreach Detention/Electronic Monitoring Program, amending and reordaining
certain sections of the 2004-2005 General Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 425.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37079-
060605. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
BUDGET-RAIL SERVICE: The City Manager submitted a communication
advising that Johnstown America Corporation previously announced
establishment of operations in the former Norfolk Southern East End Shops to
produce railroad freight cars; subsequent to the announcement, FreightCar
Roanoke, Inc., was created to conduct the Roanoke operations; and FreightCar
Roanoke, Inc., is an affiliate company of Johnstown America Corporation.
k:ckwb 1\ drafts \060605 draft 42
~,. It was further advised that as a condition of expansion, the City, on
behalf of Johnstown America Corporation, requested a Governor's Opportunity
Fund (GOF) grant of $200,000.00; the Commonwealth of Virginia has awarded
the $200,000.00 GOF grant based on the City contributing an equal amount as
match; the City's local match requirement will be an appropriation of
$200,000.00 to the Industrial Development Authority of the City of Roanoke,
Virginia (IDA); the IDA will grant to FreightCar Roanoke, Inc., the GOF monies
and $135,000.00 of City match to assist with improvements and equipment,
plus up to $65,000.00 of City match in job training grants, ($1,000.00 per City
resident hired to work at a permanent, full-time position); FreightCar Roanoke,
Inc., will create at least 400 jobs while investing at least $5,545,000.00 in
improvements and equipment by April 30, 2008; conditions that have been
agreed to are set out in a Performance Agreement; the Performance Agreement
for FreightCar Roanoke, Inc., requires pay back of the GOF monies and part of
the City's match if FreightCar does not complete its obligations; and funding
for the $200,000.00 match from the City is available in the Economic and
Community Development Reserve in the Capital Projects Fund.
The City Manager recommended that she be authorized to enter into a
Performance Agreement with FreightCar Roanoke, Inc., and the Industrial
Development Authority of the City of Roanoke, Virginia, the form of such
Performance Agreement to be approved by the City Attorney; that the City
Manager be further authorized to take such actions and to execute such
documents as necessary to implement and administer the Performance
Agreement, including a request for, and acceptance of GOF monies above
referenced; that Council adopt a budget ordinance establishing a revenue
estimate of $200,000.00 in the Capital Projects Fund for funding from the GOF,
appropriate $200,000.00 in matching funds from the City's Economic and
Community Development Reserve, and appropriate a total of $400,000.00 to an
expenditure account to be established by the Director of Finance in the Capital
Projects Fund entitled, "FreightCar Roanoke Development Project".
Vice-Mayor Fitzpatrick offered the following budget ordinance:
(#37080-060605) AN ORDINANCE to appropriate Governor's Opportunity
and local match funding for the FreightCar Roanoke Development Project,
amending and reordaining certain sections of the 2004-2005 Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 425.)
k:ckwbl\drafts\060605 draft
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37080-
060605. The motion was seconded by Council Member Cutler and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None ............................................... -,--0.
'(Council Member Lea was absent.)
Vice-Mayor Fitzpatrick offered the following ordinance:
(#37081-060605) AN ORDINANCE authorizing the proper City officials to
execute a Performance Agreement among the City of Roanoke (City), the
Industrial Development Authority of the City of Roanoke, Virginia (IDA), and
FreightCar Roanoke, Inc. (FCR), that provides for certain undertakings by the
parties in connection with certain investments and job creation by FCR and/or
its affiliates to take place in the City of Roanoke at the former Norfolk Southern
East End Shops; authorizing the proper City officials to obtain and accept a
grant or donation from the Governor's Opportunity Fund (GOF) in an amount up
to $200,000.00 to be used for an IDA grant to FCR; to provide for the
appropriation of up to $200,000.00 by the City to the IDA for grants to FCR for
the purposes of economic development, as further set forth below; and
dispensing with the second reading by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 426.)
Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37081-
060605. The motion was seconded by Council Member McDaniel and adopted
by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
k:ckwbl\drafts\060605 draft 44
ECONOMIC DEVELOPMENT-HOUSING/AUTHORITY: The City Manager
submitted a communication advising that Ordinance No. 36927-122004
adopted by Council on December 20, 2004, authorized execution of an
Agreement between the City of Roanoke and Colonial Green, L.C. for
development of Colonial Green, and the conveyance in phases of approximately
23 acres of City property on Colonial Avenue in exchange for development and
creation of a mixed density traditional neighborhood design and layout
consistent with the City's Vision 2001-2020 Comprehensive Plan, among other
things, upon certain terms and conditions as set forth in the Agreement.
It was further advised that subsequent to execution of the Agreement,
and as an outcome of the rezoning process, minor changes were required to
the phasing plan and development pattern book that was incorporated by
reference as exhibits in the original development Agreement; with the changes,
such items are now inconsistent with references contained in the original
Agreement, therefore, the Agreement needs to be amended in order to be
consistent with the outcomes of the rezoning process; also included in the
amendment are clarifications to the phasing and subdivision process for
implementation of the project; and the changes have no substantive impact on
the overall intent and outcomes anticipated by the development Agreement.
The City Manager recommended that she be authorized to execute an
amended development Agreement on behalf of the City of Roanoke, to be
approved as to form by the City Attorney.
Council Member Dowe offered the following ordinance:
(#37082-060605) AN ORDINANCE authorizing the City Manager to
execute an Amended Agreement for the Development of Colonial Green, to be
entered into by the City and Colonial Green, L.C., the developer, which provides
for conveyance, in phases, of approximately 23 acres of property on Colonial
Avenue in exchange for certain proposed development activities, in order to
conform an Agreement heretofore entered into on December 27, 2004, to
certain changes made in the development plan during the conditional rezoning
process; and dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 69, Page 428.)
k:ckwbl~drafts\060605 draft 45
.... Council Member Dowe moved the adoption of Ordinance No. 37082-
060605. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
CITY A-I-rORNEY:
POLICE DEPARTMENT-NUISANCES-COMMONWEALTH'S A-I-rORNEY-CITY
CODE: The City Attorney submitted a written report advising that during the
last Session, the General Assembly amended (effective July 1, 2005), §15.2-
1812.2, Code of Virginia, which is the enabling legislation for §21-25 of the
City Code, pertaining to willful damage to or defacement of public or private
facilities (the City's graffiti ordinance); amendments to the State Code eliminate
the previous requirement that damage to private property be less than
$1,000.00 for the ordinance to apply, and imposes a mandatory minimum fine
of $500.00 for certain types of graffiti; and the amendment also simplifies and
reduces the time requirements for giving notice to private property owners
before the City can undertake cleaning or covering graffiti.
The City Attorney transmitted an ordinance to amend §21-25 of the City
Code to conform with §15.2-1812.2 of the State Code.
Vice-Mayor Fitzpatrick offered the following ordinance:
(#37083-060605) AN ORDINANCE amending §21-25, Willful damage or
defacement of public or private facilities, Article ]., In General, Chapter 21,
Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as
amended, by the amendment of §21-25 in order to conform it to §15.2-1812.2
of the State Code, by imposing a mandatory minimum fine for certain types of
graffiti, and reducing certain time requirements for notices; providing for an
effective date; and dispensing with the second reading by title paragraph of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 429.)
k:ckwb 1 \drafts \060605 draft 46
-" Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37083-
060605. The motion was seconded by Council Member Dowe.
The City Manager was requested to respond to the prevalence of graffiti
in the City of Roanoke; whereupon, she advised that the extent of graffiti is not
known because to this point, enforcement of the current ordinance has been on
a complaint basis. She stated that provisions of the current ordinance allow for
longer periods of time in which to respond, particularly on the part of the
property owner, and the proposed ordinance will allow the City to proceed more
expeditiously. She called attention to a small allocation of funds in the City's
annual budget for removal of graffiti; and on a complaint basis, the City has
aggressively pursued the issue during the past several years, although no actual
numbers are available. She stated that graffiti is offensive on any facility and, if
allowed to remain, encourages more instances; therefore, it is important to
remove graffiti as quickly as possible. She asked that the general public take
note that the City of Roanoke enforces the elimination of graffiti and asked that
any complaints regarding violations be reported to the City for investigation.
Ordinance No. 37083-060605 was adopted by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
CITY CODE: The City Attorney submitted a written report advising that
since 1982, Council has reenacted and recodified the City Code on an annual
basis in order to properly incorporate in the Code amendments made by the
General Assembly at the previous Session to State statutes that are incorporated
by reference in the City Code; and the procedure ensures that the ordinances
codified in Roanoke's Code incorporate the most recent amendments to State
law.
It was further advised that incorporation by reference is frequently
utilized in local codes to preclude having to set out lengthy provisions of State
statutes in their entirety; in addition, the technique ensures that local
ordinances are always consistent with State law as is generally required; and the
procedure whereby a local governing body incorporates State statutes by
reference after action of the General Assembly has been approved by the
Attorney General.
k:ckwbl\drafts\06060S draft 47
The City Attorney recommended that Council adopt an ordinance to
readopt and reenact the Code of the City of Roanoke (1979); if an ordinance is
not adopted, City Code sections incorporating provisions of the State Code
amended at the last Session of the General Assembly may not be deemed to
include the recent amendments and may be impermissibly inconsistent which
could result in the dismissal of criminal prosecutions under the City Code
sections.
Council Member Cutler offered the following ordinance:
(#37084-060605) AN ORDINANCE to readopt and reenact the Code of the
City of Roanoke (1979),as amended; and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 432.)
Council Member Cutler moved the adoption of Ordinance No. 37084-
060605. The motion was seconded by Council Member McDaniel and adopted
by the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.)
HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City
Attorney submitted a written report advising that on May 2, 2005, Council
approved certain amendments to the 2000-2005 Consolidated Plan; the
resolution that was adopted did not fully Conform with the City Manager's
recommendations; specifically, the City Manager requested that Council
redesignate $700,000.00 in Community Development Block Grant (CDBG) and
HOME Investment Partnership funds to the Roanoke Redevelopment and
Housing Authority, and $200,000.OO of CDBG funds for other designated
housing activities in the 2005-2006 period; however, as adopted, Resolution
No. 37032-050205, among other things, redesignated the entire $900,000.00
to the Housing Authority.
k:ckwbl\drafts\060605 draft 48
It was further advised that in order to follow the recommendations of the
City Manager, a new resolution has been prepared which repeals Resolution No.
37032-050205, and implements the City Manager's recommendations under
date of May 2, 2005.
Council Member Dowe offered the following resolution:
(#37085-060605) A RESOLUTION authorizing the appropriate City
officials to execute an amendment to the Consolidated Plan for FY 2000-2005,
providing for the redesignation of certain Community Development Block Grant
and HOME Investment Partnerships funds, upon certain terms and conditions;
'and repealing Resolution No. 37032-050205, adopted on May 2, 2005.
(For full text of resolution, see Resolution Book No. 69, Page 433.)
Council Member Dowe moved the adoption of Resolution No. 37085-
060605. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by
the following vote:
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. 0.
(Council Member Lea was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of April 2005.
(For full text, see Financial Report on file in the City Clerk's Office.)
The Director of Finance advised that on a year to date basis, for the first
ten months of the year, the City's revenues grew approximately seven per cent
in the General Fund, real estate has increased by about eight per cent, growth
has been experienced in the personal property tax for the first time in three
years, the meals tax has trended with about a four per cent growth, the
hotel/room tax is flat compared to last year, the business license tax has
experienced a three per cent growth, and the sales tax has flattened out with
growth at less than one per cent for this year. He stated that overall, the
budget is on track.
k:ckwb 1\drafts \060605 draft 49
"'~ There being no discussion and without objection by Council, the Mayor
advised that the Financial Report for the month of April would be received and
filed.
REPORTS OF COMMI-I-rEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS: NONE.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGEMENT: Council Member Dowe congratulated
organizers of Roanoke's Festival in the Park, 2005 Young Heroes, Women's
Leadership Awards, and Roanoke Branch NAACP Citizen of the Year.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
CITY MARKET-LEASES: Kelly Crovo, City Market Building tenant,
submitted the following inquiries: Will the City Market study include the entire
downtown area? What are the City's plans with regard to attracting more
businesses to downtown Roanoke? Why is the new art museum project in
downtown Roanoke moving forward prior to completion of the City Market
study? He raised questions with regard to the amount of time it has taken to
draft a standard lease with a non-compete clause for City Market Building
tenants.
With regard to previous statements about extending operating
hours/Sunday hours for the City Market Building, Mr. Crovo advised that the
majority of persons who patronize downtown Roanoke after hours prefer to
visit restaurants that serve alcoholic beverages in addition to food items, and it
would be difficult to obtain an alcoholic beverage license for businesses located
inside the City Market Building due to the fact that alcohol cannot be contained
once it leaves a specific counter space; and no business owner would be in
favor of extending operating hours if they cannot generate a profit.
k:ckwb 1 \drafts \060605 draft 50
~" CITY MARKET-LEASES: Anita Wilson, President of the City Market Building
Tenants Association, advised that the Tenants Association would like to work
with the City toward reaching a uniform lease agreement that would be fair to
those persons who have supported the City Market Building in the past. She
stated that she has refused to sign the new lease for space in the City Market
Building which was proposed by the former management company because the
lease would require that she be charged twice the highest based rent, plus a
certain percentage.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Marion Vaughn-Howard
spoke as a City employee and as a citizen of the City of Roanoke, and
expressed appreciation to Council for the City Employee Student Tuition
Reimbursement Program. As a recent graduate of Mary Baldwin College, she
presented a Certificate of Appreciation to the Mayor and Members of Council
for the City's assistance through the Tuition Reimbursement Program.
COMPLAINTS-ECONOMIC DEVELOPMENT: Robert Gravely, 729 29th Street,
N. W., spoke with regard to the need to provide more jobs and better paying
jobs for the citizens of Roanoke, the need to reinvent downtown Roanoke in
order to bring growth to the City, and the need for demolition of older
buildings in downtown Roanoke to make room for new buildings which will
enable the City of Roanoke to be marketed at state and national levels.
CITY MANAGER COMMENTS: NONE.
At 3:10 p.m., the Mayor declared the Council meeting in recess for one
Closed Session in the Council's Conference Room.
At 3:50 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, Mayor Harris
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Cutler moved that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully exempted
from open meeting requirements under the Virginia Freedom of Information
Act; and (2) only such public business matters as were identified in any motion
by which any Closed Meeting was convened were heard, discussed or
considered by City Council. The motion was seconded by Council Member
McDaniel and adopted by the following vote:
k:ckwbl \drafts\O60605 draft 51
AYES: Vice-Mayor Fitzpatrick and Council Members McDaniel, Wishneff,
Cutler, Dowe and Mayor Harris ........................................ 6.
NAYS: None .................................................. O.
(Council Member Lea was absent.
There being no further business,
adjourned at 3:52 p.m.
ATTEST:
the Mayor declared the Council meeting
APPROVED
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
k:ckwb 1\draft s \060605 draft
52
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, $,W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2,~44
FAX: (54(I)853-11,$5
July 18, 2005
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 vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
CNH:snh
C. Nelson Harris
Mayor
MINUTES OF ROANOKE CITY AUDIT COMMITTEE
June 20,2005
1. CALL TO ORDER:
The meeting of the Roanoke City Audit Committee was called to order at 12:50
p.m. on Monday, June 20, 2005, with Chair, Dr. M. Rupert Cutler, presiding.
· The roll was called by Mrs. England
Audit Committee
Members Present:
Dr. M. Rupert Cutler, Chair
Vice-Mayor Beverly T. Fitzpatrick, Jr.
Sherman P. Lea (arrived late)
Brenda L. McDaniel
Brian J. Wishneff (arrived late)
Audit Committee
Members Absent:
Mayor C. Nelson Harris
Alfred T. Dowe, Jr.
Others Present:
Drew Harmon, Municipal Auditor
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mike Tuck, Assistant Municipal Auditor
Pamela Mosdell, Information Systems Auditor
Brian Garber, Senior Auditor
Cheryl Ramsey, Auditor
Doris England, Administrative Assistant
R. Timothy Conner, KPMG
PeterJ. Ragone, II, KPMG
2. INTERNAL AUDIT REPORTS:
A. Police Property Room
B. Street Lighting
Dr. Cutler ordered that internal audits A and B be received and filed. There
were no objections to the order. Dr. Cutler recognized Mr. Harmon for
comments on each of the audits beginning with the Police Property Room.
Mr. Harmon stated the conclusion of the Police Property Room audit was that
controls could be strengthened. Although there was a fairly good system in
place, it was determined that some things were not being done as specified.
When dealing with property that may be used in court, there must be an
extensive system of controls. Several items of concern were as follows:
Audit Committee Minutes - June 20, 2005
Page 2
· Random drug testing - the Drug Evidence Officer had only been tested
once in 20 years. She was tested again just after the audit.
· Property room access - too many employees had been given access to the
room over time. Access should be limited and based upon job
responsibilities.
· Computer access - some employees were assigned access rights that
were incompatible with their job duties.
· Transfers of property to the courts - the form for transfers was not being
used as intended in tracking property.
· Property Room Clerk's day-to-day activities were not documented -
turnover occurred in this position during the audit, and it became
obvious how frustrating and difficult it was for the new person to assume
the duties involved.
Chairman Cutler asked the City Manager what the Police Chief had done in
response to the findings ofthe audit. Ms. Burcham stated that changes were
made as the findings were identified. The form had already been updated to
properly track property between the property room and the courthouse. The
other findings had also been addressed with one exception, the random drug
testing. Ms. Burcham stated this is a city-wide policy, and she would seek
consultation from the City Attorney's office as to how that policy could be
revamped and still meet the requirements of the law. Chairman Cutler asked
Ms. Burcham to explain a little about these requirements. Ms. Burcham stated
that there are limits as to what groups can be tested regularly. Public Safety
employees and those employees working under OSHA requirements, operating
heavy-duty equipment, can be tested regularly. The city has implemented a
policy that employees being promoted also must be drug tested.
Chairman Cutler asked the City Attorney for his comments on the random drug
testing. Mr. Hackworth stated that Ms. Burcham had listed the categories that
the city could subject to periodic, as opposed to sporadic, drug testing. He
said he would look at the issue to determine if the testing could be broadened.
Chairman Cutler asked Mr. Hackworth to respond back to City Council with a
summary of what the opportunities and constraints are in regard to this policy.
Chairman Cutler asked Mr. Harmon to proceed to Item B on the agenda, the
Street Lighting audit report. Mr. Harmon stated that Municipal Auditing could
not conclude on the accuracy of the invoices received from AEP for street
lighting because neither the city nor AEP have sufficient records to do so.
Municipal Auditing reviewed invoices and met with AEP to gather an
understanding of the history of the billings. Mr. Harmon stated he felt the bills
were accurate within a reasonable degree. Roanoke is within the normal range
when compared with other localities' street lighting. Mr. Harmon said there
'were two other benefits from this audit. The audit sparked conversations
within the Transportation department and between the city and AEP. The
Auditing department, as well as Ken King and his staff, learned more about
street lighting. Secondly, Mr. Harmon stated, it changed his perspective
regarding street lighting. Street lighting can contribute to light pollution just as
Audit Committee Minutes - June 20, 2005
Page 3
an overly light parking lot can. The main goal of street lighting is to improve
street safety, and street reflectors can also be used to aid in achieving that
goal. Mr. Harmon stated the audit was productive and had a good response.
Chairman Cutler asked Ms. Burcham to comment on the Street Lighting audit.
Ms. Burcham stated the audit brought forward a helpful conversation, as Mr.
Harmon had noted. She explained the city gets many more requests for street
lights each year than it approves, and all aspects of those requests must be
managed. The city is changing out the wattage of some lights to minimize
additional street lights and give greater illumination. Ms. Burcham stated the
city is testing some different lights in the downtown area now. She suggested
that Council members look at Campbell Avenue. Also, the city is testing a
seasonal lighting in the 200 block of Church Avenue that Council may want to
view. Ms. Burcham noted the audit brought up a good point, which is also
referred to in the city's comprehensive plan, regarding light pollution.
Chairman Cutler asked Ms. Burcham if the city's zoning ordinance that
addresses lighting at places such as gas stations also addresses street lights.
Ms. Burcham said she did not know and would check to find out. Ms. Burcham
stated that the city's first public hearing on the zoning ordinance was
scheduled for July 29, 2005.
