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Home My WebLink AboutCouncil Actions 10-18-07 MASON 37925-101807 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 1 8, 2007 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Members Lea and Wishneff were absent. The Invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Saturday, October 20, 2007, at 4:00 p.m., and Sunday, October 21 ,2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. K:IACTION AGENDAIAction Agenda 0710ct 0710ctober 18 2007 action agenda.doc 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 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.CLlCK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE 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. K:IACTION AGENDAlAclion Agenda 0710ct 07\Oclober 18 2007 action agenda.doc 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution memorializing the late Honorable Jack B. Coulter. Adopted Resolution No. 37925-101807. (5-0) 3. CONSENT AGENDA (APPROVED 5-0, additional closed meeting request from the City Manager) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from 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)(l), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(l 0), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 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 Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. K:IACTION AGENDAlAclion Agenda 0710ct 0710ctober 18 2007 action agenda. doc 3 C-4 A communication from George F. Taylor, Vice-Chair, Board of Trustees, City of Roanoke Pension Plan, transmitting the 2006 Annual Report. RECOMMENDED ACTION: Received and filed. C-s A communication from Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, requesting that Council ratify the reappointment of Dana Barnes Lee as an at-large member of the Board of Directors, for a term ending December 31, 2010. RECOMMENDED ACTION: Concurred in the request. C-6 Reports of qualification of Donald A. Dillard as a member of the Personnel and Employment Practices Commission, to fill the unexpired term of William L. Holland ending June 30, 2010; and John D. Fulton and Derek B. Cundiff as members of the Architectural Review Board, for terms ending October 1, 2011. RECOMMENDED ACTION: Received and filed. 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 '11eeting 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. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. The Cost Collections Unit results from the collection of delinquent state and local fines and court costs for fiscal year 2006-2007. Donald S. Caldwell, Commonwealth's Attorney. (Sponsored by the City Manager.) No action taken. K:IACTION AGENDAIAclion Agenda 0710ct 0710ctober 18 2007 action agenda.doc 4 b. A communication from Alton F. Knighton, jr., Attorney, representing Blue Ridge Behavioral Healthcare, Inc., requesting adoption of a measure to approve issuance of bonds by the Industrial Development Authority of the Town of Clifton Forge, Virginia, in an amount not to exceed $6 Million, to assist in the financing of construction, renovation and equipping of two buildings located at 3003 Hollins Road, N. E., in the City of Roanoke. (Sponsored by the City Manager) Adopted Resolution No. 37926-101807. (5-0) 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: . Market Garage Update (Briefing was held in Room 159.) 45 minutes ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a Gang Resistance Education and Training Program Grant from the U. S. Department of CriminalJustice; and appropriation of funds. Adopted Resolution No. 37927-101807 and Budget Ordinance No. 37928-101807. (5-0) 2. Acceptance of the Edward Byrne Memorial justice Assistance Grant from the U. S. Department of Criminal justice; and appropriation of funds. Adopted Resolution No. 37929-101807 and Budget Ordinance No. 37930-101807. (5-0) 3. Acceptance of a Brownfield Revolving Loan Fund Grant from the Environmental Protection Agency. Adopted Resolution No. 37931-101807 and Budget Ordinance No. 37932-101807. (5-0) 4. Authorization to change the name of First Street, N. W., between Centre Avenue and Wells Avenue, to Henry Street, N. W. Adopted Resolution No. 37933-101807. (5-0) K:IACT10N AGENDAlAclion Agenda 0710ct 071October 18 2007 action agenda.doc 5 \ 5. Amendment of the 2006/2007 An~ual Update to the HUD Consolidated Plan for the Mountain View Recreation Center improvement project. Adopted Resolution No. 37934-101807. (5-0) 6. Amendment of the City Code with regard to fire alarm systems and security alarms. Adopted Ordinance Nos. 37935-101807 and 37936-101807. (5-0) 7. REPORTS OF COMMITTEES: a. Request of the Roanoke City School Board for appropriation of funds for the 2007-08 Industry Certification Examinations, Licensure Testing, and Occupational Assessments Program; and a report of the Director of Finance recommending that Council concur in the request. Richard C. Patterson, Director of Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 37937-101807. (5-0) 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A Resolution designating Council Member Alfred T. Dowe, Jr., as the Voting Delegate for the Annual Business Session of the National League of Cities to be held on Saturday, November 17, 2007, in New Orleans, Louisiana. Adopted Resolution No. 37938-101807. (5-0) 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. In connection with the Clean and Green Campaign, Council Member Mason displayed a special cigarette butt holder and announced that the holders were available at no charge. K:IACT10N AGENDAlAction Agenda 07\Oct 07\October 18 2007 action agenda.doc 6 Mayor Harris commented on the City's Annual report and the City's new Public Art Brochure. He also expressed appreciation to Rick Salzberg, Arts Festival Manager, and others involved with the First Annual Roanoke Arts Festival. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert Gravely, 727 29th Street, N. W., appeared before the Council. 12. CITY MANAGER COMMENTS: The City Manager commented on a recent International City Management meeting that was held in Pittsburgh, Pennsylvania, whereby she partiCipated in a session regarding multi-cultural issues. She furthercommented that Gwin Ellis, Training and Development Coordinator, had also attended a similar session at the Virginia Municipal League concerning multi-cultural issues. The City Manager remarked that Steve Waltz, Governor Tim Kaine's Senior Advisor for Energy Policy, recognized the City of Roanoke on its legislative initiative for tax-rate reduction for buildings built using green principles. She complimented everyone on their participation in the Arts Festival and advised that City staff has already began planning for the 2008 festival. The City Manager announced that Renovate Roanoke was scheduled to be held on Saturday, October 20 at the Jefferson Center and that George Nash was the keynote speaker. The Council meeting was recessed at 2:50 p.m., for closed session in Room 451. The Council meeting reconvened at 4:30 p.m. CERTIFICATION OF CLOSED SESSION. (5-0) K:IACTION AGENDAlAction Agenda 0710cl 07\Oclober 18 2007 aclion agenda.doc 7 Elizabeth Stone was appointed as a member of the Fair Housing Board to fill the unexpired term of Krista Blakeney ending March 31, 2010. Adrienne Barnett was appointed as a member of the Roanoke Arts Commission a term ending June 30, 2010. THE COUNCIL MEETING WAS DECLARED IN RECESS AT 4:32 P.M., AND IMMEDIATELY RECONVENED IN ROOM 159 FOR AN UPDATE ON THE MARKET GARAGE. THE COUNCIL MEETING WAS DECLARED IN RECESS AT 5:05 P.M., TO BE RECONVENED AT 7:00 P.M., IN THE COUNCIL CHAMBER. K:IACTION AGENDAlAction Agenda 0710cl 07\Oclober 18 2007 action agenda. doc 8 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 1 8, 2007 7:00 P.M. c CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Council Members Lea and Wishneff were absent. The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Saturday, October 20, 2007, at 4:00 p.m., and Sunday, October 21 ,2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. K:IACfION AGENDAlAclion Agenda 07\Ocl 07\October 18 2007 action agenda. doc 9 A. PUBLIC HEARINGS: 1. Request of the Western Virginia Water Authority that 4,638 square feet of right-of-way along the northerly side of Brownlee Avenue, S. E., be vacated, discontinued and closed. Greg Reed, Director of Engineering Services, Spokesperson. Adopted Ordinance No. 37939-101807. (5-0) 2. Request of the City of Roanoke that a portion of land located at 1030 Morningside Street, S. E., be rezoned from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37940-101807. (5-0) 3. Proposal of the City of Roanoke to lease City-owned property located at 32 Market Square to Francine Barish-Stern Bray, d/b/a Creations, for retail and tutoring purposes. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37941-101807. (5-0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. The Council meeting was adjourned at 7:05 p.m. K:IACTJON AGENDAIAclion Agenda 0710ct 0710ctober 18 2007 action agenda. doc 10 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 C. NELSON HARRIS Mayor October 15, 2007 Council Members: Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Gwen W. Mason David B. Trinkle Brian 1. Wishneff The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: This is to advise you that I will be unable to attend the Council meeting on Thursday, October 18,2007. . Brian J. Wishneff Council Member BJW:arj pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk 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 October 12, 2007 Council Members: Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Shennan P. Lea Gwen W. Mason David B. Trinkle Brian 1. Wishneff C. NELSON HARRIS Mayor The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: This is to advise you that I will be unable to attend the 2:00 p.m., Session of the Council meeting on Thursday, October 18, 2007. With best regards, ..~ ;fi60- Sherman P. Lea Council Member SPL:snh pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk $~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37925-101807. A RESOLUTION memorializing the late Jack B. Coulter, longtime resident of Roanoke and retired chief judge of the 23rd Judicial Circuit. WHEREAS, the members of Council learned with sorrow of the passing of Judge Coulter on Thursday, September13, 2007; WHEREAS, Judge Coulter grew up in Roanoke and was a 1941 graduate of Jefferson High School; WHEREAS, upon the outbreak of World War II, Judge Coulter left Washington and Lee University to enroll in the United States Naval Academy, from which he graduated in 1946; WHEREAS, during World War II Judge Coulter served as an ensign in the South Pacific aboard the heavy cruisers USS Vicksburg and Manchester, and after the war aboard the battleship USS Pennsylvania; WHEREAS, after the war Judge Coulter returned to Washington and Lee to attend law school, where he graduated cum laude, and subsequently joined the firm Dodson and Pence, where he practiced for twenty-six years; WHEREAS, Judge Coulter was appointed in 1975 to the Circuit Court for the area encompassing Roanoke, Salem, and Roanoke County, where he presided over thousands of cases and served with great distinction until his retirement in 1989, upon which occasion City Council presented him with the Key to the City; 1211.\ t". Judicial Process from the University of Virginia and continued to practice law after retiring from the bench; WHEREAS, Judge Coulter was an active community leader throughout his life, including service as a member of the City of Roanoke School Board, president of the Roanoke Jaycees, and chairman of the Roanoke Valley War Memorial Committee, which was instrumental in developing the War Memorial on Lee Plaza; WHEREAS, Judge Coulter was a member of Second Presbyterian Church, and was named Father of the Year in 1969; and WHEREAS, Judge Coulter is remembered by family and friends for his integrity, his scholarship, his honor, his exemplary judicial career, his devotion to family, and his dedication to CIVIC causes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Judge Jack B. Coulter, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Judge Coulter's widow, Jeanne Hodges Coulter, of Roanoke, Virginia. ATTEST: City Clerk ~ 1.:" : j F});', 0/1 ~olmion IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37925 -101807. A RESOLUTION memorializing the late Jack B. Coulter, longtime resident of Roanoke and retired Chief Judge of the 23rd Judicial Circuit. WHEREAS, the Members of Council learned with sorrow of the passing of Judge Coulter on Thursday, September 13, 2007; WHEREAS, Judge Coulter grew up in Roanoke and was a 1941 graduate of Jefferson High School; WHEREAS, upon the outbreak of World War II, Judge Coulter left Washington and Lee University to enrollbl the United States Naval Academy,from which he graduated in 1946; WHEREAS, during World War II, Judge Coulter served as an ensign in the South Pacific aboard the heavy cruisers USS Vicksburg and Manchester, and after the war, aboard the battleship USS Pennsylvania; WHEREAS, after the war, Judge Coulter returned to Washington and Lee to attend law school, where he graduated cum laude, and subsequently joined the firm Dodson and Pence, where he practiced for 26 years; WHEREAS, Judge Coulter was appointed in 1975 to the Circuit Court for the area encompassing Roanoke, Salem, and Roanoke County, where he presided over thousands of cases and served with great distinction until his retirement in 1989, upon which occasion City Council presented him with the Key to the City; WHEREAS, Judge Coulter, as an advocate of lifelong learning, earned his Masters of Judicial Process from the University of Virginia and continued to practice law after retiring from the be1lch; WHEREAS, Judge Coulter was an active community leader throughout his life, including service as a member of the City of Roanoke School Board, President of the Roanoke Jaycees, and Chairman of the Roanoke Valley War Memorial Committee, which .was instrumental in developing the War Memorial in Lee Plaza; WHEREAS, Judge Coulter was a member of Secon.d Presbyterian Church, and was named Father of the Year in 1969; and WHEREAS, Judge Coulter is remembered by family and friends for his integrity, his scholarship, his honor, his exemplary judicial career, his devotion to family, and his dedication to civic causes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Judge Jack B. Coulter and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Judge Coulter's widow, Jeanne Hodges Coulter, of Roanoke, Virginia. APPRO VED ATTEST: ~~o~ City Clerk c.~ 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 C. NELSON HARRIS Mayor September 17, 2007 Mrs. Jeanne H. Coulter 3944 Winding Way Road, S. W. Roanoke, Virginia 24015 Dear Mr. and Mrs. Hill: On behalf of the members of Roanoke City Council, I want to extend to you and your family our deepest sympathies on the recent passing of The Honorable Jack B. Coulter. Please know that you have been in the thoughts and prayers of many in our City during this time. As a way to formally recognize Judge Coulter and his contributions to his community and the Commonwealth of Virginia, the City Council will be adopting a memorial resolution at our upcoming meeting on October 18, 2007, at either the 2:00 p.m. or 7:00 p.m. session. When Council plans to take such action, we do like to notify the family should they wish to be present. If this would be your desire, I would ask that you call the City Clerk's Office at (540) 853-2541 as this will prepare me to acknowledge your presence and to personally present to you the memorial resolution at the Council meeting. Knowing that these remain difficult days, we will certainly understand if you cannot be in attendance, and we will forward a copy of the resolution to you. Again, please know that our thoughts go with you. If my office can be of assistance to you in any way, do not hesitate to call upon us. With best personal regards, I am Respectfully, C. Nelson Harris, Mayor CNH:snh 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 C. NELSON HARRIS Mayor October 18, 2007 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, C!..X...... i-;. C. Nelson Harris Mayor CNH:snh IV Blue Ridge Behavioral Healthcare Rita J. Gliniecki Chairman Sheri Bernath Vice Chairman Daniel R. O'Donnell Treasurer Donna H. Henderson Secretary Executive Director Tim Steller CITY CLERK 'el? OCT 03 Rt111:39 October 2,2007 Darlene L. Burcham City Manager City of Roanoke 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 Dear Ms. Burcham: According to our records, Vincent Dabney will complete his first term on the Blue Ridge Behavioral Healthcare Board of Directors as a representative of the City of Roanoke on December 31, 2007. Mr. Dabney is well regarded by his fellow board members. He has served this Board and the citizens of Roanoke faithfully and well, and is willing to continue for another term should City Council choose to reappoint him. I have forwarded a record of Mr. Dabney's attendance to the City Clerk's office. Community Services Board members are eligible for three full three-year terms according to Title 37, Chapter 10, of the Code of Virginia. We respectfully request that the Roanoke City Council reappoint Vincent Dabney for a second term to begin January 1, 2008 and run through December 31, 2010. His reappointment would serve to maintain our compliance with required demographic and other attributes for board member composition as set out in the Code. Sincerely, OL Tim Steller Executive Director C: Tj)e Honorable C. Nelson Harris, Mayor vStephanie M. Moon, CMC, City Clerk Mr. Vincent Dabney 2118 Memorial Avenue SW, #5 Roanoke, VA 24015 Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891 The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke 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 C. NELSON HARRIS Mayor October 18, 2007 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 Citizen of the Year, pursuant to Section 2.2- 3711 (A)(1 0), Code of Virginia (1950), as amended. Sincerely, c..1(~ ~ C. Nelson Harris Mayor CNH:snh 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 City Web: www.roanokeva.gov October 18, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiatfng strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Respectfully submitted, ~ Darlene L. Burcham City Manager DLB/f cc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. lYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk October 24, 2007 George F. Taylor, Vice-Chair Roanoke Pension Plan Board of Trustees 2318 Rosalind Avenue, S. W. Roanoke, Virginia 24014. Dear Mr. Taylor: The 2006 Annual Report of the Roanoke Pension Plan Board of Trustees, was before the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2007. On motion, duly seconded and adopted, the Annual Report was received and filed. Sincerely, ~m.rno~ 'Stephanie M. Moon, CMC l City Clerk SMM:ew pc: Andrea F. Trent, Retirement Administrator ( ~~ ROANOKE RETIREMENT ADMINISTRATION Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 461 Roanoke, Virginia 24011 540.853.2062 fax: 540.853.6142 October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees' activities for the time period July 1, 2006 through June 30, 2007. The written minutes of each Board of Trustees meeting are located in the office of the Retirement Administrator, Andrea F. Trent. On behalf of the appointed members of the Board of Trustees, we would like to take this occasion to thank City Council for the opportunity to be of service to our City. Si~7.:Y' f.J ~ George . Taylor Vice-Chairman Attachment c: Stephanie M. Moon, City Clerk Board of Trustees, City of Roanoke Pension Plan Annual Report City of Roanoke Pension Plan Board of Trustees June 30, 2007 There were four meetings scheduled during the above referenced time period. July 12,2006 Meeting Members present: David C. Key Jesse A. Hall George F. Taylor Donna S. Johnson J. Greg Reed Darlene L. Burcham Curtis L. Davis Michael W. Hanks Members absent: Mayor C. Nelson Harris The Board approved: · 1 retirement from Employees' Retirement System (ERS); · 17 retirements from Employee's Supplemental Retirement System (ESRS); · 2 applications for spousal allowances due to retiree deaths; and · 2 non-occupational disabilities from ESRS. The Board denied: · 1 occupational disability from ESRS. Fiduciary Capital Advisors' March 31,2006 quarterly investment update was presented by Mr. Key. It was reported to the Board that a 3% cost of living adjustment for retirees was approved by City Council. This adjustment was effective July 1,2006. It was also reported that the Pension Investment Committee had interviewed candidates for Investment Consultant and selected Howard H. Pohl, a Principal of Becker, Burke Associates Incorporated. This contract will be for five years and one renewal available. Two modifications were recently made to the City Code. Effective July 1, 2006, all new school employees will participate in the Virginia Retirement System (VRS) instead of the City Pension Plan. The second modification provided pro-rata service credit for permanent employees working less than a full-time schedule. October 11,2006 Meeting Members present: David C. Key Donna S. Johnson J. Greg Reed George F. Taylor Michael W. Hanks Darlene L. Burcham Curtis L. Davis Members absent: Mayor C. Nelson Harris Jesse A. Hall The Board approved: . 2 retirements from ERS; · 20 retirements from ESRS; · 5 applications for spousal allowances due to retiree deaths; and · 1 non-occupational disability from ESRS. The Board denied: · 1 occupational disability from ESRS; and · 1 non-occupational disability from ESRS. Becker, Burke Associates, the Plan's new investment consultant, June 30, 2007 quarterly investment update was presented by Mr. Key. Kathy Potter, of Wachovia Retirement Services, attended the meeting to present the results of the 2006 Actuarial Valuation. January 10, 2007 Meeting Members present: David C. Key J. Greg Reed Jesse A. Hall George F. Taylor Darlene L. Burcham Curtis L. Davis Michael W. Hanks Donna S. Johnson Members absent: Mayor C. Nelson Harris The Board approved: . 2 retirements from ERS; . 15 retirements from ESRS; · 4 applications for spousal allowances due to retiree deaths; and . 2 non-occupational disabilities from ESRS. Becker, Burke Associates quarterly investment update was presented by Mr. Key. The Board received a copy of the Auditor's Report and a copy of the Pension Plan Comprehensive Annual Financial Report. It was noted that the Pension Plan received a "clean opinion" from KPMG, the Auditors. April 11 , 2007 Meeting Members present: David C. Key J. Greg Reed Curtis L. Davis Donna S Johnson Jesse A. Hall Michael W. Hanks George F. Taylor Members absent: Mayor C. Nelson Harris Darlene L. Burcham The Board approved: · 6 retirements from ERS; · 11 retirements from ESRS; · 2 applications for spousal allowances due to retiree deaths; and · 1 non-occupational disability from ESRS Becker, Burke Associates quarterly investment update was presented by Mr. Key. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. 'Y., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANffi M. MOON, CMC City Clerk November 12, 2007 Tim Steller, Executive Director Blue Ridg.e Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Steller: Your communication recommending concurrence by Council in the reappointment of Dana Barnes Lee as an at-large member of the Blue Ridge Behavioral Heathcare Board of Directors, for a term ending December 31, 2010, was before the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2007. On motion, duly seconded and unanimously adopted, Council ratified the reappointment of Ms. Lee as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors for a term ending December 31, 2010. Sincerely, ~0. Sheila N. Hartman Deputy City Clerk \ SNH:ew pc: Dana B. Lee, 4139 Appleton Avenue, N. W., Roanoke, Virginia 24017-2107 Wanda G. Riley, CPS, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 K:\oath and leaving service\Blue Ridge Behavioral Healthcare\Tim Steller- Dana B. Lee 2007 revised.doc Sent By: BLUE RIDGE BEHAVIORAL HEALTHCAREj345 6801 j Oct-5-072:55PMj Page 2/2 C-5 :131ueRidge Behavioral Healthcare Rita.). Gllniotki' CtlaJrril6ri $t\ert a$math Vioo CIla/rrnan Ol!-l'lleIR.O'OOnnell Tf'e{/suref DOOnll H. . Heno(lrso/l Secretarl ExiicuiivetJira<:tq( Tim Steller .. . ~.l,. October 2,.2007 Ms. Darlene L Burcham CityM~r1ager CityofRoanQke 2,15.ChurchA,venue,$W, Room 364 Roanoke. VA ~4011 . ' , Dear Ms; Burcham: Accordi~toour records.th~ first term of Mrs. Dana Barnes Lee as ~n at-large represent~thte on the Blue Ridge Behavioral Healthcare Board of Directors will explreetn D~mber31,2007... The..Soard n()minC1t~sat-large'repr~sentati",es...and 'the participating . gO\ferningbodies . ratify those appointments. Iflsthe>Board's pleasure thatshe.serve a seoood term, forWhichshe is eligible accordingJo Titl&37, Char>ter 1 O,of tile Cc)d8 qfVirgihia.Werespe<:ttuUyrequest, therefore,.. that Roanoke City Council ratify the reappointment9f Mrs;Lee1or her seoondtenn.:to rUJ'lfrom January. 1.'2008 through December 31. 2010; Thi&reql;l~~tisbeiog &enlCQhCUrrently toadministratorsineac:hofourother fout local go~mlng bodiesfortheir ratification as w~U. Sincerely. f"'\n........... ........... ."".. ~ Tim. Stel~r Executive, Director c: The H9norable C. Nelson Harris. Mayor S~eph~nieM. Moon. CMC, City Clerk M~,QanaBamesLee 0413~Apptet()n.Avenua NW :Ro~noke. VA 24011 . Exeoutive {}fficB8: 301 Elm AVetlU9SW . Roanoke,Virginia24016-4001(S40)34S-9S41 '. Fax (540) 34S-es91 TI'I9 Community SGl'VfcellBoardMNInO ttHi Cities of Rorlnok. MdSalfi'll,and th.Countiooof aot~tQurt, Crata~dAoeooke . . .~ CITY OF ROANOKE \ OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk ) October 24, 2007 Keli M. Greer, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Ms. Greer: This is to advise you that Donald A. Dillard has qualified as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2010. Sincerely, ~.~ Stephanie M. Moon, CMC City Clerk ,.. SMM:ew pc: Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's.Office \ K:\oath and leaving servicelpersonnel and employment practices commission\Donald A Dillard quali.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Donald A. Dillard, do solemnly 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 Personnel and Employment Practices Commission, to fill the unexpired term of William L. Holland ending June 30, 2010, according to the best of my ability (So help me God). ~~~ cr' cO~ Subscribed and sworn to before me this Uday Of~~ 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B~~ ,~~ K:\oath and leaving service\personnel and employment practices commission\Donald A Dillard oath. doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANm M. MOON, CMC City Clerk October 24, 2007 Candice Martin, Secretary Architectural Review Board Roanoke, Virginia Dear Ms. Martin: This is to advise you that John D. Fulton and Derek B. Cundiff have qualified as members of the Architectural Review Board, for terms ending October 1, 2011. Sincerely, r-r,. ~b~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's Office K:\oath and leaving service \architectural review board\Derek B Cundiff John D Fulton qualLdoc : . Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John D. Fulton, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Architectural Review Board, for a term ending October 1, 2011, according to the best of my ability (So help me God). Subscribed and sworn to before me this 3- day of ()c78fttL 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B~~ ,~u"6 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Derek B. Cundiff, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Architectural Review Board, for a term ending October 1, 2011, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day of tJcIobgr 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B(/~.L c/J;Le-- JJrf>II7f', 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' October 18, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene 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 92.2-3711.A.3, Code of Virginia (1950), as amended. DLB/f cc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk OTvfMONWEALTlt OF VIRGINI G @J'D, ;\ ~~ - AREA CODE 540 TEL. No. 853-2626 FAX 853-1201 DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 24016 October 1, 2007 Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Cost Collections Unit Dear Mayor Harris and Members of City Council: Please reserve approximately ten minutes at the October 18, 2007 Council Meeting, for the Commonwealth's Attorney to do a short presentation of the Cost Collection Department's results for the 2006-2007 Fiscal Year. Thank you for your assistance with this request. Sincerely, Donald S. Caldwell Commonwealth's Attorney DSC/rpm 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 City Web: www.roanokeva.gov October 18, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Donald S. Caldwell, Commonwealth's Attorney, to present the Cost Collection Department's results for FY 2006-07. Respectfully submitted, Darlene L. Burcham City Manager DLB:jb c: City Attorney Director of Finance City Clerk . CITY OF ROANOKE COST COLLECTIONS UNIT Fiscal Year 2006 - 2007 . ~l' ""_ Page: INDEX . 