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Home My WebLink AboutCouncil Actions 04-07-08 MASON 38047-040708 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 7, 2008 9:00 A.M. ROOM 1 59 AGENDA Call to .Order -- Roll Call Council Member Fitzpatrick arrived late. (9: 12 a.m.) 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. Approved (6-0, Council Member Fitzpatrick was not present when the vote was recorded.) A communication from Council Member Gwen W. Mason, Vice-Chairman, City Council Personnel Committee, requesting that Council convene tn a Closed Meeting to discuss a personnel matter and the annual performance of the Council- Appointed officers, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as ame nded. Approved (6-0, Council Member Fitzpatrick was not present when the vote was recorded.) 1 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position of negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. Approved (6-0, Council Member Fitzpatrick was not present when the vote was recorded.) Items for discussion at the joint meeting of Council and the Roanoke City School Board on Monday, May 5, 2008, at 9:00 a.m. Items to be forwarded to the City Clerk or City Manager. Items listed on the 2:00 p.m. Council docket requiring discussion/clarification and additions/deletions to the 2:00 p.m. agenda. (5 minutes) NONE. Topics for discussion by the Mayor and Members of Council. (5 minutes) NONE. BRIEFINGS: . Center in the Square 30 minutes Request for funding was referred to the FY2008-2009 budget study · YMCA Expansion 20 minutes Request for funding was referred to the FY2008-2009 budget study · Trolley Update 10 minutes · Proposed Advertising Policy 1 5 minutes · Wasena Park Accessibility 20 minutes · Residential Parking Policy 1 5 minutes · Revenue Update FY08 and FY09 20 minutes THE COUNCIL MEETING WAS DECLARED IN RECESS AT 11 :50 A.M., AND RECONVENED AT 12:20 P.M., FOR A JOINT MEETING OF THE COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY IN ROOM 159, FIRST FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. AT 1: 1 5 P.M., THE COUNCIL MEETING WAS RECESSED FOR A CLOSED MEETING. AT 1 :20 P.M. THE MEETING RECONVENED AND WAS IMMEDIATELY RECESSED UNTIL 2:00 P.M., IN THE COUNCIL CHAMBER. CERTIFICATION OF CLOSED MEETING. (7-0) 2 Appointed Adam Markwood as a member of the Fair Housing Board to fill the unexpired term of Tuan Reynolds, ending March 31, 2009. Council Member Alvin L. Nash was appointed as the City's representative to the VML Policy Committee on Education and Human Development to fill the unexpired term of former Council Member Alfred T. Dowe, Jr. Council Member Alvin L. Nash was appointed to the following boards/committees to fill the unexpired term of former Council Member Alfred T. Dowe, Jr.: Legislative Committee, Greater Roanoke Transit Company, Board of Directors, and Audit Committee. Council Member Gwen Mason was appointed Chairman of the City Council's Personnel Committee and Council Member Alvin Nash was appointed Vice-Chairman of the City Council's Personnel Committee. 3 ROANOKE CITY COUNCIL ECONOMIC DEVELOPMENT AUTHORITY JOINT MEETING APRIL 7, 2008 12 :00 P.M. ROOM 1 59 AGENDA 1. CALL TO ORDER All present 2. ROLL CALL: Economic Development Authority - Dennis Cronk and Linda Frith were absent. 3. WELCOME. Mayor Harris and Vice-Chairman C. E. Hunter, III 4. BLESSING OF THE MEAL. 5. DISCUSSION ITEMS: · Annual and Interim Reports of the Economic Development Authority 6. COMMENTS BY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY MEMBERS. 7. RECESS/ADJOURN. 1 :20 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER. 4 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 7, 2008 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Wishneff arrived following the roll call. The Invocation was delivered by Council Member BeverlyT. 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 Friday, April 11 at 7:00 p.m., and Sunday, April 13, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 5 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. 6 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution paying tribute to the United States Army Reserve on its 100th Anniversary. Adopted Resolution No. 38047-040708. (7-0) Ceremonial copy of Resolution No. 38047-040708 was presented to Michael F. Kavanaugh, Army Reserve Ambassador for Virginia. A Proclamation declaring the week of April 13-19, 2008, as National Public Safety Telecommunicator's Week. Proclamation was presented to Roy Mentkow, Director of Technology. 3. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Tuesday,January 22, 2008. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Jesse A. Hall tendering his resignation as the Director of Finance of the City of Roanoke, effective July 1 , 2008. RECOMMENDED ACTION: Received and filed the communication File and accepted the notice of retirement. C-3 A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the vacation of a City drainage easement along property located at 3726 Thirlane Road, N. W. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City- owned land located in Roanoke County. RECOMMENDED ACTION: Concurred in the request. 7 C-S A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the granting of a conservation easement over City-owned property located in the Carvin's Cove Natural Reserve. RECOMMENDED ACTION: Concurred in the request. C-6 Reports of qualification of the following individuals: Alvin L. Nash as a Member of the Council of the City of Roanoke, for a term commencing April 1, 2008 and ending June 30, 2010; Jacqueline F. Ward Talevi as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, to fill the unexpired term of Julian H. Raney, Jr., ending June 30, 2008. Herbert D. McBride as a member of the Roanoke Public Library Board, for a term ending June 30, 2010. Thomas Pettigrew as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2011. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. Presentation regarding the Roanoke Adolescent Partnership (RHAP). Kenneth F. Mundy, Jr., Interim Director, Spokesperson. (Sponsored by the City Manager) No action was taken. 8 b. Presentation on the Roanoke Regional Airport Commission Fiscal Year 2008-2009 Budget and Proposed Capital Expenditures. Jacqueline L. Shuck, Executive Director, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 38048-040708. (7-0) 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: . A communication advising of the City's intent to request an exception from HUD's conflict-of-interest provisions due to the appointment of Alvin L. Nash as a Member of Council. Received and filed. ITEMS RECOMMENDED FOR ACTION: 1. Execution of Amendment No. 2 to the agreement for development of Colonial Green. Adopted Ordinance No. 38049-040708. (7-0) 2. Execution of Change Order NO.1 with Alan L. Amos, Inc., forthe removal of pre-cast panels from the Market Garage. Adopted Ordinance No. 38050-040708. (7-0) 3. Acceptance of funds from the United States Department of Agriculture and the Natural Resources Conservation Service for replacement of the Wiley Drive Upstream Low Water Bridge; and approval of the Conservation Program Contract. Adopted Resolution No. 38051-040708 and Budget Ordinance No. 38052-040708. (7-0) b. DIRECTOR OF FINANCE: 1. Financial Report for the month of February 2008. Received and filed. 2. Adoption of Tax Year 2008 Personal Property Tax Relief Percentage. Adopted Ordinance No. 38053-040708. (7-0) 9 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: a. Conveyance of City-owned property located at Countryside Golf Course to Newbern Properties, LLC, for expansion of a heating and air conditioning company. (Matter was tabled at the February 19 Council Meeting and deferred at the March 17 Council Meeting.) Adopted Ordinance No. 38054-040708. (7-0) 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Trinkle, City's representative to the Roanoke Valley Alleghany-Regional Stormwater Management Committee, advised that the Committee is interested in attending a Council work session in Mayor June 2008 to discuss updates on new federal guidelines. Council Member Lea commended the City and the SCLC on its efforts in coordinating an event to recognize the 40th anniversary of the death of Dr. Martin Luther King, Jr., on Friday, April 4, 2008. He recognized several dignitaries and clergy in attendance who spoke on race relations. Council Member Fitzpatrick recognized City employees who participated in the City's Annual Talent Show Contest held on Friday, April 4, 2008, and expressed appreciation to the City employees for sharing their talents with others. He also commended City staff for supporting the employees. Council Member Mason expressed appreciation to citizens for supporting Clean Valley Day which was held on Saturday, April 5, 2008. Mayor Harris also expressed appreciation to the SCLC on its presentation to the City in recognition of 40th Anniversary of the death of Dr. Martin Luther King, Jr., which was presented on Friday, April 4, 2008, at the Martin Luther King, Jr., Monument. 10 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. Robert Gravely, 3360 Hershberger Road, N. W. Shaheed Omar, 1219 Loudon Avenue, N. W. 12. CITY MANAGER COMMENTS: The City Manager was requested to forward information with regard to the Disciplinary Review Committeeto the Council and Mr. Shaheed Omar, as well as provide the Council with a general overview of the Review Committee and the process at a future work session. She also shared comments with regard to the Clean Valley Day held on Saturday, ,AprilS, 2008. Ms. Burcham announced that the Annual Citizens Appreciation Day would be held on Saturday, April 19, 2008 at Valley View Mall from 10:00 a.m. - 3:00 p.m. In addition, she announced that the City applied for and received two Brownfield grants in the amount of $200,000.00, each; and recognition of the Library for receiving second place for its Library Kiosks. Lastly, the City Manager announced that Cameron Johnson, Roanoke resident, was selected to a participant in "Oprah's Big Give" on Sunday, April 20, 2008. She encouraged citizens to support Mr.Johnson in his effort. 11 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 April 7, 2008 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, e. .1{c.ktlc.. '*.~ C. Nelson Harris Mayor CNH:crt CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 e-mail: city clerk @roanokeva.gov C. Nelson Harris Mayor Council Members: Beverly T. Fitzpatrick, Jr. Sherman P. Lea Gwen W. Mason Alvin L. Nash David B. Trinkle Brian J. WishnefT April 7,2008 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I wish to request a Closed Meeting to discuss a personnel matter and the annual performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, ~ ason, Vice-Chair cil Personnel Committee GWM:sm L:\CLERK\DA T A \CKSM I \Agenda.08\Closed Sesson - Personnel Committee,doc 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: wW,'2'}:.oanokeva.gov April 7, 2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to ~2.2-3711.A.3, of the Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Bu City Manager DLB/lsc c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk A Centered Impact Igniting Dreams, Energizing Promises prepared by " ~,e W(fSf'J);I VA Foundation for the Arts & Sciences r:>'/"~~:;;.:;~-:;:r/~/7 (Center in the Square) . . ~.--'. /1 j II 1i\- 1Har"bn Museum of African American Culture n\ / / ~cience Museum of Western Virginia I il ! / I f I I I { \\. F I -.-.,., ~ . I \/ .I "",. ' ~_'-- , ~~Ii.~u~lD:LIeslg n .,.---J~ ::: J 'k:: " .- 'J ' ~-''''''-~--- llT:e&atet!frl'o;tfte: "-- .~---"" - ~----City-of-RGaROke_____ . -"",>-~ '-~ .......-...,.--.,~~ '-- ''''''''''''''~''''~'''' Museum Virginia Presenters Introduction... ......... ..................................................................... ..2 George B. Cartledge, Jr., Board Chair, Center in the Square Impact... ... ... ... ... ... '" ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ...3 James C. Sears, Ed.D., President & General Manager, Center in the Square Plans... .... ... ... ... ... '" ... ... ... ... ... '" .., ... ... ... ... ... ...... ... ... ... ... ... ...Attached David Bandy, Principal Nice President/Director of Design, Spectrum Design Reinvention... .., ... ... ... ... ... .., ... .., .,. ... ... ... ... '" ... ...... ...... ... ... ... ...... ...4,5 Nancy McCrickard, Executive Director, Science Museum of Western Virginia Expansion... ... ... ... '" ... ... ... ...'... '" .., ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...6 Sereina Paynter, Board President, Harrison Museum of African American Culture Fundraising.......................................... .................................... ..7,8 John Harlow, Capital Campaign Director & Consultant, Center in the Square April 7, 2008 Mayor C. Nelson Harris Darlene L. Burcham, City Manager Roanoke City Council City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, VA 24011-1591 RE: Request for Capital Funding Dear Mayor Harris, Ms. Burcham, and distinguished members of City Council: On behalf of Center in the Square, the Harrison Museum of African American Culture, and the Science Museum of Western Virginia, we wish to thank you and express our sincere appreciation for the City of Roanoke's financial support over the years. Thanks to your generosity, our organizations have been able to reach, teach, and transform countless lives. Since 1983, over nine (9) million people have visited Center in the Square. Our beneficiary organizations include Mill Mountain Theatre, Opera Roanoke, Roanoke Ballet Theatre, the Science Museum of Western Virginia, The Arts Council of the Blue Ridge, the History Museum & Historical Society of Western Virginia and O. Winston Link Museum, and, in the very near future, when the Art Museum moves to its own space, the Harrison Museum of African American Culture. Center in the Square has developed plans in consultation with Spectrum Design architects for comprehensive facility enhancements and improvements. Major elements include a redesigned, interactive and open atrium area; historically consistent first floor fayade refurbishments that make the building more visually identifiable and accessible to the market; total system upgrades and replacements that meet modem museum and exhibit requirements; reconfiguration of space utilization on each floor; and, opportunities for a number of exciting new features including a rooftop green-energy laboratory that would also allow for a cafe and butterfly aviary. The total estimated cost for the redesign and renewal of Center in the Square's 154,680 square feet is $18 to $20 million. State and Federal tax credits are expected to provide approximately fifty percent (50%) of the funding needed, the balance will be provided by a comprehensive capital campaign. A fundraising feasibility study completed in December of2007 indicated $9,000,000 was an attainable fundraising goal for Center. CENTER IN DTHE SQUARE WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES ONE MARKET SQUARE, FIFTH FLOOR" ROANOKE, VA 24011 .. TELEPHONE 540.342.5700 WWW.CENTERINTHESQUARE.ORG WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES IS A 501 (C) (3) NON-PROFIT ORGANIZATION April 7, 2008 Page 2 The rejuvenation of Center in the Square will address most capital needs for the Mill Mountain Theatre, Opera Roanoke, Roanoke Ballet Theatre, and The Arts Council of the Blue Ridge. The History Museum & Historical Society of Western Virginia is currently conducting a capital campaign to create a "Museum for a Modem Era." The City of Roanoke has made a $100,000 commitment towards that $1.2 million project. A major component of Center's renewal project is the "Reinvention" of the Science Museum. The primary beneficiary of reconfigured space, the Science Museum plans to radically change and radically enhance the way the Museum serves the community. Plans include not just reinventing exhibit galleries, but the entire Museum, and its connecting spaces, classes and programs. The building itself will convey that a visitor has entered an exciting, vibrant center for learning. Hundreds of children visit the Science Museum every weekday, coming from over 40 school districts in Virginia. The Museum provides real, first-hand, hands-on science learning experiences that truly impact people's lives. The Science Museum's reinvention requires $5,000,000 in capital funding which will establish the Healthy Bodies, Healthy Earth, and the How It Works galleries, and connecting spaces. The Harrison Museum of African American Culture is to become the newest of Center's beneficiary organizations. Utilizing a portion of the space formerly occupied by the Art Museum, the Harrison Museum will be able to expand its audience, its permanent collection, and bring in more exhibits. Harrison's expansion is essential to our children's education; it will stimulate dialogue about differing cultures and strengthen community connectedness. The contributions and history of the African American experience is vital and essential to our local identity. The projected cost of installing the Harrison Museum within Center is approximately $2.5 to $3.5 million. By underpinning these projects, the City of Roanoke will not only ensure their success and financial feasibility, it will create a pivotal action for forward community motion. With history as our guide, we know that Center in the Square's story is about impact and we have seen the synergies that are created when we come together. This is an historic moment. For the first time, and at the City's request, we are coming before Council seeking capital funding as a united group. We are seeking your financial support and leadership for the fundraising campaigns of Center in the Square, the Harrison Museum of African American Culture, and the Science Museum of Western Virginia. Combined, these projects total roughly $27,000,000. We respectfully request the City of Roanoke provide leadership gifts to these projects through a multi-year commitment of $4,000,000. April 7, ;2008 Page 3 We thank you for your consideration and leadership and will be happy to answer questions and provide documentation as needed and required. We believe the City of Roanoke is destined to become greater than it is today, and we believe your leadership support for these projects can help make that happen. Sincerely, C/ . .', / q"~ ./// '" / / II'. ~';~/ .4'7 .. I I P-t1'/ / /liur1: I ' ~1?~~ George B. Cartledge, Jr. Chairman of the Board Western Virginia Foundation for the Arts and Sciences ////'-'7, , /"" .,.._-;x::// " '\. /7" {~~?~:>:::~d~/24Y~---;&f:"l'ft//'y /// Serell1(l)Paynter . V , President Harrison Museum of African American Culture ~/,4~~ Kathy G. Stockburger President Science Museum of Western Virginia cc: James C. Sears, Ed.D. President & General Manager Center in the Square Nancy Ann McCrickard Executive Director Science Museum of Western Virginia Introduction-George B. Cartledge, Jr. As a community volunteer I am here on behalf of Center in the Square's Board and its affiliated organizations. We work and give because, like you, we believe in the value of arts and culture for our community. We appreciate and are thankful for the long-standing support of the City of Roanoke. As Mayor Harris proclaimed at our 25th anniversary kick-off celebration, CITS is an "outstanding public/private partnership" and I would add of historic proportion. The impact of this partnership on what the Roanoke Valley is today has been enormous. As J said at our 25th kick-off, four generations of my family have been involved with CITS. The issue we want to address today is along the lines of what my father used to say: "Don't worry about today, it's half over. Worry about tomorrow." This morning you will hear from Dr. Jim Sears, President and General Manager of CITS, who will summarize Center's impact and outline our future plans. Followed by David Bandy of Spectrum Design, who will present what I think are exciting conceptual images and computer generated renderings of proposed improvements to CITS. Nancy McCrickard, Executive Director of the Science Museum, will summarize the re- invention of the Science Museum that will take place as a component of this project. Sereina Paynter, Board President for the Harrison Museum, will reflect on the Harrison Museum's move into CITS which is also a component of the project. And lastly John Harlow, John is the fund raising consultant for our project, and he will offer his thoughts about the importance of the City's financial support on our future fund raising efforts. 2 Impact-James CD Sears, EdDD Today, we come before you with an inspiring plan and unique opportunity. Together, we can: improve the area's economy, enrich the education of our children, and enhance the quality of life for our citizens by responding to the opportunity to provide a critically needed renovation to Center in the Square. By undertaking this renovation, our impact will be measurable. . We will create state-of-the-art facilities so our museums can offer high quality exhibits, preserve collections, and expand into offerings that are currently impossible. . We will enhance the cherished atmosphere of the historic Farmers' Market through facade improvements which will reflect Center's original 1917 architecture. . The Harrison Museum of African American Culture will have a new home in the midst of Roanoke's fastest growing area-the downtown. . Center will become a stronger public attraction and destination with increased visitation. . It will be a seamless walk from the historic Market Square into Center with the new space providing a sense of arrival for learning, entertainment, fun, and family activity. Center's renovation comes at exactly the correct time. Our museums are demanding it, our theatre must have it, and what a better time for the Harrison Museum to grow and expand. This is not to mention that almost every mechanical, electric, and plumbing system in Center is on the verge of failing after 25 years of use by over 9 million people. We must continue the dreams of our founders and city leaders. The dream they held in 1980 is a dream that we all still hold today-the dream that every child in Roanoke and western Virginia have a complete education so that they can compete on a state, national, and global level. Our community leaders knew their dream could not be realized without exceptional facilities for a variety of museums and performing arts. We know a modernized Center in the Square is critical to furthering their and our dream. We must improve our region's economy and quality of life. We have learned from the success of Center that arts and sciences are economic engines and serve to improve the region's quality of life. People want modern museums, live theatre, opera, ballet, a symphony, and a full array of support businesses including downtown galleries, small shops, restaurants, and housing. People and businesses move and stay here for these amenities. A renovated Center in the Square will further encourage and support these efforts. 3 Reinvention-Nancy McCrickard I invite you to join me in making the Science Museum of Western Virginia a world-class destination science center for people of all ages-a place where people will have life- changing experiences! Center's organizations are strong, millions of visitors have been enriched, and Downtown Roanoke is the vital hub of western Virginia. Today we are asking you to invest again. An investment that leverages Roanoke's assets; an investment that takes Roanoke to the next level. In November 2006, the Science Museum launched its plan to radically change-and radically enhance~the way the Museum serves the community. We plan to not only reinvent the exhibit galleries, but the entire Museum-connecting spaces, classes, and programs-everything! In the new Museum, we want to encourage citizens of all ages to ask questions, in order to engage them more fully in learning. The Science Museum will be the place where people can come to have their questions answered regarding healthy living, environmental stewardship, and science literacy. In education "collaborative" has become the roadmap term for success. In that spirit, Center in the Square has joined us as an essential collaborative partner in Reinventing the space in which we are housed. Because Center's renovation is concurrent with our Reinvention, we have a unique opportunity to utilize the whole building to enhance learning in a whole new way. We want the very essence of the building to convey to visitors that they have entered an exciting, vibrant center for learning. We want to enhance our service as the start of the workforce development pipeline by encouraging interest in science at an early age. Roanoke is the medical hub for western Virginia, and soon to be the home of the state's newest medical school. By engaging visitors as youngsters and nurturing their interest in science at any age, we will be encouraging our young people to take science electives in high school, and continue their secondary science education to prepare for careers in health, bio- medicine, and many other science disciplines that we can grow in the Roanoke Valley. Science changes more than any other subject, and we realize that we need to prepare citizens for jobs that don't yet exist and consumer products that haven't yet been invented. We teach the basic building blocks of science so that visitors are better equipped to understand rapidly changing technologies and have the job skills to attract new businesses. In order to have the richest harvest for Roanoke, we know that we have to plant the seeds now through authentic science experiences that will result in a marketable product. The Science Museum is uniquely poised to provide real, first-hand, hands-on, science learning experiences that truly impact people's lives. 