Mr. Wishneff asked if the city had conducted an energy audit on the overall
energy usage in buildings, etc. Mr. Harmon replied that he knew General
Services had looked at the issue. Ms. Burcham stated that General Services, in
its adopted budget for July 1,2005, had reduced its budget for electricity with
the intent of doing some energy saving activities. She stated there had been
several conversations with the City Attorney's office and the Finance Director's
office about contracting with an energy management firm to come in, make
improvements, and be repaid through the savings achieved. Unfortunately, the
legal and financial interpretation of this approach is that type of arrangement
would have to be accommodated under the city's debt policy. It would be
considered indebtedness even though funding the improvements would come
from the operating budget. Mr. Wishneffsaid he knew of some companies that
would do this and had recently spoken with someone from Chevron. Mr. Hall
stated he would suggest the city allocate some capital replacement funding to
hire an energy consultant on its own. If contracting with an energy company,
the city would be paying lease arrangements, and the energy company would
set up an elaborate measurement of energy savings that may not be as
objective.
Mr. Wishneff asked if there was anything the city was doing to buy automobiles
that are not 100 percent gasoline-powered. Ms. Burcham replied that she and
the mayor had traveled to Alexandria in a hybrid vehicle about a month ago,
and the trip went very well. The city has one car as a pilot vehicle, which will be
used in six-week intervals in different operations within the city, for a year. Mr.
Wishneffasked about larger vehicles, such as big trucks and machinery. Mr.
Audit Committee Minutes - June 20, 2005 Page 4
Fitzpatrick replied there was not a market for that as yet; however, there is a
market for biodiesel, which is being used in buses.
Chairman Cutler asked if there were any further questions regarding the two
internal audit reports. There were none.
3. UNFINISHED BUSINESS:
There was no unfinished business to come before the committee.
4. NEW BUSINESS:
A. Municipal Auditing 2006 Annual Plan
Mr. Harmon suggested that item number five in the agenda be moved forward
in the interest of having enough time to cover the presentation by KPMG and
using whatever time left for discussion of the audit plan. Mr. Wishneff asked if
the performance and financial audits in the plan were audits done every year.
Mr. Harmon replied that the financial audits were done every year, and the
performance audits were cycle audits, planned over a lO-year history. Mr.
Harmon stated that if there was not enough time to fully explain the audit plan,
he would be glad to go over it in person with any of the committee members.
5. OTHER BUSINESS:
A. KPMG External Audit - Fiscal Year 2005 - Audit Committee Planning Meeting
Chairman Cutler recognized Mr. Harmon for the next item before the
committee. Mr. Harmon introduced Tim Conner, Partner with KPMG in Roanoke
who oversees the external auditing at the city, and Pete Ragone, Senior
Manager who does most of the onsite management of that work. Mr. Harmon
stated this meeting was required by the Virginia Auditor of Public Accounts.
The state requires the city's external auditors speak to the Audit Committee
regarding the scope, the nature, the controls and compliance work performed
in the audit. Chairman Cutler then recognized Mr. Conner for his comments.
Mr. Conner went over the planning meeting handout, beginning with the
agenda and the listed members of the engagement team. He stated one
member of the team, Deidre Carter, left a week ago, so her duties would be
split between Jeremy Weaver and Brad Osborne. Mr. Conner then went over the
entities subject to audit and reporting; those being the City of Roanoke, the
Roanoke City School Board, the Greater Roanoke Transit Company (GRTC) and
Transit Retirement Plan, and the City's Pension Plan. He then turned the
presentation over to Mr. Ragone who went over the engagement timetable. Mr.
Ragone stated that GRTC was not included on the timetable, and it actually has
an accelerated timetable. KPMG will be at GRTC in August for final work with a
report due on September15.2005. Final reports on all entities are due by
November 1, 2005. Mr. Ragone then went over the audit approach and
significant audit areas. Chairman Cutler asked if KPMG were involved with the
Audit Committee Minutes - June 20, 2005
Page 5
offices of the Commissioner of the Revenue and Treasurer. Mr. Ragone replied
that his staff does test work in these offices and are aware and take into
account everything that Municipal Auditing has done. Mr. Ragone stated he
believed what Municipal Auditing did was more of a performance audit, and
what KPMG does is more of a financial presentation and material statement to
make sure what is collected is being reported.
Mr. Ragone pointed out the transfers of the Water Fund and the Water Pollution
Control Fund to the Western Virginia Water Authority as of July 1,2004.
Chairman Cutler asked how transfers of assets such as land are handled. Mr.
Ragone replied that a value must be assigned. The value that goes off the
books at the city may not be what goes on the books at the Water Authority.
The historical value assigned will be what comes off the books at the city.
Chairman Cutler asked if there were a number value of the land that the city
owns. Mr. Harmon stated there was a number value, but it is based on
historical value versus market value.
Mr. Ragone continued with page seven of the presentation, which indicated the
anticipated programs to be tested would be Child Nutrition, Special Education,
Food Stamps, and Child Care Services. Other matters to be considered are the
School Board Budgetary Issues, Child Care Funding Issues, and the
Commissioner of the Revenue - Municipal Audit Department Findings.
Chairman Cutler asked if the Audit Committee could meet with the KPMG
representatives without city staff present, perhaps about midway through the
auditing process. He further stated that if anything looked amiss, KPMG should
feel free to ask for a meeting and one would be scheduled. Mr. Conner stated
that was fine, and if a situation arose prior to completion of the audit, KPMG
would contact Dr. Cutler to determine if a meeting should be set up. He said it
is common practice to have a separate executive session with the external
auditors, whether with private or public clients.
Chairman Cutler asked it there were any questions from the members of the
committee. There were none.
Mr. Wishneff asked for information regarding the Advantage 3 Post
Implementation audit listed on the annual audit plan. Mr. Harmon explained
that Advantage 3 is the new financial system that goes into effect on July 5,
2005. The Auditing staff will look at the testing after it is implemented and
report back to the Audit Committee. Mr. Wishneff then asked what the Contract
Management audit was. Mr. Harmon stated that contract management is a
citywide issue examining how the contracts, such as custodial, mowing, etc.,
are managed and if the city is getting what it contracted for. Mr. Wishneff
asked what the audit on drug testing would entail. Mr. Harmon stated that
drug and nicotine testing is required of certain employees, and this audit will
determineifthose requirements are being met. Mr. Wishneff asked about the
Economic Development audit, and Mr. Harmon responded that this is a
performance audit and will take an overview of the budget, goals and
Audit Committee Minutes - June 20, 2005
Page 6
objectives, and performance measures within that department. Municipal
Auditing will select an area that would appear to be most crucial to examine
and report back to the committee what it finds. Ms. McDaniel asked if the
Purchasing Card audit was done last year, and Mr. Harmon stated that typically
the Purchasing Card audit is done annually since its inception in 2002. This
year, much has changed and Purchasing has more responsibility, so Auditing
will be looking at those controls.
Chairman Cutler asked Mr. Harmon to tell the committee about the inservice
training his staff will be doing in the city in respect to ethics. Mr. Harmon
stated that if a person wants to steal or break rules, he or she will. He feels the
best that Auditing can do is to educate employees, explain what internal control
is and why it is important. Mr. Harmon said his staffwill be publishing some
guidelines for managers and also speaking to employee groups, if requested,
on the importance of internal controls, not only for that department, but for
others as well. Ms. Burcham stated that there was a new manager orientation
program with the goal to help new managers coming into the job, whether from
an internal promotion or outside city employment, to gain an understanding of
how to operate within our administrative structure. She also stated that she
had asked department heads to mentor the new people so the new managers
will have someone they feel comfortable about asking questions of. Ms.
Burcham said that Mr. Harmon's staff will be doing the orientation on aud t ng,
and Mr. Hall's staffwill do the finance portion. Other departments within the
organization will be included.
Chairman Cutler asked if there were any further business for the committee.
Mr. Wishneff asked Mr. Harmon what to do if a committee member wanted to
suggest adding an area to be audited. Mr. Harmon replied that the member
should contact the Chairman and ask to put the request on the agenda for the
next Audit Committee meeting. At the meeting, it could be discussed and a
vote taken on doing the audit.
6. ADJOURNMENT:
There being no further business, the meeting was adjourned at 1:35 p.m.
M. Rupert Cutler, Chair
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Request to Schedule a Public
Hearing
Background:
The United States of America General Services Administration (GSA) has leased
space in the Commonwealth Building, 220 Church Avenue, S.W. since February
1986. The City proposes to enter into a new lease with GSA for 19,841 rentable
square feet at the Commonwealth Building. The lease term requested is for a
ten-year period ending on March 31, 2015. Estimated revenue for the ten-year
lease agreement is $2,392.845.00. A public hearing is required to consider this
lease term.
Recommended Action:
Authorize the scheduling and advertising of this matter for public hearing on
your August 15, 2005 agenda.
Respectfully s~d,
Darlene L BuqCham
City Manager/;
DLB:Ipp
C;
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Request to Schedule a Public
Hearing
Background:
The Carilion Biomedical Institute (CBI) has leased space at 111 to 117 Church
Avenue, S.W. since September 2000. The City proposes to enter into a new
lease with CBI for approximate 6,800 rentable square feet at Church Avenue.
The lease term requested is for a one-year period ending on August 31, 2006.
A public hearing is required to consider this lease term.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
August 15, 2005.
Darlene L. Burnham
City Manager//
DLB:Ipp
C:
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene aclosed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to §2.2-3711.A.3, Code of Virginia (1950), as amended.
DLB/f
C:
Sincerely,
Darlene L. B~cham
City Manage~
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Xr~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
July 18, 2005
File #15-67-110
Donald R. Witt, Chair
Roanoke Valley Greenway Commission
3332 Kenwick Trail, $. W.
Roanoke, Virginia 24018
Dear Mr. Witt:
This is to advise you that Barry W. Baird has qualified as a member of the Roanoke
Valley Greenway Commission, for a term ending June 30, 2008.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway
Commission, P. O. Box 29800, Roanoke, Virginia 24018
Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Barry W. Baird, 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
Valley Greenway Commission, for a term ending June 30, 2008, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this ~day of~ 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
~ , DEPUTY CLERK
K:\oath and leaving service\Roanoke valley greenway commissionkBatry W Baird oath05.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vu~mia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-maih clerk@ ci.roanoke.va.us
July 18, 2005
File #15-110-242
STEPHAN1E M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
James T. Phipps
Director of Court and Community Corrections
516 E. Main Street
Salem, Virginia 24153
Dear Mr. Phipps:
This is to advise you thatJohn B. Ferguson has qualified as a member of the Court
Community Corrections Program Regional Community Criminal Justice Board, for a
term ending June 30, 2008.
Sincerely,
.~:k~ Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, John B. Ferguson, 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 Court
Community Corrections Program Regional Community Criminal Justice Board,
for a term ending June 30, 2008, according to the best of my ability (So help me
Subscribed and sworn to before me this LO day~f~_~_ 2005.
/
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board~John B Ferguson oath05 .doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, ¥~rginia 24011-1536
Telephone: (540) 853~2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
July 18, 2005
File #15-67-110
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Steven Higgs, Chair
Mill Mountain Advisory Committee
P. O. Box 1788
Roanoke, Virginia 24008-1788
Dear Mr. Higgs:
This is to advise you that Betty Field, Louise F. Kegley, Carl H. Koptizke, Michael A.
Loveman and E. C. Pace, III, have qualified as members of the Mill Mountain
Advisory Board, for terms ending June 30, 2008.
Sincerely,
~ary F. Parker, CMC
City Clerk
MFP:ew
pc:
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Betty Field, 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 Mill
Mountain Advisory Committee, for a term ending June 30, 2008, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this
. dayof~__2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
, DEPUTY CLERK
K:\oath and leaving serviceXMill Mountain Advisory Committee~Betty Field oath05.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Louise F. Kegley, 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 Mill
Mountain Advisory Committee, for a term ending June 30, 2008, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this 'LO day of_\t.L.~L.~, 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~~' >~-~.~._~,._~-.~(~,'~I~EPUTY CLERK
K:\oath and leaving service~vlill Mountain Advisory Committee\Lousie F Keglely oath05.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Carl H. Koptizke, 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 Mill
Mountain Advisory Committee, for a term ending June 30, 2008, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this I~~'day of'-~ 2005.
/
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
K:\oath and leaving servicehMill Mountain Advisory Committee\Carl H. Kopitzke oath05,doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Michael A. Loveman, 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 Mill
Mountain Advisory Committee, for a term ending June 30, 2008, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this_~_ day of~ 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
K:\oath and leaving serviceXlvlill Mountain Advisory Commii~eeXmichae[ a loveman oath05.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, E. C. Pace, III, 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 Mill
Mountain Advisory Committee, for a term ending June 30, 2008, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this-~"f~ day of~ 2005.
K:\oath and leaving serviceLMill Mountain Advisory Committee~e c pace oath05.doc
077' OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 18, 2005
File #15-110-230
Judith M. St. Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. St. Clair:
This is to advise you that Cathy C. Greenberg has qualified as a member of the
Roanoke Arts Commission, to fill the unexpired term of Courtney A. Penn, resigned,
ending June 30, 2007.
MFP:ew
pc:
Sincerely,
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Cathy C. Greenberg, 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 Arts Commission, to fill the unexpired
term of Courtney A. Penn, resigned, ending June 30, 2007, according to the best of my
ability (So help me God).
Subscribed and sworn to before me this ~:~ day of~,~ 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY
DEPUTY CLERK
C:~viY FILES~K)CCOMENTS',~REENB ERG.OATH.DOC
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vxrginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
July 18, 2005
File #67-110
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Carl H. Kopitzke, Chair
Parks and Recreation Advisory Board
2314 Martin Lane, S. W.
Roanoke, Virginia 24015
Dear Mr. Kopitzke:
This is to advise you that Thomas Pettigrew has qualified as a member of the Parks
and Recreation Advisory Board, for a term ending March 31, 2008.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Steven C. Buschor, Director, Parks and Recreation
Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Thomas Pettigrew, 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 Parks and
Recreation Advisory Board, for a term ending March 31, 2008, according to the
best of my ability (So help me God).
Subscribed and sworn to before me this/~day of~05.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
K:\oath and leaving scrvice~Parks and Rec\Thomas Pettigrew oath.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chinch Avenue, S.W., Room 456
Roanoke, Wrginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
July 18, 2005
File #15-110-293
STEPHAN1E M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
David L. Kjolhede, Executive Director
Roanoke Valley Convention and Visitors Bureau
101 Shenandoah Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Kjolhede:
This is to advise you that BartonJ. Wilner has qualified as a member of the Roanoke
Valley Convention and Visitors Bureau, for a term ending June 30, 2006.
Sincerely,
~Mary F. Parker, CMC City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Barton J. Wilner, 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
Valley Convention and Visitors Bureau, for a term ending June 30, 2006,
according to the best of my ability (So help me God).
Subscribed and sworn to before me this'~ day of~2OO5.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~ ~.~ ~ , DEPUTY CLERK
K:\oath and leaving service~roanoke Valley Convention and Visitors Bureau~Barton J Wilner oath05.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartrnan
Assistant City Clerk
July 21, 2005
File #27-32
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, Suzanne Osborne addressed Council with regard to the
backflow prevention test which is required on existing residential underground
lawn sprinkler systems.
On motion, duly seconded and unanimously adopted, Council requested that you
render an opinion as to whether testing of back flow prevention devices is
mandatory for all jurisdictions in the Commonwealth of Virginia.
Sincerely,
Stephanie M. Moon, CMC"'
Deputy City Clerk
SMM:ew
pc:
Darlene L. Burcham, City Manager
Ms. Susanne Osborne, 1702 Blair Road, S. W., Roanoke, Virginia 24015
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
July 18, 2005
Council Members:
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Sherman P. Lea
Brenda L. McDaniet
Brian J. Wishneff
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
At the regular meeting of City Council to be held on Monday, July 18, 2005, Ms.
Suzanne Osborne would like to address Council with regard to the backflow
prevention test which is required on existing residential underground lawn
sprinkler systems.
Sincerely,
Sherm,~C~uncil Member
Brian J. Wishneff, Council Member
SPI_/BJW:snh
pc:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 20, 2005
File #60-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37117-071805 establishing a Local
Government Challenge Grant, in the amount of $5,000.00, and amending and
reordaining certain sections of the 2005-2006 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2005.
No. 37117-071805.
AN ORDINANCE to establish the Local Government Challenge Grant, amending
and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Arts Council Of The Blue Ridge
Mill Mountain Theatre
Opera Roanoke
Roanoke Symphony Orchestra
Young Audiences of Virginia
Roanoke Ballet Theatre, Inc.
Revenues
Challenge Grant FY06
035-410-8740-3737
035-410-8740-3749
035-410-8740-3762
035-410-8740-3736
035-410-8740-3802
035-410-8740-3779
035-410-8740-8740
833
833
833
833
834
834
5,000
Pursuant to the provisions of Section 12 of the City Charier, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
'~,~ City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 20, 2005
File #60-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37:[18-07:[805 authorizing acceptance of
Local Government Challenge Grant No. 06-0322, in the amount of $5,000.00,
from the Virginia Commission for the Arts, upon certain terms and conditions, as
more fully set forth in a letter from the City Manager addressed to the Council
under date of July 18, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Sincerely,
~1~.~ Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc'
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2005.
No. 37118-071805.
A RESOLUTION authorizing the acceptance of Local Government Challenge Grant
,,
No. 06-0322 from the Virginia Commission for the Arts, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The City of Roanoke accepts Local Government Challenge Grant Number 06-
0322 from the Virginia Commission for the Arts in the amount of $5,000.00, to be used for
those purposes and under the terms and conditions as more particularly stated in the City
Manager's letter to this Council dated July 18, 2005.
2. The City Manager is hereby authorized to execute any and all requisite
documents as are required for the City's acceptance of this grant, upon form approved by the
City Attorney, and to furnish such additional information as may be required in connection
with the City's acceptance of this grant.
ATTEST:
~ City- Clerk.
K:~M EA S URES~R-ARTCHALLENGEG RANT2005-2006.DOC
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable, Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable, Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Virginia Commission for
the Arts - Local
Government Challenge
G rant
Background:
Notification has been received from the Commonwealth of Virginia Commission
for the Arts (Commission) that a $5,000 Local Government Challenge Grant has
been awarded to the City of Roanoke. Application for the grant was made at
the request of the Arts Council of Roanoke Valley, Mill Mountain Theatre, Opera
Roanoke, Roanoke Symphony Orchestra, Roanoke Ballet Theatre, Inc. and
Young Audiences of Virginia.
Considerations:
In order to receive these funds, the Commission must obtain written
confirmation that local tax revenue dollars will be used to match or exceed the
amount of the grant. For Fiscal Year 2005-06, the organizations listed
previously will receive local funding, as recommended by the Roanoke Arts
Commission and approved by City Council on June 6, 2005, in the amounts
shown below:
Honorable Mayor and Members of City Council
July 18, 2005
Page 2
Arts Council of Blue Ridge
Mill Mountain Theatre
Opera Roanoke
Roanoke Symphony Orchestra
Young Audiences of Virginia
Roanoke Ballet Theatre, Inc.
$14,880
13,830
9,300
29,500
4,665
6,380
The grant funds will be distributed to the six sponsoring agencies in the
amount of approximately $833 each.
Recommended Action(s):
Authorize the City Manager to execute the necessary documents that are
required for acceptance of this grant. All documents shall be approved as to
form by the City Attorney.
Adopt the accompanying budget ordinance to appropriate $5,000 in state grant
funds and establish a corresponding revenue estimate in accounts established
by the Director of Finance in the Grant Fund entitled "Challenge Grant FY 06".
Respectfully submitted,
City Manager
DLB:vst
c:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management & Budget
#CM05-00096
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 20, 2005
File #5-60-165-236
Jesse A. Hail
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37119-071805 appropriating $100,000.00
for the Project Safe Neighborhoods Grant, and amending and reordaining certain
sections of the 2005-2006 Grant Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
A. L. Gaskins, Chief of Police
Rolanda B. Russelt, Assistant City Manager for Community Development
Frank E. Baratta, Budget Team Leader
W. Dan Webb, Acting Director, Neighborhood and Housing Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
.,, The 18th day of July, 2005.
No. 37119-071805.