1 - Summary of Cost Collection Effort for Fiscal Year 2006-2007 2 - Four-Year Comparison of Cost Collection Effort 3 - Chart: Four-Year Comparison of Cost Collection Results for Roanoke City 4 - Four-Year Comparison of General District Court Delinquent Collections 5 - Chart: General District Court 4-Year Comparison 6 - Four-Year Comparison of Circuit Court Delinquent Collections. 7 - Chart: Circuit Court 4-Year Comparison 8 - Four-Year Comparison of Juvenile & Domestic Court Delinquent Collections 9 - Chart: Juvenile & Domestic Court 4-Year Comparison . SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 2006 - 2007 GENERAL JUVENILE TOTALS DISTRICT CIRCUIT & DOMESTIC FOR ALL COURT COURT COURT COURTS Total Delinquent Referred $1,036,242.66 $467,444.76 $126,735.56 $1,630,422.98 Total Delinquent Collected 537,379.90 179,758.11 31,876.57 $749,014.58 % of Total Delinquent Referred 51.86% 38.46% 25.15% 45.94% State 442,242.15 155',172.71 27,997.79 625,412.65 % of Total Delinquent Collected 82.30% 86.32% 87.83% 83.50% Local 95,137.75 24,585.40 3,878.78 123,601.93 % of Total Delinquent Collected 17.70% 13.68% 12.17% 16.50% COLLECTION FEE BREAKDOWN 35% from State 153,012.67 53,478.26 9,643.97 35% from City 32,884.19 9,285.47 1 ,349.67 . 35% to Cost Collections from 185,896.86 62,763.73 10,993.64 Total Delinquent Collected BUDGET EXPENDITURE 54,993.75 18,567.36 3,252.24 EXCESS REVENUE 130,903.11 44,196.37 7,741.40 SPLIT SO/50 WITH STATE 65,451.55 22,098.19 3,870.70 216,134.90 43,519.33 259,654.23 76,813.35 182,840.88 91,420.44 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 95,137.75 24,585.40 3,878.78 123,601.93 MINUS 35% COLLECTION FEE 32,884.19 9,285.47 1 ,349.67 43,519.33 62,253.56 15,299.93 2,529.11 80,082.60 PLUS SPLIT 65,451.55 22,098.19 3,870.70 91,420.44 TOTAL REVENUE TO LOCALITY $127,705.11 $37,398.12 $6,399.81 $171.503.04 ADDITIONAL INCOME TO CITY ($171,503.04 -123,601.93) = 1 47,901.111 The ACTUAL COST OF COLLECTION is the Budget Expenditure of $76,813.35 which results in a Collection Cost Percentage of -10.26% . Page 1 FOUR-YEAR COMPARISON OF COST COLLECTION EFFORT . FY FY FY FY 2003-04 2004-05 2005-06 2006-07 Total Delinquent Referred 1,537,367.75 1,686,510.54 1,486,823.34 1,630,422.98 Total Delinquent Collected 599,302.69 735,345.28 671,167.68 749,014.58 % of Total Delinquent Referred 38.98% 43.60% 45.14% 45.94% State Delinquent Collected 500,187.81 622,152.76 560,314.91 625,412.65 % of Total Delinquent Collected 83.46% 84.61% 83.48% 83.50% Local Delinquent Collected 99,114.88 113,192.52 110,852.77 123,601.93 % of Total Delinquent Collected 16.54% 15.39% 16.52% 16.50% COLLECTION FEE BREAKDOWN 35% from State 176,822.25 213,200.67 197,912.34 216,134.90 35% from City 35.540.27 40.041.88 39.176.62 43.519.33 . 35% to Cost Collections from 212,362.52 253,242.55 237,088.96 259,654.23 Total Delinquent Collected BUDGET EXPENDITURE 62,180.09 65,259.83 69,834.87 76,813.35 EXCESS REVENUE 150,182.43 187,982.72 167,254.09 182,840.88 SPLIT SO/50 WITH STATE 75,091.22 93,991.36 83,627.05 91,420.44 YEAR-END RESUL TS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 99,114.88 113,192.52 110,852.77 123,601.93 MINUS 35% COLLECTION FEE 35,540.27 40,041.88 39,176.62 43,519.33 63,574.61 73,150.64 71,676.15 80,082.60 PLUS SPLIT WITH STATE 75,091.22 93,991.36 83,627.05 91 ,420.44 TOTAL REVENUE TO LOCALITY 138,665.83 167,142.00 155,303.20 171,503.04 ADDITIONAL INCOME/LOSS $39,550.95 $53,949.48 $44,450.43 $47,901.11 . TO CITY 39.90% 47.66% 40.10% 38.75% Page 2 . . . ~ () w ~ o z <( o 0::: 0::: o u.. en I- ...J :::> en w 0::: Z o I- () W ...J ...J o () I- en o () u.. o z o en 0::: <( a.. ::2E o () 0::: <( W >- I 0::: :::> o u.. o o '" o ~ o W f- e.) W ...J ...J o e.) f- Z w :l o Z ::J w o tJJ tJJ o c:: C> . w w u. Z o i= e.) W ...J ...J o e.) o W f- e.) W ...J ...J o e.) f- Z w :l o Z ::J w o f- W Z iii 'iI ~ spuBsnOul W :l Z W > W c:: tJJ tJJ W e.) X w u. o f- ::J Cl. tJJ ~ ::J <( e.) o ...J o f- W :l Z ~ w c:: ...J i':: o f- <) , <) <) <) <) Page 3 o "' ..... ~ o '" ~ o o '" "' ~ o '" ;g cI, o o '" o Cl W W :::> I- ClZ>- ~ W~!:: :::l t;w~ OWWC::U u~:::l~g I-ZOWO ZOUUI- ~f=!z~W OUWu..~ ~~:::>OW ""'.....01-> ~O~::iW U.....c..c:: ~(/)~(/)..... ~~1-3~ (!)~~c[~ ("')90!""" Ol co 0 ;~ I ~ ~ ~ r-.!lO!O r-. ~ N ;~ ~ ~ ;; fh c:: <( W >- ...J <( e.) tJJ u:: N~~~O ~~~~~~ W W OO!~i("') 00 co 00 ~~ ~ i ~ ~ ~ FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT COLLECTION FEE BREAKDOWN 35% from State 119,944.55 147,996.84 133,732.61 153,012.67 . 35% from City 27,260.59 30,384.25 29,645.90 32.884.19 35% to Cost Collections from 147,205.14 178,381.09 163,378.51 185,896.86 Total Delinquent Collected BUDGET E~PENDITURE 43,101.90 45,968.26 48,123.36 54,993.75 EXCESS REVENUE 104,103.24 132,412.83 115,255.15 130,903.11 SPLIT SO/50 WITH STATE 52,051.62 66,206.42 57,627.58 65,451.55 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTE[J 77,717.69 87,101.35 83,645.97 95,137.75 MINUS 35% COLLECTION FEE 27 ,260.59 30,384.25 29,645.90 32,884.19 50,457.10 56,717.10 54,000.07 62,253.56 PLUS SPLIT WITH STATE 52.051.62 66,206.42 57,627.58 65,451.55 TOTAL REVENUE TO LOCALITY 102,508.72 122,923.52 111,627.65 127,705.11 . Page 4 . . .l!l co ~ Q)() >-~ I <Il ""'" .5 u.. t- :J g 0"'" O~ -O.l!! .l!I 'i:: (/) - en (5 CO ~ Q) C Q) (9 . .l!l c: <Il E '" "0 <0 "0 j a. ~ '" Qi ~ (5 E ~ () i= ~ ! ! I- <q- SUO!ll!V\1 Page 5 j!l c: Q) E >. l\l"O~ C-Ql_ >. "- 0 "OQl -....Ql "0 Ql.S!=t5 .- E Ql 0 Ql ~i=O::~'5 (ij(ij(ij1!!U +-'OOO~ ~I-I-I-o ...... ('t') 0 0 l<OooVoo~ o <D C't C')_ <D I -1ti<DI'-00 ~~VC')~.,...: ..- <D 0_ LO Nc<iC'i..- I'- N N 0 ~~NC')OO~ LO LO 'r""_m_T'"" I -oiC')O<D 120"'~.,...: I'- C')_oo LO NC'iN o <DC') 0 IN"'LON~ <Ov v_"-_N I -Ol'-v<D VVooLO"-cxj ~C')_O_LO v NC'iN..- 1'-0000 ~~I'-N~~ o ..- N C') _ LO I -C'iON.q LO"'I'-"-N g LO_ '" v v Nc<iN FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY CIRCUIT COURT . FY FY FY FY 2003-04 2004-05 2005-06 2006-07 Total Delinquent Referred 487,842.91 548,866.79 499,535.09 467,444.76 Total Delinquent Collected 165,187.73 191,588.85 181,094.11 179,758.11 % of Total Delinquent Referred 33.86% 34.91 % 36.25% 38.46% State Delinquent Collected 146,859.15 168,243.22 157,261.80 155,172.71 % of Total Delinquent Collected 88.90% ' 87.81% 86.84% 86.32% Local Delinquent Collected 18,328.58 23,345.63 23,832.31 24,585.40 % of Total Delinquent Collected 11.10% . 12.19% 13.16% 13.68% COLLECTION FEE BREAKDOWN 35% from State 50,650.27 55,721.53 55,091.84 53,478.26 . 35% from City 7,207.84 8,680.10 8,343.66 9.285.47 35% to Cost Collections from 57,858.11 64,401.63 63,435.50 62,763.73 Total Delinquent Collected BUDGET EXPENDITURE 16,940.95 16,596.10 18,685.01 18,567.36 EXCESS REVENUE 40,917.16 47,805.53 44,750.49 44,196.37 SPLIT SO/50 WITH STATE 20,458.58 23,902.77 22,375.25 22,098.19 YEAR-END RESUL TS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 18,328.58 23,345.63 23,832.31 24,585.40 MINUS 35% COLLECTION FEE 7 ,207 .84 8,680.10 8,343.66 9,285.47 11,120.74 14,665.53 15,488.65 15,299.93 PLUS SPLIT WITH STATE 20,458.58 23,902.77 22,375.25 22,098.19 TOTAL REVENUE TO LOCALITY 31,579.32 38,568.30 37,863.90 37,398.12 . Page 6 . . c o U) 'C ro a. E.!!l o ~ O~ ~ Ul ro ~ Q)ii: >-- I rl "","3 "C t 1ij :J.Sl O.l!l OCl) :!:: :J .g o . .!!l c: Ql E ~ "C Cl. "C ~ ~ .Sl 0 "C Ql ~ ~ '<0 E Ql (5 Cl. i= c::: t) 19 ~ 19 19 {:. {:. {:. mJ 0 0 0 o o o o o 00 o o <D o o 'OJ- o o '" o spuesnolU Page 7 f/) C al E >- ~uu al al ~'-t5"O ualQ>alal .- E-=.... ~ ._ al 0 ~ I-a:::o- ~~~]j8 I-I-I-~~ .... ~ o o '" ;g~IO:gO ,1Ocx)~f'-.Q':: ~gfti~~ N<D-.r-.r......~ ~Cl>IOIO-.r f'-.cx)C"lCl> 0 ,Cl>cx)IOOQ':: cO.oai'-:-lO o:gOCl>cx)"! N -.r-.r......~ iN C"lf'-. Cl> N C"l <D CX) 0 ,-.rCX)CX)IOQ':: "'l:t ariria5T""-'I""" Cl>o-.rCl>~ NCX)f'-.IO......~ ~......C"lC"lCX) f'-. CX) -.r CX) 0 IM,....CX)T'"";;-:::: CX)M cxi ~ .0 ~ ......CX)<D . Nf'-.<D-.r......~ . FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY JUVENILE & DOMESTIC COURT FY FY FY FY 2003-04 2004-05 2005-06 2006-07 Total Delinquent Referred 79,197.09 80,187.97 94,156.17 126,735.56 Total Delinquent Collected 21,194.66 29,633.81 29,091.55 31,876.57 % of Total Delinquent Referred 26.76% 36.96% 30.90% 25.15% State Delinquent Collected 18,126.05 26,888.27 25,717.06 27,997.79 % of Total Delinquent Collected 85.52% 90.74% 88.40% 87.83% Local Delinquent Collected 3,068.61 2,745.54 3,374.49 3,878.78 % of Total Delinquent Collected 14.48% 9.26% 11.60% 12.17% COLLECTION FEE BREAKDOWN 35% from State 6,227.43 9,482.30 9,087.89 9,643.97 . 35% from City 1,071.84 977.53 1,187.06 1 ,349.67 35% to Cost Collections from 7,299.27 10,459.83 10,274.95 10,993.64 Total Delinquent Collected BUDGEl: EXPENDITURE 2,137.24 2,695.47 3,026.50 3,252.24 EXCESS REVENUE 5,162.03 7,764.36 7,248.45 7,741.40 SPLIT SO/50 WITH STATE 2,581.02 3,882.18 3,624.23 3,870.70 YEAR-END RE5UL T5 FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 3,068.61 2,745.54 3,374.49 3,878.78 1 ,071.84 977.53 1,187.06 1 ,349.67 1,996.77 1,768.01 2,187.43 . 2,529.11 2,581.02 3,882.18 3,624.23 3,870.70 4,577.79 5,650.19 5,811.66 6,399.81 MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY . Page 8 . . "- co Q) >;- ~ t:: ::J o ()~ o _ U 0.., :s ~ C/)u:: o~ C/)...J c-g .Q ~ 1619 -CI) Q) c::: o :.;::::; C/) Q) E o o ~ Q) 'c Q) > ::J J . o ~ o ~ spuesnOlU Page 9 Ul C Q) E >> lll-o-o a..Q),2! >>....0-0 -....Q)Q) -oQ).g!=O '- E Q) 0 Q) ~FO::~'3 (ij(ij(ij.sU -oo15o~ 1-1-1-1-0 100l<D1"- 0 ;QOOMlX;(),: 9 M_ 10_ :6 ...._ ~ ~<bNMo.O .... N N I"- <D N 0 ~~''''100l()': NT'"" T'"" 0_0 I -.o"<iOl Ol d!iIOOlNci M 11O~~~~ a;T'""T'""~<o I - -ciOl Ol ~<DQON(Ci M ;$!;b;~~ ....'0 T'"" T'""_ <0 I C'{ -C)-or- t--- MOlffiI"-N(Ci QO N CITY OF ROANOKE \ OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 I Telephone: (540)'853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk October 22,2007 Alton L. Knighton, Jr., Attorney P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Knighton: I am enclosing copy of Resolution No. 37926-101807 approving a financing by the Industrial Development Authority of the Town of Clifton Forge, Virginia, for the benefit of Blue Ridge Behavioral Healthcare, Inc., to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended, in amount not to exceed $6 Million. . The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007. Sincerely, h1.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance -Ji~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October. 2007. No. 37926-101807. A RESOLUTION approving a financing by the Industrial Development Authority of the Town of Clifton Forge, Virginia for the benefit of Blue Ridge Behavioral Healthcare, Inc. to the extent required by Section 147(f) ofthe Internal Revenue Code of1986, as amended. ( . . ( WHEREAS, the Industrial Development Authority df the Town of Clifton Forge, Virginia (the "Authority") has considered the application of Blue Ridge Behavioral Healthcare, Inc. (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $6,000,000 (the "Bonds") to assist in the financing of (1) the renovation and equipping of an existing residence and (2) the construction and equipping of a <me-story building, containing approximately 17,000 square feet and 30 beds (together with such residence, the "Project"), to be used (a) to provide regional crisis stabilization services and (b) for offices and other administrative purposes, located at 3003 Hollins Road, N.E., in the City of Roanoke, Virginia (the "City"), and on land contiguous thereto, and which Project will be owned by the Borrower and leased to and operated by Blue Ridge Behavioral Healthcare, and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the Council of the City (the "Councir') approve the financing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended; THEREFORE, BE IT RESOLVED BY THE ~OUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council appr~ves the financing of the Project and the issuance of the Bonds by the Authority for. the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to. assist in the financing of the Project. The Council concurs with the resolution adopted by the Authority on Oc~ober 4,2007 with respect to the Bonds and the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City, the Town of Clifton Forge (the "Town") and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City, the Town and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. tn. iY[u..,v {#1023072-I,064480-00013-01} WOODS. ROGERS ~ ATTORNEYS AT LAW ALTON L. KNIGHTON, JR. (540) 983-7632 kn i ghton@woodsrogers.com October 4, 2007 City Council City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Industrial Development Authority of the Town of Clifton Forge, Virginia; Financing for BIue Ridge Behavioral Healthcare, Inc. Dear Mayor Harris and Members of Council: On behalf of Blue Ridge Behavioral Healthcare, Inc. (the "Borrower") we would request that City Council adopt a resolution approving the issuance by the Industrial Development Authority of the Town of Clifton Forge, Virginia (the "Authority") of one or more of its revenue bonds or notes (the "Bonds") for the benefit of the Borrower. The Bonds would be issued to finance the construction, renovation and equipping of two buildings located on Hollins Road, N.E. in the City. The Bonds are intended to be issued by the Authority on a tax -exempt basis. The Bonds would be issued by the Authority, and not by the City's industrial development authority, in order that the Bonds might be "qualified tax-exempt obligations" under the Internal Revenue Code. The volume of bonds that will be issued by the City itself during 2007 is such that the Bonds would not be qualified tax-exempt obligations if issued by the City's industrial development authority. The Town of Clifton Forge, on the other hand, is not expected to issue bonds in significant volume during 2007, so the Borrower has requested that the Authority participate in the financing. Under the Internal Revenue Code, the interest on bonds issued by an authority for the benefit of a charitable organization will be tax-exempt only if the issuance of the bonds is approved by the governing body of the locality which created the issuing authority and by the governing body of the locality in which the financed facility is located. As the Borrower's facility is located in the City, approval of the financing by City Council is necessary for the Bonds to be issued on a tax-exempt basis. The proposed resolution to be adopted by the City Council would provide this approval. In addition, the resolution would provide that City Council concurs with the Authority's resolution relating to the bonds, as is necessary under state law to allow the Authority to finance a facility located in the City. P.O. Box 14125/ Roanoke, Virginia 24038-4125 (#/023068-1,064480-00013-01) 10 South Jefferson Street, Suite ]400 540 983~7600 1 Fax 540 983-7711 Offices also in Blacksburg, Danville, Lynchburg and Richmond, Virginia City Council Ci ty of Roanoke, Virginia Page 2 Thank you very much for your consideration of this matter. Sincerely, WOODS ROGERS PLC ~, /, q /~. Alton L. Knighton, Jr. ALKJjs {#/023068-1,064480-00013-01} REPORT OF PUBLIC HEARING A public hearing was conducted by the Industrial Development Authority of the Town of Clifton Forge, Virginia (the "Authority") at 3:00 p.m. on October 4,2007 on the application of' Blue Ridge Behavioral Healthcare, Inc. (the "Borrower") requesting the Authority to issue up to $6,000,000 of its revenue bonds or notes (the "Bonds") to assist the Borrower in financing the construction, renovation and equipping of a facility (the "Project"). Notice of such hearing was published on September 19, 2007 and September 26, 2007 in the Virginian Review and on September 19, 2007 and September 26, 2007 in The Roanoke Times. The Proj ect will be located at 3003 Hollins Road, N.E., in the City of Roanoke, Virginia (the "City"), and on land contiguous thereto. The public hearing was held in the Town Manager's Conference Room, Clifton Forge Town Hall, 547 Main Street, Clifton Forge, Virginia. At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit A attached hereto. After such hearing, the Authority voted to recommend the approval of the Bonds to the Town Council ofthe.Town of Clifton Forge, Virginia (the "Town Council") and the City Council of the City (the "City Council"). Accordingly, the Authority hereby recommends to the Town Council and the City Council that they approve the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986. Dated October 4, 2007~ INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF CLIFTON FORGE, VIRGINIA BY~~ Chairman {#] 023075-1,064480-00013-01} .. Exhibit A to Report of Public Hearing The following public comments were received: None {#1023075-1,064480-00013-01} " , ,.r.ci:." ,'. 8. FISCAL IMPACT STATEMENT Date: October 4, 2007 Applicant: Blue Ridge Behavioral Healthcare, Inc. Facility: A facility located at 3003 Hollins Road, N.E., in the City of Roanoke, Virginia, and on land contiguous thereto 1. Maximum amount of financing sought $ 6,000,000 Estimated taxable value of the facility's real property to be constructed in the locality $ 0 Estimated real property tax per year using present tax rates $ 0 Estimated personal property tax per year using present tax rates $ 0 Estimated merchants' capital tax per year using present tax rates $ 0 a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 150,000 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $ 0 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $ 50,000 2. 3. 4. 5. 6. d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality o $ 7. Estimated number of regular employees on year round basis 35.25 A verage annual salary per employee $ 33,425 s~z /L- v Authority Chairman Industrial Development Authority of the Town of Clifton Forge, Virginia (# 1023059-1, 064480-00013-01 } 1 . ,"" ,'."........ If one or more of the above questions do not apply to the facility, indicate by writing "N/ A" on the appropriate line. v {# I 023059-1,064480-00013-01 } 2 ~I'~ ';'" . RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF CLIFTON FORGE, VIRGINIA WHEREAS, there have been described to the Industrial Development Authorityofthe Town of Clifton Forge, Virginia (the "Authority") the plans of Blue Ridge Behavioral Healthcare, Inc. (the "Borrower") to construct, renovate and equip a facility (the "Project"), in the City of Roanoke, Virginia (the "City"); and WHEREAS, the Borrower has described the benefits to the City and the Town of Clifton Forge, Virginia (the "Town") and has requested the Authority to agree to issue its revenue bonds or notes, under the Virginia Industrial Development and Revenue Bond Act (the "Act"), in such amounts as may be necessary to finance the cost of the Project;' BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF CLIFTON FORGE, VIRGINIA: 1. It is hereby found and determined that the location of the Project in the City will promote the welfare of the residents of the City and the Town and surrounding areas, will be in the public interest and will be consistent with the purposes of the Act. . 2. To induce the Borrower to locate the Project in the City, the Authority hereby agrees, subject to required approvals and the compl~ance of the proposed issue with applicable law, to assist the Borrower in every reasonable way to finance the Project and, in particular, to undertake the issuance of one or more of its revenue bonds or notes (the "Bonds") therefor in amounts now estimated not to exceed $6,000,000 upon terms and conditions to be mutually agreed upon between the Authority and t~e Borrower. The proceeds from the sale of the Bonds shall be loaned by the Authority to the Borrower pursuant to an agreement or agreements which will provide for loan repayments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the Project. The Bonds shall be issued in form and pursuant to terms to be set by the Authority. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Project, the Authority hereby agrees that the Borrower may proceed with plans for the Project, enter into contracts for construction, renovation and equipping and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Borrower to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Project. The Authority agrees that, to the extent consistent with federal tax laws, the Borrower may be reimbursed from the proceeds of the Bonds for all costs so incurred by it. 4. To the extent consistent with federal tax laws, all costs and expenses in connection with the financing of the Project, including the fees and expenses of bond counsel and Authority counsel, shall be paid from the proceeds of the Bonds. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. {#1023054-1, 064480-00013-01} 1 t,,-, l~. ...... 5. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth, and if requested by the Borrower, it will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Authority is hereby authorized to execute an appropriate power of attorney naming counse{ selected by the Borrower for such purposes. 6. The Authority hereby recommends that (a) the Town Council of the Town (the "Town Council") and the City Council of the City (the "City Council") approve the financing of . the Proj ect and the issuance of the Bonds and (b) the City Council concur with this resolution. 7. The officers of the Authority are hereby authorized and directed to deliver to the Town Council and the City Council (a) a reasonably detailed summary of the comments expressed at the public hearing held with respect to the issuance ofthe Bonds, (b) a fiscal impact statement concerning the Proj ect in the form specified in Section 15.2-4907 of the Code of . Virginia, and (c) a copy of this resolution, which constitutes the recommendation of the Authority that the Town Council and the City Council approve the financing of the Project and the issuance of the Bonds. 8. This resolution shall take effect immediately upon its adoption. {#I023054-I,064480-00013-01} 2 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 City Web: www.roanokeva.gov October 18, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Alton F. Knighton, Jr., representing Blue Ridge Behavioral Healthcare, Inc., requesting adoption of a measure to approve issuance of bonds by the Industrial Development Authority of the Town of Clifton Forge to assist in the financing of the renovation and equipping of an existing residence and construction and equipping of a building located at 3003 Hollins Rd., N.E. Respectfully submitted, Darlene L. Burcham City Manager DLB:jb c: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk October 22,2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37927-101807 authorizing the acceptance of the Gang Resistance Education and Training grant from the U. S. , Department of Justice, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007. Sincerely, # (Y). h1o~ Stephanie M. Moon, CMC C City Clerk SMM:ew '- Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Ponce c:JZiS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37927-101807. A RESOLUTION authorizing the acceptance of the Gang Resistance Education and Training (GREAT) grant from the U.S. Department of Justice, and authorizing execution of any ( required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice the Gang Resistance Education and Training (GREAT) grant in the amount of $31,900.00, with a local match of $3,988.00. Such grant being more particularly described in the letter of the City Manager to Council, dated Oc.tober 18, 2007. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any . documents setting forth the conditions of the Gang Resistance Education and Training (GREAT) 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: c~lr). ~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church'Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk October 22,2007 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr; Hall: SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TIREE Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 37928-101807 appropriating funds from the federal government for the Gang Resistance Education and Training Program Grant; amending and reordaining. certain sections of the 2007-2008 Grant Fund Appropriations; and dispensing with the second' reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon its passage. Sincerely, ~...v rn. h;Qh\J Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police f' ") IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October~ 2007. No. 37928~101807. AN ORDINANCE to appropriate funding from the federal government for the Gang Resistance Education and Training (G.R.E.A.T) Program Grant, amending and reordaining certain sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime FICA Fees for Professional Services Supplies Travel Revenues GREAT Program FY08 35-640-3582-1003 35-640-3582-1120 35-640-3582-2010 35-640-3582-2136 35-640-3582-2144 $ 1,800 138 17,600 8,012 4,350 35-640-3582-3582 31,900 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 0,. ~~ 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 City Web: www.roanokeva.gov October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: G.R.E.A.T. grant Background: The Gang Resistance Education and Training (GREAT) program is a national project aimed at preventing at risk youth from gang involvement. The program is modeled after the successful DARE program and contains many different components. The police department applied for grant funding to be used to provide instruction and training in three components under the GREAT program banner. On August 31 the police department was granted $31,900 by the U. S. Department of Criminal Justice to be used for implementation for three GREAT components. The funding will be used for the establishment of the middle school training component to be provided to all 7th grade students, the family component to be provided to at risk families and the summer component which will be taught at the annual summer Challenge Camp. In addition to the training, granted GREAT funds will provide for instructor training and promotional items. There is a required $3,988 match that will be met through in kind services. Recommended Action: Accept the GREAT grant described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as approved by the City Attorney. Honorable Mayor and Members of City Council October 18, 2007 Page 2 Adopt the accompanying budget ordinance to appropriate funding totaling $31,900 to the following accounts. Establish a corresponding revenue estimate in an account to be established by the Director of Finance in the Grant Fund. DescriPtion Amount Total $ 1,800 $ 138 $ 4,350 $ 8,012 $17.600 $31,900 Overtime FICA Travel Administrative Supplies Fees for Professional Services Respectfully submitted, Darlene L. Burcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM07-00164 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk October 22, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37929-101807 authorizing the acceptance of the Edward Byrne Memorial Justice Assistance Grant from the U. S. Department of Justice, and authorizing execLltion of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007. Sincerely, ~}G-). ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finan'ce R. Brian Townsend, Assistant City Manager for Community Development . Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.,Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TIREE Assistant Deputy City Clerk October 22,2007 Jesse A. Hall Director of Finance Roan'oke, Virginia " Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37930-101807 appropriating funds from the federal Edward Byrne Memorial Justice Assistance Grant for continuation of a bicycle patrol program; amending and reordaining certain sections of the 2007-2008 Grant Funa Appropriations; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted. by. the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in . full force and effect upon its passage. Sincerely, iP#-~ tn. h/b1Y0 Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development' . Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police ~'J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37930-101807. AN ORDINANCEto appropriate funding from the federal Edward Byrne Memorial Justice Assistance Grant for continuation of a bicycle patrol program, amending and reordaining certain sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime FICA Expendable Equipment (<$5,000) Publications and Subscriptions Revenues Byrne JAG Bike Patrol FY08 35-640-3621-1003 35-640-3621-1120 35-640-3621-2035 35-640-3621-2040 $ 108,660 8,312 10,000 8,669 35-640-3621-3621 135,641 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: .~~ 'rY). hI~ 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 City Web: www.roanokeva.gov October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Justice Assistance Grant The Roanoke Police Department's community based bicycle patrol program has been funded over the last several years by various grant programs. The last such program was the Edward Byrne Memorial Justice Assistance Grant UAG). This funding opportunity allows for community policing programs similar to our current bike patrol initiative. On August 31, the Police Department was awarded $135,641 under the JAG funding formula by the U. S. Department of Criminal Justice. This opportunity is to be used for the continuation of the successful bicycle patrol program. The funding will provide equipment and allow for bicycle patrols in neighborhoods experiencing unpleasant conditions which reduce the quality of life. Operation of the program will be sustained at the high level the community has come to expect. Recommended Action: Accept the Edward BY[ll~':l Memorial Justice Assistance Grant UAG) described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as approved by the City Attorney. Appropriate funding of $135,641 as outlined below and establish corresponding revenue estimates in accounts to be established by the Director of Finance in the Grant Fund: Honorable Mayor and Members of City Council October 18, 2007 Page 2 Overtime FICA Expendable Equipment Publications and Subscriptions $ 108,660 $ 8,312 $ 10,000 $ 8.669 $ 135,641 Total Respectfully submitted, Darlene L. Burcham City Manager DLB:tlh C: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Asst. City Manager for Community Development A. L. Gaskins, Chief of Police CM07-00165 STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov October 22,2007 SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk I am attaching copy of Resolution No. 37931-101807 authorizing the acceptance of an EPA Brownfield Revolving Loan Fund Grant from the Environmental Protection Agency, which funds will be used to provide seed money to start cleanup activities on contaminated sites within the City of Roanok~; authorizing the City Manager to execute any necessary documents or agreements to receive, implement, and administer, such grant; and authorizing the City Manager to execute any necessary subgrant agreements to implement such program, all of such documents or agreements to be approved as to form by the City Attorney. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007. SMM:ew Attachment Sincerely, , II? .1Y;/JfHV Stephanie M. Moon, CMC City Clerk Darlene L. Burcham October 22, 2007 Page 2 . pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget ,Brian K. Brown, Economic Development Administrator Ian Shaw, Senior City Planner r( r~ \ 0'\ d \~\10\ . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37931-101807. A RESOLUTION authorizing the acceptance of an EP A Brownfield Revolving Loan Fund Grant from the Environmental Protection Agency which funds will be used to provide seed I money to start cleanup activities on contaminated sites within the City of Roanoke; authorizing the City Manager to execute any necessary documents or agreements to receive, implement, and administer such grant; and authorizing the City Manager to execute any necessary sub grant agreements to implement such program, all of such documents' or agreements to be app'roved as to form by the City Attorney. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EP A Brownfield Revolving Loan Fund Grant from the Environmental Protection Agency, in the amount-of $1,000,000.00, to provide seed money to start cleanup activities on contaminated sites. within the City of Roanoke. The grant, which requires a $200,000.00, match by the City, is more particularly described in a letter dated October 18, 2007,. from the City Manager to Council. 2. The City Manager is hereby authorized to execute any and all requisite agreements and/or documents, approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. 3. The City Manager is authorized to take any necessary action to receIve, implement, and administer such grant and cleanup'program. R-Accept EPA Brownfield Revolving Loan Fund Grant 10-18-07 4. The City Manager is further authorized to execute sub grant agreerrients, approved as to form by the City Attorney, with the Economic Development Authority, other non-profit organizations, and any other entities as may be needed to develop and implement the program. ATTEST: ~h1.~ City Clerk. R-Accept EPA Brownfield Revolving Loan Fund Grant 10-18-07 ;.l CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk October 22, 2007 Jesse A. Hall Director of Finance Roanoke, Virginia / Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37932-101807 appropriating funds from the federal government and the City's Economic and Community Development Reserve for the Environmental Protection Agency Brownfield Revolving Loan Fund Program Grant; amending and reordaining certain sections of the 2007-2008 Capital Projects and Grant Funds Appropriations; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon its passage. Sincerely, ~m.~~ Stephanie M. Moon, GMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development ' Sherman M. Stovall, Director, Office of Management and Budget Brian K. Brown, Economic Development Administrator Ian Shaw, Senio'r City Planner ~,,~ \i.. IN THE COUNCIL OF THE, CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37932-101807. / AN ORDINANCE to appropriate funding from the federal government and the City's Economic and Community Development Reserve for the Environmental Protection Agency Brownfield Revolving Loan Fund Program Grant, amending and reordaining certain sections of the 2007 -2008 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. - BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Transfer to Grant Fund Fund Balance . Economic and Community Development Reserve - Unappropriated 08-530-9712-9535 $ 200,000 08-3365 (200,000) Grant Fund Appropriations Administrative Supplies Training Brownfield Loans Brownfield Subgrants Brownfield Underwriting Revenues Brownfield R~volving Loan Fund - FY08 Brownfield Revolving Loan Fund - Local FY08 t 35-615-81 06-2030 35-615-8106-2044 35-615-8106-8260 35-615-8106-8261, 35-615-8106-8262 35-615-8106-8106 35-615-8106-8105 ATTEST: ~}n.h.bOw , City Clerk. C 3,250 2,500 896,500 I 292,750 5,000 1',000,000 200,000 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 City Web: www.roanokeva.gov October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: EPA Brownfield Revolving Loan Fund Grant Acceptance Background: The Environmental Protection Agency (EPA) administers a Brownfield Redevelopment Program that annually awards grants to states, tribal authorities, and local governments. In May 2007, EPA announced an award to the City of Roanoke for a revolving loan fund grant in the amount of $1,000,000. The City has now received the cooperative agreement from the EPA, and we can commence execution and implementation of the agreement. Funds will be used to provide seed money to start cleanup activities on contaminated sites within the City of Roanoke. Low or no interest loans would be issued to private entities during the construction phase of a project. The fund would be paid back after permanent financing was in place. A limited number of sub-grants to non-profit agencies improving the South Jefferson Redevelopment Area or providing facilities as part of the Inviting Roanoke Back to the River initiative could be available. The EconomJ~ Qevelopment Authority of the City of Roanoke, Virginia, (EDA) has agreed ittVserve as the conduit between the City and loan recipients. A Revolving Loan Fund Management Team will be established to provide strategic direction and evaluate development projects, while providing oversight to the Operational Team. The Operational Team will ensure that loans are properly underwritten and comply with EPA requirements. Loans and sub-grants will have proper legal and financial documentation, with an annual audit stipulation. The Honorable Mayor and Members of City Council October 18, 2007 Page 2 Administrative Management Agency will be the EDA and all work on sites will be required to be conducted by environmental professionals familiar with the Virginia Department of Environmental Quality (DEQ) programs. The City of Roanoke must provide a match of $200,000. These funds are available in the Economic and Community Development Reserve account and must be appropriated to the project account upon approval of the grant cooperative agreement. Considerations: City Council action is needed to formally accept and appropriate this grant to create a revolving loan fund and to appropriate the required matching funds, as noted above. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements, subgrant agreements, or related documents, such to be approved as to form by the City Attorney, and to take any necessary actions to receive, implement, and administer such grant. Authorize the City Manager to execute subgrant agreements, approved as to form by the City Attorney, with the EDA and other entities, as allowed by the cooperative agreement. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $1,000,000 from the EPA, appropriate $200,000 from the Economic and Community Development Reserve, and appropriate funding in the amount of $1,200,000 to accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Darlene L. Burcham City Manager c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management al')d Budget R. Brian Townsend, Asst. City Manager for Community Development Brian Brown, Economic Development Administrator Ian Shaw, City Planner CM07-00168 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TIREE Assistant Deputy City Clerk October 22, 2007 John J. Keller, Postmaster 419 Rutherford Avenue, N. E. Roanoke, Virginia 24022-9100 Dear Mr. Keller: I am enclosing copy of Resolution No. 37933-101807 renaming a portion of First Street, N. W., between Centre Avenue, N. W., and Wells Avenue, N. W., to Henry Street,N. W. The abovereferenced m,easure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007. Sincerely, k.tA.a-~~ L-~ l'r1. ~hV Stephanie M. Moon, CMC City Clerk \ SMM:ew' Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance R. B~ian Townsend, Assistant City Manager for Community Development Philip C. Schirmer, PE, LS, City Engineer Thomas Carr, Director, Planning, Building and Development Chris Chittum, Planning Administrator s~. · .\011 J lO( , \ y IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37933~101807. A RESOLUTION renaming a portion of First Street, N. W., between Centre Avenue, N. W., and Wells Avenue, N.W., to Henry Street, N.W. WHEREAS, pursuant to Section 30-34 of the Code of the City of Roanoke (l979),as amended, the City Manager is authorized to review and recommend to City Council the naming and renaming of existing streets, both public and private; WHEREAS, First Street, N.W. (formerly Henry Street, N.W.), is a historic street and is experiencing a revival due to major renovation projects, the creation of a culinary school as well as the memorial tribute to Dr. Martin Luther King, Jr.; WHEREAS, petitions from more than two hundred residents of the City, along with representatives of the Roanoke Redevelopment Housing Authority, the Higher Education Center, Total Action Against Poverty, and the tenants ofthe Dumas Center, support renaming a portion of ( , First Street, N. W., between Centre Avenue, N. W., and W ells Avenue, N. W., to Henry Street, N. W.; and WHEREAS, the legal requirements of Section 30-34 of the Code of the City of Roanoke (1979), as amended, have been satisfied. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I I 1. That portion of Henry Street, N.W., between Centre Avenue, N.W., and Wells Avenue, N.W., is hereby designated and renamed Henry Street, N.W. R-Rpn"mp Hpnrv Rt:rppr.. N.W. 1.0-1R-07 2. The City Engineer is hereby directed to cause Henry Street, N.W., to be appropriately noted on ~ll maps and plats lodged in his care and to cause the placement of appropriate street name signs on such street. 3. The City Clerk is hereby directed to transmit attested copies of this resolution to the Postmaster and relevant departments so that they will be apprised of the aforesaid street name change. ATTEST: <w.- [).. 'M.~ ~~ ~.- R-Rename H~nry Street, N.W. 10-18-07 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 City Web: www.roanokeva.gov October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr. Council Member Honorable Beverly T. Fitzpatrick, Jr. Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Subject: Renaming of a Portion of First Street, N.W. to Henry Street, N.W. Dear Mayor Harris and Members of City Council: City Council members have received several inquiries and requests for the name of a portion of First Street, N.W. between Centre Avenue, N.W. and Wells Avenue, N.W. to be renamed Henry Street, N.W. These requests note that the name change would return the name of the street to its historical origins, and would support the ongoing revitalization taking place along the street and adjacent properties including the Dumas Center, culinary arts school, Higher Education Center, and the Dr. Martin Luther King, Jr. bridge and statue project. Abutting property owners and business tenants have been notified of this request and asked to provide the administration with any comments or objections. To date, no objections have been received. Recommended Action: Adopt the attached Ordinance which changes the name of First Street N.W. between Centre Avenue, N. W. and Wells Avenue, N.W. to Henry Street, N.W. Darlene L. Burcham City Manager Honorable Mayor and Members of City Council October 18, 2007 Page 2 DLB:sm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Philip C. Schirmer, City Engineer Chris Chittum, Planning Administrator CM07-000161 (originally established as BIG LICK in BOTETOURT COUNTY) Wigton King Postmaster 01/11/1798 John Pate Postmaster 07/01/1804 July 1, 1804, is the date that John Pate submitted his first financial return. His appointment date is unknown. James Brawley Postmaster 04/01/1813 April 1 , 1813, is the date that James Brawley submitted his first financial return. His appointment date is unknown. Postmaster 07/23/1813 discontinued on January 1, 1816 reestablished on June 13, 1818 Postmaster Postmaster Postmaster Postmaster Postmaster Postmaster Postmaster discontinued on May 15, 1828 reestablished on January 31, 1829 Paschal B. Wade Postmaster 01/31/1829 Yelverton L. Oliver Postmaster 02/21/1831 John C. Jeffreys Postmaster 12/03/1831 Frederick Johnston Postmaster 05/19/1834 changed to ROANOKE COUNTY on March 30,1838 Thomas W. Micon Postmaster 06/01/1838 Zachariah S. Robinson Postmaster 01/20/1846 Armistead Neal Postmaster 12/23/1847 James W. Neal Postmaster 08/23/1856 John A. Sowers Postmaster 11/18/1865 Samuel M. White Postmaster 04/25/1871 George T. Rhodes Postmaster 04/11/1873 name changed to ROANOKE on July 29,1881 George T. Rhodes Postmaster A. S. Asberry Postmaster Postmaster Finder Postmasters by City ROANOKE POST OFFICE (INDEPENDENT CITY), VIRGINIA Name Title John Muse Edward Pate Robert Robertson Edmund Pate William Smith Benjamin Ward Seth Ward Jr. James C. Madison Date Appointed 06/13/1818 02/09/1821 12/29/1821 03/23/1826 11/22/1826 03/28/1827 OS/24/1827 07/29/1881 06/23/1882 Oscar D. Derr Alexander S. Asberry William P. Dupuy Samuel H. Hoge Luther G. Funkhouser Levi B. Davis Wyatt A. LeGrand Floyd E. Ellis Samuel Harris Hoge Samuel Harris Hoge Ernest L. Keyser Ernest L. Keyser Marion S. Battle Marion S. Battle John W. Wright John W. Wright Mrs. Virginia K. Wright Mrs. Virginia K. Wright Robert L. Via Robert L. Via Harold Ross Melvin S. Raikes Melvin S. Raikes Anthony M. Iezzi James P. Saunders Calvin H. Johnson Donald E. Sussman Sherry L. Suggs Billy W. Martin Billy W. Martin Dennis R. Moles Mozelle K. Nunn Anne M. Murray name? John J. Keller Postmaster Postmaster Postmaster Postmaster . Postmaster Postmaster Acting Postmaster Postmaster Acting Postmaster Postmaster Acting Postmaster Postmaster Acting Postmaster Postmaster Acting Postmaster Postmaster Acting Postmaster Postmaster Acting Postmaster Postmaster Acting Postmaster Acting Postmaster Postmaster Officer-In-Charge Postmaster Postmaster Postmaster Officer-In-Charge Officer-In-Charge Postmaster Officer-In-Charge Officer-In-Charge Postmaster Officer-In-Charge Postmaster 11/04/1885 08/02/1889 03/01/1894 03/09/1898 06/27/1906 02/13/1915 04/01/1920 02/10/1922 04/01/1927 09/30/1929 10/01/1933 01/18/1935 02/09/1937 07/29/1937 02/28/1938 06/23/1938 12/22/1940 08/29/1941 10/15/1955 06/04/1956 04/30/1959 03/31/1961 09/21/1961 04/15/1974 11/09/1974 08/03/1985 08/13/1988 10/02/1992 12/09/1992 01/09/1993 09/30/2001 11/24/2001 06/01/2002 09/02/2006 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite456 Roanoke, Virginia 24011-1536 . Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC . City Clerk October 22, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37934-101807 approving an amendment to the 2006-2007 Annual Update to the 2005-2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved amended Annual Update to the United States Department of Housing , and Urban Development. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007. Sincerely, ~ 0,. rre"'vV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Dan Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader r6': ~'\ >' \9\0/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37934-101807. A RESOLUTION approving an amendment to the 2006-2007 Annual Update ("Annual Update") to the 2005 - 2010 Consolidated Plan and authorizing t~eCity Manager, or the City Manager's designee, to submit the approved amended Annual Update to the United States Department of Housing and Urban Development ("HUD"). WHEREAS, in order to receive Community Development Block Grant ("CDBG"), HOME Investment Partnerships, and Emergency Shelter Grant funding, HUD requires that entitlement localities such as the City . of Roanoke submit a 5-year Consolidated Plan and Annual Updates; WHEREAS, the City's 2006-2007 Annual Update to the Consolidated Plan needs to be amended to provide an additional $100,000.00 in CDBG funds for a project to improve the Mt. View Recreation Center; WHEREAS; an opportunity for community input regarding the amendment to the Annual Update was provided by the provision of a 3 O-day public review period ending October 17, 2007, and during such period, no objections to the proposed amendment were received; WHEREAS, the amendment to the Annual Update for the Mt. View Recreation Center Improvement project must be approved by this Council in order to comply with the City's Citizen Participation Plan for such amendments. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the amendment to the Annual Update is hereby approved; and BE IT FURTHER ~SOLVED that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved amended Annual Update to HUD, as more particularly set forth in the City Manager's letter dated October 18, 2007, to this Council. ATTEST: ~fn.~~ City Clerk. ~ R-Amend 2006/2007 Annual Update to the HUD Consolidated Plan for Mt. View Rec Center Improvements 10-18-07 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 City Web: www.roanokeva.gov October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment of the 2006/2007 Annul Update to the HUD Consolidated Plan for Mt. View Rec Center Improvements Background: In order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) funding, the City of Roanoke must submit a five-year Consolidated Plan and Annual Updates to the U.S. Department of Housing and Urban Development (HUD). Substantial amendments to the plan must undergo a 30-day public review and be approved by City Council. By Resolution No. 37736-041607, Council authorized amending the 2006/2007 Annual Update to the Consolidated Plan to provide $350,000 in CDBG funds for improvements to the Mt. View Recreation Center. A Request for Proposal for Clay Tile Roof Replacement for Mountain View was issued with one contractor submitting an estimate.of $574,300 to complete the project. Discussions with the contractor resulted in a reduced scope of work and a revised project cost not to exceed $525,000, which still exceeds the funding made available by $175,000. Considerations: The City has proposed another plan amendment whereby $100,000 in CDBG Honorable Mayor and Members of City Council October 18, 2007 Page 2 , funding will be reallocated to the Mt. View Improvement project from two projects ndt utilizing appropriated funds: 1) $85,000 from the Business Seed Capital, Inc. Microloan program and 2) $15,000 from CHPC Homeownership program. The remaining $75,000 needed for this project will be transferred from the Facilities Maintenance - Fixed Asset Maintenance account. These funding transfers are of the level that can be processed administratively by the City Manager. To comply with the required 30-day public review for substantial plan amendments, a legal notice appeared in the Roanoke Times on September 17, 2007, informing the public of the proposed reallocation ofCDBG funds. The public comment period ended October 17, 2007, with no objections to the proposed amendment. Recommended Actions: Approve the amendment to the 2006/2007 Annual Update to the Consolidated Plan to provide an additional $100,000 in CDBG funds for the Mt. View Rec Center Improvement project, including submission of necessary documents to HUD. Respectfully submitted, Darlene L. rcham City Manager DLB:mtm Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Dan Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader CM07-00166 ~\- ~'\ . \~\ REViseD 6.a.5. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION approving an amendment to the 2006-2007 Annual Update ("Annual Update") to the 2005 - 2010 Consolidated Plan arid authorizirig the City Manager, or the City Manager's designee, to submit the approved amended Annual Update to the United States Department of Housing and Urban Development ("HUD"). WHEREAS, in order to receive Community Development Block Grant ("CDBG"), HOME Investment Partnerships, and Emergency Shelter Grant funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5-year Consolidated Plan and Annual Updates; WHEREAS, the City's 2006-2007 Annual Update to the Consolidated Plan needs to be amended to provide an additional $100,000.00 in CDBG funds for a project to improve the Mt. View Recreation Center; WHEREAS, an opportunity for community input regarding the amendment to the Annual Update was provided by the provision of a 30-day public review period ending October 17, 2007, and during such period, no objections to the proposed amendment were received; WHEREAS, the amendment to the Annual Update for the Mt. View Recreation Center Improvement project must be approved by this Council in order to comply with the City's Citizen Participation Plan for such amendments. THEREFORE, BE IT RESOLVED by the CounCil of the City of Roanoke that the amendment to the Annual Update is hereby approved; and BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved amended Anrlual Update to HUD, as more particularly set forth in the City Manager's letter dated October 18, 2007, to this Council. ATTEST: City Clerk. R-Amend 2006/2007 Annual Update to the HUD Consolidated plan for Mt. view Rec Center Improvements 10-18-07 ~~\ \0\ OF THE CITY OF ROANOKE, VIRGINIA, \.... A RESOLUTION approving an amendment to the 2006-2007 Annual Update ("Annual Update") to the 2005 - 2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved amended Annual Update to the United States Department of Housing and Urban Development ("HUD") for final review and approval, and authorizing the execution of all necessary documents pertaining to such amendment to the Annual Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Shelter Grant funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5-year Consolidated Plan and Annual Updates; WHEREAS, opportunities for community input regarding the Annual Update were provided at public meetings held November 3,2005, and March 30, 2006, and at a City Council public hearing on April 27, 2006, by a 30-day public review and comment period beginning April 4, and ending May 3, 2006, by dissemination of information to all library branches, the Law Library, the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and the Department of Management and Budget for public inspection, by letters to a mailing list of over 400 interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in The Roanoke Times and The Roanoke Tribune and on the City's web site; and WHEREAS, the amendment to the Annual Update for the Mt. View Recreation Center Improvement project must be approved by this Council to ensure timely receipt of the additional R-Amend 2006/2007 Annual Update to the HUD Consolidated Plan for Mt. View Rec Center Improvements 10-18-07 $100,000.00 funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the amendment to the Annual Update is hereby approved; and BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf ofthe City, to submit the approved amended Annual Update to HUD for final review and approval, and to execute all necessary documents pertaining to such amendment to the Annual Update in funds for the Mt. View Recreation Center Improvement projection, such documents to be approved as to form by the City Attorney, as more particularly set forth in the City Manager's letter dated October 18,2007, to this Council. ATTEST: City Clerk. _... ~ I ,,, t .' 'j c i.' ~"\ '. J .'? ! "r R-Amend 2006/2007 Annual Update to the HUD Consolidated Plan for Mt. View Rec Center Improvements 10-18-07 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk October 22,2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk I am attaching copy of Ordinance No. 37935-101807 amending Article III, Fire Alarm Systems, Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended, and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon its passage. Sincerely, ~h1. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham October 22, 2007 Page 2 pc: Sheila N.Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albrig(ht, Clerk, Genergl District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian James Grigsby, Assistant City Manager for Operations H. David Hoback, Chief, Fire/EMS' \..