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HomeMy WebLinkAboutCouncil Actions 04-21-08 NASH 38055-042108 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 21 , 2008 2:00 P.M. CITY C.OUNCIL CHAMBER . ' AGENDA 1. Call to Order--RolI Call. Council Member Fitzpa.trick is absent. Council Member Wishneff arrived late. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. /I 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 25, 2008, at 7:00 p.m., and Sunday, April 27, 2008, at 4:00 p.m. Council meetings are offered wit'G closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., ORCALL 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. . 2 '0 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. CONSENT AGENDA: NONE. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. A communication from Mayor C. Nelson Harris recommending the adoption of a travel and expenditure policy for use by the Council. Approved 6-0 b. A communication from Vice-Mayor David B. Trinkle, City Council's Representative to the Roanoke Valley Regional Cable Television Committee, recommending approval of the proposed RVTV Budget for Fiscal Year 2008-2009. Adopted Resolution No. 38055-042108. (6-0) c. A communication from Daniel D. Miles, P.E., Chief Executive Officer, recommending approval of the proposed 2008-2009 Roanoke Valley Resource Authority Annual Budget. (Sponsored by the City Manager.) Adopted Resolution No. 38056-042108. (6-0) d. A communication from the Clerk of Circuit Court recommending the acceptance of funds from the State Compensation Board; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 38057-042108. (6-0) 6. REPORTS OF OFFICERS: a. CITY MANAGER: A comm~nication from the City Manager advising that an emergency procurement has been approved for HVAC services through Southern Air to perform the necessary repair, c1ean.ing and testing of the HVAC ductwork , system in the Commonwealth Building. Informational purposes and no action by the Council is required. 3 BRIEFINGS: $ Fi~cal Year 2009 Recommended Budget No action taken. 30 minutes ITEMS RECOMMENDED FOR ACTION: 1. Establishment of parking fees and naming of a new City parking garage. . Adopted Resolution No. 38058-042108 and Budget Ordinance No. 38059-042108. (6-0) . 2. Approval and re-establishment of the Downtown Residential Parking Program for City-owned or controlled parking garages for a two-year period, effective from April 1, 2008. The matter was tabled and referred back to the City Manager to receive comments from downtown residents/Downtown Roanoke, Inc., and report back to the Council. (5-1, Vice- Mayor Trinkle abstaining from voting and Council Wishneff voting no.) . 3. Amendment to the City Code to reflect recent revisions to the Virginia Uniform Statewide Building Code, and to add a new section to permit requirements in buildings within a historic district. Adopted Ordinance No. 38060-042108. (6-0) 4. Execution of a Public Safety Radio Interoperability Memorandum of Understanding. Adopted Ordinance No. 38061-042108. (6-0) 5. Execution of the 2007-2008 CDBG Subgrant Agreement with Southwestern Virginia Second Harvest Food Bank. Adopted Resolution No. 38062-042108. (6-0) 7. REPORTS OF COMMITTEES: a. A report from the Roanoke City School Board requesting appropriation of funds to various program accounts; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn- Timity, Director of Accounting, Spokesperson. Adopted Budget Ordinance No.. 38063-042108. (6-0) 4 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES I AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. 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: Chris Craft, 1501 East Gate Avenue, N. E. 12. CITY MANAGER COMMENTS: The City Manager noted that Citizen Appreciation Day was held on Saturday, April 19 at Valley View Mall. She also announced that Cameron Johnson was a runner-up on the finale of "Oprah's Big Give" on Sunday, April 20, 2008. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 5 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 21 , 2008 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Council Member Fitzpatrick was absent. Council Member Wishneff arrived late. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Friday, April 25, . 2008 at 7:00 p.m., and Sunday, April 27, 2008, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring May 2008 as Bike Month. Proclamation was presented to Greg Edwards, President, Blue Ridge Bicycle' Club, and Ms. Chris Visscher, Co-Chair, Bike Month Committee. 6 A. PUBLIC HEARINGS: 1. Request of Parkway Wesleyan Church to establish a Comprehensive Sign Overlay District for properties located between Belle Avenue and Orange Avenue, N. E. Maryellen Goodlatte, Attorney, Spokesperson. Adopted Ordinance No. 38064-042108. (6-0) 2,. Proposal of the City of Roanoke to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust to cover approximately 6,185 acres in the Carvin's Cove Natural 'Reserve. Darlene L. Burcham, City Manager. , Adopted Ordinance No. 38065-042108. (6-0) 3. Request of the City of Roanoke to vacate a City drainage easement along certain property located at 3726 Thirlane Road, N. W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38066-042108. (5-1, Council Member Wishneff voting no.) 4. Request of the City of Roanoke to convey certain City-owned property located on Jae Valley Road in Roanoke County to Sandra R. Reedy. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38067-042108. (6-0) B. 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. Pam Forrest-Hurt, 1923 Hanover Avenue, N. W. Charlene Graves, 2755 Kirkland Drive, N. W. Jerome Hamm, 4228 Quail Drive, N. W. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL THURSDAY, MAY 1,2008, AT 5 :00 P.M., IN THE CITY COUNCIL CHAMBER, AT WHICH TIME THE COUNCIL WILL CONDUCT PUBLIC INTERVIEWS FOR THE APPOINTMENT OF TWO TRUSTEES TO THE ROANOKE CITY SCHOOL BOARD FOR THREE-YEAR TERMS OF OFFICE COMMENCING JULY 1, 2008; AND AT 7:00 P.M., THE COUNCIL WILL HOLD PUBLIC HEARINGS TO RECEIVE CITIZEN COMMENTS ON THE PROPOSED 2009 FISCAL YEAR BUDGET FOR THE CITY OF ROANOKE AND REAL ESTATE PROPERTY TAX RATE. 7 .~ " 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 , April 22, 2008 CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of communication from Mayor C. Nelson Harris requesting adoption of a travel and expense policy to establish guidelines for the Members of City Council for the expenditure of City funds for travel and other expenses, along with copy of the proposed travel and expense policy, which communication was before the Council of the City of Roanoke at its regular meeting h,eld on Monday, April 21, 2008. On motion, duly seconded and adopted, the proposed travel and expense policy was adopted. . Sincerely, ~O ,'-_ ~~ 0). 'h\r:iW Stephanie M. Moon, cke City Clerk SMM:ew Attachment pc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Drew Harmon, Municipal Auditor Sherman M. Stovall, Director, Office of Management and Budget 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 April 21, 2008 Council Members: Beverly T. Fitzpatrick, Ir Sherman P. Lea Gwen W. Mason Alvin L. Nash David B. Trinkle Brian 1. Wishneff C. Nelson Harris Mayor The Honorable Vice-Mayor David B. Trinkle and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Trinkle and Members of Council: On April 16, 2008, I met with the City Attorney, City Clerk, Municipal Auditor and Director of Management and Budget to finalize a proposed travel and expense policy to establish guidelines for the Members of City Council for the expenditure of City funds for travel and other expenses. Attached is a copy of the proposed policy for your review. I respectfully request adoption of the policy for use by the Council. Sincerely, ~ e. t\~ c. Nelson Harris Mayor CNH:sm Attachment pc: Stephanie M. Moon, CMC, City Clerk William M. Hackworth, City Attorney Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance T. Drew Harmon, Municipal Auditor Sherman M. Stovall, Director, Management and Budget CITY OF ROANOKE, VIRGINIA TRAVEL AND EXPENSE POLICY FOR CITY COUNCIL The purpose of this policy is to establish guidelines for the Members of City Council for the expenditure of City funds for travel and other expenses. Council recognizes the responsibility of its Members to represent the City on various occasions, and it is the intent of this policy to guide Council Members as to the appropriateness of incurring expenses for such occasions. Council also acknowledges the need for an equitable policy, one that is in keeping with its obligation to be accountable to the citizens of the City of Roanoke. The following provIsions relating to travel and other reimbursable expenses shall apply to the Members of City Council: 1. Members of City Council shall be subject to City Administrative Procedures pertaining to purchasing, travel, and business expenses. 2. Documentation: It shall be the duty of the City Clerk's Office to prepare the required documents for travel and business expenses for Members of Council as prescribed by administrative procedures. The Member of Council for whom forms are prepared shall review them for accuracy and personally sign the forms. The Director of Management and Budget shall review these forms for completeness and compliance with City policy before signing as approver. 3. Budgeting: Each Member of City Council shall be allocated funds for phone and internet services, dues and memberships, training, business meals, gratuities, and postage through the City's annual budgeting process. Budget transfer requests must be justified in writing and shall require approval by a simple majority of the other Members of City Council. 4. Meals with Members of Council, Council-Appointed Officers, or members of City boards and commissions will be reimbursed to the extent funding is available. Meals that are principally related to understanding and promoting the mutual interests of the citizens of Roanoke shall qualify for reimbursement to the extent funding is available. The names of the persons who dined, the purpose of the meeting and an itemized receipt must be provided to the City Clerk's Office for appropriate processing. 5. Boards and Commissions: Travel is authorized for Members to attend meetings of the Virginia Municipal league and the National league of Cities, and for service on committees or as officers of such organizations. In addition, the Mayor is authorized to attend the annual conference of the U. s. Conference of Mayors. Travel is also authorized for Council Members to attend meetings of organizations or groups to which they have been appointed by Council to represent the City. All other travel by Members of Council shall be approved in advance by the Council. If advance approval by Council is not feasible, advance approval from the Mayor shall be obtained. The City Clerk shall sign all travel vouchers submitted by Council Members certifying that the travel has been approved by Council and is in compliance with this policy. 6. Gratuities: As government dignitaries, Members of City Council are expected to represent the City at events hosted by charities and other public service oriented organizations. The cost of admission to such events will be paid by the City to the extent provided for within each Council Member's budget. A printed invitation or announcement of the event indicating the date, sponsoring organization and costs must be provided to the City Clerk's Office for payment or reimbursement. 7. The City Clerk's Office shall provide an overview of appropriate administrative procedures, as well as a copy of this policy, to all new Council Members before they take office. 8. The City Clerk's Office shall provide Members of Council with a monthly report of detailed expenditures. 9. The Municipal Auditing department shall review Council expenditures annually for compliance with this policy. 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 22, 2008 The Honorable Robert R. Altice, Chair Roanoke Valley Regional Cable Television Committee 616 South Maple Street Vinton, Virginia 24179 Dear Mr. Altice: I am enclosing copy of Resolution No. 38055-042108 approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve .the annual operating budget for Fiscal Year 2008- 2009 for the operation of the regional government and educational access station, Roanoke Valley Television, and for the City to provide partial funding. The abovereferenced measure was adopted by the Council of the City of_ Roanoke at a regular meeting held on Monday, April 21, 2008. Sincerely, ~h1. h'\l~ Stephanie M. Moon,. CMC City Clerk SMM:ew Enclosure The Honorable Robert R. Altice, Chair April 22~ 2008 Page 2 pc: Michael Pedelty, Director of Public Affairs, Cox ,Communications, P. O. Box 13726, Roanoke, Virginia 24018 Wanda G. Riley, CPS, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-'-0798 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Elaine Simpson, Station Manager, Roanoke Valley Regional Cable Television, 541 Luck Avenue, S. W., Suite 145, Roanoke, Virginia 24016 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Gary Tegenkamp, Assistant City Attorney , Melinda Mayo, Public Information Officer ?~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 2008. No. 38055-042108. A RESOLUTION approvmg the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2008-2009 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for Fiscal Year 2008-2009 for the operation of RVTV and has requested that the City of Roanoke approve that budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support ofthe operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as provided for in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $176,706, which is within the limits provided for in the agreement; and WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual budget of $353,767 for Fiscal Year 2008-2009 for the operation of the regional government and regional educational access station, RVTV, plus an additional amount of $3,360 to be paid by the City for the cost of providing closed captioning service for televising City Planning Commission meetings, as set forth in a letter to this Council dated April 21, 2008, is hereby approved. 1 2. The amount of $176,706 (which consists of $173,346 plus the $3,360 for closed captioning) will be provided by the City of Roanoke as its prorata~ share for the annual operational budget for RVTV for the Fiscal Year 2008-2009 as requested in the letter to this Council dated April 21, 2008. ATTEST: City Clerk. (n,~ 2 C. Nelson Harris Mayor 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 April 21, 2008 Council Members: . Beverly T. Fitzpatrick, Jr Sherman P. Lea Gwen W. Mason Alvin L. Nash David B. Trinkle Brian I. Wishneff The Honorable Mayor C. Nelson Harris and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of City Council: Subject: 2008-09 RVTV Budget The City of Roanoke, the County of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3). The initial equipment and facility for the television studio were funded through a 1991 capital grant from Cox Communications. The three localities negotiated a new franchise agreement with Cox which started on Nov. 1, 2003 and included another capital grant to help provide for continued updating of RVTV's capital equipment. However, operating costs for RVTV are funded by contributions from the three localities. The station is located at Jefferson Center and currently employs five full-time staff members. The staff produces original video productions, monthly television shows, and covers live government meetings for the local governments and their school systems. Programming is cablecast on Cox Communications, Channel 3. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town of Vinton. On June 8, 1992, City Council approved the Roanoke Valley Regional Cable Television Committee Agreement, which requires that the RVTV Operating Budget be approved by the governing bodies of the City, the County, and the Town. Funding by the three localities is based on the annual proportion of Cox subscribers located in each jurisdiction. The Honorable Mayor C. Nelson Harris and Members of the Roanoke City Council April 21, 2008 Page 2 For the City of Roanoke in 2007-2008, RVTV produced 12 Inside Roanoke shows, 12 Spotlight on City Schools shows, 24 City Council meetings, 7 City Planning Commission meetings, 1 City Council budget meeting, 1 City Council School Board Interviews, and 32 original video productions for the City of Roanoke. The Roanoke Valley Regional Cable Television Committee approved the attached RVTV Operating Budget for Fiscal Year 2008-09 (Attachment) at its March 5, 2008 meeting. This budget amounts to $353,767 and is a 4.1 percent increase from the current year's budget of $339,711. Additional Information Cable Television staff is carried on the County's payroll and benefit system and will receive the same salary increase and insurance costs as other County employees. The proposed budget includes funding for closed captioning services for both the City Council and Board of Supervisors Meetings. However, the City requested that RVTV also broadcast City Planning Commission meetings for the next Fiscal. year. Since closed captioning services are also required for these additional meetings, the Citywill pay the additional cost of $3,360 for such extra services. Fiscal Impact Starting on January 1, 2007, the Virginia Communications Sales and Use Tax of 2006 (Va. Code 58.1-645 et seq.) required Cox Communications, as well as other cable television providers, to pay a five percent (5%) sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of revenues it receives from cable The Honorable Mayor C. Nelson Harris and Members of the Roanoke City Council April 21, 2008 Page 3 television providers, like Cox, to the localities. For the calendar year 2007, Cox Communications paid to the Commonwealth of Virginia a total of $2,048,799 for the benefit of the City of Roanoke, County of Roanoke, and Town of Vinton. The Commonwealth of Virginia paid to the three localities the appropriate share of this total amount as a replacement amount for the franchise fees. The three localities have previously agreed to allocate up to twenty percent (20%) of the above total revenues (which used to be referred to as franchise fees) received by the localities to the RVTV operating budget. For the coming year, that amount would be $409,759.80. However, RVTV is only requesting an operating budget of $353,767, which is $55,992.80 less than the amount that could have been allocated under the above formula. Cox calculates the percentage of subscribers (December 31, 2007) in each locality as follows: Locality Roanoke Roanoke County Vinton Total Subscribers 27,558 26,678 2,482 56,718 Percentage 49% 47% 4% 100% Based on those figures, each locality's contribution to the RVTV Operating Budget of $339,711 would be as follows: locality Roanoke Roanoke Cou nty Vi nton Total Contribution for FY07-08 $173,346* $166,270 $ 14.151 $353,767 *In addition to the City's share ($173,346) of the total budget of $353,767, the City will also pay $3,360 for closed captioning for City Planning Commission meetings, for a total payment of $176,706 from the City to RVTV. The Honorable Mayor C. Nelson Harris and Members of the Roanoke City Council April 21, 2008 Page 4 On behalf of the City's representatives to the Roanoke Valley Regional Cable Television Committee, and as City Council's representative to that Committee, I am pleased to recommend that City Council approve the proposed RVTV budget for Fiscal Year 2008-09 in the amount of $353,767, with the City's contribution totaling $176,706, which includes the cost for the Planning Commission meetings. fN;~ . David B. Trinkle Vice-Mayor DBT:mm Attachment pc: Robert A. Altice, Chair, Regional Cable Television Committee Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman Stovall, Director of Management and Budget Elaine Bays, Station Manager, RVTV Michael Pedelty, Director of Public Affairs, Cox Communications Gary Tegenkamp, Assistant City Attorney Melinda Mayo, Public Information Officer Roanoke Valley Television www.rvtv.org ROANOKE VALLEY TELEVISION 2008 - 2009 Operating Budget Proposal RVTV 2007 Edited Video Productions Promotional Library Video City of Roanoke 7:30 125`h Anniversary Highlight Video City of Roanoke 36:30 Weeds & Trash Ordinance City of Roanoke 4:00 Weeds & Trash PSA City of Roanoke :30 Citizen Appreciation Day PSA City of Roanoke :30 Volunteer Partnership Video City Schools 9:30 Teacher of the Year City Schools 10:30 Proposed Multi -Gen Rec. Center County of Roanoke 8:00 New Recycling Trailer PSA County of Roanoke :30 Updated Environmental Training Video County of Roanoke 9:00 Student Government Day Town of Vinton 11:00 Family Kite Festival PSA County of Roanoke :30 Roanoke Rodeo Roundup PSA County of Roanoke :30 Summer Parks & Rec. Programs PSA County of Roanoke :15 2007 Citizen of the Year PSA City of Roanoke :30 TEK Camp Highlight Video County of Roanoke 5:00 Roanoke Co. Info Video County of Roanoke 4:30 Drive In Movies PSA County of Roanoke :30 Recycling PSA County of Roanoke :30 (4) Camp Roanoke PSAs County of Roanoke :30 ea. MyRoanoke News Service PSA City of Roanoke :30 State of the City Address City of Roanoke 27:00 Recycling Competition PSA City of Roanoke :30 Money Smart Program PSA City of Roanoke :30 Convocation Video (Stand Alone) City Schools 11:00 Convocation Ceremony Highlight Video City Schools 57:00 PHHS Renovation Highlight Video City Schools 5:00 Coach Gainer Tribute Video City Schools 16:00 (2) Parks & Rec. Fall Registration PSA County of Roanoke :15 &:30 Title Client Length Specialty Centers County of Roanoke 7:00 War Memorial Renovation Highlight Video Town of Vinton 12:00 Public Works Video Town of Vinton 21:00 PA Curfew Center PSA Project Lifesaver PSA Roanoke Logo Specialty License Plate PSA (2) Earth Summit PSAs Money Smart PSA Winter Parks & Rec. Registration (2) Enchanted Eve PSAs Multi-Gen Video (State of the County) State of the County REConnection PSA (4) Focus on Crime Prevention & Safety (9) Ink Spot Total Minutes Produced City of Roanoke :30 City of Roanoke :30 City of Roanoke :30 City of Roanoke :30 City of Roanoke :30 City of Roanoke :15 County of Roanoke :30 ea. County of Roanoke 3:00 County of Roanoke 35:00 County of Roanoke :30 County of Roanoke 6:30 ea. City of Roanoke 6:30 ea. 397 Minutes (6 Hours & 37 Minutes) The approximate rate for Video Production work in the private sector is $1,500 per finished minute. RVTV produced 397 Minutes (6 hours & 37 Minutes) of Stand Alone Video Productions in 2007 which totals $595,500 in Production Value. 2007 Television Shows Title Client Time Inside Roanoke City of Roanoke 30:00 each Roanoke County Today Roanoke County 30:00 each Spotlight On City Schools Roanoke City Schools 30:00 each Accent Excellence Roanoke County Schools 30:00 each Roanoke County County of Roanoke 30:00 each Business Partners REConnection County of Roanoke 30:00 Total 12 12 12 12 3 1 Total: 52 Television Shows 3 Total Stand Alone Productions Total Productions City of Roanoke Roanoke County Town of Vinton 61 32 26 3 Percentage 52% 43% 5% 2007 Government Meetings Totals Meetings 24 1 1 7 23 1 2 1 1 Total: 61 Government Meetings Regular City Council Meetings City Council Budget Meeting City Council School Board Interviews City Planning Commission Meetings Regular Board of Supervisors Meetings Roanoke Valley Law Enforcement Memorial Service Vinton Public Meetings - Economic Restructuring Public Forum - Future of Roanoke City Public Schools Investiture Ceremony - County of Roanoke RVTV additionally covers many Groundbreakings, News Conferences, and Special Events County Public Safety Center Dedication Synchrony Inc., Ribbon Cutting Ceremony Patrick Henry High School Stadium Dedication Roanoke Arts Festival Vinton War Memorial Rededication Ceremony 4 RVTV Proposed 2008 - 2009 Budget 1010 Regular (Actual 186,324 + 3.5%) 2100 FICA (Employer 7.65%) 2200 Retirement - VRS (13.55% of Salary) 2202 Deferred Comp Match (650 x 4) 2300 Group Health Insurance (+5%) (Actual 22,032) 2310 Group Dental Insurance (+10%) (Actual 896 - 4 Employees) 2400 VRS Life (1.13% of Salary) 2500 Long Term Disability Insurance 3013 Professional Services - Other (Closed Captioning, Dubbing etc.) 3013A CC - City Planning Commission 3204 Repairs Vehicles (By Garage) 3209 Repairs (Other Equipment) 3305 Maintenance Service Contracts (Telephone & Non-Linear Editing) 5210 Postage 5230 Telephone 5235 Cellular Phones 5305 Motor Vehicle Insurance 5308 General Liability Insurance 5410 Lease/Rent of Equipment 5420 Lease/Rent of Buildings (8 x $3,027.76 4 x $3,118.60) 5501 Travel (Mileage) 5520 Dinner Meetings & Luncheons 5801 Dues & Association Membership (Public Relations Society of America) 6010 Office Supplies - General 6013 Small Equipment & Supplies 6014 Video Supplies 6080 Gas, Oil & Grease 6091 Tires Total 2007-2008 Budget Proposed 2008 - 2009 185,733.00 192,845.00 Remaining Balance 92,573.44 7,367.44 12,646.32 1,625.00 9,382.28 359.52 1,167.44 176.84 17,938.40 370.00 1,593.25 1,302.58 118.02 2,679.41 288.98 216.00 24.00 500.00 17,992.52 200.00 200.00 278.00 -41.25 2,155.61 3,901.62 1,003.81 188.37 $176,166.70 % Expended 50.16 48.15 49.75 37.50 54.01 58.10 44.38 49.47 34.77 7.50 20.34 18.59 32.56 33.02 39.80 83.39 98.97 o 49.50 o 120.00 278.00 106.88 20.16 41.77 33.08 5.82 48.14% *In addition to the City's share of the total budget of $353,767, the City will also pay $3,360 for closed captioning for City Planning Commission meetings. 14,209.00 25,167.00 2,600.00 20,399.00 14,753.00 26,130.00 2,600.00 23,134.00 Increase From Last Year: $14,056 or 4.1 % RVTV expended 99.51 % of its FY2006-2007 Operating Budget 858.00 986.00 Increase Excluding Personal Services (Health, Dental, VRS, Salaries etc.) From Last Year: $2,484 2,099.00 350 27,500.00 2,179.00 360.00 27,500.00 Year to Date Expenditures For the 06 Month Period Ended 12/31/07 400.00 2,000.00 1,600.00 * City Only 400.00 2,000.00 1,600.00 175.00 4,000.00 480.00 1,300.00 2,333.00 500.00 35,630.00 175.00 4,000.00 480.00 1,300.00 2,550.00 500.00 36,697.00 200.00 200.00 278.00 200.00 200.00 278.00 600.00 2,700.00 6,700.00 1,500.00 200.00 800.00 2,700.00 7,700.00 1,500.00 200.00 $339,711.00 $353,767.00 5 RVTV Financial Report Current Account Balances as of December 31, 2007 213200 (Operating Budget)................................................................. $176,166.70 213450 (New Cox Cable Capital Grant) .............................................. $993,499.58 (Balance includes accrued interest.) 213500 (RVTV Year-End Rollover Account) .................................... $150,968.06 The third, and Final Capital Grant payment of $230,000 is due on or before Nov. 1,2008. Account 213500 (RVTV Year-End Rollover) represents the unused funds from the Operating Budget since 1991. RVTV does not lose these funds at the end of the fiscal year, rather they are rolled over into this savings account which will be used for future capital purchases. 2007 Virginia Communications Sales and Use Tax Revenue Paid by Cox Communications to the Commonwealth of Virginia for the Benefit of the City of Roanoke, County of Roanoke, and Town of Vinton Starting on January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1-645 et seq.) required Cox Communications, as well as other cable television providers, to pay a five percent (5%) sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of revenues it receives from cable television providers, like Cox, to the localities. For the calendar year 2007, Cox Communications paid to the Commonwealth of Virginia a total of $2,048,799 for the benefit of the City of Roanoke, County of Roanoke, and Town of Vinton. The Commonwealth of Virginia paid to the three localities the appropriate share of this total amount as a replacement amount for the franchise fees. The three localities have previously agreed to allocate up to twenty percent (20%) of the above total revenues (which used to be referred to as franchise fees) received by the localities to the RVTV operating budget. For the coming year, that amount would be $409,759.80. However, RVTV is only requesting an operating budget of $353,767, which is $55,992.80 less than the amount that could have been allocated under the above formula. 6 2007 Cox Cable Subscribers Cox calculates the percentage of subscribers (December 31, 2007) in each locality as follows: 2006 number of subscribers in parenthesis. Locality Subscribers Percentage City 27,558 (29,366) 49% (52%) County 26,678 (24,475) 47% (43%) Vinton 2,482 (2,610) 4% (5%) Total 56,718 (56,451) 100% (100%) Based on those figures, each locality's contribution to an Operating Budget of $353,767 would be as follows: 2007 - 2008 Budget 2008 - 2009 Budget City $176,650 $173,346 * County $146,076 $166,270 Vinton $16,985 $14,151 $353,767 Total $339,711 * In addition to the City's share of the total budget of $353,767, the City will also pay $3,360 for closed captioning For City Planning Commission meetings. 7 TOWN OF VINTON 311 So. Pollard Street VINTON, VIRGINIA 24179-2531 PHONE (540) 983-0607 FAX (540) 983-0626 Darleen R. Bailey Town Clerk April 16, 2008 - - - -- 1''-' p"I(~-l'=i"-"-' 1~ITi\.1 r-l~t!;"r{ 7~1;-:, 'il,l l-..tk! . i; 1'h-:"J._II~Ob \J I '_' .... .... _' r1i .. -...,. Ms. Elaine Bays, Cable Access Director Roanoke Valley Regional Cable Television 541 Luck Avenue, S.W., Suite 145 Roanoke, VA 24016 Re: RVTV 2008/2009 Operating Budget Dear Ms. Bays: Please be advised that the Vinton Town Council, at their regular meeting of April 1, 2008, approved the FY 2008/2009 Roanoke Valley Cable Television operating budget for operation of the regional cable access Channel 3, and for the Town's proportionate share of funding. For your information, attached is a copy of Resolution No. 1776 approving the budget. Advise if you have questions or need additional information. Sincerely, 1 7 ~~.) (l..t(hL/~ --f<? c6 aA_i-E~/' Darleen R. Bailey Town Clerk Attachment pc: Ro)ert R. Altice, Chairman, Roanoke Valley Television Committee ....stephanie Moon, Clerk, Roanoke City Council Wanda Riley, Clerk to the Roanoke County Board of Supervisors Barry W. Thomp~g€JEjB~~tr~~lfImooasurer dbai ley(~Dtown. vinton. va. us ~. . RESOLUTION NO. 1776 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 1, 2008, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Town of Vinton, along with Roanoke County and the City of Roanoke pursuant to ordinance, have established the Roanoke Valley Regional Cable Television Committee, in part to assist with the development of educational channels and governmental access cable programming; and, WHEREAS, as of January 1,2007, Cox Communications and other cable companies are required to pay a five percent sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities that is to be dedicated to development, operation, and administration of the institutional network and educational and governmental cable access; and, WHEREAS, for the calendar year 2007, Cox Roanoke paid to the Commonwealth of Virginia a total of $2,048,799 that was passed on to the City of Roanoke, the County of Roanoke and the Town of Vinton by the Commonwealth of Virginia; and, WHEREAS, the three localities had previously agreed to allocate up to twenty percent of the above total revenues received by the localities, to the R VTV operating budget which would be $409,750.80 for this year; and, WHEREAS, each member jurisdiction annually approves the operating budget prepared by the Cable TV Government Access Director and recommended by the Roanoke Valley Regional Cable Television Committee for operation of the cable access Channel 3. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the 2008-2009 operating budget in the amount of$353,767, of which Vinton's allocation based on subscribers is 5%, or the amount of $14, 151 of the total budget. This resolution adopted on motion made by Councilman Rotenberry, and seconded by Vice Mayor Obenchain, with the following votes recorded: AYES: Altice, Fidler, Obenchain, Rotenberry and Mayor Grose NAYS: None ATTEST: MaA f./{~ ~ IJt1A/;;f Darleen R. Bailey, Town Clerk QIlluutlr nf ~llanllh WANDA G. RILEY, CPS CLERK TO THE BOARD wriley@roanokecountyva.gov Ms. Elaine Bayes RVTV Cable Access Director 541 Luck Ave., S.W., Suite 145 Roanoke, VA 24016 Dear Ms. Bayes: P. O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 (540) 772-2005 FAX (540) 772-2193 April 23, 2008 BRENDAJ.HOLTON,CMC DEPUTY CLERK bholton@roanokecountyva.gov MARY V. BRANDT, CPS ASSISTANT DEPUTY CLERK mbrandt@roanokecountyva.gov Attached is a copy of Action 042208-2 approving the RVTV budget for fiscal year 2008-2009. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, April 22, 2008. If you need further information, please do not hesitate to contact me. Sincerely, . ~~~ Wanda G. Riley, CPS Clerk to the Board of Supervisors Enclosure cc: Stephanie Moon, Clerk, Roanoke City Council Darleen Bailey, Clerk, Vinton Town Council C') 2 ("'.:. r;; ~;a:~ .\ 1:5> CC) ;Jie; ;.:CI (.,1..) tS, ;;g (::;;, \-_... (:) \..0 , : J ("\, ACTION NO. A-042208-2 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 22, 2008 AGENDA ITEM: Request to approve fiscal year 2008-2009 Roanoke Valley Television (RVTV) budget SUBMITTED BY: Elaine A. Bays Cable Access Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3). The initial equipment and facility for the television studio were funded through a capital grant from Cox Communications. The station is located at the Jefferson Center, and currently employs five full time staff members. The staff produces original video productions, monthly television shows, and covers live government meetings for the local governments and theirschool systems. Programming is cablecast on Cox Communications, Channel 3 and Comcast, Channel 3 in the West County area. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The operational budget for RVTV is provided by the three governments, based on the proportion of Cox customers located in each jurisdiction. Roanoke County's share ofthe cable budget is 47% which is a 4% increase (43%) from the previous year. Cable Television Staff is carried on the County's payroll and benefits system and will receive the same salary increase as County employees. ~, " During 2007-2008, Roanoke Valley Television produced a total of 113 Video Productions for the three localities and their school systems. RVTV produced the following for the County: (28) Half Hour Television Shows, (26) Original Video Productions, and RVTV covered (23) Live Board Meetings. A few examples of RVTV productions include: Multi- Gen Rec. Center, Roanoke County Informational Video, and Environmental Training. (An entire list of productions is included the Budget Packet). RVTV monthly television shows include: "Roanoke County Today," which highlights local government issues and events, and" Accent Excellence," for the Roanoke County School System. RVTV also produces two quarterly TV shows, "R9anoke County Business Partners," & "REConnection." The approximate rate for video production in the private sector is $1,500 per finished minute. Roanoke Valley Television produced 945 Minutes (15 Hours & 45 Minutes) of Original Programming & Television Shows for the County. FISCAL IMPACT: The total RVTV budgetrequest is $353,767 of which Roanoke County's share is 47%, or $166,270. This is a $20,194 increase from last year's budget. The budget amount reflects the increase of subscribers from 43% to 47%. The increase in the entire budget amount excluding Personal Services (VRS, Health Insurance, Salaries etc.) is $2,759. The total Virginia Communications Sales and Use Tax Revenue paid by Cox Communications to Roanoke County last year was $908,846. ALTERNATIVES: Alternative 1: Adopt the FY2008-2009 RVTV Operating Budget. Alternative 2: Do not adopt the FY2008-2009 RVTV Operating Budget. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends that the Board adopt Alternative 1, and approve the FY2008-2009 RVTV Operating Budget. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved 2 "".. Yes No Abs Ms. Moore [gJ 0 0 Mr. Church [gJ 0 0 Mr. Altizer [gJ 0 0 Mr. McNamara [gJ 0 0 Mr. Flora [gJ 0 0 c: Elaine Bays, Director, RVTV Rebecca Owens, Director, Finance Stephanie Moon, Roanoke Clerk of Council Darleen Bailey, Vinton Clerk of Council 3 QIoutrl1r of ~oanokc WANDA G. RILEY, CPS CLERK TO THE BOARD wriley@roanokecountyva.gov P. O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDAJ.HOLTON,CMC DEPUTY CLERK bholton@roanokecountyva.gov April 23, 2008 MARY V. BRANDT, CPS ASSISTANT DEPUTY CLERK mbrandt@roanokecountyva.gov Ms. Jacqueline L. Shuck Executive Director Roanoke Regional Airport 5202 Aviation Drive Roanoke, VA 24012-1148 ('") "'-1 :::~ .:"") , ~8 ^ ... ..0:::", IXI dr"';l .J Attached is a copy of Resolution 042208-3 approving the Roano~ Regional Airport Commission Budget for fiscal year 2008-2009. This resolution was ad cited by the Board of Supervisors at their meeting on Tuesday, April 22, 2008. ~~ CI,) ~D Dear Ms. Shuck: If you need further information, please do not hesitate to contact me. Sincerely, ~WlllW-~~ Wanda G. Riley, CPS Clerk to the Board of Supervisors Enclosure c: Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Stephanie Moon, Clerk, Roanoke City Council Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission ..... ".') ,r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 22, 2008 RESOLUTION 042208-3 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 2008-2009, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.8 of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 26, 2008, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 2008-2009 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2008-2009 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 26, 2008, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: , -.' AYES: SupeNisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~W.'-R~ Wanda G. Riley, CPS . Clerk to the Board c: Jacqueline Shuck, Executive Director, Roanoke Regional Airport Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Stephanie Moon, Clerk, Roanoke City Council 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- I 145 E-mail: cIerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 22, 2008 CECELIA R. TYREE Assistant Deputy City Clerk Daniel D. Miles, P.E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Miles: I am enclosing copy of Resolution No. 38056-042108 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2008- 2009, 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 21, 2008. Sincerely, In. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: Wanda G. Riley, CPS, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Bu.dget ~t , . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGlNIA The 21st day of April, 2008. No. 38056-042108. A RESOLUTION approvmg the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2008-2009, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2008-2009, in the amount of $9,949,615 is hereby approved, all as more particularly set forth in a letter to the City Clerk, dated March 26, 2008, from Daniel D. Miles, P.E., Chief Executive Officer of Roanoke Valley Resource Authority, copies of which have been provided to Council. ATTEST: ~ j ~..r,,;fh, rn~ /~~ "C qty, Clerk. 1_- '\ K: \Measures\rvrabudget.2009 .doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 21, 2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Daniel Miles, Chief Executive Officer of the Roanoke Valley Resource Authority, for City Council to approve its Fiscal Year 2008-2009 annual budget. Respectfully submitted, DLB:jb c: City Attorney Director of Finance City Clerk ROANOKE VALLEY RESOURCE AUTHORITY March 26, 2008 Ms. Stephanie M. Moon City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011-1536 Dear Ms. Moon: In accordance with the Member Use Agreement, the Resource Authority is submitting its 2008-2009 annual budget to the City Council for approval. Enclosed are copies ofthe 2008-2009 budget for each member ofthe City Council. A copy of the budget along with the attached letter, have been sent to Ms. Burcham. I believe this item is scheduled for action by the City Council on April 21, 2~8 at 2:00 p.m. :ztv~ Daniel D. Miles, P.E. Chief Executive Officer o;-:t r- If you have any questions, need additional copies of the budget, or tWed to reschedule our placement on the Council's agenda, please let me know. Your help wit~~his matter is appreciated. ~=. T:o ;.:rj (.1_1 1-''' ::Co ::a: :$; (I) I~..) cc: Bob Bengtson 1020 Hollins Road, NE Roanoke, Virginia 24012-8011 (540) 857-5050 Fax (540) 857-5056 Web Site: www.rvra.net I I I I I I I I I I I I I I I I I I I ROANOKE VALLEY RESOURCE AUTHORITY 2008-09 BUDGET " ' .__._--~--~--......-.---<-----:--..------------_..--"---~ ,.:"',' , .-.,..'t-~~.., t;~~.", S1\1ITH GAP LANDFILL -- I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority TABLE OF CONTENTS Budget Summary Revenues 1 3 Expenses * Persoill1e1 * Operating * Capital * Reserves * Debt Service 4 6 12 13 14 Bond/Budget Comparison Tipping Fees Breakdown Rutrough Road Landfill Appendix 14 lS 16 18 * Resolutions 2008-2009 BUDGET I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority BUDGET SUMMARY r 2008-2009 BUDGET . Roanoke Valley Resource Authority SUMMARY REVENUE 2008 -2009 Disposal Fees $ 7,956,260 Interest Income $ 657,720 Transfer from General Surplus $ 1,289,635 Sale of Recyclable Material $ 22,000 Miscellaneous $ 24,000 Transfer - Rutrough Road $ - Total $ 9,949,615 EXPENSES Personnel $ 1,711,620 Operating $ 3,648,056 Capital $ 120,000 Transfer to Reserves $ 1,710,000 Debt Service $ 2,759,939 Total $ 9,949,615 DISPOSAL FEES Municipal Per Ton $45 Private Per Ton $55 2008 -2009 BUDGET 1 Roanoke Valley Resource Authority SUMMARY BUDGETS 2003 -04 2004 -05 2005 -06 2006 -07 2007 -08 2008 -09 REVENUE Disposal Fees $ 6,719,800 $ 7,260,200 $ 7,255,240 $ 7,401,700 $ 7,821,500 $ 7,956,260 Interest Income $ 446,340 $ 371,340 $ 371,340 $ 482,720 $ 557,720 $ 657,720 Transfer from General $ 876,329 $ 875,310 $ 860,885 $ 783,555 $ 926,499 $ 1,289,635 Surplus Sale of Recyclable $ 30,000 $ 31,000 $ 24,000 $ 26,000 $ 22,000 $ 22,000 Material Miscellaneous $ 19,500 $ 28,000 $ 28,000 $. 28,000 $ 26,000 $ 24,000 Transfer - Rutrough Road $ - $ 62,665 $ 67,205 $ 68,065 $ - $ - TOTAL $ 8,091,969 $ 8,628,515 $ 8,606,670 $ 8,790,040 $ 9,353,719 $ 9,949,615 ]EXPENSES Personnel $ 1,390,008 $ 1,516,632 $ 1,581,987 $ 1,618,535 $ 1,601,810 $ 1,711,620 Operating $ 2,747,717 $ 2,871,757 $ 3,078,558 $ 3,251,186 $ 3,581,905 $ 3,648,056 Capital $ 20,000 $ 312,600 $ 15,000 $ 3,000 $ 4,500 $ 120,000 Transfer to Reserves $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,410,000 $ 1,710,000 Debt Service $ 2,774,244 $ 2,767,526 $ 2,771,125 $ 2,757,319 $ 21755,504 $ 2,759,939 TOTAL $ 8,091,969 $ 8,628,515 $ 8,606,670 $ 8,790,040 $ 9,353,719 $ 9,949,615 DISPOSAL FEES Municipal $ per ton 45 45 45 45 45 45 Private $ per ton 55 55 55 55 55 55 % INCREASE -2.2% 6.6% -0.3% 2.1% 6.4% 6.4% in expenses 2008 -2009 BUDGET 2 I I I I I I I I I I- I I I I I I I I I Roanoke Valley Resource Authority REVENUES 2008-~~q9 ~UDGET I I I I I I I I I I I I I I I I I I I R k VII R A th 'ty REVENUES .---- CODE DESCRIPTION FY07-08 FY08-09 JUST 493 Total Tipping Fees $7,821,500 $ 7,956,260 Based on tonnage r Munidpal 89,100 tons @ Commercial & Privat 57,900 tons @ Residential 6,500 tons @ Wood 11,700 tons @ Tires 15,900 11,080 tires @ 4,420 tires @ 160 tons-split . 401 Interest Income $ 557,720 $ 657,720 Debt Service Reserve Operating & Other R 956 Transfer from General $ 926,499 $ 1,289,635 Funds available fro Surplus 460 Sale of Recyclable $ 22,000 $ 22,000 Sale of Recyclable S Material Metal & Miscellaneo 459 Miscellaneous Private $ 26,000 $ 24,000 Mulch Sales Revenue . 976 Transfer from $ - $ - Deferred transfer Rutrough Road Fund TOTAL REVENUE $9,353,719 $ 9,949,615 oana e a ey esource u on - IFICATION eceipts of : 165,360 45 $ 4,009,500 e 55 $ 3,184,500 45 $ 292,500 35 $ 409,500 2 $ 22,160 5 $ 22,100 tires @ $100 $ 16,000 Total $ 7,956,260 Fund $ 132,720 eserve $ 525,000 m General Surplus fund crap us this fiscal year 0 - 20 8-2009 BUDGET 3 I I I I I I I I I I I I I I I I I I I TIPPING FEES CODE DESCRIPTION FY 07-08 FY 08-09 JUST 451 City of Roanoke $2,383,000 $ 2,214,100 Munidpal Waste 46,300 tons @ Wood Waste 3,300 tons @ Tires 3,800 whole @ 1,500 mixed @ City of Roanoke Total 452 County of Roanoke $2,009,600 $1,872,300 Munidpal Waste 39,000 tons @ Wood Waste 2,900 tons @ Tires 1,400 whole @ 2,600 mixed @ County of Roanoke Tot 453 Town of Vinton $184,300 $ 178,800 Munidpal Waste 3,800 tons @ Wood Waste 200 tons @ Tires 400 whole @ - mixed @ Town of Vinton Total 458 Commerdal $1,507,000 $1,776,200 Commercial Waste 31,900 tons @ Wood Waste 600 tons @ Tires - whole @ 140 mixed @ Commerrial Total 3a IHCATlON al 45 $ 2,083,500 35 $ 115,500 2 $ 7,600 5 $ 7,500 $ 2,214,100 45 $ 1,755,000 35 $ 101,500 2 $ 2,800 5 $ 13,000 $ 1,872,300 45 $ 171,000 35 $ 7,000 2 $ 800 5 $ $ 178,800 55 $1,754,500 35 $ 21,000 2 $ 5 $ 700 $1,776,200 2008-2009 BUDGET I I TIPPING FEES CODE DESCRIPTION FY 07-08 FY 08-09 JUSTIFICATION 459 Private $1,387,600 $1,553,700 Private Waste 26,000 tons @ 55 $ 1,430,000 Wood Waste 2,800 tons @ 35 $ 98,000 Tires 4,400 whole @ 2 $ 8,800 180 mixed @ 5 $ 900 160 split @ 100 $ 16,000 Private Total $ 1,553,700 463 Residential $350,000 $ 361,160 Residential Waste 6,500 tons @ 45 $ 292,500 Wood Waste 1,900 tons @ 35 $ 66,500 Tires 1,080 whole @ 2 $ 2,160 - mixed @ 5 $ - Residential Total $ 361,160 " TOTAL TIPPING FEE $7,821,500 $ 7,956,260 2008-2009 BUDGET 3b I I I I · I I I I I I I . I I I I I I I I Roanoke Valley Resource Authority EXPENSES PERSONNEL 2008-2009 ~-qDGET I r-- Roanoke Valley Resource Authority PERSONNEL I - CODE DESCRIPTION FY2007-OS FY200S-09 JUSTIFICATION 1010 Salaries $ 1,041,668 $1,116,864 Salaries for 29 employees 1015 Overtime $55,000 $55,000 Extra work required on Saturdays & Holidays 1020 Part - time $10,000 $24,000 Operations, Buildings and Grounds Maintenance 1116 Supplements $10,000 $10,000 Outstanding performance recognition 2100 F.I.C.A. $84,660 $91,484 7.65 % of salaries, overtime, part time 2200 Retirement - VRS $126,191 $135,453 13.44 % of salaries 26 employees $ 1,007,838 2204 Retirement - City $16,809 $17,150 15.73 % of salaries 3 employees $ 109,026 2202 Deferred Compo Match $21,840 $22,620 $30 per pay period 29 employees 2300 Hospitalization $174,059 $170,374 29 participating employees 5.0% single 18 $401 per month $ 90,956 family 8 $633 per month $ 63,806 sing+ 1 3 $413 per month $ 15,611 includes 4 retirees 2310 Dental $6,050 $7,020 27 participating employees @ $2601 month 2400 Life Insurance - VRS $11,455 $12,296 1.22 % of salaries 26 employees $1,007,838 2401 Life Insurance - City $1,161 $1,232 1.13 % of salaries 3 employees $ 109,026 2500 Long Term Disability Ins. $2,917 $3,127 Disability Insurance for 29 employees 0.56% salaries RVRA pays 50% 2700 Workers' Compo Ins. $30,000 $35,000 Workers' Compo Insurance 29 employees 2800 Termination Pay $10,000 $10,000 Annual and sick leave payments TOTAL PERSONNEL $1,601,810 $1,711,620 2008-2009 BUDGET _ I I I I I I I I I I I I I I I I I 4 I PERSONNEL Roanoke Valley Resource Authority I POSITION # GRADE CURRENT PAY RANGE I CEO 1 U Unclassified I Operations Manager 1 35 $ 61,693 to $ 91,673 I Environmental Manager 1 32 $ 53,292 to $ 79,189 Operations Supervisor $ $ 53,598 2 24 36,070 to I Administrative Assistant 1 24 $ 36,070 to $ 53,598 Administrative Secretary 1 17 $ 25,635 to $ 38,092 I Motor Equipment Operator II 12 19 $ 28,262 to $ 41,996 I Building Maintenance Mechanic 1 19 $ 28,262 to $ 41,996 Motor Equipment Mechanic 1 19 $ 28,262 to $ 41,996 I Scale Operator 1 16 $ 24,414 to $ 36,278 I Scale Operator/Office Assistant 1 16 $. 24,414 to $ 36,278 Account Oerk I 0 15 $ 21,480 to $ 31,918 I Laborer/Operator 3 13 $ 21,090 to $ 31,339 I Accountant 1 24 $ 36,070 to $ 53,598 Senior Equipment Operator 2 21 $ 31,159 to $ 46,301 I TOTAL SALARIES 29 $ 1,069,454 6/30/2008 I Adjustments: I Market 2.0% $ 21,389 $ 1,090,843 Performance 2.0% mid-point $ 23,779 $ 1,188,963 I Reclassification $ 2,242 $ Total $ 47,410 I TOTAL ADJUSTED SALARIES $ 1,116,864 I 2008 - 2009 BUDGET I 5 I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority /. EXPENSES OPERATING 2008-2009 BUUG~T I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION. FY07-08 FY08-09 JUSTIFICATION 3004 Medical Exams $ 600 $ 600 Physical exams for new employees; drug and alcohol random testing 3007 Contract Services $ 190,325 $ 199,430 Employee Assistance Program: $15.50 @ x 29 employees $ 450 Groundwater Monitoring *Drinking Water Sampling 24@$615/ sample $ 14,760 *Monitoring Wells 6 wells; 2 events/year $18,000/event = $ 40,000 Norfolk Southern Rail Inspections $ 1,000 Stormwater Discharge . *Permit Sampling 1 samples x $2,500 $ 2,500 Gas Monitoring Quarterly @ $650 $ 2,600 Oean Valley Council 12 months $ 45,000 Landscaping $200/month $ 2,400 Tire Disposal- 800 Tons @ $94.00 + Fuel Surcharge $ 84,000 Copier Rental $S60/month $ 6,720 Tier II Field Test $ - 3011 Janitorial Service $ 18,204 $ 18,204 Services for all Facilities $1,517/month $ 18,204 3012 Exterminating Services $ 1,524 $ 1,644 T5. - $72/month $ 864 S.G. - $65/month $ 780 Arbitrage Testing $ - 3013 Professional Services $ 77,565 $ 73,900 Auditing Services $ 12,000 Legal Services $ 47,000 Engineering Services $ 7,000 Software support $ 2,400 Outside Legal $ 4,000 Leachate sampling $ 1,500 3029 Munidpal Waste $ 1,760,000 $1,792,439 Norfolk Southern 153,860 58 tons/car = 2,600 2.5% increase (rail) 1,800 cars: $729/ car $ 1,312,200 853 cars: $S63/car $ 480,239 Total $ 1,792,439 2008-2009 BUDGET 6 I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY07-08 FY08-09 JUSTIFICATION 3030 Waste Water Freight $ 106,970 $ 107,160 Leachate Cars 190 Cars @ $564 $ 107,160 3035 Stone Car Freight Charge $ 8,430 $ 8,445 Stone Cars 15 Cars @ $563 $ 8,445 3101 Temporary Help $ 5,000 $ - Buildings and grounds maintenance 3202 Repairs/Office Equipment $ 1,000 $ 1,000 Maintenance and repairs to office equipment 3204 Repairs to Autos $ 4,000 $ 3,000 Maintenance and repairs to all road vehicles 3206 Repairs to Data $ 1,500 $ 2,000 Maintenance and repairs to Processing all data processing equipment 3208 Repairs to Buildings $ 80,000 $ 90,000 Maintenance and repairs to all buildings and Grounds and property; pump stations, septic tanks. 3209 Repairs to Other $ 160,000 $ 170,000 Construction Equipment Equipment Off Road Vehides $ 135,000 Tipper $ 10,000 Railcars $ 5,000 Miscellaneous Equipment $ 20,000 Tub Grinder, Seeder, etc. 3530 Printed Forms $ 3,000 $ 3,000 Letterhead, envelopes, cards, scale tickets repair orders, purchasing forms includes General Counsel 3610 Advertising $ 2,500 $ 2,500 Personnel, RFP, bids, public hearings, etc. 3620 Public Information $ .3,000 $ 2,500 Handouts $ 1,100 User Brochures $ 300 HHW Brochures $ 600 Miscellaneous $ 500 2008-2009 BUDGET 7 I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY07-08 FY08-09 JUSTIFICATION 3625 Promotional Articles $ 1,000 $ 1,000 Recycling handouts, pens, pencils, miscellaneous items 3630 Special Events $ 2,500 $ 2,500 Annual Employee Functions & Customer Appreciation Day 4600 Central Services $ 48,000 $ 49,500 Administrative services, Roanoke County/Roanoke City for data processing, accounting, miscellaneous 5110 Utilities - Electricity $ 50,000 $ 51,500 Transfer Station $1,625/month $ 19,500 Smith Gap Landfill $2,542/ month $ 32,000 5121 Utilities - Heat - Fuel $ 25,880 $ 31,500 Transfer Station Natural Gas $ 6,500 Smith Gap Landfill Propane Gas $ 25,000 5141 Water Service - Transfer $ 3,500 $ 3,500 Water Service for Transfer Station Station 5142 Sewer Service - Transfer $ 12,500 $ 12,500 Sewer Service Station Leachate - Smith Gap $ 12,500 5210 Postage $ 4,000 $ 4,000 Postage for all mailings and correspondence, postage meter rent, includes General Counsel 5230 Telephone $ 5,000 $ 5,000 Telephone service to both facilities, rental of lines & equipment, long distance calls, fax lines, includes General Counsel 5235 Cell Phones $ 1,680 $ 2,400 Service for six cell phones 2008-2009 BUDGET 8 I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY07-08 FY08-09 JUSTIFICATION 5302 Property Insurance-Fire $ 56,000 $ 39,000 Coverage for all buildings, contents, and equipment 5305 Motor Vehicle Insurance $ 9,000 $ 9,000 Insurance for on-road vehicles 5307 Public Officials Insurance $ 400 $ 400 Insurance through VML or V ACO pools 5308 General Liability Ins. $ 10,600 $ 10,600 Coverage for all facilities & property 5410 Rent of Equipment $ 12,000 $ 5,280 Rental of Miscellaneous Equipment Heavy Equipment Emergency Equipment 5501 Trave1- Mileage $ 500 $ 500 Use of personal vehicles for RVRA business, staff, and Board Members 5503 Travel- Lodging $ 2,500 $ 3,500 Out of town conference lodging, SW ANA, VML, legal conferences, including meals 5504 Conference $ 1,500 $ 2,000 Conference registrations; SW ANA, VML, legal conferences 5520 Dinner Meetings - $ 2,500 $ 3,000 Monthly Board meetings, dinners, and Luncheons luncheons associated with RVRA 5540 Training & Education $ . 2,000 $ 2,000 Operator training for hazardous materials, certification, miscellaneous 5601 Contributions $ 402,000 $ 402,000 Payments per contract to: Roanoke County $ 300,000 "- Roanoke City $ 100,000 Volunteer fire and rescue $ 2,000 2008-2009 BUDGET 9 I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY07-08 FY08-09 JUSTIHCATION 5801 Dues $ 1,500 $ 1,000 Professional &. Association dues: SW ANA, SWVSWMA, &. IAAP Returned check fees and mise. fees 5815 Warrants and Fees $ 19,200 $ 19,200 DEQ annual fee --$18,000 Returned check fees $1,200 5823 Employee Recogniti()ll $ 6,000 $ 6,000 A wards and Certificates 5850 Miscellaneous Operating $ - $ - No programs planned 6010 Office Supplies $ 6,000 $ 4,000 Office paper, pens, pencils, folders, etc. 6011 Photocopies $ 400 $ 400 Miscellaneous Photocopies 6013 Small Equipment &. $ 10,000 $ 12,000 Small items of office and shop equipment Supplies and supplies, tools, miscellaneous 6040 Medical Supplies $ 1,000 $ - Moved to Safety Equipment Fund 6050 Janitorial Supplies $ 1,500 $ 1,500 Supplies for general cleaning &. sanitation 6071 Radio Parts $ 3,600 $ 3,600 Communications EqUipment 6080 Gas, Oil, Grease $ 260,000 $ 275,000 Fuel for all equipment and vehicles, includes oil, lubricants 6091 Tires, Tubes, Parts $ 50,000 $ 60,000 Replacement and maintenance parts and supplies for all equipment and vehicles 6130 Uniform and Weating $ 14,000 $ 14,100 Safety Shoes - 24 employees $ 2,400 Apparel Rain gear, shirts, hats, misc. $ 1,500 Rental of uniforms - 24 $ 10,000 mats &. towels $ 200 10 2008-2009 BUDGET I I I I I I I I I I I I I I I I I I I R kVllR A th 'ty OPERATING ,---- oano e a ey esource u on CODE DESCRIPTION FY07-08 FY08-09 JUSTIFI 6202 Subscriptions $ 100 $ 100 Professional magazines 6203 Books $ 200 $ 200 ~cellaneousbooks 6211 Code Books $ - $ - ~cellaneous legal co 6501 Other Operating Supplie $ 25,000 $ 25,000 Disinfectants, deodoriz gravel and stone for ro fertilizers and lime for areas and other areas, office supplies 6503 Fire Equipment and $ 1,200 $ 1,200 Fire hoses & extinguish Supplies and for annual inspec 6510 Safety Equipment and $ 1,200 $ 2,000 Update Red Cross vide Supplies 9670 Un-appropriated Balance $ 104,327 $ 106,254 For unexpected expen TOTAL OPERATING $ 3,581,905 $ 3,648,056 CATION and manuals and manuals de books ers, salt for roads, ads, seed, mulch seeding slopes, fill miscellaneous ers replacements & tions for both facilities o and books ditures 3.0% 2008-2009 BUDGET 11 I I I I I I I I I I I I I I I I I I I '.> Roanoke Valley Resource Authority EXPENSES CAPITAL 2008-2009 BplJ.GET I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority eAPIT AL CODE DESCRIPTION FY07-08 FY08-09 JUSTIFICATION 8101 Machinery & Equipment $ - $ - New 8102 Machinery & Equipment $ - $ - Replacement 8201 Furniture, Office $ - $ - Equipment New 8202 Furniture, Office $ - $ - Equipment Replacement 8302 Communications $ 3,000 $ - Equipment Replacement 8402 Small Capital Outlay $ - $ - Replacement 8701 Data Processing $ - $ - Equipment New 8702 Data Processing $ - $ - Equipment Replacement 8902 New Building $ - $ 120,000 HHW storage building TOTAL CAPITAL $ 3,000 $ 120,000 2008-2009 BUDGET 12 I I Roanoke Valley Resource Authority I I I I I I I I I I I I I I I I I EXPENSES RESERVES ~OOs..2D09 BUDGET I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority RESER YES CODE DESCRIPTION BALANCE DEPOSIT EXPENSE BALANCE JUSTIFICATION 7N2008 2008-09 2008-09 6/30/09 924500 Landfill Oosure $ 5,362,755 $ 600,000 $ 2,351,000 $ 3,611,755 As required by Bond Indenture and State & FederIDregmationsto close Smith Gap landfill. Expenditure for construction of Phase I. 925010 Repair & $1,749,654 $ 400,000 $1,500,000 $ 649,654 For replacement of Replacement equipment per Reserve equipment replacement schedule. 925020 EnvironmentID $ 500,000 $ - $ - $ 500,000 Groundwater Contingency Fund protection fund per locID permit. 925030 Landfill Host $ 118,000 $ 10,000 $ - $ 128,000 As per locID permit. Community There are no planned Improvement Fund expenditures. 925040 Property V IDue $ 443,193 $ - $ - $ 443,193 As per locID permit. Protection. Current fund is adequate based on anticipated SIDes. 925050 Future Site $1,495,585 $ 500,000 $ 831,000 $ 1,164,585 Construction of Development Phase 5 and Project Management 925060 Landfill Interim & $ 244,000 $ - $ - $ 244,000 For development of Post Development . unused portions of Smith Gap property for recreation. 925065 CapitID $ - $ 200,000 $ 70,000 $ 130,000 For maintenace and Improvement improvements to the Fund facilities. Expenditure to replace carpet and tile TOTAL RESERVE $ 9,913,187 $ 1,710,000 $4,752,000 $ 6,871,187 FUNDS 2008-2009 BUDGET 13 I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority BONDIBUDGET COMPARISON ~qp8-20q9 6.uoqf;T I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority BOND BUDGET COMPARISON CATEGORY BOND CURRENT FY2008-09 PROJECTION BUDGET BUDGET WASTE GENERATION (Tons) Solid Waste Generated Residential Waste 84,000 100,700 95,600 Commercial Waste 111,300 50,000 57,900 Less: Additional Source Recycling Residential Waste (5,200) 0 0 Commercial Waste (7,000) 0 0 Solid Waste to the System 183,100 150,700 153,500 . OPERATING REVENUES Tipping Fee Revenue Requirement $ 13,346,000 $ 7,821,500 $ 7,956,260 Interest Income $ 1,034,000 $ 557,720 $ 657,720 Recycling Income $ - $ 48,000 $ 46,000 Transfer from General Surplus $ - $ 926,499 $ 1,289,635 Other Income $ - $ - Total Operatin~ Revenues $ 14,380,000 $ 9,353,719 $ 9,949,615 OPERATING EXPENSES Landfill and Transfer Station $ 5,064,000 $ 2,912,815 $ 3,171,632 Rail Expenses $ 2,842,000 $ 1,875,400 $ 1,908,044 Total Operatin~ Expenses $ 7,906,000 $ 4,788,215 $ 5,079,676 NET REVENUE AVAILABLE for DEBT SERVICE $ 6,474,000 $ 4,565,504 $ 4,869,939 DEBT SERVICE $ 3,589,000 $ 2,755,504 $ 2,759,939 DEPOSITS TO RESERVE ACCOUNTS Oosure Fund $ 500,000 500,000 600,000 Renewal and Replacement Funds Repair & Replacement Reserves $ 700,000 400,000 400,000 Environmental Contingency Fund $ 130,000 - - Host Community Improvement $ 10,000 10,000 10,000 Property Value Protection $ - - - Capital Improvement Fund $ - - 200,000 Total Deposits to R & R Fund $ 840,000 $ 410,000 $ 610,000 HOST FEES $ 400,000 $ 400,000 $ 400,000 EXCESS REVENUES $ 1,145,000 $ 500,000 $ 500,000 INDENTURE COVERAGE TEST (.10 minimum) 0.3190 0.1815 0.1812 ADDITIONAL DEPOSITS TO RESERVES Further Site Development $ 920,000 $ 500,000 $ 500,000 Interim and Post Development $ 25,000 $ - $ - Recycling $ 200,000 $ - $ - Total Additional Deposits to Reserves $ 1,145,000 $ 500,000 $ 500,000 SOLID WASTE TIPPING FEES ($/ton) Residential (Municipal) $ 69.18 $ 45.00 $ 45.00 Commercial $ 74.18 $ 55.00 $ 55.00 2008--2009 BUDGET 14 I I I I I I I I' I I I I I I I I I I I Roanoke Valley Resource Authority TIPPING FEE BREAKDOWN 400~.2009 BUDGET I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority TIPPING FEE BREAKDOWN CATEGORY LANDFILL TRANSFER TRANSPORT. TOTAL PERCENT OPERATIONS 22.17 10.92 12.43 45.52 59% DEBT SERVICE 7.91 4.14 5.93 17.98 23% DEPOSITS AND 12.23 1.51 0.00 13.75 18% RESERVES * TOTAL 42.32 16.57 18.36 77.25 100% PERCENT AGE 55% 21% 24% 100% NOTES: Operations costs are estimated to be 67% landfill and 33 % transfer station. $ 5,079,676 Rail operating costs $ 1,908,044 Debt service based on construction costs: 44% landfill, 23% transfer, 33% rail. $ 2,759,939 Deposits allocated as 89% landfill, 11% transfer (includes host fees). $ 2,110,000 Based on receiving a total of 153,500 tons * Additional revenue other than tipping fees allows total to be reduced to the proposed rates of: Municipal $ 45.00 per ton Commercial $ 55.00 per ton 2008-2009 BUDGET 15 I I I I I I I I I' I I I I I I I I I I Roanoke Valley Resource Authority " I . RUTROUGH ROAD LANDFILL 2008-2009 BUDGET I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority RUTROUGH ROAD LANDFILL CODE DESCRIPTION FY07-08 FY08-09 JUSTIFICATION Beginning Balance $ 4,669,181 $ 4,377,881 Antidpated Balance July 1, 2008 , , Expenditures -Budgeted $ 411,300 $ 365,300 All Post Oosure Care Activities Interest $ 120,000 $ 120,000 Estimated Interest Income from Investments ESTIMATED BALANCE $ 4,377,881 $ 4,132,581 2008-2009 BUDGET 16 I I I I I I I I I I I I I I I I I I I Roanoke Valley Resource Authority RUTROUGH ROAD LANDFILL CODE DESCRIPTION FY07-08 FY08-09 JUSTIFICATION 3007 Contract Services $ 140,800 $ 90,800 Groundwater Monitoring Lab Analysis - 2 Events $ 35,000 Gas Monitoring Quarterly $950jEvent $ 3,800 Gas Extraction System $ 12,000 monitoring Cap Maintenance $ 30,000 miscellaneous seeding, grading, E & S control care Road Maintenance Stone $ 10,000 Synthetic cap installation $ - Assessment of Corrective $ - Measures 3013 Professional Services $ 62,000 $ 66,000 Engineering Services Groundw;ater Sampling 2 Events @ $18,000 $ 36,000 Groundwater Assessment $ 10,000 Program Miscellaneous $ 10,000 Legal Services $ 10,000 .3208 Repair and Maintenance $ 200,000 $ 200,000 Disposal of Leachate $ 200,000 5110 Utilities - E1ectridty $ 6,000 $ 6,000 Electric Service for Blower jFlare Station 5230 Telephone $ - $ - Included in internal services 5815 Warrants & Fees $ 500 $ 500 DEQ Annual Fee 5850 Miscellaneous $ 2,000 $ 2,000 advertisement and bottled gas. 6302 Property Insurance $ - $ - Coverage for Flare Station and Assodated Equipment 8101 Machinery & Equipment $ - $ - 9808 Transfer to RVRA $ - $ - Administrative Cost not charged this FY Operations to assist in finandal assurance calculations . . TOTAL $ 411,300 $ 365,300 2008-2009 BUDGET 17 I I Roanoke Valley Resource Authority I 1 1 1 1 1 I I 1 1 I I I I 1 1 I. ";. ' APPENDIX 20Q~2QP9 ~UPGET . ; I I I I I I I I I I I I. I I I I I I I RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY Adopted this 26th day of March 2008 RA#2008-499 A RESOLUTION approving the Authority's annual budget for fiscal year 2008- 2009 and authorizing submittal of such budget to the governing bodies of the Charter Member Users for approval. " BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 2008-2009 Annual Budget for the Roanoke Valley Resource Authority as set forth in the report and accompanying attachments by the Chief Executive Officer dated March 26, 2008, and submitted to this Board is hereby approved; 2. The Authority Chairman is authorized on behalf of the Authority to submit the fiscal year 2008-2009 annual budget and related documents to the governing bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991, as amended. On motion of Ms. Hyatt and carried by the following recorded roll call vote: AYES: Mr. Bengtson, Ms. Hyatt, Ms. Snyder, Mr. Tensen NAYS: ABSENT: Ms. Green, Mr. Levy ATTEST:fiJJt:<M~ 1~a..flo4V Deborah T. Charles RVRA Board Secretary ~ QInuntlJ nf ~ctnnkc WANDA G. RilEY, CPS CLERK TO THE BOARD wriley@roanokecountyva.gov P. O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON, CMC . DEPUTY CLERK bholton@roanokecountyva.gov April 11, 2008 MARYV. BRANDT, CPS ASSISTANT DEPUTY CLERK mbrandt@roanokecountyva.gov Mr. Daniel Miles, CEO Roanoke Valley Resource Authority 1020 Hollins Road Roanoke, VA 24012 Dear Mr. Miles: Attached is a copy of Resolution 040808-4 approving the Roanoke Valley Resource Authority budget for the fiscal year 2008-2009. This resolution was adopted by the Board of Supervisors attheir meeting on Tuesday, April 8, 2008. If you need further information, please do not hesitate to contact me. Sincerely, ~9.)~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors Enclosure cc: Stephanie Moon, Clerk, Roanoke City Council Darleen Bailey, Clerk, Vinton Town Council Diane D. Hyatt, Chief Financial Officer w/o Enc. Paul M. Mahoney, County Attorney w/o Enc. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, APRIL 8,2008 RESOLUTION 040808-4 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE FISCAL YEAR 2008- 2009 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, by report dated March 26, 2008, a copy of which is on file in the office of the Clerk of the Board, the Chief Executive Officer of the Roanoke Valley Resource Authority has submitted a request that the County approve the FY 2008-2009 budget of the Roanoke Valley Resource Authority. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2008-2009 budget for the Roanoke Valley Resource Authority as set forth in the March 26, 2008, report of the Authority Chief Executive Officer, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None . A COPY TESTE: ~~.~ Brenda J. H ton, CPS Deputy Clerk to the Board cc: Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Daniel Miles, CEO, RVRA 1:. , TOWN OF VINTON 311 So. Pollard Street VINTON, VIRGINIA 24179-2531 PHONE (540) 983-0607 FAX (540) 983-0626 Darleen R Bailey Town Clerk April 30, 2007 tIn'!',! . ........ i:"Ii,... ~;I JrJ:~1"': . t'.t....1fi.. "/17yj... ~ ., I ~tt::' . ',ltW'. '/~'t " ...,....' ....~. Mr. Dan Miles, CEO Roanoke Valley Resource Authority 102 Hollins Road Roanoke, Virginia 24012 Dear Mr. Miles: Attached is a copy of Resolution No. 1777 approving the Roanoke Valley Resource Authority budget for fiscal year 2008-2009. This resolution was adopted by Vinton Town Council at their regular meeting on Tuesday, April 15, 2008. Please advise if you need any further information. Sincerely, fJ Ct:\.JLeL<-- --11 .tJ ~'i Darleen R. Bailey Town Clerk Enclosure r .. "'. ~ cc: .stephanie Moon, Clerk, Roanoke City Counc.il Wanda Riley, Clerk, Roanoke County Board of Supervisors Barry W. Thompson, Finance Director/Treasurer dbail ey{cV,vintonva. gOY RESOLUTION NO. 1777 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, APRIL 15, 2008, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton, along with Roanoke County and Roanoke City are the governing bodies ofthe Roanoke Valley Resource Authority (RVRA); WHEREAS, in accordance with the Member Use Agreement dated 23 October 1991, the annual budget of the Authority.must be submitted for approval by each of the governing bodies; and WHEREAS, on March 26, 2008, the RVRA approved its 2008-2009 annual budget in the amount of $9,949,615 to be submitted for approval. NOW THEREFORE BE IT RESOL YEn, that the Vinton Town Council does hereby approve the 2008-2009 operating budget in the amount of$9,949,615 to operate and maintain the Roanoke Valley Resource Authority. Adopted on motion made by Councilman Rotenberry, and seconded by Councilwoman Fidler, with the following votes recorded: AYES: Altice, Fidler, Obenchain, Rotenberry & Mayor Grose NAYS: None APPROVED: ATTEST: O~L~ cR. 6~ Darleen R. Bailey, Town 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-m'ail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 22, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38057-042108 appropriating funds from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for upgrades, maintenance, and other charges in the Office of Circuit Court Clerk, and amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008, and is in full force and effect upon its passage. Sincerely, jpp.~ .In.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Brenda S. Hamilton,' Clerk, Office of Clerk of Circuit Court Darlene l.Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget ~~ ~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 2008. No. 38057-042108. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for upgrades, maintenance, and other charges in the Office of Circuit Court Clerk, amending and reordainin9 certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Comp Board Tech Trust Fund FY08 35-120-5154-2010 $ 45,391 35-120-5154-5154 45,391 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: '{n' !/ ... ,',../,,:,"~AJ . I', I ,. C- Cit Clerk." y .. \:'< c~o~ ~i~ \.) CLERK OF CIRellI')' a O&~-l> Criminal: (540) 853-6723 Civil: (540) 853-6702 CIRCUIT COURT OF THE CITY OF ROANOKE TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA 315 Church Avenue, S.w. P.O. Box 2610 Roanoke, Virginia 24010 BRENDA S. HAMILTON CLERK April 21, 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: ACCEPTANCE OF COMP BOARD TECHNOLOGY TRUST FUNDS Background: The Clerk of the Circuit Court is responsible, by statute, for the recordation of legal instruments. These instruments include: Land Records, Marriage Licenses, Financing Statements, Assumed Names, Wills and other Probate Records; and Law, Chancery and Criminal Orders. These Records must be maintained and be available to the public. The State Compensation Board through the Technology Trust Fund has made available funds to be allocated toward contractual obligations for those offices that have indicated funds were needed. The Circuit Court Clerk's Office for the City of Roanoke has been allocated reimbursement in the amount of $45,391, for charges by the Supreme Court of Virginia and Sutton Information Systems. These charges were for equipment upgrades, maintenance and plat scanning, and conversion. Considerations: The acceptance of these funds is vital to the Circuit Court Clerk's Office meeting the year- end budget obligations and reduces the local cost. Recommended Action: Accept funding from the Compensation Board Technology Trust Fund in the amount of $45,391. Honorable Mayor and Members of City Council April 21, 2008 Page 2 Adopt the accompanying budget ordinance to appropriate funding of $45,391 and to establish a revenue estimate in the same amount in accounts to be established by the Director of Finance in the Grant Fund. ;J~Jt~ BSH:jmh c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget 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 21, 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: Acceptance of Technology Trust Funds for the Clerk of Circuit Court C008-00001 I concur with the recommendation from Brenda S. Hamilton, Clerk of Circuit Court, for the City of Roanoke, with respect to the subject reference above and recommend that City Council adopt the budget ordinance to establish a revenue estimate in the amount of $45,391.00 and appropriate funding in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Darlene L. Burc City Manager DLB:ld i-') ! i ,-.;- '_' ~.L~', l_"( c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman Stovall, Director of Management and Budget /' 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 21, 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: Emergency Procurement of HVAC Services for Commonwealth Building Pursuant to the requirement of 941 of the City Charter, this is to advise Council that an emergency procurement has been approved for HVAC services for the Commonwealth Building. Such services will involve lab9r, material and equipment to clean and coat the building's five air conveyance systems. This action is being taken as a result of the U. S. General Services Administration (GSA) requesting immediate corrective action for the HVAC system emitting black soot material from the duct work in the U.S. Bankruptcy Court. I have therefore authorized services through Southern Air to perform the necessary repair, cleaning and testing of the HVAC ductwork system. Work will be scheduled immediately. This is for informational purposes and no action by Council is required. Respectfully submitted, ~ D~rlen~ L. Bur l' am City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Kenneth S. Cronin, Director of General Services Sharon T. Gentry, Purchasing Manager James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget 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 STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 22, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38059-042108 establishing revenue estimates and appropriating or transfer expenses to fund the operations of the Campbell Garage for the remainder of fiscal year 2008, and amending and reordaining certain sections of the 2007-2008 Parking Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008, and is in full force and effect upon its passage. Sincerely, , h,.