AN ORDINANCE to appropriate funding for the Project Safe Neighborhoods Grant,
amending and reordaining certain sections of the 2005-2006 Grant Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections of
the 2005-2006 Grant Funds Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Grant Fund
Appropriations
Overtime
FICA
Professional Services
Administrative Supplies
Expendable Equipment
Revenues
Project Safe Neighborhoods Grant
035-640-3558-1003 $ 46,445
035-640-3558-1120 3,555
035-640-3558-2010 16,000
035-640-3558-2030 1,000
035-640-3558-2035 33,000
035-640-3558-3558
100,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
"~."~' City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 20, 2005
File #5-60-165-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37:[20-071805 authorizing the City
Manager to accept and execute a Project Safe Neighborhoods Grant, in the
amount of $:[00,000.00, from the U. S. Department of Justice, as more fully set
forth in a letter from the City Manager addressed to the Council under date of
July :[8, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July :[8, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
A. L. Gaskins, Chief of Police
Rolanda B. Russell, Assistant City Manager for Community Development
Frank E. Baratta, Budget Team Leader
W. Dan Webb, Acting Director, Neighborhood and Housing Services
IN THE COUNC~ OF THE crrY OF ROANOKE, %qRG~qIA
The 18th day of July, 2005.
No. 37120-071805.
A RESOLUTION authorizing the acceptance of a Project Safe Neighborhood~ Grant
from the U.S. Departmem of Justice, and authorizing execution of any required documemation
on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
U.S. Departmem of Justice a Project Safe Neighborhoods Grant in the amoum of $100,000.00,
with the City providing an additional $100,000.00 in local matching funds. Such grant being
more particularly described in the letter of the City Manager dated July 18, 2005.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documems setting forth the conditions of the Project Safe Neighborhoods Grant, approved as
to form by the City Attorney, required in connection with the acceptance of such grant and to
furnish such additional information as may be required by the U.S. Department of Justice.
ATTEST:
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
Ci~Web: www.roanokeKov.com
- July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Subject:
Project Safe Neighborhoods
Subgrant - No. WDVA-
2004GPCX0580-009
Dear Mayor Harris and Members of Council:
Background:
The City of Roanoke has been awarded grant funds in the amount of $100,000
by the U. S. Department of Justice, through the Project Safe Neighborhoods
grant program. This program is administered through the Virginia Association
of Chiefs of Police (VACP).
These grant funds must be used by the Roanoke Police Department to address
gun trafficking and juvenile gang crime. Specific plans for the funding include
augmentation of neighborhood bicycle patrols and juvenile programs as well as
the purchase of replacement police bicycles and replacement of several in-car
digital video cameras.
Recommended Action:
Accept the Project Safe Neighborhoods Grant of $100,000 from the U. S.
Department of Justice; and authorize the City Manager to execute the grant
agreement and any related documents, subject to them being approved as to
form by the City Attorney.
Honorable Mayor and Members of Council
July 18, 2005
Page 2
Adopt the accompanying budget ordinance which will appropriate funding of
$100,000 as outlined below in accounts to be established by the Director of
Finance in the Grant Fund. The ordinance will also establish a revenue estimate
of the same amount in the Grant Fund.
Overtime
FICA
Expendable Equipment
Fees for Professional Services
Administrative Supplies
$46,445
$ 3,555
$33,000
$16,000
$ 1,000
Total
$100,000
Respectfully submitted,
DLB:mds/gws
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, ACM for Community Development
A. L. Gaskins, Chief of Police
CM05-00094
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 20, 2005
File #60-236-266-450
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37121-071805 appropriating $100,000.00
in connection with Economic and Community Development Reserve for Fa(;ade
Grants in the Enterprise Zone One A Project, and amending and reordaining
certain sections of the 2005-2006 Capital Projects Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
Sincerely,
F. Parker, CMC
Mary
City Clerk
MFP:ew
Attachment
pc:
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Director, Economic Development
Harwell M. Darby, Jr., Attorney, Industrial Development Authority, Glenn,
Feldmann, Darby and Goodlatte, 2:[0 First Street, S. W., Roanoke, Virginia
2401:[
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2005.
No. 37121-071805.
AN ORDINANCE to appropriate funding from the Economic and Community
Development Reserve for Facade Grants in the Enterprise Zone One A Project, amending
and reordaining certain sections of the 2005-2006 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 2005-2006 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Fund Balance
Economic and Community Development
Reserve -Unappropriated
008-310~9736-9003 $ 100,000
008-3325 (100,000)
Pursuant to the provisions of Section 12 of the City Charier, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
'~~ City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Appropriate Funding for
Facade Grants in
Enterprise Zone One A
Background:
The City has two Enterprise Zones, One A and Two. Only Enterprise Zone
One A, however, provides a facade grant incentive through the Industrial
Development Authority of the City of Roanoke, Virginia. Projects
refurbishing the exterior of a building facing a street are eligible for one
third of the cost of the rehabilitation, up to a maximum of $25,000 per
project. In fiscal year 2005, $]03,240.21 was distributed in facade
grants, resulting in almost $1 million in improvements. All of the money
in the account is expended on a yearly basis.
Considerations:
According to the Enterprise Zone application, facade grants require a
yearly appropriation of $] 00,000.
Honorable Mayor and Members of City Council
July 18, 2005
Page 2
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $100,000 for facade grants from the Economic and
Community Development Reserve to account 08-310-9736-9003 (Facade
Grants).
ubmitted,
DLB:Ib
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Acting Director of Economic Development
Sherman M. Stovall, Director of Management and Budget
Harwell (Sam) M. Darby, Jr., Attorney, IDA
CM05-00097
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 20, 2005
File #2-22-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37122-071805 authorizing the City
Manager to execute a CDBG-funded Agreement, and any necessary amendments
thereto, with Kuumba Community Health & Wellness Center, Inc., providing
$125,000.00 of Community Development Block Grant funds to assist with the
acquisition of and costs associated with the purchase of property located at
3716 Melrose Avenue, N. W., as more fully set forth in a letter from the City
Manager addressed to the Council under date of July 18, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
Sincerely,
~Mary F. Parker, CMC City Clerk
MFP:ew
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2005.
No. 37122-071805.
A RESOLUTION authorizing the City Manager to execute a CDBG-funded Agreement,
and any necessary amendments thereto, with Kuumba Community Health & Wellness Center,
.h3c., providing $125,000 of Community Development Block Grant (CDBG) funds to assist with
the acquisition of, and costs associated with, the purchase of property located at 3716 Melrose
Avenue, N.W., Roanoke, Virginia.
WHEREAS, on May I0, 2005, City Council approved the submission of the Five Year
Consolidated Plan for 2005-2010, including the Fiscal Year 2005-2006 One Year Action Plan, to
the U. S. Department of Housing and Urban Development (HUD); and
WHEREAS, on June 20, 2005, City Council accepted the 2005-2006 CDBG funds and
appropriated $125,000 of CDBG funds to Kuumba Community Health & Wellness Center, Inc.,
for acquisition of property.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the
City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, on behalf of the City, the Subgrant Agreement between the City and Kuumba
Community Health & Wellness Center, Inc., providing $125,000 of CDBG funds for acquisition
of, and costs associated with, the purchase of property located at 3716 Melrose Avenue, N.W.,
Roanoke, Virginia, upon the terms and conditions set forth in the City Manager's letter, dated
July 18, 2005, to this Council.
ATTEST:
City Clerk ~
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
2005-2006 CDBG-funded
Agreement with Kuumba
Community Health &
Wellness Center, Inc.
Background:
Kuumba Community Health & Wellness Center, Inc. is a federally qualified
community health center, whose mission is to increase access to affordable, high
quality, comprehensive and preventive health care that is culturally sensitive for
the citizens of Roanoke Valley. Kuumba Community Health & Wellness Center, Inc.
was established in 1999, and the first clients were served in December 2000.
Since that time, Kuumba has become known as one of just a few safety net
providers of primary health care in the area. Kuumba leases the current facility
site located at 3716 Melrose Avenue, NW, from William A. Hunton Branch YMCA.
To allow for facility expansion and future staffing increases in order to serve more
clients and to offer a broader array of health services, Kuumba applied for
Community Development Block Grant (CDBG) funds to acquire the property at
3716 Melrose Avenue, N.W. They will begin acapital campaign to raise funding to
construct a new facility on the same site.
On May 10, 2005, City Council authorized the Kuumba- New Facility by Resolution
No. 37051-051005, which approved the Five Year Consolidated Plan for 2005-
2010, including the Fiscal Year 2005-2006 One Year Action Plan, for submission to
the U.S. Department of Housing and Urban Development (HUD). City Council
appropriated $125,000.00 of the 2005-2006 CDBG funds for the Kuumba- New
Facility on June 20, 2005 by Budget Ordinance No. 37086-062005 and Resolution
No. 37087-062005, pending receipt of the approval letter from HUD.
Honorable Mayor and Members of City Council
July 18, 2005
Page 2
Consideration:
In order for Kuumba to proceed with the acquisition of the property located at
3716 Melrose Avenue, NW, City Council's authorization is needed to execute a
subgrant agreement. CDBG funding is available in account 35-G06-0637-5475 and
being provided to Kuumba to assist with the acquisition of, and costs associated
with, the purchase of said property. It is anticipated that Kuumbawill increase the
number of Iow- to moderate income clients being served once the new facility has
been constructed.
Recommendation:
Authorize the City Manager to execute the 2005-2006 CDBG subgrantAgreement
with Kuumba Community Health & Wellness Center, Inc., similar in form and
content to the draft agreement attached to this report, and approved as to form
by the City Attorney.
DLB:mtm
Attachment
c:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Sherman M. Stovall, Director of Management & Budget
Frank E. Baratta, Budget Team Leader
Meg T. Munton, Budget Analyst
CM05-00098
AGREEMENT
This Agreement is made and entered into this ___ day of July, 2005, by and
between the following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Kuumba Community Health &
Wellness Center, Inc.
3716 Melrose Avenue, NW
Roanoke, Virginia 24017
WITNESSETH:
WHEREAS, by Resolution No. 37051-051005, adopted May 10, 2005, Roanoke City
Council approved the Five Year Consolidated Plan for 2005-2010 which included
the Fiscal Year 2005-2006 One Year Action Plan for the Community Development
Block Grant (CDBG) program and, by Ordinance No. 37086-062005, appropriated
funds therefore; and
WHEREAS, the Grantee has been authorized by its City Council pursuant to
Resolution No. 37087-062005, adopted June 20, 2005, to provide One hundred
twenty-five thousand and no/lO0 dollars ($125,000.00) of Community
Development Block Grant funds to Kuumba Community Health and Wellness
Center, Inc. (Kuumba) toward acquisition costs of property located on Melrose
Avenue, NW, Roanoke, Virginia; and
WHEREAS, the Subgrantee desires to purchase property and build a larger facility
to better serve their clients; and
WHEREAS, by Resolution No. XXXXX-061805, adopted July 18, 2005, City Council
authorized the City Manager to execute an agreement for the purposes specified
herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
Kuumba is a federally qualified community health center, whose mission is
to increase access to affordab/e, high qua/ity, comprehensive and preventive
health care that is cu/tura//y sensitive for the citizens of the Roanoke Va//ey.
Kuumba was created to improve access to affordable health care for
1 DRAFT
residents of northwest Roanoke, Virginia. To allow for facility expansion
and future staffing increases, in order to serve more clients and to offer a
broader array of health services, funding is being provided to assist with
the acquisition of property located at 3716 Melrose Avenue, NW, the current
Kuumba facility site, which they lease from William A. Hunton Branch YMCA.
1 a. Acquisition:
CDBG funds are being provided to assist with the acquisition of, and
costs associated with, the purchase of the property at the Melrose
site as indicated in Paragraph 1 above.
I b. Stipulations:
By June 2006, with at most two ninety-day extensions, each extension
being at the sole discretion of the City, Kuumba must demonstrate to
the satisfaction of the City that Kuumba has obtained firm
commitments for no less than 75% of the necessary construction
financing (including any debt that Kuumba is willing to take on) from
sources other than the City. In the event this construction financing
threshold is not met by such date, Kuumbawill be required to sell the
property and return the proceeds to the City of Roanoke.
2. TIME OF PERFORMANCE:
This agreement shall be for the period from July 1,2005 through June 30,
2006, with at most two ninety-day extensions, each extension to be at the
sole discretion of the City.
Should said acquisition be completed plus successful completion of
obtaining construction financing commitments, Subgrantee shall be
obligated to utilize the property located at 3716 Melrose Avenue, NW to
benefit the Iow- and moderate income individuals by continuing the services
such as provided by Kuumba until June 30, 2011.
3. BUDGET:
The purchase price for the property located at 3716 Melrose Avenue, NW,
Roanoke, Virginia is estimated to be $120,000.00. To assist with the
acquisition of, and costs associated with, the purchase of the subject
property, One hundred twenty-five thousand and no/100 dollars
($125,000.00) in Community Development Block Grant (CDBG) funds is
being provided.
2 DRAFT
The reimbursement will be in the form ofagrant. No deed of trust or other
encumbrance will be placed upon the property by the Grantee as a result of
this agreement.
CONSIDERATION SUBJECT TO FUNDING:
All funding to be provided under this Agreement is contingent upon
necessary appropriations by Congress and from the U. S. Department of
Housing and Urban Development (HUD).
REQUESTS FOR DISBURSEMENTS OF FUNDS:
Request for payment is to be submitted to the Department of Management
and Budget, accompanied by a draft attorney's settlement statement
indicating the acquisition price for the property located at 3716 Melrose
Avenue, NW, Roanoke, Virginia. Payment for the acquisition of propertywill
be made to the Subgrantee based on the settlement statement within ten
(10) working days from date of receipt, provided all compliance issues are
met. An executed copy of the settlement statement shall be provided to
the Department of Management and Budget upon the closing.
Reimbursement for other costs associated with the acquisition of the
property will be reviewed for eligibility on an individual basis. Request for
reimbursement must be accompanied by copies of receipts and/or invoices
for charges specific to the acquisition.
SECTION 504
The Subgrantee agrees to comply with any federal regulation issued
pursuant to compliance with the Section 504 of the Rehabilitation act of
1973, as amended which prohibits discrimination against the disabled in
any federal assisted program.
INDEMNIFICATION:
Subgrantee agrees and binds itself and its successors and assigns to
indemnify, keep and hold the City and its officers, employees, agents,
volunteers and representatives free and harmless from any liability 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 Subgrantee including: (a) Subgrantee use of the streets or
sidewalks of the City or other public property; (b) the performance
under this Agreement; (c) the exercise of any right or privilege granted
by or under this Agreement; or (d) the failure, refusal or neglect of
Subgrantee to perform any duty imposed upon or assumed by
Subgrantee by or under this Agreement. In the event that any suit or
3 DRAFT
proceeding shall be brought against the City or any of its officers,
employees, agents, volunteers or representatives at law or in equity,
either independently or jointly with Subgrantee on account thereof,
Subgrantee upon notice given to it by the City or any of its officers,
employees, agents, volunteers or representatives, will pay all costs of
defending the City or any of its officers, employees, agents, volunteers
or representatives in any such action or other proceeding. In the event
of any settlement or any final judgment being awarded against the City
or any or its officers, employees, agents, volunteers or representatives,
either independently or jointly with Subgrantee then Subgrantee will pay
such settlement or judgment in full or will comply with such decree, pay
all costs and expenses of whatsoever nature and hold the City or any of
its officers, employees, agents, volunteers or representatives harmless
therefrom.
8. COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by the HUD conditions for CDBG
programs as set forth in Attachment A and all other applicable federal
regulations relating to specific programs performed hereunder.
9. UNIFORM ADMINISTRATIVE REQUIREMENTS:
The Subgrantee shall comply with the requirements and standards of
OMB Circular No. A-110, Uniform Administrative Requirements; OMB
and with Circular No. A-122, "Cost Principles for Non -Profit
Organizations" or the related provision specified in 24 CFR 92.505 or
570.502.
1 0. PROGRAM INCOME:
Program income means gross income received by the Grantee or
Subgrantee directly generated from the use of CDBG funds. Program
income, if any, from sale of this property or other sources, shall be
submitted to the City within five (5) days of its receipt by the
Subgrantee. No proqram income is anticipated.
11. RECORDS AND REPORTS:
The Subgrantee agrees to submit quarterly, narrative reports indicating
the status and progress of the capital fund development concerning the
activities conducted under this Agreement. Reports will be due on
October 15,h, 2005;January 15th, 2006; April 15'h, 2006, etc., for the full
time of this agreement. Further, the following shall apply to financial
and project records pertaining to this Agreement:
4 DRAFT
Records to be maintained - At a minimum, the Subgrantee shall
maintain financial and project documents and records to comply
with the requirements of 24 CFR 570.506 and 570.507, as
applicable.
Period of record retention - The Subgrantee shall retain financial
and project documents and records pertaining to this Agreement
for a period of four (4) years in compliance with the requirements
24 CFR 570.502(b).
Access to records - The Grantee and other entities shall have
access to financial and project documents and records pertaining
to this Agreement in compliance with the applicable requirements
of 24 CFR 84.53.
12. CLIENT DATA:
The Subgrantee shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be
limited to, client name, address, documentation of income level or other
basis for determining eligibility, and description of service provided.
Such information shall be made available to grantee or their designees
for review upon request. Specific names of clients are not required to
be submitted on reports to the Grantee.
13. CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of the
Subgrantee, who is in a position to participate in a decision-making
process or gain inside information with regard to any CDBG activity, may
obtain a personal or financial interest in any contract, subcontract or
agreement with respect thereto, or in the proceeds thereunder, either
for themselves, their family, or business associates, during their tenure
or for one (1) year thereafter.
14. REVERSION OF ASSETS:
Upon expiration of this Agreement, or amendments thereto, the
Subgrantee shall transfer to the Grantee any CDBG funds or program
income on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
A condition of this Agreement, and an obligation of the Subgrantee,
shall be to ensure that the subject property referenced in paragraph No.
5 DRAFT
1 shall be used to benefit Iow and moderate income persons, as defined
by HUD, for a period of five (5) years after completion of this agreement
as referenced in paragraph No. 2 or June 30,201 !, whichever is longer.
If the property changes ownership during that time, the benefit to Iow
and moderate income persons must be required and specified by deed
restrictions. If the property is sold prior to June 30, 2011, and is not
used to benefit Iow and moderate income persons, a pro rata share of
the current fair market value of the property must be returned to the
Grantee as prescribed in 24 DFR 570.503(b)(8)(ii).
15. THIRD-PARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party
other than the Subgrantee.
16. INDEPENDENT CONTRACTOR:
Services performed under this Agreement shall be performed on an
independent contractor basis and under no circumstances shall this
Agreement be construed as establishing an employee/employer
relationship. The Subgrantee shall be completely responsible for its
activities in performing services hereunder.
17. FAITH-BASED ORGANIZATIONS
Pursuant to §2.2-4343.1 of the Code of Virqinia (1950), as amended,
the City of Roanoke does not discriminate aqainst faith-based
orqanizations.
18. EQUAL EMPLOYMENT OPPORTUNITY
Non-Discrimination: During the performance of this Agreement, the
Subgrantee agrees as follows:
(a)
The Subgrantee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex,
national origin, age, disability, or any other basis prohibited by
state law relating to discrimination in employment, except where
there is a bona fide occupational qualification reasonably
necessary to the normal operation of the Subgrantee. The
Subgrantee agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
6 DRAFT
(b)
The Subgrantee, in all solicitations or advertisements for
employees placed by or on behalf of the Subgrantee, will state
that such Subgrantee is an equal opportunity employer.
(c)
(d)
Notices, advertisement and solicitations placed in accordance
with federal law, rule or regulation shall be deemed sufficient for
the purpose of meeting the requirements of this section.
The Subgrantee will include the provisions of the foregoing
subsections (a), (b) and (c) in every contract or purchase order of
over ten thousand dollars and no cents ($10,000.00), so that the
provisions will be binding upon each contractor or vendor.
19. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the
Subgrantee'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 ofacontrolled substance or marijuana
is prohibited in the Subgrantee's 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 the Subgrantee that the Subgrantee maintains a drug-
free workplace; and (iv) include the provisions of the foregoing clauses
in every subcontract or purchase order of over ten thousand dollars and
no cents ($10,000.00), so that the provisions will be binding upon each
subcontractor orvendor. For the purpose of this subsection, "drug-flee
workplace" means a site for the performance of work done in
connections with this agreement.
20. ANTI-LOBBYING:
To the best of the Subgrantee's knowledge and belief, no federal
appropriated funds have been paid or will be paid, by or on behalf of it,
to any persons for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an office or employee
of Congress, or an employee of a Member of congress in connections
with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds other than Federal funds have
been paid or will be paid to any person for influencing or attempting to
7 DRAFT
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with this agreement, the Subgrantee will
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
21. SUSPENSION AND TERMINATION:
Suspension or termination may occur if the Subgrantee materially fails
to comply with any term of this award, and the award may be
terminated for convenience by the Grantee or Subgrantee upon written
notification to the awarding agency (HUD), setting forth the reasons for
such termination, the effective date, and in case of partial termination,
the portion to be terminated.