4 Reinvention We want to improve preschool readiness, third grade reading levels, and high school graduation rates through the exhibits and programs we offer! While already a vital force in downtown, we want to be an even greater economic driver in the downtown area! Watch the school busses that park in front of Center in the Square. Hundreds of children visit the Science Museum every weekday, coming from over 40 school districts in Virginia and West Virginia. Our members and visitors come from the same geography and beyond, so we know we attract additional visitors to Downtown. An exciting Science Museum and reinvigorated Center in the Square will increase those numbers. Because I have seen first-hand the community need for our new initiatives-particularly ones focused on obesity, mental health, environmental stewardship, and energy education, I will keep striving until the Museum's reinvention is complete-Roanoke City citizens deserve nothing less! An ancient proverb sums up learning in this way: I hear and I forget. I see and I remember. I do and I understand. The Science Museum is a place where visitors do science for themselves, and in doing, they understand. Please join with me in Reinventing the Science Museum of Western Virginia, so our visitors can do more, and understand the science that will change their lives, and change Roanoke City forever. 5 Expansion-Sereina Paynter The Harrison Museum is currently planning & preparing for its move to Center in the Square and becoming one of Center's beneficiary organizations. The impact of moving our museum to Center in the Square will be immense. The move to Center will enable the Harrison Museum to expand its audience, its permanent collection, bring in more exhibits and continue to strongly promote, showcase and celebrate the art and history of African Americans. The Harrison Museum was created from scratch in 1985 as a project initiated by the Northwest Neighborhood Improvement Council, Inc, the City of Roanoke and Total Action Against Poverty, Inc. The museum shows courageous people can make a difference. The Harrison Museum's role in Roanoke and the surrounding area is very important as it is the only organization that extensively concentrates on the history of the African American experience in the Roanoke Valley. The contributions and history of the African American experience is vital and essential to the identity of all persons in Roanoke and South West Virginia, Center in the Square is where the Harrison Museum will be able to make the biggest impact on our region. The space and level of exposure demands enhancements and together with the City's help we will reach our capital needs. The recognition of our ancestry and history is vital to our children who simply have no experience of what the world was like before 1960 when the local schools were integrated. To move forward, we have to know the past; Harrison provides the story of the past. Harrison's expansion will allow for all of our youth to know the past and work for a wonderful and bright future. We are in our 23rd year now and look forward to the Harrison Museum opening as a strong attraction in Center in the Square during its 25th anniversary year. On behalf of the Harrison Museum of African American Culture I want to thank the City of Roanoke for their continuing support. Roanoke has long envisioned bringing together all the ethnicities of the area. Harrison Museum's move to Center in the Square will help this important process of joining together for Southwest Virginia. 6 Fundraising-John Harlow I'm John Harlow, Managing Principal of the American Consulting Trust for Philanthropy. For more than twenty years, I've had the privilege of assisting volunteer leaders implement successful capital campaigns in communities across the country. In Roanoke, I've had the honor of working on the O. Winston Link Museum campaign, and the most recently completed capital effort for Virginia Western Community College. Through these work experiences I also met my wife, so I'm pleased to say that I stand before you today as a taxpaying resident of the City of Roanoke. Roanoke has outstanding volunteer leadership, and very generous donors. However, it is usually the same small group of individuals and corporations that provide leadership funding to our community projects. I suspect too that these entities are also some of our areas largest tax payers. They pay taxes and they make contributions because they believe in Roanoke, something I think we all have in common. When I conducted the fundraising feasibility study for Center in the Square last year, I felt the most compelling finding from interviewing roughly seventy (70) people was that regardless of their personal interests-- the big picture, economic development, quality of life, impact, coming together, these were the core values of a shared destination for the Roanoke Valley. Center in the Square was created to be the seat of artistry and culture with the desire of inspiring a new qeginning and awakening a new vibrancy in downtown Roanoke. Center breathed new life into the organizations that came to reside within its historic walls, moving Theatre, History, Art, and Science to come alive. Center promoted growth that was wholesome and life affirming - growth that nurtured community wholeness. And for all the accomplishments that have been earned, awarded, or bestowed in the past 25 years, and they are many, the most important aspect of this story is how we connected with each other and created genuine community. Success built upon success, the story became bigger, synergies were discovered, and there was great impact. Today the case can be made that we are ready once again. In a minute or two we will be asking the City for multi-year funding of the combined capital projects of renovating Center in the Square, re-inventing the Science Museum, and installing the Harrison Museum within Center. The fundraising muscle in the Roanoke Valley has done some heavy lifting lately. However, in my professional opinion, the City can make these campaigns successful and make these projects happen. Should you look favorably upon this request, you will provide the lead gifts necessary for each of these organizations to be successful in their private fundraising campaigns. 7 Fundraising I think it is also important to note that the funding we are requesting from the City of Roanoke for these projects amounts to roughly 15 cents on the dollar of the total project costs. The remaining 85% will be raised in philanthropic support or through federal and state tax credits. That's an outstanding return of over 500% on the taxpayer's dollar. We are asking the City today to strengthen our belief that Roanoke will surpass Asheville and Chattanooga, and all the other cities that have studied what we have done here in the past and then taken it to the next level. The Art Museum will open, Center in the Square will be energized, the market building and market area will be reinvigorated, the greenway system will thrive. By funding Center and underpinning these projects, the City of Roanoke will not only insure their success and financial feasibility, it will firmly establish that "pivotal action" our community is looking for and makes the big picture a reality. 8 . ATM . Lobby . Mill Mountain Theater . Sumdat . Weiner Stand . Vestibule lllI Thomas III Toilets . Uttle Dipper . Rear Access . Mechanical . Lease Space . Catering FIRST FLOOR ~PEcaUM Of$I(iN ~Ulo.hHH I ....~.i~..... . Atrliim}Publlc . Mill f'10IH'It,Jin Theater . Hamson fofuseum . Lease Office OW-',"'. o S"pport . Me,ha-nir.al . AV311<iblt! Sp:JCt! .-....... o K:l t'~"m1be:t!:;:f o . 2ND AND 3RD FLOOR Sl>~<:TItI,JM OESl6H ~ ....~..'.11. I ."il;~ .....11 ,. '. Ii ..~' '. . Auklm/Pullll< [J ...",'" . H<<ha~al .Pl.orret~u", 13 't,,C, 4TH AND 5THFLOOR '. I~ . Atrium/Public o Sclem.:e . M~iltlial . Planetarium SfJECTlUM DESIGN ~'f"h'HH! ."III~..u PHOTO VOLTAIC ARRAY B - s .BU ~g 0- ROOf PLAN 5I'Ecr.UM OESIGN ~rr"hUH I ....918..... STATEMENT OF CONFLICT OF INTEREST () I U ( I ~~ Wi) ~""1~ state that I have a personal ipterest in agenda item i regarding C~t"lr- \.~ -ti.t, S'lJ'af~ , because (4 b v\ )'~ \-'S.f I ~ 1-UL4- Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signatnre made this '1 day of ~ 2008. (J- ! (Seal) -~ C.. f R .k ~I !y o. 11 ~oano~ ... .YMCA Members . 7,987 Members 1,428 Members receiving financial ajd $113 66 3. .2-2-'). 6-" · I .d .IJ ~ ~,J~~ In~JlnanCla al L_ provided 3,492 Don-member program participants - ~ - - B eakdown of Membe -- By Area . Southwest 3...' .ff5B13~ J),U.~.~ Northwest. 1798 -, ~~ Northeast 112'4' 13~. _,~ r~ Downtown 8.~L~. ~ lIUJ . Southeast 430 Breakdown of Aid Provided ~ ~ I Inanela Northwest Southwest Northeast Downtown Southeast Total ~lr 4~' 15~2 ~ _ , _ 1!!!!!1 $ 79,092 $ 67,224 $ 55,584 $ 40,270 $366,322 FI!IJ I!!IJ I Al!IJd ~t"I' Cl!!IJt ~Inancla ~_I:~O r.;1!Y Residents for Y Programs . Family C!enter YMC!A $20J3,63j Programs include youth sports, Youth Achievers after school program" summer day camp Kir~ kFii ~). Y'M' 'CiA $. LO"0.'1'3' . __Jr ~ ! I amlJY ~ J li !.?.!.~,_ ,~ Oi 1",,1, ') --' " Programs include swim lessons, swim team, gymnastics, dance, teen activities YrM, ,rcr 'A M' r",~, Pi ')1 i " $'il: LOr. 3'5 1 . Ii l' /-,. ~f,aglc -,-~~ace " .Q/I,~"~J Before & after school age childcare provided at 15 Roanoke City elementary schools serving 417 children every school day T10tal ~423'j 4011 ~!1~ ,If _ - otal Financial Aid " Provided. PlJJJ $-'11. 14l2r.)13~l.14~ lOll .1 l_ . -I rograms - ~~~,J ~ ~ Membership .. $366,32~ Total. $789, 723 Star Line Trolley , ~, C!) Downtown Market C!) Franklin & Jefferson (;;\ Jefferson College o of Health Sciences o Reserve & Jefferson f5\ Carllion Roanoke \!IV Memorial Hospital @ Reserve & Jefferson {:;\ Jefferson College o of Health Sciences @ Franklin Road Outbound Inbound t:; Monday through Friday service \'. 7AM through 7PM, every 10 minutes. Extra service from 10AM through 2PM, every 5 minutes. Time between Market and Hospital-10 minutes. )"""c.}i'l~!'t}~, >. ':' 'sh.e~$r\8baJ),'>' 'i~brfcilk' ~.~ . "' '.- \, ':Cari1,p~e\t. .' ,.,". ", -- ,~- "J -." - '\. .",.,,' '~~fC\;". QhUr?~ ' ,0 / .', . -' ;',' ~-'. ~'.'.~ ,::,:~,..." ."- >. .~, - " /;'~n~t;~:;: i;~~.~\~~\~~~.::~",:: ,:~~ ' ::" ", ~~~~~~ ".,'. ',0..'" O' .Ceda(Eiiuff', ., . ._,.-~'~;;,: .~, ','" .'.,'1"' ".' ,." : 1:~ '~i~_.' ,. - . .~ ,,:". " ':i:f~~f:j'+~~~';,(:/ ,<, ),\':';,," ';" . -;. . " ., , , '. 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Q. . . r; == ':r 0) ... o ... :r CD ., - o n 0) - -- ... -- CD tn 0) ., CD 0. o -- ~ tQ .I ;;0 ~ ~ en Z m 0 m Z ;>; X)> m en -c ;;0 -I)> - Z ;;0 -C ~ G) ;>;;;0;;0 () cnO-n o :I: '- r Z m~o o r-lO =i r;:l 0 6;;0 ;;0 Z)> m en () 0 () c m () en ::! en 0 Z ~- --- --- / / I I I I I I i I )1 : /0 ii I ~..,;: I , / " I ,! I I , I I , --- ~~- )> (j) m :,~ )> l- YI ;;0 o ~ -0 o ZO> --10> )>....... r ,--I T1 '0__ "1J --g Z --I OJ , , ~I\JWJlo,."...,.-o 000~';'~~~ ~~n;~F~-i ~~"'G:lOOJG:l G:lo:1i~::;;ai!l ~~~~~g~ ooo~-~~ ~~~88- ---~.c!: ~; ;i ,- IH Ip ffl . ~ iJI ~ !!I . g Hi Iii .8 H 11m p I LUMSDEN ASSOCIATES, P.c. ENG I NEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA PHONE: (540) 774-4411 FAX; (540) 772-9445 E-MAIL: fv\All@LUMSDENPC.COM -' Parrik ~{o,@rnoke PO 8o}{ 33 1 Rnalnoike, V/J, 24002 ROANOKE April?, 2008 DRAFT - City of Roanoke Off Street Residential Parking Background City Council approved a 3-year downtown residential parking program in April of 2002. It provided for downtown residents to park for free in city garages (up to 2 parking spaces per residence) with the exception of the Gainsboro Garage as long as they were living in the Central Business District. Such parking was subject to availability of parking in the participating garages. At the end of the three year period there were 15 residents utilizing the program. The program was renewed for 3 more years in March 2005 adding a provision that allowed residents Qj downtown housing units that were physically connected to a city parking garage to park in that garage in a reserved parking space. Such connections would have to be pre-approved by the City. At this time (April, 2008) there are 67 residents utilizing the program. Thirty of those residents have (2) parking spaces. Gainsboro Garage has not been part of this program to date. A primary user of this garage, the residents of the 8 Jefferson apartment complex ,have been provided for a period of five years starting at the issuance of the certificate of occupancy for this building, (1) parking space per occupied unit in the Gainsboro Garage. Payment for this parking has been provided by the City of Roanoke as per the terms of the Shenandoah Crossing Agreement between the, City and '- RRHA. There are currently 74 residents of 8 Jefferson taking advantage of this program offered by the city and 17 of those residents currently pay to park additional vehicles in the garage at posted parking rates. This program will expire in November of 2008. '. The City desires to re~stablish its downtown residential parking program for an additional two years (April 1, 2008 through March 31,2010.) It desires to enhance the program by adding the Gainsboro Garage as well as the new Campbell Garage located at 335 CampbellAv to this program. This change will assure that all residents in the Central Business District will have equal access to the benefits of this program and provide more parking options for program users. All qualifying residents will receive (1) unreserved parking permit at no charge for their use under this re-established program (those qualifying in housing units with pre-approved physical connections to a city garage will receive (1) reserve parking permit at no charge.) These placements are all subject to availability defined by the city. New qualifying residents will be asked to pay a $25 processing fee to enter the program to cover the overhead and handling that must be built into the program to operate it effectively. Qualifying residents will be able to purchase a second parking permit at 500k of the posted public rate for that permit in a city parking garage ( subject to availability. )These fees will help equalize the entry of 2 new additional garages into the program to give residents more options and availability of off street parking provided in the overall program. Projected residential growth within the CBO indicates that added off-street. resources were needed and that adding Gainsboro and Campbell Garages is a key to support this added growth. Increased demand in all downtown parking locations further indicates that visitor, student and downtown employee uses of off street facilities is growing. ") L Overview of the Proposed Terms of the Renewed Off-Street Residential Parking Prog ram 1. The City of Roanoke will provide a Residential Parking Program for the benefit of residents of the Central Business District. 2. The program will provide (1) unreserved parking permit at no charge per occupied dwelling in one of its parking garages subject to availability. 3. In addition, qualifying residents may purchase (1) additional unreserved permit at 50% of the posted unreserved parking permit rate in the parking garage for which it is purchased subject to availability. 4. All residential permits shall be provided as unreserved parking permits with the exception of permits issued to residents of housing units which have a physical connection to a city owned or controlled parking garage. Such qualifying residents will be provided (1) reserved parking permit at no charge per occupied dwelling and may purchase (1) additional reserved parking permit at 500/0 of the public reserved parking permit rate in that specific garage. All such .. physical connections are subject to prior approval by the city. 5. The number of spaces offered in each garage for the residential program is subject to the city's determination of availability. 6. Residents may apply for these month to month parking permits subject to verification of their residency. Applicants will pay a one time non-refundable $25.00 processing fee to enter the program and shall be subject to all the terms and conditions contained in the City of Roanoke's Parking Permit Application. Applicants must complete a signed Parking Permit Application and pay a $10 card deposit in, addition to the above processing fee in order to be fully eligible to participate in the program. 7. The City of Roanoke reserves the right to request proof of residency at any time but will request such proof every 6 months after acceptance into the 3 program. Proof of residency would include a signed lease agreement, deed or signed closing contract. 8. The City shall not be held liable or responsible for theft or damage to individuals or vehicles in city garages. Patrons park at their own risk at all times. 9. The City may revise its residential parking program at any time, subject to the approval of City Council. 10. The effective date of this program shall be April 1 ,2008 through March 31, 2010 unless otherwise modified by City Council. " 4 t Financial Performance Overview Focus · Review FY 2008 Revenue Trends · Review Expense Containment Strategies 2 Expense Containment Strategies o Reserving position turnover savings and contingency funds to address identified expenditure issues o Frozen expenditures in the following categories (Departments that report to City Manager): - Training and Development - Business Meals - Expendable Equipment · Frozen the filling of positions (Departments that report to City Manager) unless designated authorization given - Public Safety positions excluded 5 Expense Containment Strategies · Deferring on selected capital maintenance expenses · Reallocating funding within budget to address expenditure issues · Some of the aforementioned strategies carry forward to FY 2009 to facilitate budget balancing 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, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 9, 2008 R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12164 Richmond, Virginia 23241 Dear Mr. Amyx: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 7, 2008, Council Member Alvin L. Nash was appointed to replace former Council Member Alfred T. Dowe, Jr., as a member of the VML Human Development and Education Committee. Sincerely, - an. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: The Honorable Alvin L. Nash, Council Member . 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: cIerk@roanokeva.gov SHEILA N. HARTMAN,CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 9, 2008 .Mr. Adam Markwood 1862 Arlington Road, S. w. Roanoke, Virginia 24015 Dear Mr. Markwood: At a regular meeting of the Council of the City of Roanoke held on Monday, April 7, 2008, you were appointed as a member of the Fair Housing Board to fill the unexpired term of Tuan Reynolds, ending March 31, 2009. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be admin'istered 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 appointee is required "to read and become familiar with provisions of the Act." .~, Mr. Adam Markwood April 7, 2008 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, ~h-,. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Angie Williamson, Secretary, Fair Housing Board SheilaN. Hartman, Deputy City Clerk Adalina Allicott, 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 seventh day of April 2008, ADAM MARKWOOD was appointed as a member of the Fair Housing Board to fill the unexpired term of Tuan Reynolds, ending March 31 , 2009. Given under my hand and the Seal of the City of Roanoke this ninth day of April 2008. A~ h1. Mt..~ City Clerk GLENN FELDMANN DARBY& GOODLA1TE 210 1st Street S,W, Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 5402248000 Fax 540224,8050 gfdg@gfdg,com "~~S WOf<'C) '-<. sV-V~ '5 m :;; 4?ERI1\1-" HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby@gfdg.com March 2S, 200S HAND DELIVERED ,,"',,r4 Le,V '~'iP ~'\fP 1'1 ?I'I~] i 'J (,1"\"( Cld.l;. _ -' I' I '. ~ Stephanie M. Moon, CMC City Clerk, City of Roanoke, Virginia 456 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 A TTN: Ms. Sheila Hartman, Deputy Clerk RE: Economic Development Authority of the City of Roanoke, Virginia Dear Stephanie, I'm delivering 11 copies of the Annual Report and 10 of the Interim Report of the Economic Development Authority of the City of Roanoke, Virginia. You'll want to keep one of the copies of the Annual Report for your records and deliver sets to the members of City Council in advance of the April 7, 200S Joint meeting with the EDA. Very truly yours, ~ Harwell M. Darby, Jr. HMD:lww:0042000 Enclosures Annual Report Year ended June 30, 2007 The Economic Development Authority of the City of Roanoke, Virginia To: The Members of Council ofthe City of Roanoke, Virginia Name and Organization: The Economic Development Authority of the City of Roanoke, Virginia was organized pursuant to ordinance adopted by the City Council October 21, 1968. It has been in continuous operation and has assisted the City's economic development efforts in meeting to approve of small issue manufacturing and 501 (c )(3) industrial development revenue bond financings. Membership: There are seven members of the EDA which are appointed by Council for 4 year terms. As of the date of filing of this report the membership, officers and terms of the directors are as follows: Name Dennis R. Cronk Charles E. Hunter, III A. Damon Williams Linda Davis Frith F. Gordon Hancock S. Deborah Oyler Stuart Revercomb Office Chairman Vice Chairman Secretary IT reasurer Expiration of Term October 20,2010 October 20, 2008 October 20, 2009 October 20, 2007 October 20, 2007 October 20, 2009 October 20, 2009 Staffing: . The EDA uses the City of Roanoke Economic Development Division's staff and works in close conjunction with the Director of Economic Development. The EDA meets at 8:00 in the morning the second Wednesday of every month. The meetings are held at 8:00 a.m. at the City of Roanoke, Division of Economic Development, 111 Franklin Plaza, Roanoke, Virginia. Since the fiscal year ended June 30, 2006, the EDA held 8 meetings; its average attendance was 5, the attendance of the various members was as follows: Page 2 Directors 8/9/06 10/11/06 11/8/06 1/9/07 2/14/07 3/14/07 4/11/07 6/13/07 Dennis R. Cronk Present Present Absent Present Present Present Present Present Linda Davis Frith Absent Present Absent Present Present Present Present Absent F. Gordon Hancock Present Present Present Present Present Present Present Absent Charles E. Hunter, III Present Present Present Present Present Present Present Absent S. Deborah Oyler Present Present Present Absent Absent Absent Present Present Stuart Revercomb Absent Present Present Present Present Absent Present Present A. Damon Williams Absent Present Present Present Present Present Present Present Activities for Fiscal Year 2006/2007: This year the EDA: · Approved the funding of eight fa9ade grants totaling over $132,000 as follows: Louis and Jessica Tudor for the building located at 23 Church Avenue, S.W. in the amount of $9,900; The Roanoke Regional Chamber of Commerce for the building located at 210/212 S. Jefferson Street in the amount of$14,561; Williams Supply, Inc. for the building located at 21 o 7th Street in the amount of $25,000; Gayle B. and Hunter C. Merrill for the building located at 131 Kirk Avenue in the amount of $13,432.32; Mountain First LLC for the building located at 365 Salem Avenue in the amount of$20,787; Southeast Rural Community Assistance Project, Inc. for the building located at 347 Campbell Avenue, S.W. in the amount of$25,000; JMT Holding Company, LLC for the building located at 418 1 st Street SW in the amount of$16,333; Shakie Macher for the building located at 601 Salem A venue in the amount of $7,000; · Approved the funding of seven fa9ade grants pending receipt of additional funding totaling over $112,500 as follow~: Richard and Erin Mardian for the building located at 1115 Piedmont Street, SE in the amount of$16,711; Reid C. Henion for the building located at 2240 Shenandoah Avenue, N.W. in the amount of$22,788; Black Dog Properties, LLC for the building located at 914 13th Street in the amount of $8,534; . Page 3 