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director, Management and Budget , Deborah J. Moses, Parking Coordinator ~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 2008. No. 38059-042108. AN ORDINANCE to establish revenue estimates and appropriate or transfer expenses to fund the operations of the Campbell Garage for the remainder of fiscal year 2008, amending and reordaining certain sections of the 2007-2008 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2908 Parking Fund Appropriations be, and the same are hereby,' amended and reordainE3d to read and provide as follows: Appropriations Administrative Supplies - Market Garage Building Maintenance - Elmwood Lot Professional Services - Campbell Garage Telephone - Campbell Garage Electric - Campbell Garage Water and Sewage - Campbell Garage Administrative Supplies - Campbell Garage Equipment Maintenance - Campbell Garage Building Maintenance - Campbell Garage Administrative Supplies - Ctr in Sq Garage Building Maintenance - Ctr in Sq Garage Building Maintenance - Williamson Lot Revenues Campbell Garage Monthly Parking Campbell Garage Short Term Parking 07-540-8200-2030 $ 07-540-8208-2050 07-540-8213-2010 07 -540-8213-2020 07 -540-8213-2022 07-540-8213-2026 07-540-8213-2030 07-540-8213-2048 07-540-8213-2050 07-540-8215-2030 07 -540-8215-2050 07-540-8230-2050 07-110-1234-0592 07-110-1234-0593 (2,000) (4,450) 18,100 300 3,800 100 2,000 250 3,000 (1,500) (11,900) (3,000) 2,700 2,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: I.; ~j \,' ( i\~;, k I iI, I .~,.~ City Clerk. " CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk May 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Revised Resolution No. 38058-042108 naming a new City parking garage the Campbell Garage; establishing parking fees for such new garage; providing that the provisions of Resolution No. 37901-091707 establishing parking procedures and other matters for City parking facilities shall also be applicable to Campbell Garage; and directing amendment of the Fee Compendium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21 , 2008. Sincerely, Cfl:L0) Sheila N. Hartman, CMC Deputy City Clerk SNH:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director, Management and Budget Deborah J. Moses, Parking Coordinator p ,-r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of Apri1, 2008. No. 38058-042108. A RESOLUTION naming a new City parking garage the Campbell Garage; establishing parking fees for such new garage; providing that the provisions of Resolution No. 37901-091707 establishing parking procedures and other matters for City parking facilities shall also be applicable to Campbell Garage; and directing amendment ofthe Fee Compendium. BE IT RESOLVED by the Council of the City of RoanQke that: 1. In accordance with the recommendation in the City Manager's letter to Council dated April 21, 2008, Council hereby names the new City parking garage located at 335 Campbell Avenue, S.W., the "Campbell Garage." 2. The parking fees for the Campbell Garage shall be in accordance with the following fee schedule effective May 1, 2008: Campbell Garage Fee Schedule Monthly umeserved $65/mo ..", .....\ Short term weekdays 8 am to 4 pm Per .5 hr. $1.00 over 2.5 hrs. $6.00 . Short term weeknights $2.00 flat rate 4 pm to 9 pm Saturday FREE Sunday FREE R-CampbeIl Garage.doc 1 3. The provisions of Resolution No. 37901-091707, adopted by Council on September 17, 2007, establishing parking procedures and other items for City parking facilities are hereby incorporated herein by reference and are hereby applicable to Campbell Garage. 4. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as ofthat date, shall be amended to reflect the new fees to be charged at the Campbell Garage' ATTEST: t>). ~ R-Campbell Garage.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 21, 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: Naming of a New City Parking Garage and Establishment of Parking Fees and a Revenue Estimate for Such Garage Background: On June 21, 2004, City Council authorized the issuance of bonds to fund the development and construction of a new public parking garage to be located at 335 Campbell Avenue, SW. On February 21, 2007, the City contracted with Donley's LLC for the design and construction of this parking garage. This new garage is expected to open to the public in May of 2008. Considerations: In preparation for the opening of this garage it is necessary to name the garage and to establish parking fees to be charged to users of the garage. The name recommended for this garage is the "Campbell Garage." The proposed fees are set forth in Attachment A to this letter. Such parking fees are consistent with the parking fees established by Council for other City garages in Resolution No. 37901-091707, adopted on September 17, 2007. Honorable Mayor and Members of City Council April 21, 2008 Page 2 Recommended Action: City Council approve naming the new garage "Campbell Garage." City Council approve the parking fees as set forth in Attachment A for Campbell Garage and amend the City's Fee Compendium to reflect such fees to start on May 1, 2008. Provide that the provisions of Resolution No. 37901-091707 establishing parking procedures and other matters for City parking facilities shall also be applicable to Campbell Garage. Adopt the accompanying budget ordinance to establish a revenue estimate for the remainder of FY08 for this facility in the amount of $4,700 and appropriate funding of the same in expense accounts to be established by the Director of Finance in the Parking Fund. Darlene L. Bur City Manager DLB:djm 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 Debbie Moses, Parking Coordinator CM08-00056 '..;._ L. 'f i ' " Attachment A to Council Letter No. CM08-00056 Campbell Garage Fee Schedule Monthly unreserved $65/mo Short term weekdays 8 am to 4 pm Per .5 hr. $1.00 over 2.5 hrs. $6.00 Short term weeknights $2.00 flat rate 4 pm to 9 pm Saturday FREE Sunday FREE Campbell Garage Budget FY08 Revenues Short Term $ 2,000 Long Term 2,700 Total Revenues 4,700 Expenses Fees for Professional Services 3,650 Administrative Supplies 200 Telephone 100 Utilities 250 Maintenance Building 500 Total Expenses $ 4,700 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 STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk April 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38058-042108 naming a new City parking garage the Campbell Garage; establishing parking fees for such new garage; providing that the provisions of Resolution No. 37901- 091707 establishing parking procedures and other matters for City parking facilities shall also be applicable to Campbell Garage; and directing amendment of the Fee Compendium. " The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008. Sincerely, JRJt~fn.~~ 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 James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director, Management and Budget Deborah J. Moses, Parking Coordinator .~ p. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st aay of April, 2008. No. 38058-042108. A RESOLUTION naming a new City parking garage the Campbell Garage; establishing parking fees for such new garage; providing that the provisions of Resolution No. 37901-091707 establishing parking procedures and other matters for City parking facilities shall also be applicable to Campbell Garage; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that: L In accordance with the recOlmnendation in the City Manager's letter to Council dated April 21 , 2008, Council hereby names the new City parking garage located at 355 Campbell Avenue, S.W., the "Campbell Garage." 2. The parking fees for the Campbell Garage shall be in accordance with the following fee schedule effective May 1, 2008: Campbell Garage Fee Schedule Monthly unreserved $65/mo Short tenn weekdays 8 am to 4 pm Per .5 hr. $1.00 over 2.5 ills. $6.00 Short term weeknights $2.00 flat rate 4 pm to 9 pm Saturday FREE Sunday FREE R-Campbell Garage.doc 1 3. The provisions of Resolution No.3 790 1-091707, adopted by Council on September 17, 2007, establishing parking procedures and other items for City parking facilities are. hereby incorporated herein by reference and are hereby applicable to Campbell Garage. 4. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees to be charged at the Campbell Garage' ATTEST: tt+h'./',:" J_ii"J.-\......., ~<'3'Yv r~a,rl . \""1 ! '. \ City Cfeik ! R-Campbell Garage.doc 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 CECELIA R. TYREE Assistant Deputy City Clerk April 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication recommending approval and re-establishment of the' Downtown Residential Parking Program for City-owned or controlled parking garages for a two-year period, effective from April 1, 2008, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008. The matter was tabled and referred back to the City Manager to receive comments from downtown residents/Downtown Roanoke, Inc., and report back to the Council. Sincerely, 1r11~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Jesse A. Hall, Director of Finance . R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Deborah J. Moses, Parking Coordinator 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 21, 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: Reestablishment of the Downtown Residential Parking Program for City Owned and Operated Parking Garages Background City Council previously approved a program to provide residents within the Downtown Service District up to two parking spaces in certain City owned and/or operated parking garages (Resolution No. 36992-032105) That action has been in effect for three years and expired as of March 31, 2008. Currently there are 67 residents that take advantage of this program using the Center in the Square, Elmwood Park, Church Avenue, Tower and Market Garages. Gainsboro Garage has not been part of the residential parking program to date. Primary users of this Garage, the residents of 8 Jefferson Place, have been provided one parking space in the Gainsboro Garage, which is paid for by the City of Roanoke per the terms of the Shenandoah Crossing Agreement between the City and Roanoke Redevelopment and Housing Authority that developed the apartment project. This parking provision will end in November of 2008, which means that such residents will be required to pay full public parking rates for any spaces which they wish to use in City parking garages. There are currently 76 residents of 8 Jefferson Place taking advantage of the Shenandoah Crossing Agreement. Honorable Mayor and Members of City Council April 21, 2008 Page 2 In addition, the City has constructed a new 353 space public parking garage at 335 Campbell Avenue ( Campbell Garage) which will be open to the public in May of 2008. The addition of this new facility to the residential parking program will greatly enhance the City's ability to provide parking in the Central Business District, as defined below, (CBD), including residential uses. Considerations: The City desires to reestablish its downtown residential parking program for an additional two years under the City of Roanoke Residential Parking Program (Program) set out in Attachment A to this letter. In order to provide equity in the Program for all residents in the CBD and to increase the supply of available parking for all users, the City should add the Gainsboro and Campbell Garages to the reestablished Program. For the purpose of the Program the CBD would be redefined in paragraph 2 of Attachment A. Projected growth in residential development has placed new demands on evening and weekend parking, as well as weekday parking. The addition of these two garages will add over seven hundred parking spaces to the Residential Parking Program to address this growth. Recommendation: City Council adopt a resolution approving and reestablishing the above referenced Program, as set forth in Attachment A, to provide parking permits for residents within the CBD in City owned and/or operated parking garages in accordance with the Program. City Council provide that such Program be effective retroactively from April 1, 2008, and extend through March 31, 2010, unless sooner modified or terminated by City Council. Authorize the City Manager to take such actions as may be needed to implement, administer, and enforce such Program. Respectfully submitted, .cALJ~ if Darlene L. Burcham I . ." .: ' .' ; . "":" \./ . ::C1ty'Managet I 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 Debbie Moses, Parking Coordinator CM08-00058 p.-r: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION reestablishing and adopting a Residential Parking Program retroactive to April I, 2008, providing for up to one free parking pem1it and one reduced price parking permit for certain downtown residents under certain conditions in City owned or operated parking garages, as recommended by the City Manager; and authorizing the City Manager to take sllch actions as may be needed to implement, administer, and enforce sllch Program. WHEREAS, this Council seeks to encourage persons to live downtown; and WHEREAS, the provision of adequate parking in the downtown area is critical to the success of City Council's goal of encouraging downtown housing. THEREFORE, BE IT RESOLVED by the COllncil ofthe City of Roanoke as follows: 1. City Council approves, adopts, and hereby reestablishes a Residential Parking Program (Program) providing for up to one free parking permit and one reduced price parking permit for certain downtown residents under certain conditions in certain City owned or operated parking garages, the details of which are set forth in the City Manager's letter dated April 21, 2008 to this Council, and Attachment A to such letter. Council also appr?.:r,es the Program's definition of the Central Business District set forth in paragraph 2 of Attachment A. R-downtown residential parking.doe 1 2. This Program shall be effective retroactive from April 1, 2008, and extend through March 31, 2010, unless sooner modified or terminated by City Council. 3. The City Manager is authorized to take such actions as may be needed to implement, administer, and enforce such Program. ATTEST: City Clerk. R-downtown residential parking.doc 2 Attachment A To Council Letter CM08-00058 Effective Date - April 1, 2008 City of Roanoke Residential Parking Program for City Owned and Operated Parking Garages 1. This City of Roanoke Residential Parking Program (Program) applies to residents living in the City's Central Business District. 2. For this Program the Central Business District (CBD) is defined as the area bounded by: BEGINNING at the intersection of Interstate 581 and Kimball Avenue, N.E. and proceeding south on Interstate 581 to its intersection with Elm Avenue, S.E.; then proceeding westwardly along Elm Avenue to its intersection with Franklin Road, S.W.; then proceeding northwardly along Franklin Road to its intersection with Marshall Avenue, S.W.; then proceeding westwardly along Marshall Avenue, S.W. to its intersection with 5th Street, S.W.; then proceeding northwardly along 5th Street, S.W. to its intersection with the Norfolk Southern Railway tracks; then proceeding eastwardly along those railway tracks, to their intersection with 2no Street/Gainsboro Road, N.W.; then proceeding northwardly along Gainsboro Road, N.W. to its intersection with Wells Avenue, N.W.; then proceeding eastwardly along Wells Avenue through its intersection with Williamson Road, and continuing eastwardly along Kimball Avenue, N.E. to its intersection with Interstate 581; to the point of BEGINNING. 3. The Program will provide one unreserved monthly parking permit for use in a City owned or operated parking garage, without a charge, upon request from a resident of an occupied residential dwelling unit located in the City's CBD, subject to availability. 4. In addition to the above mentioned permit, qualifying residents may purchase one (1) additional unreserved parking permit at a cost of 50% of the then current posted unreserved parking permit rate in the parking garage for which it is purchased, subject to aVc;l.jlabili,tY._.The .posted rate is subject to being changed by the City and the cost of ~;uch p-errriits 'will reflect any such changes. Residents may qualify for the purchase of this one (1) additional discounted unreserved parking permit if more than one person is listed on the proof of residency document(s), as defined below. 1 5. All residential parking permits shall be provided as unreserved parking permits with the exception of permits issued to residents of residential dwelling units which have a structural connection, such as a corridor, to a City owned or operated parking garage. Qualifying residents of such units will be provided one (1) reserved parking permit at no charge per occupied dwelling unit and may purchase one (1) additional reserved parking permit at a cost of 50% of the then current public posted reserved parking permit rate for that specific garage. The posted rate is subject to being changed by the City and the cost of such permits will reflect any such changes. Residents will qualify to purchase this one discounted reserved parking permit if more that one person is listed on the proof of residency document(s), as defined below. All such structural connections are subject to prior approval by the City and the City will determine if such connection meets the provisions of this paragraph. 6. The number of permits to be offered for each garage for the Program is subject to the City's sole determination of the availability of such permits for each garage. If the City determines that no such permits are available for a particular garage, then no permits will be issued for that garage. 7. Residents in the CBD may apply and qualify for the above month to month residential parking permits subject to verification of residency. Proof of residency requires a residency document (s), which includes, but is not be limited to a signed lease agreement, deed, signed closing contract, property tax bill, or similar document for the residential dwelling unit the resident occupies. The City of Roanoke reserves the right to request proof of residency from any resident at any time, and will request such proof every six months after a resident's acceptance into the Program. If an additional parking permit is to be requested, the residency document(s) must contain the name of the additional resident requesting the additional permit. 8. A resident of the Central Business District is defined as a person who is living in the CBD who can show proof of residency through sufficient residency documents, as set forth above. The resident must also possess a current Virginia vehicle registration in the name of the resident and/or permanent occupant residing at the same address as the resident. 9. On or after April 1, 2008, new 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 $10.00 per card deposit in addition to the above processing fee in order to be fully eligible and qualified to participate in the Program. 10. The City's designated manager of the parking garage(s) shall enforce this Program in the City owned and/or operated parking garages. 2 11 . The City shall not be held liable or responsible for theft from or damage to individuals or vehicles in City owned and/or operated parking garages. All users of the garages park at their own risk at all times. 12. The City may revise or terminate this Residential Parking Program at any time, subject to the approval of City Council. 13. The City Manager may take such further actions and/or adopt procedures to implement, administer, and enforce this Program. 14. The effective date of this Program shall be retroactive to April 1, 2008, and extend through March 31,2008, unless sooner modified or terminated by City Council. END 3 Downtown R~sidential Parking Program April 20, 2008 Mayor Harris, Members of Council, and Ms. Burcham - The Downtown Residents Committee met on April 9 with Debbie Moses and Brian Brown of the City administration to discuss the proposed changes to the Downtown Residential Parking Program (DRPP). We strongly recommend you renew the program as it is for a two year period while expanding it to the Gainsboro Garage and the new Campbell Avenue Garage. . Parking is the most critical issue for most people considering living downtown. Important incentives, like the Downtown Residents Parking Program encourage new investment in the downtown core as well as entice prospective residents away from the suburbs. . An active and thriving downtown is beneficial to the entire city. It's how we market our city to the young professionals we are so eager to attract and how we measure the success of our city. In a society where convenient parking is deemed a necessity, the DRPP has helped ,level the playing field between downtown and the oudying suburbs. . The city would forfeit a valuable marketing tool by reducing the incentives offered through the DRPP. The question most frequendy asked by non-downtown dwellers considering a move to downtown is ''where do you park your car?" Until now the answer has been easy; the city provides free parking to downtown residents in the nearest available city owned garage. . Little new revenue would be generated by the proposed changes to the DRPP. . Downtown residents are not opposed to the $25.00 one time processing fee to help cover the administrative costs of the current program. . Few things are as important to the continued revitalization of downtown as an increase in downtown living. The proposed changes to the DRPP are premature. Roanoke is experiencing the beginning of an increased interest and excitement in downtown living. This proposal could stifle the burgeoning downtown living scene in its infancy. We members of the Downtown Resident Committee urge you to extend the DRPP in its current form and abstain from voting to reduce the benefits of this incentive vital to the continued economic development of downtown. Thank you, Members of the Roanoke Downtown Resident Committee CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva,gov STEPHANIE M, MOON, CMC City Clerk April 22, 2008 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia ) Dear Ms. Burcham: I am attaching copy of Ordinance No. 38060-042108 amending and reordaining Section 7-5, Adopted; where copies filed, and adding a new Section 7-8, Permit requirement in historic district, Article II, BuildinQ Code, of Chapter 7, BuildinQ ReQulations, of the Code of the City of Roanoke (i979), as amended, effective May 1,2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008, and is in full force and effect on May 1, 2008. Sincerely, fsNJ~ln. ~ Stephanie M. Moon, CMC City Clerk \.. SMM:ew Attachment pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 - The Honorable Brenda S. Hamilton,.Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C. Weils, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Jeffrey S. Shawver, Building Commissioner W. Daniel Webb, Acting Director of Neighborhood Services cot~.. \)\. "'\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 2008. No. 38060-042108. AN ORDINANCE amending and reordaining Section 7-5, Adopted; where copies filed, and adding a new Section 7-8, Pennit requirement in historic district, AIiicle II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Section 7-5, Adopted; where copies filed, Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: Section. 7-5. Adopted; where copies filed. The provisions, requirements and regulations contained in the Virginia Uniform Statewide Building Code (200~6 edition), and each of the component parts, including, but not limited to, the Intemational Building Code (200~6 .' edition), the Intemational Property Maintenance Code (200~6 edition), the IntematiQnal Plumbing Cod~ (200~6 edition), the lntemational Mechanical Code (200}6 edition), the National Electrical Code (200~5 edition), the Intemational Fuel Gas Code (200~6 edition), the Intemational Energy Conservation Code (200~6 edition), the Intemational Residential Code for One and Two-Family Dwellings (200~6 edition), and the Intemational Existing Building Code (200~6 edition), including all supplements to such component parts, as the same may from time to time be amended by the State Board of Housing and Community Development, are hereby adopted by the city and incorporated herein by reference as if set out at length herein. The Virginia Uniform Statewide Building Code (200J6 edition), and its component parts, shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office ofthe city clerk. 2. Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, shall be amended by the addition of new Section 7-8, Permit requirement in historic district, to read and provide as follows: Section. 7-8. Permit requirement in historic district. I The Building Official shall require a permit for the installation of replacement siding, roofing and windows, in buildings within a historic district designated by the City Council for the City of Roanoke. 3. This ordinance shall be effective on May 1, 2008. 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 Clerk O-Amending Chapter 7 of Article II-bujldin~ code.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www,roanokeva.gov April 21, 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 to City Code Section 7-5 and adding City Code Section 7-8 Regarding Building Regulations Background: Effective May 1, 2008, The Virginia Department of Housing and Community , Development will adopt the 2006 edition of the Virginia Uniform Statewide Building Code (USBC) for the purpose of establishing minimum regulations to govern the construction and maintenance for buildings and structures. The provisions of the USBC are based on nationally recognized model building codes published by the International Code Council, Inc. and are made part of the USBC by reference. The USBC also contains administrative provisions governing the use of the model codes and establishing requirements for the enforcement of the USBC code by the local building departments and other code enforcement agencies. The 2006 edition of the USBC also contains the authority requested by the City of Roanoke in its 2007 Legislative Program to permit the building official to require construction permits for the installation of replacement siding, roofing, and windows in buildings within a historic district designated by a locality pursuant to ~ 1 5.2-2306 of the Code of Virginia. Such improvements currently require a Certificate of Appropriateness from the City Architectural Review Board, but not a construction permit, which sometimes creates confusion for property owners. Honorable Mayor Harris and Members of City Council April 21 ,2008 Page 2 Considerations: Amending the Code of the City of Roanoke (1979), as amended (City Code), will reflect in the City Code the recent amendments to the Virginia USBC, by referring to the updated USBC sections which were adopted by the State and which are enforced at the local level. Including in the amendment the requirement that the building official shall require application for a construction permit for the installation of replacement siding, roofing and windows in buildings within a historic district will reduce confusion for property owners and residents and benefit the City's historic neighborhoods. Recommended Action: City Council adopt an ordinance amending Section 7-5 of the Code of the City of Roanoke (1979), as amended, to bring the City Code into conformity with the recent amendments to the Virginia Uniform Statewide Building Code and adding Section 7-8 to the City Code to authorize the building official to require application for a construction permit for the installation of replacement siding, roofing and windows in buildings within a historic district designated by a locality pursuant to 915.2-2306 of the Code of Virginia. Darlene L. Burcham City Manager DLB:tnc 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 Jeffrey S. Shawver, Building Commissioner W. Daniel Webb, Acting Director of Neighborhood Services CM08-00057 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk April 22, 2008 SHEILA N, HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk Darlene L. Burcham City Mana9.er Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38061-042108 authorizing the City Manager to execute a Memorandum of Understanding Among the Statewide Agencies Radio System, the Commonwealth Link to Interoperable Communications Interoperable Networks, and the City of Roanoke, in connection with the Roanoke Metropolitan Statistical Area Radio Interoperability Project, establishing Roanoke as the grant administrator of the Roanoke MSA Interoperability Project, 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 21, 2008, and is in full force and effect upon its passage. Sincerely, ~~rn. meW Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance , William M. Hackworth, City Attorney James Grigsby, Assistant City Manager of Operation R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police David Hoback, Chief of Fire/EMS Services .' ',~ ~ fJ0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 2008. No. 38061-042108. AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding Among the Statewide Agencies Radio System ("STARS"), the Commonwealth Link to Interoperable Communications Interoperable Networks ("COMLINC"), and the City ofRoanoke,- in connection with the Roanoke Metropolitan Statistical Area ("MSA") Radio Interoperability Project, establishing Roanoke as the grant administrator of the Roanoke MSA Interoperability Project, upon certain terms and conditions, and dispensing with the second reading ofthis ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest respectively, a Memorandum of Understanding among the Statewide Agencies Radio System ("STARS"), the Commonwealth Link to Interoperable Communications futeroperable Networks ("COMLINC"), and the City of Roanoke, in connection with the Roanoke Metropolitan Statistical Area ("MSA") Radio Interoperability Project that establishes the guidelines for the oversight of implementation ofthe project with participating municipalities, and as further stated in the City Manager's letter to this Council dated April 21, 2008. 2. The City of Roanoke is hereby authorized to serve as the grant administrator for those participating municipalities that are within the Roanoke MSA, as further referenced in the City Manager's letter. Funding for the Proj ect was previously awarded to the City by the Department of Homeland Security and the Virginia State Police. 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: I CitY,CU~t~. 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 21, 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: Public Safety Radio Interoperability Memorandum of Understanding Background: The City of Roanoke has been working with the City of Lynchburg as representatives of their respective Metropolitan Statistical Areas ("MSA") related to the deployment and operation of interoperability radio equipment. This undertaking has been funded by grants previously awarded by the Department of Homeland Security and the Virginia State Police, who have participated in the coordination of the planning. A proposed Memorandum of Understanding ("MOU") establishes the guidelines for the oversight of implementation at a participating agency or a Statewide Agencies Radio System ("STARS") site. As further described in the MOU, the City of Roanoke is designated as the grant administrator for those participating municipalities that are within the Roanoke MSA. The agencies participating within the Roanoke MSA include the City of Roanoke, Roanoke County, the Town of Vinton, the City of Salem, and Craig, Franklin, Montgomery, Botetourt, Patrick, and Henry Counties. The anticipated outcome of the implementation of this project will be radio interoperability throughout the Roanoke-Lynchburg MSA regardless of frequency or technology platform, covering an area of more than 12,000 square miles and a population of over 2.5 million citizens. Honorable Mayor Harris and Members of City Council April 21, 2008 Page 2 Recommended Action: Authorize the City Manager to execute the Memorandum of Understanding among the Statewide Agencies Radio System ("STARS"), Commonwealth Link to Interoperable Communications Interoperability Networks ("COMLlNC") and the City of Roanoke, which establishes Roanoke as the grant administrator of the Roanoke MSA Interoperability Project. Respectfully submitted, ~ Darlene l. B cham City Manager DLB:rmm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager A. l. Gaskins, Chief of Police David Hoback, Chief of Fire/EMS Services CM08-000S0 MEMORANDUM OF UNDERSTANDING Statewide Agencies Radio System (STARS) Commonwealth Link to Interoperable Communications (COMLINC) Interoperability Networks Virginia Interoperability Regions 3 and 6 Statewide Agencies Radio System City of Lynchburg, Virginia City of Roanoke, Virginia And (Participating Local, State, or Federal Agency) Purpose This Memorandum of Understanding (MOU) establishes permissions and guidelines for the mutual use of public safety communications interoperability equipment installed at the facilities of the above named Agency or Organization or at a STARS transmitter site. This MOU covers the geographical region of the Roanoke Metropolitan Statistical Area ("MSA") and the Lynchburg MSA. The City of Roanoke will be the grant administrator with respect to those localities participating in the Roanoke MSA and the City of Lynchburg will be the grant administrator with respect to the localities participating in the Lynchburg MSA. A current list of all participating agencies is available on the Commonwealth Interoperability website at: http://www.interoperability . virginia. gov /CommunicationSystems/CO MLINC.cfm Participating agencies benefit by gaining the ability to create self-initiated radio interconnections to multiple entities. The Commonwealth benefits by gaining the ability to create seamless mutual aid interconnections throughout the state. This is especially valuable where none or limited capability exists. Authority Execution of this agreement by state and local entities is authorized by Executive Orders 28 (2002) and 101 (2005). This MOU satisfies 47 CFR 90.179 and 47 CFR 90.421 concerning the shared use of radio stations as a written agreement between the licensee and all STARS Interoperability Network Participants. Page 1 of7 This project is funded by a COPS Grant awarded on September 1, 2005 to the City of Roanoke and the City of Lynchburg. Applicability This MOD is applicable to state, local, and federal government employees and those personnel otherwise authorized by 47 CFR 90. 