22. NOTICES:
All notices, waivers, demands, requests or other communications
required or permitted hereunder shall, unless otherwise expressly
provided, be in writing and be deemed to have been properly given,
served and received (i) if delivered by messenger, when delivered, (ii) if
mailed, on the third business day after deposit in the United States,
certified or registered, postage prepaid, return receipt requested, or (iii)
if delivered by reputable overnight express courier, freight prepaid, the
next business day after delivery to such courier; in every case addressed
to the party to be notified as follows:
The Grantee:
Darlene L. Burcham, City Manager, City of
Roanoke, Virginia, 215 Church Avenue, SW,
Room 364, Roanoke, VA 24011
A copy of all such notices shall be provided to
the Grantee's Project Manager: Meg Munton,
Budget Analyst, Department of Management &
Budget, 215 Church Avenue, SW, Room 354,
Roanoke, VA 24011.
The Subgrantee:
Eileen Lepro, Executive Director, Kuumba
Community Health & Wellness Center, Inc.,
3716 Melrose Avenue, N.W., Roanoke, Virginia
24017
8 DRAFT
23. SUCCESSORS:
This Agreement shall be binding upon each parties, and their assigns,
purchasers, trustees, and successors.
24. ENTIRE AGREEMENT:
This Agreement, including all of its Exhibits, represents the entire
agreement between the parties and this Agreement shall not be
modified, amended, altered or changed, except by written agreement
executed by the parties.
25. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of
Virginia.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year hereinabove written:
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
Al-rEST:
KUUMBA COMMUNITY HEALTH &
WELLNESS CENTER, INC.
Secretary to the Board
Eileen Lepro, Executive Director
APPROVED AS TO CDBG
ELIGIBILITY:
APPROPRIATION AND FUNDS REQUIRED
FOR THIS AGREEMENT CERTIFIED:
Office of Management & Budget
Director of Finance
Date: .........................
Account No.: 035-G06-0637-5475 $125,000
9 DRAFT
APPROVED AS TO FORM APPROVED AS TO EXECUTION
Assistant City Attorney
Assistant City Attorney
10 DRAFT
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
July 20, 2005
Sheila N. Hartman
Assistant City Clerk
File #70-529
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance NO. 37123-071805 authorizing the City
Manager to execute a Declaration of Restrictive Covenants and Certification of
Satisfactory Completion of Remediation and any related and necessary
documents, in a form approved by the City Attorney, in connection with certain
City owned property located at 704 Franklin Road, S. W., containing approximately
0.77 acre, Official Tax No. 1020310, upon certain terms and conditions as may be
required by the Virginia Department of Environmental Quality, as more fully set
forth in a letter from the City Manager addressed to the Council under date of
July 18, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
SMM:ew
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
Attach merit
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
James Grigsby, Acting Assistant City Manager for Operations
Paul J. Truntich, Jr., Environmental Administrator
IN THE COUNCIL O1~ THE CITY OF ROANOKE, VIRGINIA,
The 18th day of July, 2005.
No. 37123-071805.
AN ORDINANCE authorizing the City Manager to execute a Declaration of Restrictive Covenants and
Certification of Satisfactory Completion of Remediation and any documentation required by the Virginia
Department of Environmental Quality (VDEQ) and take such further action as may be needed to obtain the
VDEQ approval for a Certification of Satisfactory Completion of Remediation for certain City owned property
located at 704 Franklin Road, SW, containing approximately 0.77 acres, and being Official Tax Map No.
1020310; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
l. The City Manager and the City Clerk are hereby authorized to execute and to attest,
respectively, a Declaration of Restrictive Covenants and Certification of Satisfactory Completion of Remedi_s~ion
and any related and necessary documents, in a form approved by the City Attorney, in connection with certain
City owned property located at 704 Franklin Road, SW, containing approximately 0.77 acres and being Official
Tax Map No. 1020310, upon certain terms and conditions as may be required by the VDEQ and as set forth in
the City Manager's letter to Council dated July 18, 2005.
2. The City Manager is authorized to take such further action, to include the recording of
documents, and execute such other documents as may be necessary to obtain the VDEQ approval for the City's
successful completion of remediation of the above property under VDEQ's Voluntary Remediation Program.
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.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: w~vw.roanokegov.com
July lB, 2005
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. WishneffCouncil Member
Dear Mayor Harris and Members of City Council:
Subject:
Execution of DEQ Voluntary
Remediation Program
Documents and Declaration of
Restrictive Covenants, Fire
Station/Administration
Building, 704 Franklin Rd, SW,
Roanoke, Virginia
Background:
The City of Roanoke has enrolled the site of the new Fire Station/Administration
Building, located at 704 Franklin Road, SW, Roanoke, Virginia, into the Virginia
Department of Environmental Quality's (VDEQ) Voluntary Remediation Program
(VRP). Due to the past use of a portion of the site as a dry cleaning operation,
the City's decision to enter the site into the VRP provides Roanoke with certain
immunities under Virginia law with regard to waste management, and air and
water quality.
Considerations:
A stipulation for participation in the VRP was the City's agreement to a
Declaration of Restrictive Covenants associated with the property that permits
groundwater beneath the property to be used only for environmental
monitoring and testing and that the property shall not be used for residential
Mayor Harris and Members of City Council
July 18, 2005
Page 2
purposes or for a children's daycare facility, schools or playground purposes.
The residential exclusion does not apply to the use of the property for a fully-
staffed Fire Station/Administration Building. A draft VRP Certification and
Declaration of Restrictive Covenants is attached.
Recommended Action:
Authorize the City Manager to execute and record, and the City Clerk to attest,
respectively, on behalf of the City of Roanoke, a Declaration of Restrictive
Covenants and any documentation required by the VDEQ and to take such
further action and execute such other documents as may be necessary to obtain
VDEQ approval under the VRP.
Respectfully submitted,
DLB:pjt
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Acting Assistant City Manager for Operations
Paul Truntich, Environmental Administrator
CM05-00101
Prepared by:
Grantor:
Grantee:
Virginia Department of Environmental Quality
629 E. Main Street
Richmond, Virginia 23219
(804) 698-4000
City of Roanoke, Virginia
City of Roanoke, Virginia
Tax Map Number: 1020310
DRAFT
COMMONWEALTH OF VIRGINIA
VOLUNTARY REMEDIATION PROGRAM
CERTIFICATION OF
SATISFACTORY COMPLETION OF REMEDIATION
Program Participant[s]:
Site Owner:
Site Name:
Site Location:
(plat attached)
Voluntary Remediation ProgrAm
Site ID Number:
Deed Book and Page Number of
Site Owner's Title:
(or Instrument Number based on
City requirements)
City/County of Record:
City of Roanoke
City of Roanoke
Franklin Road/Elm Avenue Parcel
704 Franklin Road, SW
Roanoke, Virginia
00380
Deed Book No. 1700
Deed Book Page 1142
Instrument Number 030017023
City of Roanoke
Description of Property:
+ 0.77 Acres
Current Zoning:
Central Business C-3
Proposed Use of Property:
Conditions of Issuance (if any):
Fire Station/Administration Building
Institutional Controls deed
restrictions incorporated in the
Declaration of Restrictive Covenants
that: (1) groundwater beneath the Site
shall not be used for any purpose
other than environmental monitoring
and testing and; (2) the Site shall not
be used for residential purposes or for
Certification of Satisfactory Completion of Remediation
Franklin Road/Elm Avenue Parcel, VRP 00380
Page 2 of 7
Conditions of Issuance (cont.):
Other Encumbrances on Site:
children's (under the age of 16)
daycare facilities, schools or
playground purposes {although hotels
and motels are not prohibited). The
residential exclusion also does not
apply to the use of the Property for a
fully-staffed Fire Station/
Administration Building.
None
AUTHORITY
PURSUANT to Code of Virginia §§ 10.1-1230 et seq., and the Voluntary
Remediation Regulations (Virginia Administrative Code §§ 20-160-10 et seq.
(VAC)), the Participant submitted an application on December 17, 2003, to
enroll the Participant and the Site in the Voluntary Remediation Program
(Program). By letter dated February 13, 2004, the Waste Management
Board, acting through the Director of the Department of Environmental
Quality (Director) deemed the Participant and Site eligible and notified the
Participant that the Site was enrolled in the Program. The Program provides
for the Participant's voluntary remediation of releases of hazardous
substances, hazardous waste, solid waste, or petroleum from the Site that is
the subject of this Certification of Satisfactory Completion of Remediation
(Certificate), issued under 9-VAC-20-160-110.
DETERMINATION
Pursuant to the authority granted under Va. Code §§ 10.1-1230 et seq., the
Director, or his designee, has reviewed the Voluntary Remediation Report
(Report), concurs with all work submitted, as set forth in 9 VAC 20-160-80,
has determined that the environmental impacts identified at the Site do not
present an unacceptable risk to human health and the environment [if the
institutional controls mentioned above are implemented,] and hereby issues
this Certificate. No further action is required at the Site, except for the
imposition of institutional controls as noted above.
As a result of the issuance of this Certificate, the Participant, current and
future Site owners, and their successors-in-interest are afforded immunity
from an enforcement action under the Virginia Waste Management Act (§§
10.1-1400 et seq.), the State Water Control Law (§§ 62.1-44.2 et seq.), the Air
Pollution Control Law (§§ 10.1-1300 et seq.), or other applicable Virginia law.
cTuhe i ,mmun, it}r~accorded by the Certificate shall apply to the Participant,
urrent ana Iurure owners of the Site and their successors-in-interest, and
shall run with the land identified as the Site.
Certification of Satisfactory Completion of Remediation
Franklin Road/Elm Avenue Parcel, VRP 00380
Page 3 of 7
RESERVATION OF RIGHTS
The immunity granted by issuance of this Certificate shall be limited to Site
conditions at the time of issuance as those conditions are described in the
information submitted by the Participant pursuant to participation in the
Program. The immunity is further conditioned upon satisfactory
pertormance by the Participant of all obligations required by the Director
under the Program and upon the veracity, accuracy, and completeness of the
information submitted to the Director by the Participant relating to the Site.
The immunity provided for under this Certificate does not pertain to any
matter other than that expressly specified in the section above entitled
"Determination." The Director reserves, and this immunity is without
prejudice to, the right to revoke or modify the Certificate (1) in the event
conditions at the Site, unknown at the time of issuance of the Certificate,
pose a risk to human health or the environment; or (2) in the event that the
Certificate was based on information that was false, inaccurate, or
.misleading. The Director further reserves, and this Certificate and immunity
~s without prejudice to, the right to pursue any and all claims for liability for
failure ? me_et a requirement of the Program, criminal liability, or liability
arising Irom Iuture activities at the Site which may cause contamination by
pollutants. By issuance of this Certificate, the Director does not waive
sovereign immunity.
This Certificate is not and shall not be interpreted to be a permit or a
modification of an existing permit or administrative order issued pursuant to
state law, nor shall it in any way relieve the Participant of its obligation to
comply with any other federal or state law, regulation, or administrative
order. Any new permit or administrative order, or modification of an existing
permit or administrative order must be accomplished in accordance with
applicable federal and/or state laws and regulations.
DISCUSSION OF RELEVANT INFORMATION
The subject site had been developed with the Crystal Springs Laundry from
approximately 1914 to 1977, at which time it was demolished. The subject
site has been undeveloped since then. Soil and groundwater sampling was
conducted at the subject site in 2002 and 2003 and both soil and
groundwater were found to be impacted by dry cleaning solvents. A
groundwater monitoring well was installed in 2004. Laboratory analyses
indicated soil and groundwater at the subject site to be impacted with
chloroform, 1,2-dichlorobenzene (1,2-DCB), cis-l,2,-dichloroethene (c-I,2-
DCE), tetrachloroethene (PCE) and trichloroethene (TCE). Only PCE and
TCE in groundwater exceeded the VRP Tier II Screening Levels m~d a
quantitative risk assessment determined that the concentrations present at
the site did not pose a significant risk.
In July 1998 during a geotechnical investigation, an underground storage
tank (UST) containing gasoline was encountered and removed. The UST was
Certification of Satisfactory Completion of Remediation
Franklin Road/Elm Avenue Parcel, VRP 00380
Page 4 of 7
documented to have had a release and was addressed under the
Commonwealth of Virginia UST regulations. Remaining petroleum
constituents were addressed under the VRP Risk Assessment.
Reports submitted include: "Addendum Report of Soil and Groundwater
Sampling and Laboratory Analyses - Elm Avenue Parcel (Tax Plat 1020310)",
dated January 2, 2003 (included all data from the initial site investigation);
"Report of Soil and Groundwater Sampling and Laboratory Analyses - Elm
Avenue Parcel (Tax Plat 1020304)", dated February 6, 2003; "Report of
Groundwater Sampling and Risk Assessment - Franklin Road~Elm Avenue
Parcel (VRP 00380)", dated May 21, 2004; "Report of Underground Storage
Tank Closure and Initial Abatement Measures - Franklin Road~Elm Avenue
Parcel", dated July 20, 2004; and, "Comment Letter Response - Franklin
Road~Elm Avenue Parcel (VRP 00380)", dated August 4, 2004.
The risk assessment concluded that contamination in the soft and
~[oundwater at the Site did not present an unacceptable risk to human
alth or the environment provided that the impacted groundwater at the
Site is not used for drinking water purposes or development for residential or
children day care purposes. Therefore, the following deed restrictions are to
be incorporated: (1) groundwater beneath the Site shall not be used for any
purpose other than environmental monitoring and testil?g and; (2) the Site
shall not be used for residential purposes or for children s (under the age of
16) daycare facilities, schools or playground purposes (although hotels and
motels are not prohibited). The residential exclusion also does not apply to
the use of the Property for a fully-staffed Fire Station/ Administration
Building.
In consideration of the implementation of the above-noted institutional
controls, the Director has accepted the conclusions of the Report.
This Certificate is conditioned upon its being signed by the Partic. ipant
and owner, and recorded within 90 calendar days of its issuance, ~n the
land records of the City of Roanoke, Virginia. A certified copy of the
ECert. ificate as recorded must be submitted to the Department of
nvironmental Quality, P.O. Box 10009, Richmond, VA 23240-0009,
ATTN: Voluntary Remediation Program.
Remainder of Page Intentionally Left Blank
Certification of Satisfactory Completion of Remediation
Franklin Road/Elm Avenue Parcel, VRP 00380
Page 5 of 7
Robert G. Burnley, Director
Department of Environmental Quality
Date: BY:
Robert J. Weld, Office Director
Office of Remediation Programs
State of Virginia,
The foregoing instrument was acknowledged before me this
by
[Notary Seal]
My Commission Expires:
Notary Public
Date: BY:
City of Roanoke, Virginia
By: Darlene L. Burcham, City Manager
State of Virginia
City of Roanoke
The foregoing instrument was acknowledged before me this
[Notary Seal]
My Commission Expires:
Notary Public
GRANTOR: City of Roanoke, Virginia
GRANTEE: City of Roanoke, Virginia
Tax Map Number: 1020310
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants made as of this day of July, 2005, under the
authority of Virginia Code Section 10.1-1230 et seq. and 9 VAC 20-160-110 by the City of
Roanoke, owner of the fee simple title to the property hereinafter described, GRANTOR, as
follows:
ALL THAT certain tract, piece or parcel of land containing a total + 0.77 acres, lying and
being in the City of Roanoke, Virginia, and plat attached.
WHEREAS, the City of Roanoke is the fee simple owner of the said property (see deed
recorded in Deed Book 1700, page 1142; and Instrument Number 030017023;
WHEREAS, in consideration of certain concessions made by the Director of the Virginia
Department of Environmental Quality, the Grantor has agreed to establish certain irrevocable
restrictive covenants limiting the use of certain portions of said property in order to protect
human health and the environment;
NOW THEREFORE, for the consideration referred to above, the receipt and legal sufficiency
of which is hereby acknowledged by the undersigned, and in order to protect human health
and the environment, the undersigned do hereby irrevocably, dedicate, declare and impose the
following restrictive covenants to run with the land on the above described property as
follows:
1. The groundwater beneath the property shall not be used for any purpose other than
environmental monitoring and testing.
2. The property shall not be used for residential purposes or for children's (under the
age of 16) daycare facilities, schools or playground purposes (although hotels and
motels are not prohibited). The residential exclusion also does not apply to the use
of the Property for a fully-staffed Fire Station/Administration Building.
This Declaration of Restrictive Covenants may be modified or released only with the
consent of the Director of the Department of Environmental Quality, upon a showing of
changed circumstances sufficient to justify the change.
Given under my hand and seal at Roanoke, Virginia, on the
day of July, 2005,
City of Roanoke, Virginia
By: Darlene L. Burcham
City Manager
State of Virginia
City of Roanoke
The foregoing instrument was acknowledged before me this
by
|Notary Seal]
My Commission Expires:
Notary Public
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, ¥~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
July 28, 2005
File #77
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Roberto Fonseca-Martinez
Division Administrator, Virginia Division
Federal Highway Administration
P. O. Box 10249
Richmond, Virginia 23240-0249
Dear Mr. Fonseca-Martinez:
I am enclosing copy of Resolution No. 37124-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Mary F. Parker, CMC
City Clerk
MFP:ew
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'n'ginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
July 28, 2005
File #77
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Kathleen S. Kilpatrick
State Historic Preservation Officer
Department of Historic Resources
2801 Kensington Avenue
Richmond, Virginia 23221
Dear Ms. Kilpatrick:
I am enclosing copy of Resolution No. 37124-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: {540) 853-1145
E-mail: ¢lerk~ci.roanok¢.va.us
July 28, 2005
File ,?77
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Don Klima, Director
Office of Federal Agency Programs
1100 Pennsylvania Avenue, N. W., Suite 809
Old Post Building
Washington, D. C. 20004
Dear Mr. Klima:
I am enclosing copy of Resolution No. 37124-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Mary F. Parker, CMC
City Clerk
MFP:ew
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
July 28, 2005
File #77
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Daniel W. Brown
Superintendent
National Park Service - Blue Ridge Parkway
199 Hemphill Knob Road
Asheville, North Carolina 28803
Dear Mr. Brown:
I am enclosing copy of Resolution No. 37124-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'trginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
July 28, 2005
File #77
Earl T. Robb, Environmental Engineer
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Dear Mr. Robb:
I am enclosing copy of Resolution No. 37:~24-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Mary F. Parker, CMC
City Clerk
MFP:ew
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vkginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
July 28, 2005
File #77
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Elmer C. Hodge, County Administrator
County of Roanoke
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Mr. Hodge:
I am enclosing copy of Resolution No. 37124-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Mary F. Parker, CMC
City Clerk
MFP:ew
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, %rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
July 28, 2005
File #77
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Ann M. Rogers
Virginians for Appropriate Roads
P. O. Box 2153
Rocky Mount, Virginia 24151
Dear Ms. Rogers:
I am enclosing copy of Resolution No. 37124-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21 $ Church Avenue, S.W., Room 456
Roanoke, V~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.u s
July 28, 2005
File #77
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Bruce Penner
Virginia Department of Transportation
P. O. Box 307~.
Salem, Virginia 24153-0560
Dear Mr. Penner:
I am enclosing copy of Resolution No. 37124-071805 authorizing the Mayor of
the City of Roanoke to execute the 1-73 Programmatic Agreement with the Federal
Highway Administration, the Advisory Council on Historic Preservation, the
Virginia State Historic Preservation Officer, the Virginia Department of
Transportation, the National Park Service, and Roanoke County, regarding the
Interstate 73 Corridor proposed to run through the City of Roanoke, such
agreement containing provisions seeking to resolve any adverse effects this
undertaking may have on the Blue Ridge Parkway or other historic properties.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Sincerely, //')
City Clerk
MFP:ew
IN THE COUNCIL OF THECITY OFROANOKE, VIRGINIA,
The 18th day of July, 2005.
No. 37124-071805.
A RESOLUTION authorizing the Mayor to execute an 1-73 Programmatic Agreement
with the Federal Highway Administration (FHWA), the Advisory Council on Historic
Preservation, the Virginia State Historic Preservation Officer, the Virginia Depa~hnent of
Transportation, the National Park Service, and Roanoke County, regarding the Interstate 73
Corridor proposed to mn through the City of Roanoke, such agreement containing provisions
seeking to resolve any adverse effects this undertaking may have on the Blue Ridge Parkway or
other historic properties.