H. Lawrence Davidson for the building located at 410 Jefferson Street, S.E. in the amount of$19,470; Casey & Kelsey Properties, LLC for the building located at 117 Campbell Avenue, S.E. in the amount of$15,898; Suzun Hughes and John Wilson for the building located at 117 Campbell Avenue, S.W. in the amount of$25,000; and Tailings, LLC for the building located at 2914 Williamson Road in the amount of$4,133.33. · Approved an extension to the Performance Agreement between the City and IMD Investments on the Ivy Market Development. . Received a presentation entitled "Economic Development and the Role of Economic Development Authorities" from Sandra Jones McNinch, Esq. of Troutman Sanders, LLP, Richmond, Virginia. . Received a presentation . from Virginia Western Community College Workforce Development Services and participated in a discussion on workforce development led by Chuck Terrell and Jim Poythress. · Assisted the Virginia Lutheran Homes in financing and refunding certain bonds in the amount of$16,414,337. · Assisted the City of Roanoke in supporting the application for a Brownfields Grant. · Approved an extension to the Performance Agreement between the City and Faison-Southern Lane, LLC for the Home Depot Project. . Changed its name from the "Industrial Development Authority" to the "Economic Development Authority" to more accurately reflect its goal of more actively identifying and contributing to the overall economic development effort in the City of Roanoke. · Received regular briefings on economic activities from the Economic Development Division of the City of Roanoke. The EDA looks forward to continuing its close partnership in economic development with the City of Roanoke and stands ready to work as a full economic development partner with other members ofthe City's team. Respectfully submitted. ~~i~~ ~e;;niS R. Cronk,' hairman Interim Report As of April 1, 2008 The Economic Development Authority of the City of Roanoke, Virginia To: The Members of Council of the City of Roanoke, Virginia Name and Organization: The Economic Development Authority of the City of Roanoke, Virginia was organized pursuant to ordinance adopted by the City Council October 21, 1968. It has been in continuous operation and has assisted the City's economic development efforts in meeting to approve of small issue manufacturing and 501(c)(3) industrial development revenue bond financings. Membership: There are seven members of the EDA which are appointed by Council for 4 year terms. As of the date of filing of this report the membership, officers and terms of the directors are as follows: Name Dennis R. Cronk Charles E. Hunter, III A. Damon Williams Linda Davis Frith F. Gordon Hancock S. Deborah Oyler Stuart Revercomb Office Chairman Vice Chairman Secretary/Treasurer Expiration of Term October 20,2010 October 20, 2008 October 20, 2009 October 20, 2011 October 20,2011 October 20, 2009 October 20, 2009 Staffing:. The EDA uses the City of Roanoke Economic Development Division's staff and works in close conjunction with the Director of Economic Development. The EDA meets at 8:00 in the morning the second Wednesday of every month. The meeting dates for the remainder of this fiscal year are April 9, 2008, May 14,2008 and June 11,2008. The meetings are held at 8:00 a.m. at the City of Roanoke, Division of Economic Development, 111 Franklin Plaza, Roanoke, Virginia. Since the fiscal year ended June 30, 2007 (see FY 2007 Annual Report attached), the EDA held 5 meetings; its average attendance was 5, the attendance of the various members was as follows: Page 2 Directors 8/8/07 9/12/07 12/12/07 2/12/08 03/12/08 Dennis R. Cronk Present Present Present Present Present Linda Davis Frith Present Present Present Absent Absent F. Gordon Hancock Present Present Present Present Absent Charles E. Hunter, III Present Present Present Present Present S. Deborah Oyler Absent Absent Absent Absent Present Stuart Revercomb Absent Present Present Absent Absent A. Damon Williams Absent Present Present Present Present Activities since the end of the Fiscal Year: Since the end of the fiscal year (June 30, 2007) the EDA: · Approved the funding of four fayade grants totaling almost $63,000 as follows: Daniel R. and Anna M. Flynn for the building located at 302 5th Street, S.W. in the amount of$14,252; 400 Salem, LLC for the building located at 400 Salem Avenue in the amount of$25,000; Goodwill Industries of the Valleys, Inc. for the building located at 2502 Melrose Avenue, N.W. in the amount of$16,373; Conrad Holdings, LLC for the building located at 303 Market Street in the amount of $7,316; · Approved a second extension to the Performance Agreement between the City and IMD Investments on the Ivy Market Development. . Approved the Performance Agreement between the City and Roanoke Hotel Group, LLC in the amount of$l,OOO,OOO.OO. · Approved an extension to the Performance Agreement between the City and Valley View Mall, LLC on the Valley View Mall. · Assisted the Virginia Lutheran Homes in financing and refunding certain bonds in the amount of $4,700,000. · Received a presentation from George J. Mongon, Deputy Director of Institutional Advancement for the Art Museum of Western Virginia which discussed the progress of the Museum and the economic development aspects of the Museum. · Dedicated $50,000 of its funds be available to the City Department of Economic Development for the financing and funding of its Entrepreneurial Zone programming including training money, research money and a loan program in accordance with the report on Entrepreneurial program. I~, Page 3 Included in the $50,000 would be a $1,000 award to be made at the Entrepreneurial Express Workshop and Exposition. · Received regular briefings on economic activities from the Economic Development Division of the City of Roanoke. The EDA looks forward to continuing its close partnership in economic development with the City of Roanoke and stands ready to work as a full' economic development partner with other members of the City's team. Respectfully submitted. Date: S/21/20CB -- ~~- /D . R C nk Ch . --- ennlS . ro , airman Economic Development Authority FY 2007 Fa~ade Grant Summary Report Total Amount in Fayade Grants (Completed) = $225,129.53 Number of Fayade Grants = 13 Total Level ofInvestment in Fayade = $823,338.71 Tudor's Biscuit World 23 Church Ave. Before After Grant Amount: $9,728.60 Total Fayade Investment: $29,185.80 When Completed: August 2007 .-'" ,.,"'."- Stage Sound 2240 Shenandoah Before After Grant Amount: $23,073.35 Total Fayade Investment: $69,056.00 Completed: October 2007 Culinary Art School 1011 st Street Before After Grant Amount: $25,000.00 Total Fac;ade Investment: $84,324.00 Completed: November 2007 Candy Factory 324 Salem Ave. Before After l-~~ Grant Amount: $25,000 Total Fayade Investment: $117,270.72 Completed: July 2007 Entrepreneurial District Where are we now? The program is in place and the EDA has outlined the type of incentives that could be offered to startup business locating within the boundary ofthe Entrepreneurial District. The district currently has one bank partner and a few business have shown interest in offering services at a discount. Where is the boundary? The district follows along the current Enterprise Zone One A boundary to include the most recent addition of the sub zone A of Zone Two, which runs along Arial Way and Blue Ride Drive. Thine:s to do: Find more banking partners and further develop the network of businesses to offer services at a discount. Creation ofthe Roanoke Chapter ofthe President's council Provide an outline of courses from VMCC and V A Tech that will be honored for training from EDA Upcomine: Events: Women & Veterans Small Business Conference 2 May 2008, 7:30 AM - 3:00 PM Virginia Western Community College Entrepreneurial Express Workshop 29 May 2008,8:30 AM -12:00 PM Whitman Auditorium at VWCC Incentives that could be offered would include: Training: Funds would be used for training with key partners including Virginia Tech and Virginia Western Community College. Training to include the Virginia Tech Boot Camp, entrepreneurial classes, membership in the President's Council, and other programs approved by the EDA. Cost Reduction in Services: The district will leverage a cost saving offers to start-up business from partners of the district for services such as Legal Council, Human Resources, Payroll, Office Supplies, Physical Networking, and other servi~es. Research Proiects: Assist businesses with the cost of research projects through Virginia Tech on new products within the market. ($5,000) \:. . Loan Backing: A qualifying business could leverage funding for a bank note. The funds would be used as a second on the note up to 20% of the loan value. The loan backing would be capped at $5,000 per business. Two or three banks would be pre-approved for the program based on competitive rates. ($25,000) Business Seed Financing Through TAP: TAP's Business Seed Loan Program is a micro enterprise development program. Business Seed Capital, Inc. (BSCI), offers financing to micro enterprises which may not be able to obtain a loan from a conventional bank. Loans range from $500 up to $35,000. Assistance In Locating an Office: The Office of Economic Development is a free resource to help find a suitable location for the Startup business. Other Needs: There is a possibility of other grants to assist startup business. This will be on a case by case basis, which the EDA will listen to the needs of one or more start up companies and then decide to approve or disapprove the request. This could come in the way of a grant to pay for shared resources, unforeseen extra costs, etc... this is an open opportunity in which the EDA has the right to approve or disapprove based on metrics of their choice. \J~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38047-040708. ili A RESOLUTION paying tribute to the United States Army Reserve on its 100 annIversary. WHEREAS, the United States Army Reserve will celebrate its historic 100ili anniversary in 2008; WHEREAS, the Army Reserve's mission is to provide trained and ready soldiers and units with the critical combat service and combat support capabilities necessary to protect the nation during peacetime, during any contingency, and in war; WHEREAS, the Army Reserve is a key element in the United States Army's multi-component force, training with active and National Guard units to ensure all three components work as a fully integrated team; WHEREAS, a reserve force was established April 23, 1908, when the Congress of the United States created the Medical Reserve Corps., so that a group of medical officers could be called to active duty in the event of a national emergency; WHEREAS, today, that reserve force, which was founded with 360 doctors, is known as the United States Army Reserve, which is a specialized force of over one million "Warrior-Citizens of America"; WHEREAS, the concept of the Army Reserve sprung from the ideal of the federal "citizen soldier," first proposed by George Washington and the Founding Fathers over 200 years ago; WHEREAS, in 1916 Congress passed the National Defense Act that created the Officer's Reserve Corps, the Enlisted Reserve Corps, and the Reserve Officer's Training Corps; WHEREAS, more than 160,000 Army Reserve soldiers served on active duty during World War I, and more than 200,000 Army Reserve soldiers were serving their country on active duty on every front by the end of World War II; WHEREAS, the brave and dedicated soldiers of the Army Reserve serve on the front lines of the first wars of the 21 st century as operations continue in both Iraq and Afghanistan; and WHEREAS, commands throughout the Army Reserve have hosted events in 2007 and will host events in 2008 to celebrate its illustrious birthday and demonstrate "100 Years of Army Strong." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recognizing and commending the United States Army Reserve on the occasion of its loath anniversary. 2. The City Clerk is directed to forward an attested copy of this resolution to the United States Army Reserve. ATTEST: City Clerk ~ f~~) 1;':~~ ~ } ~.f ii, '=-"' /: "" .oJ",-- " - 1~~,,/H,.., v......') -", T i-.'--:-"'~:'''~' '",',~':"'I!,-~~,fJ.,: t:,,~'';.' .,' . -'" ,\ .' .." ~ .!. '\i lL ([~~ 11 \'-~' iL c' CI1~~~{ () }~' ~{J:) l~JEJ WHEREAS, emergencies can occur at any time, and the prompt response of police officers, firefighters and paramedics is critical to the protection of life and the preservation of property; and WHEREAS, the safety of police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens. who telephone the City of Roanoke E-9ll Center; and WHEREAS, public safety telecommunicators are the first and the most critical contact that citizens have with emergency services, and they provide the single vital link for police officers and firefighters by monitoring activities by radio, providing information and ensuring safety; and WHEREAS, public safety telecommunicators of the City of Roanoke E-911 Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, and each public safety telecommunicator has exhibited compassion, understanding and professionalism during the performance of their duties. NOW, THEREFORE, 1, C. Nelson Harris, Mayor of the City of Roanoke, Virginia, in honor of the men and women whose diligence and professionalism keep the City and its citizens safe, do hereby proclaim the week of April 13 - 19, 2008, throughout this great All-America City, as NATIONAL PUBLIC SAFETY TELECOMMUN/CATOR'S WEEK. Given under our hands and the Seal of the City of Roanoke this seventh day of April in the year two thousand and eight. ~ ATTEST: LkQ J ' . \} ~ eo' . ~v~~~ ~h1.llt...., Stephanie M Moon City Clerk C. Nelson Harris Mayor 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 ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us JESSE A. HALL Director of Finance email: jesse_hall@ci.roanoke.va.us April 1, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor and Council Members: April 1 is a significant date for me. I began my career with the City thirty-three years ago, and symbolically, on this anniversary, have decided to announce my retirement effective July 1, 2008. I have truly been blessed with opportunities during my career with the City. In addition to the many friendships that I enjoy, I have had the opportunity to work with many dedicated and dynamiC city leaders. This decision is not one that I have taken lightly. I am not retiring to pursue another career at this time, nor are there health issues involved. Nothing is "wrong" and, to the contrary, everything is right. Despite the current challenging economy, the City is in good financial condition and will weather this economic downturn as we have weathered others in the past. Each of the areas under the Directorate of Finance, Real Estate Valuation, Finance, Retirement, and Billings and Collections, all have experienced and capable managers. The daily work as well as many ongoing projects will continue uninterrupted. I have the greatest respect for you as Council members and will leave you with sincere gratitude and best wishes for the continued progress of our City. Sincerely, /l.., f.A~ II Jesse A. Hall Director of Finance CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 7, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request to Schedule a Public Hearing regarding Vacation of a Drainage Easement along Tax Map No. 6520106 on Thirlane Road Background: Farmers Warehouse, Inc., owner of Tax Map No. 6520106, located at 3726 Thirlane Road, has requested a City drainage easement running along its property be vacated. A public hearing is required to consider and approve the vacation of this easement. Recommended Action: Authorize the scheduling of a public hearing to consider the vacation of the easement for April 21, 2008. Respectfully submitted, Darlene L. Bur ham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CM08-00044 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 April 7, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request to Schedule a Public Hearing for the Sale of City-Owned Property Background: The City of Roanoke owns approximately 12.17 acres of land in Roanoke County, Tax Map # 089.00-03-35.00-0000 located atJae Valley Road - off Carr Rouse Road. Sandra R. Reedy has leased approximately 7.05 acres as horse grazing pasture for the past four (4) years. The remaining 5.12 acres was previously used as a tree farm. Mrs. Reedy has made an offer of $40,800 to purchase the entire site. The offer amount is the appraised market value. A public hearing is required prior to the City Council authorizing the sale of this City-owned property. Recommended Action: Authorize the scheduling of a public hearing to consider the sale of the aforementioned property for April 21, 2008, at 7:00 p.m. Respectfully submitted, Darlene L. B cham City Manager Honorable Mayor and Members of City Council April 7, 2008 Page 2 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00048 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 April 7, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request for a Public Hearing Background: Pursuant to the requirements of the Code of the Commonwealth of Virginia, the City of Roanoke is required to hold a public hearing to consider the granting of a conservation easement over City owned property. A conservation easement has been proposed for 6,185 acres of the Carvin's Cove Natural Reserve. The proposed conservation easement and letter of intent have been submitted to and approved by the Virginia Outdoors Foundation, and the Western Virginia Land Trust, which would be the beneficiaries of the conservation easement. Recommended Action: Schedule a public hearing to be held on Monday, April 21, 2008, at 7:00 p.m., on the above matter. Respectfully submitted, Darlene L. Burc City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager Steven C. Buschor, Director of Parks and Recreation CM08-00047 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Alvin L. Nash, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, for a term commencing April 1 , 2008 and ending June 30, 2010, according to the best of my ability (So help me God). ~ c:2t:Sh - Subscribed and sworn to before me this 1 st day of April 2008. J~~~ Twenty-Third Judicial Circuit of Virginia L\CLERK\DA T A\CKSM I \Investiture\Nash 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, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 8, 2008 James T. Phipps, Director Court and Community Corrections P. O. Box 1725 Salem, Virginia 24153 Dear Mr. Phipps: This is to advise you that the Honorable Jacqueline F. Ward Talevi has qualified as a City representative to the Court Community Corrections Program, Regional Community CriminalJustice Board, to fill the unexpired term of Julian H. Raney, Jr., ending June 30, 2008. Sincerely, ~'rY1. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary, City Clerk's Office Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jacqueline F. Ward Talevi, 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 City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, to fill the unexpired term of Julian H. Raney, Jr., ending June 30, 2008, according to the best of my ability (So help me God). (j {l,c:::eJJ ~~ I/~ Subscribed and sworn to before me thiS~Y Of~8. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ERK K:\oath and leaving service\Court Community Corrections Program Regional Community Crimi ani Justice Board\Judge Talevi oath June 3D.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, CMC Assistant City Clerk STEPHANill M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 8, 2008 Stanley G. Breakell, Chair Roanoke Public Library Board 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: This is to advise you that Herbert D. McBride has qualified as a member of the Roanoke Public Library Board, for a term ending June 30, 2010. Sincerely, Stephanie M. Moon, CMC City Clerk SM M :ew pc: 'Sheila S. Umberger, Secretary, Roanoke Public Library Board Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary, City Clerk's Office K:\oath and leaving service\roa pubiic iibrary board\Herbert D. McBride qualification,doc Oath or Affi rmation of Office "\ Commonwealth of Virginia, City of Roanoke, to-wit: I, Herbert..:D. McBride, 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 Roanoke Public Library Board, for a term ending June 30, 2010, according to the best of my ability (So help me God). -ji-4J ~ ?JI--z:k Subscribed and sworn to before me this ZO day of ~008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BdaMN\fl1::fwp~ , CLERK CI1)\ [:i L\CLERK\DA T A \CKEWl \oalh and leaving service\roa public library board\Herbert H, McBride oath 07,doc 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: c1erk@roailOkeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 8, 2008 Carl H. Kopitzke, Chair Parks and Recreation Advisory Board 2314 Martin Lane, S. W. Roanoke, Virginia 2401 5 Dear Mr. Kopitzke: This is to advise you that Thomas Pettigrew has qualified as a member of the Parks and Recreation Advisory Board for a term ending March 31, 2011. Sincerely, Stephanie M. Moon, CMC City Clerk SMM:ew pc: Nicole R. Ashby, Secretary, Parks and Recreation Advisory Board Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary, City Clerk's Office Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas Pettigrew, 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 Parks and Recreation Advisory Board for a term ending March 31, 2011, according to the best of my ability (So help me God). ,-J~ 9-~ Subscribed and sworn to before me this d.5- day of /l1t2;u/L 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY 1(a~Cc~ ,CLERK o K:\oath and leaving service\Parks and Rec\Thomas Pettigrew oath 3 2011.doc 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 April 7, 2008 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 Ken Mundy for a presentation on behalf of the Roanoke Adolescent Health Partnership. Respectfully submitted, Darlene L. Bu cham City Manager DLB:ld c: City Attorney Director of Finance City Clerk ~ 11 /--....J ( /"'~,.", / '.._~ .... . ('\ )" f ""~, i __/-0\\ . ./ 1 /'..-'~~\;).... ',v/ \ (\>~/./ J ";, ~ \ ......................;''' J \ / \, /1 "-.. . - i- ~:~ ~ ~) [ ~ .~ fi ( ."'- '-~( -----:;;, ,-- ,-!, , "', , 1 ~-1l-=>\' / '" '\, i ) \. \_---S \ .-..^~, V) ;' / \ I ! ~.j J '\. ;,--:-: I ; /..: _.J / I j j-- " /; i /"'> ; ,,\.. f r,r-" \ l r- f v"",) i '-....) !! I ; ..,/ ; r"- 'ff ;; , (/ tv '" "-..; 'v 1) ; "'-v' \ II [ ) Roanoke Adolescent Health Partnership Making a Difference.. , . One Teen at a Time. TEEN RISKS Depression/Stress Low ,Self-Esteem Substance Abuse STD's Pregnancy High-Risk Behaviors School Drop-Outs Poverty Obesity/Eating Disorders Violence, Homicide, Suicide 2007 YRBS Results Roanoke City 57.1 % of 10th and 12th graders have had sex l2.5% have had sex before age 13 24.6% had 5 or more drinks in the last 30 days 17.9% seriously cO.nsidered suicide in last 12 nonths L3.7% actually attempted suicide in last 12 nonths ~7% of teens visiting RAHP Teen Centers do ne lave health insurance 2007 YRBS Results Roanoke City 33.4% of 8th graders have had sex 23.4% have had sex before age 13 30.5% had their first drink before age 13 29.0% rode in a car driven by someo\nedrinkin~ alcohol 19.9% seriously considered suicide in last 12 months 9.5% actually attempted suicide in last 12 mont The RAHP Mission RAHP is dedicated to improving the lives of teenagers by providing free and easily-accessibI :;omprehensive health care services. RAHP unites parents, teens, health care provide Ind community members for the purpose of Iddressing the emotional and physical needs of :eens, on an individual and group basis. RAHP ot-For~Profit Organization istory of providing comprehensive healthcare with no It of pocket expenses to adolescents for 16 years ertified staff includes Medical Doctors, Nurse ractitioners, RN's and Clinic Assistants RAHP Teen Health Clinic Locations ?atrick Henry High School - On Campus Site ~leming/Ruffner ichools - On Campus Site -Iurt Park Clinic - Community Site RAHP Eligibility 1 adolescent, age 10-19, is eligible to use . AHP's Teen Health Clinics withe written lrental consent on file. ~re is NO out-of-pocket expense for-'allY. iolescent, parent or family. As part of; the oanoke City Health Department policy, all ~rvices provided are billed to insurance. Roanoke City Health Dept. ROANOKE I'D" 'H" . 