1 79(a) to use an FCC licensed Public Safety Radio system. This MOD authorizes the use of STARS, state, local, and federal radio frequencies (provided by the participants of this MOD) for the purpose of coordination between government emergency response agencies and resources. Such coordination may occur during interagency operations, en-route travel, incident driven communications, or training for these events as previously authorized by the State Police Communications Officer and the appropriate authority designated by and for the participating agency. There are no written or implied guaranties for the use of the Participant's or STARS Land Mobile Radio, Microwave Radio, and Voice on Internet Protocol Interoperability Networks. Such use is subject to the availability of system resources as determined by the STARS Program Director, State Police Communications Officer and the above named participant. In addition, both STARS and the participating agency may withdraw individual radio resources (or radio frequencies) without prior authorization of the users. This MOD will be in effect for as long as the locality is actively using the equipment. This MOD may be terminated by either the Commonwealth or the participating agency at anytime with 60 days written notice. In the event any agency desires to withdraw its participation in this MOD, it must send its written notice to the grant administrator applicable to its region and to the VSP Communications Officer. The MOD shall continue unaffected for the remainder of the participating agencies. The equipment will be removed by the VSP Communications Division for reuse in another locality or to be placed into spares. Localities may also purchase equipment and participate in this network using this MOD. All participants, including STARS, are responsible for assuring that the Interoperability Network is used only by authorized persons and only for purposes consistent with the requirements of 47 CFR Part 90 (FCC Rules and Regulations). Scope of Work The licensees agree to share limited access to their land mobile radio systems on a non-profit basis. Maintenance and replacement of equipment provided by the Lynchburg / Roanoke Grant as part of this agreement shall be the responsibility of the manufacturer during the first year and jointly between the locality and the Commonwealth thereafter. Repair and replacement costs of the equipment will be funded by the participant after warranty. The VSP will provide maintenance, assistance in diagnosing malfunctions and perform minor repairs if required. March 28, 2008 Page 2 of7 Maintenance, software updates and replacement of equipment not provided by the grant project or purchased via resulting contracts shall be the responsibility ofthe participating agency. With the interoperability equipment, participating agencies will be able to establish ad hoc radio interconnections to other jurisdictions either with or without STARS involvement. The agencies will also be able to interconnect with the STARS Land Mobile Radio Network via a conference with a Virginia State Police (VSP) dispatcher, thereby establishing communications with VSP troopers or other state agencies operating on STARS, such as Department of Game and Inland Fisheries (DGIF) game wardens, Alcoholic Beverage Control (ABC) agents, Virginia Department of Emergency Management (VDEM), or the Virginia Department of Forestry. The equipment is capable of interconnecting any public safety frequency and existing radio equipment of any manufacture, and includes the ability to conference participant dispatchers together. This agreement is entered into as an addendum to any existing Commonwealth-wide mutual aid agreement and is for the purpose of utilizing specialized intercommunications equipment for participation in a Commonwealth of Virginia Interoperability Program. The participating agency shall provide power, grounding, space, and an adequate environment for the equipment. At a minimum, the agency will provide power without the use of extension cords. The agency will also provide a direct connection to an external nominal 5 ohm building ground. All RF connections to interoperability equipment will be via a grounded surge (lightning) protector. Where these facility upgrades are required to be in compliance with the equipment manufacturers' guidelines, the agency will choose and fund a vendor or supplier to perform the necessary work. If equipment under this agreement has been procured by the participating agency for installation by the manufacturer in the communications center of the participating agency, the participating agency will maintain a service contract with the equipment manufacturer that will include upgrades, maintenance, and repair. Software updates for interoperability equipment may be provided via connectivity from the STARS Network Operations Center (NOC). Should STARS technical staff need access to participating agency facilities, they will coordinate such visits in advance and will work with an agency representative while at the site. Subscriber radios with direct STARS access (such as mobiles, control stations, donor radios) will not be used for connectivity with STARS. Replacement of goods or equipment that has reached the end of its normal life expectancy or exceeded its posted shelf life shall be the responsibility of the participant. ' Each participant will have equipment installed by the Grant Project. This equipment will be as negotiated by the MSA and agreed to by the localities. The Grant Project is responsible for supplying and funding any additional costs for the required connectivity in accordance with the manufacturer's recommendation for the' first year of operation, if an initial participant of the project. All equipment providing connectivity with STARS resources must have network level visibility and connectivity in the STARS NOC and March 28, 2008 , Page 3 of7 VSP Division Headquarters. The participating agency will verify with the STARS System Engineer that the facilities within the STARS NOC or VSP Division can support the connectivity being considered prior to any commitment being made with the provider. It is the responsibility of the participating agency to provide any required infrastructure upgrade needed to establish and maintain connectivity. Continued participation may be terminated at any time by a written notification to the STARS Program Director and the Grant Administrator. If the equipment was purchased via the Grant Project, it will be removed by the VSP Communications Division and returned to the Grant Administrator or VSP Communications Division, to be used by another participating agency or placed into spares. Upon such withdrawal by any agency that participates in this agreement, the grant administrators of the Roanoke MSA and Lynchburg MSA, in coordination with VSP Communications Officer, shall ensure that such equipment is returned by such agency within 60 days of the date of such agency's withdrawal, or within a time frame mutually agreed upon by VSP Communications Officer and the grant administrator. If the Internet is the primary method for connectivity, the participating agency understands that this method of connectivity is not public safety grade and the equipment should be used with caution when officer safety is at risk. Prior to the end of the first year of operation of the Grant Project, methods will be researched by STARS that will provide connectivity at no reoccurring cost to the locality if reasonable access to existing facilities is provided. STARS will survey available resources, create a design, and proceed only with the concurrence of local leaders. Obtaining funding for this connectivity will be the joint effort of all participants. Alternatively, localities may provide commercially available connectivity with STARS at their cost provided the necessary infrastructure exists at State Police Headquarters or is funded by the locality. If additional connections are required within the jurisdiction to connect disparate radio networks, the agency may obtain, install, and maintain additional audio connections provided their use does not exceed network bandwidth utilization of 512 kbps. The jurisdiction will consult with the VSP Communications Officer for an engineering determination prior to the equipment being purchased or reconfigured. The participating agency specifically agrees to: 1. Provide adequate facilities for and acknowledge the installation of one radio interoperability gateway system. 2. Where applicable, provide previously authorized service/maintenance technicians escorted access to equipment for maintenance and calibration as required. 3. Use the interoperability equipment in response to mutual aid incidents within its response area at the discretion of the appropriate authority designated by and for the participating agency. March 28, 2008 Page 4 of7 4. Participate in not less than one regional training event per year, and in not less than one regional exercise or event simulation per year as scheduled by the Commonwealth. The participating agency will determine their own level of participation, based on available resources and timing of the training events. 5. Not transfer, rent, sell, lease, alienate, donate, mortgage, encumber, or otherwise dispose of any Grant or Commonwealth provided equipment without the prior written consent ofthe STARS Program Director and the Grant Administrator. 6. Assure the availability of at least one individual for training and subsequent operation of the radio interoperability gateway system. 7. Ensure that the radio interoperability gateway system will be used for official interoperability functions by government employees. 8. Participate in daily roll calls over the interoperability network to confirm all locations are functional. A participating agency will notify the STARS Network Operations Center at the earliest practical opportunity if it is withdrawing a resource from the Interoperability Network. This agreement will be kept as part of the station records for the participating agency. This Agreement will be amended if there are substantial changes to the above list based on local conditions. March 28, 2008 Page 5 of7 Agreement This Memorandum of Understanding was agreed to this _ day of Jurisdiction Name: Authorized Signature: Print Name: Title: Jurisdiction Address: E-mail: Phone: Grant Administrator Jurisdiction Name: Authorized Signature: Print Name: Title: Jurisdiction Address: E-mail: Phone: March 28, 2008 Page 6 of7 ,200_. Statewide Agencies Radio System Authorized Signature: Captain Michael E. Bolton STARS Program Director Virginia State Police Post Office Box 27472 Richmond, Virginia 23261-7472 Email: STARS@VSP.Virginia.Gov Phone: (804) 674-2443 State Police Communications Officer Authorized Signature: Captain John E. Furlough Communications Officer Virginia State Police Post Office Box 27472 Richmond, Virginia 23261-7472 Email: Communications@VSP.Virginia.Gov Phone: (804) 674-2176 I I March 28, 2008 Page 7 of7 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 22, 2008 D,arlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38062-042108 authorizing the appropriate City officials to enter into the 2007-2008 Community Development Block Grant Subgrant Agreement with the Southwestern Virginia Second Harvest Food Bank, Inc., 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 21, 2008. Sincerely, ~fY\.~ 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 W. Daniel Webb, Acting Director of Neighborhood Services ,Frank E. Baratta, Budget Team leader ((~ \, d 1) ~\O'b ~ \~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38062-042108. A RESOLUTION authorizing the appropriate City officials to enter into the 2007-2008 Community Development Block Grant ("CDBG") Subgrant Agreement with the Southwestern Virginia Second Harvest Food Bank, Inc. ("Second Harvest"), upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City .....,./".... - Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 2007 - 2008 CDBG Subgrant Agreement with Second Harvest, approved as to form by the City Attomey, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated April 21, 2008, to City Council. ATTEST: ~rn.mev City Clerk. R-CDBG-Second Harvest.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 21, 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 Council: Subject: 2007-2008 CDBG Agreement with Southwestern Virginia Second Harvest Food Bank ("Second Harvest") Background: Since 1981, Second Harvest has provided millions of pounds of food to over 300 partner agencies, more than one-third of which directly serve families and individuals residing in the City of Roanoke in need of emergency food assistance. Because of food maintenance issues that arose at its prior Shenandoah Avenue location, Second Harvest had to relocate to a newer facility. A facility at 1025 Electric Road in Roanoke County that had previously served as a food distribution center was leased, with the intent to acquire the building. In January 2005, Second Harvest applied to the City for $84,296 in Community Development Block Grant ("CDBG") funding to assist with the $2.2 million cost to purchase the newer facility. Council authorized the $84,296 in CDBG funding by Resolution No. 37051-051005, as part of its approval of the City's 2005-2010 Consolidated Plan, which included the Action Plan for 2005-2006. However, the funding was approved as a commitment against the following year's (2006-2007) funds, subject to HUD's allocation of CDBG to the City, with the condition that Second Harvest's capital campaign secure the balance of the $2.2 million prior to release of the CDBG funding. Considerations: While Second Harvest is now located. outside the City's borders, it is within the HUD rules to provide City CDBG funding in proportion to the benefit accruing to The Honorable Mayor and Members of City Council April 21, 2008 Page 2 City residents. Given that the majority of the families and individuals receiving food assistance from Second Harvest's partner agencies are City residents, the $84,296 funding versus the $2.2 million acquisition cost is well within the rules. Second Harvest actually closed on the acquisition of the building on March 31, 2007, owing to an opportunity to obtain the necessary funds through New Market Tax Credits, the equity from which was provided in the form of a low-interest, seven-year loan. Second Harvest continues its capital campaign in order to payoff the loan and has asked the City to release the CDBG funds to assist in this regard. The City is agreeable to this request. It should be noted that the time elapsed since Second Harvest acquired the facility to this report was a result of certain environmental actions required by the City due to prior uses of the facility. These environmental actions have now been completed to the City's and Virginia Department of Environmental Quality's satisfaction. Recommended Action: Authorize the City Manager to execute a 2007-2008 CDBG subgrant Agreement with Second Harvest, similar in form and content to the draft attached to this report and approved as to form by the City Attorney. Respectfully submitted, ~ Darlene L. Bu cham City Manager Attachment 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 Dan Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader CM08-00052 AGREEMENT This agreement is made and entered into this first day of May, 2008, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee The Southwestern Virginia Second Harvest Food Bank, Inc. 1025 Electric Road Salem, Virginia 24153 WITNESSETH WHEREAS, by Resolution No. 37051-051005, the Council of the City of Roanoke, Virginia, ("Council") approved the 2005-2010 Consolidated Plan for submission to the U.S Department of Housing and Urban Development ("HUD"), including a commitment of 2006-2007 Community Development Block Grant ("CDBG") funds to assist the Subgrantee's activities; and WHEREAS, by Resolution No. _-042108, Council approved the execution of a subgrant agreement ("Agreement") between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: a. General- Since 1981, the Subgrantee has provided millions of pounds of food to over 300 partner agencies, more than one-third of which directly serve families and individuals residing in the City of Roanoke in need of emergency food assistance. Due to a need to enhance its food management capabilities, the Subgrantee sought and identified a newer facility at 1025 Electric Road to which to relocate and acquire. In January 2005, the Subgrantee applied to the Grantee for and was awarded $84,296 in CDBG funding to assist with the $2.2 million cost to purchase this facility. b. Location of Facility and Amount of Grantee Funding - While the facility at 1025 Electric Road is outside the City's borders, it is within the HUD rules for the Grantee to provide its CDBG funding in proportion to the benefit accruing to City residents. Given that the majority of the families and individuals receiving food assistance from the Subgrantee's partner agencies are City residents, the $84,296 funding versus the $2.2 million acquisition cost is well within the rules. The Subgrantee closed on the acquisition of the building on March 31, 2007, owing to an opportunity to obtain the necessary funds through New Market Tax Credits, the equity from which was provided in the form of a low-interest, seven-year loan. The Subgrantee continues its capital campaign in order to payoff the loan and will use the CDBG funds provided by the Grantee to assist in this regard. Page 1 of 19 c. Eligibility for Use ofCDBG Funds - The use ofCDBG funds under this Agreement is provided for as follows: (1) Eligible CDBG Activity: Acquisition (24 CFR 570.201 (a)) (2) Eligible Broad National CDBG Objective: Low- and Moderate-Income Limited Clientele (24 CFR 570.208(a)(2), whereby at least 51 % of the City of Roanoke recipients of food assistance are members of families whose income does not exceed the CDBG low- and moderate-income limits) d. Allowable Expenditures - Funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for costs associated with the acquisition ofthe facility through the repayment of its loan. Given that the commitment to assist the Sub grantee was made prior to the Subgrantee's actual acquisition, it is permissible under the federal rules to use the CDBG funds for both principal and interest payments. Funds provided under this Agreement shall not be used for other purposes such as the rehabilitation of the facility or the purchase of equipment. e. Performance Expectations - The efforts of the Subgrantee pursuant to the activities set forth under this Agreement are expected to achieve the following. (1) HUD Outcome Measurement: The primary outcome addressed by this program with respect to the HUD Performance Measurement System is to: . Foster a suitable living environment by enhanced availability of emergency food assistance for needy families and individuals. (2) Specific Quantifiable Objectives: It is expected that this project will achieve the following: . For the periods specified in sections l.g.(1) and (2), the Subgrantee shall ensure that of the total number of families benefiting from emergency food assistance, the percent that reside in the City of Roanoke shall at no time be less than the percent of the purchase price of the facility borne by CDBG funds provided by the Grantee under this Agreement. f. CDBG-Eligible Families - For the purposes of this Agreement, an "eligible family" shall mean a family whose income, adjusted for size, does not exceed 80% ofthe area median income defined by HUD and in effect at the time of application for assistance. The Subgrantee shall prepare and retain, or cause to be prepared and retained, for the periods specified in this Agreement, records satisfactory to the Grantee documenting the determination of the size and income of the family for the twelve months following its application for food assistance. In lieu of an income determination, the Subgrantee may obtain and retain, or cause to be obtained and retained, records satisfactory to the Grantee documenting that the family is receiving Supplemental Security Income (SSI), Food Stamps or Medicaid. Page 2 of 19 g. Period of this Agreement - This Agreement shall be effective as follows: (1) Funds provided by the Grantee under this Agreement shall be available to the Sub grantee from April 1 , 2008, through December 31, 2008, or until such funds are fully disbursed, whichever is sooner. (2) Pursuant to HUD CDBG regulations, for five years beginning on the date of expiration of the period set forth in section l.g.(1) above, the Subgrantee shall continue to achieve, document and report to the Grantee its compliance with the expectations of sections 1.c.(2), e.(2) and f. above. (See sections 5, "Reporting Requirements," and 9, "Reversion of Assets," of this Agreement.) 2. BUDGET Unless amended, the total amount of CDBG fund provided by the Grantee under this Agreement shall not exceed $84,296.00. At the sole discretion of the Grantee, any CDBG funds remaining unexpended upon expiration of the period set forth in section l.g.(1) of this Agreement may be deobligated from the Agreement and made available for other CDBG projects of the Grantee, as appropriate. 3. DISBURSEMENTS OF FUNDS a. Disbursements of funds provided by the Grantee under this Agreement shall be made in six equal installments of $14,049.34, each disbursement to be issued within ten (10) calendar days following receipt of complete and accurate supporting documentation from the Subgrantee, as set forth in section 5, "Reporting Requirements." For the first disbursement, the Subgrantee shall also submit a copies of the signed settlement and recorded deed and any and all deeds of trust and deeds of trust notes recorded on the property . b. Subject to sections 3.a. and 5, and unless amended, all funds under this Agreement shall be disbursed within the period set forth in section l.g.(1) above. The Grantee shall not be bound to make disbursements of installments for which documentation remains incomplete or inaccurate after expiration of said period. 4. RECORDS REQUIREMENTS a. Records to be maintained - At a minimum, the Sub grantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 570.506, and 570.507, as applicable. In general, such records provide a level of detail sufficient to determine that the CDBG funds have used in compliance with the terms and conditions of this Agreement. b. Period of record retention - In compliance with the requirements of 24 CFR 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement until expiration of the five-year period set forth in section l.g.(2) or repayment of the amount set forth in section 9.b., whichever occurs sooner. Page 3 of 19 c. Access to records - The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of24 CFR 84.53. 5. REPORTING REQUIREMENTS a. The Subgrantee shall provide monthly reports to the Grantee by the 15th calendar day of June, July, August, September, October, November and December 2008, in a format acceptable to the Grantee's Department of Neighborhood Services. Such monthly reports shall include, but need not be limited to, the following: (1) A narrative section summarizing progress to-date on the Subgrantee's capital campaign, its assistance to the communities served and other Subgrantee news it believes may be of interest to the Grantee; (2) A quantifiable results section providing the following monthly and cumulative data: (a) An affidavit attesting to the cumulative unduplicated number of families receiving emergency food assistance from the Subgrantee's partner agencies in all communities since the inception of this Agreement through the end of the prior month; (b) Of the total families reported under section 5.a.(2)(a), the Subgrantee shall report the cumulative unduplicated number of families residing in the City of Roanoke assisted since the inception of this Agreement through the end of the prior month, including completion of the table at Attachment A to provide the cumulative demographics for such families and submission of a copy of the Self-Declaration oflncome Form for each such family. b. Upon expiration of the period set forth in section l.g.( 1), and at the end of each twelve- month period dating therefrom, for five such twelve-month periods, the Subgrantee shall submit an affidavit attesting to the cumulative unduplicated number of families receiving emergency food assistance from the Subgrantee's partner agencies in all communities for the respective twelve-month period and, of these total families, the cumulative unduplicated number of families residing in the City of Roanoke assisted, along with a copy of the Self-Declaration ofIncome Form for each such family residing in the City of Roanoke. c. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 6. MONITORING The Subgrantee shall monitor the progress of the project covered by this Agreement. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. Page 4 of 19 7. ANNUAL AUDIT Pursuant to Council policy adopted under Resolution No.3 7281-010306, entities existing for at least two years that have an annual budget exceeding $50,000 and that receive at least $25,000 from the City are required to perform an annual audit. Within 30 days following its completion, the Sub grantee shall provide a copy of the audit to the Grantee's Department of Neighborhood Services. As an entity receiving less than $500,000 in federal funding from the Grantee, the Subgrantee shall not be required by the Grantee to undergo an annual independent audit of the CDBG expenditures under this Agreement for federal purposes. Furthermore, no expenditures with respect to any such audit undertaken at the Subgrantee=s own initiative shall be chargeable to the funds under this Agreement. 8. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Sub grantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is expected. 9. REVERSION OF ASSETS a. Upon expiration of the period set forth in section l.g.( 1) of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use ofCDBG funds. b. Any real property under the Subgrantee=s control that was acquired or improved, in whole or in part, with CDBG funds in excess of$25,000: (1) Shall continue for a period of not less than five years following date of expiration set forth in section l.g.(l) ofthis Agreement, including any amendments thereto, to be used to meet the CDBG national objective cited in section l.c.(2); or (2) If the property is not used in accordance with section 9.b.(I), the Subgrantee shall pay the Grantee an amount equal to the current market value ofthe property less any portion of the value attributable to expenditures ofnon-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 10. SUSPENSION AND TERMINATION In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. Page 5 of 19 11. COMPLIANCE WITH FEDERAL REGULATIONS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment B and all other applicable federal regulations relating to specific programs performed hereunder. 12. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. 13. OTHER PROGRAM/PROJECT REQUIREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of24 CFR 570, in accordance with the type ofproject assisted. Such other requirements include, but are not necessarily limited to, the following. a. Section 109 - In accordance with Section 109 of the Housing and Community Development Actofl974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment B.) b. Conditions for religious organizations - The Subgrantee shall not grant or loan any CDBG funds to primarily religious organizations for any activity including secular activities. In addition, there shall be no religious or membership criteria for families to be assisted under this Agreement. c. Labor standards - As herein structured, the program covered by this Agreement is not subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. d. Environmental standards -- In accordance with 24 CFR 85.36 and 570.604, activities under this Agreement are subject to environmental review requirements. Such requirements include, but are not necessarily limited to, historic significance, floodplain, clean air and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG funds shall be disbursed by the Grantee for a given property prior to the Subgrantee's complying with the Grantee's environmental procedures, including the Subgrantee's completion of the required tier-2 environmental checklist and any required remedial actions. All such actions shall be carried out by the Subgranteeusing qualified persons or entities. All property acquisitions shall be made contingent upon satisfactory results of the environmental process. The results of the historic and other environmental review activities shall be reflected in the Subgrantee's environmental checklist for the unit and/or project site(s). Page 6 of 19 e. Displacement and relocation -- In accordance with 24 CFR 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. f. Employment and contracting opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Attachment B.) g. Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any activities under this Agreement. The Subgrantee will consult appropriate references, including, but not limited to, the Excluded Parties Listing Service website at http://epls.arnet.gov, to ascertain the status of any third parties prior to engaging their services. The Sub grantee will submit to the Grantee's Department of Neighborhood Services the names of contractors and subcontractors selected under this Agreement, including a certification by the Subgrantee that it has determined that none of these entities are presently debarred, suspended, or ineligible. h. Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. 1. Conflict of interest -- In accordance with 24 CFR 570.611, no covered individual who exercises any functions or responsibilities with respect to the program, during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 14. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Sub grantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Sub grantee agrees to post in conspicuous Page 7 of 19 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 15. DRUG-FREE WORKPLACE The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Sub grantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 16. FAITH-BASED ORGANIZATIONS Pursuant to '2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. 17. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. INDEMNIFICATION The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks ofthe Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Sub grantee by or under this Page 8 of 19 Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Sub grantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 19. INSURANCE REQUIREMENTS The Sub grantee involved in this Agreement shall maintain the insurance coverages set forth in Attachment 3 to this Agreement and provide the proof of such insurance coverage as called for in Attachment C. Such insurance coverage shall be obtained at the Subgrantee's sole expense, approved by the Grantee's Risk Manager, maintained during the life of the Agreement and shall be effective prior to the beginning of any work or other performance by the Subgrantee under this Agreement. Additional insured endorsements, if required, must be received by the Grantee within 30 days of the execution of this Agreement or as otherwise required by the Grantee's Risk Manager. 20. INDEPENDENT CONTRACTOR Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 21. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 22. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 23. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Sub grantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. Page 9 of 19 24. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 25. AVAILABILITY OF FUNDS CD BG funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 26. ANTI-LOBBYING To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 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, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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 Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Neil Birkhoff, Board Secretary Pamela Irvine, Executive Director Page 10 of 19 APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Dept. of Neighborhood Services Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account# 35-G07-0737-5502 ($84.296.00) (This space intentionally left blank.) Page 11 ofl9 Attachments Attachment A - Beneficiary Demographics Report Attachment B - Special Federal Terms and Conditions Attachment C - Subrecipient Insurance Requirements Page 12 of 19 Attachment A Beneficiary Demographics Report As part of its monthly report, the Subgrantee shall report the demographics of families served in the format provided below. DIRECT BENEFICIARY REPORT Program / Activity Name Reporting Period 1 Counts by: _ Households or ~ Families? (Check the one that applies.) 2 # of New Participants this Period (if applicable): 3 TOTAL # BENEFITING FROM ACTIVITY: (cumulative to date) (Beginning 07/01/07 - Ending 06/30/08) 4 RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC White: Black/African American: Asian: American Indian / Alaskan Native: Native Hawaiian / Other Pacific Islander: American Indian / Alaskan Native & White: Asian & White: Black/African American & White: Am. Indian/Alaskan Native & Black/African Am.: Other Multi-Racial: TOTAL: 5 # - FEMALE HEAD OF HOUSEHOLD: (cumulative to date) 6 INCOME INFORMATION (cumulative to date) # TOTAL < 80% of Median (Low Income Limit) na < 50% of Median (Very Low Income) na < 30% of Median na na TOTAL: Prepared by: Date Prepared: Revised 03/05/2004 Page 13 of 19 Attachment B U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) 1. "Section 3" Compliance -- Provision of Training, Emplovment and Business Opportunities: a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution ofthis contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction ofthe applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant Page 14 of 19 or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 2. Eaual Emplovment Opportunity: Contracts subiect to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Subgrantee will comply with all prOVlSlons of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event ofthe Subgrantee's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be Page 15 of 19 canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Sub grantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Sub grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Sub grantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, ofthe Executive Order. In addition, the Subgrantee agrees that ifit fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the case to the Department of Justice for appropriate legal proceedings. 