WHEREAS, the Virginia Department of Transportation (VDOT) proposes to construct
Interstate 73 (VDOT Project No. 0073-962-FO 1, PE 101; PPMS 16596; VI)HR File No. 94-
0572) extending south from Interstate 81 in Roanoke to the Virginia-North Carolina state line,
hereinafter referred to as the Project;
WHEREAS, the VDOT anticipates receiving Federal financial assistance for the Project
from the Federal Highway Administration (FItWA), and the FHWA has determined that the
provision of financial assistance for the Project is an appropriate undertaking;
WHEREAS, pursuant to the Rivers and Harbors Act of 1899 and the Clean Water Act of
1973, a Depmment of the Army permit will likely be required from the Corps of Engineers, and
the Corps has designated FHWA as the lead federal agency to fulfill federal responsibilities
under the National Historic Preservation Act;
WHEREAS, the final alignment of the proposed Interstate 73 crossing of the Blue Ridge
Parkway was approved by the Commonwealth Transportation Board on July 15, 2004, and will
be located in the vicinity of the existing crossing of Route 220 at the Blue Ridge Parkway;
WHEREAS, the FHWA, in cooperation with VDOT, and in consultation with the
. Virginia State Historic Preservation Officer (SI-IPO), has determined that the Project will have an
adverse effect on the Blue Ridge Parkway, a property considered eligible for the National
Register of Historic Places;
WHEREAS, the FHWA, with the assistance of VDOT, has consulted with the Advisory
Council on Historic Preservation and the SHPO, to address the potential effects of the Project on
historic properties in accordance with the National Historic Preservation Act and its
· implementing regulations; and
WHEREAS, the City of Roanoke and the County of Roanoke, and Virginians for
Appropriate Roads (VAR) have participated as consulting parties during the consultation process
and have been invited by the FttWA to concur in this Programmatic Agreement.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
· I. The Mayor is hereby authorized to execute the 1-73 Programmatic Agreement in
order to ensure that the 1-73 Corridor project shall be implemented in accordance with proper
measures to resolve any adverse effects it may have on the Blue Ridge Parkway or other historic
properties.
2. The City Clerk is directed to transmit attested copies Of this Resolution to the
Federal Highway Administration, the Chair of the Advisory Council on Historic Preservation,
the State Historic Preservation Officer, the National Park Service, Mr. Brace Penner at the
Virginia Department of Transportation, and to the County of Roanoke.
ATTEST:
City Clerk,
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: 1-73 Programmatic Agreement
Background:
As part of the effort to complete the Final Environmental Impact Statement for
the 1-73 Location Study, the Virginia Department of Transportation (VDOT) has
developed a Programmatic Agreement that enumerates the responsibilities of
the signatories in implementing the various stipulations of the Programmatic
Agreement to resolve adverse effects to the Blue Ridge Parkway. The City of
Roanoke is one of several consulting parties that have been involved in the
process of evaluating potential impacts to the Blue Ridge Parkway.
Considerations:
The Federal Highway Administration (FHWA) and VDOT intend to address
potential adverse effects through implementation of a Memorandum of
Agreement (MOA,) developed in consultation with the consulting parties
identified for this project by FHWA. A draft MOA was issued in October 2004,
followed by a revised draft MOA issued in April 2005. All comments received
from consulting parties were addressed and incorporated, and at this time,
FHWA has determined that based on comments received on the revised draft
MOA, no further substantive changes to the agreement document have been
made. FHWA now requests signatures on the final Programmatic Agreement
for the 1-73 Corridor Project.
Honorable Mayor and Members of City Council
July 18, 2005
Page 2
With regard to the Blue Ridge Parkway (BRP) crossing design, the Agreement
stipulates, in part, that "The VDOT shall implement the Project so that the
major features of the Interstate 73 crossing of the BRP include a divided
median interstate with six traffic lanes that will be maintained within the
existing 160-foot-wide dedicated right-of-way of Route 220. No direct
connection between Interstate 73 and the BRP shall be constructed in the
current Iocation of the Route 220 and BRPinterchange. As desired by theNPS-
BRP, VDOT shall remove the existing access connection between Route 220
and the BRP upon initiation of construction of the section of the Project
crossing the BRP. The VDOT shall remit to the NPS-BRP at the time of said
construction the amount of the cost savings to the Project that result from the
decision not to restore the existing access (savings equal to the amount
design and construction of the access ramps would cost if access were
restored.) The NPS-BRP shall apply this money to the design and construction
of an access connection to the BRP at another location in the Clearbrook area
of Roanoke County between BRP mileposts 120 and 123. This location will be
determined by the NPS-BRP in consultation with Roanoke County and the City
of Roanoke."
Recommendation:
City Council authorize the Mayor to execute this agreement, which is binding
on the City for 20 years.
Respectfully submitted,
Darlene L. Burn, ham
City Manager/'
DLB/gpe
Attachment
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Kenneth H. King Jr., P.E., Manager, Division of Transportation
CM05-00107
orr.or o?or
Off~¢~ of th~ ~ty Cl~rk
Mary F. Parker, CMC
City Clerk
July 20, 2005
File #60-349
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartrnan
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37125-071805 transferring $125,000.00
from Capital Improvement Reserve for the Mill Mountain Theater, and amending
and reordaining certain sections of the 2005-2006 Capital Projects Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The l~th day of July, 2005.
No. 37125-071805.
AN ORDINANCE to transfer funding from Capital Improvement Reserve for the
Mill Mountain Theater, amending and reordaining certain sections of the 2005-2006
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 2005-2006 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue 008-310-9843-9132 $ 125,000
Economic Development 008-530-9575-9178 (125,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Mill Mountain Theater Funding
Background:
During Fiscal Year 2005-2006 Budget Study, City Council was briefed on the
funding request from Mill Mountain Theater. As a part of the briefing and
subsequent discussion, staff provided City Council with a recommendation
which entailed the provision of $200,000 for capital improvements over four (4)
years as a part of the FY 2005-2006 Capital Maintenance and Equipment
Replacement Program (CMERP).
Considerations:
Mill Mountain Theater requested consideration for the allocation of $125,000 in
the first year and $25,000 each year for three (3) subsequent years. Mill
Mountain Theater also requested that the funding be made available in July in
order to make the capital improvements during the off-season. In order to
facilitate providing the funding in July, there is the need to front fund the
allocation from Capital Project Contingency with reimbursement from CMERP.
Mayor Harris and Members of City Council
July 18, 2005
Page 2
Recommended Action:
Transfer $125,000 from Capital Project Contingency (08-530-9575-9178) to an
account to be established by the Director of Finance in the Capital Projects
Fund.
DLB:am
C:
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
CM05-00102
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'trginia 24011 - 1536
Telephone: (540) 853-2541
Fax: i540) 853-1145
E-mail: clerk @ci.roanoke.va.us
July 20, 2005
File #15-110-323
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Sloan H. Hoopes
2003 Maiden Lane, S. W.
Roanoke, Virginia 24015
Dear Mr. Hoopes:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, you were reappointed as a member of the War Memorial
Committee, for a term ending June 30, 2008.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
K:\oath and leaving service\War M~rnorial Committee~Sloan h hoopes oath05.doc
Mr. Sloan H. Hoopes
July 20, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
War Memorial Committee.
MFP:ew
Enclosures
pc:
Sincerely,
~Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, Secretary, War Memorial Committee
K:\oath and leaving service\War Memorial Comrnittee~Sloan h hoopes oath05.doc
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, 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 eighteenth day of July, 2005, SLOAN H. HOOPES
was reappointed as a member of the War Memorial Committee, for a term
ending June 30, 2008.
Given under my hand and the Seal of the City of Roanoke this twentieth
day of July, 2005.
~/.~.~ City Clerk
K:koath and leaving service\War Memorial Committee~Sloan h hoopes oath05.doc
MARY F. PARKER, CMC
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 @ci.roanoke.va.us
July 20, 2005
File #15-110-323
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Harold H. Worrell
1909 Carter Road, S. W
Roanoke, Virginia 24015
Dear Mr. Worrelh
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, you were reappointed as a member of the War Memorial
Committee, for a term ending June 30, 2007.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
K:\oath and leaving service\War Memorial Committee~Harold H. Worrcll oath05.doc
Mr. Harold H. Worrell
July 20, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
War Memorial Committee.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Sloan H. Hoopes, Chair, War Memorial Committee, 2003 Maiden
Lane, S. W., Roanoke, Virginia 24015
Stephanie M. Moon, Secretary, War Memorial Committee
K:~oath and [caving st'trice\War Memorial Committe¢~Harold H. Wort'ell oath05.doc
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, 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 eighteenth day of July, 2005, HAROLD H.
WORRELL was reappointed as a member of the War Memorial Committee, for a
term ending June 30, 2007.
Given under my hand and the Seal of the City of Roanoke this twentieth
day of July, 2005.
City Clerk
K:\oath and leaving service\War Memonal Committee~Harold H. Won-ell oath05.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, xrtrginia 24011~ 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ci.roanoke.va.us
July 20, 2005
File #15-110-323
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Robert O. Gray
1837 Carlton Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Gray:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, you were reappointed as a member of the War Memorial
Committee, for a term ending June 30, 2007.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
K:~oath and leaving service\War Memorial Committee\Robert O, Grayoath05.doc
Mr. Robert O. Gray
July 20, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
War Memorial Committee.
Sincerely,
~,~ Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Sloan H. Hoopes, Chair, War Memorial Committee,
Lane, S. W., Roanoke, Virginia 24015
Stephanie M. Moon, Secretary, War Memorial Committee
2003 Maiden
K:~oath and leaving service\WaT Memorial Cornmittee~Robert O. Grayoath05.doc
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, 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 eighteenth day of July, 2005, ROBERT O. GRAY
was reappointed as a member of the War Memorial Committee, for a term
ending June 30, 2007.
Given under my hand and the Seal of the City of Roanoke this twentieth
day of July, 2005.
~.City Clerk
K:\oath and leaving service\War Memorial Committee~q. obert O. Grayoath05.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Xr~rgirda 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
July 20, 2005
File #15-110-323
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Philip C. Schirmer
215 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Schirmer:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, you were reappointed as a member of the War Memorial
Committee, for a term ending June 30, 2006.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become famitiar with provisions of the
Act."
K:\oath and leaving service\War Memorial Corrwnittee~Philip C. Schirmer oath05.doc
Mr. Philip C. Schirmer
July 20, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
War Memorial Committee.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: $1oan H. Hoopes, Chair, War Memorial Committee, 2003 Maiden
Lane, S. W., Roanoke, Virginia 24015
Stephanie M. Moon, Secretary, War Memorial Committee
K:~oath and leaving service\War Memorial Cornmittee~Philip C. Schirrner oath05.doc
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, 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 eighteenth day of July, 2005, PHILIP C. SCHIRMER
was reappointed as a member of the War Memorial Committee, for a term
ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twentieth
day of July, 2005.
.~ City Clerk
K:\oath and leaving service\War Memorial Commitxee~Philip C. Schirmer oath05.d~c
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ ci.roanoke.va.us
July 20, 2005
File #15-110-323
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Anne E. Caldwell
2741 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Caldwell:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, you were appointed as a member of the Roanoke Public
Library Board, to fill the unexpired term of Samuel G. Oakey, III, resigned,
ending June 30, 2006.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
K:\oath and leaving scrvi¢¢~roa public librac, board\Anne E Caldwc]l oath05.doc
Ms. Anne E. Caldwell
July 20, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Roanoke Public
Library Board.
Sincerely,
~'..~ Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Stanley G. Breakell, Chair, Roanoke Public Library Board, 3256 Allendale
Street, S. W., Roanoke, Virginia 24014
Sheila S. Umberger, Secretary, Roanoke Public Library Board
Stephanie M. Moon, CMC, Deputy City Clerk
K:\oath and leaving scrvice¥oa public library boardL~nne E Caldwell oathOS.d~c
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, 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 eighteenth day of July, 2005, ANNE E. CALDW£LL
was appointed as a member of the Roanoke Public Library Board, to fill the
unexpired term of Samuel G. Oakey, III, ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twentieth
day of July, 2005.
City Clerk
K:\oath and leaving service~roa public library boardk~nne E Caldwell oath05.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'u'ginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-maih clerk @ci.roanoke.va.us
July 20, 2005
File #15-110-323
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Susan Koch
8 North Jefferson Street, Apt. 411
Roanoke, Virginia 24016
Dear Ms. Koch:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, you were appointed as a member of the Roanoke Public
Library Board, for a term ending June 30, 2008.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
K:\oath and leaving service~roa public library board~Susan Koch oath05.doc
Ms. Susan Koch
July 20, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Roanoke Public
Library Board.
Sincerely,
~/.e~ Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Stanley G. Breakell, Chair, Roanoke Public Library Board, 3256 Allendale
Street, S. W., Roanoke, Virginia 24014
Sheila S. Umberger, Secretary, Roanoke Public Library Board
Stephanie M. Moon, CMC, Deputy City Clerk
K:\oath and leaving service~roa public library board~Susan Koch oathOS.doc
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, 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 eighteenth day of July, 2005, SUSAN KOCH was
appointed as a member of the Roanoke Public Library Board, for a term ending
June 30, 2008.
Given under my hand and the Seal of the City of Roanoke this twentieth
day of July, 2005.
City Clerk
K:\oath and leaving service~roa public library boardLSusan Koch oath05.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V~rginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk @ ci.roanoke.va.us
July 20, 2005
File #15-110-543
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Thomas W. Ruff
127 Wildhurst Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Ruff:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 18, 2005, you were appointed as a member of the Towing
Advisory Board, to fill the unexpired term of Patrick Shumate, resigned, ending
June 30, 2006.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 3:[5 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
K:~oath and leaving s~rvicc\Towing Advisory Board\Thomas W Ruff ~ath05.doc
Mr. Thomas W. Ruff
July 20, 2005
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Towing Advisory
Board.
Sincerely,
Mary F. Parker, CMC
~¢"~ City Clerk
MFP:ew
Enclosures
pc:
Thomas A. Wood, Secretary, Towing Advisory Board, 2020 Mt. View Road,
Vinton, Virginia 24179
Stephanie M. Moon, CMC, Deputy City Clerk
K:~oath and leaving servic¢\TovAng Advisory Board\Tlmomas W Ruff oathOS.doc
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, 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 eighteenth day of July, 2005, Thomas W. Ruff
was appointed as a member of the Towing Advisory Board, to fill the unexpired
term of Patrick Shumate, resigned, ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twentieth
day of July, 2005.
City Clerk
K:\oath and leaving serv~ce\TovAng Advisory Board\Thomas W Ruff oath05.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'nginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk ~ ci.roanoke.va.u s
July 20, 2005
File #468
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
The Honorable M. Rupert Cutler, Chair
The Honorable Michael W. Altizer
Mr. Elmer C. Hodge
Mr. H. Odell Minnix
Ms. Darlene L. 8urcham
Mr Robert C. Lawson, Jr.
Mr. John 8. Williamson, III
Dear Members of the Board:
I am enclosing copy of Resolution No. 37126-071805 amending and restating the
Articles of Incorporation for the Western Virginia Water Authority to provide that
after the terms of office of present members end, the terms of their successors
will commence on July 1 of the year of their appointment, rather than on March 1.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Sincerely,
~.~ Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
July 20, 2005
Page 2
pc:
Gary L. Robertson, Executive Director, Water Operations, Western Virginia
Water Authority
Michael T. McEvoy, Executive Director, Wastewater Services, Western
Virginia Water Authority
Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water
Authority
Diane S. Childers, Clerk, Roanoke County Board of Supervisors, P. O. Box
29800, Roanoke, Virginia 240].8-0798
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of July, 2005.
No. 37126-071805.
A RESOLUTION amending and restating the Articles of Incorporation for the Western
· Virginia Water Authority (the "Authority").
WHEREAS, the Board of Supervisors of Roanoke County, Virginia ( the "County") and
the City Council of the City of Roanoke, Virginia (the "City") have jointly determined that'it is
in the best interests of the Authority to amend and restate the Authority's Articles of
Incorporation pursuant to the applicable provisions of the Virginia Water and Waste Authorities
Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"), and desire to
do so by the adoption of concurrent resolutions; and
WHEREAS, a public hearing has been held in accordance with the requirements of
§ 15.2-5104 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as
follows:
1.
follows:
The Articles of Incorporation of the Authority are hereby amended and restated as
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The Board of Supervisors of Roanoke County and the Council of the City of Roanoke
have by concurrent resolution adopted the following Articles of Incorporation of the Western
Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (Chapter
51, Title 15.2 of the 1950 Code of Virginia, as amended) ("Act").
ARTICLE 1
The name of the Authority shall be the Western Virginia Water Authority and the address
of its principal office is 600 South Jefferson Street, Suite 200, Roanoke, Virginia 24011.
ARTICLE II
The names of the incorporating political subdivisions are the County of Roanoke,
,,
~irginia and the City of Roanoke, Virginia. The County of Roanoke and the City of Roanoke, as
the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these
Articles of Incorporation shall not be further amended or changed without the express agreement
of each of the governing bodies of each of the incorporating political subdivisions. None of the
following actions shall be taken or permitted to occur by the Board of the Authority without the
affirmative vote of a majority of the members from each incorporating political subdivision of
the Board of the Authority:
(1) The inclusion of additional political subdivisions on the Authority;
(2) Additional agreement with other political subdivisions, entities, or persons, for the
bulk sale of surplus water or the acceptance and treatment of waste water.
(3) The recommendation to the governing bodies for the appointment of the seventh
member of the Board of the Authority.
ARTICLE III
The Board of the Authority shall consist of seven members. The names, addresses, and
terms of office of the initial members of the Board of the Western Virginia Water Authority
("Authority") are as follows:
1. Elmer C. Hodge, County Administrator - 3 year term
Roanoke County Administration Center
5204 Bernard Drive
P. O. Box 29800
Roanoke, VA 24018
2
'Michael W. Altizer, Board of Supervisors - 2 year term
3108 Valley Stream Drive
Roanoke, VA 24014
H. Odell "Fuzzy" Minnix, Citizen - 4 year term
3314 Kenwick Trail, SW
Roanoke, VA 24018
Darlene L. Burcham, City Manager - 3 year term
Noel C. Taylor Municipal Building
City Manager's Office
215 Church Avenue, Room 364
Roanoke, VA 24011
M. Rupert Cutler, City Council -2 year term
8 North Jefferson Street, #503
Roanoke, VA 24016
Robert C. Lawson, Jr., Citizen - 4 year term
Suntrust Bank, Suntrust Plaza
10 Franklin Road, SE, 9th Floor
Roanoke, VA 24001
P. O. Box 2867
Roanoke, VA 24001
George W. Logan, Citizen - 4 year term
2217 Crystal Spring Ave., SW, Suite 200
Roanoke, VA 24014
P. O. Box 1190
Salem, VA 24153
Mr. Logan resigned from the Board effective May 19, 2005 and the following director
has been appointed to fulfill the unexpired portion of his term:
John B. Williamson, III
Roanoke Gas Company
519 Kimball Ave, N. E.
Roanoke, Virginia 24016
The terms of office of each of the initial members shall begin on the date of issuance of a
certificate of incorporation or charter for the Authority by the State Corporation Commission.
The governing body of each participating political subdivision shall appoint the number of
members, who may be members of the governing body, set forth opposite its name below:
County of Roanoke - three
City of Roanoke - three
A seventh member shall be appointed jointly by the City of Roanoke and County of
Roanoke. The six members of the Authority Board shall recommend to the City and the County
the appointment of the seventh member. The City and the County shall ratify and confirm the
appointment of the seventh member. If the City and the County fail to act or are unable to act
within 60 days of the receipt of this recommendation, then the appointment of the seventh
member shall be made by the judges of the Circuit Court for the 23r~ Judicial Circuit.
Initially, the governing body of the County of Roanoke shall appoint one member for a
four-year term, one member for a three-year term, and one member for a two-year tenn.
Initially, the governing body of the City of Roanoke shall appoint one member for a four-year
term, one member for a three-year term, and one member for a two-year term.
After the initial terms, each member shall be appointed for a four-year term or until a
successor is appointed and qualified, which four-year term shall begin on July I of the year in
which the previous, initial term expires. The governing body of each political subdivision shall
be empowered to remove at any time, without cause, any member appointed by it and appoint a
successor member to fill the unexpired portion of the removed member's term.
Each member shall be reimbursed by the Authority for the amount of actual expenses
incurred in the performance of Authority duties.
ARTICLE IV
The purposes for which the Authority is to be formed are to exemise all the powers
granted to the Authority to acquire, finance, construct, operate, manage and maintain a water,
waste water, sewage disposal and storm water control system and related facilities pursuant to
the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of
4
Virginia, as amended' ("Act"). The Authority shall have all of the rights, powers, and duties Of
an authority under the Act.