- 60 IN THE COUNCIL OF THE 'CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37935-101807. AN ORDINANCE amending Article III, Fire Alarm Systems, of Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: , 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Article III, Fire Alarm Systems. of Chapter 12, Fire Prevention and Protection, to read and provide as follows: ARTICLE III. FIRE ALARM SYSTEMS Sec. 12-21. Purpose and application. This article provides for the regulation of the use and operation of fire alarm systems operated by alarm company operators in order to enhance public safety and reduce the unnecessary expenditure of public resources in response to false alarms. This article shall not apply to fire alarm systems maintained by governmental agencies or departments. Sec. 12-22. Definitions. For the purposes of this article, the following words and phrases shall have the following meanmgs: Alarm company operator. Any business which engages in t4e installation, maintenance, alteration, servicing, repairing, replacing or monitoring of a fire alarm system, or which causes any of these activities to take place in the City of Roanoke. Alarm system user. Any person on whose commercial premises a fire alarm system is maintained within the city. The tenant/occupant of a protected premise shall be considered the alarm system user unless otherwise indicated bn .the alarm system. user permit. If a protected premise is not occupied, then the owner of the protected property shall be deemed the alarm system user. Commercial premise. A commercial premise shall include any industrial or commercially zoned premise or any premise that houses a commercial operation. A commercial premise shall also K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on False Alarms-l 0-2-07 .doc 1 include any premise that is required to have a fire alarm system pursuant to the Virginia Fire Code, or is a residential premise that contains more than four (4) residential units. ' False alarm. Any communication generated by or as a result of a fire alarm system operated by alarm company operators that results in a response and investigation by the city's fire/EMS department which reveals no evidence or indication of fire, risk of fire or other actual hazard. False alarms shall not include signals found to be activated by unusually severe weather conditions or other causes that are identified by the city manager to be beyond the control of the user. An alarm dispatch request that is canceled by an alarm company operator or other person acting on behalf of the owner of a fire alarm system before the responding firefighters are actually dispatched shall not be considered a false alarm dispatch. Fire alarm system. An assembly of equipment and devices installed in or for commercial premises and arranged to signal a fire, risk of fire or hazard at the protected premises requiring urgent attention to which firefighters are expected to respond. Such alurm system may be installed, maintained, altered or serviced by an alarm company operator in commercial premises. In this article, the term "fire alarm sy~tem" shall refer to all systems which are designed to attract the attention and response of the city fire department, including alarm bells, sirens, horns and strobe lights which are audible or visible beyond the lot lines of the protected property premises. Hazard. An event requiring urgent attention and to which a firefighter is expected to respond. Permit holder. The owner or tenant of protected premises who has obtained an alarm system user permit. Person. An individual, firm, partnership, association, corporation, company or organization of any kind. Protected premises. The premises upon which a fire alarm system operated by alarm company operators has been installed for the purpose of detecting a hazard. Sec. 12-23. Alarm and suppression system compliance with codes. . " (a) Fire alarm systems shall be installed and maintained in accordance with the Uniform Statewide Building Code and National Fire Prevention Association 7'J.~. (b) Fire suppression systems shall be installed in accordance with the Uniform Statewide Building Code and National Fire Prevention Association 13 and/or 13R. Systems shall be maintained in accordance with National Fire Prevention Association 25. Sec. 12-24. Alarm system user registration and permits. \ (a) Every alarm system user shall, between the dates of November 1 and January 1 of each vear\'lithin sixty (60) days after the effective date of this article, obtain an alarm system user permit from the city for the operation of such alarm system. If the fire alarm system is to be installed or maintained by an alarm company operator, the alami company operator may obtain K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on False Alarms-lO-2-07.doc 2 the required permit for the alarm system user. The person applying for the permit required in this section shall state on a permit application form provided by the city the following: name, address of the commercial premises in or for which the fire alarm system will be installed, telephone number of the alarm system user, the type of fire alarm system (local or monitored), name of the alarm company operator selling or leasing the new or existing fire alarm system equipment or services and the names, addresses and telephone numbers of at least two (2) other persons who can be reached at any time, day or night, and who are authorized to respond to an alarm signal and who car'I open and represent the premises in which the system is installed for reporting and investigative purposes. It shall be the responsibility of the alarm system user to make sure that such persons respond within twenty (20) minutes of notification by the city. It shall be the responsibility of the alarm system user to notify the city in writing of any subsequent changes in the information provided on the permit application. Upon approval by the city manager of the permit application, the permit shall be issued to the alarm system user. , (b) Annual Rregistration applications shall be accompanied by a nonrefundable fee of twenty- five dollars ($25.00) to cover the costs of processing the application for each of the first three (3) locations: The registration fee for four (4) or more locations shall be one hundred dollars ($100.00). Tho registration must be renewed annually thereafter at an annual foe of t\yonty dollars ($20.00). Alarm system users who have registered pursuant to section 23-38, Code of the CityofRoanoke (1979), as amended, with regard to security alarm systems are not required to obtain a fire alarm system permit or pay an additional registration fee under this article, but they are required to list information as to both systems on the registration application. ( c) Any alarm system user who operates or allows a fire alarm system to be operated without first obtaining a permit as required by this section, or who, after having a permit revoked, operates or allows the system to be operated, shall be in violation of this article, and subject to fine, as provided by section 12-28 M~ The alarm system user to whom the fire alarm system user permit should have been or was issued, in the case of revocation, shall be the person held in violation. (d) This permit requirement is intended to assist the fire department and the city manager in the administration of the provisions of this article and shall not be deemed to create any special duty with respect to the protected premises beyond that owed to the general public. (e) Permits issued under this article shall be non-transferable. Sec. 12-25. Duties of alarm system users. (a) Alarm system users shall instruct employees, tenants or others who may'have occasion to activate an alarm that fire alarm systems are to be activated only in emergency situations to summon an immediate fire department response and shall instruct as to .the operation of the fire alarm system, including setting, activation, deactivation and resetting of the alarm. All instructions pertaining to fire alarm systems and procedures shall be in written form, suitable for distribution and shall be available for inspection by representatives of the fire department. The alarm system user shall be responsible for maintaining the fire alarm system in proper working order. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on False Alarms-l 0-2-07 .doc 3 (b) An alarm system user or person authorized and capable of deactivating the alarm, who allows an alarm to continue to emit an audible signal for twenty (20) thirty (30) minutes after notification of the alarm commencing to emit such signal shall be guilty of a class 3 4 misdemeanor. Sec..12-26. Alarm company operator registration. (a) Every alarm company operator shall, within thirty (30) days' after the effective date of this article, register with the city on forms provided by the city. The application for registration shall include name ofthe alarm company operator, names of owners and officers and the services offered by the alarm company operator. It shall be the responsibility of the alarm company operator to notify the city in writing of any subsequent changes in the information provided on the application for registration. (b) Registration appli,cations shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) to cover'the co:;;ts of processing the application and investigating the applicant. The registration must be renewed annually thereafter at an annual fee of twenty five dollars ($25{J.00). Alarm company operators who have registered pursuant to Section 23-40, Code of the City of Roanoke (1979), as amended, with regard to security alarm systems are not required Ie register with regard to fire alarm systems or pay an additional registration fee, but they are required to list information as to both systems on the registration application. Sec. 12-27. Duties of alarm company operators. (a) No fire alarm system shall be installed, monitored, altered, serviced or repaired to a level of operation by an alarm company operator unless the alarm system user has complied with the registration and permit provisions of section 12-24. (b) Every alarm company operator that installs, monitors, alters, services or repairs a fire alarm system after the effective date of this article shall certify on the permit required in section 12-24 that the alarm system user has been instructed in the proper use and operation of the fire alarm system. ' Sec. 12-28. Service charges for false alarms. / (a) A service charge of one hundred dollars ($100.00) f-or each occurrence shall be assessed against the alarm system user of a protected premises that is not registered, as required by this . article, who acti'lates, utilizes, operates or maintains a fire alann system operated by alann company operators within the city for the first, second, third, fourth, fifth and sixth false alanns, and one hl:lfldred fifty dollars ($150.00) for the seventh and all subsequent false alarms in each calendar year originating from the protected premises. A service charge of one hundred twenty- five dollars ($125.00) shall be charged for each false fire or security alarm occurrence for an unregistered alarm system user. In addition to the service charge, an unregistered alarm system user will be charged a registration fee. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on False Alarms-l 0-2-07 .doc 4 ') (b) No service charge shall apply to the first five (5), second or third false fire and/or security alarm~ in each calendar year for each registered location provided the alarm system user'is a registered permit holder. A service charge of one hundredtwenty five dollars ($1 OO~.OO) for each false fire or security' alarm occurrence over five (5) false fire and/or security alarms shall be assessed against the alarm system user permit holder who activates, utilizes, operates or maintains a fire alarm system operated by alarm company operators within thy city~ for the fourth false alarm, fifty dollars ($50.00) for the fifth false alarm, one hundred dollars ($100.00) for the sixth false alarm, and one hundred fifty dollars ($150.00) for the seventh and all subsequent false alarms in each calendar year originating from the protected premises. ' (c) Any ~ service charge or fee billed under this article shall be due thirty (30) days from the date of mailing of the bill invoice by the city manager and shall be payable to the city treasurer. Sec. 12-29. Failure to pay service charges; revocation of permit. All service charges assessed against the permit holder, or alarm system user of the protected premises if not registered, who activates, utilizes, operates or maintains a fire alarm system shall be due and owing to the city treasurer. In the event legal action is necessary to collect the service charges, the owner or tenant shall be required to pay for any and all attorneys' fees and other costs expended by the city to collect such funds. The failure of a permit holder to pay any service charge assessed under this article when due shall constitute grounds for the revocation of a fire alarm permit by the city manager. The continued operation of a fire alarm system by the person who activates, utilizes and/or maintains a fire alarm system after notification that the permit has been revoked shall constitute a class 14 misdemeanor. A fire alarm permit that has been revoked pursuant to this section may be reinstated by the city manager upon payment of all outstanding service charges, a reinstatement fee of fifty ($50.00) dollars, and compliance with all other requirements of this article. Sec. 12-30. Appeals. Upon application an appeal made in writing to the city manager within thirty (30) days of the date of receiving the city's invoiceey any person against whom a service charge has been assessed under this article may appeal such charge to be reviewed by, the city manager. The appeal shall include a brief statement setting forth why the person against whom the charge has been assessed believes that the service charge is not valid. The city manager may waive all or a portion of the service charge for good cause shown in the appeal. Sec. 12-31. Penalties. Except as otherwise provided, any person who violates any section of this article shall be guilty of a class 3 misdemeanor. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on False Alanns-lO-2-07.doc 5 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. (" ATTEST: K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on False Alarms-l 0-2-07 .doc 6 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TIREE Assistant Deputy City Clerk October 22, 2007 Darlene L Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37936-101807 amending Article III, Security Alarms, Chapter 23, Police, Code of the City of Roanoke (1979), as . amended, and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham October 22, 2007 Page 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C.Wells, Clerk, Juvenile and Domestic Relations District, Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police cJh5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37936-101807. AN ORDINANCE amending Article III, Security Alarms, of Chapter 23, Police, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Article III, Security Alarms, of Chapter 23; Police, to read and provide as follows: ARTICLE III. SECURITY ALARMS Sec. 23-35. Purpose and application. This article provides for the regulation of the use and operation of security alarm systems operated by alarm company operators in order to enhance public safety and reduce the unnecessary expenditure of public resources in response to false alarms. This article shall not apply to security alarm systems maintained by governmental agencies or departments. Sec. 23-36. Definitions. For the purposes of this article, the following words and phrases shall have the following meanmgs: Alarm company operator. Any business which engages in the installation, maintenance; alteration, servicing, repairing, replacing or monitoring of a security alarm system, or which causes any ofthese activities to take place in the City of Roanoke. \ Commercial alarm syste'f(l user. Any person on whose commercial premises a security alarm system is maintained within the city except for security alarm systems on motor vehicles. If, however, an alarm system on a motot'vehicle is connected with an alarm system at a commercial premises, the person using such system shall be 'considered is an alarm system user. The tenant or occupant of a protected premise shall be considered the commercial alarm system user unless otherwise indicated on the alarm permit application. If a protected premise is not occupied, then . the owner of the protected property shall be deemed the commercial alarm system user. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on Security Alarms-l 0-2-07 ,doc 1 ) Commercial premise. A commerciqJ premise shbJI include any industrial or commercially zoned premise or any premise that houses a commercial operation. A commercial premise shall also include any premise that is required to have a fire alarm system pursuant to the Virginia Fire Code, or is a residential premise that contains more than four (4) residential units. False alarm. Any communication generated by or as a result of a security alarm system operated by alnnn company operators that results in a response and investigation by a police officer or agent of the police department which reveals no evidence or indication of criminal activity or other actual hazard. "False alarms" shall not include signals found to be activated by unusually severe weather conditions or other causes that are identified by the city manager to be beyond the control of the user. An alarm dispatch request that is canceled by an alarm company operator or other person acting on behalf of the owner of a security alarm system before the responding police officer is actually dispatched shall not be considered a false alarm dispatch. Hazard. An event requiring urgent attention and to which a police officer is expected to respond. Permit holder. The owner or tenant of protected premises who has obtained an alarm system user permit. Person.,An individual, firm, partnership, association, corporation, company or organization of any kind. Protected premises. The premises upon which a security alarm system operated by alarm company operators has been installed for the purpose of detecting a hazard. Residential alarm system user. Any person on whose residential premises a security alarm system is maintained within the city except for security alarm systems on motor vehicles. If, however, an alarm system on a motor vehicle is connected with an alarm system at a residential premises, the person using such system is shall be deemed an alarm system user. . Security alarm system. An assembly of equipment and devices installed in or for commercial or residential premises and arranged to signal unauthorized intrusion, attempted burglary, robbery, other criminal activity or hazard at the protected premises requiring urgent attention to which police are expected to respond. Such alarm system may be installed, maintained, altered or serviced by an alarm company operator in commercial or residential premises. In this article, the term "secUrity alarm system" shall refer to all systems which are designed to attract the a~tention and response of the city police department, including alarm bells, sirens, horns and strobe lights which are audible or visible beyond the lot lines ofthe protected property premises. Sec. 23-37. Intentional false alarms. Any person who without just cause and with intent to interfere with the operations of any police officer calls or summons any police official by engaging or activating a security alarm system shall be guilty ofa class one misdemeanor. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on Security Alarms-l 0-2-07.doc 2 Sec. 23-38. Commercial alarm system user registration and permits. 'ea) Every commercial alarm system user shall, between the dates of November 1 and January 1 of each year 'lIithin sixty (60) days after the effective date of this article, obtain an alarm system user permit from the city for the operation of such security alarm system. If the security alarm system is to be installed or maintained by an alarm company operator, the alarm company operator may obtain the required permit for the commercial alarm system user. The person applying for the permit required in this section shall state on a permit application form provided by the city the following: name, address of the commercial premises in or for which the security alarm system will be installed, telephone number of the commercial alarm system user, the type of security alarm system (local or monitored), name of the alarm company operator selling or leasing the new or existing security alarm system equipment or services and the names, addresses and telephone numbers of at least two (2) other perso~s who can be reached at any time, day or night, and who are authorized to respond to an alarm signal and who can open and represent the premises in which the system is installed for reporting and investigative purposes. It shall be the responsibility of the commercial alarm system user to make sure that such persons respond within (20) minutes of notification by the city. It shall be the responsibility of the commercial alarm system user to notify the city in writing of any subsequent changes in the information provided on the permit application. Upon approval by the city manager of the permit application, the permit shall be issued to the commercial alarm system user. (b) Annual Rregistration applications shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) to cover the costs of processing the applicationfor each of the first three (3) locations. The registration fee for four (4) or more locations shall be one hundred dollars ($100.00). The registration must be renev/ed annually thereafter at an annual fee of twenty dollars ($20.00). Commercial alarm system users who have registered pursuant to section 12-24, Code of the City of Roanoke (1979), as amended, with regard to fire alarm systems are hot required to obtain a security alarm system permit or pay an additional registration fee under this article, but they are required to list information as to both systems on the registration application. \ ( c) Any commercial alarm system user who operates or allows an alarm system to be operated without first obtaining a permit as required by this section, or who, after having a permit revoked, operates or allows the system to be operated, shall be in violation of this article, and subject to a fine, as provided by section 23-42 46. The commercial alarm system user to whom the alarm system user permit should have been or was issued, in the case of revocation, shall be the person held in violation. (d) This permit requirement is intended to assist the police department and the city manager in the administration of the provisions of this article and shall not be deemed to create any special duty with respect to the protected premises beyond that owed to the general public. (e) Permits issued under this article shall be non-transferable. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on Security Alarms-l 0-2-07 .doc 3 ) Sec. 23-39. Duties of commercial and residential alarm system users. (a) Commercial and , residential alarm system users shall instruct employees, tenants or others who may have occasion to activate an alarm that security alarm systems are to be activated only in emergency situations to summon an immediate police response and shall instruct as to the operation of the security alarm system, including setting, activation, deactivation and resetting of the alarm. All instructions pertaining to security alarm systems and procedures shall be in written form, suitable for distribution and shall be available for inspection by representatives of the police department. Commercial and residential alarm system users shall be responsible for maintaining their security alarm systems in proper working order. (b) A commercial or residential alarm system user or person authorized and capable of deactivating the alarm, who allows an alarm to continue to emit an audible sign~l for twenty (20) thirty (30) minutes after notification of the alarm commencing to emit such signal shall be guilty \ of a class 3 4 misdemeanor. ) Sec. 23-40. Alarm company operator registration. ( (a) Every alarm company operator shall, within thirty (30) days after the effective date of this article, register with the city on forms provided by the city. The application for registration shall include name of the alarm company operator, names of owners and officers and the services offered by the alarm company operator. It shall be the responsibility of the alarm company operator to notify the city in writing of any subsequent changes in the information provided on the application for registration. ) (b) Registration applications shall be accompanied by a nomefundable fee of twenty-five dollars ($25.00) to cover the costs of processing the application and investigating the applicant. The registration must be renewed annually thereafter at an annual fee of twenty:five dollars ($250.00). Alarm company operators who have registered pursuant to Section 12-26, Code of the City of Roanoke (1979), as amended, with regard to fire alarm systems are not required to register with regard to security alarm systems or pay an additional registration fee, but they are required to list inforInation as to both systems on the registration application. Sec. 23-41. Duties of alarm company operators. (a) No security alarm system shall be installed, monitored, altered, serviced or repaired to a level of operation by an alarm company operator unless the commercial alarm system user has complied with the registration and permit provisions of section 23-38. (b) Every alarm company operator that installs, monitors, alters, services or repairs a security alarm system after the effective date of this article shall certify on the permit required in section 23-38 that the commercial. alarm system user has been instructed in the proper use and operation of the alarm system. ' K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on Security Alarms-IO-2-07.doc 4 Sec. 23-42. Service charges imposed upon commercial alarm system users for false alarms. (a) A service charge of one hundred twenty- five dollars ($125.00) shall be charged for each false alarm or security alarm occurrence for an unregistered alarm system user. In addition to the service charge, an unregistered commercial alarm system user will be charged a registration fee. .A, se-rvice chm-ge of one hundred dollars ($100.00) for each occurrence shall be assessed against the commercial alarm system user of a protect~d premises that is not registered, as required by this article, who activates, utilizes, operates or'" maintains a security'alarm system operated by alarm company operators 'lIithin the city for the first, second, third, fourth, fifth and sixth false alarms, and ono hundred fifty dollars ($150.00) fDT the seventh and all subsequent false alarms in each calendar yoar originating from the protectod promises. (b) . No service charge shall apply to the first five (5) second or third false fire and/or security alarms in each calendar year for each registered location provided the commercial alarm system user is a registered permit holder. A service charge of one hundred twonty five dollars ($100~.00) for each false fire or security alarm occurrence over five (5) false fire and/or security alarms shall be assessed against the commercial alarm system user permit holder who activates, utilizes, operates or maintains a security alarm system operated by alarm company operators within the city. for the fourth false alarm, fifty dollars ($50.00) for the fifth false alarm, one hundrcd dollars ($100.00) for the sixth false alarm, and one hundred fifty dollars ($150.00) for the seventh and all subscquont falso alarms in each calendar year originating from the protected promises. (c) Any +he service charge or fee billed under this article shall be due thirty (30) days from the date of invoice mailing of the bill by -the city managor and shall be payable to the city treasurer. Sec. 23-43. Inspection requirements and service charges imposed upon residential alarm system users for false alarms. (a) Any residential alarm system user experiencing a tenth false alarm in a calendar year shall within thirty (30) days of the tenth false alarm have his security alarm system inspected by an alarm company operator at the cost of the residential alarm system user or, without cost, a site assessment by the police department's crime prevention unit. If an alarm company operator inspects the security alarm system, it shall conduct a complete examination of the security alarm system, including, but not limited to, satisfactory design and installation of the security alarm equipment, proper functioning of the alarm and education of the residential alarm system user in the proper operation of the security alarm system. The alarm company operator shall record the r d~tails of this inspection of a form provided by the police department for this purpose. The completed inspection report shall be returned to the police department by the alarm company operator within seven (7) days of the inspection. The alarm company operator shall provide a copy of the completed inspection report to the residential alarm system user at the same time. (b) No service charge shall be imposed upon a residential alarm system user for the fIrst through tenth false alarm in each calendar year. A service charge of fifteen dollars ($15.00) for K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on Security Alarms-lO-2-07.doc 5 each occurrence shall be assessed against the residential alarm system user who activates, /' utilizes, operates or maintains a security alarm system operated by alarm company operators within the city for the eleventh false alarm, twenty dollars ($20.00) for the twelfth false alarm, twenty-five dollars ($25.00) for the thirteenth false alarm, and thirty dollars ($30.00) for the fourteenth and all subsequent false alarms in each calendar year originating' from the protected premises provided the residential alarm system user has had the inspection required above after the tenth false alarm. If the residential alarm system user has not complied with the inspection requirements of this section after the tenth false alarm, then all subsequent false alarms in that calendar year shall result in a service charge of thirty dollars ($30.00). (c) The service charge shall be due thirty (30) days from the date of mailing of the bill by the city manager and shall be payable to the city treasurer. Sec. 23-44. Failure to pay service charges; revocation of permit. All service charges assessed against the permit holder, commercial alarm system user of the \ protected premises if not registered, or residential alarm system user who activates, ytilizes, operates or maintains a security alarm system shall be due and owing to the city treasurer. In the event legal action is necessary to collect the service charges, the owner or tenant shall be required to pay for any and all attorneys' fees and other costs expended by the city to collect such funds. The failure of a permit holder to pay any service charge assessed un(jer this article when due shall constitute grounds for the revocation of its permit by the city manager. The continued operation of a security alarm system by the person who activates, utilizes or maintains a security alarm system 'after notification that the permit has been revoked shall constitute a class four misdemeanor. A security alarm permit that has been revoked pursuant to this section may be reinstated by the city manager upon payment of all outstanding service charges, a reinstatement fee of fifty ($50.00) dollars, and compliance with all other requirements of this article. Sec. 23-45. Appeals. Upon application in '.'vriting by any person against 'l;hom a service charge has been assessed under this article, the city manager may wai'/e the service charge for good cause shovlll. Upon an appeal made in writing to the city manager within thirty (30) days of the date of receiving the city's invoice, any person against whom a service charge has been assessed under this article may appeal such charge to be reviewed, by the city manager. The appeal shall include a brief statement setting forth why the person against whom the charge has been assessed believes that the service charge is not Jvalid. The City manager may waive all or a portion of the service charge for good cause shown in the appeal. Sec., 23-46. Penalties. Except as' otherwise provided, any person who violates any section of this article shall be guilty of a class 3 misdemeanor. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on Security Alarms-l 0-2-07,doc 6 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is 'hereby dispensed with. ATTEST: ~fr1.~ City Clerk. K:\Susan's Documents\Spencer\Measures\2007\Code Amendment on Security Alarms-1O-2-07.doc 7 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 City Web: www,roanokeva,gov October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: City Code Changes Regarding Fire Alarm Systems and Security Alarms At its meeting on June 2, 2003, City Council adopted Ordinances establishing procedures for regulating and monitoring fire alarm systems and security alarms. The purpose of these ordinances was to provide for regulation regarding the use and operation of fire and security alarms in order to enhance public safety and reduce the necessary expenditures of public resources in response to false alarms. These two ordinances have been managed by the Fire and Police Departments with collections being provided by the City's Billings and Collections Department. The Fire Department has been tasked with managing the fire alarm ordinance, and the Police Department has been tasked with managing the security alarm ordinance. Since its creation in 2003, each Department has developed specific procedures in administering these ordinances. In an effort to ensure that there is a consistent application of both of these ordinances, a committee was formed at the direction of the City Manager to address both of these ordinances. This committee contained members from the Fire, Police and Billings and Collections Departments and the City Attorney's Office. As a result of the work of the committee and input from the City Auditor's office, the committee has recommended amendments to both the security and fire alarm ordinances. These amendments are intended to simplify the process of registering alarms and monitoring false alarm charges throughout the City. Both ordinances are proposed to be amended to standardize the service Honorable Mayor and Members of City Council October 18, 2007 Page 2 charges assessed for false alarm charges and the registration fees charged to alarm users. Under the amended ordinances, each registered location of an alarm system user would have a total of five (5) false fire and/or security alarms each calendar year. After the fifth false fire and/or security alarm, the alarm system user would be assessed a fee of $100.00. Ordinances are also proposed to be amended to simplify the registration of alarm systems for both fire and security alarms. Between the dates of November 1 and January 1 of each year, an alarm system user for either fire alarm systems or security alarm systems would be required to register such systems with the City. The annual registration fee would be$2 5 .00 for each of the first three (3) locations registered by the alarm user. The registration fee for four (4) or more locations would be $100.00. The committee believes that this is a fair and adequate assessment to cover the costs of registration and address the small alarm user as well as the large alarm user who has many locations throughout the City. The committee also addressed the appeals issue and further defined the process and timeframe by which false alarm charges could be appealed to the City Manager for consideration. Recommended Action: Amend and reordain Article III, Fire Alarm Systems, of Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979) and Article III, Security Alarms, of Chapter 23, Police, Code of City of Roanoke (1979) and dispense with the second reading by title of both ordinances. Respectfully submitted, Darlene L. B cham City Manager DLB:lb C: Stephanie M. Moon, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney James Grigsby, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development H. David Hoback, Chief of Fire/EMS A. L. Gaskins, Chief of Police CM07-00169 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 . Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk ' CECELIA R.1YREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk ) October 22, 2007 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am enclosing copy of Budget Ordinance No. 37937-101807 appropriating funds from the Commonwealth; amending and reordaining certain sections of the 2007-2008 School Fund Appropriations; and dispensing with the second reading by title of this ordinance. The abovereferenc'ed measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon its passage. ' Sincerely, ~~c~~ City Clerk SMM:ew Attachment pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools David B. Carson, Chair, Roanoke City School Board, 3037 Carolina Avenue, S. W., Roanoke, Virginia 24014 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager ~" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37937-101807. AN ORDINANCE to appropriate funding frol11 the! Commonwealth, amending and reordaining certain sections of the 2007-2008 School 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 2007-2008 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Testing Fee Tuition / 30-062-6716-0382-6138 $10,150 Revenues State Grant Receipts, 30-062-6716-1100 10,150 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ hl. ~ City Clerk. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951 David B. Carson Chairman Jason E. Bingham Vice Chairman V. Mignon Chubb-Hale Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board 1 i"; (i ;..~t.:! ':). .: . ~'.i" ~:'I .: r f "j October 18, 2007 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on October 9, the Board respectfully requests City Council to appropriate $10,150.00 for the 2007-08 Industry Certification Examinations, Licensure Testing, and Occupational Assessments program. The program will provide for the reimbursement of costs associated with student credentialing. The continuing program is reimbursed one hundred percent by State funds. The School Board thanks you for your approval of the appropriation request. re Sincerely, Ci~~f~ cc: Mr. David B. Carson Dr. Rita D. Bishop Mr. Curtis D. Baker Mr. Richard C. Patterson Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver Ms. Dorothy Hoskins (with accounting details) CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JESSE A. HALL Director of Finance email: jessejlall@ci.roanoke.va".us October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: School Board Appropriation Request ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.lIs As the result of official School Board action at its meeting on October 9, 2007, the, Board has respectfully requested that City Council appropriate $10,150 for the 2007- 2008 Industry Certification Examinations, Licensure Testing, and Occupational Assessments program. The program will provide for the reimbursement of costs associated with student credentialing. The continuing program is reimbursed one hundred percent by State funds. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate this funding. Sincerely, q~4.-HJfJ Jesse A. Hall Director of Finance JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva,gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TIREE Assistant Deputy City Clerk October 22, 2007 Donald J. Borut Executive Director National League of Cities 1301 Pennsylvania Avenue, N. W. Washington, D. C. 20004-1763 Dear Mr. Borut: I am enclosing copy of Resolution No. 37938-101807 designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007. , Sincerely, ~h,.~ Stephanie M. Moon, CMC City Clerk. SMM:ew Attachment pc: The Honorable Alfred T. Dowe, Jr., Council Member ~. '\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37938-101807. A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to beheld on Saturday, November 17, 2007, in New Orleans, Louisiana, and any Business Meetings in connection with such Conference, The Honorable Alfred T. Dowe, Jr., Council Member, is hereby designated Voting Delegate on behalf ofthe City of Roanoke, Virginia. 2. Stephanie M. Moon, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate. ATTEST: !4i.II" ;.~ tTl. ~ City Clerk. If. \MjQ.::aC!"'r~C!\l\T::at-;I""\,";::II' T,lClo::arT11lClo n-F r;t-;cC! 'Un+-;",.,. DlCloT"\ "Jnn"7 nl"'\~ To strengthen and promote cities as centers of opportunity, leadership, and governance, ~.~,~ National League of.Cities 1301 Pennsylvania Ave" NW Washington, DC 20004-1763 202-626-3000 Fax: 202-626-3043 www,nlc,org 2007 Officers President Bart Peterson Mayor Indianapolis, Indiana First Vice President Cynthia McCollum Council Member Madison, Alabama SecoM Vice President : 'Kathleen 'Novak Mayor Northglenn, Colorado Immediate Past President James C, Hunt Councilmember Clarksburg, West Virginia Executive Director' Donald J. Borut Recycled Paper September 28, 2007 MEMORANDUM TO: Direct Member Cities _ __ CIT"( CLERK '07 OCT tl~ P~Ml:53 Donald 1. Borut, Executive Director FROM: SUBJECT: Congress of Cities Voting Delegates The National League of Cities Annual Business Meeting will be held on Saturday, November 17, 2007, at the conclusion of the Congress of Cities and Exposition in New Orleans, As a direct member city, your city is entitled to vote atthis meeting, Basedon population, each member city castSoetween-- one and twenty votes, The number of votes for each population fangecan be found on the table on the reverse of this memorandum, To be eligible to cast a city's vote, a voting delegate and alternate must be officially designated by the city using the enclosed credentials form. This form will be forwarded to NLC's Credentials Committee, NLC bylaws expressly prohibit voting by proxy. City elected officials ~houldge mad~ aware of this request so that decisions: can ,be made as tdwho will be th~:: votingdelegaie and alternate@).,' ",' '., 'J '~'. ~.' :', . ,," At the Congtess of Cities, the voting delegate mustpick up the city's v?tihg'" card at the credentials booth before the Annual Business Meeting and must'be present at the Annual Business Meeting to cast the city's vote, Alternates should also visit the credentials booth before the meeting to pick up their stickers which identify them as alternate voting delegates, The credentials booth will be open throughout the Congress of Cities, .~', Please return the completed form to NLC by fax at 202-626-3043 on or before October 31, 2007, and keep the original for your own files, -If you have any questions or concerns, contact Ken Rosenfeld, NLC policy manager, at rosenfeld@nlc,org or 202-626-3027, Thank you, '. '.' . , . Past Presidents: Clarence E, Anthony, Mayor, S~;thBay, FI~rida' JohnDeSie'aill;. J::, Mavor, New Haven, Connecticut. Brian J, O'Neill, Councilman, Philadelphia, Pennsylvania. Directors: R, Michael Amyx, Executive Director, Virginia Municipal League.. 'Susan Burgess,. Mayor Pro Tern, Charlotte;.North Carolina. Thomas Carlson, Mayor, Springfield, Missouri. Susan Cave, Executive Director, Ohio Municipal League' Deborah Denard Delgado, Councilwoman, Hattiesburg, Mississippi, Joseph Oonaldson, Mayor, Flagstaff, Arizona' Pat Eklund, Council Member, Novato, California' Ted Ellis, Mayor, Bluffion, Indiana . Makia Epie, Council Member, Cedar Hill, Texas' Margaret Finlay, Councilmember, Duarte, California' Rene Flowers, Councilmember, St Petersburg, Florida. John Franklin, Councilmember, Chattanooga, Tennessee. Gary Graham, Mayor, O'Fallon, Illinois. Donald A. Groesser, Mayor, Ralston, Nebraska. Jeanne Harris, Councilmember, Vancouver, Washington. DauD S. Hester, Council Member, Norfolk, Virginia . Charles Hughes, Councilman-At-large, Gary, Indiana. Steven Jeffrey, Executive Director, Vermont Le'ague of Cities and Towns. Michael E. Johnson, Council Member, Phoenix, Arizona. Martin Jones, Council Member, Conyers, Georgia. Jennifer L Kim, Council Member, Austin, Texas. Daisy W. Lynum, Commissioner, Orlando, Florida. Margaret Mahery, Executive Director, Tennessee Municipal Leaguec. Cynthia Mangini, Councilman-At-large, Enfield, Connecticut. Marcia Marcoux, Councilmember, Rochester, Minnesota. Henry Marraffa, Jr., Councilman, Gaithersburg, Maryland. Tom Ed McHugh, Executive Director, Louisiana Municipal Association. Darryl Moss, Mayor, Creedmoor, North Carolina. James Perkins, Jr., Mayor, Selma, Alabama. Daniel Pocek. Mayor, Bedford, Ohio. Richard Radcliffe, Councilman, Greenacres, Florida. Lynn Rex, Executive Director, League of Nebraska Municipalities. Julie Aberg Robison, Council Member-At-Large, Cary, North Carolina. Shirley Scott, Council Member, Tucson, Arizona. Anne Sinclair, Council Member, Columbia, South Carolina' Walter Skowron, Council Member, Loveland, Colorado' Connie Sprynczynatyk, Executive Director, North Dakota League of Cities' Ken Strobeck, Executive Director, League of Arizona Cities and Towns. Lynne Whalen, Council Woman, Casper, Wyoming. Dennis Zine, Councilman, Los Angeles, California NATIONAL LEAGUE OF CITIES 2007 (:ONGRESS OF CITIES . ,NEW ORLEANS, LOUISIANA Number of Votes - Annual Business Meeting OirectMember Cities Article IV, Section 2 of the N!Jtional League of Cities bylaws specifies the number of votes that each NLC direct member city is entitled to cast at the Annual Business Meeting at the Congress of Cities. Member cities are required by the bylaws to cast unanimous votes. CITY POPULATION (per 2000 Census) NUMBER OF VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes , 500,000 - 599,999 12 votes 600,000 - 699,999 14 votes 700,000 - 799,999 16 votes 800,000 - 899,999 18 votes 900,000 and above 20 votes CITY OF ROANOKE OFFICE OF THE CITY CLERK: 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk October 22, 2007 Ms. Elizabeth Stone 1923 Greenwood Road, S. W. Roanoke, Virginia 24015 Dear Ms. Stone: At a regular meeting of the Council of the City of Roanoke held on Thursday, October 22, 2007, you were appointed as a member of the Fair Housing Board for a term ending March 31, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. 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 copywithin two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Elizabeth Stone October 22, 2007 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Fair Housing Board. Sincerely, ~~'M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Angie Williamson, Secretary, Fair Housing Board Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's Office ( COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, 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 October 2007, ELIZABETH STONE was appointed as a member of the Fair Housing Board for a term ending March 31, 2010. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October 2007. . - rn'~i City Clerk ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue~ S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC Acting City Clerk CECELIA R. TYREE Assistant Deputy City Clerk October 22, 2007 Ms. Adrienne Barnett 2706-B Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Barnett: At a regular meeting of the Council of the City of Roanoke held on Thursday, October 18, 2007, you were appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must 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. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W. 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\Arts Commission\Adrian Barnett oath.doc / ~ Ms. Adrienne Barnett October 22, 2007 Page 2 On behalf of the Mayor and Members of City C,ouncil, I would like to expres's appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission. ' Sincerely, SMM:ew Enclosures pc: Wyona M. Lynch-McWhite, Chair, Roanoke Arts Commission, 2012 Berkley Avenue, S. W., Roanoke, Virginia 24015 Susan Jennings, Public Arts Coordinator Wanda McGill, Secretary, Roanoke Arts Commission Sheila N. Hartman, Deputy City Clerk Andrea R. Johnson, Administrative Secretary, City Clerk's Office K:\oath and leaving service\Arts Commission\Adrian Barnett oath,doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, 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 October 2007, ADRIENNE BARNETT was appointed as a member of 'the Roanoke Arts Commission for a term ending June 30, 2010. Given under my, hand and the Seal of the City of Roanoke this twenty- second day of October 2007. K:\oath and leaving service\Arts Commission\Adrian Barnett oath,doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 . Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk October 22,2007 G reg Reed Director of Engineering Services Western Virginia Water Authority Roanoke, Virginia Dear Mr. Reed: I am attaching copy of Ordinance No. 37939-101807 permanently vacating, discontinuing and closing a 4,638 square foot strip of the northerly portion of Brownlee Avenue, S. E., for a distance of 496.58 feet along,the existing right-of- way line, and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon its passage. Sincerely, ~ Ih. ~.>yv Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Timothy Hoelzle, Lumsden Associates, P. c., P. O. Box 20669, Roanoke, Virginia 24018 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission {t1~1f it ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October,; 2007. No. 37939-101807. \ AN ORDINANCE permanently vacating, discontinuing and closing a portion of a certain publip right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the Western Virginia Water Authority filed an application to the Council of the Ci!y of Roanoke,' Virginia ("City CounciI:'), in accordance with law, requesting City Council to permanently vacate, discontinue and close a portion of certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by g30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 18,2007, after due and timely notice thereof as required by g30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; , WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of a portion of a certain public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such portion of a certain public right-of-way. I THEREFORE~ BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that a portion of a certain public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 0- WVW A - Close Portion Brownlee Ave SE 10-18-07 A 4,638 square feet of the northerly portion of Brownlee Avenue, S.E., for a distance of 496.58 feet along the existing right-of-way line. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of a right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specificaJly, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such street and public right-of- way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described portion of a public right-of-way of any such municipal installation or other utility or facility by the owner thereof. I, BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat dedicating to the City of Roanoke the land on the south side of the subject right-of-way as shown in the Plat of Right-of-Way Relocation of Brownlee Avenue, S.B., dated June 26, 2007, accompanying the' application for closure and combining all properties which would otherwise dispose ofthe land within the right-of-way to, be vacated in a manner consistent with law, and retaining appropriate easements, together with the 0- WVW A - Close Portion Brownlee Ave SE 10-18-07 right of ingress and egress ~ver the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, !l certified copy of this ordirIance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as. are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT PINALL Y ORDAINED that pursuant to the provisions of S12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: #4-~"'';LJ~Y1. ~ ~ City Clerk. 0- WVW A - Close Portion Brownlee Ave SE 10-18-07 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us October 18, 2007 Architectural Review Board Board of Zoning Appeals Planning Commission Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred 1. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the Western Virginia Water Authority to permanently vacate, discontinue and close 4,638 square feet of the northerly portion of Brownlee Avenue, S.E., for a distance of 496.58 feet along the existing right-of-way line. Recommendation: Planning Commission public hearing was held on Thursday, September 20, 2007. Bya vote of 6-0 (Mr. Rife absent), the Commission recommends that City Council approve the applicant's request and vacate the portion of Brownlee Avenue, S.E. The applicant will in turn dedicate a larger portion of right-of-way to the City on the southern side of Brownlee Avenue, S.E. Granting the applicant's request will aid in further improving access to the Waste Water Treatment Plant. The closure should be subject to the conditions listed below. A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located. within the right-of-way, including the right of ingress and egress. B. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Members of Council Page 2 October 18, 2007 Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. C. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. D. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Jky~ Henry Scholz, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Agent for the Applicant Members of Council Page 3 October 18, 2007 Application Information Request: Permanent Vacation, Discontinuation and Closure of a portion of Brownlee Avenue, S.E. Owner/Applicant: Western Virginia Water Authority Representative: Tim Hoezle, Lumsden Associates City Staff Person: Frederick Gusler Site Address/Location: 1502 Brownlee Ave, S.E. Official Tax Nos.: 4330301,4340315 Site Area: 4,638 square feet Existing Zoning: 1-2, Industrial District Proposed Zoning: n/a Existing Land Use: Improved street Proposed Land Use: Reconfigure right-of-way Neighborhood Plan: Morningside/Kenwood/Riverdale Specified Future Land Public street, access to Waste Water Treatment Plant Use: Filing Date: Original Application: June 28, 2007 Background: The right-of-way requested for vacation adjoins an improved street that is 60 feet wide. The applicant owns the abutting properties, Official Tax Map Nos. 4330301 and 4340315. The current right-of-way configuration is the result of the vacation of several streets and alleys in 2005. Brownlee Avenue was realigned and improved as part of the improvements to the applicant's Waste Water Treatment Plant. Considerations: Surroundinq Zoninq and Land Use: North South East West Zoning District 1-2, Industrial District 1':2, Industrial District 1-1, Industrial District ROS, Recreation/O en S ace District Compliance with the Zoninq Ordinance: The proposed vacation will have no impact on the zoning map or the zoning of the adjoining properties. Members of Council Page 4 October 18, 2007 Conformity with the Comprehensive Plan and Neiqhborhood Plan: The request is consistent with the future land use plan of the Morningside/ Kenwood/Riverdale Neighborhood Plan, and with the Infrastructure goals of Vision 2001-2020. Public Utilities The area is served by public utilities. Staff received comments from Verizon and Roanoke Gas; neither had any objection to the request. City Department Comments: Staff received comments from the City Engineer, Traffic Engineer, and Fire/EMS; none had any objection to the request. Public Comments: None Planninq Commission Work Session: None Comm: 2007-137 ) APPLICATION STREET OR ALLEY VACATION Date: 6-28-07 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at:;!" ',' ";,.,; " LocatioD and description of street or alley to be closed:, ',.' ,\ A 4,638 s.t. strip of right-of-way along the nor~herly slde of Brownlee Ave., ,SE 496.58 in length as measured along the existing right-of-way line & more particularly shown on a plat prepared by Lumsden Associates, P.C., dated June 26, 2007, entitled "Plat of right-of-way relocationoLBrownlee Avenue, S.E. (see attached plat). Proposed use of vacated street or alley: Western Virginia Hater Authority Wastewater Treatment Plant right-of-way swap. Name of ApplicanUContact Person: Timothy Hoelzle Mailing Address: P .0. Box 20669, Roanoke , VA f't...,~ ~ 1";"",- 24018 ~, i Telephone: (54{) 774-441lX117Fax: E-mail: thoelzle@lumsdenpc.com Applicant(s) signature(s): 5 , " WOJ'::>dN30SWm@1IWl :1IWl-3 SVt6-lLL (a's) :XV~ ~ L W-, LL (a's) :3NOHd 9LO,l YINI:>lM '3l10NYOll 69901: X09 'O'd MS '3nN3^Y N01319W'v'll9 V99, YINIDtlIA '3)10NYOtl SH:iNNY1d-SH0A3A BnS-SB33N laN3 'J'd 'S31 VIJOSSV N3GSWD1 ~ :l.. 1 Ij 2 ./": '" /" 1 :,^' I I ..... 0'0 "-. l' ...r"YS/<9../"'SJ "'", ">;,'"'" ....... 0' &-: '<"'.........Y.:~oo..-: "" ~0;~"'>':'<1-'p' ...... " 6'0<'0;::.>.... cY...,)-k:;;'~Q(- 'y .r"".....S-"'O'?dI-:-19 ..;-~ 00.-& ~ o)/>: 6'......0;00- " ., ~ is . 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P.O, BOX 20669 - ROANOKE, VA 240]8 - PHONE (540) 774-44] 1 - FAX (540) 772-9445 - EMAIL MAIL@LUMSDENPC.COM Brownlee Avenue Right-of-way Vacation request adjoining owner list: Tax Map Number 4330301 Owners Name Western Virginia Water Authority Address 601 South Jefferson Avenue Suite 300 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - --' - - - - - - -- - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - -+- - - - - - - -- - - - - - - - - - - - - - -- WESTERN VIRGINIA WATER AUTHORITY P.O. BOX 20669 LUMSDEN ASSOCIATES, ROANOKE VA 24018 REFERENCE: 80155916 10525465 PH Western Virgini r----_,_ ), NOTICE OF PUBLIC HEARING I The Council of the City of I Roanoke will hold a public ,hearlng,on Thursday, /october 18, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, Iln the Council Chamber, fourth floor, in the Noel C. Taylor Municipal 8ullding, 215 Church Avenue, S,W" Roanoke, Virginia, to consider the foUowing: i Request from the Western Virginia Water Authority to ipermanently vacate, L discontinue and close 4,638 I square feet of the northerly I portion of Brownlee Avenue, S,E" for a distance of ! 496,58 feet generally west I' of Tax M.ap No. 4330709 along,the existing, right-of-way line. ,I A copy ofthe application I is available for review In the 'Office of the City Clerk, , Room 456, Noel C, Taylor 'Municipal Building, 215 IChurch Avenue, S,W., Roanoke; Virginia. " I All parties in interest and: ,citizens may appear on the' ,above date and be heard on : 'the matter. If you are a' i person with a disability who' : needs accommodations fori this hearing, please contact ,the City Clerk's'Office, at '853-2541, before noon on ,Monday, October 15, 2007. i GIVEN under my hand this 28th day of September, 2007, '" , . Stephanie M. Moon, CMC, I , City Clerk 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 Virginia. Sworn and subscribed before me this _______day of October 2007. Witness my hand and seal. ===_J:()::~~~Lt~~ ",111111'" ", LAv ;" "~I p.. r~ I, ,'^...... ....... '.4..",', , ,v' .,'.'V' ...... ~ .... :\p.,?