3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land Page 16 of 19 to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 4. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. 5. Oblie:ations of Sube:rantee with Respect to Certain Third-party Relationships: The Sub grantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Sub grantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. 6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 7. Prohibition Ae:ainst Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence ofHUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 8. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974,42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 9. Access to Records and Site of Emplovment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, and the Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the Page 17 of 19 purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration ofthe Civil Rights Act of 1964 (as amended) and in furtherance ofthe purpose of the Order and that Act. 10. Le2al Remedies for Contract Violation: Ifthe Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, b. Disallow all or part of the cost of the activity or action not in compliance, c. Wholly or partly suspend or terminate the current Agreement, or d. Take other remedies that may be legally available. Page 18 of 19 Attachment C City of Roanoke Subrecipient Insurance Requirements Your attention is directed to the insurance requirements below. Particular attention should be given to Best's Guide rating requirement listed below. Please consult your insurance carrieres) or broker(s) regarding the insurance as prescribed and provided herein. Failure to comply with and maintain insurance requirements may result in the interruption, suspension or termination of the activities under this Agreement. Type of Insurance Coverage General Liability Auto Liability Workers' Compensation Required by contract? Yes Yes Yes Workers' $1,000,000 $250,000 Compensation to Minimum Limits of Coverage Combined Combined Statutory Limits; Single Limit Per Single Limit Per $100/500/1 00 Occurrence Accident Employers' Liability Limit Minimum Best's Guide A-VII; must be A-VII; must be A-VII; must be an Rating 1 Other Requirements an admitted an admitted admitted insurer insurer Insurer Additional Insured Yes N/A N/A Endorsement Required? Waiver of Subrogation? Yes N/A Yes Comments None Any insurance certificates evidencing coverage for which an additional insured endorsement is required must contain substantially the following language, "The City of Roanoke, its officers, agents, employees and volunteers are added as additional insureds." Additional insured coverage must be primary and the city's insurance program must be non-contributory. Page 19 of19 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 22, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38063....042108 appropriating funds from the Commonwealth and Federal governments as well as from local match and corporate rebates for various School programs, as well as to appropriate funds from the 2007-2008 Capital Maintenance and Equipment Replacement Program for the Other Post Employment Benefit liability, and amending and reordaining certain sections of the 2007-2008 General and School Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008, and is in full force and effect upon its passage. Sincerely, J;[;:jJ..~ ~. Yrt.1\V Stephanie M. Moon, CMe City Clerk SMM:ew Attachment Jesse A. Hall April 22, 2008 Page 2 pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget ~> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 2008. No. 38063-042108. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from local match and corporate rebates for various School programs, as well as to appropriate funding from the 2007-2008 Capital Maintenance and Equipment Replacement Program for the Other Post Employment Benefit (OPES) liability, amending and reordaining certain sections of the 2007-2008 General and School 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 General and School Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Fund-CMERP 01-250-9310-9532 Fund Balance Reserve for CMERP - Schools School Fund Appropriations Superintendent's Initiative - OPEB Teacher Stipends Social Security Health Insurance Travel Instructional Materials Professional Development Social Security Professional Services 01-3324 30-060-7262-0589-6662 30-062-6145-0121-6104 30-062-6145-0201-6104 30;.062-6145-0204-6104 30-062-6145-0551-6104 30-062 -6145-0614-6104 30-062-6720-0129-6308 30-062-6720-0201-6308 30-062-6720-0313-6308 $ 141,299 (141,299) 1,000,000 10,200 781 ( 5,363) ( 2,000) ( 1,600) 8,910 682 488 School Instructional Technology Medical Supplies Revenues Transfer from General Fund Federal Grant Receipts State Grant Receipts Local Match Corporate Rebate Fund Balance Undesignated Fund Balance 30-062-6917 -0826-6102 30-063-6624-0605-6672 166,000 3,400 30-060-6000-1356 30-062-6145-1102 30-062-6720-1100 30-062-6917-1101 30-063-6624-1103 141,299 2,018 . 10,080 166,000 3,400 30-3324 (858,701) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~)n.~. City Clerk. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951 David B. Carson Chairman Jason E. Bingham Vice Chairman V. Mignon Chubb-Hale Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board April 21, 2008 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on April 8, the Board respectfully requests City Council to appropriate the following funds: · $2,018.00 for the Title I 0 At-Risk Juvenile Detention Center Reading Teacher program to align the grant budget with the final award allocation. The funds provide for a part-time reading teacher at the Roanoke Juvenile Detention Center. This continuing program is one hundred percent reimbursed by federal funds. · $166,000.00 for the School Instructional Technology program which requires a local match to the grant appropriation. State bond funds issued by the State Department of Education have been made available to the Schools to be used for the purchase of school instructional technology equipment which will enable students to take the Standards of Learning test on-line. This is a continuing program. · $3,400.00 for a rebate received from Anthem Blue Cross Blue Shield for flu shots purchased by the school division during 2007-08 for use in the employee flu shot clinics. The funds will be used to purchase flu shots to be provided to employees during the 2008-09 school year. This is a new program. Members of Council Page 2 April 21, 2008 · $10,080.00 for the Academic Review Math Coaches program. The funds will pay for mathematics literacy coaches to serve middle schools that are Accredited with Warning in Math. The coaches will provide professional development for math teachers. This new program will be reimbursed with State funds. · $1,000,000.00 from the Capital Maintenance and Equipment Replacement Fund. This is the second request from the 2007-08 Capital Maintenance and Equipment Replacement Fund which will fund the Other Post Employment Benefits (OPEB) requirement. The School Board thanks you for your approval of the appropriation requests. Sincerely, Cindy H. 0 Iton, Clerk re cc: Mr. David B. Carson Dr. Rita D. Bishop Mr. Curtis D. Baker Mrs. Vivian Penn-Timity Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver Ms. Dorothy Hoskins (with accounting details) CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 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 21, 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: Appropriation Request from School Board As the result of official School Board action at its meeting on April 8, the Board respectfully requests that City Council appropriate the following funds: · $2,018 for the Title I D At-Risk Juvenile Detention Center Reading Teacher program to align the grant budget with the final award allocation. The funds provide for a part-time reading teacher at the Roanoke Juvenile Detention Center. This continuing program is one hundred percent reimbursed by federal funds. · $166,000 for the School Instructional Technology program which requires a local match to the grant appropriation. Bond funds issued by the State Department of Education have been made available to the Schools to be used for the purchase of school instructional technology equipment which will enable students to take the Standards of Learning test on-line. There is no repayment obligation associated with these bonds on the part of the Roanoke City Public Schools. This is a continuing program. · $3,400 for a rebate received from Anthem Blue Cross Blue Shield for flu shots purchased by the school division during 2007-08 for use in the employee flu shot clinics. The funds are restricted for use to purchase flu shots to be provided to employees during the 2008-09 school year, therefore this is considered a grant. · $10,080 for the Academic Review Math Coaches program. The funds will pay for mathematics literacy coaches to serve middle schools that are Accredited with Warning in Math. The coaches will provide professional development for math teachers. This new program will be reimbursed with State funds. Honorable Mayor and Members of Council April 21, 2008 Page 2 · $1,000,000 from the Capital Maintenance and Equipment Replacement Fund. This is the second request from the 2007-08 Capital Maintenance and Equipment Replacement Fund. This appropriation will provide funding toward the Other Post Employment Benefits (OPEB) liability. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, Q#uJlHdf Jesse A. Hall Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Office of the Mayor CITY OF ROANOKE . WHEREAS, bicycling is a sq/e, clean, and affordable mode of transportation used by many Americans, including citizens of the Roanoke Valley to reduce American's dependence on foreign oil; and WHEREAS, residents of all ages engage in bicycling for transportation, recreation, fitness and fun on public streets, greenways and safe routes to school; and WHEREAS, bicycling provides a unique opportunity for residents and visitors to the area to discover and explore off road scenic trails located on greenways and trails at Carvins Cove and Mill Mountain and on road on the Blue Ridge Parkway, US. Bike Route #76 and designated bicycle routes; and WHEREAS, bicycling facilities are an important part of urban community planning and are necessary for the City of Roanoke's development as a bicycling friendly, healthy, livable environment by easing trq/fic congestion and improving the air quality; and WHEREAS, the City of Roanoke in March 2008 unanimously approved the update to the Roanoke Valley Greenway Plan, the 2005 Roanoke Valley Bike Plan, Complete Streets by Design Guidelines and application to the League of American Bicyclists to be a bicyclingfriendly community; and WHEREAS, recognition of Bike Month provides cycling enthusiasts an opportunity to increase awareness of bicycling safety and to promote the benefits of bicycling through organized activities such as the BRBC rides throughout the month of May for cyclist of all abilities and planned family neighborhood rides on May 17 with the Southeast Action Forum and Lincoln Terrace Elementary School and on May 31 at Grandin Gardens, Roanoke River Greenway and Piedmont Park; and WHEREAS, representatives from the Blue Ridge Bicycle Club's 450 members are working with Bike Walk-Roanoke Chapter, Virginia Bicycling Federation, Ride Solutions and ShareBike to promote May as Bike Month and Friday, May 16, 2008, as Commute Clean and Bike to Work Day. NOW, THEREFORE, I, C. Nelson Harris, Mayor of the City of Roanoke, Virginia, encourage citizens of all ages to experience first hand the joy of riding a bicycle and, do hereby proclaim May 2008, throughout this great All-America City, as ,BIKE MONTH. Given under our hands and the Seal of the City of Roanoke this twenty-first day of April in the year two thousand and eight. ATTEST: ...... ~ 0.S"~~;'(~' 5~ y -; --,-,~'"~:;,\ r'~ -- . " ~-O- ~- - -' ;~ -:. e ~1{~ ~h1.~ Stephanie M Moon City Clerk C. Nelson Harris Mayor 'I ~"" .~;/~': .._,:......;. ,J -J 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. 1YREE Assistant Deputy City Clerk April 22, 2008 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 , Dear Ms. Goodlatte: I am enclosing copy of Ordinance No.' 38064-042108 'establishing a Comprehensive Sign Overlay District zoned INPUD, Institutional Planned Unit Development District, for property located between Belle Avenue and Orange Avenue, N. E., identified as Official Tax Map Nos. 7110105 and 7110121, such district, initially allowing the installation of one development identification sign located near the property frontage on Mexico Way, N. E., and one freestanding sign with an electronic readerboard located on property identified as Official Tax Map No. 7110105, near the property frontage on Orange Avenue, N. E., both such signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations, as set forth in the Amended Application No.2 dated March 17, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008, and is in full force and effect upon its passage. Sincerely, ~~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Maryellen F. Goodlatte April 22, 2008 Page 2 pc: The Reverend Dr. John W. Ott, Senior Pastor, Parkway Wesleyan Church, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. Charles E. Perry, 3691 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Margaret R. McKinney, 3361 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Billy Eldreth, Trustee, 3355 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Russell Keller, 3349 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Ms. Rhonda L. Cagle, .3343 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. William D. Doss, 3337 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and 'Mrs. Todd Hartman, 3331 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Ms. Patricia B. Carter, 3325 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. John lovern, 3319 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Raymond leonard, 3311 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mehmed Ackar, 3305 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mark E. lynch, 3538 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. Phil Orb Johns, Executor, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016 Moriah Church, 3521 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. James D. Blankenship, 3386 Village Court lane, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Herman Kamp, Trustee, 3392 Village Court lane, N. E., Roanoke, Virginia 24012 Mr. and Mrs. David Burris, 3399 Village Court Lane, N. E., Roanoke, Virginia 24012 Grace and Truth Baptist Church, Trustees, 3545 Orange Avenue, N. E., Roanoke, Virginia 24012 Ms. Evelyn K. Gish, 2405 E. Ruritan Road, N. E., Roanoke, Virginia 24012 - Mr. and Mrs. Albert l. Turner, 3744 Carson Road, N. E., Roanoke, Virginia 24012 Ms. Kimberly Johnson, 3730 Carson Road, N. E., Roanoke, Virginia 24012 V' WCB Ltd, P. O. Box 100, Vinton, Virginia 24179 Maryellen F. Goodlatte April 22, 2008 Page 3 pc: Mr. and Mrs. Paul Kniffel, 3702 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Joseph Whitt, 3698 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Bonnie S. Brizendine, 3692 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Karen l. Mason and Ms. Michele Cefola, 3686 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Wendell Brown, 3662 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Lorie G. Diamond and Mr. Charles M. Suttenfield, 3650 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Ernest Akers, 3638 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. James Clark, 3626 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Bobby Combs, 3602 Belle Avenue, N. E., Roanoke, Virginia 24012 VIAMAC, Inc., 5041-A Benois Road, Roanoke, Virginia 24014 Member One Federal Credit Union, 202 Fourth Street, N. E., Roanoke, Virginia 24016 David H. Luther, etals, POBox 1117, Bowling Green, Kentucky 42102 Five Star Corporation, 391 Edgewood Drive, Meadville, Pennsylvania 16335 Mr. and Mrs. Charles Goodman, 3504 Sunrise Ridge, N. E., Roanoke, Virginia 24012 Joseph K. Bushnell, et ux, 3716 Autumn Lane, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Alan Brumbaugh, 3738 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Harold Hodges, 3754 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. John Keith, 3504 Apricot Trail, N. E., Roanoke, Virginia 24012 Integrity Windows, Inc., P. O. Box 100, Warroad, Minnesota 56763 Ms. Robin B. Smith, 3846 Evan Lane, N. E., Roanoke, Virginia 24012 R & J Enterprises, LLC, c/o Bob Johnson, 3959 Electric Road, S. W., Suite 100, Roanoke, Virginia 24018 Ms. Mary A. Asbury, 3841 Alexandra Court, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Ronald Kendrick, 3839 Alexandra Court, N. E., Roanoke, Virginia 24012 Maryellen F. Goodlatte April 22, 2008 Page 4 pc: Mr. and Mrs. Rodney Garst, 4158 Blue View Drive, N. E., Roanoke, Virginia 24012' Mr. and Mrs. Richard Agee, 3831 Alexandra Court, N. E., ~oanoke, Virginia 24012 Mr. and Mrs. Stanley Cline, 3827 Alexandra Court, N. E., Roanoke, Virginia 24012 , Ms. Christy D. ~cott, 3757 Evan lane, N. E., Roanoke, Virginia 24012 Ms. Shirley B. Stanton, 3753 Evan lane, N. E., Roanoke, Virginia 24012 Ms.Rachael Albers, 3749 Evan lane, N. E., Roanoke, Virginia 24012 Ms.l Geraldine Dooley Sink, 3745 Evan lane, N. E., Roanoke, Virginia 24012 Mr. Donald l. Chocklett, 3741 Evan lane, N. E., Roanoke, Virginia 24012 Janet Scheid, Roanoke County Planning, POBox 29800, Roanoke, Virginia 24018 Adrian lewis, President, Wildwood Civic league, 2538 Belle Avenue, N. E., Roanoke, Virginia 24012 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator ~~~i IN THE COUNCIL OF THE CITY OF ROANOKE, VJRGINIA, The 21st day of April, 2008. No. 38064-042108. AN ORDINANCE to amend 936.2-100, Code ofthe City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, to establish a Comprehensive Sign Overlay District within the City of Roanoke adjacent to Orange Avenue, N.E.; and dispensing with the second reading by title of this ordinance. WHEREAS, Parkway Wesleyan Church, Inc., represented by Maryellen Goodlatte, attomey, has made application to the Council ofthe City of Roanoke, Virginia ("City Council"), to establish a Comprehensive Sign Overlay District on the hereinafter described property within the City, zoned INPUD, Institutional Planned Unit Development District; WHEREAS, the City Planning Commission, after giving' proper notice to all concemed as , required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 21, 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed establishment of the comprehensive sign overlay district; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require that the hereinafter described property located between Belle Avenue, N.E., and Orange Avenue, N.E., being more specifically identified as Official Tax Nos. 7110105 and 7110121, should be designated as a Comprehensive Sign Overlay District, as herein provided, and finds that such district meets the standards set forth in 936.2-336, Code of the City of Roanoke (1979), as amended, and will serve the public purposes and objectives set forth in 936.2-660 afthe Code of the City of Roanoke (1979), as amended, at. least as well, or better, than the signage that would otherwise be required or permitted by Chapter 36.2 THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. 936.2-100, Code ofthe City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, be amended to reflect that Official Tax Nos. 7110105 and 7110121, located between Belle Avenue, N.E., and Orange Avenue, N.E., be, and are hereby established as a Comprehensive Sign Overlay District zoned INPUD, In,stitutional Planned Unit Development District, such district initially allowing the installation of one development identification sign located near the property frontage on Mexico Way, N.E., and one freestanding sign with an electronic readerboard located on property identified as Official Tax No. 7110105, near the property frontage on Orange Avenue, N.E., both such signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations, as set forth in the Amended Application No.2 dated March 17,2008. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. \ , \ , l< /.~\ ATTEST:\\, .1\ .,' ;'~-'c :".i(t1~....; ." : \;, - '~." < ,". ,'., hL~ City Clerk. O-Parkway Wesleyan Church-Sign Overlay District-4-21-08.doc CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission April 21,2008 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 from Parkway Wesleyan Church, Inc., to establish a Comprehensive Sign Overlay District, pursuant to the provisions of Section 36.2-336, Roanoke City Code, for properties located between Belle Avenue to the south and Orange Avenue to the north, more specifically identified as Official Tax Nos. 7110105 and 7110121, such district initially allowing the installation of one development identification sign located near the terminus of the property with a public right-of-way identified as Mexico Way, and one freestanding sign with an electronic readerboard located on property identified as Official Tax No. 7110105, near its terminus with Orange Avenue, both such signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations. Planning Commission Recommendation: Planning Commission hearing was held on Thursday, March 20, 2008. By a vote of 6-0 (Mr. Manetta absent for the vote), the Commission recommended approval of the request. The Commission found that the application to adopt a Comprehensive Sign Overlay District on the subject properties to be consistent with the City's Zoning Ordinance, the Comprehensive Plan, and the Hollins/Wildwood Area Plan. By allowing the flexible use of the property's total freestanding sign allotment, a more appropriate signage system can be installed. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Maryellen F. Goodlatte, Attorney for the applicant 2 Application Information Request: Comprehensive SiQn Overlay District Applicant: Parkway Wesleyan Church Inc. Representative: Maryellen Goodlatte, Attorney City Staff Person: Maribeth B. Mills Site Address/Location: 3645 OranQe Avenue NE Official Tax Nos.: 7110105 and 7110121 Site Area: 82.29 Acres Total Existing Zoning: INPUD, Institutional Planned Unit Development Proposed Zoning: INPUD, Institutional Planned Unit Development and Comprehensive Sign Overlay District Existing Land Use: Place of Worship Proposed Land Use: Place of Worship Neighborhood Plan: Hollins/Wildwood Area Plan Specified Future Land Use: INPUD, Institutional Planned Unit Development Filing Date: Original Application: February 6, 2008, Amended Application NO.1: February 25, 2008; Amended Application NO.2: March 19, 2008 Background The applicant requests a Comprehensive Sign Overlay District to reallocate a portion of the property's total sign allotment to the Orange Avenue frontage. The subject property is large (82.29 acres) but has limited street frontage at four locations: . 71 feet on Orange Avenue (Location A on Exhibit B) . 214 feet on Mexico Way (Location B on Exhibit B) . 133 feet on Belle Avenue (Location C on Exhibit B) . 81 feet on Belle Avenue (Location 0 on Exhibit B) The Orange Avenue frontage is the property's most visible location for a sign as Belle Avenue is a two-lane residential street and the frontage on Mexico Way is not visible from Orange Avenue. Under the current sign regulations, the maximum sign area permitted on the Orange Avenue frontage is 35 square feet. If all frontages are considered, the property is entitled to a cumulative total of 249.5 square feet of sign area. The proposed sign overlay district would permit two freestanding signs with a total of 131 square feet to be placed on the Orange Avenue and Mexico Way frontages. Building mounted signage is not a part of this application and would be required to comply with all regulations set forth in the City's Zoning Ordinance. Specific provisions for each sign are listed below. · Freestanding Sign on Mexico Way NE (Figure 1 & 2) o Located at the terminus of Mexico Way NE as indicated on Figure 1. o 3 feet in height. 3 o 60 square foot sign face. o Single-sided. o Uncoursed limestone veneer. o Externally illuminated . Freestanding Sign on Orange Avenue NE (Figure 3 & 4) o Located along Orange Avenue NE, east of the main entrance into the facility as indicated on Figure 3. o 15 feet 9 inches in height. o 71 square foot sign face, consisting of a 22 square foot electronic readerboard in the form of a color digital display (31 % of the total sign face). o Double-faced with identical static message and electronic readerboard. o Constructed of textured and painted aluminum skirt over a steel grid frame. o Externally lit with illumination hidden inside 'Parkway' and the three crosses, directing light back against the sign to create a shadow effect. o Masonry retaining wall (maximum 4 feet in height) will be constructed to provide level surface to construct the sign. Considerations Surroundinq Zoninq and Land Use: North Zoning District R-1, Low Density Residential and 1-1, Light Industrial Roanoke Count R-5, Sin le-Famil Residential R-7, Sin le-Famil Residential CG, Commercial General and RM-2, Residential Mixed Density Land Use Single-family residential and manufacturin . Sin le-famil residential. Sin le-famil residential. Medical clinic, retail sales, multifamily residential and vacant. South East West Compliance with the Zoninq Ordinance: A Comprehensive Sign Overlay District requires that several standards be considered. The subject parcel and proposed signage must meet standards such as appropriate base zoning, minimum acreage, compatibility of design and color to the existing building, compliance with total sign allocation, and maximum sign height. An additional consideration is the proposed sign's relationship to the purpose of the overlay district, which is to address constraints to conventional sign placement and allocation. The consolidation of the subject property's sign allotment to Orange Avenue and Mexico Way will place the signs at more appropriate locations (i.e., the primary entrances to the site). Finally, shifting sign allotment away from the property's frontage on Selle Avenue 4 will preserve the residential character of the adjacent neighborhood. With the proposed overlay, no freestanding signs would be placed on the Belle Avenue frontages. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The City's Comprehensive Plan, Vision 2001-2020, and HollinslWildwood Area Plan label Orange Avenue a 'Commercial Corridor.' These corridors are characterized by wide roads without bicycle or pedestrian accommodations, linear development, excessive signage and excessive curb cuts. The size and location of the Orange Avenue sign on a narrow pipe stem will undoubtedly add to the visual clutter already present on this street. However, the proposed signs would not be out of scale with other signs in the area, which average 60 square feet for considerably smaller lots. The total area for the Orange Avenue sign consisting of the organization's name and readerboard is 60 square feet with an additional 11 square feet for the pastor's name and worship times. The total area for the Mexico Way sign is also 60 square feet. Conformity with Vision 2001-2020's Design Principles: Oesi n Principles: Signs should be attractively designed and co-located on single displays or monuments. Signs (private and public) should be limited in number and scaled in size to minimize visual clutter. City Department Comments: Application's Conformit : The proposed signs are consistent in design with the existing building and site la out. The proposed signs are consistent in size with other signs in the area and appropriate for a development of this size. The readerboard meets the requirements of the Zoning Ordinance (consisting of less than 40% of the overall sign area, not to exceed 22 square feet) and is already a permitted si n in the INPUD District. The applicant had originally proposed to improve and reverse the direction of the existing driveway off Orange Avenue to prevent confusion for visitors created by the lack of an entrance near the proposed sign location. However, the Transportation Manager advised that it would not be desirable to change the direction of the driveway due to its proximity to the signalized intersection at Mexico Way. In response, the proposed driveway improvements were removed from the application. Public Comments: Staff received two telephone calls from adjoining property owners who indicated support for the application. 5 Planninq Commission Public Hearinq Comments: At the public hearing on March 20, 2008, the Planning Commission asked the applicant to comment on the likelihood of visitors trying to access their facility via the driveway off Orange Avenue. The applicant responded that it was very rare as they tend to follow the stream of traffic accessing the property via Mexico Way. A representative of Member One Credit Union expressed concern over the safety of motorists who might be distracted by the electronic readerboard and confused by the lack of an entrance at the proposed sign location. In response, the applicant stated that the readerboard would be regulated by the Zoning Ordinance which requires a message to remain static for a minimum of 6 seconds. In response to the concern raised about a lack of a driveway, the applicant stated that the main cause of accidents in this area is the lack of a left turn lane and signal at the intersection of Orange Avenue and Mexico Way. The Planning Commission requested that staff notify the Transportation Manager of the potential safety hazard. Planning staff contacted Mr. Jamison and he will review accident data for this intersection and respond based on his findings. 6 Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 Phone: (540)853-1730 Fax: (540)8~1230 Date: IMar 17, 2008 Submittal Number. IAmended Application No.2 'Rehs'1fls;lecBij~ffiatWlpPIY>>l~ '''':=~!.'~~..k~~~''''-~.:0t1:l!~1IU'~''~''''':'1&.''''~~D. I Click Here to Print I I o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development [2g Establishment of Comprehensive Sign Overlay District J!1!!.ye~rilo~~~ Address: /3645 Orange Avenue, Roanoke, VA 24012 Official Tax No(s).: /7110105 and 7110121 Existing Base Zoning: INPUD, Institutional Planned Unit Development (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: INot Applicable I ProPOsed Land Use: o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District o With Conditions [2g Without Conditions I Phone Number: I +1 (540) 342-3968 I E-Mail: apatriquin@parkwayroanoke.com Name: I Phone Number: / E-Mail: I I I Address: Applicant's Signature: Name: Maryellen Goodlatte - Glenn, Feldman, Darby & Good/iitte Address: /210 1 st Street SW, Roanoke, VA. 24012 ' I7J~F'~ Authoriz gent's SIQnature: Phone Number: I + 1 (540) 224-8018 I 1 E-Mail: lmgOOdlatte@gfdg.com I rx Completed application form and checklist. rx Written narrative explaining the reason for the request. rx Location map. IX Adjoining property owners list. IX Required fee. r Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. r Written proffers. r Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. Please label as 'development plan' if proffered. r Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. ~~ IX Comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. r Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. r Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. r Written proffers to be repealed. r Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list. r Copy of previously adopted Ordinance. r Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. r:- Copy of previously adopted Ordinance. r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance. r Cover sheet. r Traffic impact analysis. r Concept plan. r Proffered conditions, if applicable. r Required fee. 'An ~'ectronic copy of this application and checklist can be found at www.roanokeva.gov/planning by clicking 'Boards and Commissions', 'Planning Commission', 'Zoning Amendment and Street/Alley Closure Applications', 'Zoning Amendment Application and Checklist'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Cify of Roanoke - Virqinia E!5lab/i!5hf?enlof COf?prehen!5ive 5iqn Overlay Di!5lricl ENGINEERING CONCEPTS, INC. JO s.. IIGlM)U n. fIO loa &1' FlOCASt1L _ "- s.iO:Ar).,IW ,..~S."'>>,18oI Parkway Wesleyan Church, Inc. - Sign Overlay District Application Narrative The Parkway'Wesleyan Church campus is situated on 82 acres of land within the City of Roanoke on Orange Avenue (460 East). The church property has approximately 70 ft. frontage on Orange A venue that is available to us for identification signage. The church is not easily visible from Orange Avenue and a proposed sign on our Mexico Way road frontage will not be visible from Orange A venue. Visitors to our church, as well as the driving public have not been provided any signage to identify the church and direct them to the campus. The purpose of our Sign Overlay District application is to assign a portion of our Mexico Way sign square footage allotment to the Orange Avenue frontage in order that a more communicative sign may be placed there to identify the church and direct visitors to the campus. The church facility consists of a 72,000 sq.ft. building used as a worship center and other church uses such as classrooms and children and youth areas. The campus master plan includes a larger sanctuary, an educational building and the current building, which will be converted to a family life center after the larger sanctuary is built. Our average attendance has grown from approximately 800 to 1,200 worshippers since relocating to this site in 2006. We are confident a major factor in our ability to keep growing will be the location and design of a quality sign on Orange Avenue. We are requesting a Sign Overlay District be approved to allow the initial placement of two professionally designed and erected monument signs on the campus. The sign on Orange Avenue will have a 71 sq ft sign face inclusive of a 22 sq ft, high resolution electronic reader board. The sign will be double-faced with identical static communication and reader boards on each side. The sign will be externally lit with illumination hidden inside the solid channel aluminum letters of the word "Parkway" and the channel aluminum "crosses", directing the light back against the sign base to create a shadow effect. All illumination sources will be completely hidden from public view within the solid channel aluminum letters and crosses. The sign face will be constructed of textured and painted aluminum mounted over a steel grid frame. The entire sign will be mounted on an eight inch square steel pole which will not visible in any way. It will also be protected from roads by being located on a berm behind a masonry retaining wall and will be enhanced with landscaping. The sign on Mexico Way will be a single-sided monument design using masonry such as local field stone. It will be low-profile and have 60 sq ft of calculated sign face consisting of static letters identifYing the campus as "Parkway Wesleyan Church". It will be externally illuminated with all sources of illumination hidden from public view. We submit this request for a Sign Overlay District we feel meets the quality and professional design expectations of the city while also providing Parkway the necessary access and visibility to the driving public on Orange Avenue which is critical to our ability to grow. R~~~ct I Submitte~ /1-.. . /!