'VIIGINfA :' .' " . '.' ,D,EPARTW.Nf ., ,mHEAtIK ctnr~'Md~~ Private Funding RAHP Partners Roanoke City Schools ROANOKE CITY PUBLIC SCHOOLS Strung Students. Strong Schools, Strong City. Roanoke Redevelopment and Housing Authority Donations RAHP Staff-16 full and part time + 1 Executive Director + 1 Administrative Secretary III + 3 medical doctors -1 two days per week - 2 work Y2 day per week and also act as RAHP co-medical directors - Carilion volunteers + 3 nurse practitioners (2 part-time ) + 1 public health nurse (part-time) +2 health educators (1 part-time) + 3 clinic assistants (one unfunded vacancy) +2 secretaries - 1 part-time Budget Total FY2008 $618,584 FY2008 Cash $358,484 FY2008 In-kind $260,100 Funding Sources Billing Revenue - 11 Ok State Teen ,Pregnancy Prevention Grant - 78k Carilion - Barnhart Fund - 50k City of Roanoke/RCPS 25k Human Services Committee 24k Thurman Foundation 15k Foundation for Roanoke Valley 26k Corporate Funding 18k United Way 4k Special Events & Individual Contributions 8k 1Jices Offered by RAHP ~ Illness and Injury Treatment ~ Prescriptions ~ Sports Physicals ~ Immunizations ~ Family Planning RAHP Priorities Health Maintenance Health Educ'ation PREVENTION Acute Care Chronic Care RAHP CURRENT STATS Und~plicated Teen Health Clinic Patients Patients Served FY2004 - FY2007 3500 3000 2500 2000 1500 1000 500 o Patients Served . FY200 III FY200 II FY200 . FY200' RAHP CURRENT STATS Total Number of Teen Health Clinic Visits 6000 5000 4000 3000 2000 1000 o Number of Clinic Visits . FY201 III FY20l III FY201 . FY201 RAHP CURRENT STATS FY2007 Visits by Type and THe 3,500 3,000 2,500 2,000 1,500 1,000 500 . Child Health II Fam lIy Planning Ii 1m muniutlon III aT!) a Mental Health iii Health Ef;h,u.ation Ii Ph slcals .. 849 169 61 60 46 aQO 911 20a 96 109 6S 3~ Off..sit& Total Patrick Henl1 3~l1S 1,: Hurt Park 1~117 2" 341 Fleming/Ruffa l' 238 , Off-Site 122 Total S64 S' , 241 241 1,409 740 184 69 11 15 RAHP HONORS & A WAR"DS 2006 Small Business Award Nominee 2004 Community Partner with Greatest In- Kind Support, Roanoke City Schools 2000 National Premier Cares Award - 3rd Best Non-'Profit in the Nation 2000 Merit Award - National Association of Housing and Redevelopment Officials RAHP FUTURE GOALS ~ Hurt Park Full Time Clinic ~ Increase access to care for adolescents ~ Increase percentage of parents returning co.nsent forms at school clinics ... Increase visibility and promotion of adolescent health care 4HP FUTURE GOALS - ( cont.) ~iversify and increase funding sources lcrease service to counties throughout the ,oanoke Valley lcrease advocacy for adolescents /1 j ( /-.",..,.'"',......-...~ \ /:-'"'-----"'''\ ../d/ ' ',........,..,.,.,. ""'t ( - ("//;'\\'~\ ) i ''-',' 0 ,,/ ::. /" ,~, :.lJ"" \ (\,\J/// J \ \_-.;"""~"'- I \ / '\, / ~ / ~ v~ "'-=, t..- -~ - ~~ t/.(~;= p, ~;.;...- 'I' /7/", "-'0 ~.v "~l f (!f -....~ ~I ~ ~-"^"'""- ~.. I J ! '.., '\....... \ 1 f '~""..... ; ",' t ~ ~. '\ \. l, "'--........5 <::-~ \ ,. '" l' ii'......-~ I I' (" " '. '------1 ~A_. v) r'/ \)1 Ji! 1\ J ) //'j ~ /:=_ I r I j ~ ( 1',.,./'" \, III j- r)! f......./ ~ ,,"-... Jf 111/"/ U'--,,~~I L I} 11:, ,r) /' v \ L i. Roanoke Adolescent Health Partnership Making a Difference. . . One Teen at a Time 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, CMC Deputy City Clerk CECELIA R, TYREE Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk April 8, 2008 Jacqueline L Shuck, Executive Director / Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Shuck: I am attaching copy of Resolution No. 38048-040708 approving the Roanoke Regional Airport Commission's 2008-2009 proposed operating and capital budget, upon certain terms and conditions. The abovereferenced measure was adopted by the CounCil of the City of Roanoke at a regular meeting held on Monday, April 7, 2008. Sincerely, m. ~Ihv Step anie M. Moon, CMC City Clerk SMM:ew Attachment pc: Wanda G. Riley, CPS, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 Cathy Pendleton, Secretary, Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget ~ oJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008.. No. 38048-040708. A RESOLUTION approving the Roanoke Regional Airport Commission's 2008-2009 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6,1996, the City of Roanoke hereby approves the Airport Commission's 2008-2009 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 26, 2008. ATTEST: J ~m.~ City Clerk. K:\Measures\Airport Commission Annual Budget 200B.doc 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 April 7, 2008 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 Jacqueline L. Shuck, Executive Director of the Roanoke Regional Airport, for City Council to approve its Fiscal Year 2008-2009 Operating Budget. Respectfully submitted, Darlene L. rcham City Manager DLB:jb c: City Attorney Director of Finance City Clerk 5202 Aviation Drive Roanoke, VA 24012-1148 (540) 362-1999 FAX (540) 563-4838 www.roanokeairport.com Lll. ~rlj ROANOKE REGIONAL AIRPORT COMMISSION March 26, 2008 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Roanoke Regional Airport Commission Fiscal Year 2008- 2009 Budget and Proposed Capital Expenditures Dear Mayor Harris and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2008-2009 Operating Budget (Attachment I) for approval. This Budget was adopted by the Commission at its meeting on March 20, 2008. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. ~~ Jacqueline L. Shuck Executive Director Enclosures cc: Chairman and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission William Hackworth, Roanoke City Attorney Stephanie Moon, Clerk, Roanoke City Council csp032608 , Comm \2008citycountybudgeL1tr \:: Attachment I ROANOKE REGIONAL AIRPORT COMMISSION FOR YEAR 2008-2009 BUDGET 2007-2008 Amended 2008-2009 Budget Budget Percentage EXPENSE BUDGET Expenditures Expenditures Change 1 Operations and Maintenance Expenses A. Salaries, Wages and Benefits $3,971,668 $4,199,515 5.7% B. Operating Expenditures 3,152,845 3,155,510 0.1% C. Other Maintenance & Improvement Projects 95,468 155,500 62.9% Total Operations and Maintenance 7,219,981 7,510,525 4.0% 2 Non-Operatina Expenses A. Interest 234,375 200,045 -14.6% B. Debt Service 484,325 507,693 4.8% Total Non-Operating 718,700 707,738 -1.5% 3 Capital Expenses A. Capital Projects and Purchases 244,650 400,075 63.5% Total Capital Expenses 244,650 400,075 63.5% Total Budgeted Expenditures 8,183,331 $ 8,618,338 5.3% 2007-2008 2008-2009 Projected Projected REVENUE PROJECTIONS Revenues Revenues Change 1 Operatina Revenues A. -' Airfield $1,542,856 $1,502,600 -2.6% B. General Aviation 402,695 375,637 -6.7% C. Terminal Related 4,979,160 5,169,637 3.8% D. Other Revenues 313,952 346,198 10.3% Total Projected Operating Revenues 7,238,663 7,394,072 2.1% 2 Non-Operatina Revenues A. I nterest from Debt Service 36,000 40,000 11.1% B. Interest on Investments 759,081 828,634 9.2% C. State Funds 311,008 438,400 41.0% D. Federal Reimbursable Funds 129,900 137,400 5.8% E. Gain/(Loss) on sale of assets 0 0 Total Projected Non-Operating Revenues 1,235,989 1,444,434 16.9% Total Projected Revenue $ 8,474,652 $ 8,838,506 4.3% ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) I. Projects A. Construct Baggage Screening Area : 1. Description: Expand the baggage make-up area behind the airline ticket counters and install HV AC. 2. Justification: In order to move the TSA's baggage screening processes from the terminal lobby, the baggage make up area behind the ticket counters needs to be expanded and adequate heating and cooling installed. Estimated Cost: $1,500,000 B. Replace Roof on Terminal Concourse: 1. Description: Replace the tar based roof located above the terminal concourse. 2. Justification: While the roof on the main terminal was replaced in 2007, the concourse roof is nearing 20 years in age and is reaching the end of its useful life. Estimated Cost: $600,000 C. Motorized Shades on Terminal Front Windows: 1. Description: Install motorized window shades along the front window wall of the terminal building. 2. Justification: During certain times of the year the light and glare from the sun have created problems for both airline and rental car employees. With the introduction of airline check-in kiosks, the glare problems are now affecting the passengers. Computerized, motorized window shades are now available to offer relief from the sun's glare and to reduce energy costs. Estimated Cost: $125,000 II. Anticipated Funding Sources: State Aviation Grant Funds Commission Capital Funds City and County Funds $1,780,000 445,000 o Estimated Total Projects Funding $2,225,000 RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 20th day of March 2008 No. 06-032008 A RESOLUTION approving and adopting the Commission's Operating and Capital Purchase Budget for fiscal year 2008-2009. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2008-2009 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 20, 2008, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2008-2009 Operating and Capital Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contr~,G~ ;.p~tween the Commission, Roanoke City and Roanoke County dated January 2S".198'7,\'a~l~eil(;lyd. \. . ').' \ ,," . "', " '\ C)(,~ JJ;;;~ sec~'.~," ".:' " ~...~, '\ \ \ ' ' I / _ '. ~ \ ' l ' \ '"1 i ') I VOTE: AYES: Dooley, Macfarlane, Minnix, Turner NAYS: None ABSENT: Stewart 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 April 7, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle., Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wishneff, Council Member Re: Blue Ridge Housing Development Corporation Dear Mayor Harris and Members of City Council: The appointment by Council of Alvin L. Nash to City Council will necessitate the application by the City to the United States Department of Housing and Urban Development (HUD) for an exception from HUD's conflict-of interest provisions. Mr. Nash, of course, is president and chief executive officer of Blue Ridge Housing Development Corporation (Blue Ridge), which receives substantial Community Development Block Grant (CDBG) and HOME Investment Participations Program (HOME) subgrants from the City each year which are funded by HUD. HUD's regulations generally would prohibit grantors such as the City from awarding a subgrant to an organization if anyone who benefits from the proceeds of such subgrant to the organization, such as by a contract of employment or any other financial interest or benefit, is an officer of the City, such as a member of City Council. HUD's regulations do provide for a process, however, whereby HUD may grant an exception to this provision, after consideration of a number of factors. See 24 CFR 570.611 for the provisions relating to CDBG, and 24 CFR 92.356 for the provisions relating to HOME. This letter is to advise Council of the HUD regulations, and our intent to apply to HUD for an exception. (Mr. Nash was aware of this requirement before his appointment.) Giving notice of this publicly is a requirement of the HUD regulations. Please let me know if you have any questions about this matter. Honorable Mayor and Members of City Council April 7, 2008 Page 2 Respectfully submitted, Darlene L. Burcham City Manager c: Stephanie Moon, City Clerk William Hackworth, City Attorney Frank Baratta, Budget Team Leader A- CITY OF ROANOKE OFFICE OF CITY ATTORNEY. 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW ROANOKE, VIRGINIA 24011-1595 RECEIVED Apn 1 :., ~I008 I i'\ I.i L I MA VORIS OFFICE WILLIAM M. HACKWORTH CITY AlTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva,gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANTCITY ATrORNEYS April 1 0, 2008 Tiffani C. Moore, Public Trust Specialist Community Planning and Development Division U.S. Department ofHUD, Richmond Field Office 600 E. Broad Street, 3rd Floor Richmond, VA 23219 Re: Alvin L. Nash Dear Ms. Moore: This is a request from the City of Roanoke for an exception from the U.S. Department of Housing and Urban Development (RUD) conflict-of-interest provisions of 24 CFR 570.611, relating to the Community Development Block Grant (CDBG) program, and 24 CFR 92.356, relating to the HOME Investment Partnerships (HOME) programs. On February 23, 2008, a member of the Roanoke City Council resigned. Council proceeded to advertise for applicants for the vacancy (the term of which runs until June 30, 2010), which by law Council was required to fill. Over twenty persons applied, and after narrowing the field to four candidates, and conducting public interviews and a public hearing on the final four applicants, Council unanimously selected Alvin L. Nash to fill the vacancy. (A copy of the resolution adopted by Council appointing Mr. Nash is attached.) Mr. Nash has been the president and chief executive officer of Blue Ridge Housing Development Corporation, Inc. (BRHDC), for over ten years. Blue Ridge Housing has received substantial CDBG and HOME sub grants from the City each year, which are funded by HUD. Copies of Mr. Nash's application for the Council vacancy as well as a list of current and planned CDBG/HOME contracts and projects are attached. HUD's regulations, of course, generally would prohibit HUD grant recipients, such as the City, from awarding a subgrant to an organization if anyone who benefits from the proceeds of . such sub grant to the organization, such as by a contract of employment or any other financial interest or benefit, is an officer of the City, such as a member of City Council. HUD's regulations do provide for a process, however, whereby HUD may grant an exception to this provision, after consideration of a number of factors. The relevant provisions of 24 CFR 92.356(d) and 570.611(d), and corresponding reasons from the City as to why the exception should be granted, follow: Tiffani C. Moore, Public Trust Specialist 4/1 012008 2 (d) Exceptions. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it has satisfactorily met the threshold requirements of (d)(1) of this section, taking into account the cumulative effects of paragraph (d){2)'ofthis section. (1) Threshold requirements. HUD will consider an exception only after the recipient has provided the following documentation: (i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and RESPONSE: The nature of the conflict is as described above. This conflict was made public by including on City Council's agenda of April 7, 2008, the attached letter from the City's City Manager to Council, describing the nature of the conflict. The Mayor read a statement into the minutes of this meeting based on the letter. Meetings of City Council are televised live, and rebroadcast periodically on the region's government channel, and a copy of the agenda is posted on the City's website. The matter has been reported by the local news media. (ii) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. RESPONSE: Virginia's localities are covered by the Virginia State and Local Government Conflict of Interests Act, Sec. 2.2-3100, et seq., Code of Virginia (Virginia localities are not permitted to adopt their own conflict-of-interest laws, since this Act is intended to be uniform throughout the Commonwealth). Sec. 2.2-3107 of the Act, which is applicable to elected or appointed members of City Council, generally would prohibit a member of Council (the City's governing body) from having a "personal interest" (such as salary or other benefits exceeding $10,000 annually; in this case, part of Mr. Nash's salary is paid with grant funds from the City) in a contract with the governing body. However, the Act provides in section 2.2-3110.A.6 that the provisions of Sec. 2.2-3107 do not apply to "grants or other payment under any program wherein uniform rates for, or the amounts paid to, all qualified applicants are established solely by the administering governmental agency [in this case, the City]." 1 believe that this exception to the Act applies under the circumstances outlined in this letter, (1 also note that Sec. 2.2-3107 of the Act does not apply to "contracts of employment" provided that the "employment first began prior to the member becoming a member of the governing body.") BRHDC is the City's primary nonprofit organization for development of housing for homeownership, and it is the City's only Community Housing Development Organization (CHDO). All CDBG and HOME grants from the City to BRHDC are based on a consideration that is established by contracts entered into by and between BRHDC and the City, and grant awards are, of course, a product of the public participation process mandated by HUD regulations for the development of CDBG programs, a process further described below. K:\wmh\ltr to HUD re nash.doc Tiffani C. Moore, Public Trust Specialist 4/1 0/2008 3 I should note that under Virginia law (see Sec. 2.2-3121 ofthe Act) I may only render advisory opinions on the Act. Only the Commonwealth's Attorney may render official opinions under the Act. ,For that reason, I am sending a copy of this letter to our Commonwealth's Attorney, with the request that he advise ifhe has any contrary interpretation ofthe Act. (2) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d)(J) of this section, HUD shall conclude that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project, taking into account the cumulative effect of the following factors, as applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; RESPONSE: Mr. Nash has over twenty years of experience in the housing industry, including, as noted above, his tenure as president and CEO of BRHDC for over ten years. In addition, as also noted above, BRHDC is the City's primary nonprofit developer of housing for homeownership and the City's only CHDO. Moreover, BRHDC provides certified housing counseling and homeownership education, and is the area's primary regional loan fund agency. It is also important to note that the twenty years of housing expertise ell-tails extensive experience in communicating with neighborhood groups and residents, factors of great significance and value in conducting housing and community development activities. In this regard, Mr. Nash had, prior to his appointment to Council, played a leadership role among nonprofit organizations preparing to address housing and other issues as part of the City's initiative to revitalize its Hurt Park neighborhood. Consequently, Mr. Nash's expertise and experience will playa vital role in assisting City Council to understand the deeper dimensions and practical considerations of neighborhood revitalization. At the same time, the City needs to retain the capabilities of BRHDC and provide it the CDBG and HOME resources to render feasible the construction of housing that must often be sold below cost as part of revitalizing our core neighborhoods. (ii) Whether an opportunity was provided for open competitive bidding or negotiation; RESPONSE: The present conflict-of-interest circumstance does not arise from a procurement issue in the strict sense. The City conducts application processes whereby community agencies may request funding, with such requests reviewed according to objective criteria in order to select those most advantageous to and in keeping with the needs of the community. The review process involves private citizens, as well as City staff. BRHDC participated in this process as an applicant, and tentative (since fmal decisions by City Council will not take place until its May 12,2008, meeting) awardee, for funding with respect to the fiscal year that begins July 1, 2008. However, BRHDC also participated in a collaborative planning process with the City and four other nonprofit housing agencies to present to neighborhood representatives a coherent and cohesive approach to revitalizing housing in the Hurt Park neighborhood beginning next fiscal year. Funding has also been designated, again, tentatively, for this five-agency partnership, including substantial funding for BRHDC. This latter process is within the authority of the City K:\wmh\ltr to HUD re nash.doc Tiffani C. Moore, Public Trust Specialist 4/10/2008 4 under the HUD rules, but, again, was not a procurement or competitive process. Nor was the multi-agency collaboration which was undertaken strictly a negotiation process; however, it represents the inter-agency coordination and linkage that HUD has long promoted. It should be noted that this conflict-of-interest circumstance, while arising as described above, should be seen in the broader context of the City's ongoing efforts to revitalize its core neighborhoods. BRHDC was a key player in the City's award-winning Southeast by Design pilot neighborhood revitalization project that ended in 2005; it has been a key player in the City's similar efforts in its Gainsboro neighborhood; and is anticipated to play a pivotal role as the City's attention transitions to Hurt Park and future neighborhood efforts. The funding of such efforts will always be public and participatory, but they will not necessarily be procurement or negotiation processes in the strict sense of those terms. (iii) Whether the person affected is a member of a group or class of low- or moderate- income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; RESPONSE: While Mr. Nash and BRHDC represent the interests of those of low or moderate income, in response to the HUD requirement that, as a CHDO, BRHDC must include such persons or representatives of such persons on its board, he is not himself a member of this group or class. (iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted activity in question; RESPONSE: Mr. Nash has proposed that he not participate with City Council in any discussion of any proposed CDBG or HOME grant funding during his tenure on City Council. The City would be open to consideration of any additional provisions that HUD might deem appropriate. (v) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; RESPONSE: As noted above, Mr. Nash has been president and CEO of BRHDC for nearly fifteen years. BRHDC has received CDBG and/or HOME funds from the City under numerous contracts since 1995. Tentative funding for BRHDC for the coming fiscal year was a matter of public record prior to the announcement of his selection for City Council on March 31, 2008. (vi) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and RESPONSE: Yes, for all of the reasons outlined above, if an exception is not granted, the City and Mr. Nash and BRHDC will all suffer undue hardship. There is no other CHDO in the City, K:\wrnh\ltr to HUD re nash.doc Tiffani C. Moore, Public Trust Specialist 4/10/2008 5 which places the City at risk for loss of the portion of HOME funds that must be committed to such agencies within regulatory timeframes. There is also no nonprofit housing agency currently prepared to assume the homeownership role filled by BRHDC. Most undue of the impacts, the inability of BRHDC to participate in the five-agency partnership to address housing needs in Hurt Park, would undermine a collaboration which has been nearly a year in development. Such impacts will not serve the public interest. The proposals outlined above made by Mr. Nash to mitigate against any conflict-of-interest will promote the public's interest in ensuring that there is no actual conflict-of-interest. The criteria to be met for an exception under HOME regulations (24 CFR 92.356 (d) and (e)) are the same as for the CDBG program, with the additional requirement that HUD "determine that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project." The HOME program is exclusively for housing to benefit those of low or moderate income, including rehabilitation, new construction, homeownership assistance, and improvement to rental housing. The City has been receiving HOME funds since 1992. For the 2008-2009 program year, the City estimates receiving $684,000 in new HOME funds. Including carry-over and program income, over $1.1 million is anticipated to be available. HOME funds are matched 12.5 per cent by the City. At least 15 per cent of each annual HOME grant must be invested in qualifying projects conducted by a Community Housing Development Organization. BRHDC is the City's only CHDO, so it would impose a hardship on the City not to be able to work with BRHDC to implement this program, as well as a hardship on our community. Granting an exception will certainly further the purposes of the HOME program, and ensure the continued effective and efficient administration of the City's projects funded through this program. Please let me know if we can provide any further information with regard to this request. We would appreciate your expeditious consideration of this request. Sincerely yours, LJ~}v\'~ William M. Hackworth City Attorney WMH/lsc Enclosures c: Ronnie J. Leggette, Director, CPD (w/encl.) The Honorable Mayor and Members of City Council (w/encl.) The Honorable Donald L. Caldwell, Commonwealth Attorney (w/encl.) Darlene L. Burcham, City Manager (w/encl.) Frank Baratta, Budget Team Leader (w/encl.) K:\wmh\Itr to HUD re nash.doc ~ \) IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 31st day of March, 2008. No. 38046-033108. A RESOLUTION appointing Alvin L. Nash as a member of the City Council for a term commencing upon his qualification and expiring June 30, 2010. WHEREAS, Alfred T. Dowe, Jr., member of City Council, has by letter dated February 23, 2008, resigned from City Council effective that date; WHEREAS, Mr. Dowe's term of office would have expired June 30, 2010. WHEREAS, the Circuit Court of the City of Roanoke has determined that no special election is required to fill Mr. Dowe's vacancy, and that Council is authorized to do so. WHEREAS, this Council is desirous of appointing Alvin L. Nash to fill the Council vacancy created by the resignation of Mr. Dowe for a term commencing upon his qualification and expiring June 30, 2010. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The resignation of Alfred T. Dowe, Jr., as a member of the City Council effective February 23, 2008, is hereby aclmowledged. 2. Alvin L. Nash is hereby appointed as a member of the Council of the City of Roanoke for a term commencing upon his qualification and expiring June 30,2010. 3. Pursuant to S59 of the City Charter, before entering upon the duties of a member of City . Council, Alvin L. Nash shall qualify for office by taking the oath prescribed by general law of the Commonwealth. ATTEST: 1n.~~ City Clerk. K:\Measures\appointing council memeberAlvin T. Nash 2008.doc ,. ,.. ll'~"'-. A ~1: ,'" ",'-r.;:-;,'-lii "j-''iTV 'C"'i q:~i! iiiH 'If~t< ilti Hft!t](11..:JC= __!. i . l...\-{:p.i.. ......_..~ h - APPLICA nON FOR APPOINTMENT ROANOKE CITY COUNCIL The undersigned does hereby apply to Roanoke City Council for appointment to the Roanoke City Council for a term through June 30, 2110. Name: Nash Print (last) Alvin (first) Leon (middle) Home address: 4415 Renfro Blvd. Street/number Roanoke VA. 24017 city/zip Home telephone Number: 540-562-2823 City Resident: yes Length of time at present address: since December 14th 2005 BusineS$,jlddress: 510 nth street Street/number Roanoke VA. 24022-1683 city/zip i . B~s telephone Number: 540-777-2777 exL 237 Are you over the age of 18? Yes Are you a citizen of the United States? Yes Are you registered to vote in the City of Roanoke? Yes. precinct: Peters Creek 1 " , Education: 1969 graduate of Lucy Addison High SchooL Attended Virginia Western Community College from 1972-1975. 1976 Completed the Virginia Apprenticeship Program and is certified in Electrical & Mechanical drafting and blue print interpretations. Completed numerous courses in grant writing and public speaking. I Certified (1980) as a group facilitator/trainer by the Mid-Atlantic Training Association in conflict resolution. and grOUp interaction skills completed advanced state' certifications in real estate [fiance training. tax credits. and construction management. Have you been an employee or officer of the City of Roanoke? If so, please explain: I have not been an employee of the City ofRoanoke~ however. I did serve as a Trustee of the Roanoke City School Board from January 2004 until June 2007. Present employment position: President and CEO of Blue Ridg.e Housing Development Corporation. Firm: Blue Ridge Housing Development Corporation Inc.. Blue Ridge Housing is a Class: A contractor and Home builder. Date employed: June 1997 Civic activities: (Offices(s) held honors, etc.) 1993 graduate Gfllie Leadership Roanoke Valley program. 1999 Governor' s Housin~ Achievement award- 2001 American Cancer Society Virginia Regional Outstandinf! Diversity award-Gamma Alpha Fraternity Inc. Roanoke CbaDter 2001 Citizen of the Year award-2005 Roanoke Regional Chamber of Commerce Small Business of the Year award in non- profit human services. I have served on the Board of Directors of eight private and IlOn-nrofit omani7JltiODS_ Availability of time to devote to this function: I have reviewed City Council scheduled meetings.. other Council committee functions and special meetings 'as well as civic duties. I successfu1lv man3f!,ed mv schedule while serving on the School Bo&"'tI and I fuil willing to commit the time needed to carry out the duties devoted to this function. The resr:-~nsibmtv of Council win not interfere with my role as President of Blue Ridge Housing 0.1' vice versa. Lists Ci~i related activities: I volunteer in the reading program with the Roanoke City Schools and I serve on the Roanoke Regional Housing Network ' 2 List previous experience an~ special abilities which might qualify you for this appointment: ' Experience: 10 years as President and CEO of Blue Ridge Housing Development Corporation. The corporation focuses on fIrst-time home buyers, community development, and consumer education. Blue Ridge Housing is a Class A contractor. Benefit: Bus~ess management, problem solving and multi-tasking. Experience: Trustee and member of the Roanoke City School Board serving a 3 and 1/2 year term ending in June 2007. Benefit: Public budget process, fmandal management, public administration & organizational development Experience: served as an Anger Management Counselor for Family Services of the Roanoke Valley from 1985 - 2002. Benefit: Ability to listen, maintain patience and problem solve Experience: Total Action Against Poverty, 22 years. During this time I served as Deputy Director, Director Housing Programs, Director of Youth Services and Founder and Director of the Southwest Virginia Community Food Bank. Benefit: Organizational development experience, research information and program management Summary of experience and special abilities which qualify me for this appointment: As a life long resident, I am committed to the progress of Roanoke City. I believe that this city remains a "balanced option" for an individual or a family to live a good quality life. Serving on Council will allow me an opportunity to contribute to that quality of life in the valley. I have a positive attitude about life and feel secure about taking advantage of opportunities. I have never been overwhelmed by the size of any problem because if the size of it gets you, there is little chance of a solution. I am a good communicator, a hard worker and I am committed to a core work value: "do what you have to do, when it is time to do it, whether you like it or not." I have always worked well with a team. I excel in compromise and cooperation while retaining my integrity and responsibility, I call it Leadership. I don't see this appointment as that of a caretaker but rather a facilitator with the serious responsibility to work with the other six members of Council and the City Manager in moving the City forward and improving the confidence in City Council. I have given back to my community in many ways but the best way to give back is to serve. I have 25 years of experience in various forms of Business management, program development and community involvement. I feel confident that my experience can serve the community and assist City Council. 3 State your philosophy of local government: I believe local government should provide governance in the form of leadership for the good of the community. Local government is about balancing views. resources and needs and making decisions that are best for the community. There are five areas that reflect my phil?sophy of local government: 1. It should be efficient in spending tax dollars and managing assets for which it is. responsible. 2. It should keep the community informed about its activities and listen to the concerns of the community. Local Government should emphasize open communication and easy access for the lJublic. 3. It should provide public services such as roads. water supply. safety. sewerage and have appropriate emergency protection plans. 4. It should support the economic and cultural develolJment of its communities and protect the envirOnIilent. 5. I~ should represent its constituents to other state and federal governments. Have you ever been convicted of a law violation, including moving traffic violations, since your 18th birthday? NO Have you ever been convicted of a felony? NO Have you 4jtver been convicted of a misdemeanor involving moral turpitude (any offense involving lying, stealing, or cheating) since your 18th birthday? No eedings pending against you? No }MAJ20ld 7/ Zoo JY ./ Signature of Applicant Date stephanie M. Moon, City Clerk Room 456, Noel C. Taylor Municipal Building 4 ell = ...... -e = = ~ ~ ~ o 8 ~ ~ U -e ~ = = ~ - ~ -e = ~ rI.l ....- c.J ~ J..4 ....- = o U ....- = ~ J..4 J..4 = U . ~ ~ o U ....- = ~ a ~ o - ~ > ~ ~ ell = ...... rI.l = o == ~ ell -e ~ ~ = - ~ 00 Q Q f'l ;.-. ... ~ = ... .c III ~ '" .... = III e e Q u 00 S2 S "0 ., ::l '" .~ .... o ~ I:: o o "0 B ::l o ., &S r-- S2 ~ - "0 ., ::l '" ,~ .... g b I:: o o "0 B ::l o ., &S - ~ ~ ~ "0 ~ E-I;J o oo:::t ...... 0 0 o ~ 0 ~" M' ::; V'lV'I_ N '<t - -~ ~~ 80 [""'= o r-- 0 o 00 r-- N V)'" <"'l '" r-- '<t - c;~ ....P::i Q~ E-Iu 000 o 0 '<t 000 0'" V)'" c\ ~ ("') ~ ., '" Cd ..0'" i.f tIl '0 0 ~ """ tf.l"'+:: "t:i"B ~~]~ ~ 3 86]g .Q~ p..~u(J C;~ gp lii i5.kl e., 00 'lD ;g 8"0 8 0 S2 ~ ~ ~~ ~ j ~ ..t6S.!f .s:>;;] ~.!f]1ll ~~"::l r--f 11.) """ = .-l ........ ~ ...... - V) tE:.,8 ... ... 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S ~ _ (J r--$ r-- S2 o S , r-- ~ N .'[ ~ ~ ~ .~ lii lii ~ (3 (3 9 (;j;g:g 8 :~ ~ ~ U r-- 00 100 8 ~ ~ ~ t:l-o tI) 1 1 U U U U ~ ~ ~ ~ !l:l !l:l!l:l!l:l o '<t o 0 o V'I l,f)"' ""," r-- '" 0, - o o \0 o N o '" 1,(')" 1.(')'" r-- \0 '<t ....r 00 ~ ~ N , 00 ~ ;::; o 0\ r-- '<to \0 '<to - '3 ~ ~~ I~ '" ., "0 ~ ~- ~~ .. '" '""'::l ~ .5 <: 8 ~c: ~~ ''= Q.. 8 ~ t:l-o 0 .~ ~ "'"0 .~ :.::= :5 ~ ] 00.9 ~ .~] r' 5"0 00 ::r: ~ .5 ., I:: ., - '" !l:l ~ ~ ~ 'E 8 .~ ~~ 8 ..( 0 t:l-o U 00 ] ~.~ :a C!:l'2 ~ ...; s ~ U .9 ., .g '""' V'I ;; <xi \0 "" .... '" ~ ~ o '" - r-- I:: o ., 8 o o .5 I Q.. .,. ~ .<: Q.. ., ] .5 '3 '" 13 ..5 cs - - 13 ] I:: S 'J:3 ~ '0 s o ., ... ., 8 o o .5 ! 8 Q.. ~.. l o .... o .g, 8 t:l-o 00 ~ S "0 ., > 'OJ o ., ... "0 ., ., "0 1 .~ S ~ ::r: ] ... <8 00 .5 "0 5 Q.. 00 ,5 ~ ~ s ~ ffi ~ ij .~ ::g ~ ~ o '" r;; ~ ~ ~ ., 6 .,g. "0 5 ::l tI) .3 u u ~ ~ C!:l !l:l N "" 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, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 8, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38049-040708 authorizing the City Manager to execute Amendment NO.2 to the Agreement for the Development of Colonial Green dated December 27, 2004, such Amendment No.2 to be entered into by the City of Roanoke and Colonial Green, L. c., 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 Monday, April 7, 2008, and is in full force and effect upon its passage. Sincerely, ~M.~ Stephanie M. Moon, CMC 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 Thomas N. Carr, Director, Planning Building and Development v<\ ~)l.- ..L .fi 'i>~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2008. Nol 38049-040708. AN ORDINANCE authorizing the City Manager to execute Amendment NO.2 to the Agreement for the Development of Colonial Green dated December 27, 2004, such Amendment No. 2 to be entered into by the City and Colonial Green, L.c.; and dispensing with the second reading by title of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attomey, Amendment No.2 to the Agreement for the Development of Colonial Green dated December 27,2004, to be entered into by the City and Colonial Green, L.c., all as more fully set forth in the letter to this Council dated April 7, 2008. 2. Pursuant to the provisions of S 12 of the City Chmier, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: ~'rn,~ City Clerlc O-Amendment NO.2 to Colonial Green.doc 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 April 7, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment No.2 to the Agreement for the Development of Colonial Green Background: Ordinance No. 36927-122004, adopted December 20, 2004, by the City Council authorized execution of an agreement between the City of Roanoke and Colonial Green, L.c., for the development of Colonial Green, and the conveyance in phases of approximately 23 acres of City property on Colonial Avenue in exchange for the development and creation of a traditional mixed- density neighborhood consistent with the Vision 2001-2020 comprehensive plan. City Council adopted Ordinance No. 37082-060605, on June 6, 2005, to authorize execution of an amended development agreement to reflect changes to the development plan that became necessary during the process of rezoning the property. Considerations: On November 1, 2007, Colonial Green, L.c., applied for an amendment to the development plan and proffered conditions associated with the MXPUD zoning district. The approval of this zoning amendment triggers the need to further modify the development agreement. The current development agreement specifies that the developer will create a minimum of 42,000 square feet of "live/work space" as part of Phase I development. The zoning amendment would permit the developer to have the buildings near Colonial Avenue Honorable Mayor and Members of City Council April 7, 2008 .LJ Page 2 occupied entirely by commercial uses. To permit the change in the type of development, the term "live/work" needs to be replaced by "commercial or commercial! residential" in the Agreement authorized by Ordinance No. 36927- 122004. A revised version of the Pattern Book was also adopted as part of the zoning amendment. The proposed Amendment NO.2 to the Agreement references the revised Pattern Book dated January 17, 2008, which will apply only to a 2.466- acre parcel of land identified as Lot 1, Colonial Green Subdivision Phase 1. The original Pattern Book, dated February 17, 2005, will continue to apply to the remaining portions of the Colonial Green property. A copy of the proposed Amendment No.2 to the Agreement is attached to this report for City Council's review and information. Recommended Action: Authorize the City Manager to execute Amendment No. 2 to the development agreement on behalf of the City of Roanoke, such Amendment No. 2 to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. B cham City Manager Attachment 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 Thomas N. Carr, Director, Planning Building and Development CM08-00043 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, CMC Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 8, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38050~040708 authorizing the City Manager's issuance and execution of a Change Order to the City's contract with Alan L. Amos, Inc., for a reduction in the amount of work and contract amount for the removal of precast panels at Market Garage; 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 Monday, April 7, 2008, and is in full force and effect upon its passage. Sincerely, A~'m,~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Philip C. Schirmer, PE, LS, City Engineer ') . .X' Pi }, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2008. No. 38050-040708. An ORDINANCE authorizing the City Manager's issuance and execution of a Change , Order to the City's contract with Alan L. Amos, Inc., for a reduction in the amount of work and contract amount for the removal of precast panels at Market Garage; 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 City Manager is hereby authorized, for and on behalf of the City, to issue and execute a Change Order to the City's contract with Alan L. Amos, Inc., for a reduction in the amount of work and contract amount for the removal of precast panels at Market Garage, all as more fully set forth in the City Manager's letter to this Council dated April 7, 2008. 2. The form of such Change Order shall be approved by the City Attomey. 3. Such Change Order will provide authorization for a reduction in the amount of the work, with a decrease in the amount of the contract in the amount of$110,966.80, all as set forth in the above letter. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: ~~M.~~ City Clerlc. O-Alan Amos Contract Amendment.doc 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 April 7, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Change Order No. 1 Removal of Precast Panels Market Garage Background: Alan L. Amos, Inc. was selected as the contractor for an emergency procurement to remove precast panels from the Market Garage, which is located at 25 Church Avenue, SE. Alan L. Amos, Inc. contracted to complete the required work for the amount of $367,000.00. Since the Engineering Division later determined that all of the original work was not needed, the contractor completed the work for $258,533.20, which is a difference of $108,466.80 from the cost. A further credit in the amount of $2,500.00 has been approved by the Engineering Division to delete portions of the temporary barriers that were erected at the garage. A change order to the contract is needed for a credit in the amount of $110,966.80, which consists of the credit of $2,500.00 to delete portions of the temporary barriers and the credit in the amount of $108,466.80 for the reduction of the overall amount approved under the original contract. Council authorization is needed because this modification to the contract changes the original contract amount by the greater of 25% of the original contract amount or $ 50,000, as required by the City Charter. Recommended Action: Authorize the City Manager to execute Change Order No. 1 with Alan L. Amos, Inc., for a credit in the amount of $110,966.80, which consists of the credit of $2,500.00 to delete portions of the temporary barriers, and the credit in the amount of $108,466.80 for the reduction of the work and overall amount approved under the original contract. Honorable Mayor and Members of City Council April 7, 2008 Page 2 Darlene L. Bur. City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, PE, LS, City Engineer CM08-00046 OJ 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, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R, TYREE Assistant Deputy City Clerk April 8, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38052-040708 appropriating funds from the United States Department of Agriculture and the Natural Resources Conservation Service to the Wiley Drive Upstream Low Water Bridge Replacement project, and amending and reordaining certain sections of the 2007-2008 Capital Projects 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 Monday, April 7, 2008, and is in full force and effect upon its passage. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director, Management and Budget Philip C. Schirmer, PE, LS, City Engineer IXY> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2008. No. 38052-040708. AN ORDINANCE to appropriate funding from the United States Department of Agriculture and the Natural Resources Conservation Service to the Wiley Drive Upstream Low Water Bridge Replacement project, amending and reordaining certain sections of the 2007 -2008 Capital Projects 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 Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Grant Funds Revenues Wiley Drive Bridge Replacement - USDNNRCS 08-530-9520-9002 301,350 08-530-9520-9520 301,350 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.~ 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, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 8, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38051-040708 authorizing the acceptance of a U. S. Department of Agriculture and Natural Resources Conservation Service Wildlife Habitat Incentives Program Funds grant for the replacement of the Wiley Drive Upstream Low Water Bridge; and approving certain Wildlife Habitat Incentives Program contract documents; and authorizing the City Manager to execute any necessary documents or agreements to receive, implement, and administer such grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2008. Sincerely, ~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director, Management and Budget Philip C. Schirmer, PE, LS, City Engineer ,?1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2008. No. 38051-040708. A RESOLUTION authorizing the acceptance of a U. S. Department of Agriculture (USDA) and Natural Resources Conservation Service (NRCS) Wildlife Habitat Incentives Program (WHIP) Funds grant for the replacement of the Wiley Drive Upstream Low Water Bridge; approving certain WHIP contract documents; and authorizing the City Manager to execute any necessary documents or agreements to receive, implement, and administer such grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the USDNNRCS WHIP Funds grant in the amount of $301,350, for the replacement of the Wiley Drive Upstream Low Water Bridge, all as more particularly set forth in the letter dated April 7, 2008, from the City Manager to this Council, and Council also approves the WHIP contract documents described in such letter. 2. The City Manager is hereby authorized to execute any and all requisite agreements and 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 hereby authorized to take any necessary action and execute such other documents as may be necessary to receive, implement, and administer such grant and complete the above project. ATTEST: ~m.ht 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 April 7, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Wiley Drive Upstream Low Water Bridge Replacement - USDA WHIP Funds Background: The City of Roanoke has received notification from the U.S. Department of Agriculture (USDA) and the Natural Resources Conservation Service (NRCS) that the City will receive reimbursement grant funding to support the replacement of the upstream Wiley Drive Low Water Bridge. The existing bridge is an obstruction to navigation and fish passage. Engineering Division staff has worked with representatives of the U.S. Fish and Wildlife Service (USFWS), the USDA, and the U.S. Army Corps of Engineers for several years to secure funding to replace the existing bridge. The project construction contracting will be coordinated by the USFWS and the City of Roanoke Engineering Division to provide services for the project. Project schedules are currently being developed. The approved amount of funding from the USDA Wildlife Habitat Incentives Program (WHIP) is $301,350. City staff was advised of the availability of grant funds for the City on March 25, 2008. In order to meet an April 1, 2008, deadline for funds allocation by the USDA/NRCS, the City has executed a Conservation Program Contract, a Conservation Plan or Schedule of Operations, ',i Honorable Mayor and Members of City Council April 7, 2008 Page 2 and a Conservation Plan document, with the USDAjNRCS for the above project. A copy of those documents is attached to this letter. Recommended Actions: Adopt a resolution accepting the $301,350 of USDAjNRCS WHIP Funds for the replacement of the Wiley Drive Upstream Low Water Bridge and approve the Conservation Program Contract and documents referred to above. Authorize the City Manager to take such further action and execute such other documents as may be necessary to obtain, accept, and administer such grant funds and complete the project. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $301,350 for funding from the USDAjNRCS and to appropriate the same in an account to be established by the Director of Finance in the Capital Projects Fund entitled "Wiley Drive Upstream Low Water Bridge Replacement USDAjNRCS". Respectfully submitted, Darlene L. Bu cham City Manager DLBjPCSjlmb Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager for Operations Philip C. Schirmer, P.E., L.S., City Engineer CM08-00049 US DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE NRCS-CPA-1202 OMB 0578-0013 Expires 9/30109 CONSERVATION PROGRAM CONTRACT Participant: Program and Contract Number: CITY OF ROANOKE WHIP 7233A7080NQ County and State: Subaccount: ROANOKE ~, VA Fish Passage Habitat (All Counties) Watershed: This agreement is effective on the date signed by the Natural Upper Roanoke Resources Conservation Service approving official and extends through 12/30/2017 1. The undersigned participants enter into this contract with the Natural Resources Conservation Service (NRCS) to implement and or maintain specific conservation practices, as set forth in the Conservation Plan or Schedule of Operations (NRCS-CPA-1155), on the property as identified on the plan map. In consideration for the implementation and or maintenance of the practices. the NRCS will make payments to the participant(s) in the amount(s) described in the Schedule of Operations as outlined in the appendix. 2. This agreement is comprised of this Conservation Program Contract form NRCS-CPA-1202, NRCS-CPA-1202 Appendix; NRCS-CPA-1155 Conservation Plan or Schedule of Operations and plan map which are fully incorporated by reference into this document and are binding upon the participant(s). The NRCS-CPA-1155 may be modified (NRCS-CPA-1156) upon agreement of NRCS and the participant and becomes a part of the contract when signed by the NRCS approval official. . 3. The participant(s) agree: A) to implement and maintain conservation practices for the life of this agreement on the plan map in compliance with the plan or schedule of operations and in accordance with the standards, specifications. and other special program criteria obtained from the local field office of the NRCS; B) to forfeit further payments under this agreement and refund the United States, in amounts determined by (3 A) NRCS, payments received hereunder upon NRCS determination that participant(s) have violated tlie material terms of this agreement or accept such payment adjustments as NRCS may deem appropriate if NRCS decides that the participant's violation does not warrant termination of the agreement; and C) to forfeit all rights to further payments under the agreement and refund to the United States, in amounts determined by NRCS, payments . received hereunder if the subject land is transferred to a non-participant during the term of this agreement, unless the third party agrees to assume this agreement, and (3 B) the NRCS consents to the modification. 