It is not practicable to set forth herein information regarding preliminary estimates of
capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed
projects.
ARTICLE V
The Authority shall serve the County of Roanoke, the City of Roanoke, and to the extent
permitted by the Act and by the terms of these Articles and the Western Virginia Water
Authority Operating Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
ARTICLE ~1
The Authority shall cause an annual audit of its books and records to be made by the
State Auditor of Public Accounts or by an independent certified public accountant at the end of
each fiscal year and a certified copy thereof to be filed promptly with the governing body of each
of the political subdivisions.
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By
Elmer C. Hodge, County Administrator
and Incorporator
CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA
By
Darlene L. Burcham, City Manager
and Incorporator
5
2. This resolution shall take effect immediately upon its adoption.
~._~TTfl~S T: o
city Clerk.
6
WILLIAM M. HACKWORTH
CITY AT'OR NEY
CITY OF ROANOKE
OlqqCE OF CITY ATTORNEY
464 MUNIC/PAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-243 I
FAX: 540-853 1221
EMAIL: cityatty@ci.roanoke va.us
July 18, 2005
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Proposed Amendment to Articles of Incorporation for Western Virginia Water Authority
Dear Mayor Harris and Members of Council
The Board of the Western Virginia Water Authority has requested that its Articles of
Incorporation be amended to provide that after the terms of the present members end, that the
terms of their successors commence on July 1 of the year of their appointment, rather than on
March 1, as is currently the case. The stated purpose of the request is to permit members to serve
through the Authority's annual budget process, and not have their terms end or begin in the midst
of that process. The procedure that must be followed to amend the Authority's Articles of
Incorporation is the same that was followed when they were adopted in 2004. The County and
the City both must advertise, at least thirty days in advance, a public heating, after which the
governing bodies of the localities may adopt concurrent resolutions authorizing amended
Articles to be filed with the State Corporation Commission. A public hearing for Council to
consider this request has been advertised for July 18, and a copy of the proposed resolution is
attached for your consideration.
Please let me know if you have any questions about this matter.
With kindest personal regards, I am
Sincerely yours,
William M. Hackworth
City Attorney
WMH:f
Attachment
cc: Darlene L. Burcham, City Manager
Harwell M. Darby, Jr., Esquire, General Counsel, WVWA
Paul M. Mahoney, County Attorney
K:\COLrNCIL\l-hmwvwaar ticlesofincorporationamend. I .doc
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + .......................
WESTERN VA WATER AUTHORITY
2012 S JEFFERSON ST
ROANOKE VA 24014
REFERENCE: 80104937
06437573
PUBLICNOTICEPleasebe
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virqiuia. Sworn and subscribed before me this
~_~_~_day of June 2005. Witness my hand an
~f~c~l seal.
__j~,. ~_ ___~/~ Notary PuNic
PUBL]~SHED ON: 06/17
~ ~E
Please be advised that the
City Council for the City ol
TOTAL COST: 141.68
FILED ON: 06/17/05
Authorized
Signature: _, Billing Services Representative
PUBLIC NOTICE
Please be advised that the City Council for the City of Roanoke, Virginia, at its
meeting on Monday, July 18, 2005, in the Council Chambers, at the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at the session
beginning at 7:00 p.m., will hold a public hearing on the following:
The adoption by the City Council of Amended and Restated Articles of
Incorporation of the Western Virginia Water Authority, changing the
terms of members of the Board to begin July 1.
All members of the public interested in the matter set forth above may appear
and be heard at the time and place aforesaid.
If you are a person who needs accommodations for the public hearing, please
contact the City Clerk's Office at 853-2541 by Thursday, July 14, 2005.
A copy of the full text of the proposed resolution is on file and is available for
public inspection in the office of the Clerk of the City Council, whose office is located in
Room 456 at the Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
GIVEN under my hand this 7th day of June, 2005.
Mary F. Parker
City Clerk
Publish on the following date: Friday, June 17, 2005
Please send invoice to:
Ms. Jean Thurman
Western Virginia Water Authority
600 S. Jefferson Street, Suite 200
Roanoke, Virginia 24011
Please send Publisher's Affidavit to:
Mary F. Parker, City Clerk
464 Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
orrOr O?Or
Off~ce of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
July 20, 2005
File #2-166-468
Stephanle M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37127-071805 authorizing the CiW
Manager to execute the necessary documents to convey City-owned property
housing a water storage tank, located on Carroll Avenue, consisting of 1.2508
acres and identified as Official Tax No. 2340106, to the Western Virginia Water
Authority, upon certain terms and conditions, as more fully set forth in a letter
from the City Manager addressed to the Council under date of July 18, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
July 20, 2005
Page 2
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Gary L. Robertson, Executive Director, Water Operations, Western Virginia
Water Authority
Michael T. McEvoy, Executive Director, Wastewater Services, Western
Virginia Water Authority
Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water
Authority
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of July, 2005.
No. 37127-071805.
AN ORDINANCE authorizing the City Manager to execute the necessary documents to
convey City-owned property housing a water storage tank, located on Carroll Avenue, consisting
of 1.2508 acres and identified as Official Tax No. 2340106, to the Western Virginia Water
Authority, upon certain terms and conditions, and dispensing with the second reading by title of
this ordinance.
WHEREAS, a public heating was held on July 18, 2005, pursuant to §§15.2-1800(B) and
1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that:
1. The City Manager and City Clerk are authorized to execute and attest,
respectively, upon form approved by the City Attorney, the necessary documents to convey for
nominal consideration City-owned property housing a water storage tank, located on Carroll
Avenue, consisting of 1.2508 acres and identified as Official Tax No. 2340106, to the Western
Virginia Water Authority, upon certain terms and conditions, and as more particularly stated in
the City Manager's letter to City Council dated July 18, 2005.
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.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe,Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Conveyance of City Owned
Property To Western Virginia
Water Authority Tax No. 2340106
The City owns property located on Carroll Avenue that was previously held by
the Water Department. The parcel is located on Carroll Avenue and has a 2-
million gallon water storage tank located on it. (See Attachment #1). This
parcel was inadvertently omitted from the initial transfer of property to the
Western Virginia Water Authority. The City desires to convey this parcel to the
Western Virginia Water Authority.
Recommended Action:
Authorize the City Manager to execute the appropriate documents to convey
the property to the Western Virginia Water Authority for nominal consideration,
such documents to be approved as to form by the City Attorney.
City Manage~
DLB/SEF
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
CM05-00103
Attachment #1
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ........................
ROANOKE CITY CLERK'S OFFICE
215 CHURCH AVE RM 4
ROANOKE VA 24011
REFERENCE: 80023382
06850713
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, an the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
~i~ sYe~i~unl~n2d0 ~ .bs c~ tbneeds sbemf~r[anm~ :nhis
PUBLISHED ON: 07/11
TOTAL COST:
FILED ON:
129.03
07/12/05
I1011C[ ~ I'IIILIC
~e City of Roa;Ioke
.................................................. + ............. J&! .........
Authoriz ' '~
Signature: I I' Billing Services Rep.~sentative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey a 1.2508 acre portion of City-owned property
located on Carroll Avenue, N.W., identified by Tax No. 2340106, to the Western Virginia
Water Authority.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a
public hearing on the above matter at its regular meeting to be held on Monday, July 18,
2005, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is
available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said
matter.
If you are a person with a disability who needs accommodations for this hearing,
please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, July 14,
2005.
GIVEN under my hand this 7th day of July ,2005.
Mary F. Parker, City Clerk.
K:XNOTICES\NS CITY TO WVWA 071805 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Monday, July 11, 2005.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
CITY OF ROANOKE
Office of the City Clerk
Mary F. Perker, CMC
City Clerk
July 20, 2005
File #166-192-373
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37~.28-071805 authorizing the City
Manager to enter into a License Agreement between the City of Roanoke and
Roanoke Sports Group, LLC, for an initial term of three years, with an additional
two year term upon mutual agreement of the parties, which will provide for use of
the Civic Center Coliseum and certain related facilities by Roanoke Sports
Group, LLC, as more fully set forth in a letter from the City Manager addressed to
the Council under date of July 18, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005, and is in full force
and effect upon its passage.
MFP:ew
Since~ly,
Mary F. Parker, CMC
City Clerk
Attachment
Darlene L. Burcham
July 20, 2005
Page 2
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
James Grigsby, Acting Assistant City Manager for Operations
Glenn A. Asher, Risk Management Officer
Wilhemina W. Boyd, Director, Civic Facilities
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2005.
No. 37128-071805.
AN ORDINANCE authorizing the City Manager to enter into a License Agreement
between the City of Roanoke and Roanoke Sports Group, LLC, for an initial term of three years,
with an additional two year term upon mutual agreement of the parties, which wil! provide for
use of the Civic Center Coliseum and certain related facilities by Roanoke Sports Group, LLC, to
provide a certain number of United Hockey League ("UHL") games in the coliseum and to
provide certain office space and other space to Roanoke Sports Group, LLC for use during the
term of the License Agreement; authorizing the City Manager to take such further action and
execute such documents as may be reasonably necessary to provide for the implementation and
administration of the License Agreement upon certain terms and conditions; and dispensing with
the second reading of this ordinance by title.
WHEREAS, the Council of the City of Roanoke has held a public hearing on this matter
after proper advertisement of such hearing, all as required by §§15.2-1800, et seq., of the Code
of Virginia ( 1950) as amended.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are authorized to execute and attest
respectively, a License Agreement between the City and Roanoke Sports Group, LLC, for an
initial term of three years, with an additional two year term upon mutual agreement of the
parties, which will provide for use of the Civic Center Coliseum and certain related facilities by
Roanoke Sports Group, LLC, to provide a certain number of UHL games in the coliseum and to
provide for the use of 736 square feet of office space at the Roanoke Civic Center upon certain
terms and conditions as set forth in the attachment to the City Manager's letter to this Council
dated July 18, 2005. The License Agreement is to be in a form substantially similar to the one
attached to such letter. All necessary documents shall be upon form approved by the City
Attorney.
2. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is
hereby dispensed with by title.
ATTEST:
~.~ City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
Ci~Web: www.roanokegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. rowe, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Su~e~:
License Agreement
between the City and
Roanoke Sports Group,
LLC
Background:
On February 25, 2005, the United Hockey League (UHL) announced that the
league's Board of Governors had granted approval to Ken and Kristen Dixon to
bring their hockey team to Roanoke. They have formed a Limited Liability
Corporation, Roanoke Sports Group, doing business as the Roanoke Valley
Vipers. There are 15 teams in the league which is in its 15th season. The team
will play 38 home games.
The initial term of the License Agreement is for three years, with an additional
two-year term upon mutual agreement between the Roanoke Sports Group, LLC
and the City of Roanoke. The new team will replace the now defunct Roanoke
Express (formerly Valley Rampage, Valley Rebels, and Virginia Lancers) of the
East Coast Hockey League that occupied the Roanoke Civic Center Coliseum
from 1988 until 2004.
The team owners have the financial resources to bring hockey back to Roanoke
and experience in the sport and as business owners. The owners anticipate
generating revenue in excess of $200,000 by creating special incentives to
increase attendance.
Honorable Mayor and Members of City Council
July 18, 2005
Page 2
Considerations:
After thorough research and careful consideration, we have determined that the
league's reputation, the owner's financial status and sports experience, along
with their business backgrounds would be an asset to the Roanoke Valley. We
have collaborated to develop a license agreement to benefit both parties.
Entering into the proposed Agreement with Roanoke Sports Group, LLC would
further enable the City to achieve its goals of promoting quality events that can
be enjoyed by the entire family and all age groups. Also, it would increase
revenue for the City of Roanoke and the Civic Center. The Agreement would be
for three (3) years with a two-year option to extend. The season would be from
October to April. Specific dates for the 2005-2006 hockey season were finalized
the end of June. Furthermore, the City will convey 736 square feet of office
space to the Roanoke Sports Group, LLC, as part of the terms and duration of
such license agreement.
Recommended Action:
Authorize the City Manager and City Clerk to execute a License Agreement
between the City and Roanoke Sports Group, LLC. All documents necessary to
implement the terms of the Agreement shall be approved as to form by the City
Attorney. Authorize the City Manager to take further actions and execute further
documents as may be necessary to implement and administer such Agreement,
including exercising the option to extend the Agreement.
Respectfully sub(~ed,
City Manager
DLB:wyb
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Glenn A. Asher, Risk Management Officer
Wilhemina Y. Boyd, CFE, Director of Civic Facilities
CM05-00083
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (Agreement) is dated ,2005, between CITY
OF ROANOKE, VIRGINIA, hereinafter referred to as "City" or "licensor" and Roanoke
Sports Group, LLC, an Ohio limited liability company, 6299 Dressler Rd., NW, North Canton,
OH 44720, hereinafter referred to as "Licensee."
WITNESSETH:
Whereas, Licensor is the owner of the Roanoke Civic Center and the appurtenances
thereto, which are located at 710 Williamson Road, N.E. in Roanoke Virginia, including a
coliseum, exhibit hall, performing arts theatre, and parking areas (the "Civic Center").
Whereas, Licensee is affiliated with and a franchisee of the United Hockey League (UHL)
and is owner of the Roanoke Valley Vipers, who promote and present minor league
professional hockey games.
Whereas Licensor wishes to grant to Licensee certain rights to use those areas of the Civic
Center that are defined herein to present and promote hockey games and Licensee wishes
to use the Civic Center to present and promote such hockey games on the terms and
conditions set forth herein.
THEREFORE, IN CONSIDERATION of the mutual covenants contained in this Agreement,
subject to the provisions set forth above, City and Licensee agree as follows:
1. Licensed Premises and Term:
A. City grants Licensee permission as hereinafter set forth to use only those
portions of the Roanoke Civic Center known as the Coliseum floor, designated
dressing rooms, and designated storage spaces, all of those portions herein
referred to as "Licensed Space" or "Space" or "Premises." Such permission to
use the Premises is granted ONLY for the specific dates and times as may be
agreed to pursuant to Paragraphs 3 and 4 for the 2005-2006, 2006-2007, and
2007-2008 hockey seasons, including pre-season and playoff games. The
hockey season, including gaining camp and post season games, generally runs
from approximately October 1 - May 31. City further grants Licensee, at no
additional charge, permission to use the Coliseum for practice at times mutually
agreed to by the parties, including preseason training camp, and Licensee shall
have priority for practice time before 5:00 p.m. on each such day ice is available
in the Coliseum. During training camp, use time may go beyond 5:00 p.m.
City further grants Licensee, during the regularly scheduled hockey season, at
no additional charge, the use of a dressing room, and storage for lockers and
equipment, such space to be designated by City.
Hockey Agreement 2005-2008
The initial term of the Agreement shall commence as of June 1, 2005, and end
May 31, 2008. The initial term of this Agreement may be extended for an
additional two-year term upon the mutual agreement of both parties. The party
wishing to extend the initial term shall notify the other party of its desire to
extend the initial term by delivering to the other party a written notice of such
desire, no sooner than 360 days, but no later than 150 days prior to the
expiration of the initial term. The party receiving the request shall, within 60
days after receipt of the request, notify the requesting party in writing if it
consents to the extension. If the party receiving the request fails to respond, the
request will be deemed rejected and there will be no extension, unless otherwise
agreed upon in advance in writing by the City and the Licensee. If the parties
mutually agree to an extension as provided for above, the term of this agreement
shall be extended for an additional two years, upon the same terms and
conditions as set forth herein. The initial term and any extended term as
provided in this Agreement, are collectively referred to as the "Term."
Licensee and its employees or players shall not use any part of the Coliseum,
other than the Premises, or any other locations on the Roanoke Civic Center
property without the express written consent of the Civic Center management,
which will not be unreasonably withheld.
Licensee will be provided a minimum of 4 office spaces totaling 736 square
feet, with utilities included. If the National Basketball Development League
("NBDL") team, the Roanoke Dazzle, leaves at the end of it's license
agreement, the hockey Licensee will have first right of refusal to utilize
designated office spaces the Da77!e currently occupies, before the space is made
available to another party. Licensee will be responsible for janitorial service,
telephone and cable television in office spaces they occupy.
Purpose: Licensee shall use the Premises for the sole purpose of hockey and
hockey related activities.
Use Dates:
A. All game dates for the 2005~2006 hockey season have been mutually
determined and the 2005-2006 game schedule dates are already fixed and such
schedule is attached hereto as Exhibit A and made a part hereof. Such game
dates may be changed only by mutual agreement of the City and Licensee.
Furthermore, any playoff game dates are to be mutually determined by the
parties at a later date subject to the availability of the Coliseum. Holding dates
for the 2006-2007 and 2007-2008 seasons are described below under Paragraph
4.
All games scheduled for Friday or Saturday will begin at 7:30 p.m. unless
otherwise mutually agreed upon. Weekday games will begin at 7:00 p.m. and
Sunday games will begin at 4:00 p.m. unless otherwise agreed upon.
Co
Licensee's use of the Coliseum for regularly scheduled games may begin two
hours before the scheduled game time and shall terminate one-half hour after
conclusion of the game, except that Licensee's employees may have access to
the Coliseum up to 8 hours before game time in order to prepare for the game,
unless otherwise directed by Civic Center management after consultation with
Licensee.
D. Practice shall be at such times as agreed upon by the parties and as set forth in
Paragraph 1 above.
Use of the designated dressing rooms shall begin as mutually agreed by the
parties at the start of the hockey season and terminate at the conclusion of the
hockey season, including playoff games, or as the City may otherwise direct
Licensee concerning the use of such rooms.
Holding Dates: The dates for the 2005-2006 hockey season have been determined
and are set forth in Exhibit A and may only be changed by the mutual written
agreement of the parties. Furthermore, any playoff game dates are to be mutually
determined by the parties at a later date subject to the availability of the Coliseum.
Prior to February 1 of each year during the term of this Agreement, Licensor shall
submit a list of 60 dates reasonably spaced throughout the duration of the upcoming
League season that are available for Licensee to reserve for League Game Dates
("Arena List of Available Dates"). The Arena List of Available Dates shall include
22 Friday and/or Saturday dates not then reserved by Licensor for other events
reasonably spaced throughout the duration of such League season.
City Admissions Tax: A 9% City admissions tax is assessed per ticket on all tickets
sold and on all complimentary tickets issued. Licensee shall be responsible for
collection and payment of such tax and also authorizes Licensor to deduct
applicable taxes from settlement and remit such taxes to the City on behalf of the
Licensee. Admissions tax on season tickets (both sold and complimentary) will be
the responsibility of Licensee to collect and pay to the City in accordance with the
City Code, and Licensee further authorizes Licensor to deduct any and all such
taxes due the City from settlement from the first game and each game thereafter
until paid in full.
Facility Surcharge: A facility surcharge in the amount of $2.00 for adults and $1.00
for children shall be charged on all tickets sold, including season tickets. This is a
charge to the ticket purchaser, not the Licensee. All tickets must list the price of the
event and the facility surcharge separately. No surcharge will be charged on
complimentary tickets or for events where no admission is charged. If any tickets
are printed or sold by the Licensee in accordance with this License Agreement, the
Licensee shall be responsible for collection of this facility surcharge and payment to
the City of the surcharge mount due the City. Any additional fees or charges that
may be established by the City or Civic Center Commission during the term of this
Agreement shall be charged on all tickets sold in the same manner as set forth
above or as set forth in the establishment of such fees and charges.
Fee Terms, Expenses and Charges:
A. Basic Facilitie~ Fee: Licensee shall pay to City a "Basic Facilities Fee" per
game played at the Coliseum according to the following schedule:
Hockey Season Year
Per Game Fee
2005-2006 $2,500
2006-2007 $3,000
2007-2008 $3,000
B. Guaranteed Number of Games and Marketing:
1)
Licensee shall and does guarantee that a minimum of 38 official regular
season UHL games will be played on the Premises in the Coliseum during
the hockey season occurring during the term of this Agreement. If the
Licensee falls to meet this guarantee of 38 games per season, Licensee shall
pay the City the per game Basic Facilities Fee as set forth in 7(A) for the
season in question times 38 plus any other expenses or charges. Credit will
be given for any sums paid by Licensee to City for any games played during
that season.
2)
A prorated deduction shall be made for any games cancelled by Licensee
(and not rescheduled) because of causes beyond the Licensee's control
including, but not limited to accidents, an act of God, weather, failure of
equipment, strikes, lockouts, or any orders or regulations of any federal,
state, or local government authority, or because of the City's failure to
provide the facility in a suitable fashion for ice hockey.