\"' ", ~ :: S.. ~~ \"6\,..\0 0'" ~ ~ .. ....... ?v 0"'\'::)' :. .. o:l . 109 ,;:> . - -. :#' f'\~' <- - . ",.-:0, .~\"-S\v . - - - . f'''' ~W\" . <: - ~ ~ ", \JI'I c,~SJ\W .. ,',/ <!J-., , E, .. '. - .~:.. .. ~ . .' '~'~....., '"'' TOTAL COST: 330.00 ", 04,1~""""::"'~1';~;'''''' , FILED ON: 10/09/07 "'",ONWEA\:..'';(I,'",,' - - - - - -,- - - - - - - - - - - - - - _ _ - - _ _ _ _ _ _ _ _ _ _ '.! U 1 U'L1"~'\ ~ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PUBLISHED ON: 10/02 10/09 (10525465) Authorized f~ J Si gn a t u r e : _:....- .l44i.L.-ft---- " Bilring Services Representative (J'; (."'/ C. r::.' ......, -c p ~ ;::r::: ,~ ......J I,r;;;; .,~ ,:..."" I-.:.. , "h "\ sOr 101 . () u- I NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 18, 2007, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the Western Virginia Water Authority to permanently vacate, discontinue and close 4,638 square feet ofthe northerly portion of Brown lee Avenue, S.E., for a distance of 496.58 feet generally west of Tax Map No. 4330709 along the existing right-of-way line. A copy of the application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. rfyou are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Monday, October 15,2007. GIVEN under my hand this 28th day of September ,2007. Stephanie M. Moon, CMC, City Clerk K:INOTlCESIN-WVWA - VACATE BROWNLEE 1O-18-07,DOC Notice to Publisher: Publish in the Roanoke Times once on Tuesday, October 2,2007 and October 9,2007. Send affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Western Virginia Water Authority Timothy Hoelzle Lumsden Associates, PC P.O. Box 20669 Roanoke, Virginia 24018 853-5700 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-m(lil: c1erk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE, Assistant Deputy City Clerk October 9, 2007 G reg Reed Director of Engineering Services Western Virginia Water Authority Roanoke, Virginia Dear M r. Reed: Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Thursday, October 18, 2007, at 7:00 p.m., or as soon thereafter asthe matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Western Virginia Water Authority that a 4,638 square foot strip of right-of-way along the northerly side of Brownlee Avenue, S. E., being 496.58 feet in length, be vacated, discontinued and closed. It will be necessary for you, or your representative, to be present at the October 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. ' ',- . Sincerely, Jittl~M.~ Stephanie M.Moon, CMC City Clerk SMM:ew pc: Timothy Hoelzle, L.S., Lumsden Associates, P.c., P. O. Box 20669 Roanoke, Virginia 24018 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Plauning Commission REQUEST FOR COMMENT REZONING X_STREET/ALLEY CLOSURE OTHER DATE: July 10, 2007 APPLICANT: Western VA Water Authority LOCATION: strip of r.o.w. along northerly side of Brownlee Avenue, N.E. REQUEST: Vacation, discontinuance and closure Your review and comment on the above-referenced item is requested. Please provide written comments by August 1, 2007. Public hearing before the Planning Commission is scheduled for September 20,2007, at 1 :30 p.m. Please return all comments to me at martha.franklin@roanokeva.gov. Thank you. Martha P. Franklin, Secretary City of Roanoke Planning Commission copies to: David Barnhart, WVW A Bob Bengtson, Director of Public Works Brian Brown, Economic Development Administrator Darlene Burcham, City Manager Bob Clement, NHCoordinator Bill Hackworth, City Attorney Mark Jamison, Manager, Transportation Stephanie Moon, City Clerk Phil Schirmer, City Engineer Steve Talevi, Assistant City Attorney Brian Townsend, Assistant City Manager Dan Webb, Acting Director, HNS' City Planning Commission Members President, Neighborhood,Organization: N/A Adjoining Locality Development Engineers Development Review Coordinator Planning Administrator Planners (IS, FG, BF, CF, MB, ET) Zoning Aalninistrator Street/Alley Only: Fire Marshal Communications EMS American Electric Power Verizon Roanoke Gas For determination of value: Real Estate Valuation _ Phil Schirmer, City Engineer Internal Staff: Director, Planning Building and Dev. _ Building Commissioner CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: derk@roanokeva.gov SHEILA N. HARTMAN I?eputy City Clerk STEPHANIE M. MOON, CMC . City Clerk July 6, 2007 Henry Scholz, Chair City Planning Commission 2335 Broadway Avenue, S. W. , Roanoke, Virginia 240'14 Dear Mr. Sholz: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Street and Alley Application received in the City Clerk's Office on July 6,' 2007, from Timothy Hoelzle of Lumsden Associates, P.C, representing Western Virginia Water Authority, requesting that a 4,638 square foot strip of right-of-way along the northerly side of Brownlee Avenue, S. E., being 496.58 feet in length, be vacated, discontinued and closed. Sincerely, .~O)- Sheila N. Hartman Deputy City Clerk SNH:ew Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosure) Timothy Hoelzle, Lumsden Associates, P. c., P. O. Box 20669, Roanoke, Virginia 24018 (w/o enclosure) , Susan S. Lower, Director, Real Estate Valuation Martha P.Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney K:\REZONING AND STREET. CLOSUREIBrownlee Av SE street or alley vacation 07 07,doc Comm: 2007-137 ~.J; APPLICATION STREET OR ALLEY VACATION Date: 6-28-07 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 AI/ submittals must be typed and include aI/required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Locatigo and description of street or alley to be closed: A 4, 38 s.t. strip of right-of-way along the nor~herly slde of Brownlee Ave., 3E 496.58 in length as measured along the existing right-of-way line & more particularly shown on a plat prepared by Lumsden Associates, P.C., dated June 26, 2007, entitled "Plat of right-of-way relocation of Brownlee Avenue, S .E. (see attached plat). Proposed use of vacated street or alley: Western Virginia Hater Authority Wastewater Treatment Plant right-of-way swap. Name of ApplicanUContact Person: Timothy Hoelzle Mailing Address: P.O. Box 20669, Roanoke, VA 24018 TEm:~phone: (54Q . 774-4411X1l7Fax: Eo-mail: thoelzle@lumsdenpc.com Applicant(s) signature(s): '.j " , 5 ;:';~"'i2~~""""-~~;:'; ~~~~~g~~~~~~~~~~ ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ 5 S!S!S!S!S!S!S!S!S!~S!S! 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SW - P,O, BOX 20669 - ROANOKE, V A 24018 - PHONE (540) 774-4411 - FAX (540) 772-9445 - EMAIL MAIL@LUMSDENPC.COM Brownlee Avenue Right-of-way Vacation request adjoining owner list: Tax Map Number 4330301 Owners Name Western Virginia Water Authority Address 601 South Jefferson Avenue Suite 300 ;".... CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W" Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @roanokeva.gov SHEILA N, HARTMAN Deputy City Clerk CECELlA R. lYREE Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk October 22, 2007 Darlene L. Burcham City Manager . Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 379400101807 rezoning a portion of 22.56 acres of land located at 1030 Morningside Street, S. E., identified as Official Tax No. 4130501, from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan showing two additions to the existing library structure, as set forth in the Application for Conditional Rezoning - Amended Application No. 2 of City of Roanoke, filed in the Office of the Department of Planning Building and Economic Development on September 20, 2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon its passage. Sincerely, '~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L Burcham October 22,2007 Page 2 pc: R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation' Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Charles Anderson, Architect II, Engineering {lJC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37940-101807. AN ORDINANCE to amend S36.2-100, Code of the City of Roanoke (1979), ~s amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone a portion of22.56 acres ofland located at 1030 Morningside Street, S.B., identified by Official Tax No. 4130501, from ROS, Recreation and Open \ \ Space District, to IN, Institutional District, subject to a proffer; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan showing two additions to the existing library structur~; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 18, 2007, after due and timely notice thereof as required by S36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and O-City - Jackson Park Branch Library - Rezone 10-18-07 WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare, and good zoning practice require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of 22.56 acres of land located at 1030 Morningside Street, S.E., identified by Official Tax No. 4130501, be rezoned from ROS, Recreation and Open Space District, to IN, Institutional' District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan showing two additions to the existing library structure, as set forth in the Application for Conditional Rezoning - Amended Application No. 2 of City of Roanoke, filed in the Office of the Department of Planning Building and Economic Development on September 20,2007. 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: ~m.~ '.' ' ; >.. q.>l~y Clerk. .. ,- .. '. :. .. - '. .~ O-City - Jackson Park Branch Library - Rezone 10-18-07 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us October 18, 2007 Architectural Review Board Board of Zoning Appeals Planning Commission Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly 1. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to rezone a portion of 22.56 acres of land located at 1030 Morningside Street, S.E., identified by Official Tax No. 4130501, from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan showing two additions to the existing library structure. Recommendation Planning Commission public hearing was held on Thursday, September 20, 2007. Bya vote of 5-1 (Messrs. Manetta, Scholz and Chrisman and Mrs. Penn and Ms. Prince voting for, Mr. Williams voting against, and Mr. Rife absent), the Planning Commission recommends approval of the request to City Council. The Commission found the application to rezone the applicable portion of Official Tax No. 4130501 containing the Jackson Park Branch Library to be consistent with the City's Comprehensive Plan and the Morningside/Kenwood/ Riverdale Neighborhood Plan. Rezoning the subject property to IN, with proffered conditions, will allow the physical as well as functional expansion of an existing community facility. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Members of Council Page 2 October 18, 2007 Application Information Request: Conditional Rezoning Owner/Applicant: City of Roanoke Representative: Charles Anderson, Architect II City Staff Person: Maribeth 8. Mills, City Planner II ] Site Address/Location: 1030 Morningside Street, S.E. Official Tax Nos.: 4130501 Site Area: 1.33 Acres Total Existing Zoning: ROS, Recreation and Open Space District Proposed Zoning: IN, Institutional District with conditions Existing Land Use: Library Proposed Land Use: Library Neighborhood Plan: Morningside/Kenwood/Riverdale Neighborhood Plan Specified Future Land Public and Open Space Use: Filing Date: Original Application: July 5, 2007; Amended Application NO.1: August 13, 2007; Amended Application NO.2: September 20, 2007 Background The applicant is requesting to rezone the subject property from ROS, Recreation and Qpen Space District, to IN, Institutional District, with conditions, to allow the subdivision and expansion of the Jackson Park Branch Library. The library currently sits on the north corner of Jackson Park at the intersection of Montrose Avenue, S.E., and Morningside Street, S.E. Under this parcel's current zoning of ROS, a library is not permitted by-right or by special exception. Therefore, a 1.33 acre portion of Official Tax No. 4130501 surrounding the library must be subdivided and rezoned if an expansion is to occur. The expansion would consist of two additions to the existing 5,456 square foot building. The 1,907 square foot addition would be a community meeting room, a storage room, public restrooms and expansion of the current building's entry vestibule. The 812 square foot addition would be a 'teen room' providing reading/activity space and two reading/tutorial rooms. ( Conditions Proffered by the Applicant The applicant requests that the following proffer be adopted as it relates to the specified portion of Official Tax No. 4130501: 1. The subject property will be developed in substantial conformity with the development plan prepared by the Office of the City Engineer, September 20,2007, a copy of which is attached to the application ("Jackson Park Library Expansion"), subject to any changes that may be required by the City during development plan review. Members of Council Page 3 October 18, 2007 Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North IN, Institutional District Stonewall Jackson Middle School. South ROS, Recreation and Open Space Jackson Park. East RM-1, Residential Mixed Density District Single-family residences. West MX, Mixed Use District Sinqle-family residences. Compliance with the Zoninq Ordinance: As stated, a library is not permitted in the ROS District under the City's current Zoning Ordinance. ROS Districts are intended for active park and recreation lands, passive open spaces and significant natural and scenic features with construction limited to supportive functions. In order for this branch library to remain viable it must expand, which can only occur under the IN District. The proposal meets the purposes of the IN District as the existing facility is already a part of the neighborhood's fabric. All components of the Development Plan will be required to meet the regulations of the Zoning Ordinance during the comprehensive plan review process. The existing parking provided on site and the Category C Buffer Yard depicted are adequate to accommodate the proposed expansions. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The City of Roanoke has five (5) branch libraries. These have been identified as important components of neighborhoods and their maintenance and improvement is encouraged by the City's Comprehensive Plan, Vision 2001- 2020, and the Morningside/Kenwood/Riverdale Neighborhood Plan. The City's Comprehensive Plan specifically states that a strong library system must include a variety of services including community gathering space and resources for lifelong learning. Permitting the expansion of the Jackson Park Library Branch will provide the space needed for these functions. The following policies of Vision 2001-2020 are relevant in the consideration of this application: · NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play and interact in a neighborhood setting. · PE P3. Lifelong learning. Roanoke will support schools, libraries, continuing and higher education programs, community-based education, and recreation programs that foster a positive learning environment for persons of all ages. Members of Council Page 4 October 18, 2007 . PE P7. Libraries. Roanoke will support its libraries as a fundamental part of its lifelong learning system. They will function as informational and social centers that provide places for community gathering, business research, and educational activities. The library will establish strong links with schools and higher-education facilities. City Department Comments: Staff has not received any comments from other City departments on this application. Public Comments: The Planning Division received one (1) written comment from a citizen who was in support of the application. The applicant held a community meeting at Jackson Park Library on September 6, 2007. A total of six (6) people were in attendance, all in favor of the application. Comments and questions included the following: ..... 1. The attendees asked if the exterior treatment of the additions would match the existing building. The applicant stated that the exterior of all additions would be in brick but that the community room would be the only addition using the same color brick. The teen room and tower would be done in a lighter color brick to give these features prominence. 2. The attendees stated that there should be wall mounted signs identifying the library facing both Montrose Avenue and Morningside Avenue. 3. The attendees asked if any new security features would be added to the building. The applicant responded that the fire and alarm systems would be improved and that wall mounted lighting would be added. The applicant also stated that the only access into the building would be from the front and that all other doors would be for emergencies only. 4. The attendees asked if the addition of a community room to the library meant that the community room at Buena Vista would be closing. The applicant responded that the City is attempting to add community space in all new and redeveloped public facilities and that it did not signify that Buena Vista would be closing. 5. The attendees stated that a lack of parking is an issue for the library and the surrounding neighborhood when Jackson Park and Stonewall Jackson Middle School are in use. It was suggested that parking facilities be added or that events be coordinated to not overl~p. Planninq Commission Public Hearinq: During the Planning Commission's public hearing on September 20, 2007, the following issues were discussed: Members of Council Page 5 October 18, 2007 1. The applicant stated that a second amended ap'plication would be filed to address the Planning Commission's request at their September 7,2007, work session, for a sidewalk from Montrose Avenue to the Library's main entrance. 2. The applicant stated that a total of nine (9) on-street parking spaces would be added to Montrose Avenue S.E., to address concerns expressed by both citizens during the community meeting on September 6, 2007 and at the Planning Commission's work session on September 7, 2007 about insufficient parking and calming traffic. 3. The Planning Commission asked if any modification of Montrose Avenue would be required to accommodate the proposed on-street parking. The applicant responded that the width of pavement was adequate and that the only change required would be signage. 4. The Planning Commission was divided on the design of the proposed additions to the library. Some stated that the design was inappropriate and uninspiring for the neighborhood. They specifically commented that the amount of glazing on the community room addition needed to be increased. Other Commissioners stated that the contemporary treatment of the additions complemented the existing building well. r':~~;~~,'rl_l~ii,~,i "'C'Q.~.rJ..I"T"..O~A,t,,"R..E~Q,"""I.NG. Date: September 20. 2007 To: The Honorable Mayor and Members of City Council c/o Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue,S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 All submittals' riiustbetyped; include' all reqLlired documentatioTJ arid aP check fof the filing fee. Application is hereby submitted for conditional rezoning for the property located at: Property Address(es): 1030 Mo.rningside Street. SE Official Tax No(s): 4130501 Existing Zoning: ROS Requested Conditional Zoning: IN Proposed Land Use: Public Library (rezo.ning being requested to. permit expansio.n o.f existing building). Name of Appli~al1t1Conta~t Person: City' of Roanoke/Charles, Anders()rl. Architect II , , .- . -., '. Mailing Address:' <Jff:iceo.f CitY'Erigine~r. 215. Church Avenue, SW ; Suite 350 'Ro.anoke, Virginia 2z.01 L E-mail: .go.v Property Owner's Name: City of, Ro.ano.ke/~arlene' L. Burcham, CityManager Mailing Address:... City Manager, 2.15 Chur,ch Avenue, SW ,Suti,e 364 .".'.Ro.ano.ke. Virginia 24011 dafletre.burcham@roan6keva. o.v Telephone: 540F'853.;.2333 Property Own~r';~:signature: Attachment to Amended Application No.2 Conditional Rezoning Address: 1030 Morningside Street, S.E. Official Tax No.: 4130501 Existing zoning: "ROS" Requested Conditional Zoning: "IN" The City of Roanoke is making application to conditionally rezone the property identified above in order to expand the existing Jackson Park Branch Library which is located at the north corner of Jackson Park, a Southeast Roanoke neighborhood recreational facility that contains over 22-acres. The existing library, a one-story building that encompasses just over 5,450 gross square feet of floor space, was constructed circa .1967. The Phase I implementation of the "Roanoke Library Comprehensive Study" calls for expanding that facility with two small additions - one containing about 1,900 gross ~quare feet that will provide a new "community" meeting room, adjacent storage rdbm, public restrooms, and expansion of the current building's entry vestibule. The second addition, which provides some 800(::t) square feet of floor space, is primarily designed to meet the needs of teenage patrons and will contain a reading/activity space and two small reading/tutorial rooms. These additions are indicated on the attached drawings, sheets A 1.1 and A5.1 , prepared by the City's architectural consulting team, SFCS/PSA-Dewberry, dated August 13, 2007. As stated above, the library is located at the northern corner of Jackson Park. In accordance with the building code and local ordinance, the library cannot be expanded because it is located on property zoned "ROS," Recreation and Open Space, and thus must be subdivided and rezoned. Attached are copies of two site plans, one a colored rendering titled "Site Plan," prepared bySFCS/PSA- Dewberry, dated September 20,2007, the second being sheet C1 prepared by the Office of the City Engineer, titled "Jackson Park Library Expansion, Development Plan," bearing a revised date of September 20,2007, both showing the parcel to be subdivided from the larger 22-acre park site. The parcel indicated on the drawings contains approximately 1.33 acres; it will accommodate the library, access drive, parking and service areas, walks, etc. These drawings have been revised to reflect the inclusion of a new concrete walk connecting the main public sidewalk along Montrose Avenue with the existing walk that leads to the library's main entrance. This conditional rezoning request is asking that the library site be rezoned from "ROS" to "IN,"lnstitutional. The property will be developed in substantial conformity with the development plan referenced above subject to any changes that may be required by the City during development plan review. Legal Description ("Meets & Bounds") New Tract" A" City of Roanoke BEGINNING at iron pin at the intersection of the southerly right of way line of Montrose Avenue, S.E. and westerly right of way line/ of Morningside Street, S.E; I Thence with the westerly right of way line of Morningside Street, S. E. the following two coursesS 06 deg 31' 53" E, 357.73 feet to a iron pin, S 59 deg 34' 55" E, 19.74 feet to a iron pin; Thence leaving the aforesaid right of way with a new property line through the property of The City of Roanoke, the following three courses; S 30 deg 25' 05" W,33.63 feet to iron pin, S 87 deg 34' 44" W, 86.97 feet to a iron pin, N 42 deg 25' 16" W, 262.69 feet to a iron pin in the southerly right of way of Montrose Avenue, S.E.; Thence with the aforesaid right of way N 47 deg 34' 44" E 302.64 feet to the point of BEGINNING and containing 1 .333 Acres. ',,':)":>:':: .... .I.g.'t.. \!~\h'*~~E:isc' ..,.;if. .. i~~;AB*Tlo.tI~IIII~&i.'ii.~! . :':';':'--"'::-'-"., ',- .. :'.':. ".:. ,:,,,-<:,:,,:","",,-'.,,,,:::<,"".':", ",,:'...-"" ,',:"..'" -..'...',.,-.,....-.:.,.q.",':.:..,-,.,. ;:..,..'..-:.... :i<'/':~ ~--:\J: .'. . '-".., " '-" ) <,,:\-,,:: Date: September 20, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Original: Amended: xx (must attach a copy of existing proffers) Name of ApplicantlConta f Roanoke/Charles Anderson, Architect II Applicant's signature: Property Owner's Name: Property Owner's signature' Pursuant to the Section 36.2-541 (c)(1), the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property, if rezoned: The subject property will be developed in substantial conformity with the development plan prepared by the Office of the City Engineer, dated September 20, 2007, a copy of which is attached to the application ("Jackson Park Library Expansion"), subject to any changes that may be required by the City during devel()pment plan I'eview. 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MMM '9 "", . 0999'008'009 OVG e!u!OJ!^ '8)joueOl::l IInos 908 . 'oul S:HS JdS ~ ~ SNOI.LIOOIf l )I~lfd NOS)I)W N\fO}j .. nw. .I.::l3r'Otld S3.LON NYId I .0-.1 = .WI .....""" N~ HJ.~ON N""d ~ ------, 1 ~ I I I I ~CJ I bJ[') CJ []J] O. CJ. ~ . :!J [~[JOLjD.~I_~ o n~gDg ~o , iSI ~~~ [')WCJ I I I I c=:=J o c=:=J c;:EL ~~ 1 I I I I I L____~____________________----------------------------_______J ~ ~ /- I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I ,----- -I 21 Ii <!I >-1 ~ / -----< -- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I _/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I ,------ - ---, I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I .( - , ~l 21 ~I Ii >-1 ~i >-'0 >- ~~ ij~~ ~ .. g30 ~r~~ ~ ~ a; M,~~g CI1 ~~~ 1 ~~~~! u ~U &! <(<(~ ge>;z~ ID o ~Q . S:ffi ~ ~ ~ ~ \ I z o i= ~ w :oJ \ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -~-------------------------+------------------------ STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10525535 NonCE OF PUBLIC , HEARING \ \ The Council of the City of Roanoke will hold a public hearing on Thursday, October 18, 2007, at 7:00 p,m" or as soon thereafter as the matter may be heard, In the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S,W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke to rezone a portion , of 22.56 acres of land I located at 1030 Mornings/de , Street, S.E" identified by 1 Official Tax No. 4130501, from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan sh~wing two additions to the eXisting library structure. , A copy of the application is available for review in the 'Offlce of the City Clerk, Room 456 Noel C, Taylor Municipal' Building, 215 Church Avenue, S.W" Roanoke, Virginia. ' All parties in Interest and citizens may appear on the above date and be heard on , the matter. If you are a \ person with a disability who needs accommodations for this hearing, please contact I the City Cleik's Office, at 853-2541, before noon on, Monday, October 15, 2007, ' GIVEN under my hand this 28th day of September, 2007. \ . Stephanie M, Moon, CMC, \ City Clerk, , Rezoning Morningsi Sta~e 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 Virginia. Sworn and subscribed before me this _______.day of 0 to er 2007. Witness my hand and official seal. Notas;;: Public es --------l~~~~_li_. \\\\\11"",. ,\ A'" 'iliI ..,' ~~ '-"1 Y. '''" ," ~ ......... 11? "... }9::~...NOTARY "'--::~."'':,. : (jj : PUBLIC '. :. = : REG. #7090930 ~ * = = *:. Wf{ COMM,ISSION ..: ~ = -:, C' '. EXPI~ I}::;;;::: -:. 0.'. ..10- - ~.. ...... ~- ". ..' ~,~ TOTAL COST: 354. 00 ......;~O .........~"....,' F I LED ON: 10/09/07 ",,}'WEAlT\1 \)~\\" , 1IIIIUl"'" - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - -\ - - ..--:r - - - - - - - - - - - - -I -<: 1:-,- 1- ~ PUBLISHED ON: 10/02 10/09 : (10525535) ~ I__~ Billing Services lStpresentative -.J I-I I:=:' .=-:t ........ ........ -0 :::;;:: 1$- r't.J r:.:::. -.J rtf,}, or'\, q\~i\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 18, 2007, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke to rezone a portion of22.56 acres ofland located at 1030 Momingside Street, S.E., identified by Official Tax No. 413050 I, from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan showing two additions to the existing library structure. A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. lfyou are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Monday, October 15, 2007. GIVEN under my hand this 28th day of September ,2007. Stephanie M. Moon, CMC City Clerk. N-Citv - Rezone - 1030 Morninqside - Jackson Park Branch 10-18-07 Notice to Publisher: Publish in the Roanoke Times once on Tuesday, October 2,2007 and October 9,2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov q', Architectural Review Board Board of Zoning Appealsl' .t. Planning Commission CITY CLERK '(~7 AUG c.'0 Pf112G0 FROM: William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha ~Iin, Secretary, City Planning Commission TO: DATE: August 17,2007 SUBJECT: Amended Application NO.1 - City of Roanoke - Jackson Park Library, Tax No. 4130501 --i . I." , ' . Attached please find Amended Application No.1, filed on August 13, 2007. The amended application further clarifies the proffered conditions. " Charlie Anderson in the City Engineer's Office can be contacted if questions. , Thank you. If attachm~.t'/ - cc::: ~ephanie Moon, City Clerk (w/a) , iLynn DeHart, City Attorney's office Sheila Hartman, Deputy City Clerk AP.PLICATlON . . .. CONDITIONAL REZO-NING Date: August 13, 2007 To: The Honorable Mayor and Members of City Council c/o Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue,S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 All submittals must be typed, include all required documentation and a check for the filing fee. Application is hereby submitted for conditional rezoning for the property located at: Property Address(es): 1030 Morningside Street, SE Official Tax No(s): 4130501 Existing Zoning: ROS Requested Conditional Zoning: IN Proposed Larid Use: Public Library (rezoning,being requested to permit expansion of existing building) Name of ApplicahtlContact Person: City of Rn,qnnkP/Char'e>li1 ARQQrSoR.ArC'hiteC't' TT Mailing Address: Office of City Engineer, 215 Church Averiue SW Suite 350 Roanoke, Virginia 24011- Telephone: (540)853-2731 E-mail: charles. anderson@roanokev . gOY Applicant's signature: Property Owner'~Name: City of Roanoke/Darlene L. Burcham, City Manager Mailing Address:' City Manager, ,215 Church Avenue SW, SlIif'p 11>"- Roanoke, Virginia 24011 Telephone: (540),853-2333 .~~'enp 1/ hllrrh"Ul@roanokeva gOY Property Owner's signature: , \ Attachment to Amended Application No.1 Conditional Rezoning '" ~t, '1' ~t. Address: 1030 Morningside Street, S.E. Official Tax No.: 4130501 Existing zoning: "ROS" Requested Conditional Zoning: "IN" The City of Roanoke is making application to conditionally rezone the property identified above in order to expand the existing Jackson Park Branch Library which is located at the north corner of Jackson Park, a Southeast Roanoke neigl;1b9rhood recreational facility that contains some 22-acres. The existing library, a one-story building that encompasses just over 5,450 gross square feet lof floor space, was constructed circa 1967. The Phase I implementation of the "Roanoke Library Comprehensive Study" calls for expanding that facility with two small additions - one containing about 1,900 gross square feet that will provide a new "community" meeting room, adjacent storage room, public restrooms, and iexpansionof the current building's entry vestibule. The second addition, which provides some 800(.:!:) square feet of floor space, is primarily designed to meet the needs of teenage patrons and will contain a reading/activity space and two small reading/tutorial rooms. These additions are indicated on the attached drawings, sheets A 1.1 and A5.1, 'Prepared by the City's architectural consulting team, SFCS/PSA-Dewberry, dated August 13, 2007. As stated above, the library is located at the northern corner of Jackson Park. In accordance with the building code and local ordinance, the library cannot be ~xpanded because it is located on property zoned "ROS," Recreation and Open Space and thus must be subdivided and rezoned. The attached site plan prepared by the Office of the City Engineer, titled "Jackson Park Library Expansion, Development Plan," bearing a revised date of August 13, 2007, shows the parcel to be subdivided from the larger 22-acre park site. The parcel shown on the drawing contains approximately 1.33 acres; it will accommodate ,the library, access drive, parking and service areas, walks, etc. This conditional rezoning request is asking that the library site be rezoned from "ROS" to "IN," Institutional. The property will be developed in substantial conformity with the development plan referenced above subject to any changes that may be required by the City during development plan review. Legal Description ("Meets & Bounds") New Tract II A II City of Roanoke BEGINNING at iron pin at the intersection of the southerly right of way line of ' Montrose Avenue, S.E. and westerly right of way line of Morningside Street,S.E; Thence with the westerly right of way line of Morningside Street, S.E. the following two courses S 06deg 31' 53" E, 357.7,3 feet to a iron pin, S 59 dsg 34' 55" E, 19.74 feet to a iron pin; Thence leaving the aforesaid right of way with a new property line through the property of The City of Roanoke, the following three courses; S 30 deg 25' 05" W, 33.63 feetto iron pin; S 87 deg 34' 44" W, 86.97 feet to a iron pin, N 42 deg 25' 16" W, 262.69 feet to a iron pin in the southerly right of way of Montrose Avenue, S.E.; Thence with the aforesaid right of way N 47 deg 34' 44" E 302.64 feet to the point of BEGINNING and containing 1.333 Acres. PROFFERS CONDITIONAL REZONING . ~t. Date: August 13, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Origi~al: Amended: x (must attach a copy of existing proffers) Name of Applicant/Contact Per C.ty of Roanoke/Charles Anderson, Architect II Applicant's signature: i' Property Owner's Name: Property Owner's signature: Pursuant to the Section 36.2-541(c)(1), the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property, if rezoned: The subject property will be developed in substantial conformity with the development plan prepared by the Office of the City Engineer, dated August 13, 2007, a copy of which is attached to the application ("Jackson Park Library Expansion"), subject to any changes that may be required by the Ci~y during development plan review. 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~ ~ i ~ ~ ~_8 ~ ~ ~ ~.~ a ~ B i ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~O~~ ~~-C~oo~OOZI-OI ooWw~I->J~~~Z~-~ClwgZ~ ~~oolliW~Cl~::2:z::2:-Cl~o~~OO~LU::2:m~~IN~OO IZ~::2: ~::2:000 ~mzJ~>ffi~oo~~~z~oo~oc~~~~~o~oW~~BQo~~~oooo~Cl ~>~oo ~1-00::2: ~-OCl~OCLUZClO ClO~ZOCOI- I-O~~~::2:-Z ~>zoo~~z~~::2:~~~~::2:<(Cl-~O~N~mClLU~o~Zz~~~Ow~::2:~ ~Ow~O~-OClO~O~~~~zO~~~~W~~::2:w~w-OI~O~Cl~O OClJo::2:00::2:0~OI::2:Clmoom~::2:mmm~::2:~~~Clm~~IOOICl~~Im WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW 0000000000000000000000000000000000000000000000000000000000000000000000000000 / CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 , Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva:gov SHEILA N, HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TIREE Assistant Deputy City Clerk I October 22, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37941-101807 authorizing an agreement with Francine Barish-Stern Bray, d/b/a Creations, to lease 284 square feet of space located in the City Market Building, for an initial term of one year; beginning October 1, 2007 and extending through September 30, 2008, with two additional <:me-year options to renew; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 18, 2007, and is in full force and effect upon, its passage. Sincerely, J SMM:ew ~M. TYtOoV Stephanie M. Moon, CMC City Clerk Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Brian ~. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist f\;/r u~ IN THE COUNCIL OF THE Crry OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37941-101807. " AN ORDINANCE authorizing the lease of 284 square feet of space located within City- owned property located in the City Market Building, for an initial term of one (1) year; beginning October 1,2007 and extending through September 30,2008, with two additional one-year options to renew; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 18, 2007, pursuant to SSI5.2-1800(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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Francine Barish-Stern Bray, d/b/a Creations, for the lease of approximately 284 square feet of space located within City- owned property in the City Market Building, for retail and tutoring purposes, for an initial term of one (1) year, beginning October 1, 2007 and extending through September 30, 2008, with two additional one-year options to renew, upon certain t~rms and conditions, and as more particularly described in the City Manager's letter to this Council dated October 18, 2007. 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: ~~)n. fr;b&vJ City Clerk. o-Creations - Francine Barish-Stern Bray 10-18-07 tl 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 City Web: www,roanokeva,gov October 18, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Market Building Lease Background: The City of Roanoke owns the City Market Building located at 32 Market Square, Roanoke, Virginia 24011. Francine Barish-Stern Bray, the owner and operator of Creations, has requested a lease agreement for approximately 284 square feet to sell unique gift items, home decor and souvenirs, such as art work, photography, photo jewelry, greeting cards, magnets, inspirational cards, trophies, plaques and items all created as "Art on Gold." Ms. Bray also offers writing classes and services such as book publishing. The proposed lease agreement is for a one (1) year period, retroactive to October 1, 2007, through September 30, 2008, with the option to renew the lease for up to two additional one-year terms, upon mutual agreement of the parties. The proposed renewal agreement establishes a base rental rate of $585.04 for the next eleven months and shall be increased by three (3%) of the previous year's monthly rental. Recommended Action: Authorize the City Manager to execute a lease agreement with Francine Barish-Stern Bray d/b/a Creations, for approximately 284 square feet in Honorable Mayor and Members of City Council October 18, 2007 Page 2 the City Market Building located at 32 Market Square, Roanoke, Virginia 24011, for; a period of one (1) year, retroactive to October 1, 2007, and expiring September 30, 2008, with the option to renew for up to two ' additional one-year terms, upon mutual agreement of the parties, and to execute such other documents. Respectfully submitted, Darlene L. Burcham City Manager DLB:c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist ) CM07-00167 LEASE Bet\l\een TI-E a lY G RcmJ<E and Barish Stern Ltd., a Virginia Corporation d/b/a Creations LEASE INB< I-E,A[] f\{; P /lCE PREM SES 1ERM BASE RENr; ESCPlAll eN) CIM(J\J ,AREA ~ NfEN6NE 2 LPNlCRD CEll CAll eN) 2 1Em-JrS CEll CAll eN) 3 LEE CF PREM SES 3 EXQ,LEI \t1lY 4 ASS I CN\fNf ftN) SLBLETll f\{; 4 I M'ROJEMNTS 4 SLRREN:IR CF PREM SES 4 I t-SPEcn (J\J 4 I t-SQ, VENY CR B.AN<RLPTCY CF 1ENANr 4 TR.AN;FER CF LPNlCRD S I NfEREST 5 ESTCPPEL CERn FI CA1E 5 CW\I(E TO ll-E PREM SES 5 CEF.AlL T CF 1ENANr 6 <IN::E1\M1l (J\J 6 CINEN6NfS CF LPNlCRD 6 NJ P ,ARll\ERSH P 7 BRO<ERS crM.f SSI (J\J 7 ~CES 7 I I'N'.ALI 0 lY CF PftRTl Ql.PR PROJ1 51 eN) HA.Z.ARal.6 SLBSTftNIS INiLR.ANI SEG..RIlY a:PCbI T I N:E1\.tJ FI CAll CN CIM>L1,Al\[E WlH LAVf) ,AN) REillAll eN) FCRLM SELEcn CN,AN) GO IT CF LPW FCRIT ~ ELRE EQJ6L EM'LOr'f\,fNr CPPCR11N lY rnLG FREE \flRKPLPCE Rll..ES ,AN) REillAll eN) SI c:NU 0J6RANTY LI .ABI LIlY CF LPNl..OID TEN6NT I M'ROIEI\,fNTS BLEI N:SS ...uR MD FI CAll CN Exhi bi t A Exhi bi t B Exhi bi t C Exhi bi t D Exhi bi t E Exhi bi t F 7 7 8 9 9 10 10 10 10 10 11 11 11 11 11 11 Floor Plan Common ftr ea Floor PI an I\knu Rul es and Regul at ions Si gn Regul at ions war ant y LEA5E TH S LEA5E is ITcD.de t hi s ____day of ____________________2007 by' and bet\Aeen the a lY CF R()V\[](E (herei nafter referred to as ALandl ord@), and Barish Stern Ltd.. a Virginia Corporation. d/b/a Creations, (herei nafter referred to as "Tenant"), W Tf\ESSETI-t In consi derati on of the l11Iltual agreernmts here; nafter set forth, the pa.rti es hereto I11Ilt uall y agree as foil OJIS: 1. PREM SES Landi ord hereby' I eases to Tenant and Tenant hereby' I eases from Landi ord, for the termand upon the condi ti ons herei nafter prOlli ded, a secti on of the bui I di ng knCMll as the Roanoke 0 ty Mlrket Bui I di ng (herei n referred to as the "Bui I di ng") I ocated at 32 Mlrket Square, Stall #102, Roanoke, Vi rgi ni a 24011, as is del i neated on Exhi bi t "P\' hereto, Wli ch is hereafter referred to as the "Prenil ses." The Prenil ses consi st s of approxi ITcD.tel y 284 square feet of space. 2. TERM The term of thi s Lease shall cOl11mmce on October 1, 2oo7( "Co~nce~nt Dlte") and shall expi re at 11: 59 o'e1 ock p. m on September 30, 2008. A key w II be gi ven to Tenant upon executi on of the Lease. 3. BASE RENf: ESCftLAll eN; The base rent for the fi rst year of the term shal I be based on cost per square foot. Tenant shal I pay as base rent for the Prenilses for each ear of the Lease accordi n to the foil oN n schedul e: Per i od Per S uar e Foot I\A)nt hi Rent .Amount Mnual Rent .Amount 10/01/07 to $24.00 $568.00 10/31/07 11/01/07 to $24.72 $585.04 $7,020.48 9/30/08 I f the Col1lmmce~nt Olte is other than the fi rst dayof the month, the fi rst year of the Lease termshall be dee~d to be extended to i ncl ude such parti al month and the foil oN ng t\Ae1 ve (12) months, so as to end on the I ast day of the month. In t he event t he Co~nce~nt Dlt e is ot her than the fir st day of a cal endar mont h, the Base Rent ("Rent") (as \Aell as the Common />rea Mli ntenance Fee prOlli ded hereunder) for the porti on of the then current cal endar month shall be prorated on the basi s of a thi rty (30) day month and shall be pai d i ~di atel y upon the co~nce~nt of the Term 01 the fi rst anni versary of t he Lease, and upon each successi ve anni versary t hereaft er, the mont hi y rent for t he next t\Ae1 ve (12) mont hs shall be increased by' t hr ee per cent (3<'A of the pr evi ous year's mont hi y rent al . Rent shall be paid monthly. The first monthly pay~nt shall be ITcD.de at the ti~ of executi on of thi s Lease b{ the parti es; the second and all subsequent monthl y pay~nt s shall be ITcD.de on the fi rst day of each and every cal endar mont h duri ng the t er m lint mont hi y pay~nt of rent Wli ch i s not r ecei ved by' Landi or d by' the end of the fi fth (5th) day of the month shall be assessed a I ate charge in the amount of fi ve oercent (5~ of such total nmnthl v rpnt rnvl1lPnt _ All npl i nOllPnt of Roanoke, 111 Frankl inRoad, Sui te 200, Roanoke, Vi rgi ni a 24011, ftttenti on: o rector of Econonilc ceveloprlint, or to such other party or at such other address as Landi ord rTcB.ydesi gnate fromti rli to ti rli by wi tten noti ce to Tenant, VIi thout denamd. O1ecks shall be rTcB.de payabl e to Treasurer, 0 ty of Roanoke. 4. (D,M}.J MEA ~ NfEN6NI Tenant agrees to pay Landi ord, as addi ti onal rental, Tenant's proporti onate share of the costs ("CommDn .Area Mli ntenance Fee") of rTcB.i ntai ni ng, operati ng, repai ri ng, repl aci ng and i nsuri ng the "CommDn .Areas" defi ned herei n. The CommDn .Area Mli ntenance Fee for thi s I ease VIi II be a fl at fee charge of Two hundred fifty [hI I ars ($250.00) per rnDnth. These fees VIi II increase by three (~A per cent upon each anni ver sary of t hi s Lease. The term"CommDn .Area Mli ntenance Fee" i ncl udes all costs and expenses of every ki nd and nature paid or incurred by Landlord in operati ng, rTcB.nagi ng, equi ppi ng, pol i ci ng, light i ng, repai ri ng, repl aci ng item in the Bui I di ng and rTcB.i ntai ni ng the Bui I di ng. Such costs and expenses VIi II i ncl ude, but not be Ii nilted to, the foil oN ng: (a) utilities (electric, gas, vaste rernDVal, vater and seVIer charges, storm vater charges; i ndi vi dual telephone servi ce is speci fi call y excl uded), ( b) i nsur ance prenil um for publ i c I i abi I i ty and property darTcB.ge for the Bui I di ng( excl udi ng Tenant's Prenil ses) ( c) rTcB.i nt enance cost s of heat i ng, vent i I at i ng and ai r condi t i oni ng, (d) insect and rodent treat rlint, (e) snON and ice rernDVal, (f) electrical and pi umrn ng repai rs in the CommDn .Areas of the Bui Idi ng, ( g) rTcB.nagerlint cost sand r epai r s tot he st r uct ur e of Bui I di ng w,i ch i ncl udes roof and vall repai rs, foundati ons, spri nkl er system, uti I i ty lines, sideval ks and curbs, (h) securi ty carlira system, ( i ) light i ng, (j) sani tary control, drai nage, coil ecti on of rubbi sh and other refuse, ( k) cost s tor erlidy and/or cOrlJDl y VIi t h gOJer nrlint al and/or envi r onrlint al and hazardous vaste rTcB.tters(excl udi ng Tenant's Prenilses) (I) repai rand install ati on of equi prlint for energy savi ng or safety purposes, ( m reserves for f ut ur e rTcB.i nt enance and r epai r VIOr k (w,i ch Tenant her eby aut hori ze Landi ord to use as necessary), ( n) depr eci at i on on equi prlint and rTcB.chi nery used i n rTcB.i nt enance, cost s of personnel requi red to prOJide such services, (0) all costs and expenses associ ated VIi th Landi ord's obi i gati on to repai rand rTcB.i ntai n and such other item of cost and expense w,i ch are rei atabl e to pr oper rTcB.i nt enance of the Bui I di ng and its CommDn .Ar eas. The "CommDn .Ar eas" ar e def i ned as all ar eas and spaces i n the Bui I di ng' and equi prlint in the Bui I di ng, as further shCWl on the attached Exhi bi t B prOJi ded by Landi or d for COmmDn or j oi nt use and benef i t of t he tenant s of the Bui I di ng, t hei r erlJDloyees, agents, servants, custOrlirs and i nvi tees. The CommDn .Areas further i ncl ude, VIi thout Ii niltati on, roofs, vall s, vacant areas, fcx:x:l court, el evator( s), restroom, stai rvays, val kwlys, ranp>s, foundati ons, si gns (excl udi nq Tenant's (a) rrcake all structural and capital repairs and replace~nts to item in the Bui I di ng and tot he Common .Ar eas, as def i ned above, and to rrcai nt ai n t he Bui I di ng and its Common .Ar eas. St r uct ur al and capi tal r epai r sand replace~nts are defi ned as repai rs or replace~nts ~ich i ncl ude but are not Ii nilted to repai rs or repl ace~nts to the roof, el evators, el ectri cal VIi ring, heat i ng and ai r condi t i oni ng syst em, t oi I et s, \Mt er pi pes, gas, pi unloi ng, ot her el ect r i cal f i xt ur es and the ext er i or and i nt er i or \MIl s. Structural and capi tal repai rs to Tenant's Prenilses are speci fi call y excl uded. (b) pay for t he cost of Tenant's ut i lit i es (gas, el ect ri c, heat i ng, \Mter, telephone servi ce s peci f i call y excl uded) and allot her servi ces i dent i fi ed through use of funds fromthe Common .Area Mli ntenance Fee descri bed above. (c) prOJi de a key to Tenant upon executi on of the Lease Pgree~nt, 6. lEl'JlV'.JfS CEll (A'll c:N) Tenant, at its sol e cost and expense, agrees to prOJi de and be responsi bl e for the foil oN ng, in addi ti on to its other responsi bi I i ti es pursuant to thi s Lease. (a) Tenant shall keep and rrcai ntai n the Prenilse in good repai r, condi ti on and appearance duri ng the termof thi s Lease, ordi nary \/\ear and tear excepted, and not use any part of the Prenil ses or t he Common .Areas of the Bui I di ng in a negl i gent rrcanner. (b) Tenant shall take good care of the Prenilses, its fi xtures, and appurtenances and suffer no \Mste or i ~ury thereto, and shal I pay for al I repai rs and repl ace~nts to the Prenilses, necessi tated by Tenant's acti ons, ~ether capi tal, structural as defi ned above, or otherVli se. (c) Tenant shall surrender the Prenilses at the end of the termin as good condi t i on as Tenant obt ai ned t he sa~ at t he commmce~nt of the t er m r easonabl e \/\ear and t ear except ed. (d) Tenant shall operate its business as described in Section 70f this Lease. (e) Tenant shal I pay rent ti ~Iy as prOJided in Section 3 of this Lease. (f) Tenant shall obtai n the insurance as requi red in Secti on 29 of thi s Lease. 7. lEE CF PREM SES The Pr enil ses s hall be used for t he pur pose of conduct i ng t herei n the sal e of unique gift items. home decor and souvenirs. such as art work. photography. greeting cards. magnets. inspiration cards. trophies. plaques and items all created as Art on Gold. also. writing classes and services such as book publishing. Tenant cOJenants and agrees that at all ti ~s duri ng the term hereof, Tenant VIi II acti vel yconduct such a busi ness in the Prenilses, keep the Prenilses anp>ly stocked Vlith good and fresh ~rchandise and keep the Prenilses open for busi ness duri ng the custorrcary busi ness hours of 10: 00 a. m to 6: 00 p. m (not I ess than ei ght (8) hours per day, I\A)nday through Saturday) of the Bui Idi ng as establ i shed or as rrcay be a~nded by Landlord and (i i) the Prenilses 8. EXQL.6I \illY Intentionallyomitted. 9. ASSI (N\,{Nf ftN) SLBLITn f\L Tenant shall not vol untari I y or i nvol untari I y assi gn t hi s Lease in \/\hol e or i n part, nor subl et all or any part of the Prenil ses Vlithout foil oN ng the procedures detai I ed herei nand obtaini ng the pri or wi tten consent of Landi ord, in Landi ord's sol e di screti on. The consent Of Landi ord to any assi gnmnt or subl etti ng shall not consti tute a \Mi ver of the necessi ty for such consent in any subsequent assi gnmnt or subl ett i ng. I n the event that Tenant recei ves a bona fi de wi tten offer froma thi rd party for the subl ease or assi gnmnt of the Prenilses, Tenant shall forthVli th noti fy Landi ord in wi ti ng, attachi ng a coPY' of such offer, of Tenant's desi re to subl et or assi gn thi s Lease upon the term of such offer, \/\hereupon Landi ord shall have thi rty (30) days to accept or rej ect such assi gnmnt or subl ease. 10. I M'RO/EMNfS Landi ord must approve all al terati ons, redecorati ons, or i rlJDrovemnts in and to the Prenilses in wi ti ng beforehand. Such al terati ons, redecorati ons, addi ti ons, or i rlJDrovemnts shall conform to all appl i cabl e Bui I di ng Codes of the 0 ty of Roanoke, federal and state law;, rul es and r egul at ions. 11. SlRREN::ER IT PREM SES .At the expi rat i on of the tenancy her eOf cr eat ed, Tenant shall peaceabl y surrender the Prenilses, i ncl udi ng all al terati ons, addi ti ons, i rlJDrovemnts, decorati ons and repai rs nade thereto (but excl udi ng all trade fi xtures, equi pmnt, si gns and other personal property install ed Of Tenant, provi ded that in no event shall Tenant rernove any of the foil oN ng nateri al s or equi pmnt VIi thout Landi ord's pri or wi tten consent: any free standi ng si gns, any pc:Mer VIi ri ng or pc:Mer panel s; light i ng or light i ng fi xt ures; \MIl coveri ngs; dr apes, bl i nds or ot her VIi ndON cover i ngs; car pet s or ot her floor cover i ngs; or other si nil I ar bui I di ng operati ng equi pmnt and decorati ons), broomcl eaned and in good condi ti on and repai r, reasonabl e \/\ear and tear excepted. Tenant shall remove al I its property not requi red to be surrendered to Landlord before surrenderi ng the Prenilses and shall repai r any danage to the Prenilses caused thereOf. ftrr.t personal property renai ni ng i n the Prenil ses at the expi rat i on of t he Lease shall be deemd abandoned Of Tenant, and Landi ord nay cI ai m t he sam and shall i n no ci rcumtance have any Ii abi I i ty to Tenant therefore. If physi cal al terati ons \/\ere done Of Tenant, Landi ord, at its opti on, nay requi re Tenant to return Prenilses to its ori gi nal condi t ion (condi t i on at occupancy) \/\hen Tenant vacates Prenil ses. LPon ternilnation, Tenant shall also surrender all keys for the Prenilses to Landi ord and, if appl i cabl e, i nformLandl ord of any conloi nati ons of locks or safes in the Prenilses. I f the Prenilses are not surrendered at the end of the termas herei n above set out, Tenant shal I i ndenmify Landlord agai nst loss or I iabi I ity resul ti ng fromdel ay Of Tenant in so surrenderi ng the Prenilses, i ncl udi ng VIi thout Ii niltati on, cI ai m nade Of the succeedi ng Tenant founded on such del ay. Tenant's obligation to observe or performthis covenant shall survive the expiration or ot her ternil nat i on of the termof t hi s Lease. 12. INiPEcnCN Tenant Vlill pernilt Landlord, or its representative, to enter the Prenilses, upon reasonabl e noti ce to Tenant, VIi thout charge thereof to Landi ord and VIi t hout di nil nut i on of t he rent payabl e Of Tenant, to exanil ne, inspect appoi nted, or Tenant fi I es a vol untary peti ti on in any bankruptcy _or i hsol vency proceedi ng, or an i nvol untary peti ti on in any bankruptcy or i nsol vency proceedi ng is fi led agai nst Tenant and the sarn2 is not di scharged VIi t hi n si xty (60) days, or Tenant is adj udi cated as bankrupt, Landi ord shall have the opti on of ternilnati ng thi s Lease. LPon such wi tten noti ce bei ng gi ven by Landi ord to Tenant, the term of t hi s Lease s hall, at t he opt i on of Landi or d, end and Landi or d s hall be ent i tied to in1lltdiate possession of the Prenilses and to recover dana.ges fromTenant in accordance VIi t h the provi si ons of Nt i cI e 17 hereof. 14. TR.AN;FER Cf LAN1..CRDS I NTEREST Landi ord shall have the ri ght to convey, transfer or assi gn, by sal e or otherVli se, all or any part of its CMrlershi p interest in the property, i ncl udi ng the Prenilses, at any ti rn2 and fromti rn2 to ti rn2 and to any person, suQj ect to the term and condi ti ons of thi s Lease. All covenant s and obi i gat ions of Landi ord under t hi s Lease shall cease upon the executi on of such conveyance, transfer or assi gnrn2nt, but such covenants and obi i gat ions shall r un VIi t h t he I and and 5 hall be bi ndi ng upon t he subs equent CMrler( s) thereof or of thi s Lease duri ng the peri ods of thei r CMrlershi p thereof. 15. ESTCPPEL CERll FI CA1E Tenant agrees, at any t i rn2, and fromt i rn2 to ti rn2, upon not I ess than ten (10) days' pri or noti ce by Landi ord, to execute, ackncMI edge and del i ver to Landi ord, a statern2nt in wi ti ng addressed to Landi ord or other party desi gnated by Landi ord certi fyi ng that thi s Lease is in full force and ef f ect (or, i f t her e have been nmdi f i cat ions, that the sarn2 i sin full for ce and effect as nmdi fi ed and stati ng the nmdi fi cati ons), stati ng the actual con1lltncern2nt and expi rat i on dat es of t he Lease, st at i ng the dat es to \/\hi ch rent, and other charges, if any, have been pai d, that the Prenilses have been conp>1 eted on or before the date of such certi fi cate and that all condi ti ons precedent to the Lease taki ng effect have been carri ed out, that Tenant has accepted possessi on, that the Lease term has cOn1lltnced, Tenant is occupyi ng the Prenilses and is open for busi ness, and stati ng \/\hether or not there exi sts any defaul t by ei ther party contai ned in thi s Lease, and if so speci fyi ng each such defaul t of \/\hi ch the si gner na.y have knOJll edge and the cI ai m or off set s, if any, cI ai rn2d by Tenant; it bei ng intended t hat any such statern2nt del i vered pursuant hereto na.y be rei i ed upon by Landi ord or a purchaser of Landi ord's interest and by any nmrtgagee or prospecti ve IllDrtgage of any IllDrtgage affecti ng the Prenilses. I f Tenant does not del i ver such statern2nt to Landi ord VIi thi n such ten (10) day peri od, Landi ord na.y concl usi vel y preSUrn2 and rei y upon the foil oN ng facts: (i) that the term and provi si ons of thi s Lease have not been changed except as otherVli se represented by Landi or d; (i i) that t hi s Lease has not been cancel ed or t er nil nat ed except as otherVlise represented by Landlord; (iii) that not IllDre than one (1) nmnth's nil ni nDJmrent or ot her charges have been pai din advance; and (i v) t hat Landi ord is not in defaul t under the Lease; and (v) no di sputes exi st. I n such event Tenant shall be estopped fromdenyi ng the truth of such facts. Tenant shall al so, on ten (10) days' witt en not ice, pr ovi de an agr eern2nt i n favor of and i n the for m custona.rily used by such encunforance holder, by the term of \/\hich Tenant Vlill agree to gi ve prorlJDt wi tten noti ce to any such encunforance hol der in the event of any cas ual t y dana.ge tot he Pr enil ses or i n t he event of any def aul t on t he par t of Landi ord under thi s Lease, and VIi II agree to all ON such encunforance hol der a reasonabl e I ength of ti m! after noti ce to cure or cause the curi ng of such defaul t before exercising Tenant's right of self-help under this Lease, if any, or t er nil nat i ng or decl ar i ng a def aul t under t hi s Lease. days fromthe date of such dalTcB.ge, Landi ord or Tenant, upon wi tten noti ce to the other,' lTcB.y ternilnate thi s Lease, in w,i ch event the rent shall be apporti oned and pai d to the date of such dalTcB.ge. DJri ng the peri ad that Tenant is depri ved of the use of the dalTcB.ged porti on of Prenilses, Tenant shall be requi red to pay rental cOl/eri ng onl y that part of the Prenilses that Tenant is abl e to occupy', and Rent for such occupi ed space shall be the total rent di vi ded lJ{ the square foot area of the Prenilses and mul ti pi i ed lJ{ the square foot area that the Tenant is abl e to occupy'. 