/( C</~ Dr. J9 - W. Ott Seni r Pastor - Parkway Wesleyan Church " , \ , EXHIBIT "An APPLICATION FOR SCU:1-=500' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 Parkway Wesleyan Church Comprehensive Sign Overlay District (a) The purpose of this Section is to permit the use of publicly visible signs as they apply to the Parkway Wesleyan Church, an 82.29 acre INPUD located in the City of Roanoke, Virginia. The master plan for signage related to the proposed church campus presents a comprehensive proposal for such signage to best fit the spirit and intent of the City's Zoning Ordinance. It does so subscribing to the purposes set forth in Section 36.2-660, Code of the City of Roanoke (1979), as amended, by providing effective communication and enhanced appearance consistent with the general architecture and theme of the buildings on and proposed for the property. (b) The Comprehensive Sign Overlay District shall comply with sign area requirements of Section 36.2-336 (c)( 4). Attached as Exhibit B is the sign area calculations used to determine proposed area allotments. (c) Freestanding Signs (1) One development identification sign for the INPUD shall be permitted near the terminus of the public right-of-way identified as Mexico Way and shall be subject to the standards and locations set forth in Figure 1 and 2. (2) One freestanding sign for the INPUD shall be permitted in the northwest "pipe stem area" of Tax parcel No. 7110105 near it's terminus at the public right-of-way identified as U.S. Route 460 (Orange A venue) and shall be subject to the standards and locations set forth in Figure 3 through 4. (3) Freestanding signs shall comply with Section 36.2-670. (4) The cumulative square footage of sign area for Freestanding signs shall not exceed (0.5) per foot of linear lot frontage. (d.) Building Mounted Signs Building mounted signs are not regulated by this Comprehensive Sign Overlay District and shall comply with all regulations set forth in Section 36.2-671 of the City's Zoning Ordinance. Fonnula: Frontage x .5ft./Sq.Ft. of Sign 499 x .5ft./Sq.Ft. of Sign = 249.5 Sq.Ft. of Sign ROAD FRONTAGE ORANGE AVENUE (RTE 460) 71 FEET MEXICO WAY 214 FEET ~ BELLE AVE. #2 133 FEET BELLE AVE. #1 81 FEET Total Frontage 499 FEET PROPOSED ALLOTMENTS (3) ORANGE AVENUE (RTE 460) - Figure 3 & 4 @ MEXICO WAY - Figure 1 & 2 @DBELLEAVE.#2 @ BELLE AVE. #1 71 Sq. Ft. 60 Sq. Ft. none none Total Allotment (Unused Allotment 131.0 Sq. Ft. 118.5 Sq. Ft) ~ CONCEPl'S, INC. 20 a. lOANOe sr. PO lOX 619 ~ VIlGINIA2a9C) 540.473.1253 FAX: &eo.A7a.au EXHIBIT "B" APPLICATION FOR SCALE:1-=500' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 .... , --- 1 1>- --. ( {~ -- -- ~{.~ "'- I~ -- -- "'\. '" I~ "~'?:S-.. w -- -- --- - -- , - Q "t- I I I I '~" I q ... ... Pro~rty {llJ . -- 1 I 1 I 1 . "- "- "- "- "- "- "- "- " " " "- INPUD IDENnFlCA nON SIGN" "- SEE FIGURE 2 " " "- " " " ... FIGURE 1 Mexico Way Entrance - Location 'B' APPLICATION FOR SCALE:'-=50' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 ~ CONC&>.., ilC. 20 So IOANOICI! SF. PO lOX 619 ~ VIlGNA 2A09O ~1253 FAX:~1IU LOCAL LIMESTONE (F1ELDSJONE SHAPE) IN UNCOURSED STYLE ~ SHOWN. 11 60 S.F. SIGN AREA (20'x3') EXIST. GROUND Notes: 1. Sign is pro~ as a single faced, monument type sign. 2. lighting shaH be in accordance with Section 36.2-666 of the Zoning Ordinance and is planned to have an external light source. 3. Font for sign lettering shall be consistent between Mexico Way and ~oute 460 locations. , , ~ CONCI!PI'S, INC. 20 8.1lOANOICE If." PO lOX 6. ~YaGIN.\~ ~12A PAX:~1ZU FIGURE 2 Mexico Way Entrance - Location 'B' APPLICATION FOR SCAlE: '-=5. 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VIlGHA M)9O ~12D FAX: 540A73.aN ADJO/NER MAP KEY EXHIBIT C 1 OF 2 APPLICATION FOR SCAl.E:1.==400' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 Map Key Tax Parcel # Owner Deed Ref8rence Zoning Mailing AddI'888 City Ststs ZIp A 7100724 David W. and Frances C. BUITta 70015274 RM-2 3399 Village CT NE Roanoke VA 24012 B 7100723 Herman I Kamp 40011832 RM-2 3382 Village CT NE Roanoke VA 24012 C 7100722 James D. Blankenship 40013574 RM-2 3388 Village CT NE Roanoke VA 24012 0 7100318 Margaret R. Mckinney n/a R-5 3381 Rldgerun DR NE Roanoke VA 24012 E 7100319 Billy L. Eldreth 20004835 R-5 3355 Rlggenm DR NE Roanoke VA 24012 F 7100320 RU888l1 L. and Joanne M. Kaller 70002783 R-5 3349 RIdge"," DR NE Roanoke VA 24012 G 7100321 RhondaL.CagIe 30017608 R-5 3343 Rldgerun DR NE Roanoke VA 24012 H 7100322 William David Doss 60008124 R-5 ' 3337 Rldgerun DR NE ROAnoke VA 24012 I 7100323 Todd A. and AlIsha D. Hartman 30011726 R-5 3331 Rldgerun DR NE Roanoke VA 24012 J 7100324 Patricia B. Car1ar 164201667 R-5 3325 RldganJn DR NE Roanoke VA 24012 K 7100325 John D. and Kathy S. Lovern 50016105 R-5 3319 Rld9erun DR NE Roanoke VA 24012 L 7100328 Raymond J. and Bonnie Laonard 50004925 R-5 3311 Rldgerun DR NE Roanoke VA 24012 M 7100327 Mahma and IIeIa I'd<at 50015796 R-5 3305 Rldgerun DR NE Roanoke VA 24012 N 7100401 MlUk Edward and lois B. Lynch 170800583 R-5 3538 Bella AVE NE Roanoke VA 24012 0 7110120 Bobby R. and Martha Lynn Combs D.B. 14n PG. 688 R.7 3602 Bella AVE NE Roanoke VA 24012 P 7110119 Bobby R. and Martha Lynn Combs D.B. 14n PG. 688 R-7 3602 Be/laAVE NE Roanoke VA 24012 Q 7110118 James E. Jr. and Susan L Clarll 10009315 R.7 3826 Balle AVE NE Roanoke VA 24012 R 7110117 Emest C. and Joyce A. Akers D.B. 1439 PG. 1764 R-7 3638 Balla AVE NE Roanoke VA 24012 S 7110116 Lorfe G. Diamond 14855 R-7 3650 Be/laAVE NE Roanoke VA 24012 T 7110114 Wandall F. and FlI)'8 J. Brown 990017317 R-7 3862 Bel/a AVE NE Roanoke VA 24012 U 7110113 Karen L. Mason 10013111 R-7 3868 Balle AVE NE Roanoke VA 24012 V 7110112 Bonnla S. Bltzandlne D.B.1581, PG.1374 R-7 3892 Balle AVE NE Roanoke VA 24012 W 7110111 Joseph D. and Fey G. Whitt D.B. 1529, PG. 194 R-7 3698 Bella AVE NE Roanoke VA 24012 X 7110110 Paul E. and Patricia R. Knlll'al 20014608 R-7 3702 Balla AVE NE Roanoke VA 24012 Y 7110109 WCBLtd 40021338 R-7 P.O. Box 100 Vinton VA 24179 Z 7110108 David Johnson 40000927 R-7 3730 CeI1lOll RO NE Roanoke VA 24012 M 7110107 Albert L. & Nancy N Tumar D.B. 1558, P.G. 35 R-7 3744 Call1Oll RD NE Roanoke VA 24012 BB 60.01.:01-14 Joseph K. Bushnell, Et Ux D.B. 1170, P.G.458 Rl 3716 Autum Lana Roanoke VA 24012 CC 50.01-01-13 Alan L. & Carolyn C. ElnJmbaugh 200405500 Rl 3738 Autum Lana Roanoke VA 24012 DO 50.01-01-29 Harold B. and Hazel G. Hodges D.B. 1170, P.G.459 Rl 3754 Autumn DR Roanoke VA 24012 EE 5O.01.{)1-29 Harold B. and Hazel G. Hodges D.B. 1170, P.G.459 Rl 3754 Autumn DR Roanoke VA 24012 FF 5O.01-o1~ Harold B. and Hazel G. Hodges D.B. 1170, P.G.459 Rl 3754 Autumn DR Roanokll VA 24012 GG 5O.01-o1~1 Harold B. and Hazel G. Hodges D.B. 1170, P.G.459 Rl 3754 Autumn DR Roanoke VA 24012 HH 50.01-01-32 Harold B. and Hazel G. Hodges D.B. 1170, P.G.459 Rl 3754 Autumn DR Roanoke VA 24012 II 50.01-01-33 Harold B. and Hazel G. Hodges D.B. 1170, P.G.459 Rl 3754 Autumn DR Roanoke VA 24012 JJ 5O.01-O1->l4 Harold B. and Hazel G. Hodges D.B. 1170, P.G.459 Rl 3754 Autumn DR Roanoke VA 24012 KK 50.01-05-29 John K. and Jennifer M. KeIth 2OO4043ll1 Rl 3504 Ap!tcot Trail Roanoke VA 24012 LL 5O.01.{)1-05 Intagrlty W1nd0W8, Inc.. 200313257- 11C P.O Box 100 WII1Il>Bd MN 58763 MM 5O.Q1-06-26 Robin S. Smllh 17021163 R4C 3646 Evan Ln Roanoke VA 24012 NN 5O.01.{)l-ol R&J Entarprfses LLC 18360925 R4C C/O Bob Johnson 3959 ElecIrlo Road Sulta 100 Roanoka VA 24018 00 5O.01-il6-38 Mary A. Asbury 200400855 R4C 3641 A1llXl111dra CT Roanoke VA 24012 PP 50.01437 Ronald L. and Connie K andr1ck 200512863 R4C 3839 A1llXl111dria CT Roanoke VA 24012 QQ 5O.01-il6-38 Rodney B. and Gala H. Garst 2!lO405853 R4r. 4158 Blua VI_ DR NE Roanoke VA 24012 RR 50.01-06-35 RIchard D. and Annla M. Agee 200503248 R4C 3831 A1llXl111darCT Roanoke VA 24012 sa 50.01-06-34 Stanley R. and Mary Bell Cline 200403219 R4C 3627 AlllXlII1drla CT 34 Roanoke VA 24012 TT 50.01-06-10 Christy D. ScoIl 200311768 R4C 3757 Evan LN Roanoke VA 24012 UU 5O.01.Qe.og Shirley B. Stanton 16680201 R4C 3753 Evan LN Roanoke VA 24012 W 50.01-06-08 Janalla M. Dixon 200403119 R4C 3749 Evan LN Roanoke VA 24012 WW 5O,01-lJ6.ll7 Geraldine Doolay Sink 17100538 R4C 3745 Evan LN Roanoke VA 24012 XX 50.01-06-08 Donnal L Chock/ell 2004240426 R4C 3741 Evan LN Roanoke VA 24012 yy 7110108 Evelyn KaIsIBr GIsh O.S. 229, P.G.447 C2 2405 E Rurllan Road Roanoke VA 24012 z:z. 7110122 VlAMAC,INC. 70008765 CGo 5041 A Benols Road Roanoke VA 24014 AM 7100125 N &W Federal Cradll Union D.B. 1751, P.G.l503 C2 202 Fourth St NE Roanoke VA 24016 SBB 7110126 David H. Luther, Et afs O.S. 1616, P.G. 199 CGo P.O. Box 1117 All 0 Ganlry BowlIng G_ KY 42102 CCC 7110127 Five Star Corporadon 0.B.1683, P.G.l564 CGo 391 Edgawood Dr Maadvllle PA 18335 ODD 7110104 Trustaas of Grace and Tru1h Baptls Church 0.8. 1759, P.G.702 R~ 3545 0ran9a Ave NE Roanoke VA 24012 EEE 7110102 Phil Ortl Johna 4800268 R~ 2208 Pallal1lOll AVE SW Roanoke VA 24016 FFF 7100707 Phil Ortl Johna W.B. 37, P.G. 1280 2208 PaIlaI1lOll AVE SW Roanoke VA 24016 GGG 7100710 Moriah Church Cameay D.B. 38, P.G. 141 3521 Orange AVE NE Roanoke VA 24012 ~ CONCEPI'S, I<<:. 20 I.IlOANOIC! IT., PO lOX 6. PI<<:AITII, VIIGNA 24090 s.tOA7I.12A PAX: s.tOA7I. au ADJOINER MAP KEY EXHIBIT C 2 OF 2 APPLICATION FOR SCAlE:1....4QO. SIGN OVERLAY DISTRICT 2/4/08 CITY OF ROANOKE VA 07074 / .,F ,,/ / I I I r ~.._;oo- 200' " ""~' ~ !.~Dl l\ol...___.......... -~- 0......01.._. Af-.l--''''_;8-n' 1_...._._- ......- J'''''... .....001..........."'.-..,.. \ \. SIGN I:OCATION DETAIL ENGINEERING I CONCEPTS, INC. "Creating Success. , SIGN DETAIL ::''5~'''*: .,: Eastbound View 2 Westbound View 1 _ENGINEERING i' J) CONCEPTS, INC. , . . "Creating Success. ....__Pl:I..... -'.~=.t'::_ I US 460 Sign CQncegt F.ebruary, 4, 2008 The Roanoke Times Roanoke, Virginia ~ffidavit of Publication, The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- GLENN, FELDMANN, DARBY & GOODL PO BOX 2887 210 FIRST ST ROANOKE VA 24001 REFERENCE: 80078049 10813241 Parkway Wesleyan Chu ) State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virgin~a. Sworn and subscribed before me this ~j~day of April 2008. Witness my hand and official seal. ~__~<<-__- N?tary Public commiss~on~xpires __ /~~~~~~___' ~Q(P~~ +~ , PUBLISHED ON: 04/04 04/11 TOTAL COST: FILED ON: 450.00 04/16/08 I I [----------- -~' I NOTICE OFPUBLlC I : HEARING I : The~ouncil of the City of I Roanoke will hold a public I hearing on Monday, April 21, 2008, at 7:00 p.m" or as soon thereafter as the I 'matter may be heard, in the 1 Council Chamber, fourth floor, In the Noel C. Taylor I Municipal Building, 215 \ChurCh Avenue, S,W., I .Roanoke, Virginia, to ; consider the following: I ! Request from Parkway \ Wesleyan Church, Inc" to I establish a Comprehensive I Sign Overlay District, pursuant to the provisions of I Section 36.2-336, Code of \ the City of Roanoke (1979); i I raS'amended, for-properties I located between 8ellel I Avenue...N.E,; and Orange Avenue, N,E., mor~ I specifically identified as Official Tax Nos. 7110105 I and 7110121, such district I initially allowing the installation of one I development Identification sign located near the I property frontage on Mexico Way, N. E ., and 0 n e I freestanding'slgn with an electronic readerboard '1 located on property identified as Official Tax No, I 7110105, near its .frontage I on Orange Avenue, N,E., both such signs being subject to I certain height, area, facing and site restrictions, and I cumulative square footage limitations. I A copy of the application is available for review in the I Office of the City Clerk, Room 456, Noel C. Taylor I Municipal Building, 215 I Church Avenue, S.W.. Roanoke, Virginia, I All parties in interest and citizens may appear on the I above date and be heard'on the matter. If you are a I person with a disability who needs accommodations for I this hearing, please contact I the City Clerk's Office, at 853-2541,"before noon on I the Thursday before the date of the hearing listed above. I GIVEN under my hand this 1st day of April, 2008, I Stephanie M. Moon, CMC I (10813241) City Clerk, \ I - - - - - - -, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Billing Services Representative c_~\~ 7:t\J\; ;"l",. NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, April 21 ,2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Parkway Wesleyan Church, Inc., to establish a Comprehensive Sign Overlay District, pursuant to the provisions of Section 36.2-336, Code of the City of Roanoke (1979), as amended, for properties located between Belle Avenue, N.E., and Orange Avenue, N.E., more specifically identified as Official Tax Nos. 7110105 and 7110121, such district initially allowing the installation of one development identification sign located near the property frontage on Mexico Way, N.E., and one freestanding sign with an electronic readerboard located on property identified as Official Tax No. 7110105, near its frontage on Orange Avenue, N.E., both such signs being subject to certain height, area, facing and site restrictions, and cumulative square footage limitations, A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1s..:I:.. day of April ,2008. Stephanie M. Moon, CMC City Clerk. Parkway Wesleyan Church-sign overlay district.doc Notice to Publisher: Publish in the Roanoke Times on Friday, April 4, 2008 and April 11, 2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 N - Parkway Wesleyan Church-sign overlay district 04-21-08.doc Send bill to: Maryellen Goodlatte Glenn, Feldman, Darby & Goodlatte P.O. Box 2887 Roanoke, VA 24001-2887 (540) 224-8018 Fax: (540) 224-8050 mgoodlatte@ gfdg.com 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 Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk April 3, 2008 CECELIA R. TYREE, Assistant Depnty City Clerk Maryellen Goodlatte, Attorney Glenn, Feldman, Darby & Goodlatte P.O. Box 2887 Roanoke, VA 24001-2887 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 21,2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Parkway Wesleyan Church to establish a Comprehensive Sign Overlay District for properties located between Belle Avenue and Orange Avenue, N. E., more specifically identified as Official Tax Nos. 7110105 and 7110121, both such signs being subject to certain height, area, facing and site restrictions, and cumulative square footage limitations. ) For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to bf;! present at the April 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~'m.~~ "- Stephanie M. Moon, CMC ""<~-- City Clerk SMM:ew Enclosure ~'\~ 'l~I.J~, NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, April 21 ,2008, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Tayldr Municipal Building, 215 Church Avenue, S.W., Roanoke, VirgJnia, to consider the following: Request from Parkway Wesleyan Church, Inc., to establish a Comprehensive Sign Overlay District, pursuant to the provisions of Section 36.2-336, Code of the City of Roanoke (1979), as amended, for properties located between Belle Avenue, N.E., and Orange Avenue, N.E., more specifically identified as Official Tax Nos. 7110105 and 7110121, such district initially allowing the installation of one development identification sign located near the property frontage on Mexico Way, N.E., and one freestanding sign with an electronic readerboard located on property identified as \ Official Tax No. 7110105, near its frontage on Orange Avenue, N.E., both such signs being subject to certain height, area, facing and site restrictions, and cumulative square footage limitations. A copy of the application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 1st day of April ,2008. Stephanie M. Moon, CMC 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 Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE Assistant Deputy City Clerk April 3, 2008 Adjoining Property Owners Roanoke, Virginia Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter ,may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, on the request of Maryellen Goodlatte, Attorney representing Parkway Wesleyan Church to establish a Comprehensive Sign Overlay District for properties located between Belle Avenue and Orange Avenue, N. E., more specifically identified as Official Tax Nos. 7110105 and 7110121, both such signs being subject to certain height, area, facing and site restrictions, and cumulative square footage limitations. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~m.m~ Stephanie M. Moon, CMC' C City Clerk SMM:ew Adjoining Property Owners April 3, 2008 Page 2 pc: John W. Ott, Senior Pastor, Parkway Wesleyan Church, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Ms. Margaret R. McKinney, 3361 Ridge Run Driye, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Billy Eldreth, Trustee, 3355 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Russell Keller, 3349 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Ms. Rhonda L. Cagle, 3343 Ridge R:un Drive, N. E., Roanoke, Virginia 24012 Mr. William D. Doss, 3337 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Todd Hartman, 3331 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Ms. Patricia B. Carter, 3325 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. John Lovern, 3319 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Raymond Leonard, 3311 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mehmed Ackar, 3305 Ridge Run Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mark E. Lynch, 3538 Belle Avenue, N. E., Roanoke, Virginia 24012 Phil Orb Johns Exec, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016 Moriah Church, 3521 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr.James D. Blankenship, 3386 Village Court Lane, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Herman Kamp, Trustee, 3392 Village Ct. Lane, N. E., Roanoke, Virginia 24012 Mr. and Mrs. David Burris, 3399 Village Ct. Lane, N. E., Roanoke, Virginia 24012 Trustees, Grace and Truth Baptist Church, 3545 Orange Avenue, N. E., Roanoke, Virginia 24012 Ms. Evelyn K. Gish, 2405 E. Ruritan Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Albert L. Turner, 3744 Carson Road, N. E., Roanoke, Virginia 24012 Ms. Kimberly Johnson, 3730 Carson Road, N. E., Roanoke, Virginia 24012 WCB LTD. P. O. Box 100, Vinton, Virginia 24179 Mr. and Mrs. Paul Kniffel, 3702 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Joseph Whitt, 3698 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Bonnie S. Brizendine, 3692 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Karen L. Mason and Ms. Michele Cefola, 3686 Belle Avenue, N. E., Roanoke, Virginia 24012 Adjoining Property Owners April 3, 2008 Page 3 Mr. and Mrs. Wendell Brown, 3662 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Lorie G. Diamond and Mr. Charles M. Suttenfield, 3650 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Ernest Akers, 3638 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. James Clark, 3626 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Bobby Combs, 3602 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Bobby Combs, 3230 King Street, N. E., Roanoke, Virginia 24012 VIAMAC, Inc., 5041-A Benois Road, Roanoke, Virginia 24014 Member One Federal Credit Union, 202 Fourth Street, N. E., Roanoke, Virginia 24016 David H. Luther, etals. POBox 111 7, Bowling Green, Kentucky 42102 Five Star Corporation, 391 Edgewood Drive, Meadville, Pennsylvania 16335 Mr. and Mrs. Charles Goodman, 3504 Sunrise Ridge, N. E., Roanoke, Virginia 24012 Joseph K. Bushnell, et UK, 3716 Autumn Lane, N. E., Roanoke, Virginia 24012 Mrs. and Mrs. Harold Hodges, 3754 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Alan Brumbaugh, 3738 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. John Keith, 3504 Apricot Trail, N. E., Roanoke, Virginia 24012 Integrity Windows, Inc., P. O. Box 100, Warroad, Minnesota 56763 Ms. Robin B. Smith, 3846 Evan Lane, N. E., Roanoke, Virginia 24012 R & J Enterprises, LLC, c/o Bob Johnson, 3959 Electric Road, Suite 100, Roanoke, Virginia 24018 Ms. Mary A. Asbury, 3841 Alexandra Court, N. E., Roanoke, Virginia 24012 Mr.and Mrs. Ronald Kendrick, 3839 Alexandra Court, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Rodney Garst, 4158 Blue View Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Richard Agee, 3831 Alexandra Court, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Stanley Cline, 3827 Alexandra Court, N. E., Roanoke, Virginia 24012 Ms. Christy D. Scott, 3757 Evan Lane, N. E., Roanoke, Virginia 24012 Ms. Shirley B. Stanton, 3753 Evan Lane, N. E., Roanoke, Virginia 24012 Ms. Rachael Albers, 3749 Evan Lane, N. E., Roanoke, Virginia 24012 Adjoining Property Owners April 3, 2008 ' Page 4 Ms. Geraldine Dooley Sink, 3745 Evan Lane, N. E., Roanoke, Virginia 24012 Mr. Donald L. Chocklett, 3741 Evan Lane, N. E., Roanoke, Virginia 24012 Janet Scheid, Roanoke County Planning, POBox 29800, Roanoke, Virginia 24018 Adrian Lewis, President, Wildwood Civic League, 2538 Belle Avenue, N. E., Roanoke, Virginia 24012 Aaron Patriquin, Parkway Wesleyan Church, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. Charles E. Perry, 3691 Belle Avenue, N. E., Roanoke, Virginia 24012 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Henry Scholz, Chair, City Planning Commission, Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator ";',. AFFIDAVIT PERTAINING TO THE REQUEST FOR A COMPREHENSIVE SIGN OVERLAY DISTRICT FOR: Parkway Wesleyan Church, Orange Avenue/Belle Avenue ) Tax Nos. 7110105 and 7110121 ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke'City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the! City of Roanoke, she has sent by first-class mail on the 25th day of February, 2008, notices of a public hearing to be held on the 20th day of March, 2008, on the request captioned above to the owner or agent of the parcels listed on the attached sheet. ~L~~ Martha Pace Fe,anklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of February,2008. ~ C)o C;..dzCUJ1'--j Notary Public My Commission Expires: (~l~ C{) (~{) II t REBECCA JO COCKRAM NOTARY PUBLIC Commonwealth of Virginia Reg. #166135 / I Mv Commission Exoires ~ ..21lJ,.)Oe ( .:, 7060126 7100318 7100319 Billy and Phyllis Eldreth, Charles E. Perry Margaret McKinney Trustee 3691 Belle Avenue, NE 3361 Ridge Run Drive, NE 3355 Ridge Run Drive, NE Roanoke, VA 24012 Roanoke,VA 24012 Roanoke,VA 24012 7100320 7100321 7100322 Russell and JoAnne Keller Rhonda L. Cagle William D. Doss 3349 Ridge Run Drive, NE 3343 Ridge Run Drive, NE 3337 Ridge Run Drive, NE Roanoke, VA 24012 Roanoke, VA 24012 Roanoke, VA 24012 7100323 7100324 7100325 T odd and Alisha Hartman Patricia B. Carter John and Kathy Lovern 3331 Ridge Run Drive, NE 3325 Ridge Run Drive, NE 3319 Ridge Run Drive, NE Roanoke,VA 24012 Roanoke, VA 24012 Roanoke, VA 24012 7100326 7100327 7100401 Raymond and Bonnie Leonard Mehmed and Ifeta Ackar Mark E. and Lois B. Lynch 3311 Ridge Run Drive, NE 3305 Ridge Run Drive, NE 3538 Belle Avenue, NE Roanoke, VA 24012 Roanoke, VA 24012 Roanoke, VA 24012 7100707 and 7110102 7100710 7100722 Phil Orb Johns Exec Moriah Church James D. Blankenship 2206 Patterson Avenue, SW 3521 Orange Avenue, NE 3386 Village Court Lane Roanoke, VA 24016 Roanoke, VA 24012 Roanoke, VA 24012 7100723 7100724 7110104 Herman and Elane Kamp, David and Frances Burris Trustees, Grace and Truth Trustee 3399 Village Ct. Lane, NE Baptist Church 3392 Village Ct. Lane, NE Roanoke, VA 24012 3545 Orange Avenue, NE Roanoke, VA 24012 Roanoke, VA 24012 7100106 7110107 7110108 Evelyn K. Gish Albert L. and Nancy Turner Kimberly Johnson 2405 E. Ruritan Road 3744 Carson Road, NE 3730 Carson Road, NE Roanoke, VA 24012 Roanoke, VA 24012 Roanoke, VA 24012 7110109 7110110 7110111 WCB Ltd . Paul and Patricia Kniffel Joseph and Fay Whitt POBox 100 3702 Belle Avenue, NE 3698 Belle Avenue, NE Vinton, V A 24179 Roanoke, VA 24012 Roanoke, VA 24012 ,.., 7110112 7110113 7110114 Bonnie S. Brizendine Karen L. Mason Wendell and Faye Brown 3692 Belle Avenue, NE Michele Cefola 3662 Belle Avenue, NE 3686 Belle Avenue, NE Roanoke, VA 24012 Roanoke, VA 24012 Roanoke,VA 24012 7110116 7110117 7110118 Lorie G. Diamond Ernest and Joyce Akers James and Susan Clark Charles M. Suttenfield 3650 Belle Avenue, NE 3638 Belle Avenue, NE 3626 Belle Avenue, NE Roanoke, VA 24012 Roanoke, VA 24012 Roanoke, VA 24012 7110119 7110120 7110122 Bobby and Martha Combs Bobby and Martha Combs VIAMAC, Inc. 3602 Belle Avenue, NE 3238 IC;II~ ~llt:;d 5041-A Benois Road Roanoke, VA 24012 .st""l';iRQl\e, 'v'/, 21912 Roanoke, VA 24014 7110125 7110126 7110127 Member One Federal Credit David H. Luther, etals Five Star Corporation Union 202 Fourth Street, NE POBox 1117 391 Edgewood Drive Roanoke,VA 24016 Bowling Green, KY 42102 Meadville, PA 16335 7060150 50.01-01-14 50.01-01-13 Charles and Nancy Goodman Joseph K. Bushnell, et ux Alan & Carolyn Brumbaug~ 3504 Sunrise Ridge, NE 3716 Autumn Lane 3738 Autumn Drive Roanoke,VA 24012 Roanoke,VA 24012 Roanoke, VA 24012 50.01-01-28 thru 34 50.01-05-29 50.01-01-05 Harold & Hazel Hodges John and Jennifer Keith Integrity Wndows, Inc. 3754 Autumn Drive 3504 Apricot Trail POBox 100 Roanoke, VA 24012 Roanoke, VA 24012 Warroad, MN 56763 50.01-06-26 50.01-01-01 50.01-06-38 Robin B. Smith R & J Enterprises, LLC Mary A. Asbury c/o Bob Johnson 3846 Evan Lane 3959 Electric Road, Suite 100 3841 Alexandra Ct Roanoke, VA 24012 Roanoke, VA 24018 Roanoke, VA 24012 50.01-06-37 50.01-06-36 50.01-06-35 Ronald and Connie Kendrick Rodney and Gale Garst Richard and Annie Agee 3839 Alexandra Ct. 4158 Blue View Drive, NE 3831 Alexandra Ct. Roanoke, VA 24012 Roanoke, VA 24012 Roanoke, VA 24012 50.01-06-34 50.01-06-10 50.01-06-09 Stanley and Mary Bell Cline Christy D. Scott Shirley B. Stanton 3827 Alexandra Ct. 3757 Evan Ln. 3753 Evan Ln. Roanoke, VA 24012 Roanoke, VA 24012 Roanoke,VA 24012 .' 50.01-06-08 Rachael Albers 3749 Evan Ln. Roanoke, VA 24012 Janet Scheid Roanoke County Planning P 0 Sox 29800 Roanoke, VA 24018 50.01-6-07 Geraldine Dooley Sink 3745 Evan Ln. Roanoke, VA 24012 50.01-06-06 Donald L. Chocklett 3741 Evan Ln. Roanoke, VA 24012 Adrian Lewis, President Wildwood Civic League 2538 Selle Avenue, NE Roanoke, VA 24012 ~'7J7r NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING , COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, March 20, 2008, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Parkway Wesleyan Church, Inc., to establish a Comprehensive Sign Overlay District, pursuant to the provisions of Section 36.2-336, Roanoke City Code, for properties located between Belle Avenue to the south and Orange Avenue to the north, more , I specifically identified as Official Tax Nos. 7110105 and 7110121 , such district initially allowing the installation of one development identification sign located near the terminus of the property with a public right-of-way identified as Mexico Way, and one freestanding sign with an electronic readerboard located on property identified as Official Tax No. 7110105, near its terminus with Orange Avenue, both such signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the 'matter. If you are a person who needs accommodations for this hearing, ,please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Tuesday before the date of the hearing listed above. Martha P. Franklin, Secretary City Planning Commission Please print in newspaper on Tuesday, March 4 and 11, 2008 Please bill: Parkway Wesleyan Church 3645 Orange Avenue Roanoke, VA 24012 (540) 342-3968 Please send affidavit of publication to: Martha P. Franklin Department of Planning Building & Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 ", ~+ Planning Building and Development Memorandum TO: William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney FROM: Martha P. Franklin, Secretary, City Planning Commission DATE: February 25, 2008 SUBJECT: Amended Application NO.1 - Parkway Wesleyan Church, Inc. Attached please find Amended Application NO.1 filed on Monday, February 25, 2008. The amended application provides tax numbers of the location map, combined the Narrative and Executive Summary into one document, and expanded the description of the signage. Please contact Maribeth at 1502 if questions. Thank you. /f attachment cc: E9-tepl1ari-ieMoon, City Clerk (w/a) Susan Johnson, City Attorney's office ,,,,,", " / Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IFeb 25, 2008 HECt:IVEu ROANOKE FED 2 5 2008 CITY OF ROANOKE Submittal Number: IA~~~dn~d'A~~lic~ti~~N;.t- o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development [8] Establishment of Comprehensive Sign Overlay District rRroiieai1I'nfoi1li~~ti()'n:. -..... '.'.". '.''___'' .~~-....:,;;.~"._....".,....".".,". 'C Address: 13645 Orange Avenue, Roanoke, VA. 24012 Official Tax No(s).: 17110105 and 7110121 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: INPUD, Institutional Planned Unit Development (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: INot Applicable I Proposed Land Use: o With Conditions [8] Without Conditions Name: Iparkway Wesleyan Church, Inc. Address: 13645 Orange Avenue, Roanoke, VA. 24012 LL-. kI CJ # ProptJy Owner's Signature: I Phone Number: I + 1 (540) 342-3968 I I E-Mail: lapatriQUin@parkwayrOanoke.com I I Phone Number: I E-Mail: I I I Name: Address: Applicant's Signature: Name: Maryellen Goodlatte - Glenn, Feldman, Darby & Goodlatte Phone Number: I + 1 (540) 224-8018 I I E-Mail: ImgOOdlatte@gfdg.com I Address: 12101 st Street SW, Roanoke,VA. 24012 ma.~~--. p ~~ Authorized gent's Signature: ROANOKE IX; Completed application form and checklist. IX: Written narrative explaining the reason for the request. IX; Location map. IXi Adjoining property owners list. lX1 Required fee. [] Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. [] Written proffers. C, ,Conc~pt plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. Please label as 'development m; plan' If proffered. C! Development plan meeting the' Application Requirements of item #4 in Zoning Amendment Procedures. IX, Comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. [] Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. [] Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. Ci Written proffers to be repealed. C, Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list. [] Copy of previously adopted Ordinance. C; Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. [] Copy of previously adopted Ordinance, [] Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. [] Copy of previously adopted Ordinance. [] A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance. [] Cover sheet. C Traffic impact analysis. [] Concept plan. e: Proffered conditions, if applicable. [] Required fee. "An electronic copy of this application and checklist can be found at www.roanokeva.gov by clicking 'Departments', 'Planning Divisions', 'Zoning Amendment and Street/Alley Closure Applications'. If submitting an amended application, please use this checklist to identify which items have been revised. A complete packet must be submitted each time an application is amended, unless otherwise specified by staft. Cify of Roanoke - Virqinia E:;,fab/i:;,hf?enf of COf?prehen:;,ive 5iqn Overlay Di:;,fricf ."''''' "" ENGINEERING ~,~~. CONCEPTS, INC. e ' JGS.~n.POICl.lt mocASt\L _..... JoIOAn,lt$l fa s.o.A>>.IUoa Parkway Wesleyan Church, Inc. - Sign Overlay District Application Narrative The Parkway Wesleyan Church campus is situated on 82 acres of land within the City of Roanoke on Orange Avenue (460 East). The church property has approximately 70 ft. frontage on Orange Avenue that is available to us for identification signage. The church is not easily visible from Orange A venue and a proposed sign on our Mexico Way road frontage will not be visible from Orange A venue. Visitors to our church, as well as the driving public have not been provided any signage to identify the church and direct them to the campus. The purpose of our Sign Overlay District application is to assign a portion of our Mexico Way sign square footage allotment to the Orange A venue frontage in order that a more communicative sign may be placed there to identify the church and direct visitors to the campus. The church facility consists of a 72,000 sq.ft. building used as a worship center and other church uses such as classrooms and children and youth areas. The campus master plan includes a larger sanctuary, an educational building and the current building, which will be converted to a family life center after the larger sanctuary is built. Our average attendance has grown from approximately 800 to 1,200 worshippers since relocating to this site in 2006. We are confident a major factor in our ability to keep growing will be the location and design of a quality sign on Orange A venue. We are requesting a Sign Overlay District be approved to allow the initial placement of two professionally designed and erected monument signs on the campus. The sign on Orange A venue will have a 71 sq ft sign face inclusive of a 22 sq ft, high resolution electronic reader board. The sign will be double-faced with identical static communication and reader boards on each side. The sign will be externally lit with illumination hidden inside the solid channel aluminum letters of the word "Parkway" and the channel aluminum "crosses", directing the light back against the sign base to create a shadow effect. All illumination sources will be completely hidden from public view within the solid channel aluminum letters and crosses. The sign face will be constructed of textured and painted aluminum mounted over a steel grid frame. The entire sign will be mounted on an eight inch square steel pole which will not visible in any way. It will also be protected from roads by being located on a berm behind a masonry retaining wall and will be enhanced with landscaping. The sign on Mexico Way will be a single-sided monument design using masonry such as local field stone. It will be low-profile and have 60 sq ft of calculated signJace consisting of static letters identifying the campus as "Parkway Wesleyan Church". It will be externally illuminated with all sources of illumination hidden from public view. We submit this request for a Sign Overlay District we feel meets the quality and professional design expectations of the city while also providing Parkway the necessary access and visibility to the driving public on Orange Avenue which is critical to our ability to grow. Resp~ct I SUbmitte~. JL . #'( (//,#- Dr. J W. Ott Seni r Pastor - Parkway Wesleyan Church RQanolre f'\_ '-"Olin TM# 7110105" - \ \ EXHIBIT "A"" APPLICATION FOR SCAl.E:1-=500' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 '1 Parkway Wesleyan Church Comprehensive Sign Overlay District (a) The purpose of this Section is to permit the use of publicly visible signs as they apply to the Parkway Wesleyan Church, an 82.29 acre INPUD located in the City of Roanoke, Virginia. The master plan for signage related to the proposed church campus presents a comprehensive proposal for such signage to best fit the spirit and intent of the City's Zoning Ordinance. It does so subscribing to the purposes set forth in Section 36.2-660, Code of the City of Roanoke (1979), as amended, by providing effective communication and enhanced appearance consistent with the general architecture and theme of the buildings on and proposed for the property . (b) The Comprehensive Sign Overlay District shall comply with sign area requirements of Section 36.2-336 (c)(4). Attached as Exhibit B is the sign area calculations used to determine proposed area allotments. (c) Freestanding Signs (1) One development identification sign for the INPUD shall be permitted near the terminus of the public right-of-way identified as Mexico Way and shall be subject to the standards and locations set forth in Figure 1 and 2. (2) One freestanding sign for the INPUD shall be permitted in the northwest "pipe stem area" of Tax parcel No. 7110105 near it's terminus at the public right-of-way identified as U.S. Route 460 (Orange A venue) and shall be subject to the standards and locations set forth in Figure 3 through 4. A paved driveway connecting Orange Avenue and the facility's parking lot shall be improved and maintained to current driveway standards per Section 36.2-654(2) of the City's Zoning Ordinance providing ingress to the property. A paved driveway shall be surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable pavement system. (3) Freestanding signs shall comply with Section 36.2-670. (4) The cumulative square footage of sign area for Freestanding signs shall not exceed (0.5) per foot of linear lot frontage. (d.) Building Mounted Signs Building mounted signs are not regulated by this Comprehensive Sign Overlay District and shall comply with all regulations set forth in Section 36.2-671 of the City's Zoning Ordinance. Formula: Frontage x .5ft.lSq.Ft. of Sign 499 x .5ft.lSq.Ft. of Sign = 249.5 Sq.Ft. of Sign ROAD FRONTAGE ORANGE AVENUE (RTE 460) 71 FEET MEXICO WAY 214 FEET BELLE AVE. #2 133 FEET BELLE AVE. #1 81 FEET Total Frontage 499 FEET PROPOSED ALLOTMENTS o ORANGE AVENUE (RTE 460) - Figure 3 & 4 o MEXICO WAY - Figure 1 & 2 @DBELLEAVE.