3)
Marketing of Hockey Team by Licensee: Licensee acknowledges that it is
important to the success of the hockey team to appropriately market the
hockey team and games and that this is in the best interest of both Licensee
and City. Therefore, Licensee agrees, at a minimum, to take the actions and
meet the standards for such marketing set forth in the Action Plan which is
attached hereto and made a part hereto as Exhibit B. Failure by Licensee to
undertake such marketing actions or expend the minimum funds shall
constitute a material breach of this Agreement.
C. Practice TimE: Practice time for the Licensee provided pursuant to Paragraph 1
will be included in the Basic Facilities Fee. The charge for use of the Coliseum
for practice time by any visiting team will be the then current Civic Center rate
for such use.
D. Special Facilities Charges: Licensee agrees to pay, in addition to other fees,
charges and expenses, to City any and all "Special Facilities Charges." "Special
Facilities Charges" as described in Paragraph 19 shall be defined as the
cumulative total owed to the City for facilities and services furnished by City to
Licensee in addition to the Basic Facilities Fee as described in Paragraph 18 of
this Agreement. Such charges shall be based upon a Schedule of Charges on
file in the Office of the Director of Civic Facilities.
E. Event Staffing: The City shall provide as part of the Basic Facilities Fee such
event staff personnel as the City deems necessary for the presentation of each
game; such staffwill not exceed a maximum of 1 supervisor, 12 ticket takers,
door guards, 14 ushers, 1 usher supervisor, 6 peer security, 4 police officers, 1
ticket seller supervisor and 8 ticket sellers, 1 guest services assistant, 1 sound
and house lights operator, 1 spotlight operator, 1 message board operator, 1
alarm security operator, 2 EMS attendants, and 1 ice resurfacing machine
operator. Such event staff shall be under the exclusive supervision and control
of the City. All on ice staffing required for production and presentation of the
hockey game shall be provided and paid for by the Licensee, and shall be under
the Licensee's exclusive supervision and control.
Out-of-Pocket Expenses: Licensee agrees to pay, in addition to other fees,
charges and expenses, to City any and all "Out-of-Pocket Expenses" incurred in
connection with this Agreement. "Out-of-Pocket Expenses" shall be defined as
any and all expenses advanced by City on behalf of Licensee in connection with
this Agreement in City's complete and exclusive discretion unless otherwise
identified in this Agreement, including without limitation, expenditures for
payment of stage hands for special events, ticket printing, outside equipment
rental, building or property damage (including, bm not limited to, dasher glass
unless broken during an official UHL game), catering service, towels and
flowers.
G. Other Expenses: Other than the fees, charges, and expenses set forth in this
Agreement, Licensee shall only be liable for those additional expenses and
Licensee requests in writing or that the parties mutually agree are necessary.
H. Rebate: City agrees to credit or pay Licensee for an attendance rebate per game
for each hockey season, based on turnstile count, to be credited or paid at
settlement, according to the following schedule:
5
Hockey Season Year
Based on turnstile counts:
2005-2006
$0.25 per attendeefrom 1-80,000
$0.75 per attendee over 80,000
$1.00 per attendee over 100,000
$1.25 perattendee over l25,000
2006-2007
$0.50peraRendee~oml-80,O00
$0.75 per attendee over 80,000
$1.00 per attendee over 100,000
$1.25 per attendee over 125,000
2007-2008
$0.50 per attendee from 1-80,000
$0.75 per attendee over 80,000
$1.00per attendee over 100,000
$1.25 perattendee overl25,000
Payment and Settlement:
Licensee shall pay to the City the Basic Facilities Fee, any Special Facilities
Charges, out of pocket expenses, or other costs or expenses incurred in
accordance with this License Agreement. The City will deduct from each game
settlement the appropriate amounts as set forth in paragraphs 5, 6 and 7
hereinabove from gross ticket sales derived from each game. Settlement shall
be completed within 72 hours after each game. At settlement, Licensee shall,
upon request, be provided turnstile numbers and ticket "deadwood." Should the
total payment required for each game in the Coliseum not be met at settlement,
the balance required to meet the payment required for each game in the
Coliseum will be deducted from the game settlement of the successive hockey
game and each game thereafter until paid in full. In the event of any deficit
after the final game of the season, the Licensee will pay such additional amount
to the City within ten days of the final home game of the season. However, City
may require Licensee to pay any balance due the City at any time and the
Licensee will pay City any such balance within 15 days after the date of any
such notice to pay such balance.
Licensee further agrees that City shall be entitled, in City's sole and exclusive
discretion, to deduct payment of any amount owed by Licensee to City,
including, without limitation, Admissions Tax, Basic Facilities Fees, Special
Facilities Charges and Out-of-Pocket Expenses, directly from the Gross
Receipts of each game prior to any determination of any amount to be disbursed
to Licensee. Any such deduction shall be fully documented by the City, in
writing, and an accounting for such deductions provided to Licensee at the time
of settlement.
9. Cancellation:
Licensee agrees to maintain and operate a hockey team for the term of this
Agreement and the three hockey seasons covered by this Agreement and will
not cancel this Agreement. If this Agreement is cancelled or terminated by
either party for any term of the License Agreement, Licensee will pay City the
full amount of the Basic Facilities Fee and all other fees, charges, and expenses
due the City for the 2005 -2006 hockey season or the remainder thereof less any
amounts Licensee has paid the City prior to such cancellation or termination,
provided that any such cancellation or termination by the City is due to or in
some way related to some fault, failure to perform, or breach by Licensee
relating to this Agreement.
In the event that City should determine that a reasonable basis exists for
concluding either that there has been a default, nonperformance or breach of
any of the warranties, terms or conditions of this Agreement by Licensee or that
Licensee has abandoned or cancelled the License, City shall have sole and
complete discretion to declare the Agreement to be terminated, and/or deny
Licensee use of the Premises for one or more hockey games, and shall notify
Licensee in writing. In the event of termination or failure of Licensee to fulfill
the guaranteed number of games set forth in Paragraph 4 and Paragraph 7(B),
Licensee shall pay on demand to City, the amount due under the Agreement for
the guaranteed minimum number of games and any outstanding special facility
charges and out-of-pocket expenses for the balance of such hockey season. As
security for such payment and Licensee's compliance with the terms of this
Agreement, Licensee shall deliver to City within 10 days of the date of this
Agreement a letter of credit approved by the City in an amount of ninety five
thousand and no/cents ($95,000.00). The security shall be valid for the term of
this Agreement or automatically renewable for the term of this Agreement. If
such security is renewed annually or threatened to be cancelled and Licensee
does not replace it at least 20 days before such event, that shall be deemed a
breach of this Agreement and the City shall be entitled to exercise its rights to
the security. Such security shall be returnable to Licensee upon the Licensee's
full compliance with all of the terms of this Agreement or automatically
renewable for the term of this Agreement.
Should this License Agreement be terminated or cancelled, the City further
reserves the right to contract with or obtain other entities who may provide a
hockey franchise or hockey club that will play at the Roanoke Civic Center or
otherwise provide for use of the Coliseum as City deems appropriate.
10.
Insurance: Licensee shall obtain and maintain, until the completion of this
Agreement, commemial general liability insurance and other coverage as listed
below with respect to claims arising out of the subject matter of this Agreement.
The amount of such insurance shall not be less than:
11.
A. General aggregate $1,000,000, which shall include a broad form contractual
liability clause.
B. Products Completed/Operations Aggregate $1,000,000.
C. Personal and Advertising Injury $1,000,000.
D. Each Occurrence $1,000,000.
E. Above mounts may be met by umbrella form coverage in a minimum mount
of $1,000,000 aggregate; $1,000,000 each occurrence.
F. Applicable Workers' Compensation Insurance as required by law with waiver
of subrogation as to the City and those named as additional insureds below.
Licensee's property: Licensee shall, at its sole cost and expense, obtain and
maintain during the life of this Agreement a property insurance policy written
on an "ail risk" basis insuring all of the Licensee's personal property, including,
but not limited to, equipment, furniture, fixtures, furnishings, and improvements
which are Licensee's responsibility for not less than full replacement cost of
such property. All proceeds of such insurance shall be used to repair or replace
Licensee's property.
Licensee shall name City, the Roanoke Civic Center Commission, their officers,
agents, employees and volunteers as additional insureds as their interests may
appear on the above policies, except for the Workers Compensation policy, and
shall include an additional insured endorsement to the policy or policies.
Licensee shall furnish the City by September 24, 2005, certificates evidencing
the required insurance coverage and expressly providing that such coverage
shall not be cancelled or materially altered except after thirty (30) days prior
written notice of such cancellation or material alteration has been provided to
City, c/o Director of Civic Facilities at the address set forth in Paragraph 27 of
this Agreement. In the event that proper evidence of such insurance is not so
provided to the city, City reserves the unqualified right to deny Licensee use of
the Premises and/or to cancel any games or this Agreement in accordance with
Paragraph 9 above.
Indemnification and Allocation of Risk:
A. Licensee agrees to be responsible for and pay, indemnify, and hold harmless the
City, the Roanoke Civic Center Commission, their officers, agents, employees,
and volunteers against any and ail claims, damages, injuries, losses, costs, and
expenses, including but not limited to reasonable attorneys' fees, of any type or
nature resulting from any claim or legal action of any nature whatsoever,
whether or not reduced to a judgment or settlement, or for any liability of any
nature whatsoever that may arise against City, the Roanoke Civic Center
Commission, their officers, agents, employees, or volunteers in connection with
any games or in connection with any of the rights and privileges granted by City
to Licensee in this Agreement, including, without limitation, any patent,
trademark, franchise, copyright, libel or defamation claim or suit and any claim
or suit based upon Licensee's or Licensee's agents, servants, employees or
invitees' acts or omissions, intentional, negligent, or otherwise. Licensee
further warrants that all copyrighted materials to be performed during any
games or otherwise have been duly licensed or authorized by their copyright
owners and Licensee agrees to be responsible for all license and royalty fees
incurred by reason of the performance and, in addition to any provisions
contained elsewhere in this Agreement, to indenmify and hold City, the
Roanoke Civic Center Commission, their officers, agents, employees, and
volunteers harmless from any and all claims, losses or expenses incurred with
regard thereto.
Receipt and storage of equipment or property by City for Licensee shall be at
Licensee's expense and risk. Licensee agrees to hold City harmless for any
damage to or loss of any property of the Licensee however such damage or loss
shall occur, including, without limitation, damage due to City's negligence.
12.
Compliance with Laws and Regulations: Licensee shall comply with all laws,
ordinances and regulations adopted or established by federal, state or local
governmental agencies or bodies and with ail City rules and regulations applicable
to the Premises, and Licensee shall require that its agents, employees, contractors or
subcontractors do likewise.
13.
Licenses and Permits: Licensee shail pay promptly all applicable taxes and fees,
including City admissions tax, and obtain all licenSes or permits for use of the
Premises as required by federal, state or local laws and ordinances upon demand,
therefore, by City.
14.
Advertising Rights: Any and all advertising rights granted to Licensee by this
Agreement shall not conflict with and are hereby subject to any contracts or
obligations City has with others, including Arena Ventures, LLC, and Bottling
Group, LLC, d/b/a The Pepsi Bottling Group, and as to the City and Licensee, the
right to all permanent advertising and ail revenues therefrom remains with the City
and will be handled by the City as the City deems appropriate.
Subject to this limitation, Licensee is granted only the following advertising rights:
A. Licensee shail retain only the rights to permanent advertising in the Coliseum
outer Concourse and ice resurfacing machine, and temporary removable
advertising inside the coliseum seating bowl area only during hockey games.
Location of such advertising must be approved in advance by the Director of
9
Civic Facilities or his or her designee and cannot conflict with other advertising
that might be present and shall not obstruct any permanent advertising or other
information signage that may be placed by the City or its representatives.
Licensor shall pay Licensee a commission equal to 60% of revenue (net of
applicable taxes and out-of-pocket costs) from each sale of Fixed Advertising
by Licensee during the Term, payable incrementally as and when payments are
made by the advertiser. Out of Pocket costs are defined as expenses incurred in
connection with replacing and maintaining (other than routine maintenance)
Fixed Advertising, designing and constructing new Fixed Advertising panels or
other installations. When an existing Fixed Advertising contract is renewed,
such renewals on existing fixed advertising contracts are subject to any
applicable commissions due for such renewals.
C. In-ice logos are the sole responsibility of the Licensee including all materials
and labor for installation of said logos.
Do
Temporary advertising must be removed by the Licensee immediately after each
game unless otherwise agreed to in writing by the Director of Civic Facilities or
his designee.
Licensee may elect to make capital improvements in the Coliseum outer
concourse to create additional Fixed Advertising inventory, which has the
consent of the NBDL for the duration of their license agreement ending May 31,
2006 and subject to the approval by Licensor. Advertising on such terms shall
be paid, first to reimburse Licensee for all reasonable and documented costs
related to the capital improvement and, then, sixty percent (60%) to Licensee
and forty (40%) to Licensor. Licensee shall comply with all applicable laws,
rules ordinances, and regulations in connection with procurement of such
capital improvements.
15.
Tickets and Ticket Office: City shall maintain control and direction of ticket office,
ticket sales, ticket personnel and ticket sales revenue. City has entered into an
agreement with a ticket company that has the capability of providing electronic
ticketing services. Licensee shall honor the fees, conditions and requirements
contained in City's Agreement with such ticketing company. In addition, the
following rules shall apply:
Agencies: City shall have the right to offer tickets for sale at all of its regular
ticket agencies. Licensee shall have the sole right to sell season tickets and
shall be solely responsible for any refunds for season tickets, and admissions tax
shall be paid in accordance with Paragraph 5.
Charges: City shall provide ticket office facilities, the cost of which, in addition
to other fees, charges and expenses in this Agreement, shall be 3% of net ticket
receipts to be paid by Licensee, provided that the calculation of net ticket
10
receipts shall not include receipts from season ticket sales and revenue from net
ticket receipts for pre-season exhibition games shall be split by the City and
Licensee equally. Licensee shall also pay 3.25% or prevailing rate of all credit
card sales.
C. Ordering of Tickets: All hard tickets must be ordered and arrangements for
electronic tickets must be made by the City.
D. Manifest: A printer's certified and notarized manifest shall be submitted in
duplicate to the Licensee.
Ticket Promotions, Discounts, and Printed Material: Information regarding all
ticket promotions, discounts, and any related printed material must be presented
to the Civic Center Box Office for approval prior to distribution or
announcement. Such approval shall not be unreasonably withheld by the City.
Such material presented at the Box Office without prior approval will not be
honored.
Licensee shall sell all tickets at the prices as advertised or promoted; any deviations
shall be approved in writing by City. Licensee shall provide 50 complimentary tickets
to City for each game to be used at the sole discretion of Licensor. Licensee shall not
sell or dispose of tickets in excess of the seating capacity of the Premises as approved
by City. City reserves the right for safety purposes to limit the number of persons
entering the Premises at any lime. Licensee agrees that no tickets shall be released for
sale until City has received the security in acceptable form set out in Paragraph 9
above.
City reserves the right to make ticket refunds for cause, in the sole and exclusive
discretion of City, in keeping with the City's policy of serving the public in the best
possible manner and maintaining public faith as set out in Paragraph 24 of this
Agreement.
16. Parking:
The City retains control of all parking spaces and shall operate all parking in its
sole discretion. The City shall control all parking and shall retain all revenues
generated therefrom.
No activities and no advertising of any type shall be conducted on or in any
Civic Center parking facilities nor any other use of the Civic Center parking
facilities shall be permitted, except with the express written consent of Civic
Center management.
Shuttle bus service for hockey game attendees shall be made available by the
City only when the Director of Civic Facilities or designee determines that such
service should be provided. Any fees that may be charged to passengers for
11
17.
shuttle bus service shall be at the sole discretion of the City and any such
revenue therefrom will be retained by the City.
Event Requirements:
Without the prior approval of City, Licensee shall not bring onto the Premises
any material, substance, equipment or object which may endanger the life of, or
may cause bodily injury to any person on the Premises or which may constitute
a hazard to property thereon as reasonably determined by City. City reserves
the right, in City's sole and complete discretion, to refuse to allow any such
material, substance, equipment or object to be brought onto the Premises and
the further right to require its immediate removal therefrom.
Licensee certifies to City that it has a valid contract or contracts with the United
Hockey League and each hockey player and will maintain such in order to be
able to present the hockey games required by this Agreement.
18. Basic Fac'flities:
19.
20.
In addition to use of the Premises, City shall provide to Licensee at City's
expense heating and air conditioning, overhead light for ordinary use, of a
public address system, dasher boards, scoreboard (excluding advertising) and
related equipment, and use of an ice resuffacing machine and goals. Ice,
including painting and lines necessary for presentation of the game, but
excluding in-ice advertising, shall be included in the Basic Facilities Fee.
City retains the right and power to specify the minimum number of personnel
utilized by Licensee for police protection of patrons attending games. Licensee
shall pay for the cost of any personnel deemed necessary that exceeds the
number of personnel outlined in Paragraph 7(E).
Special Facilities: Special Facilities shall include, without limitation, services and
facilities in addition to the above Basic Facilities as specially requested by Licensee
including, without limitation, the following: Rental of in-house equipment such as
stages, pianos, projectors and forklifts; special mechanical or electrical connections,
equipment or service, stage hands, scoreboard operator, matrix operator, catering,
and staff overtime. Payment for special facilities shall be made in accordance with
Paragraphs 7D and 8.
Utility Connection: Contracts for installation or alteration of electricity, gas and
plumbing shall be made by and at the expense of Licensee with contractors
approved in writing by City, which approval shall not be unreasonably withheld.
All such connections and related work will be at the expense of the Licensee,
including any related costs incurred by City, and will be subject to prior written
approval by the Director of Civic Facilities.
12
21.
Stagehands: Qualified technicians and stagehands, as approved by the Director of
Civic Facilities, may be employed for use on the Premises for special presentations
including rehearsals. All lighting, sound and technical equipment must be operated
by personnel authorized by the City, which authorization shall not be withheld
unreasonably. All stage hands must be paid for by the Licensee for these special
presentations.
22. Food and Merchandise Sales:
23.
24.
Food and beverages shall be served through City or City's food service
operator. Licensee shall receive 25% of net concessions sales (after sales tax
and 54% of costs of goods sold). No food or beverages of any kind may be
brought in by the Licensee. Any catering must be provided by the City or
City's food service operator and paid for by the Licensee.
City shall, during the term of this agreement, authorize Licensee to sell
brochures, booklets, programs, novelties or other such material during hockey
games at areas of the Premises designated by City, at no charge to Licensee,
with the proceeds to be retained by Licensee. Licensee assumes and is
responsible for and will pay any taxes or other fees or charges due for any such
sales.
Control of Facility and Right to Enter: In permitting the use of the Premises, City
does not relinquish the right to enforce all necessary and proper rules and laws for
the management and operation of the Premises and the safety of the citizens. Duly
authorized representatives of City may enter the Premises at any time and on any
occasion without restriction for the enforcement of any such rules and laws. City
reserves the right to remove or cause to be ejected from the Premises any person
engaging in dangerous, unsafe, or illegal conduct and neither the City nor its agents,
officers or employees shall be liable to Licensee or others as a result of the exercise
by City of such right. City reserves and maintains the absolute right to stop or
prevent a game and evacuate the Premises, where in City's sole and exclusive
discretion such action is required for public safety, without any liability on the part
of City. Doors to the Premises shall be opened for each game at such times and in
the manner prescribed by City.
Action in Public Interest: Licensee agrees that it is the policy of City to serve the
public in the best possible manner and Licensee agrees that it, its employees and
agents shall at all times cooperate with City in effecting this policy and maintaining
the public faith.
25. Agreement to Quit Premises:
A. Licensee agrees to quit the Premises at the end of each of the dates and times as
set forth in Paragraphs 1, 3 and 4 and at the end of the term or termination of
this Agreement and leave the Premises and any other City property in the same
13
26.
27.
28.
29.
30.
condition as at the commencement of the Agreement, ordinary wear and tear
excepted.
Licensee shall pay on demand to City as an Out-of-Pocket Expense the cost of
repair or replacement for damages deemed by City in its sole and complete
discretion to be material, and not as a result of ordinary wear and tear, which
occurred to the Premises or for damages to any other City property as a result of
Licensee's use of the Premises.
Licensee shall remove all of its materials or items from the Premises as the City
may direct md/or at the end of the hockey season and/or Licensee shall remove
all of its materials or items from the Premises or other City property at the
termination of this Agreement. City may remove at the expense of Licensee all
such materials or items remaining on the Premises at the end of the hockey
season or at the termination of this Agreement. Licensee shall be responsible
for payment of storage costs for such material or items and City shall in no way
be responsible for and Licensee agrees to hold City harmless for any loss,
damage or claims with respect to any materials or items removed or stored
under the terms of this Agreement.