17. EEF.AU..T CF lEN6Nf I f Tenant shall fai I to pay any monthl y i nstall ~nt of Rent and/or as requi red lJ{ thi s Lease, or shall vi 01 ate or fai I to performany of t he ot her condi t ions, cOl/enant s or agr ee~nt on its par t cont ai ned i n t hi s Lease and such fai I ure to pay Rent or such vi 01 ati on or fai I ure shall conti nue for a peri ad of ten (10) days after the due date of such pay~nt or after wi tten not i ce of any such vi 01 at i on or f ai lure to perf or m lJ{ Tenant, t hen and i n any of such events thi s Lease shall, at the opti on of Landi ord, cease and ternilnate upon at I east ten (10) days' pri or wi tten noti ce of such el ecti on to Tenant lJ{ Landi ord, and if such fai I ure to pay rent or such vi 01 ati on or fai I ure shall cont i nue to t he date set fort h in such not ice of ternil nat ion, then t hi s Lease s hall cease and t er nil nat e w t hout f urt her not i ce to qui t or of Landi or d' s i ntenti on to re-enter, the sa~ bei ng herelJ{ VlB.i ved, and Landi ord lTcB.y proceed to recOl/er possessi on under and lJ{ vi rt ue of the prOl/i si ons of t he I aw; of Vi rgi ni a, or lJ{ such ot her proceedi ngs, i ncl udi ng re~ ent ry and possessi on, as lTcB.y be applicable. If Landlord elects to ternilnate this Lease, everything herein contai ned on the part of Landi ord to be done and perfor~d shall cease w thout prej udi ce, hOllever, to the ri ght of Landi ord to recOl/er fromthe Tenant all rental accrued up to the ti ~ of ternilnati on or recOl/ery of possessi on lJ{ Landi ord, w,i chever i s I at er. Shoul d t hi s Lease be t er nil nat ed bef or e the expi rat i on of the termof thi s Lease lJ{ reason of Tenant's defaul t as herei nabove prOl/i ded, or if Tenant shall abandon or vacate the Prenilses before the expi rati on or ternilnati on of the term of this Lease, Landlord shall use its best efforts to relet the Prenilses on the best rental term reasonabl y avai I abl e under the ci rcumtances and if the full rental herei nabove prOl/i ded shall not be real i zed lJ{ Landi ord, Tenant shall be Ii abl e for any defi ci ency in rent. ftrr.t dalTcB.ge or loss of rental sust ai ned lJ{ Landi ord lTcB.y be recOl/ered lJ{ Landi ord, at Landi ord' s opt i on, at the ti~ of the reletting, or in separate actions fromti~ to ti~, as such dalTcB.ge shal I have been ITcB.de more easi Iy ascertai nable lJ{ successive reletti ngs, or at Landi ord' s opti on, lTcB.y be deferred unti I the expi rati on of the termof thi s Lease in w,i ch event the cause of acti on shall not be dee~d to have accrued unti I the date of expi rati on of such term The prOl/i si ons contai ned in thi s paragraph shall not prohi bi t any cI ai mLandl ord lTcB.y have agai nst Tenant for anti ci patory breach of the unexpi red termof thi s Lease. 18. CIN:E1\.NI\11 CN I f any par t of t he Bui I di ng or a subs t ant i al par t of the Prenilses shall be taken or condenmed lJ{ any gOl/ern~ntal authori ty for any publ i c or quasi - publ i c use or purpose (i ncl udi ng sal e under threat of such a taki ng) then the termof thi s Lease shall cease and ternilnate as of the date w,en ti tl e vests in such gOl/ern~ntal authori ty, and the annual rental shall be abated on the date w,en such ti tl e vests in such gOl/ern~ntal authori ty. I f I ess than a substanti al part of the cOl1ll1lDn area of the Prenilses is taken or condenmed lJ{ any gOl/ern~ntal authori ty for any publ i c or quasi - publ i c use or purpose, the rent than fi fty percent (5(J>A of the Prenil ses are unusabl e I:'{ Tenant. 19. CDlENANTS cr L..PNl..CRD Landi or d covenant s that i t has the right to nake this Lease for the term aforesai d, and that if Tenant shall pay the Rent and performall of the covenants, ternJ and condi ti ons of thi s Lease to be perfor~d I:'{ Tenant, Tenant shall, duri ng the term herel:'{ created, freel y, peaceabl y and qui etl y occup/ and enj Of the full possessi on of the Prenilses VIi thout mol estati on or hi ndrance I:'{ Landi ord or any party cI ai nilng through or under Landi ord. 20. [\[) P,ARll\ERSH P N:>thi ng contai ned in thi s Lease ,shall be dee~d or construed to create a partnershi p or j oi nt venture of or betVleen the Landi ord and Tenant, or to create any other rei ati onshi p betVleen the parti es hereto other than t hat of Landi ord and Tenant. 21. BRCJ<ER'S cn,uSSICN Tenant represents andVlB.rrants that it has incurred no cI ai nJ or fi nder's fees in connecti on VIi th the executi on of thi s Lease. 22. f\Dfl CES All not ices or ot her communi cat ions her eunder s hall be i n vwiti ng and shal I be dee~d duly given if del ivered in person or I:'{ certified or regi stered nai I ,return recei pt requested, fi rst-c1 ass postage prepai d, (i) if to Landi ord at 0 ty of Roanoke, 111 Frankl inRoad, Sui te 200, Roanoke, Vi rgi ni a 24011, ftttenti on: D rector of Econonilc, and (i i) if to Tenant, at P.O. Box 83. Troutville. VA 24175, unl ess noti ce of a change of address is gi ven pursuant to the provi si ons of t hi s Nt i cI e. 23. 1-0..0 f\L O/ER I n the event that Tenant shall not i ~di atel y surrender the Prenilses on the date of expi rati on of the term hereof, Lease shall autonati call y renew i tsel f month to month, at tVli ce the Rent rate for the last year of the Lease pi us all other charges accrui ng under thi s Lease, and suQj ect to all covenants, provi si ons and condi ti ons herei n contai ned. Landi ord and tenant shall bot h have the ri ght to ternil nate the hol dover tenancy upon t hi rty (30) days vwi tten not ice. Tenant shall not interpose any countercl ai ~ s) in a sunmary proceedi ng or ot her act i on based on hol dover. 24. BEN:FI T ftN) BL.RCEN The provi si ons of t hi s Lease shall be bi ndi ng upon, and shall inure to the benefi t of, the parti es hereto and each of thei r respecti ve representati ves, successors and assi gns. 25. CE~R ftN) N..MER Fenilni ne or neuter pronouns shall be substi tuted for t hos e of t he nas c ul i ne for rl',l and t he pi ur al s hall be subs tit ut ed for t he s i ngul ar nunfDer, in any pi ace or pi aces herei'n in \/\hi ch the context nay requi re such substi tuti on. ' 26. ENTl RE /lffiEEMNf Thi s Lease, t oget her VIi t h any exhi bi t s at t ached her et 0, cont ai ns and enloocli es t he ent ire agr ee~nt of t he part i es her et 0, and representati ons, i nduce~nts or agree~nts, oral or otherVli se, betVleen the parti es not cont ai ned i n t hi s Lease and exhi bi t s, s hall not be of' any for ce or ef f ect . Thi s Lease nay not be modi fi ed, changed or ternil nated in \/\hol e or in part in any nanner other than I:'{ an agree~nt in vwi ti ng dul y si gned I:'{ both parti es hereto. 27. I NJAl...1 0 lY cr PAIUl G..lAA PROJI SI eN) I f any provi si on of t hi s Lease or Tenant's use of Prenilses and any al terati ons thereto w II at all ti ~s contDl Y w th and conf or m to all I aw;, st at ues, or di nances, r ul es and r egul at ions of any govern~ntal, quasi - govern~ntal or regul atory authori ti es ("Law;") Vlhi ch rei ate to the transportation, storage, place~nt handling, treat~nt, discharge, generati on, rentDVal producti on or di sposal (coil ecti vel y "Treat~nt") of any \M.ste petroleumproduct, \M.ste products, radioactive \M.ste, Polychlorinated Biphenyls (PCB), asbestos, I ead- based pai nt, or other hazardous I1ilteri al s of any ki nd, and any substance Vlhi ch is regul atedby any I a~ statute, ordi nance, rul e or regul at i on (coil ect i vel y "Yast e"). Tenant f urt her covenant sand \M.r rant s that it w II not engage in or pernilt any person or enti ty to engage in any Treat~nt of any Yaste on or Vlhi ch affects the Prenilses. I ~di ately upon recei pt of any N:>ti ce (as herei nafter defi ned) fromany person or enti ty, Tenant shall del i ver to Landi ord a true, correct and contDl ete copy of any witten N:>tice. "N:>tice" shall ~an any note, notice or report of any suit, proceedi ngs, i nvesti gati on, order, consent order, i nj uncti on, wi t, a\M.rd or acti on rei ated to or affecti ng or i ndi cati ng the Treat~nt of any Yaste in or affect i ng the Prenil ses. Tenant hereby agrees it w II i ndenmi fy,' defend, save and hol d harnhess Landi ord and Landlord's officers, di rectors, shareholders, entD1ayees, agents, partners, and the respective heirs, successors and assigns (collectively "I ndenmified Parties") agai nst and frorT,l and to rei n1Durse the I ndenmi fi ed Parti es w th respect to, any and all dal1ilges, cI ai 1'5, Ii abi lit i es, loss, cost s and expense (i ncl udi ng, w t hout Ii niltati on all attorney's fees and expenses, court costs, adnilni strati ve costs and costs of appeals), incurred by or asserted against the Indenmified Parties by reason of or ari si ng out of: (a) the breach of any representati on or undertaki ng of Tenant under thi s secti on or (b) ari si ng out of the Treat~nt of any \M.ste by Tenant or any licensee, concessi onai re, I1ilnager or at her party occupyi ng or usi ng the Prenil ses. Landi ord i s gi ven the right, but not t he obi i gat ion, to inspect and moni tor the Prenilses and Tenant's use of the Prenilses, i ncl udi ng the ri ght to revi ewpaperVlDrk associ ated w th Treat~nt acti vi ti es in order to confi rmTenant's COntDl i ance w th the term of thi s Secti on. Landi ord I1ilY requi re that Tenant del i ver to Landi ord concurrent w th Tenant's vacati ng the Prenilses upon the expi rati on of thi s Lease, or any ear I i er vacat i on of the Pr enil ses by Tenant, at Tenant's expense, a cert i f i ed st at e~nt by licensed engi neer s sat i sf act ory tot he Landi or d, i n for m and substance sati sfactory to Landi ord, stati ng that Tenant, and any al terati ons thereto and Tenant's use of the Prenilses COntDl i ed and confor~d to all Law; rei ati ng to the Treat~nt of any Yaste in or affecti ng the Prenilses. . Tenant agrees to del i ver upon request from Landi ord estoppel certi fi cates to Landi ord expressl y st i pul at i ng Vlhet her Tenant is engaged in or has engaged i n the Treat~nt of any Yaste in or affecti ng the Prenilses, and Vlhether Tenant has caused any spi II, contanilnati on, di scharge, I eakage, rei ease or escape of any Yaste in or affecti ng the Prenilses, ,Vlhether sudden or gradual, acci dental or anti ci pated, or any other nature at or affecti ng the Prenilses and Vlhether, to the best of the Tenant's kncMI edge, such an occurrence has ot herw se occurred at or affect i ng the Prenil sese par agr aph. Tenant VIi II, at all ti ~s conmnci ng on the date of del i very of possessi on of the Pr enil ses to Tenant, at its CMll cost and expense, car ry VIi t h a contoany or contoanies, satisfactory to Landlord, co~rehensive general I iabi I ity insurance including public liability and property dallClge, in a form satisfactory to Landi ord, on the Prenil ses, VIi t h the contoi ned si ngl e I i abi I i ty I i nil t s of not less than Ole Mil ion D:>II ars ($1,000,000.00) per occurrence, w,i ch insurance shall be wi tten or endorsed so as to protect Landi ord, its offi cers, agents and e~1 ayees as addi t i onal insureds. The Tenant agrees that t he above st at ed I i nil t sand coverages are nilni mum I i nilts and coverages, and that Tenant shall provi de such additional insurance as set forth above, in such anmunts and agai nst such risk as llCly be requi red in the Landi ord's sol e but reasonabl e j udg~nt, to equal the anmunts and types of coverages carri ed l:1y prudent CMllers and operators of properti es si nil I ar to the Bui I di ng. Tenant shall increase such Ii, nilts at its di screti on or upon reasonabl e request of Landi ord but not nmre often than once every year and such increases shall not be in excess of general I y accepted standards in the industry. Tenant covenants that certi fi cates of all of the i ns ur ance pol i ci es r equi red under t hi s Lease, and t hei r r eneWl.1 or r epl ace~nt , s hall be del i ver ed to Landi or d pr on)Dt I y VIi t hout dellClnd upon t he conmnce~nt of the termof this Lease and upon each reneWl.1 of the insurance. Such policy or pol i ci es shall al so provi de that it shall not be cancel I ed nor shall there l:1y any change i n t he scope or anmunt of cover age of t he pol i cy VIi t hout t hi rty (30) days pri or wi tten noti ce to Landi ord. I f sa~ is not provi ded VIi th ten (10) days after dellClnd, Landi ord is authori zed to secure such pol icy fromsuch contoani es as it deem appropri ate and coil ect from Tenant in such a IlClnner as it deem appropri ate t he cost of the prenil um 30. SEQRllY EEPa;1 T ( a) A\O..NT a= EEPCbI T Tenant VIi II depos ita s umequal tot he anmunt of the rent i n t he last nmnt h of t he Lease VIi t h t he Landi ord before the conmnce~nt of t hi s Lease. Such deposi t shall be hel d l:1y Landi ord, VIi t hout Ii abi Ii ty for interest, as securi ty for the fai thful perforllClnce l:1y Tenant of all of the t er m, covenant sand condi t ions of t he Lease l:1y Tenant to be kept and perfor~d duri ng the termhereof. I f at any ti ~ duri ng the term of t hi s Lease any of t he rent herei n reserved shall be overdue and unpai d, or any ot her sum payabl e l:1y Tenant to Landi or d her eunder s hall be over due and, unpai d, t he Landi or d llCly, at t he opt i on of Landi or d, appr opr i at e and appl y any port i on of such deposi t to t he pay~nt of any such overdue rent or ot her sum ( b) LEE ,AN) RETlRN a= EEPCbI Tin t he event of the f ai I ur e of Tenant to keep and performany of the term, covenants, and condi ti ons of thi s Lease to be kept and perfor~d l:1y Tenant, then the Landi ord at its opti on llCly appropri ate and appl y the enti re such deposi t, or so much thereof as llCly be necessary, to cOnpJensate the Landi ord for loss of dallClge sustai ned or suffered l:1y Landi ord due to such breach on the part of Tenant. Shoul d the enti re deposi t, or any porti on thereof, be appropri ated and appl i ed b{ Landi ord for the pay~nt of overdue rent or other sum due and payabl e to Landi ord l:1y Tenant hereunder, then Tenant shall, upon the wi tten dellClnd of . .. .. .. . - . upon t he ear I i er t er nil nat i on of t hi s Lease. 31. I NII\,N FI CAl1 CN Tenant agrees to save and to protect, i ndenmi fy and hol d Landi ord harnhess from and agai nst and to rei nIourse Landi ord from any and all Ii abi I i ti es, daITclges, costs, expenses, i ncl udi ng, VIi thout Ii niltati on, reasonabl e att or neys' fees, causes of act ion, sui t s, cI ai m, deITclnds, or j udgrnmt s of any nature \/\hatsoever arising from injury to or death of persons or daITclges to property resul t i ng from Tenant's use of the Prenil ses caused b{ any act or onilssi on, \/\hether i ntenti onal or otherVli se, of Tenant or its ellJDloyees, servants, cont r act or s or agent s. 32. CIM'L1 ftNI WlH L..AVf) ,AN) REQlAl1 eN) Tenant agrees to and VIi II c01lJD1 y VIi t hall appl i cabl e f eder ai, st at e and local I aWl, or di nances and r egul at ions. Tenant ackncMI edges and agrees that it VIi II di spose of trash and grease in the contai ners desi gnated b{ the Landi ord for such di sposal and not di spose of such subst ances i n a ITclnner that VlDul d vi 01 at e appl i cabl e f eder ai, st at e and local I aWl, or di nances or r egul at ions. 33. FCRLM SELEcn CN,AN) GO IT CF l.AN By vi rtue of enteri ng into thi s Lease, Tenant subnilts i tsel f to a court of conp>etent juri sdi cti on in the 0 ty of Roanoke, , Vi rgi ni a, and further agrees that thi s Lease is control I ed b{ the I aWl of the CommDrMeal t h of Vi r gi ni a and t hat all cI ai m, di s put es, and ot her ITcltt er s shall onl y be deci ded b{ s uc h cour t accor di ng tot he I aWl of t he CommDrMeal t h of Vi rgi ni a. 34. FCRIT ~ ELRE I n the event that ei ther party hereto shall be del ayed or hi ndered in or prevented from the perforITclnce of any act requi red hereunder b{ reason of stri kes, lockouts, labor troubl es, i nabi I i ty to procure ITclteri al s, f ai I ure of pcMer, rest r i ct i ve gover n~nt al I aWl or regul at ions, riot s, i nsur rect ion, \l\B.r, or ot her reason of a like nat ure not the f aul t of t he party del ayed in perfornilng the VlDrk or doi ng acts requi red under the term of thi s Lease, then the ti ~ all OI'Ied for perforITclnce for such act shall be extended b{ a peri ad equi val ent to the peri ad of such del ay. The provi si ons of thi s Secti on shall not operate to excuse Tenant fromthe pronp>t pay~nt of rent, CommDn .Area Mli nt enance Fee or any ot her pay~nt s r equi red b{ the t er m of t hi s Lease. 35. EQJAl EM'LQr'r\,fNr CPPCRTLNlY: OJri ng the perforITclnce of thi s Pgree~nt, Tenant agrees as foil OM: ( a) Tenant VIi II not di scr i nil nat e agai nst any ellJDl oyee or appl i cant for ellJDl oy~nt because of race, rei i gi on, color, sex, nat i onal or i gi n, age, di sabi I i ty, or any other basi s prohi bi ted b{ state I aw rei ati ng to di scr i nil nat i on i n enpll oy~nt, except \/\her ether e i s a bona fide occupat i onal qual i fi cati on reasonabl y necessary to the norITclI operati on of its busi ness. Tenant agrees to post in conspi cuous pi aces, avai I abl e to ellJDloyees and appl i cants for ellJDl oy~nt, noti ces setti ng forth the provi si ons of thi s nondi scr i nil nat i on cI ause. ( b) Tenant, i n all sol i ci tat ions or advert i se~nt s for ellJDl oyees pi aced by or on behal f of Tenant, VIi II state that Tenant is an equal opportuni ty ellJDloyer. (a) DJr i ng t he perf or namce of t hi s /lgreel1tnt, Tenant agrees to (i) provi de a drug- free W)rkpl ace for its ellJDl ayees; (i i) post in conspi cuous pi aces, avai I abl e to ellJDl ayees and appl i cant s for ellJDl ayl1tnt, a st at el1tnt not i f yi ng ellJDl ayees that the unl aw ul ITcII.nuf act ur e, sal e, di str i but ion, di s pe ns at ion, possessi on, or use of a control I ed substance or ITcII.rij uana is prohi bi ted in the W)rkpl ace and speci fyi ng the acti ons that VIi II be taken agai nst ellJDl ayees for vi 01 ati ons of such prohi bi ti on; (i i i) state in all sol i ci tat ions or advert i sel1tnt s for ellJDl ayees pi aced b{ or on behal f of Tenant that Tenant lTcII.i ntai ns a drug-free W)rkpl ace; and (i v) i ncl ude the provi sions of the foregoi ng clauses in every subcontract or purchase order of over $10,000, so that the provi si ons VIi II be bi ndi ng upon each s ubcont r act or or vendor. (b) For the purposes of this section, "drug-freeW)rkplace" l1tans asitefor the perforlTcll.nce of W)rk done in connecti on VIi th a speci fi c contract aVlB.rded to a cont r act aVlB.r ded to a cont r act or, t he ellJDl ayees of Vlhom ar e pr ohi bi t ed f r omengagi ng i n the unl aw ul ITcII.nuf act ur e, sal e, di st r i but ion, di s pe ns at ion, possessi on or use of any control I ed substance or ITcII.rij uana duri ng the per f or ITcII.l1ce of t he /lgr eel1tnt. 37. RLlES ftN) REa..LAll (}J; Tenant agrees to c01lJD1 y and adhere to Landi ord's rul es and regul ati ons concerni ng the Bui I di ng as stated in the attached Exhi bi t "D' attached hereto and ITcII.de part of thi s Lease 38. SI CJ..J.X:E Tenant agrees to c01lJD1 y and adhere to Landi ord's regul ati ons concerni ng si gnage as stated in the attached Exhi bi t "E" attached hereto and ITcII.de part of t hi s Lease. 39. QJARANTY By vi rtue of enteri ng into thi s Lease, Tenant agrees to have executed the waranty contai ned in Exhi bi t "F" attached hereto and ITcII.de part of thi s Lease. Such warantor( s) shall fi rst be approved b{ Landi ord in wi ti ng. Tenant agrees to provi de i nforlTcll.ti on concerni ng warantor( s) to Landi ord upon request. 40. LI .ABI LIlY CF LANlCRD Landi ord shall not be I i abl e to Tenant, its ellJDl ayees, agents, busi ness i nvi tees, licensees, custol1trs, cI i ents, fanill y I1tnlDers, guests or trespassers fromany dalTcll.ge, cOrlJDensati on or cI ai mari si ng from the necessi ty of repai ri ng any porti on of the Bui I di ng, the interrupti on in the use of the Prenilses,acci dent or dalTcll.ge resul ti ng from the use or operati on (Landi ord, Tenant, or any other person or persons Vlhatsoever) of el evators, or heat i ng, cool i ng, el ect r i calor pi unloi ng equi pl1tnt or appar at us, or t he ternil nat i on of t hi s Lease b{ reason of the dest ruct i on of the Prenil ses, or from any fi re, robbery, theft, and/or any ot her casual ty, or from any leakage in any part or port i on of the Prenil ses or the Bui I di ng, or f romVlB.t er, r ai n or snCMI that lTcII.y leak into, or fl CMI frorT,1 any part of the Prenilses or the Bui I di ng, or from dr ai ns, pi pes or pi unloi ng W)r kin t he Bui I di ng, or from any ot her cause Vlhatsoever. Pny goods, property or personal effects, stored or pi aced b{ Tenant i n or about the Prenil ses or Bui I di ng, shall be at the risk of Tenant, and Landi ord shall not in any ITcII.nner be hel d responsi bl e therefore. The ellJDl ayees of Landi ord are prohi bi ted from recei vi ng any packages or other arti cI es del i vered to the Buildina for Tenant. and if anv such enmlOllee rpcpivpc;; r1nv c;;lJch rnckrlnp or 42. BU;I f\ESS I-QR MD FI CAll Q\J Landi ord hereby' grants to Tenant an exenpJti on of busi ness hours for a peri ad of tvlD Vl.eeks for Tenant to take vacati on. Tenant shall noti fy Landi ord several Vl.eeks pri or to taki ng thi s vacati on of thi s i ntenti on to cI ose the busi ness, and Tenant shall post a publ i c noti ce VIi th a professi onal qual i ty si gn noti fyi ng custo~rs of thi s absence and return date. \fitness Si gnature \fitness Pri nted Ni~ \fit ness Si gnat ure \fit ness Pri nted Ni~ L.PNl..CRD OlY CF R~ By: Pri nt Ni~: Dlrl ene Burcham 1i tie: 0 ty Mlnager \fitness Si gnature 1EN6Nf: \fit ness Pri nted Ni~ \fitness Si gnature \fitness Pri nted Ni~ By: Pri nt Ni~: Francine Barish-Stern Bray 1i tie: President. Owner SS#. EXHIBIT A FLCIR PLAN EXHIBIT B A CI:M.{N ,AREA5- FLCIR PLAN ,Attach here EXHIBIT C I\,{NJ ,Attach here if Food Court Tenant Intentionally Omitted EXHIBIT D RLlES PN) REillAll eN; 1. ftJ I trash must be kept in a cOJered contai ner, or if requested Of Landi or d, i n a DmJDSt er or s i nil I ar cont ai ner fur ni shed and servi ced at Tenant's expense. 2. Tenant shall keep lights on in shON W ndCM6, I eased food court space and lights on under ITclrquee, if any, from 10: 00 a. m unti I 6: 00 p. m 3. Tenant agrees to handl e all del i veri es and refuse through the Sal em Atenue ent r ance (i f one) of the Pr enil ses. 4. N:> si gn shall be perlTclnent I y affi xed to t he pi ate gl ass of any w ndON w t hout pr i or wit t en consent of Landi or d. 5. N:> sol i ci tati on ITclteri al shal I be di spl ayed i nsi de the bui I di ng or affi xed to the exteri or of the bui I di ng. 6. Tenant shall keep Prenilse's, W ndCM6 and w ndON frarNs cI ean( i nsi de and out) at all ti rNS and V\B.sh them'^fekl y. 7. Tenant shall keep Prenilses' fl oorsfree of trash, chew ng gumand other debris, and shall scrub and ~ al I ti Ie or plastic flooring at least '^fekl y. 8. Tenant is responsi bl e for the repl acerNnt of light bul bs in its space 9. Tenant is responsi bl e for the repl acerNnt of ai r- fi I ters and the mont hi y lTcli ntenance of thei r exhaust fans in its Prenilses Of a licensed cont r act or on a bas i s pr edet er nil ned Of t he Landi or d. 10. Tenant shal I be responsi ble for breaki ng d~and havi ng al I cardboard boxes ready for pi ck up. 11. (ftppl i es onl y to Food Court Vendors) PrOJi di ng the avai I abi I i ty of space for the purpose of storage, Landi ord w II all ocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food iten$ and paper products. Iten$ must be stored in accordance w th t-eal th and Fi re codes. N:> restaurant equi prNnt (unused or in disrepai r) is to be stored in the area under any circunstances. kry prohi bi ted i ten$ stored in thi s area w II be rernuved at Tenant's expense. Tenant's not lTclintaining their ~ storage space per t-ealth and Fi re code requi rerNnts W I I be assessed a $100.00 fee per occurrence. If a Tenant's space is in vi 01 at i on more than three t i rNS in a gi ven year, Landi ord w II resci nd Tenant's opti on to use avai I abl e space. EXHIBIT E SI CN REmAll OJ N:> si gn, adverti semnt or noti ce shall be i nscri bed, pai nted, affi xed or di spl ayed on \MIl s, VIi ndCMS, or any part of t he out si de or the i nsi de of the Bui Idi ng i ncl udi ng the di rectories, in place, nunmer, size, color and style, unless approved by Landlord. If Tenant nevertheless exhi bits such sign, adverti semnt or noti ce, Landi ord shall have the ri ght to remnve the sam and Tenant shal I be I iable for any and al I expenses incurred by Landlord by such remnval. Tenant further agrees to mi ntai n such si gn, canopy', decorati on, letteri ng, adverti si ng mtter or other thi ng as my be approved in good condi t i on and repai r at all t i ms. Landi ord shall have the ri ght to prohi bi t any adverti semnt of Tenant Vlhi ch in its opi ni on tends to i np>ai r the reputati on of the Bui Idi ng or its desi rabi I ity as a high-qual ity festival mrketpace for retai I stores or food rei ated busi nesses, other i nsti tuti ons of like nature, and, upon wi tten noti ce from Landi ord, Tenant shall i ~di atel y refrai n from and disconti nue any such advertisemnt. OJARANTY PERS<:m... OJARANTEE Intentionally Omitted ~he Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - ,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - OFFICE OF ECONOMIC DEVELOPMENT III FRANKLIN PLAZA STE 200 ROANOKE VA 24011 REFERENCE: 80084300 10538233 PUBLISHED ON: 10/09 . ,\\\111''''''" \' :-( A LA Y. '" ......' ~t() .',.. '. IZ?...., '" ,,:;:.....--.. '. -7~' ~"'~~"'NO"TAp..'f ....'1- ~ ~ QJ:' PUBLIC '. ~ - . REG, #7090930 ': * :. :. *: M'< COMMISSION ::$ = :. C' ". ~P\ ...\\.: ~ ~ .. (/. . - c::) ... -=-... ~~.... ......\~ ,~... ',''70 .....,.. <~-". ... '/// IVWEA L1\-\ .\Y'",","' "1, " II! ,\,\,~' , ' r '.. NOnCE Of PUBtlC /' HEA~ING I' The City of Roanoke ,proposes to lease to ,Francine Barish-Stern Bray : 1/b/a Creations, 284 squar~ I eet of Clty.owned property l'OC!lt~d in the City Market BUilding at 32 Market Square, :Roanoke, Virginia . '24011, to b,e used for retail and tutoring purposes for a ber:n ~f one year, beginning coer 1, 2007 through September 30, 2008, with , two one-year options to I '''''' renew. :'". ./~!'t I Pursuant ,to the Ire qui r e' ni' e n t s 0 f . I ~~15.2-1800,and 1813 of I the Code of Virginia (1950) as amended, notice is gereby. given that the City ouncll o,f the, City of Roa~oke will hold a pUblic he~rrng on the above matter at Its regular meeting to be ,held on Thursday, October 18, 2007, commencing at '7:00 p.m.,' in the Council Chambers on the 4th Floor 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 I express their opinions on ,this matter, I If, you are a person with : a disability who needs aCC?mmodationsfor this hearrng, please contact the City Clerk's Office at (540) 853-2541, before 12'00 ~~,o~og~, Monday, October . GIYEN under my hand this 2nd day of October, 2007. I' Stephanie M. Moon, CMC , City Clerk I (10538233) ~ =-- --===...1 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an au thori zed repre senta t i ve 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 Virginia. Sworn and subscribed before me this _______day of Octo r 2007. Witness my hand and official seal. Notary Public ----JLD~~1~i+___. TOTAL COST: FILED ON: 180.00 10/09/07 - - -' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - Authorized~ ~ Signature'~J1__ _ Billing Services Representative .:-.. ~ ,-, r fTI :::0 r:: .. 1$' ~J, ,_, (-;. --; I-"- I-"- -0 oS? rD r",J c:o oljC 'v NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease to Francine Barish-Stem Bray, d/b/a Creations, 284 square feet of City-owned property located in the City Market Building at 32 Market Square, Roanoke, Virginia 24011, to be used for retail and tutoring purposes, for a term of one year, beginning October 1,2007 through September 30,2008, with two one-year options to renew. Pursuant to the requirements of 9915.2-1800 and 1813, of the 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 Thursday, October 18, 2007, commencing at 7:00 p.m., in the Council Chambers on the 4th Floor 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 this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Monday, October 15, 2007. ' GIVEN under my hand this 2nd day of October ,2007. Stephanie M. Moon, CMC City Clerk N-Bray, Francine Barish-Stem d/b/a Creations 10-18-07 Notice to Publisher: Publish in the Roanoke Times once on Tuesday, October 9,2007. Send affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Department of Economic Development 111 Franklin Plaza, Suite 200 Roanoke, Virginia 24011 (540) 853-2715