4. CONTRACT PARTICIPANTS Name, Address, Telephone CITY OF ROANOKE 215 CHURCH AVE SW ROOM 364 ROANOKE, VA 24011 (540) 85 -2333 SSN or TAX 10 if applicable .....1569 rcham. City Date 0 {J "8' Signature required for modifications ./ Yes 0 No Payment Shares 100.00% Signature acceptable for payments ./ Yes 0 No 5. CONTRACT OBLlGA T'ONS Total $301,350 $301,350 6. NRCS APPROVING OFFICIALS I Appl ication Approval \ Jane Shaw , USDA electronic signature; manual signature not ~equlred. Contract Obligation Date: Date: 3/25/2008 Page 1 of 2 US DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE NRCS-CPA-1202 OMS 0578-0013 Expires 9/30/09 CONSERVATION PROGRAM CON"rRACT Participant: CITY OF ROANOKE Program and Contract Number: WHIP 7233A7080NQ OMB DISCLOSURE STATEMENT According to the Paper Work Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0578-0013. The time required to complete this information collection is estimated to average 0.69 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (U.S.C. 522a). Furnishing this information is voluntary; however, failure to furnish correct, complete information will result in the withholding or withdrawal of such technical or financial assistance. The information may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other state or federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. NONDISCRIMINATION STATEMENT The United States Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOO). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room326-W, Whitten Building, 1400 Independence Avenue, SW., Washington, D.C. 20250-9410 or call (202) 720-5964. Page 2 of 2 NRCS-CPA-1202-CPC (appendix) 10/2007 U. S. DEPARTMENT OF AGRICULTURE Commodity Credit Corporation APPENDIX TO FORM NRCS-CPA-1202 CONSERV ArlON PROGRAM CONTRACT 1 PROGRAM ELIGIBILITY REQUIREMENTS A The Participant must complete and file Form AD-1 026 (Highly Erodible Land Conservation and Wetland Conservation Certification) and meet the requirements set forth therein, in accordance with the Food Security Act of 1985, as amended. By signing this Conservation Program Contract (Contract), the Participant certifies that the Participant has completed and filed the AD-1 026 and meets the requirements set forth in the highly erodible land conservation-wetland conservation (HELC-WC) provisions. B The Participant must complete and file Form CCC-526 (Payment Eligibility Average Adjusted Gross Income Certification) and meet the requirements therein. By signing this Contract, the Participant certifies that the Participant has completed and submitted Form CCC-526 and meets the requirements therein. C The Participant must complete and file Form CCC-501A (Member's Information), or its equivalent, if he or she represents a business classified as an entity or joint operation by the U.S. Department of Agriculture (USDA) under 7 CFR part 1400. D The Participant must have control of the land for this Contract period. By signing this Contract, the Participant certifies that the Participant will control the land subject to this Contract for the terms of this Contract period and shall, upon request, provide evidence to Commodity Credit Corporation (CCC) demonstrating that such Participant will control the land for that period. Where applicable, the Bureau of Indian Affairs and the Natural Resources Conservation Service (NRCS) will determine Tribal/and eligibility. E The Participant shall not be eligible for Contract payments for: (1) practices that are required to meet HELC and WC compliance requirements found in 7 CFR part 12. (2) practices that are included in maintenance agreements (with financial reimbursements for maintenance) that existed prior to participation, (3) a non-land based structure that is not integral to a land based practice, or (4) practices that were applied with financial assistance through any other USDA conservation program. F Land otherwise eligible for the program shall not be eligible if the land is subject to a deed or other restriction prohibiting the application of the conservation plan and associated practices or where a benefit has or will be obtained from a Federal agency in return for the Participant's agreement not to implement the conservation plan and associated practices on the land during the same time as the land would be enrolled in this Contract. By applying for the program contract, the Participant certifies as a condition for payment that no such restrictions apply to the subject land. NRCS-CPA-1202-CPC (appendix), Page 1 of 11 NRCS.CPA-1202-CPC (appendix) 1 0/2007 G The Participant is responsible for obtaining the authorities, permits, easements, or other approvals necessary for the implementation, operation, and maintenance of the conservation practices in accordance with applicable laws and regulations. A Participant must comply with all laws and is responsible for all effects or actions resulting from the Participant's performance under this Contract. 2 SELECTING OFFERS FROM APPLICANTS All applications will be evaluated using a selection process developed by the State Conservationist (STC) , or Designated Conservationist, with advice from the State Technical Committee or Local Work Group. FormNRCS-CPA-1200, Conservation Program Contract Application, and this NRCS-CPA-1202-CPC (Appendix) represent a request to enter into the program under the terms specified in this Contract. 3 AGREEMENT A The Participant agrees to: (1) Place eligible land into the program for the period of time as specified on Form NRCS-CP A-1202 beginning on the date this Contract is executed by CCC; (2) Not start any financially assisted practice or activity or engage the reimbursable services of a certified Technical Service Provider (TSP) before this Contract is executed by CCC. The Participant may request, in writing, a waiver of this requirement for financially assisted practices by the NACS STC, or designee; (3) Secure funding for the desired services of a TSP through contract development or contract modification with NRCS before engaging the services of a TSP; (4) Apply or commence a financially assisted practice within the first 12 months from the date this Contract is signed by NRCS. The parti~ipant may request, in writing, a waiver of this requirement from the NACS STC, or designee for circumstances beyond the Participant's control; (5) Complete all cost-share practices at least one year before the expiration date of the Contract; (6) Establish conservation practices or activities described in this Contract as scheduled, to operate and maintain these practices or activities for the intended purpose for the life span or "period of adoption" identified in this Contract, and to comply with the terms and conditions of this Contract and all applicable Federal, State, Tribal, and local laws; (7) Share responsibility for ensuring that Form NRCS-CPA-1155, Contract Plan Schedule of Operations, is accurate and complete. The NRCS has no authority to compensate partiCipants for practices and/or activities that are not in the Contract at the time of obligation; NRCS-CPA-1202-CPC (appendix), Page 2 0111 NRCS-CP A-1202-CPC (appendix) 10/2007 (8) Not undertake any action on land under the Participant's control which tends to defeat the purposes of the program, as determined by CCC; (9) Discontinue work in the general area of the site and notify NRCS immediately if during the construction of any practice a previously unidentified endangered species, archeological or historical site is encountered; (10) Provide receipts, as necessary, as proof of payments, and to maintain proof of payment documentation for three (3) years after the end of the fiscal year in which the practice or activity was completed, and to present this documentation to CCC within 30 days if selected for administrative compliance check; (11) Allow access to the land under Contract to the CCC representative for monitoring progress on this Contract; (12) Supply records and information as required by CCC to determine compliance with the Contract and requirements of the program within 30 days of request; (13) Develop and implement all practices identified in a comprehensive nutrient management plan in those contracts that include a waste storage or treatment facility for contracts funded under 16 U.S.C. 3839; and (14) In the event of land transfer, notify NRCS within 60 days of the transfer of interest to an eligible transferee who accepts the contract's terms and conditions, or the contract will be terminated. 4 CONSERVATION PLAN A By signing the Contract, the Participant agrees: (1) That the conservation plan is hereby incorporated as a part of the Contract; and (2) To implement and maintain the practices and activities as identified and scheduled in the conservation plan. 5 PA YMENTS A Subject to the availability of funds, CCC will make payments at the rates specified in this Contract after a determination by CCC that an eligible conservation practice or activity has been established in compliance with the conservation plan, and in accordance with appropriate standards and specifications. In order to receive payments, the Participant, upon technical certification of the completed practice or activity, must execute and file with CCC a Form I'JRCS-CPA-1245, Practice Approval and Payment Application, along with any receipts, as necessary. NRCS-CPA-1202-CPC (appendix), Page 3 of 11 NRCS-CPA-1202-CPC (appendix) 10/2007 B Payments will be issued based on the unit rates provided in Form NRCS-CPA-1155, Conservation Plan Schedule of Operations. Payment amounts on Form NRCS-CPA-1155 reflect payment rates in effect for the year of Contract obligation. Subject to the availability of funds, payments for a practice implemented according to or ahead of schedule will be updated to reflect an indexed payment based on the Engineering News Review Construction Index in effect for the year the practice is completed. A conservation practice that requires modification to delay application will not receive the updated payment, but will be paid based on the indexed rate applicable to the originally scheduled year. C In order to be reimbursed for technical services approved under this agreement and performed by a certified TSP hired by the Participant, a Participant must execute a request for payment on Form NRCS-CP A-1245. The Participant must also submit to CCC an invoice from the TSP for the work performed, as well as any documentation CCC may require in order to ensure that the technical services were carried out in accordance with NRCS requirements. It is the Participant's responsibility to ensure that the technical services obtained from a TSP hired by the Participant meet program requirements. CCC will not reimburse the Participant if the technical services provided by the TSP do not meet the program requirements. If CCC terminates this Contract as provided under paragraph 10 of this appendix, CCC may seek reimbursement of any TSP payments made to the Participant. D ' All payments received as part of a Contract are reported to the United States Internal Revenue Service. For information related to tax liabilities, consult with a tax accountant or refer to IRS publication 225, Farmers Tax Guide. E Payments will only be issued for practices or activities that meet or exceed the practice standards described in the NRCS Field Office Technical Guide. F Collection of amounts due from a Participant for improper payment will follow procedures of the Debt Collection Improvement Act of 1996. NRCS will notify the Participant to identify the reason for the improper payment and the amount owed. Collections not received within 30 calendar days will be entered into the National Finance Center Internet Billing System. Unpaid bills accrue interest beginning 30 days after the billing date. G Any Participant that will receive financial benefit from the implementation of this Contract must be a signatory on the Contract. Unless signature authority is not granted or assigned on the Contract, any Participant on the Contract may approve payment applications for the Contract. 6 PROVISIONS RELATING TO TENANTS AND LANDLORDS A No payment will be approved for the current year if CCC determines that any of the following conditions exist: (1) The landlord or operator has not given the tenants that have an interest in the unit of concern covered by the conservation stewardship plan, or that have a lease that runs through this Contract periOd at the time of slgn-up, an opportunity to participate in the benefits of the program. NRCS.CPA-1202-CPC (appendix), Page 4 of 11 NRCS.CPA-1202-CPC (appendix) 1 0/2007 (2) The landlord or operator has adopted any other scheme or device for the purpose of depriving any tenant of any benefits to which such tenant would otherwise be entitled. If any such conditions occur or are discovered after payments have been made, all or any part of the payments, as determined by CCC, must be refunded with interest and no further payments shall be made. 7 MISREPRESENTATION AND SCHEME OR DEVICE A A Participant who is determined to have erroneously represented any fact affecting a determination with respect to this Contract and the regulations applicable to this Contract, adopted any scheme or device which tends to defeat the purposes of this Contract, or made any fraudulent representation with respect to this Contract, will not be entitled to payments or any other benefits made under this Contract. The Participant must refund to ecc all payments received plus interest. In addition, ecc will terminate the Participant's interest in all program contracts. B CCC will charge interest on monies it determines to be due and owing to eee under this Contract. Under debt collection procedures, unpaid bills accrue interest beginning 30 days after the billing date. The interest rate will be determined using the current value of funds rate, published annually in the Federal Register by the United States Department of Treasury. C The provisions of paragraph 7 A of this Appendix shall be applicable in addition to any other criminal and civil fraud statutes. 8 CHANGES TO TERMS AND CONDITIONS OF THIS CONTRACT A If any changes to the terms and conditions of this Contract become necessary prior to the date that this Contract is approved on behalf of ece, CCC will notify, in writing, the Applicant signing the NRCS-CPA-1202 of such change and such person(s) will be given 10 days from the date of notification in which to agree to the revised terms and conditions or to withdraw from this Contract request. The Applicant agrees to notify, in writing, the cee of an intention to withdraw the program participation request within 10 days from the date of the issuance of such notice and further agrees that failure to notify the eec will constitute agreement to the revised terms and conditions. B eec may unilaterally modify this Contract when the installed practice would cause adverse impacts to significant cultural and/or environmental resources without mitigation action. C Subject to the availability of funds, ece may unilaterally modify this Contract when the amount of payment for a single contract item (practice or activity) increases by not more than one-thousand dollars ($1,000) as the result of an increase in the number of units performed (quantity variation) by the Participant. NRCS.CPA-1202-CPC (appendix), Page 5 of 11 NRCS-CPA-1202-CPC (appendix) 1 0/2007 o The Participant and CCC may modify this Contract by mutual agreement when: (1) Both the Participant and the appropriate approving authority (STC, or Designated Conservationist) agree to this modification; (2) At the request of the Participant, and upon approval of CCC, the modification is consistent with the purposes of the program; (3) A transfer of this Contract occurs, provided CCC approval i.s obtained, and an eligible transferee accepts all terms and responsibilities under this Contract including operation and maintenance of those practices already installed or to be installed. E The Participant and CCC may modify this Contract by mutual agreement to revise or add to those practices already installed, provided that such revisions or additions are within the general scope of this Contract. If any such changes cause an increase in the cost of performance of any part of the work under the Contract, the authorized CCC official shall make an equitable adjustment in the total contract payment and shall modify the contract. F All modifications to this Contract processed through paragraph 8D must be approved in writing by the authorized CCC official and the Participant or an individual granted signature authority through a valid Power of Attorney filed in the local Service Center. Unless signature authority is not granted or assigned on the Contract, any Participant on the Contract may approve modifications for the Contract. 9 CORRECTIONS CCC reserves the right to correct all errors in entering data or the results of computations in this Contract. 10 CONTRACT TERMINATION A If a Participant fails to carry out the terms and conditions of this Contract, CCC may terminate this Contract or determine that such failure does not warrant termination. In either case, CCC may require the Participant(s) to refund payments received under this Contract, or require the Participant(s) to accept such adjustments in subsequent payments as are determined to be appropriate by cee. Refunds determined by eec to be due and owing to cce under this provision will accrue interest at the current value of funds rate, published annually in the Federal Register by the United States Department of Treasury. Under debt collection procedures, unpaid bills accrue interest beginning 30 days after the billing date. B The CCC may terminate this Contract, in whole or in part, without liability, if ece determines that continued operation of this Contract will result in the violation of a Federal statute or regulation, or if CCC determines that termination would be in the public interest. NRCS-CPA-1202-CPC (appendix), Page 6 of 11 NRCS-CPA-1202-CPC (appendix) 1 0/2007 11 RECOVERY OF COST A In the event an Environmental Quality Incentives Program (EQIP) Participant violates the terms of this Contract, the Participant voluntarily terminates this Contract before any contractual payments have been made, or this Contract is terminated with cause by CCC, the CCC will incur substantial costs in administering this Contract which may not be possible to quantify with certainty. Therefore, in addition to the refund of payments plus interest due as set forth in paragraph 10, the EQIP Participant agrees to pay liquidated damages up to an amount equal to 20 percent of the total financial assistance obligated to the Participant in this Contract, at the time of termination [not applicable to a Wildlife Habitat Incentives Program (WHIP) participant]. This liquidated damages payment is for recovery of administrative costs and technical services and is not a penalty. B The Participant may be required by the CCC to refund all or a portion of any assistance earned under the program if the Participant sells or loses control of the land under this Contract and the new owner or transferee is not eligible for the program, or refuses to assume responsibility under the Contract. 12 EFFECTIVE DATE This Contract is effective when signed by the Participant and an authorized representative of CCC. Except as otherwise provided for herein, this Contract may not be terminated or modified unless by mutual agreement between the parties. Within the dates established by CCC, this Contract must be signed by all required Participants. In the event that a statute is enacted during the period of this Contract which would materially change the terms and conditions of this Contract, the CCC may require the Participant to elect between modifying this Contract consistent with the provisions of such statute or Contract termination. 13 GENERAL TERMS A The regulations in 7 CFR part 636 for WHIP, and 7 CFR part 1466 for EQIP are incorporated, by reference, herein. In the event of a conflict between these regulations and the terms of this Appendix, the provisions of the regulations will prevail. B This Contract shall be carried out in accordance with all applicable Federal statutes and regulations. Any ambiguities in this Contract and questions as to the validity of any of its specific provisions shall be resolved in favor of CCC so as to give maximum effect to the conservation purposes of this Contract. C NRCS is administering this Contract on behalf of the CCC. Therefore, where this Contract refers to "CCC", NRCS may act on its behalf for the purposes of administering this Contract. When the term "Participant" is used in this Contract, it shall be construed to mean all Participants signing this Contract. Likewise, when the term "Applicant" is used in this Contract, it means all Applicants signing the program application. D Certification Regarding Debarment, Suspension, and Other Responsibility. Matters - Primary Covered Transactions (7 CFR part 3017). NRCS-CPA-1202-CPC (appendix). Page 7 of 11 NRCS-CPA-1202-CPC (appendix) 1 0/2007 (1) The Participant certifies to the best of the Participant's knowledge and belief, that the Participant and his or her principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within the three-year period preceding this agreement had a criminal conviction or civil judgment rendered against them for commission of fraud in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local government) Contract, including violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses set forth above in paragraph 13D( 1 )(b) of this certification; and (d) Have not within the three-year period preceding this agreement had one or more public Contracts (Federal, State or local) terminated for cause or default. (2) If the Participant is unable to certify to any of the statements set forth in paragraph 13D (1), the Participant shall attach an explanation to this agreement. E This Contract is a financial assistance agreement, not a procurement contract and is governed by the terms set forth herein. F The term "contract" as used in this Appendix means the program documents, including: · Conservation Program Contract, Form NRCS-CPA-1202; · Appendix to Form NRCS-CPA-1202, Form NRCS-CPA-1202-CPC (Appendix); · Conservation Plan Schedule of Operations, Form NRCS-CPA-1155; and · Revision of Conservation Plan/Schedule of Operations, Form NRCS-CPA-1156. Such contract shall set forth the terms and conditions for Conservation Program participation and receipt of Conservation Program payments. 14 RIGHTS TO APPEAL AND REQUEST EQUITABLE RELIEF A The Participant may appeal an adverse decision under this Contract in accordance with the appeal procedures set forth at 7 CFR part 11, Subpart At and part 614. Pending the resolution of an appeal, no payments shall be made under this agreement. Before a Participant seeks judicial review, the Participant must exhaust all appeal rights granted within these regulations. B The Participant may also request equitable relief as provided under 7 U.S.C. 7996 and 7 CFR 635 with the requirements of that provision. NRCS-CPA-1202-CPC (appendix), Page 8 of 11 NRCS-CPA-1202-CPC (appendix) 10/2007 15 EXAMINATION OF RECORDS The Participant agrees to give the CCC or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Contract. The Participant agrees to retain all records related to this agreement for a period of three years after completion of the terms of this agreement in accordance with the applicable Office of Management and Budget circular. 