Assigranent: Licensee shall not assign or transfer any right or interest under this
Agreement, including, without limitation, the right to receive any payment, without
City's prior written approval of such assignment and Licensee agrees that any such
assignment without prior written approval of City shall be null and void.
Notice: Notice to City required by this Agreement shall be sent by certified mail,
return receipt requested, to City of Roanoke, c/o Director of Civic Facilities, P. O.
Box 13005, Roanoke, Virginia 24030; notice to Licensee hereunder may be sent by
regular mall or certified mall, return receipt requested, to Licensee's address or by
facsimile to Licensee at (540) 345-4518, or at such other address as the parties may
designate in writing to the other party.
Certification: The undersigned hereby certifies that he or she is legally authorized
to enter into this Agreement on behalf of Licensee and to bind Licensee to the terms
and conditions contained herein and that Licensee is legally authorized to enter into
this Agreement.
Relationship to Other Parties: It is not intended by any of the provisions or any part
of this Agreement to confer a benefit upon any other person or entity not a party to
this Agreement or to authorize any person or entity not a party to this Agreement to
maintain a suit pursuant to the terms or provisions of this Agreement, including,
without limitation, any claim or suit for personal injuries, property damage or loss
of profits or expenses.
Default by CiW: In the event of any default or breach of any of the terms or
conditions of this Agreement by City, Licensee agrees that City's liability shall be
14
31.
32.
33.
34.
35.
limited to a prorated repayment for any game involved in such default of any
amount of deposit or fee previously paid to City by Licensee during the applicable
hockey seasons under this Agreement, less any applicable Special Facilities
Charges or Out-of-Pocket Expenses.
Forum Selection and Choice of Law: By virtue of entering into this Agreement,
Licensee agrees and submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws
of the Commonwealth of Virginia and that all claims, disputes, and other matters
shall be decided only by such court according to the laws of the Commonwealth of
Virginia.
Separate Provisions: If any provision of this Agreement should be held invalid or
unenfomeable, the remainder of this Agreement shall remain in full fome and
effect. Each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
Matters Beyond the Control of the Cit~: The City shall have no liability or
responsibility of any type to the Licensee for any failure to perform any of the terms
or conditions of this License Agreement or the furnishing of any of the facilities,
utilities, or services called for by this License Agreement that may be due to causes
beyond the City's reasonable control including, but not limited to accidents, an act
of God, weather, failure of equipment, strikes, lockouts, or any orders or regulations
of any federal, state, or local government authority.
Nonwaiver: Any particular waiver or failure to enforce by the City of any term or
condition of this License Agreement or breach thereof by the Licensee shall extend
to that particular instance only and is not and shall not be a waiver of any of the
terms or conditions of this License Agreement or other breaches by the Licensee
thereof or the rights of the City under this License Agreement.
Nondiscrimination by Licensee:
A. During the performance of this Agreement, Licensee agrees as follows:
1)
Licensee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of
Licensee. Licensee agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
2)
Licensee in all solicitations or advertisements for employees placed by or
on behalf of Licensee will state that Licensee is an equal opportunity
employer.
15
36.
37.
38.
39.
40.
3) Notices, advertisements and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of
meeting the requirements of this section.
B. Licensee will include the provisions of the foregoing subparagraphs A (1, 2,
and 3) in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor.
Drug-free Workplace:
During the performance of this Agreement, Licensee agrees to (i) provide a
drug-free workplace for the Licensee'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
Licensee that Licensee maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order of
over $10,000, so that the provisions will be binding upon each subcontractor
or vendor.
B. 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
unlawful manufacture, sale, distribution, dispensation, possession or use of
any controlled substance or marijuana during the performance of the contract
or Agreement.
Headings: The paragraph captions and headings in this License Agreement are for
convenience and reference purposes only and shall not affect in any way the
meaning or interpretation of this License Agreement.
Books and Records: The City or its representatives shall have the right, upon
written request to Licensee, to inspect copy and/or audit the books and records of
Licensee regarding any matters or issues relating to or connected with this
Agreement.
Faith-Based Organizations. Pursuant to Virginia Code Section 2.2-4343.1, be
advised that the City of Roanoke does not discriminate against faith-based
organizations.
Complete Agreement: This Agreement constitutes the final, complete and
exclusive statement of the terms of the understanding between City and Licensee.
All terms and conditions of this Agreement shall be binding upon City and
Licensee, their heirs, successors or assigns, and cannot be modified by any oral
representation or promise of any agent or other representative of either City or
Licensee. This Agreement may be modified only by written instruments properly
executed by City and Licensee.
16
WITNESS the following signatures:
WITNESS:/ ~.
iSPORTS GROUP, LLC
,4~e t'~le_12 ~ .~,'~resident, Governor
ATTEST:
By:
Mary F. Parker, City Clerk
Appropriation and Funds Required for
this Contract Certified
CITY OF ROANOKE, VIRGINIA
By:
Darlene L. Burcham, City Manager
Director of Finance
Date Acct. #
Seen and Approved:
By:
Assistant City Manager for Operations
Approved as to Form:
Approved as to Execution
Assistant City Attorney
Assistant City Attorney
17
Roanoke Professional Hockey Action Plan
Advertising Plan
Sales Strategy
1. Roanoke Professional Hockey Proactive Inventory - inventory that we market and sell
directly to customers in advance.
a. Season Tickets
b. Mini-Plans
c. Group Sales
d. Corporate Partnerships
2. Season Tickets and Mini-Plans
a. Renewals - most done before the end of the season
b. Sales staff prospects for new business
c. Many new season tickets will be corporate partnerships
d. Will search local colleges for prospective interns
e. Leads are put into system:
i. They are sent a letter with a copy of their clipping in the news
ii. Follow-up phone call
iii.Seek to schedule a face-to-face appointment
3. Corporate Partnership Sales Campaign
a. Networking through local chambers, civic clubs, etc.
b. Renewal process ongoing
c. Business Strategies
i. Direct Mail
ii. Database
iii. Organized approach to prospects
iv. Al~er initial contact(s) direct mail, we follow up with phone call seeking
an appointment
v. At face-to-face meetings we implement sales method (2 call close)
needs/solution based sales
vi. Once partnership established we must follow through and fulfill for
long-term relationship
vii. Under Promise/Over Deliver
viii. Goal is 90-120 quality potential "new corporate business" appointments
from this campaign
~ Package the product to fit the needs of each potential customer
x. Focus on the affordability of the product as family entertainment
xi. Utilize all networks to reach maximum number of clients
xii. Treat every business, organization or individual as a potential
customer/partner
18
Group Outings
a. Networking
b. Build group nights into most corporate partnerships
c. Develop "Pre-Determined Group Nights" and identify other specific types of
groups to contact regarding Group Outings
d. Follow the specific strategies for group prospecting )talk to everyone at games,
visit groups and find new leads through spouses, etc., talk to season ticket
holders)
e. Memhant Nights - to be explained in detail later
Miscellaneous Sales Strategies
a. Improve our skill levels thus leading to more sales and better customer relations
b. Improve our technical capabilities, which will lead to more sales - better
tracking of databases, organized approach to calls and followups and better
customer relations
c. Capturing more email addresses makes us more effective, makes the customer
feel more involved and saves money
d. Roanoke Professional Hockey Electronics Newsletter
e. Strategic Broadcast Emalls and faxes throughout the year
The focus of our organization is to create a sense of urgency to be involved with the Roanoke
Professional Hockey. We have to put a quality product on the ice and are looking to create an
excellent overall entertainment package. Once we meet our goals and pre-sell as many groups
as possible in the summer, an atmosphere will be created at our games that will make us the
"thing to do" in Roanoke. This is the foundation for continued seasons of success in Roanoke.
Crowds create more crowds. If we are successful in generating excitement for large crowds,
there will be a sense of urgency to be involved with the team again. This will help increase the
value of a season ticket.
The outcome of this season will have a direct effect on both renewal rates and new sales. Fans
will always want to stay with a winner. This element, however, can not be counted on and this
plan will better prepare us to meet our goals regardless of team success in the playoffs.
19
Goals
One Year Goals · Corporate Goals - "Cash" Sales - $30,000
· Season Tickets - 1,000 season tickets / $380,000
· Mini-Plans - 100 ticket plans / $13,000
· Group Tickets - 15,000 tickets / $120, 000 revenue
· Walk-up 38,000 tickets / $456,000 in revenue
· Improve team cohesiveness, camaraderie, chemistry and trust
· Sell out our Program Ad inventory by August 1, 2005
· Total integration of database into sales, marketing and promotional strategies
· Continual sales and marketing Iraining and improvement
· Review and analyze media advertising placement so as to devise and implement an ad
campaign that drives more walk-up attendance
· Develop solid relationships with local businesses and organizations
· Stay on track with overall action plan
Three Year Goals · Maintain effective, productive and cohesive staff
· Grow Pro-Active Inventory Sold at a rate of 5% - 10% per season during this time
· Steadily increase community involvement and awareness while rebuilding trust
· Win a Championship
20
Action Plan
· Name the team contest
· Name the mascot contest
· Establish season ticket pricing and perks for 2005/2006
ASAP
· Mini-Plan quantities and perks for 2005/2006
ASAP
· Finalize 2005/2006 Corporate Partnership Pricing
ASAP
· Get Play-by-Play for "o~hold" if possble
ASAP
· Grand Re-opening of store (name store)
ASAP
· Budweiser boxes have arrived - get them out with sign up forms
ASAP
· Pepsi 'Meet the Roanoke Prof. Hockey where they Eat" Campaign in February
ASAP
· Gather other area/regional sports teams' schedules in regard to Roanoke schedule
Ongoing
· Attain average paid attendance of 3000 fans per home game
Ongoing
· Work with box office and ticket staff to more accurately track group numbers
Ongoing
· Continue to enhance relationship and involvement with Chamber of Commerce
Ongoing
· Work with box office towards more congenial working relationship with sales staff
And customers
Ongoing
· Work with box office to capture more data on ticket buyers so as to
Implement sales strategies that will help with attendance
Ongoing
· Link all sponsors on website
oing
Better control of website for more current information
oing
· Identify various holiday marketing and promo oppommities with respect
To schedule
Ongoing
· Work with the UHL to bring in rivals on weekend dates
Ong
Ong
Ong
21
Improve relationships with local media
oing
Provide the best PR Department in minor League Hockey
Timely and accurate press releases
oing
· Newsletter
oing
Build the image of the Roanoke Professional Hockey in the community
oing
Improve inter-office communications (minutes, copy emails to all)
oing
Develop more programs to get into schools (Geography - player and team
Locations, Art- coloring contests/program covers, Math - stats,
Science - making ice
Ongoing
Allow local retired players free access to games (Gold Pass)
ber 2005
· Job Descriptions and pay structures revised
1, 2005
· Establish and Mandate a standard prospecting system and activity
Requirements for various selling cycles of Feb - Mar/Apr - Oct / Nov - Jan
1, 2005
· Establish a "working" database for season ticket prospecting
1, 2005
· Finalize Budget
1, 2005
· Order St. Patrick's Day Jerseys - March 3, 2006
1, 2005
· Establish an advisory board comprised of local business leaders
1, 2005
· Contact all current season ticket holders about renewing
15, 2005
· Contact corporate partners about renewing
15, 2005
· Decide on whether or not to implement "Early Bird" group specials
15, 2005
· Devise a monthly banking and/or credit card payment option
Ong
Ong
Ong
Ong
Ong
Ong
Octo
Mar
June
June
June
June
June
June
June
June
Strategy that is beneficial to the team
15, 2005
· Outline corporate partnership sales plan for generating new business
15, 2005
· Have in place 1 or 2 full time ticket sales people
15, 2005
· Have 1 or 2 unpaid Sales interns in place
15, 2005
· Develop corporate ticket Distribution/Usage strategy (no more
Empty paid seats)
30, 2005
· Coordination of contracts billing and accounting system
30, 2005
· Train sales staff; establish goals, policies and procedures
1, 2005
· Brainstorm to come up with 50 main themes/promotions for next year
10, 2005
· Review Marketing/Advertising campaign and brainstorm for next season
10, 2005
· Develop a special KIDS Season ticket
17, 2005
· Establish all group outing guidelines and perks
17, 2005
· Brainstorm to come up with 50-100 on- ice contests for next year
17, 2005
· Identify a list of at least 50 pre-determined group night candidates
24, 2005
· Devise and develop a strategic method of media/flyers/posters etc. to
Better stimulate walk-up
31, 2005
· Brainstorm for more ways to draw traffic to website
31, 2005
· Devise and better develop the Roanoke Kid's Club Strategy
31, 2005
· Identify game night activities that will be a part of corporate inventory
31, 2005
· Devise and develop group sales prospecting strategy
31, 2005
· Suramer appearances need to be outlined
7, 2005
· Contact Scout Groups to identify best nights for scouts
7, 2005
· Contact D.A.R.E. to discuss 1 or 2 special nights
7, 2005
June
April
Apdl
April
April
May
May
May
May
May
May
May
May
May
May
May
May
June
June
June
23
· Develop a special holiday theme group outing
7, 2005
· Develop and market a special bi~hday package for Kids Club members
14, 2005
· Wrap up a majority of corporate renewals
14, 2005
· Devise a game night media partner strategy for 05-06
14, 2005
· Further develop website to be a better marketing tool
14, 2005
· Pocket schedule pricing and layout
14, 2005
· Schedule poster layout
14, 2005
· Final UHL schedule
2005
· Develop season ticket VIP benefit program
6, 2005
· Devise and develop strategy to better leverage website to stimulate
Single game sales
6, 2005
· Outline golf outing
6, 2005
· Secure sponsors for appropriate game night sponsorship opportunities
6, 2005
· Explore post game activities that might stimulate attendance
6, 2005
· Explore game day afternoon business seminars that may generate attendance
Sept 2005
· Recruit game night interns
Sept 2005
· Review of off-ice officials
2, 2005
· Determine jersey auction dates
2, 2005
· Coordinate travel and accommodations
15, 2005
· Develop inventory process for game night's merch/chuck-a-puck programs
15, 2005
· Begin layer move-in / immigration process
1, 2005
· Complete the media guide
1, 2005
· Work the plan
Jane
June
June
Jane
June
June
June
July
July
July
July
July
July
July-
July-
Aug
Aug
Sept
Sept
Oct
Oct
Maior areas we need to focus on to sell the groups and drive mass amounts
of paid tickets:
1.Charity groups
2.Scouts
3.Youth sports
4.Guns and Hoses tournament (charity event)
5.Churches
6.Political
7.City groups
8.Ethnic groups
9.SC-4
10. Police, Firemen, Immigration, Border Patrol, Air Force
11. School kids program
Q. How do we utiliTy/entice these above groups?
A. Offer the fundraiser and the group discount builds to suit each specific group
Ways to promote Roanoke Professional Hockey
1. Web Site
2. Radio
3. K-Mart
4. Target
5. Local grocery chain
6. Pepsi
7. Bud
8. Dominos
9. McDonalds
10. We must display posters at corporate sponsor's locations
11. Cross promote with our partners
12. Lets locate all newspaper sources and get presence in the paper. We are the thing to do,
so let's use our stroke to get in.
13. Basic grass mots underground marketing (flyers, mass distribution)
25
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.............................................. + .........................
ROANOKE CITY CLERK'S OFFICE
215 CHURCH AVE RM 4
ROANOKE VA 24011
REFERENCE: 80023382
06825971
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the followin~
dates:
City/County of Roanoke, Commonwealth/State of
vi~ip~_a. Sworn and subscribed before me this
__~__~ay'~H of July 2005. Witness my hand an
o ffTcial seal.
__/~_~____~~ot sty Public
PUBLISHED ON: 07/08
TOTAL COST:
FILED ON:
131.56
07/12/05
requlreme~t~ of
Au. thorized ''
Sl~nature:__/_~___k~a/~ ............ · _-~__%~_~, Billin~ Services Rel~.~sentative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 736 square feet of City-owned property
located at the Roanoke Civic Center to Roanoke Sports Group, LLC, for use as office space as part
of the terms of a license agreement between the City of Roanoke and Roanoke Sports Group, LLC,
for the operation of a hockey team.
Pursuant to the requirements of§§l 5.2-1800 and 1813, Code of Virginia (1950), as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on July 18, 2005, commencing at 7:00 p.m., in the
Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W.,
Roanoke, Virginia 24011.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this heating, please
comact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, July 14, 2005.
GiVEN under my hand this 6th day of July
,2005.
Mary F. Parker, City Clerk.
K:XNOTICES~NL-HOCKEYTEAM-CIVICCENTER071805.DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, July 8, 2005.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Off~¢e of the CIt3t Clerk
Mary F. Parker, CMC Stephanle M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 20, 2005
File #72-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37129-071805 authorizing the City
Manager to execute the Grant Agreement with the Virginia Employment
Commission for Program Year 2006, in order for the City to continue as the grant
recipient of funding for the Workforce Investment Act for Area 3.
The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, July 18, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human/Social Services
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18%h day of July, 2005.
No. 37129-071805.
A RESOLUTION authorizing the City Manager to execute:the Grant Agreement with
the Virginia Employment Commission for Program Year 20Q6 in order for the City to
continue as the grant recipient of funding for the Workforce Investment Act for Area 3.
WHEREAS, the City of Roanoke is the grant recipient for Workfome Investment Act
("WIA") funding and City Council must appropriate funding for all grants and other monies
received in order for the Western Virginia Workforce Development Board to administer WlA
programs;
WHEREAS, the Western Virginia Workforce Development Board administers the
federally funded Workforce Investment Act for Area 3, which encompasses the counties of
Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke,
and Salem; and
WHEREAS, the Virginia Employment Commission is the recipient of such funding
from the U. S. Department of Labor and has submitted a WIA agreement for the City of
Roanoke to continue to be the grant recipient for WIA Area 3 for Program Year 2006, to be
operated by the Western Virginia Workforce Development Board.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
I. The City Manager and the City Clerk are hereby authorized on behalf of the
City to execute and attest, respectively, the Grant Agreement with the Virginia Employment
Col~amission for Program Year 2006.
2. The form of said agreement, and any necessary amendments thereto, shall be
approved by the City Attorney.
ATTEST:
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853 2444
FAX: (540) 853-1145
July 19, 2005
To the Chief Local Appointed Officials (CLEO designees)
An agenda item at the July 18, City Council meeting was the approval of an
agreement between the Virginia Employment Commission and the City to serve
as the grant recipient for Workforce Investment Area III funds for 2006.
Although the item was eventually approved, much discussion was held
regarding the composition of the Workforce Development Board and its lack of
racial diversity.
This letter is to request that you consider as a priority the appointment of a
diverse board that is reflective of the community and its clientele. Such action
will reinstate confidence in the Board's ability to fairly and sensitively address
the needs of displaced and disadvantaged workers in our region.
Thank you in advance for your diligence in this important activity.
Sincerely,
C. Nelson Harris
Mayor
C:
Darlene L. Burcham, City Manager
Members of City Council
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.rom~okegov.com
July 18, 2005
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Agreement Between
Local Workforce
Investment Area III and
Virginia Employment
Commission
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act
(WlA) funding; thus, City Council must appropriate the funding for all
grants and other monies received in order for the Western Virginia
Workforce Development Board to administer WlA programs. The Western
Virginia Workforce Development Board administers the federally funded
Work force Investment Act (WlA) for Area 3, which encompasses the
counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the
cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment
through no fault of their own;
Honorable Mayor and Members of City Council
July 18, 2005
Page 2
· Economically disadvantaged individuals as determined by
household income guidelines defined by the U.S. Department of
Labor;
· Youth who are economically disadvantaged, or who have other
barriers to becoming successfully employed adults; and
· Businesses in need of employment and job training services.
Considerations:
The Virginia Employment Commission (VEC) has submitted a WlA
agreement for the City of Roanoke to continue to be the grant recipient
for WlA Area 3, to be operated by the Western Virginia Workforce
Development Board.
· Program Operations - Existing activities will continue, and planned
program will be implemented.
· Funding - Funds will be available from the Grantor agency and
other sources as indicated, at no additional cost to the City.
Recommendation:
Authorize the City Manager to execute the required Grant Agreement
with the Virginia Employment Commission for Program Year 2006.
Respectfully submitted,
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
Jane R. Conlin, Director of Human/Social Services
Rolanda B. Russell, Asst. City Manager for Community Development
#CM05-00095