#2 @ BELLE AVE. #1 71 Sq. Ft. 60 Sq. Ft. none none Total Allotment (Unused Allotment 131.0 Sq. Ft. 118.5 Sq. Ft) ENCJIlEBtIG CONCI!PI'S, Ie. 20 .. IOANOICI! IT. PO lOX 61P', PN:AITIIl. VIlCJIIM 2A09O 54O.DI.125I PAX: 54O.DI.... EXHIBIT "B" APPLICATION FOR SCAl.E:1-=500' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 ---- ---. --- --- Q ~ .... I , I ~ -- (/~ ----- ,J -- __ 1.8 - - - - --", '1 ""\. , I '\.' :-r '" --- I I / ~ I / / / / ~ / ~ ~ ONe ~ Q~ ~ ~~\S'O~/ ~ ~ I I I '~ I q .... ProP_rlI, IllJ .... -: 'r I I I I I INPUD IDENTIFICATION SIGN SEE FIGURE 2 ') r ) FIGURE 1 Mexico Way Entrance - Location IB' APPLICATION FOR SCALE:1-=50' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 ~ CONCEPI'S, Ie. 20 I.IOANOICI! IT. PO lOX 6_ PN:AITIIl. vaGNA 2A09O 54O.DI.125I FAX: 54O.DI. 1250& LOCAL LIMESTONE (FIELDSTONE SHAPE) IN UNCOURSED STYLE AS SHOWN. 60 S.F. SIGN AREA (20'x3') EXIST. GROUND Notes: 1. Sign is proposed as a single faced, monument type sign. 2. lighting shall be in accordance with Section 36.2-666 of the Zoning Ordinance and is planned to have an external light source. 3. Font for sign lettering shall be consistent between Mexico Way and Route 460 locations. ENCJN!ERIG CONCcr.a. INC.. 20 S.1lOANOICE sr. PO lOX 6_ fINCAI'IU,. VIIGItM 2A09O ~1251 fAX:~1ZU FIGURE 2 Mexico Way Entrance - Location 'B' APPLICATION FOR SCALE: 1-=5' SIGN OVERLAY DISTRICT 2/4/08 CITY OF ROANOKE VA 07074 ~ ~ ~ C:>. ~. ~ ~ If l)J d-~ if / / / / '~ ~ ~ ~~ ~ ~ ~G @N PROPOSED RETAINING WALL (4.0' HIGH MAX) INPUD IDENTlFlCAnON SIGN - SEE FIGURE 4 s- 'Jf'.. / / / / II ~(I ~ \\ ~~ ~ ~ ~ \\ \\ WIDEN EX. ROAD TO 18' MIN. ~ II 1/ If , \ , ENGIeEItI<<J CONCEPI'S, Ie. 20 I.IOANOICI! IT. PO lOX 6_ PN:AITIIl. VIlCJIIM 2A09O 54O.DI.125I PAX: 54O.DI. 1250& FIGURE 3 Route 460 EXIT - Location lA' APPLICATION FOR SrAL.E:1-=20' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 - co...; CO) C .s:: .- 0) (1) 0 >. In "'0 0_ .s:: . .0 C - - C'O "'0 0 C'O- _- u"'''C'E 0 (1)0 :t:~~0~(1) ~~ C.c-_ (1) U C (1)... (1) .... - ... CI) T'" "'0 (1) 0- CI) Q; ::::J "'('1) "C.s::t)-o C'O_ "CC'OInCl)"C1n 6- ~ C e "'0 0: C 'E In .:: C'O 0) ~ "'0 :c .- T"'1n "'0 In (1) 0 I'"- 'u; CI) .: CO 0- .0 Co II C U "'0 C 0) CI) - C'O ::::J ... 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O' ,>~ ,; ':;;~ :,:, t! ~j '>~ ~ .~~ .6" l.~. ~. ..:~'.. l:.i.; ~~ .2L:;ffi'~ t ~f!i '2',~ ,- .8< '.W: ~"':~i w r ~(' ';.if ~~i,.. .'.,,' , ~:: ,,:;~ ri i:}.ti~i' I::: '':' J ~) ~; :/E' i' !-\,g~ ~,j ~.: .ll.j e' t:' " i.,\!' 1? ~;~,: , C:', Q) ~;;)~ ~': ""'iIfj"" U '0l) i; ~l ;:;'Jj~: ~.... ! j.~ll r k m; "'s! ~,,' [IIt'm :; ;'i .8 ....'j.~'.R " i.,~ :. ~(.~I~i ',' ~u ill J,,::'i\l~' t ;':'l' . i',:' _ ' I; , · '~, . :;11 . 'j: N I _,J a {::., g: e, 0.:'-; CD'. S' .!?;; t";r', FF RR aa TM#7110105 HHH GGG EE NN TM#7110121 ADJOINER MAP KEY EXHIBIT C 1 OF 2 ~CO~IS,1e. 20 I.IOANOICI! IT. PO lOX 6_ PN:AITIIl. VIlCJIIM 2A09O 54O.DI.125I PAX: 54O.DI. 1250& APPLICATION FOR SCAl.E:1--4OQ' SIGN OVERLAY DISTRICT 2/22/08 CITY OF ROANOKE - VA 07074 Map Key TaxPIII'C8I# OWner Deed Ref8r8nce Zoning Mailing AddI'888 City Slala ZIp A 7100724 David W. and Frances C. Bun1s 70015274 RM-2 3399 Village CT NE Roanoke VA 24012 B 7100723 Hennan I Kamp 40011632 RM-2 3392 Village CT NE Roanoke VA 24012 C 7100722 James D. Blankenship 40013574 RM-2 3388 Village CT NE Roanoke VA 24012 0 7100318 Margaret R. MclcJnney n/a R-,? 3381 Rldgenm DR NE Roanoke VA 24012 E 7100319 Billy L EIdre1h 20004835 R-5 3355 Rlggerun DR NE Roanoke VA 24012 F 7100320 Russen L. and Joanne M. Keller 70002783 R-S 3349 Rldgerun DR NE Roanoke VA 24012 G 7100321 Rhonde L, CegIe 30017608 R-S 3343 Rldgervn DR NE Roanoke VA 24012 H 7100322 William Davtd Doss 80008124 R-6 3337 Rlclgerun DR NE Roanoke VA 24012 I 7100323 Todd A. and Allsha D. Hartman 30011728 R-,? 3331 Rldgerun DR NE Roanoke VA 24012 J 7100324 Patricia B. CarIar 164201687 R-S 3325 Rldgerun DR NE Roanoke VA 24012 K 7100325 John 0, and Kathy S,l.ovem 50018105 R-S 3319 Rldgarun DR NE Roanoke VA 24012 L 7100328 Raymond J, and Bonnie Leonard 50004925 R-S 3311 Rldgervn DR NE Roanoke VA 24012 M 7100327 Mahma and It'8ta N/KJar 50015798 R-S 3305 Rldgerun DR NE Roanoke VA 24012 N 7100401 M8I1< Edwanland Lola B. Lynch 170800583 R-,? 3538 Belle AVE NE Roanoke VA 24012 0 7110120 Bobby R, and Martha Lynn Canbs D,B. 14n PO, 888 R-7 3602 Bella AVE NE Roanoke VA 24012 P 7110119 Bobby R. and M8I1ha Lynn Canbs D,B. 14n PO. 888 R-7 3602 Balla AVE NE Roanoke VA 24012 Q 7110118 James E, Jr, and Susan L Clerk 10009315 R-7 3626 Bella AVE NE Roanoke VA 24012 R 7110117 Emest C. and Joyce A. Al<818 D,B, 1439 PO. 1764 R.7 3636 Belle AVE NE Roanoke VA 24012 S 7110116 Lor1e G, DIamond 14655 R-7 36SO Belle AVE NE Roanoke VA 24012 T 7110114 Wendell F, and Feye J,IIrown 990017317 R-7 3662 Bene AVE NE Roanoke VA 24012 U 7110113 Karen L. Mason 10013111 R-7 3888 Belle AVE NE Roanoke VA 24012 V 7110112 Bonnie S. Brtzendlne D.B. 1561, PO. 1374 R-7 3692 Belle AVE NE Roanoke VA 24012 W 7110111 Joseph D. end Fey G. Whitt D,B. 1529, PO. 194 R-7 3696 Belle AVE NE Roanoke VA 24012 X 7110110 Paul E, end Patricia R. Knllfel 20014606 R.7 3702 Belle AVE NE Roanoke VA 24012 . Y 7110109 WCBUd 40021338 R-7 P,O, Box 100 Vinton VA 24179 Z 7110108 David Johnson 40000927 R-7 3730 Ce""", RD NE Roanoke VA 24012 AA 7110107 Albert L. & Nancy N Turner D,B. 1556, P,G. 35 R-7 3744 Celllon RD NE Roanoke VA 24012 BB 5O.01~1-14 Joseph K. Bushnell, Et Ux D,B. 1170, P,G.456 R1 3716 Autum Lane Roanoke VA 24012 CC 5O,Ol~1-13 Alan L. & Carolyn C. Brumbaugh 200405500 R1 3736 Autum Lane Roanoke VA 24012 DO 5O,Ol~1-26 H8I'D1d B. and HezeI G, Hodgea D,B, 1170, P,G.4S9 R1 3754 Autumn DR Roanoke VA 24012 EE 5O.01~1-29 Herold 8. and HezeI G. Hodges D.B, 1170, P.G,4S9 R1 3754 Autumn DR Roanoke VA 24012 FF 5O.01~1~ Herold B, end HezeI G. Hodgea D,B, 1170, P.G,4S9 R1 3754 Autumn DR Roanoke VA 24012 GG 5O.0Hl-31 Harold B. and HezeI G, Hodgea 0,8, 1170, P,G.4S9 R1 3754 Autumn DR Roanoke VA 24012 HH 5O,Ol~1-32 Harold B. and HezeI G. Hodges D,B.1170, P.G.4S9 Rl 3754 Autumn DR Roanoke VA 24012 II 5O,Ol~1-33 Harold 8. and HezeI G, Hodgea D.B. 1170, P ,G. 4S9 R1 3754 Autumn DR Roanoke VA 24012 JJ 5O.01~1-34 Harold B. and HezeI G, Hodgea D.B. 1170, P,G.4S9 R1 3754 Autumn DR Roanoke VA 24012 KK 5O.01~29 John K. and Jann/far M, Keith 200404391 R1 3504 Aprlcol Trail Roanoke VA 24012 LL 5O.01~H)5 Intagrfty Windows, Ine. 200313257 11C P,O Box 100 WIIITD8d MN 56783 MM 50,01-00-28 Robin B, Sml1h 17021183 R4C 3646 Evan Ln Roanoke VA 24012 NN 5O,Ol~1~1 R&J En1arprtses LLC 18360925 R4C C/O Bob Johnaon 3959 Electrfc Road Sulta 100 Roanoke VA 24018 00 5O,Ol.{)6.36 Mary A. Asbury 200400655 R4C 3641 Alexandra CT Roanoke VA 24012 PP 50,01-06-37 Ronald L and Connie K endr1ck 200512883 R4C 3839 Alexandria CT Roanoke VA 24012 QQ 5O,Ol.{)6.36 Rodney B. and Gale H. Gara1 200405R!i~ R4C 4156 Blue VIew DR NE Roanoke VA 24012 RR 50.01-06-35 Richard D. and Annie M. AQee 200503248 R4C 3831 AlexanderCT Roanoke VA 24012 55 5O,OH16-34 Stanley R. and Mary Bell Cline 200403219 R4C 3827 Alexandria CT 34 Roanoke VA 24012 TT 50,01-00-10 Chriaty 0, Scott 200311786 R4C 3757 Evan LN Roanoke VA 24012 UU 5O,Ol-1J6.09 ShlrleyB, ~ 18880201 R4C 3753 Evan LN Roanoke VA 24012 W 5O.01-lJ6.08 Jonelle M. Dixon 200403119 R4C 3749 Evan LN Roanoke VA 24012 WON 50,01-06-07 Geraldine Dooley SInk 17100536 R4C 3745 Evan LN Roanoke VA 24012 XX 5O,Ol-lJ6.08 Donnal L ChocIdetl 2004240428 R4C 3741 Evan LN Roanoke VA 24012 yy 7110106 Evelyn KBl8l11r GI8h D,B, 229, P,G, 447 C2 2405 E Rurftan Road Roanoke VA 24012 12. 7110122 VIAMAC, INC. 70006765 CGc 5041 A Benol8 Road Roanoke VA 24014 AAA 7100125 N &W Fed8l81 Credll Union D.B. 1751, P.G.l503 C2 202 Four1h 51 NE Roanoke VA 24016 BBB 7110128 Devld H. Lu1her, Et ala D.B. 1616, P.G, 199 CGc P.O. Box 1117 All 0 Gentry Bowling Gre.. KY 42102 CCC 7110127 Five Star CorporaUon D.B.1683, P.G.l564 CGc 391 Edgewood Dr Meadvll1e PA 18335 ODD 7110104 Tru_ of Grace and Truth BaptIe Church D.B. 1759, P.G. 702 RS-3 3545 Orange Ave NE Roanoke VA 24012 EEE 7110102 Phil on. Johns 4800288 RS-3 2206 Pallenlon AVE SW Roanoke VA 24016 FFF 7100707 Phil on. Johns W,B. 37, P.G. 1280 2206 Palle""", AVE SW Roanoke VA 24016 GGG 7100710 Mcrieh Church Cemeay D,B. 36, P,G. 141 3521 Orange AVE NE Roanoke VA 24012 ~ CONCEPI'S, Ie. 20 I.IOANOICI! IT. PO lOX 6_ PN:AITIIl. VIlCJIIM 2A09O 54O.DI.125I PAX: 54O.DI.-.. ADJOINER MAP KEY EXHIBIT C 2 OF 2 APPLICATION FOR SCAl.E:1-=4OQ' SIGN OVERLAY DISTRICT 2/4/08 CITY OF ROANOKE VA 07074 e~ 9~ , ;';~"lI& , I . - ,c\'. ,l.~:... ",' "''''\'\ ,\,/'\ ";l~!~~\r . . . \.,-t.,'. L._._..___ _'-0 .... 1 . _~ -1..,.. 1.. '.\-.' :,~l\' )1 .,~~_,~/dj~,: ..' , ;/ " iI-' ." L V" ,_,,;;,^' '."C'""/- "'1,< '~' ....-J .i/U/:t:{ 'L. ::::........... ...-. --, ",'___~.ca.n' ~'--- ':::'-;:E~~ SIGN LOCATION DETAIL . nG'''D11I_ 'Mi.): COIICDTS. INC. ~. "CIatIIII..... ..--..-.. . -==::\"- .~.t~1!' "filn ,iH,1 " ':1 ,~ II'''' ~i~'~("'::-: J:"~;., 1TlT:'~, ''';..... CTa,:lhvaji,: :]~;;:lti "__I.', Lf:;.:2;;t :,'~, ~ 1;'; W SIGN DETAIL / "" ,~- // ~~;-~ . ~ rr II'''' 1"'1 1',1 rI lj,:, . '''Y' ~:.~._'~ Eastbound View 1 I;'---~:--'-""_":'_"_~_'""':"'~'''_~_'._'_O<___"_'__'''___-.----""'----'...--'-.-~, , .~:':~:'j",:Isi;;!~.~;t~~;'~~~:~:~~''T7::1:':l'':.. ,. - '''",..;. Eastbound View 2 ---...-;".~._._...",,~....<~_.._,-_.....,..~......-'--'-_...._._,--..._..~------.;..._~.._~--,~ ._...._._--~--_..--..........._~..,----......__... ::.:.....';~ Westbound View 1 ... ENGINEERING ,d~~j. CONCEPTS. INC. 'ff1 . -Crutfng Success- .................... ..'~.=~'" _.._"______.._'_~:w..~_..'""_.,~~.;,:._;:---...;.,........---.....,........--.,............--"..."':' ~.~,,~~~?f~~~? tJ:s 46t) Sign CeA€e@t February 4; 2008. 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- I 145 E-mail: cIerk@roanokeva,gov STEPHANIE M, MOON, CMC City Clerk April 22, 2008 SHEILA N, HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38065-042108 authorizing the proper City officials to execute a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation, and the Western Virginia land, Trust, granting to the Foundation and the Trust a.. conservation easement covering approximately 6,185 acres at the Carvins Cove Natural Reserve, consisting of all the portion of the Reserve owned by the City of Roanoke that is above the 1,500 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 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 William M. Hackworth, City Attorney , R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGlNIA, The 21st day of April, 2008. No. 38065-042108. AN ORDlNANCE authorizing the proper City officials to execute a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation, and the Western Virginia Land Trust, granting to the Foundation and the Trust a conservation easement covering approximately 6,185 acres at the Carvins Cove Natural Reserve, consisting of all the portion of the Reserve owned by the City that is above the 1,500 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps; and dispensing with the second reading by title of this ordinanceo WHEREAS, a public hearing was held April 21 , 2008, pursuantto S 15 .2-1800(8) and S 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 the above referenced matter. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust, upon certain terms and conditions, as more particularlyset forth in the April 21 , 2008, letter ofthe City Manager to Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed witho , ~ ~ .., J ( \ \. ; ~ ATTEST:' ~'/. 1 "I',!""'.'!n' ~. " , ,,'. \ , ',' '. I Qtf'yU " ! 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 21, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly To Fitzpatrick, Jro, Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn Wo Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian Jo Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Carvins Cove Conservation Easement The City of Roanoke proposes to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust covering approximately 6,185 acres at the Carvins Cove Natural Reserve. The easement consists of the portion of the Reserve owned by the City that is above the 1,500 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Mapso The Deed of Gift of Easement outlines the restrictions of future use on this portion of the Cove property, including restrictions limiting grading, blasting or mining, it addresses forest management, and limits the amount and nature of any future buildings or signage erected within the easement area. The easement also outlines the roles and responsibilities of the City as grantor, and of the Virginia. Outdoors Foundation and Western Virginia Land Trust as granteeso The easement is perpetual as tp"',H-s, duration. A copy of the easement is attached for City Council's information. Honorable Mayor and Members of City CounCil April 21, 2008 Page 2 Recommended Action: Authorize the City Manager and City Clerk to execute and attest, respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust. Respectfully submitted, ' Darlene L. B rcham City Manager DLB:SCB:na c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Ro Brian Townsend, Assistant City Manager CM08-00059 1J" Prepared by: Virginia Outdoors Foundation , 101 N. 14th Street, Richmond, VA 23219, as revised by the City of Roanoke TAX MAP NO. OR PIN: (Tax Map Nos. in Roanoke County) 018.00-01-09.00-0000 018.00-01-09.00-0000A 018.00-01-09.00-0000B 018.00-01-09.00-0000C 018.00-01-01.00-000Z 009.00-01-21.00-0000 009.00-01-20.01-0000 (Tax Map Nos. in Botetourt County) 98-20 99-1 100-78 Exempted from recordation tax under the Code of Virginia (1950), as amended, Sections 58.1-811 (A) (3), 58.1-811 (D) and IDol-1803 and from Circuit Court Clerk's fee under Section 17.1-266 THIS DEED OF GIFT OF EASEMENT (this "Easement"), made this _ day of , 2008, by and among the CITY OF ROANOKE, VIRGINIA ("Grantor"); the VIRGINIA OUTDOORS FOUNDATION (VOF), an agency of the COMMONWEALTH OF VIRGINIA, and the WESTERN VIRGINIA LAND TRUST, a non-profit non-stock corporation (WVLT), ("Grantees") (the designations "Grantor" and "Grantees" refer to the Grantor and Grantees and their respective successors and assigns), WITNESSETH: WHEREAS, Grantor is the owner in fee simple of real property situated on State Route 1404 (Timberview Road), State Route 740 (Carvins Cove Road), and State Highway 115 (Plantation Road) in Roanoke County, Virginia, and on State Route 648 (Reservoir Road) in Botetourt County, Virginia, containing in the aggregate approximately 11,363 acres which is a portion of the area commonly known as Carvins Cove (see Schedule A attached hereto and made a part hereof), and desires to give and convey to Grantees a perpetual conservation and open-space easement over approximately 6,185 acres of such property (the "Property", consisting of all such property lying above the 1,500 foot elevation contour line, as further described herein below); and WHEREAS, VOF is a governmental agency of the Commonwealth of Virginia and a "qualified organization" and "eligible donee" under Section 170(h)(3) of the Internal Revenue Code of 1986, as amended (and corresponding provisions of any subsequent tax laws) (IRC) and Treasury Regulation ~1.170A-14(c)(I), and is willing to accept a perpetual conservation and open-space easement over the Property; and WHEREAS, WVL T is a charitable corporation exempt from taxation pursuant to IRC ~ 501(c)(3) and a "qualified organization" and "eligible donee" under IRC g170 (h)(3), as amended, (and corresponding provisions of any subsequent tax laws) (IRC) and Treasury Regulation g 1. 170A-14( c)(1) and is willing to accept a perpetual conservation and open-space easement over the Property; and / WHEREAS, the Virginia Conservation Easement Act, Chapter 10.2 of Title 10.1, gglO.1-1009 through 10.1-1016 of the Code of Virginia, authorizes a charitable corporation, association or trust exempt from taxation, pursuant to 26 U.S. C.A. 501 (c)(3) to hold a non-possessory interest in real property for the purposes of retaining or protecting natural or open-space values of real property and WVL T qualifies as such a charitable corporation; and WHEREAS, Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1, ~glO.1-1700 through 10.1-1705 of the Code of Virginia, as amended (the "Open-Space Land Act"), declares that the preservation of open-space land serves a public purpose by curbing urban sprawl, preventing the spread of urban blight and deterioration and encouraging more economic and desirable urban development, helping provide or preserve necessary park, recreational, historic and scenic areas, and conserving land and other natural resources, and authorizes the acquisition of interests in real property, including easements in gross, as a means of preserving open-space land; and WHEREAS, pursuant to Sections 10.1-1700 and 1001-1703 of the Open-Space Land Act, the purposes of this Easement include retaining and protecting open-space and natural resource values of the Property, and the limitation on division, residential construction and commercial and industrial uses contained in Section II ensures that the Property will remain perpetually available for forest or open-space use, all as more particularly set forth below; and WHEREAS, Chapter 525 of the Acts of 1966, Chapter 18, Title 10.1, gglO.1- 1800 through 1001-1804 of the Code of Virginia, declares it to be the public policy of the Commonwealth to encourage preservation of open-space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic, historic, scientific, open-space and recreational lands of the Commonwealth; and WHEREAS, this Easement is granted "exclusively for conservation purposes" under IRC g 1. 170(h)(1 )(C) because it effects "the preservation of open space (including farmland and forest land)" under IRC ~ 1. 170(h)(4)(A)(iii). Specifically, the preservation of open-space on the Property is pursuant to clearly delineated state and local governmental conservation policies and will yield a significant public benefit; and WHEREAS, this open-space easement in gross constitutes a restriction granted in perpetuity on the use which may be made of the Property, and is in furtherance of and pursuant to the clearly delineated governmental policies set forth below: 2 (i) Land use policies of the County of Roanoke as delineated in its comprehensive plan adopted March 22, 2005, to which plan the restrictions set forth in this deed conform and which contains the following selected vision statements, goals and objectives: CHAPTER 2 r VISION STATEMENTS Community-Wide Themes 4. Scenic Beauty - The mountains that surround the County provide a sense of place and are a source of beauty, recreational activity and inspiration. Steps must be taken to develop sound conservation policies for our dwindling farm lands, mountainsides and ridges, rivers and streams, soil and air. Resource Preservation 30 In 2010, Roanoke County has enacted ordinances and programs to preserve the integrity of the surrounding mountains and open space. These include mountainside, ridgeline and natural resource protection. 5 In 2010, Roanoke County has established tax incentives to encourage landowners to dedicate their mountain land for scenic and conservation easements. 60 In 2010, Roanoke County has participated in a regional effort to identify and protect viewsheds along the Blue Ridge Parkway and the Appalachian Trail. 9. In 2010, Roanoke County citizens exhibit a strong public and private sector commitment to the preservation of Roanoke County's distinctive cultural heritage -- its historic buildings and landscapes, archaeological sites and folk traditions. Agriculture and Forestry 5. In 2010, Roanoke County continues to value, protect and preserve the scenic vistas, water resources and other important natural and cultural resources of the rural areaso There continues to be strong recognition that these resources are critical components of the quality of life of the region. CHAPTER 3 - LAND USE ISSUES Design Guidelines - Conservation Land Use Areas B. Identify, evaluate and work to assure the preservation of wildlife habitats and corridors, natural landmarks, historic and archaeological sites, significant agricultural lands and examples of natural heritage. Maintain a registry of qualified areas and link decisions concerning land and easement purchases and new developments with the conservation framework establishedo C. Encourage the establishment of additional Conservation land use areas through conservation easements, greenways and parks that in the end result, create a network of interconnected Conservation areas. Rural Preserve and Rural Village Land Use Areas In those areas of Roanoke County designated as rural and/or agricultural where local officials and residents are looking for preservation options, certain design strategies 3 can be followed. Through the use of these design strategies land will remain available for productive agricultural activities and open space, developers are not placed under any unreasonable constraints, and realtors gain a special marketing tool, in that rural views from the new homes will be guaranteed by the conservation easements. Land Use Recommendations for Rural Areas I 1. Encourage land protection and conservation in rural areas 0 Recognize that tools such as conservation easements are the most cost-effective solution to protecting rurallandso CHAPTER 5 - RESOURCE PRESERVATION Mountains and Ridgetops There are various options for mountains and ridgetop development policies ranging from identifying and preserving steep slopes that should not be developed to adapting the density of development to the terrain so that as slope increases, allowed density decreases. In addition, various design guidelines should be evaluated to minimize land disturbance and encourage retention of existing vegetation and appropriate architecture that blends with the natural surroundings. Another option is to provide legal and financial mechanisms for the acquisition of open-space and conservation easements in these areaso (ii) Land use policies of the County of Botetourt as delineated in its comprehensive plan adopted May 24, 2004, to which plan the restrictions set forth in this deed conform and which contains the following goals and objectives: 1) Goals: a) To achieve a balanced land use system that provides sufficient and compatible land areas for all community land use needs, while protecting sensitive natural environments and important local and cultural resourceso b) To maintain and enhance the County's high standard of environmental qualityo 2) Objectives: a) Enhance the rural character of the County through the preservation of agricultural and forestal lands. b) Implement appropriate policies and procedures to provide reasonable protection to the Blue Ridge Parkway and Appalachian Trail. c) Protect the County's natural resources including ground and surface waters, and air quality. d) Maintain the rural and scenic beauty ofthe County. e) Encourage the conservation and preservation of major historic and archaeological sites. 4 (iii) Land conservation policies of the Commonwealth of Virginia as set forth m: a. Section 1 of Article XI of the Constitution of Virginia, which states that it is the Commonwealth's policy to protect its atmosphere, lands and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth; bo The Open-Space Land Act cited above; c. Chapter 18, of Title 10.1, ~~10.1-1800 through 10.1-1804 of the Code of Virginia cited above; do The Virginia Land Conservation Incentives Act, Chapter 3 of Title 58.1, ~~58.1-510 through 58.1-513 of the Code of Virginia, which supplements existing land conservation programs to further encourage the preservation and sustainability of the Commonwealth's unique natural resources, wildlife habitats, open spaces and forest resources; and e. The 2002 Virginia Outdoors Plan, which recognizes Carvins Cove Natural Reserve, of which the Property is a part, as an important conservation and recreation site in the Commonwealth and an integral component of the Roanoke Valley Greenways. (iv) Land management policies of the City of Roanoke set out in the Carvins Cove Natural Reserve Park Management Plan, adopted by the Council of the City of Roanoke December 17, 2007, and by the Western Virginia Water Authority January 17,2008; and WHEREAS, the portion of Carvins Cove owned by the City is comprised of approximately 11,363 acres of forested land with significant topographic variation in Virginia's Blue Ridge physiographic province and surrounds approximately 1,072 acres owned by the Western Virginia Water Authority; and WHEREAS, according to the Virginia Department of Conservation and Recreation Division of Natural Heritage, the Property contains five natural community element occurrences, and the provisions set forth in this deed, including the protection of ridges, steep slopes and feeder streams, and the limitation of livestock, new roads, construction and clear cut logging, will serve to protect these elements from degradation; and WHEREAS, Carvins Cove comprises a municipally-owned park, managed by the City of Roanoke's Parks and Recreation Department, and affords open space and 5 recreational opportunities to citizens in the Roanoke Valley and the Commonwealth of Virginia; and WHEREAS, Carvins Cove comprises the primary watershed for the largest source of public drinking water (Carvins Cove Reservoir) for several municipalities in the Roanoke Valley, including the City of Roanoke, Roanoke County, and the Town of I Vinton, and part of Carvins Cove, including the Reservoir, is owned by the Western Virginia Water Authority, and retention of the Property in open space helps protect water quality in the drainage area; and WHEREAS, a significant portion of Carvins Cove lies within a Source Water Protection Area, as designated by the Virginia Department of Health, and the preservation of the Property will contribute to the water quality of a water source (Carvins Cove Reservoir) for the Western Virginia Water Authority serving the City of Roanoke, Roanoke County, and the Town of Vinton; and WHEREAS the Property is located adjacent to the Appalachian National Scenic Trail, and significantly contributes to the scenic views enjoyed by the public therefrom; and WHEREAS the Property is highly visible from the lookout at the peak of McAfee's Knob, one of the most frequently visited and photographed panoramas on the Appalachian National Scenic Trail; and WHEREAS, portions of Carvins Cove are visible from Interstate 81, State Route 1404 (Timberview Road), State Route 740 (Carvins Cove Road), and State Highway 115 (plantation Road) in Roanoke County, Virginia, and on State Route 648 (Reservoir Road) in Botetourt County, Virginia, all public rights-of-way, and preservation of the open- space character of the Property contributes to the scenic views enjoyed by the driving public therefrom; and WHEREAS, the Property lies adjacent to one 96-acre property under open-space easement to VOF and in close proximity to a 81-acre property under open-space easement to VOF, both on the slopes of Tinker Mountain, and thereby contributes to the open-space values of those properties; and WHEREAS, this Easement will yield significant public benefit to the citizens of the Commonwealth as set forth in Section I; and WHEREAS, Grantor and Grantee desire to protect in perpetuity the conservation values specified in Section I by restricting the use of the Property as set forth in Section II; and WHEREAS, Grantees have determined that the restrictions set forth in Section II (the Restrictions) will preserve and protect in perpetuity the conservation values of the Property, which values are reflected in Section I; and 6 WHEREAS, Grantees have determined that the Restrictions set forth in Section II (the "Restrictions") will preserve and protect in perpetuity the conservation values of the Property and will limit use of the Property to those uses consistent with, and not adversely affecting, the conservation values of the Property and the governmental conservation ~olicies furthered by the Easement; and WHEREAS,' VOF, by acceptance of this Easement, designates the Property as property to be retained and used in perpetuity for the preservation and provision of open- space land pursuant to the Open-Space Land Act. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein and their acceptance by Grantees, Grantor does hereby give, grant and convey to Grantees a conservation and open-space easement in gross (Easement) over, and the right in perpetuity to restrict the use of the Property, constituting all of that portion of Carvins Cove owned by Grantor that is above the 1,500 foot elevation contour line, as shown on the Catawba, Roanoke, Salem, and Daleville quadrangle maps prepared by the U. S. Geological Survey, which consists of approximately 6,185 acres, more or less, partially lying within the Catawba Magisterial District, Roanoke County, Virginia, near the City of Roanoke, fronting on State Route 1404 (Timberview Road), State Route 740 (Carvins Cove Road), and State Highway 115 (Plantation Road), and partially lying within the Amsterdam Magisterial District, Botetourt County, Virginia, near Glebe Mills, Virginia, fronting on State Route 648 (Reservoir Road) (the "Property"). See Schedule A attached for derivation of property of Grantor, of which the Property that is the subject of this Easement is a part. The Property consists of those portions, if any, of Tax Map Nos. 018.00-01- 09.00-0000, 018.00-01-09.00- OOOOA, 018.00-01-090 OO-OOOOB, 018.00-01-09. OO-OOOOC, 018.00-01-01:00-000Z, 009.00-01-21.00-0000, and 009.00-01-20.01-0000 among the land records of the County of Roanoke, Virginia, and portions, if any, of Tax Map Nos. 98-20, 99-1, and 100-78 among the land records of the County of Botetourt, Virginia, which are above the 1,500 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps. Even if the Property consists of more than one parcel for real estate taxation or any other purpose, it shall be considered one parcel for purposes of this Easement, and the restrictions and covenants of this Easement shall apply to the Property as a whole. I SECTION I -PURPOSE The conservation purposes of this Easement are to protect land for watershed preservation, natural resource-based outdoor recreation or education, preservation of scenic open space, natural habitat and biological diversity, forestal use, and preservation of open space designated by local government, and to protect the conservation values of the Property in perpetuity by imposing the restrictions on the use of the Property set forth in Section II and providing for their enforcement in Section III. The conservation values 7 of the Property are its open-space, scenic, natural, and recreational values and its values as land preserved for open-space and forestryo SECTION II - RESTRICTIONS Restrictions a,re hereby imposed on the use of the Property pursuant to the public policies set forth aboveo The acts that Grantor covenants to do and not to do upon the Property, and the restrictions that Grantees are hereby entitled to enforce, are and shall be as follows: 1. DIVISION. The Property shall not be divided into, or separately conveyed as, more than five parcelso Grantor shall give Grantees written notice prior to making any division of the Property. In the event of a division of the Property as provided in this Paragraph 1, the grantor making the conveyance retains the right to make any further permitted divisions of the Property unless permitted divisions are allocated by that grantor in the instrument creating the division or other recorded instrument. Boundary line adjustments with adjoining parcels of land are permitted and shall not be considered divisions of the Property, provided that Grantees are made parties to the deed creating the boundary line adjustment and at least one of the following conditions is met: (i) The entire adjacent parcel is subject to a recorded open-space easement held by either Grantee; or (ii) The entire adjacent property is owned by the Appalachian Trail Conservancy, Western Virginia Water Authority, National Park Service, or successor organizations; or (iii) The proposed boundary line adjustment shall have been reviewed and approved in advance by the Board of Trustees of VOF and the Board of Trustees ofWVLT. 2. BUILDINGS AND STRUCTURES. (i) No buildings or structures are permitted on the Property except to serve uses of the Property permitted in paragraph 3 below, and as provided in this paragraph. (ii) To protect water quality, rare ecological communities, and the scenic values of the Property, no building or structure shall be constructed except the following: (a) restroom facilities not individually exceeding 500 square feet in ground area; (b) structures necessary for use and maintenance of equestrian, bike, and foot trail usage such as bridges, shelters, equipment sheds, and small stables which shall not exceed 1,000 square feet in ground area individually, without prior approval of Grantees; (c) informational kiosks which shall not exceed 20 square feet in size, excluding support structures, without prior approval of Grantees; and (d) signs for trails or other permitted uses, provided no sign shall exceed the limits set forth in paragraph 7 below. 