16 DRUG-FREE WORKPLACE (7 CFR part 3021) By signing this Contract, the Participant certifies that the Participant will comply with the requirements of 7 CFR part 3021. Ifit is later determined that the Participant knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act (Public Law 100-690, Title V, Subtitle D; 41 U.S.C.701 et seq.; 7 CFR part 3021,) CCC, in addition to any other remedies available to the United States, may take action authorized under the Drug-Free Workplace Act. 17 CERTIFICATION REGARDING LOBBYING (7 CFR part 3018) (Applicable if this agreement exceeds $100,000) A The Participant certifies, to the best of the Participant's knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, afld the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (3) The Participant shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. NRCS-CPA-1202.CPC (appendix), Page 9 of 11 NRCS-CPA-1202-CPC (appendix) 1 0/2007 18 CERTIFICATION AND ASSURANCES REGARDING COMPLIANCE WITH PROVISIONS APPLICABLE TO FINANCIAL ASSISTANCE (See generally 7 CFR parts 3015,3016, and 3019) A As a condition of this Contract, the Participant certifies and assures that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3115.205(b) applicable to non-profit institutions. which are hereby incorporated into this Contract by . reference, and such other regulatory and statutory provisions as are specifically set forth herein. B Without limiting the general applicability of paragraph A above, the Participant. if it is a non-profit, further agrees to comply with the provisions of 7 CFR part 3019, including the contract provisions required at Appendix A. NRCS-CPA-1202-CPC (appendix), Page 10 of 11 NRCS-CPA-1202-CPC (appendix) 10/2007 The following Participants. by entering their signature acknowledge receipt of this Form NRCS-CPA-1202-CPC (Appendix) and agree to its terms and conditions thereof. Further, if the undersigned are succeeding to an existing Contract, the undersigned agree and certify that no agreement exists or will be entered into between the undersigned, the previous owner and operator of the property, or mortgage holder that would, maintain or create an interest in the property for any previous Participant on this Contract for that property, or to receive payments under the contracts. B Date 31:J..7/~ooFJ Date Date Date Date Date Date Date Date Date Date Date Date Date Date Date The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin. age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOO). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TOO). 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"0 e3=;...:;5 (/)~~Ef:" 9 :~ -: ~ ] Z.2: :g';: 0 ~g~~~ <""2~ ~cn CI ~ 0 0.1: :gE~~~~ (;I.~ I: hi, 5..5l ~ e ~ (;j'- "" . u U ,~~.~~ ::::Q)E~ Cl3..o E t.:: ,5:; 8 0 ,2:~ ~ ~ -- - ~8.C!g 's c::" ~.= '6 ,g a c: .~ ~ ~ < "'" E..:; 0 .~ ~ F:g::~ ~ .= B 0 ~ o.~--; ~ S 5. ~ ~'''2 c.. ;? ~.;:; ~ ~ o -8"5-0 ~ 25 ~.;: a --"- .- ~ I.., -- E ~ .5 .g ~ 5 Vl.S';; E-C:.~ t) e G 0 :..:=.~ 0. bi~:g:::f' <t: ~.~ 0 t:: ~ tI)~.5 € ~ g~ ~ & ~ :~ ~ E" g. t~s8~ Clcn~:O:;O'" ~a~tE~ 5--- '" o ~ ~ ~ .~ :J~e..-:-< 1l"0Jl00 r- ~ [~ ;g N '0 N '" 0> '" 0.. ~ N Res BONSACK SERVICE CENTER Natural 36 EXECUTIVE CIR Resources 0 0 A Conservation R AN KE, V 24012-8939 Service (540) 977-2698 JANE SHAW DISTRICT CONSERVATIONIST Conservation Plan CITY OF ROANOKE 215 CHURCH AVE SW ROOM 364 ROANOKE, VA 24011 '\ Wildlife ~ Tract: 999 Fish Passage Modification or removal of barriers that restrict or prevent movement or:.miaratian ofdfish. This Plroj ec t invfolvesh the reioval of the current Wiler Drive Upstream Low Wa~er Bri ge and Rep acement 0 sue Bridge culvert with a Bridge/ell vert that will provide better fish passage for that part of toe Roa kid d h k b d i h h f d 11 01 f such project no e Rver provi e t e war can e one w t t e un s ava a e or Planned Applied Field Amount Month Year Amount Date 11 5mi I 81 2008 I Total:/ 5mi I I I Stream Habitat Improvement and Management Improve the stream channel to create or enhance fish habitat. Planned Applied Field . Amount Month Year Amount Date 11 1.4 ac I 81 2008 I Total:1 1.2 ac I I I Page 1 of 2 CERTIFICATION OF PARTICIPANTS CERTIFICATION OF: DISTRICT CONSERVATIONIST CONSERVATION DISTRICT JANE SHAW DATE MOUNTAIN CASTLE SOIL & WA DATE PUBLIC BURDEN STATEMENT According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collections is 0578-0013. The time required to complete this information collection is estimated to average 45/0.75 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information. PRIVACY ACT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C 522a). Furnishing this information is voluntary; however failure to furnish correct, complete information will result in the withholding or withdrawal of such technical or financial assistance. The information may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other state or federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. USDA NON-DISCRIMINATION STATEMENT 'The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, family status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOO). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TOO). USDA is an equal opportunity provider and employer.' Page 2 of 2 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, CMC Deputy City Clerk STEPHANIE M. MOON, CMC /City Clerk CECELlA R. TYREE Assistant Deputy City Clerk April 8, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Resolution No. 38053-040708 setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2008 tax year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2008. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Att~chment pc: The Honorable Evelyn W. Powers, Treasurer The Honorable Sherman A. Holland, Commissione'r of the Revenue Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget ~~ \..:i IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2008. No. 38053-040708. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2008 tax year. WHE~AS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1, 2008, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Orqinance 37221-101705 adopted by City Council on October 17,2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 60.67% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 60.67% tax relief on the first $20,000 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form oftax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. ATTEST: City Clerk. 2 h1.~ 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 ANN H. SHAWVER Deputy Director email: anll_shawver@ci.roalloke.va.us JESSE A. HALL Director of Finance email: jesseJlall@ci.roanoke.va.ns April 7, 2008 " Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Adoption of Tax Year 2008 Personal Property Tax Relief Percentage Background: The Personal Property Tax Relief Act (PPTRA) provides relief to owners of personal use motor vehicles state wide. City Council adopted components of the amended Act in October 2005. The City uses the "Specific Relief' method to allocate the relief at the same percentage across the board to the first $20,000 of personal vehicle value. Vehicles valued at $1,000 and below are exempt from taxation. Considerations: City Council is required by the Commonwealth to annually adopt a resolution setting the percentage reduction in personal property for that year. City staff computed the effective reimbursement rate using the PPTRA Allocation Model, developed by the working group of local officials. The percentage reduction is calculated to distribute the $8,075,992 block grant allocation from the Commonwealth in the manner described above. The rate as computed for tax year 2008 is 60.67%, up slightly from the 2007 rate of 60.63%. Recommended Action: Adopt the attached resolution which establishes the percentage reduction for personal property tax relief at 60.67% for theCit{of Roanoke for the 2008 tax year. Sincerely, ()~ II W (/ Jesse A. Hall Director of Finance Honorable Mayor and Members of Council April 7, 2008 Page 2 c: Darlene L. Burcham, City Manager Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, Treasurer William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget 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 ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.ns JESSE A. HALL Director of Finance email: jesseJlall@ci.roanoke.va.ns April 7. 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Februa,ry Financial Report Relative to the overall economy, recent information indicates that economic activity has further weakened. The tightening of credit conditions and the deepening of the housing contraction continue to impact the economy. Deteriorating economic conditions are further impacted by rising energy costs. On March 18, 2008, the Federal Open Market Committee decided to lower its target for the federal funds rate another 75 basis points to 2.25%. This is a total of 3 percentage points since September. The nationwide job market weakened significantly in February as payroll employment fell by 63,000 jobs for the month. In addition, January's job loss was revised up from 17,000 to 22,000. Unemployment rates as of January were at 3.8%, 3.8% and 5.4%, respectively, for Roanoke, the Commonwealth, and the Nation. All ten Virginia metropolitan areas experienced higher seasonal unemployment from December to January. Relative to inflation, the Consumer Price Index increased 0.4% in January. Core inflation, excluding food and energy, rose by 0.3% in January or 2.5% on a fiscal year-to-date basis. The Conference Board's index of consumer confidence dropped from 90.6 in December to 75.0 in February, the lowest it has been since November 1993. At the State level, according to the Secretary of Finance's monthly financial report, revenues fell 7.6% in February 2008 compared to February 2007. Revenues grew 2.4% on a fiscal year-to- date basis. The Commonwealth incorporated the revised general fund revenue forecast into February's reports. As a result, general fund revenues are projected to grow 1.2% in fiscal year 2008, compared to the original estimated growth of 3.3%. Individual income taxes grew 4.5% on a fiscal-year-to date basis, ahead of the revised projected annual growth rate of 3.9% due in part to increases in withholdings and estimated payments. Collections of sales and use taxes, reflecting January sales fell 6.4 percent in February due to a decline in consumer spending. February receipts include post-holiday sales and gift card purchases, completing the holiday shopping season. On a year-to-date basis, collections of sales tax revenue grew 0.9%, trailing the revised forecasted growth rate of 1.6%. It should be noted that based on the collections from the holiday season, November through January, holiday sales fell 2.2% compared to last year. This is the largest decline in the holiday shopping season since the sales tax was Honorable Mayor and Members of Council April 7, 2008 Page 2 implemented in 1966. Corporate income taxes fell 15.6%, ahead of the revised expected decline of 20.5% due to lower corporate profits. April and May are the next significant revenue collection months for individual and corporate income tax payments. Wills, suits, deeds, and contracts, mainly recordation tax collections, fell 19.2% as the housing market continues to weaken. The Commonwealth's forecast anticipates further weakness in individual and corporate income tax payments, a continued slowdown in the sales tax receipts, and decreases in recordation tax receipts as the housing market continues to weaken. The City of Roanoke's adopted budget for fiscal year 2008 totals $252.6 million, representing a 5.4% increase over the adopted budget for fiscal year 2007. Budgeted revenue growth results from a projected increase in Real Estate and Personal Property tax revenues, as well as projected growth in various local taxes including Sales tax, Business License tax, and Prepared Food and Beverage tax. The aforementioned growth has been allocated to provide more funding to the Roanoke City Public Schools, for capital maintenance and equipment replacement, to enhance services to citizens, and to fund salary increases for employees. Furthermore, the fiscal year 2008 budget provides for greater social services program funding and the resources necessary to meet the current year's debt service requirements. The City had no major tax due dates in January or February. Our business license tax was due March 1. As of the writing of this report, it has increased 1.4% over the prior fiscal year. The following narrative provides commentary on notable variances in revenues and expenditures for the first eight months of fiscal year 2008. Revenues Revenues through February increased 6.3% compared to the prior fiscal year. A significant delinquent tax billing occurred in December of the prior fiscal year. Adjusted for this, revenues grew 8.1 % through the first eight months of the fiscal year attributable mostly to social services revenues from Grants-In-Aid Commonwealth. Most revenues, except sales tax, are growing as anticipated, taking into account that the due date for one of our major taxes, personal property is in the fourth quarter of the fiscal year. Detailed comments on budgetary variances for our major revenues are addressed as follows: General Property Taxes increased 6.0% as presented in the accompanying financial statement. December of fiscal year 2007 included a large Machinery and Tools tax delinquent billing. Adjusted for this difference, revenues in this category increased 11.4% primarily as a result of growth in reassessments and new construction. The first installment of the real estate tax was due October 5, with a second payment due April 5, 2008. This tax is expected to grow by approximately 6.7% as a whole in fiscal year 2008, but actual growth is 12.4% for the first eight months of the fiscal year. This significant positive variance results from a timing difference in the receipt of real estate tax payments from large escrow companies. Partially offsetting this increase is a decline in personal property tax revenue compared to last year when the state tax relief on older years' taxes was phased out. When this occurred, taxpayers were balance billed their share of delinquent taxes previously covered through tax relief. This was a one-time item affecting the prior year, and it has an offsetting increase in the Grants-in-Aid Commonwealth category. Honorable Mayor and Members of Council April 7, 2008 Page 3 Other Local Taxes grew 5.0% in total. However, when adjusted for the change in telecommunications taxation, local taxes have grown 6.2%. The Business, Professional, and Occupations License tax (BPOL) was due March 1. Revenues from the tax as of February 29, 2008 are below the FY08 total adopted estimate, but are approximately 1.4% higher than this time last year. Although the due date for this tax is March 1, we typically continue to receive payments throughout the remainder of the fiscal year and will continue to monitor this revenue source. Transient Occupancy, Prepared Food and Beverage, and Cigarette taxes have increased, while the Sales tax is down 3.8% compared to the prior year. As mentioned in previous reports, the new Telecommunications Tax program which went into effect January 1, 2007, affects the comparability of FY07 to FY08. Revenues are now remitted by companies to the Commonwealth. The State then pays the local governments, therefore receipts are delayed an additional month under the revised program than when administered locally. The timing difference in revenue recognition will be eliminated by the close of fiscal year 2008 when year end accruals are prepared. Permits; Fees and Licenses increased 46.1 % from fiscal year 2007 due to an increase in building inspection permit fees, most notably due to the William Fleming High School and Carilion Bio-Med Center projects. Revenue from the Use of Money and Property decreased 37.5% compared to the prior year as a result of a change in the interest allocation method which negatively impacted the current year. Grants in Aid Commonwealth will be impacted by State budget reductions announced earlier this fiscal year. Currently, the impact to the City is anticipated at $362,000, mainly as a result of a decrease in funding through HB 599. An adjustment to state revenues and budgeted expenditures is expected to be recommended to Council in May. Through February, revenues grew 11.5% compared to those of the prior year in part due to the increase in Social Services expenditures, most notably Foster Care, which are reimbursable by the Commonwealth. Also contributing to the variance is the reduction in the prior year revenue from the Commonwealth which occurred when tax relief expired on older year taxes and these amounts were balanced billed to local taxpayers. As mentioned previously, this has an offsetting decrease in the local tax category. Internal Services revenue decreased 16.5% due in part to a timing difference in the billing for occupational health services. While only half was billed in December of the current fiscal year, the entire amount was billed in December of the prior year. Also contributing to the decrease in this category is the decline in the school share of comprehensive services act (CSA) monthly billing. This billing is based upon the budgeted expenditures for special education. The current fiscal year adopted estimate decreased from the prior year, therefore the monthly billing has been lower. City Council adopted a budget ordinance for additional funding for the department of social services and comprehensive services act on March 17, 2008. This ordinance increased the estimate of the school share for CSA and thus the monthly billing. A retroactive adjustment for July through February billing will also be made in March. In addition, the final billing of the fiscal year will be adjusted to reflect actual expenditures for special education. Adjusted for this one time retroactive billing, revenue in this category decreased 5.9% compared to last fiscal year. Honorable Mayor and Members of Council April 7, 2008 Page 4 Miscellaneous Revenue increased 32.5% due in part to the revenues from the Art Festival because there were no collections in the first seven months of the prior year. Collections for the Building New Partnerships Conference held this September had an impact as well. In fiscal year 2007, collections were not received until much later in the fiscal year. Other areas contributing to the increase in this category over the prior fiscal year include billings for damage to city property, MLK Event Gala revenues, and additional collections from Solid Waste for recycling. Expenditures General Fund obligations as a whole increased 4.5%. The fiscal year 2008 expenditure budget includes funding of approximately $743,000 to cover contracts and purchase orders made during fiscal year 2007 but not paid by the end of that year. City Council approved re- appropriation of this funding when adopting the General Fund budget in May. Additionally, General Fund expenditures of all departments are affected by a 4% pay raise effective July 1, 2007. Other than these items which affect most categories of expenditures, variances between fiscal year 2007 and fiscal year 2008 are addressed as follows: Health and Welfare grew 15.7% due to increased foster care, adoption, and daycare expenditures as a result of a higher rate of child placement. Also, payments for foster care and adoptions are based on the needs of the child and are higher when special medical care is required. The Commonwealth approved a 13% rate increase for foster family homes and adoption subsidy effective July 1, 2007 compared to a 4% increase in the prior year. In addition, the City has seen a 27% increase in the number of children in foster care of the past two years. Nondepartmental expenditures decreased 21.2% due to a decline in the transfer of funds for the Capital Maintenance and Equipment Replacement Program to the Market Building, Civic Facilities, Department of Technology, and Fleet Management funds. These transfers fluctuate from year to year based on the needs of each fund and availability of fund balance. Sincerely, 4~ A. IW Jesse A. Hall Director of Finance Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and Budget Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July 1 - February 28 2006-2007 $ 39,698,200 38,965,959 751,178 1,011,914 1,182,812 30,362,841 $ 5,686,863 1,853,621 300,127 119,813,515 $ July 1 - February 29 2007-2008 $ 42,086,791 40,921,012 1,097,134 1,024,968 739,207 33,863,208 Percentage of Change 6.0 % $ 5.0 % 46.1 % 1.3 % -37.5 % 11.5 % 0.0 % -1.0 % -16.5 % 32.5 % 6.3 % $ 5,630,380 1,548,037 397,537 127,308,274 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Percent of July 1 - February 28 July 1 - February 29 Percentage Unencumbered Revised Budget Expenditures 2006-2007 2007-2008 of Change Balance Appropriations Obligated General Government $ 8,231,720 $ 8,734,639 6.1 % $ 4,851,450 $ 13,586,089 64.3% Judicial Administration 5,003,124 5,096,896 1.9 % 3,002,633 8,099,529 62.9% Public Safety 41,123,308 42,087,860 2.3 % 20,182,422 62,270,282 67.6% Public Works 16,507,579 16,563,322 0.3 % 9,715,456 26,278,778 63.0% Health and Welfare 23,290,953 26,950,237 15.7 % 8,612,037 35,562,274 75.8% Parks, Recreation and Cultural 7,083,325 7,674,381 8.3 % 3,961,061 11,635,442 66.0% Community Development 4,062,325 4,345,333 7.0 % 2,041,440 6,386,773 68.0% Transfer to Debt Service Fund 16,454,499 16,820,248 2.2 % 2,230,814 19,051,062 88.3% Transfer to School Fund 39,365,019 41,876,202 6.4 % 20,462,210 62,338,412 67.2% Nondepartmental 7,134,602 5,624,526 -21.2 % 4,777,448 10,401 ,974 54.1% Total $ 168,256,454 $ 175,773,644 4.5 % $ 79,836,971 $ 255,610,615 68.8% 1 Current Fiscal Year Percent of Revenue Estimate Received 43.5% 55.1% 89.6% 75.0% 84.8% 50.9% 0.0% 66.6% 59.7% 54.4% 50.4% Revised Revenue . Estimates 96,801,000 74,210,000 1,224,000 1,367,000 872,000 66,519,884 38,000 8,453,000 2,595,000 731,000 252,810,884 Current Fiscal Year CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDED FEBRUARY 29, 2008 FY 2008 FY 2007 Operating Revenues Rentals $ 577,407 $ 430,124 Event Expenses 148,427 142,759 Display Advertising 20,835 77,169 Admissions Tax 249,913 218,796 Electrical Fees 19,413 12,748 Novelty Fees 55,050 37,667 Facility Surcharge 103,174 103,750 Charge Card Fees 46,137 30,229 Commissions 34,640 22,491 Catering/Concessions 39,279 570,254 Other 535 425 Total Operating Revenues. 1,294,810 1,646,412 Operating Expenses Personal Services 1,253,928 1,369,014 Operating Expenses 982,046 1,107,573 Depreciation 581 ,440 347,032 Total Operating Expenses 2,817,414 2,823,619 Operating Loss (1,522,604) (1,177,207) Nonoperating Revenues/(Expenses) Interest on Investments 10,014 25,369 Transfer from General Fund 1,037,496 1,553,994 Transfer to Debt Service Fund (46,309) (47,059) Interest and Fiscal Charges (59,953) (62,578) Miscellaneous 567 72,319 Net Nonoperating Revenues 941 ,815 1,542,045 Net Income/(Loss) $ (580,789) $ 364,838 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDED FEBRUARY 29, 2008 FY 2008 FY 2007 Operating Revenues Market Garage $ 221,598 $ 262,185 Elmwood Park Garage 338,886 347,569 Center in the Square Garage 181,575 141,605 Church Avenue Garage 431,490 430,884 Tower Garage 338,923 331,089 Gainsboro Garage 77,741 51,295 Williamson Lot 56,749 53,105 Higher Ed Center Lot 44,523 34,739 Market Lot 10,149 21,233 Elmwood Lot 49,652 54,019 Warehouse Row Lot 19,075 19,846 West Church/YMCA Lots 17,513 17,513 Total Operating Revenues 1,787,874 1,765,082 Operating Expenses Operating Expenses 674,968 706,646 Depreciation 452,138 376,952 Total Operating Expenses 1,127,106 1,083,598 Operating Income 660,768 681 ,484 Nonoperating Revenues/(Expenses) Interest on Investments 51 ,304 91,408 Miscellaneous 43,997 Transfer from General Fund 94,508 24,204 Interest and Fiscal Charges (164,514 ) (188,006) Net Nonoperating Expenses (18,702) (28,397) Net Income $ 642,066 $ 653,087 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDED FEBRUARY 29, 2008 FY 2008 FY 2007 Operating Revenues Retail Space Rental $ 174,760 $ 177,445 Total Operating Revenues 174,760 177,445 Operating Expenses Operating Expenses 188,537 186,612 Depreciation 62,825 6,864 Total Operating Expenses 251,362 193,476 Operating Loss (76,602) (16,031) Nonoperating Revenues Interest on Investments 19,779 13,633 Transfer from Capital Projects Fund 148,917 274,300 Transfer from General Fund 18,070 17,500 Miscellaneous 1,668 Total Nonoperating Revenues 188,434 305,433 Net Income $ 111,832 $ 289,402 4 "'. CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED FEBRUARY 29, 2008 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED FEBRUARY 29, 2008. BALANCE AT JAN 31, 2008 CONSOLIDATED FUNDS $65,764,435.92 RECEIPTS $82,799,509.08 BALANCE AT DISBURSEMENTS FEB 29, 2008 $42,491,166.36 $106,072,778.64 BALANCE AT FEB 28, 2007 $70,325,465.59 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING FEBRUARY 29, 2008. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: LOCAL GOVERNMENT INVESTMENT POOL SUNTRUST INSTITUTIONAL MONEY MARKET U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $3,415,497.19 1,584,075.47 16,510,397.68 15,026,044.92 13,000,000.00 11,337,552.34 45,199,211.04 $106,072,778.64 MARCH 24, 2008 ~y 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE EIGHT MONTHS ENDED FEBRUARY 29, 2008 FY 2008 FY 2007 Additions: Employer Contributions $ 7,567,708 $ 6,977,796 Investment Income Net Appreciation (Depreciation) in Fair Value of Investments (25,890,739) 25,737,291 Interest and Dividend Income 9,825,043 9,451,235 Total Investment Income (Loss) (16,065,696) 35,188,526 Less Investment Expense 225,954 203,295 Net Investment Income (Loss) (16,291,650) 34,985,231 Total Additions (Deductions) $ (8,723,942) $ 41,963,027 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 16,525,994 295,183 16,821,177 $ 15,548,705 312,943 15,861,648 Net Increase (Decrease) (25,545,119) 26,101,379 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance February 29 378,571,495 $ 353,026,376 334,232,043 $ 360,333,422 6 Assets Cash Investments, at Fair Value Due from Other Funds Total Assets Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance CITY OF ROANOKE PENSION PLAN BALANCE SHEET FEBRUARY 29, 2008 FY 2008 $ 664,582 354,439,660 973 $ 355,105,215 $ 2,078,210 629 2,078,839 378,571,495 (25,545,119) 353,026,376 $ 355,105,215 Total Liabilities and Fund Balance 7 FY 2007 $ 806,127 361,498,941 1,552 $ 362,306,620 $ 1,973,069 129 1,973,198 334,232,043 26,101,379 360,333,422 $ 362,306,620 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 April 8, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38054-040708 authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of Official Tax No~ 6472302, located at Countryside Golf Course to Newbern Properties, LLC., and dispensing with the second reading of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 7, 2008, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance William M.Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist \)~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38054-040708. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of Official Tax Map No. 6472302, located at Countryside Golf Course, to Newbern Properties, LLC., and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on February 19, 2008, pursuant to 9915.2- 1800(B) and 15.2-1813, Code of Virginia (1950) as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance to Newbern Properties, LLC., of a 1.05 acre parcel of City-owned property, being a portion of Official Tax No. 6472302, located at Countryside Golf Course, for the consideration of $55,000, upon the terms and conditions set forth in the City Manager's letter to this Council dated February 19,2008. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: j ~(), ~~ City Clerk. j" c. 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 February 19, 2008 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: Sale of a Vacant 1.05 Acre Tract of City-Owned Land Identified as a portion of Tax Map #6472302 Background: Newbern Properties, LLC has expressed an interest to purchase a 1.05 Acre Tract of City-owned land identified as Tax Map #6472302 located at Countryside Golf Course in order to accommodate a 13,000 to 14,000 square foot expansion of the Trane Distribution Center. The offer of $55,000 equals the value of the property determined by an independent appraisal conducted by the City. Upon consultation with the golf course manager, Meadowbrook Golf, it has been determined that the conveyance of this 1.05 acre tract will have no adverse impact on course operations. Recommended Action: Authorize the City Manager to execute such further action as may be necessary to accomplish the above matter, including execution of a deed and to complete the sale of the property to Newbern Properties, LLC. All such documents are to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bur City Manager ..... Honorable Mayor and Members of City Council ~ February 19, 2008 Page 2 DLB:c1t 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 Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00024 The Roanoke Times Roanoke, Virginia Affidavit of Publication 'c, ''\: The Roanoke Times --------------------------------------------------+------------------------ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \\\\III1U, I \ \ 'I ,\ McEA, II;, I ...' r--. 'v'/".' " \X ......., '7~" .:~~~.,. NOTARY",~\ I :: : PUBLIC " ~.- I .. ..L, . " :P - ::~: REG. #332 ,: = I - . MY' 964""- : C") ~ COMMISSION': * = I ~S..@l S : ~ I .- ~ -. .. ~:: TOTAL COST: 177.0 0 -:.~ '. I..' ~.:- I FILED ON: 02/13/08 ""~JrtAL.T..O'~~\~~,......' I -------------------------------~7r-H--,~----------+---------------------___ """1\\ OFFICE OF ECONOMIC DEVELOPMENT 111 FRANKLIN PLAZA STE 200 ROANOKE VA 24011 REFERENCE: 80084300 10725589 Newbern Properties 2 State of Virginia City of Roanoke I, (the unders igned) an authori zed representa ti 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 __l~day of February 2008. Witness my hand and official seal. ,....-: ~ "fYl . Notary Publ ic --t~f;~';t. My com l sio xp.res ~!rjWQIL_--___, PUBLISHED ON: 02/08 Authorized tJl ~ Signature'___~---~----------------------' Billing Services Representative ."... CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATIORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMA1L: cityally@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER~FERGUSON ASSISTANT CITY ATfORNEYS February22,2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Swimming Pools at Countryside Golf Club Dear Mayor Harris and Members of Council: This is in response to Ms. Mason's inquiry as to whether the City may be subject to any liability as a result of the condition of the abandoned swimming pools at Countryside Golf Club, which is owned by the City. According to the information provided me by City staff, there are three pools, a kiddie pool, a small pool with a depth of three or four feet, and a larger pool with two diving platforms and a maximum depth of eleven feet. Use of the pools had been discontinued before the City purchased the property. The pools are currently full of water. Vegetation at the site is very high and weeds are growing through the six-foot high fence. The fence gates are locked, but the pools are very accessible due to a gap of at least a foot in the fence. The snack bar and rest-rooms are accessible and open. The pool facility is not currently being maintained. There are no "no trespassing" or warning signs on the pool premises. While the City has contracted with Meadowbrook Golf Group, Inc., to manage the Countryside golf course, I can find nothing in the contract which obligates Countryside to maintain or be responsible for the pools (the contract is not a lease; it is a management contract). By statute, localities in Virginia which operate parks, recreational facilities and playgrounds are not liable for damages resulting from any injury to a person caused by any act or omission constituting ordinary negligence on the part of any officer or agent of the locality in the maintenance or operation of such a facility. However, a locality can be liable for the "gross negligence" of any of its officers or employees in the maintenance or operation of such a facility. Sec. 15.2-1809, Code of Virginia. I do not believe this statute would be applicable to these pools, as the pools were not in operation when the City purchased Countryside, the City has not used them for recreational purposes, and they are not being maintained by the City. This Code section was enacted years ago, after the Virginia Supreme Court decided the case of Hoggard v. City of Richmond, 172 Va. 145 (1939), in which the court imposed tort liability upon a city for negligently operating a swimming pool, holding that in so doing the city was acting in a ministerial capacity, aild not a governmental one (cities are protected by sovereign immunity in their governmental functions, but not their proprietary or ministerial ones). If someone (such as Submitted as a handout. ~ \ . -!oJ ::s o 'tl ,r:: to .d t,~ ~ en to 'tl QJ -!oJ -!oJ ..-l oS ::s en A \ ~' ';ountrvside BudQet '06 REVENUE Dues Initiation Fees Green -Fees Carts Merchandise Other Pro-Shop Food & Beverage Tennis Lease COGS Merchandise Food & Beverage LABOR Pro Shop Food & Beverage Course Maintenance Administration EXPENSES Pro Shop Food & Beverage Course Maintenance Marketing Administrative Other* PROFIT * Other o o 360,000 310;000, 56,000 .22,000 110;000 .22,500 , '880;500 '39,200 37,400 76,600 69,000 .26,500 146,000 -47,500 ,289,000 33,000 6,600 84,000 '10,000 94,000 92,000 319,000 $195.900 Personal Property Real Estate FICA FUTA SUI Workers Comp -/,. ~~. U~~~ '$23,643 $1,269 $2,860 $9,395 ~, -b...", ~~k /~ ~ ~( ,'~:PO L, ., . .~ J / '" / Statement submitted to be entered into record. "' The decision has already been and this public hearing is only a formality according to another citizen who was alerted by a member of Council. That said, I object to the agenda item falsely referring to this property as "vacant city-owned" land rather than part of the Countryside Golf Course I also know that Mr. Beasley, the VP of Operations for Meadowbrook has not objected to the sale. But let me point out in my communication with Mr. Beasley he made it clear that it was in his best interest to not discourage the sale of the property. After all Meadowbrook is a business and as long as they are making a profit they will continue to operate the golf course. This encroachment on the 3rd fairway will make the golf course less attractive for golfers to play and in your own words "the 3rd fairway will become very very tight to play. Meadowbrook has no vested interest and can terminate the operating agreement at will. Why does Mr. Newbern not expand on the opposite side of the building where it is already in the Enterprise Zone? Has there been any requirement that he actually begin construction since there is such an urgency to purchase? Is there a plan of the layout of the Trane Expansion? According to Chris Chittum the rezoning of the property to light industrial would allow building on the property line. This is an ugly metal building - an eyesore for this beautiful golf course. Instead of calling it Countryside golf course it will be label "Caddy shack"- play at your own risk. Have any of you been to look at where the stakes are placed? Have you thought about any liability issues with golf balls hitting the building? And let me assure you they will and golfers may even make a point of it. Will the City reconfigure the holes or make Mr. Newbern pay for configuration of the 2nd and 3rd fairways if interference with play degrades the golf course as a whole. You may be wondering why we are here when we don't live adjacent to Trane. It should be fairly obvious by now that whatever endangers one part of the golf course endangers the entire course and therefore our neighborhood and community. We became encourage months ago when Vice-Mayor Trinkle stated that nothing should happen to any of the golf course until it's future is decided. I ask you this evening to adhere to that and at least table the sale until this or a future council can come up with the vision for the property that builds , on its recreational value rather than tax base to support other projects. As far as I know the request by the Vice-Mayor for financial data regarding the golf course has not yet been received. Therefore I have furnished you the 2006 Budget and profit projection that I had received some time ago through the FOIA. I have also furnished you with a letter that was a response to Brian Brown of Economic Development regarding the golf course conditions. The letter you have is the response from the VP of Operation for Meadowbrook in Florida. You can see that the Golf course is in immediate need of maintenance. Maintenance that Meadowbrook is not responsible for... it is the City's responsibility to repair the irrigation system as identified at the cost of $100,000 dollars. Repair of the cart paths is in immediate need of attention at about the same cost. This is the minimum that is needed for the successful continuation of the property as a golf course. The $$ you are receiving from Newbern, LLC should be part of this maintenance. Let us be WRONG in our prediction years ago that the City will allow the golf course to deteriorate to such an extent that it is no longer a viable golf course. Then turn around and say after years of neglect that it is too costly. There is a perception that the city does not maintain its assets that the taxpayers of the City support. Let us not add to the perception. Just recently our areas code enforcement officer after viewing the Countryside pool noted that the city is violating its own city code. The pool is full of water open and untreated and has been for many years. It is a health hazard. The pool should be drained. The code enforcement officer also brought to my attention that the pool building had been broken into - windows busted out and evidence of pointed to vagrants entering as a chair is pushed up to the window. He said boarding the windows needed to be done immediately. This is still not done. Thank you for your attention. t} ..~;... : . \J Submitted to be entered into the record by citizen. J"" J f:J January 16,2008 ~ , Mr. 'Snan K. Brown, Economic Development Administrator DIVISION OF ECONOMIC DEVELOPMENT 111 Franklin Plaza, Suite #200 Roanoke, Virginia 24011 RE: Conditions at Countryside Golf Course Dear Mr. Brown: This letter is in response to your correspondence, dated January 4,2008; regarding the current conditions at Countryside Golf Course. First, as you mentioned, it is winter and with the frequent freezing conditions realized this time of year in the Roanoke area, it does make it difficult to maintain conditions at a high level. However, you did make several very valid points that I want to address. . Limbs Down/Traps Not Raked- We have experienced several windy days, one in particular that was caused some tree damage on the course. Countryside Golf Course is operating on a very limited staff this time of year and has done what could be to clean the limbs up and also cut down one large tree that was lost in the storm. This is an ongoing project that we will stay on top of. The traps are raked frequently when conditions allow. . If they are frozen, it doesn't do any good to use the sand pro since this process only creates more damage to the bunker edges when they enter and exit the traps. These conditions will improve significantly as weather gets better. . Fairwavs/Tees- Before I address your concerns regarding the fairways and tees, I wanted you to know that back in the fall, we did a full aerification, of the greens at a cost of approximately $12,000. This process is again budgeted and will be completed in the spring and will include a heavy top dressing. The anticipated costs for the complete project is $18,000. With that being said, the greens will be in the best conditions 'they have been in for some time going into the 2008 season and throughout the year. .,~ .....1"" ~ Page 2 of2 January 16,2008 Countryside Golf Course - Conditions v As you are aware, Roanoke experienced a drought in 2007. The drought, coupled with the antiquated irrigation system took a toll on fairway and tee turf conditions. You are correct that we are very limited in the scope of any improvement we can do because of this. Implementing a new grass program would be impossible to grow-in and maintain without a properly' functioning system. We would consider budgeting funds for reseeding of all fairways and tees if the system does get updated. The estimated cost to repair the irrigation system, maintain it in a consistent working condition and ensure a continuance life span is approximately $100,000. This amount would include the labor needed to do the repairs, all of the parts and also anticipated upgrades to the pump station. If this work is completed, coupled with a grassing plan, the conditions of the fairways and tees will be the same as the greens and produce a great, overall experience for the golfers visiting Countryside Golf Course. . Cart Paths - The cart paths are obviously in very poor and bad condition. There are approximately 6,000 linear feet that need to be replaced. I do not recommend replacing the cart paths with gravel. Doing so will cause more problems than leaving them in their current condition. With that said, we have two choices to consider: Option 1: Replace the damaged cart paths with asphalt at a cost of $20 to $25, per linear foot. This would include a base material which is needed in most locations to ensure quality and longevity. Option 2: Eliminate the cart paths that are in the worst condition and replace with grass. This would have a cost of approximately $25,000 to haul away the existing and re-grass. Mr. Brown, I would like to set a time to meet with you at the course to discuss these issues and resolutions. Please let me know what possible date/times you may be available so that I can coordinate my travel/schedule. ' Cordially, Scott Beasley, Vice President of Operations WSB:bdmc Cc: Darlene Burcham, City Manager Steve Gano, VP of Operations, IGM Tyler Minamyer, Regional Manager, IGM v' OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 540.853.2333 www.roanokegov.com April 10, 2008 Mr. Shaheed Omar 1219 Loudon Avenue, NW Roanoke, VA 24017 Dear Mr. Omar: Enclosed are the briefing materials previously provided to City Council members regarding the Police Department's Disciplinary Review Board that were mentioned at Monday's Council meeting. Sincerely, Darlene L. rcham City Manager c: Members of City Council CIJ)l ( ROANOKE Disciplinary Review Board Background Information: The Disciplinary Review Board (DRB) was established in September of 2000. The Roanoke Police Department's DRB is unique to any other police department's review process throughout the State of Virginia. After consulting with 40 major police departments across the state, it was determined that only 5 agencies (Richmonct Virginia Beach, Petersburg, Newport News and Fairfax Citn have review panels set up basically as an appeals process: The individuals, both citizens and officers, who do not agree with the final decision made by the Chief, will go before these review panels. One agency (Bristol Police Department) has a citizen "advisory" panel that the Chief utilizes for feedback to cases investigated, but the panel has no voting power. Most agencies contacted advised that they handle complaints and internal investigations decisions through their Command Staffs. Many were against the use of citizens to discipline their officers, mainly due to their inexperience with law enforcement matters. Departmental Disciplinary Review Board Procedural Process: The DRB will review incidents, in which an employee of the Department was alleged to have violated Department policy and/or Rules and Regulations. The DRB is empowered to conduct reviews of any and all types of employee involved incidents including all incidents when an officer discharges a service weapon. ROANOKE Disciplinary Review Board DRB meets twice a month and will consist, at a minimum of the following: three (3) Department employees and three (3) citizen members appointed by the Chief. The ORB may consist, at a maximum, of four (4) Department employees and four (4) citizen members. Members from the Professional Standards Unit will present all incidents to the ORB. I)' The role of the ORB is to decide whether the incident under review was in accordance with the guidelines of the Department's Operational Directives, Rules and Regulation, Code of Conduct or other Department policies and procedures. The ORB, upon completion of its review and deliberations, will notify the Chief regarding its findings and recommendations for disciplinary action and whether the incident was Exonerated, Sustained, Not Sustained, Unfounded or Policy Failure. The ORB will render its recommendations by consensus and submit its recommendation(s) to the Chief for final determination. If the majority of the ORB recommends that the allegation(s) listed in a case are sustained, then the Board has a range of options to choose from for disciplinary actions. The options are counseling, verbal reprimand, written reprimand, suspension (up to fifteen days) and termination. The Chief will review the findings and recommendations handed down by the ORB. The Chief will have the final authority in all disciplinary matters within the Department. A letter will then be sent to the complainant stating the disposition of the incident. 2 ROANOKE Di'sci:plin,ary Review B.oard --,--,__,<____"'_*'_""""''''W~<I"_<;!,_..'^~''''',,.^''''''_.w~''"'''<''''_ Qualifications for the Citizen members of DRB: Citizen members attend the Citizen's Police Academy in order to gain a better understanding of how the Roanoke Police Department functions on a daily basis; The City of Roanoke must not employ the citizen member thus better insuring the impartiality between the citizen member and the department employee; The Citizen member must have graduated from the Department's Citizen's Police Academy. All graduating members are invited and are eligible to participate as a Board member; The Citizen member will be appointed by the Chief or his designee; The Citizen member will serve a period of at least six months or longer, at the discretion of the Chief or his designee (due to lack of participation); Every Citizen member will attend an orientation before attending any DRB meetings; A rotating list of Board members are maintained in the Office of Professional Standards, which is utilized to schedule meetings; Any Board member(s) who do not show an interest or simply do not participate in Board meetings, will be removed from the rotating list of members, per the approval of the Chief or his designee. 3 ROANOKE Discipllna,ry Review Board How to file a Compliant: Visit the Police Department in person; Call the Police Department's non-emergency number at at 853-2212; Mail in comments to the Roanoke Police Department; Contact the Police Department's Professional Standards Unit during regular business hours, 853-2085; II E-mail the Police Department's Professional Standards Unit at psu@roanokeva.gov. Complaint Process: All complaints received by any means are forwarded to the proper supervisors; Complaints are recorded on the Police Department's Citizen's Complaint Fact sheet. A copy is provided to the complainant; A copy of the Citizen Complaint is given to the Chief of Police or his designee; Complaints that indicate infractions such as demeanor, minor rules and procedural infractions are usually investigated by the employees immediate supervisor; The Professional Standards Unit handles all complaints involving criminal conduct, use of deadly force and use of excessive force; At the completion of the investigation, all complainants, whose identities are known, are notified as to the results of the investigation. 4 ROANOKE Disciplinary Review Board 2007 Disciplinary Review Board ( 40 Total Members) D Black Males D Black Females . White Males o White Females Ethnicity Of Members White Females Percentage Of Total 50% (20) 35% (14) 10% (4) 5% (2) White Males Black Females Black Males It, Since the inception of the Citizen's Police Academy, there have been approximately 450 graduates. .. Note: The major cause for lack of participation from graduating members of the Citizen's Police Academy is that the Board meets on days that are during the normal work hours 5 ROANOKE DiscipUnary Review Board Cases Completed Since October 2006 No. Of Cases Percentaae Chief concurred with DRB recommendation 30 of 43 cases 70% Chief imposed more severe discipline than recommended by DRB 3 of 43 cases 7% Discipline handed down at the Lieutenant level of command (minor infractions) 6 of 43 cases 14% Investigated officers resigned prior to the completion of the investigation 2 of 43 cases 5% Chief terminated officer prior to DRB 1 of 43 cases 2% Unfounded the case prior to DRB 1 of 43 cases 2% There have been 12 cases that have been terminated due to the lack of cooperation on the complainant's part. 6 '~ on its recreational value rather than tax base to support other projects. As far as I know the request by the Vice-Mayor for financial data regarding the golf course has not yet been received. Therefore I have furnished you the 2006 Budget and profit projection that I had received some time ago through the FOIA. I have also furnished you with a letter that was a response to Brian Brown of Economic Development regarding the golf course conditions. The letter you have is the response from the VP of Operation for Meadowbrook in Florida. You can see that the Golf course is in immediate need of maintenance. Maintenance that Meadowbrook is not responsible for... it is the City's responsibility to repair the irrigation system as identified at the cost of $100,000 dollars. Repair of the cart paths is in immediate need of attention at about the same cost. This is the minimum that is needed for the successful continuation of the property as a golf course. The $$ you are receiving from Newbern, LLC should be part of this maintenance. Let us be WRONG in our prediction years ago that the City will allow the golf course to deteriorate to such an extent that it is no longer a viable golf course. Then turn around and say after years of neglect that it is too costly. There is a perception that the city does not maintain its assets that the taxpayers of the City support. Let us not add to the perception. Just recently our areas code enforcement officer after viewing the Countryside pool noted that the city is violating its own city code. The pool is full of water open and untreated and has been for many years. It is a health hazard. The pool should be drained. The code enforcement officer also brought to my attention that the pool building had been broken into - windows busted out and evidence of pointed to vagrants entering as a chair is pushed up to the window. He said boarding the windows needed to be done immediately. This is still not done. . Thank you for your attention.