8 (iii) Permeable roads and trails and utilities to serve permitted buildings or structures and permitted uses, such as forestry management, may be constructed and maintained. Nothing herein shall prevent the construction and maintenance of permeable parking areas to serve permitted buildings and structures. (iv) Public or private utilities to serve permitted buildings or structures only and public or private utilities to serve parcels created by permitted divisions I of the Property may be constructed and maintained. Public or private utilities that do not serve the Property shall not cross, or otherwise impact, the Property unless Grantees determine that the construction and maintenance of such utilities will not impair the conservation values of the Property and give their prior written approval for such construction and maintenance, which approval shall take into consideration the visibility of such utilities from other properties and the impact of such utilities on the other conservation values of the Property. Grantor reserves its separate rights to approve such public or private utilities. Grantees hereby approve the maintenance and operation of all existing utilities on the Property. (v) Buildings, structures, equipment and other facilities owned and operated by Grantor, the Western Virginia Water Authority, or other governmental entity and related to the production, transmission, or treatment of public drinking water are permitted. 3. USES OF THE PROPERTY AND COMMERCIAL ACTIVITIES. Industrial or commercial activities other than the following are prohibited: (i) nature education and related activities of nonprofit organizations and educational institutions, public recreation (including but not limited to horseback riding, camping, hiking, and cycling) and facilities and trails for the same, and related small-scale incidental commercial activities that the Grantees approve in writing as consistent with the restrictions of and not impairing the conservation values of this Easement; (ii) temporary or seasonal outdoor activities that do not permanently alter the physical appearance of the Property and that do not diminish the conservation values herein protected; (iii) activities that can be conducted within permitted buildings without material alteration to their external appearance; and (v)activities related to the production, transmission, or treatment of public drinking water. Grantor will use its best efforts to prevent any new trails from being constructed, without prior approval of Grantees, through the five natural communities identified by the Virginia Department of Conservation and Recreation Division of Natural Heritage, and it will ban the use of ATVs (all terrain vehicles) in such areas. 4. MANAGEMENT OF FOREST. It is the intent of the Grantor that the existing woodlands be maintained in their natural state 0 No timbering shall be permitted on the Property other than for: the construction and maintenance of trails, roads, buildings or structures permitted herein; cutting trees which are diseased, or have died naturally; cutting trees that, were they not removed, would present an imminent hazard to human health or safety; removal of exotic or invasive species; and other forest management activities required to protect rare species habitat. 9 Best Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when any forest management activity involving timber harvest or land-clearing activity is undertaken pursuant to the provisions of paragraph 3 aboveo All material timber harve~t activities on the Property shall be guided by a Forest Stewardship Management Plan approved by the Grantees. ("Material timber harvest" shall mean any cutting of trees not associated with the construction and maintenance of trails, roads, buildings or structures permitted hereino) A pre-harvest plan consistent with the Forest Stewardship Management Plan shall be submitted to the Grantees for approval thirty (30) days before beginning any material timber harvest. Objectives of the Forest Stewardship Management Plan shall include protection of water quality and rare species habitat. 5. GRADING, BLASTING, MINING. Grading, blasting or earth removal shall not materially alter the topography of the Property except for (i) wetlands or stream bank restoration pursuant to a government permit, (ii) erosion and sediment control pursuant to a government-required erosion and sediment control plan, or (iii) as required in the construction of permitted trails, buildings, structures, roads, and utilities. Best Management Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall be used to control erosion and protect water quality in such constructiono Grading, blasting or earth removal in excess of one acre for the purposes set forth in subparagraphs (i) through (iii) above require thirty (30) days' prior notice to the Granteeso Generally accepted agricultural activities shall not constitute a material alterationo Surface mining, subsurface mining, dredging on or from the Property, or drilling for oil or gas on the Property are prohibited, except to the extent permitted by leases, licenses, easements, or other legal rights or privileges in the Property recorded before this Easement. 6, ACCUMULATION OF TRASH, Accumulation or dumping of trash, refuse, junk or toxic materials is not permitted on the Property. This restriction shall not prevent generally accepted wildlife management practices on the Property. 7. SIGNS, Display of billboards, signs, or other advertisements is not permitted on or over the Property except to: (i) state the name and/or address of the owners of the Property, (ii) advertise the sale or lease of the Property, (iii) advertise the sale of goods or services produced incidentally to a permitted use of the Property, (iv) provide notice necessary for the protection of the Property, (v) give directions and information to visitors, (vi) recognize historic status or participation in a conservation programo Not including support structures, informational kiosk signs shall not exceed 20 square feet and no signs visible from outside the Property shall exceed nine square feet in size, without the prior approval of Grantees. 8. RIPARIAN BUFFER. To protect water quality, a 100-foot buffer strip shall be maintained in forest or be permitted to revegetate naturally along each edge of all perennial streams on the Property as shown as solid lines on the Daleville, Catawba, Roanoke, and Salem USGS Topographic Quadrangle Maps, as measured from the tops of the banks of the individual streams. Within this buffer strip tl}.ere shall be (a) no buildings or other substantial structures constructed, (b) no storage of compost, manure, fertilizers, chemicals, machinery or equipment, ( c) no removal of trees except removal of invasive species or removal of dead, diseased or dying trees or trees posing an imminent human health or safety hazard, or as may be required for trail construction, and (d) no cultivation or other earth-disturbing activity, except as may be reasonably necessary for (i) wetland or stream bank restoration, or erosion control, pursuant to a government permit, (ii) fencing along or within the buffer area; (iii) construction and maintenance of stream crossings that do not obstruct water flow, and (iv) creation and maintenance of foot or horse trails with unimproved surfaces. Limited mowing to control non-native species or protect trees and other plants planted in forested buffers is permitted. There shall be no grazing of livestock in the buffer strips. SECTION III - ENFORCEMENT 1. RIGHT OF INSPECTION. Representatives of Grantees may enter the Property from time to time for purposes of inspection (including photographic documentation of the condition of the Property) and enforcement of the terms of this Easement after permission from or reasonable notice to the Grantor or the Grantor's representative, provided, however, that in the event of an emergency, entrance may be made to prevent, terminate or mitigate a potential violation of these restrictions with notice to Grantor or Grantor's representative being given at the earliest practicable time. 20 ENFORCEMENT. Grantees have the right to bring an action at law or in equity to enforce the Restrictions contained herein. This right specifically includes the right to require restoration of the Property to a condition of compliance with the terms of this Easement as existed on the date of the gift of the Easement, except to the extent such condition thereafter changed in a manner consistent with the Restrictions; to recover any damages arising from non-compliance; and to enjoin non-compliance by ex parte temporary or permanent injunction. If the court determines that Grantor failed to comply with this Easement, Grantor shall reimburse Grantees for any reasonable costs of enforcement, including costs of restoration, court costs and attorney's fees, in addition to any other payments ordered by the court. Grantees' delay shall not waive or forfeit its right to take such action as may be necessary to insure compliance with this Easement, and Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act by Grantees. Notwithstanding any other provision of this Easement, Grantor shall not be responsible or liable for any damage or change to the condition of the Property caused by fire, flood, storm, Act of God, governmental act or other cause outside of Grantor's control or any prudent action 11 taken by Grantor to avoid, abate, prevent or mitigate damage or changes to the Property from such causeso SECTION IV - DOCUMENTATION Documentation retained in the office of Grantees including, but not limited to, the I Baseline Documentation Report ("Documentation Report"), describes the condition and character of the Property at the time of the gift. The Documentation Report may be used to determine compliance with and enforcement of the terms of this Easement; however, the parties are not precluded from using other relevant evidence or information to assist in that determination. Grantor has made available to Grantees, prior to donating this Easement, documentation sufficient to establish the condition of the Property at the time of the gifto The parties hereby acknowledge that the Documentation Report contained in the files of Grantees is an accurate representation of the Propertyo SECTION V - GENERAL PROVISIONS 1. DURATION. This Easement shall be perpetual. It is an easement in gross that runs with the land as an incorporeal interest in the Property. The covenants, terms, conditions and restrictions contained in this Easement are binding upon, and inure to the benefit of, the parties hereto and their successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor's rights and obligations under this Easement terminate upon proper transfer of Grantor's interest in the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 2. PUBLIC ACCESS. Although this Easement will benefit the public as described above, nothing herein shall be construed to convey to the public a right of access to, or use of the Property. Grantor retains the exclusive right to control such access and use, subject to the terms hereof. 30 TITLE. Grantor covenants and warrants that Grantor has good title to the Property, that Grantor has all right and authority to grant and convey this Easement and that the Property is free and clear of all encumbrances (other than utility and access easements, and other conditions and easements of record) including, but not limited to, any mortgages not subordinated to this Easement. 4. ACCEPTANCE. Acceptance of this conveyance by Grantees is authorized by Virginia Code Sections 10.1-1801 and 10.1-1010 and is evidenced by the signature of a Deputy Director of VOF, by authority granted by its Board of Trustees and by the signature of Executive Director of WVLT by authority granted by its Board of Trustees. 5. INTERACTION WITH OTHER LAWS. This Easement does not permit any use of the Property which is otherwise prohibited by federal, state, or local law or regulation. Neither the Property, nor any portion of it, shall be included as part of 12 the gross area of other property not subject to this Easement for the purposes of determining density, lot coverage or open-space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building densityo No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other property pursuant to a transferable develqpment rights scheme, cluster development arrangement or otherwise. 60 CONSTRUCTION. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to affect the purposes of the Easement and the policy and purposes of Grantees. If any provision of this Easement is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. Notwithstanding the foregoing, lawful acts or uses not expressly prohibited by this Easement are permitted on the Property. 7. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. This Easement shall be referenced by deed book and page number, instrument number or other appropriate reference in any deed or other instrument conveying any interest in the Propertyo 8. NOTICE TO GRANTEES. Grantor agrees to notify Grantees in writing (i) before exercising any reserved right that Grantor believes may have an adverse effect on the conservation or open-space values or interests associated with the Property; and (ii) at or prior to closing on any inter vivos transfer, other than a deed of trust or mortgage, of all or any part of the Property. 9. MERGER. Grantor and Grantees agree that in the event that Grantees, or either of them, acquire a fee interest in the Property, this Easement shall not merge into the fee interest, but shall survive the deed and continue to encumber the Property. 10. ASSIGNMENT BY GRANTEES 0 Grantees may not transfer or convey this Easement unless Grantees condition such transfer or conveyance on the requirement that (1) all restrictions and conservation purposes set forth in this Easement are to be continued in perpetuity and (2) the transferee then qualifies as an eligible donee as defined in Section 170(h)(3) of the IRC as amended and the applicable Treasury Regulations. 11. GRANTEES' PROPERTY RIGHT. Grantor agrees that the donation of this Easement gives rise to a property right, immediately vested in Grantees, with a fair market value that is equal to the proportionate value that the perpetual conservation restriction at the time of the gift bears to the value of the Property as a whole at that timeo 12. EXTINGUISHMENT, CONVERSION, DIVERSION. Grantor and Grantees intend that this Easement be perpetual and acknowledge that no part of the 13 Property may be converted or diverted from its open-space use except in compliance with the provisions of Section 1001-1704 of the Open-Space Land Act which does not permit extinguishment of open-space easements or loss of open spaceo Nevertheless, should an attempt be made to extinguish this Easement, such extinguishment can be made only by judicial proceedings and only if in compl,iance with Section 1001-1704. 130 VESTED RIGHTS. Nothing in this easement shall restrict or infringe upon any existing lease, license, easement, or other legal right or privilege in the Property reserved by, or granted by the Grantor to, either express or implied, any third part Yo In addition, this easement shall be subject to all covenants, easements, encumbrances or other restrictions of record. 14. AMENDMENT. Grantees and Grantor may amend this Easement to enhance the Property's conservation values or add to the restricted property, provided that no amendment shall affect this Easement's perpetual duration or reduce the Property's conservation values. No amendment shall be effective unless documented in a notarized writing executed by Grantees and Grantor and recorded among the land records of the Counties of Roanoke, Virginia, and Botetourt, Virginia. 15. SEVERABILITY. If any provision of this Easement or its application to any person or circumstance is determined by a court of competent jurisdiction to be invalid, the remaining provisions of this Easement shall not be affected thereby. 16. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements,relating to the easement. 17. CONTROLLING LA Wo The interpretation and performance of this Easement shall be governed by the laws of the Commonwealth of Virginia. 18. RECORDINGo This Easement shall be recorded in the land records in the Circuit Court Clerk's Offices of the Counties of Roanoke, Virginia, and Botetourt, Virginia, and Grantees may re-record it any time as may be required to preserve its rights under this Easement. WITNESS the following signatures and seals: [Counterpart signature pages follow] 14 CITY OF ROANOKE, Grantor, By: City Manager I COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this _ day of , 2008, by My commission expires: Notary Public Reg. No. 15 Accepted: VIRGINIA OUTDOORS FOUNDATION, By: Printed Name and Title COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this _ day of , 2008, by My commission expires: Notary Public Reg. Noo 16 "- Accepted: WESTERN VIRGINIA LAND TRUST, INCo By: Printed Name and Title COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this _ day of , 2008, by My commission expires: Notary Public Rego No. 17 Schedule A Carvins Cove Natural Reserve (11,363 acres, more or less) Botetourt/County Property consisting of 122.88 acres, more or less, conveyed to the City of Roanoke by deed dated November 26, 1938, from R. K. Rector and Pearl Rector, N. J. Patsel, Jr., and Mountain Trust Bank, executors under the will of M. J. Patsel, and Clara L. Patsel, recorded in Deed Book 88, page 390, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 160.7 acres, more or less, conveyed to the City of Roanoke by deed dated March 24, 1939, from James M. Padgett and Leona J. Padgett, and Sallie E. Padgett, recorded in Deed Book 88, page 538, in the Clerk's Office ofthe Circuit Court of Botetourt County. Property in an unstated amount conveyed to the City of Roanoke, Virginia, for road relocation purposes by deed dated March 24, 1939, from Sallie E. Padgett, recorded in Deed Book 88, page 539, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 104 acres, more or less, conveyed to the City of Roanoke by deed dated April 1, 1940, from Minnie Reedy and E. F. Reedy, recorded in Deed Book 90, page 102, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 111.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated June 5, 1942, from James Crawford and Agnes Crawford, Coleman Crawford and Lillie Crawford, Herman W. Crawford and Hazeltine Crawford, Myrtle Conn and Percy Conn, Carlie Waldon, Clara Lee Goad and James C. Goad, and S. C. Crawford, recorded in Deed Book 92, page 228, in the Clerk's Office of the Circuit Court of Botetourt County. Property believed to consist of 113 acres, more or less (but not stated in the deed), conveyed to the City of Roanoke, Virginia, by deed dated June 5, 1942, from B. M. Haislip, widow, recorded in Deed Book 92, page 173, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 155 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated June 17, 1942, from Lena Evelyn Pollard, recorded in Deed Book 92, page 189, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 154 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated July 1, 1942, by Austin F. Stanley and Annie May Stanley, recorded in Deed Book 92, page 223, in the Clerk's Office of the Circuit Court of Botetourt County. Property of an unstated amount conveyed to the City of Roanoke by deed dated June 30, 1942, from Carter B. Oliver and Nettie B. Oliver, recorded in Deed Book 92, page 205, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 162 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated August 14, 1942, from Pearle T. Layman and Retta May Layman, recorded in Deed Book 92, page 253, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 60 acres, more or less, less an unstated amount of property, conveyed to the City of Roanoke, Virginia, by deed dated June 25, 1942, from P. J. Boothe and Pearlie P. Boothe, recorded in Deed Book 92, page 264, in the Clerk's Office of the Circuit Court of Botetourt County. 18 Property of an unstated amount conveyed to the City of Roanoke, Virginia, by deed dated August 1, 1942, from W. S. Hickam, Jr., and Mary Juanita Hickam, recorded in Deed Book 92, page 265, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of all or partial interests in 263 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated September 8, 1942, from Mrs. E. P. Riley, R. L. Riley and Virginia B. Riley, C. C. / ' Riley and Edrie T. Riley, E. P. Riley, Jr., Mary Louise Riley, and Celia A. Riley, recorded in Deed Book 92, page 295, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 35 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated August 28, 1942, from Lester Gusler and Ollie Gusler, Gladys Lee and William Lee, Louvinia Riley and Lyle Riley, Cassie Riley and Clarence Riley, Elva Lyle and Fred Lyle, Marie Tullis and Ralph Tullis, and J. H. Gusler, recorded in Deed Book 92, page 300, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 88 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated August 28, 1942, from J. H. Gusler and Mary L. Gusler, recorded in Deed Book 92, page 301, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 2.45 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated October 5, 1942, from Mrs. Dola Wellons and William T. Wellons, recorded in Deed Book 92, page 321, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 276 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated October 22, 1942, from R. T. Trout and Effie 1. Trout, recorded in Deed Book 92, page 350, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 24.25 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated October 27, 1942, from Grover C. Riley and Myrtle V. Riley, recorded in Deed Book 92, page 367, in the Clerk's Office ofthe Circuit Court of Botetourt County. Property consisting of 10 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated November 24, 1942, from H. W. Belcher and Clara B. Belcher, recorded in Deed Book 92, page 403, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 1,088.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated December 8. 1942, from L. E. Hurt, Jr., special commissioner, W. S. Murray, Jr., and Corinne M. Murray, Louise M. Spigle and Moyer Spigle, Flora M. Showalter and Fred Showalter, Loula O. Rowland, Mary P. Murray and G. P. Murray, Lawrence P. Murray and Della B. Murray, Ruby M. Halsey and Kyle Halsey, Ola M. Hurt and John O. Hurt, Floella M. Dove and Charles S. Dove, G. W. Murray and Vilus S. Murray, Lucy M. Williams and Warner C. Williams, in their own right and as the heirs ofD. W. Patterson and W. S. Murray, recorded in Deed Book 92, page 404, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 132.25 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated January 28, 1943, from S. L. Fellers, special commissioner in the chancery cause of W. E. Riley, et al. v. James S. Crawford, et al., recorded in Deed Book 92, page 463, in the Clerk's Office ofthe Circuit Court of Botetourt County. Property consisting of 920 acres in the aggregate, more or less, acquired by the City of Roanoke' by a condemnation decree entered March 31, 1943, from O.L. Dogan, O. L. Dogan and Ora May Mullins, M. C. Dogan, W. R. Gussler, Mary Lollis Coldfelter (nee Mary Lollis), Elsie M. Lavender, Oscar Gowens, Lewis E. Gowens and Frank L. Cochran, C. G. Wade and R. L. Little, Sallie Padgett, M. M. Sullivan and Lurah Fagg, S. C. Dogan, 1. W. Currie, Cecil Riley, Butram Riley and P. T. Layman, Trustees for Missionary 19 Baptist Church and Methodist Episcopal Church, and L. L. Riley, recorded in Deed Book 92, page 534, in the Clerk's Office of the Circuit Court of Botetourt County. Certain rights to lay water lines granted to the City of Roanoke by Hollins College Corporation by deed dated December 11, 1944, recorded in Deed Book 94, page 364, in the Clerk's Office ofthe Circuit Court of Botetourt County. Property consistfug of 2345 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated December 17, 1986, from George B. Lawson, JI. and Helen M. Lawson, Julia L. Goodridge, and Katherine V. Lawson, recorded in Deed Book 326, page 55, in the Clerk's Office of the Circuit Court of Botetourt County. 20 Roanoke County Property consisting of 72.61 acres, more or less, conveyed to the City of Roanoke by Franklin Real Estate Company, a Pennsylvania corporation, by deed dated April 6, 1972, recorded in Deed Book 941, page 116, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of273.673 acres, more or less, conveyed to the City of Roanoke by deed dated October 10, 1973, from M. S. Thomas, recorded in Deed Book 983, page 113, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 12.175 acres, more or less, conveyed to the City of Roanoke by deed dated August 19, 1976, from Claude A. Weaver and Hazel S. Weaver, recorded in Deed Book 1048, page 130, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 35.435 acres, more or less, conveyed to the City of Roanoke by deed dated January 14, 1977, from L. F. Stultz and Lucille H. Stultz, recorded in Deed Book 1056, page 809, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 189.3 acres [?], more or less, conveyed to the City of Roanoke by deed dated August 27, 1981, from Mason H. Littreal and Elizabeth N. Littreal, recorded in Deed Book 1174, page 687, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 6.385 acres, more or less, conveyed to the City of Roanoke by deed dated May 23, 1995, from Major Motor Inns, Inc., recorded in Deed Book 1475, page 119, in the Clerk's Office of the Circuit Court of Roanoke County. 21 Botetourt and Roanoke Counties Property consisting of a total of 7,573.20 acres, more or less, acquired from Roanoke Water Works Company. The report of commissioners and order entered April 28, 1938, confirming title in the City of Roanoke, Virginia, are recorded in Deed Book 254, pages 234 and 235, in the Clerk's Office of the Circuit Court of Roanoke County. I Property consisting of 157.93 acres, more or less, conveyed to the City of Roanoke by deed dated July 15, 1969, from Greater Roanoke Valley Development Foundation, recorded in Deed Book 879, page 539, in the Clerk's Office of the Circuit Court of Roanoke County, and in Deed Book 187, page 399, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 415 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated February 24, 1983, from M & L Hunt Club, recorded in Deed Book 1190, page 922, in the Clerk's Office of the Circuit Court of Roanoke County, and in Deed Book 282, page 522, in the Clerk's Office of the Circuit Court of Botetourt County. LESS AND EXCEPT 1,017.2 acres below the 1,200 foot elevation contour, including the reservoir, which were conveyed by the City to the Western Virginia Water Authority, by deeds dated July 1, 2004, recorded as Instrument No. 200412335, in the Clerk's Office of the Circuit Court of Roanoke County, and as Instrument No. 040004622, in the Clerk's Office of the Circuit Court of Botetourt County. This conveyance is subject to existing easements for public roads and highways, public utilities, railroads and pipe lines; also subject to any recorded or outstanding oil, gas, and mineral rights in third parties; and is also subject to all recorded conditions and restrictions and to any easements that have been established by recordation or by prescription. This conveyance is specifically subject to easements conveyed to the United States of America by deeds recorded in Deed Book 1595, page 1255, (consisting of 827.31 acres) and in Deed Book 0000, page 0011, (consisting of approximately 45.85 acres) in the Clerk's Office of the County of Botetourt, for the Appalachian National Scenic Trail. This conveyance is subject to an unrecorded Pipeline License agreement by and between the City of Roanoke and Roanoke Gas Company dated July 12, 1996, noted on a plat recorded in Plat Book 21, pages 87-97, in the Clerk's Office of the County of Botetourt. The attorney who prepared this schedule has not performed a title examination and makes no title guarantee or representation thereto. 22 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- OFFICE OF ECONOMIC DEVELOPMENT 111 FRANKLIN PLAZA STE 200 ROANOKE VA 24011 REFERENCE: 80084300 10827521 WVLT Conservation Ea State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~L~day of April 2008. Witness my hand and official seal. _D,/~.,u:I/~__1-__~Notary Public MY~~~~~~~:t~es _/~~~l--c:lI/IL . PUBLISHED ON: 04/11 TOTAL COST: FILED ON: 192.00 04/16/08 I I I I I I I I I I I I IINOTlCE OF-PUBLIC - II ~' HEARING -:.-: I I 11'he City of Roanoke I' proposes to grant a k conservation easement to /1.,th,eVirglnla Outdoors !',F.oundatlO, n and the wester,n I Virginia Land Trust covering ~approximately 6,185 acres I at.the Carvlns Cove Natural q Reserve. The easeme~t I ~a consists of all the portion of ,':Jtlle,Reserve owne~_by_the I I I I I I I I I I I I I I I I I I I / I r City that is above the 1,500 , foot elevation contour line as ; depicted on the Daleville, ! Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps, Pursuant to the requirements of ~~15.2-1800 and 15.2-1813, Code of Virginia (1950) as amended, notice Is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at Its regular meeting to be held on Monday, April 21, 2008, commencing at 7:00 p.m., I.n the Council Chambers, 4th Floor, Noel C. .Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. 'Further Information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541.., Citizens shall have the , opportunity to be ~eard and express their opinions on said matter. If you are a person with a disability who needs ac'commodations for this hearing, please contact the I City C,lerk's Office at (540, ) I 853-2541, before 12:00 noon on Thursday, April 17, 2008. . GIVEN under my'hand this' 8th day of April, 2008. I ' Stephanle'M. Moon, , City Cler] 1(10827521) \ Authorized ~.... 4 Signature'~~,jV____ "- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- 'lling Services Representative ,~~~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust covering approximately 6,185 acres at the Carvins Cove Natural Reserve. The easement consists of all the portion of the Reserve owned by the City that is above the 1,500 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps. Pursuant to the requirements of 9915.2-1800 and 15.2-1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, April 21, 2008, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office ofthe City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, April 17, 2008. GIVEN under my hand this-B.1:JLday of April ,2008. Stephanie M. Moon City Clerk I 'i ' .~ ~"1 L '~''; .~. . '-., ' K:\Carvins Cove\public hearing notice for conversation easement.doc Notice to Publisher: Publish in the Roanoke Times on Friday, April 11, 2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S, W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Brian Brown Economic Development Administrator 111 Franklin Plaza, Suite 200 Roanoke, Virginia 24011 (540) 853-2715 K:\Noticcs\2008\April 08\n - VOF WVLT conversation easement.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 STEPHANIE M. MOON, CMC City Clerk April 22, 2008 SHEILA N, HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38066-042108 authorizing the vacation of a drainage easement on property identified as Official Tax Map ,No. 6520106, located on Thirlane Road and owned by Farmer's Warehouse, Inc., 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 21,2008, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC City Clerk SM M:ew Attachment / pc: 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 D~G IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38066-042108. AN ORDINANCE authorizing the vacation of a drainage easement, on property identified as Tax Map No. 6520106, located on Thirlane Road, and owned by Farmer's Warehouse, Inc., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on Api-iI21, 2008, pursuant to ~~ 15.2-1800 { (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to vacate the drainage easement on property identified as Tax Map No. 6520106, located on Thirlane J Road, and owned by Farmer's Warehouse,' Inc., upon the terms and conditions set forth in the City Manager's letter and attached to this Council dated Apri121, 2008. , 2. Pursuant to Section 12 ofthe City Charter, the second readingofthis ordinance by title is hereby dispensed with, ATTEST: P1.~ 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 21 c, 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: Vacation of Public Drainage Easement on Property Identified As Tax Map Number 6520106 for Construct- ion of a PODS Storage Center Background: The City of Roanoke proposes to vacate a public drainage easement on property identified as Tax Map No. 6520106, located on Thirlane Road and owned by Farmers Warehouse, Inc. The vacation is necessary to meet setbacks for the 1-1 district for construction of a PODS Storage Center. (see attached plat) The City has determined the drainage easement is no longer needed. Recommended Action: Authorize the City Manager to execute the appropriate document vacating the public easement as described above, such document to be approved as to form by the City Attorney. Honorable Mayor and Members of City Council April 21, 2008 Page 2 Respectfully submitted, Darlene L. Bu cham City Manager DLB:lb Attachments 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 CMOB-00055 ~ tt1 , ~ , J :i;;! ti:l ~ I ...... ~ i' ;1 ~ " 'l ~! !! " I' i :I I ~ I ~ I ~ ~ I, I ~ ~ [' ~ , 1 lJf;J _ ~ 11 ~~ CD z r; ~ 3 ? :j ; g ~ 0 _ _.-----::: --=.- :J - -- .9 ~--- _-----...... il ~::.:--- _----::-~--....__.... / -~</ =:~, ::.~~~'<'^ "7\ / ".",',.,'",."",",',',.,"",.,',',.,','.',,'" / ii, '?'>~~~~~Q~;3~~I~~k~t~<f) '/ / / .- / "i''{{~~!YJ / /j/f) / ., ,,/'/ / ' " / ~ / /! / ~ V' \ 1 \ / / / / / ! ------- ~ ~ s iiRi ~:< ~ ~u ~ ~ ~ii 31 ;3~~ Bf;; ti~.. i ~ ~~ ; ~ ;; -<I> 0 3~ ~ JlJ i ~~ ~ B~ ~ II ~ ~ ~ i ~ ~ ~ ~~ ~~ ~~~~ n::a ('j;J ....nlll~ ~~ ~~ ~&gli Co~ Co~ mCo'~ .. ~ S; ~ ~ Co ~ ~ "~ ~ ~ a ? ~t; ~i ~ ~8 !(l~ :~ :~ ~_~ ~8 :;8 8; ~; !(l~ !Cj> ~ z . ~ 0 . io io ! : ~-' ~ ~f~ ~" ~~~ ~....~ ~!~ ~~ l! ~~ ;g~ O~!'1.~ ~~ ~~ ~~ ~~ ;g S'~ g" 9!1; g" ~8 ~ii e~ ~~ ~g ~!(l ~;l ;r~ [:l ~ ~ in I .. ~ ~ I 8 ~~;~ 1; ~.." ~nB i ~ ~ ~ ~~ ~ ~ ~ ~ ~~ c ~ ~~ ~ ~ ~ FARMERS WAREHOUSE, INC. Illl!! 'Ill ml! liP ~irii HIII~ l!ill !ii! WiJ 1111 !.!i U. 'Ii f 'Ill iil I Ill! .~ii .. [ II i I i "Iii iii I . DIMENSIONAL PLAN ROANOKE CITY, VIRGINIA 321J 8K1629P8 00801 TIU S DEED AND DEED OF EASE/.lt:NT, made th 1 s ...ll.t:!L day of September ,1990, by and b~tween COVA CORPORATION, a Virginia corporation, GRANTOR, and the CITY OF ROANOKE, VIRGINIA, a mu'l1- cipal co~poration organi~ed under the laws of the Co~mon~ealth of Virginia, GRANTEE, ! ! 1:. !i f ,[ ,[ f 1:. !!.: THAT, FOR ANO IN CONSIDERATION of th~ sum of ONE DOLLAR ($1.00), paid by Grantee to Grantor and of the benefits to accrue .to Grantor fro~ Grantee's construction of certain public improve- ments vo'ith respect to Crantor's renl estate. Grantor does hereby t' DONATE, GRANT and DEDICATE to Grantee, .tith General warranty and',; EngliSh covenants cf title, the following described right-of-way, ~ogethar with a perpetual drainage easement and temporary slope eanement for public purposes, including constructing and i~stnlling and thereafter m&intaining, operating, relayin~ aDd, if necnssary, replacing ~ drain~ge system with all necessary 'appurtenances thereto, and do hereby assign, transfer and set 'over any and all right, title and interest they may have in and to said existing or future public drainage ~ystem facilities and all necessary appurtenances thereto, said right of way and ease- ~ent8 being over and through certain real estate lying in the City of Roanok~, Virginia, and described as follows: Bt<1629PG 00802 That certain n~w right-or-way, ne~ draina~e easements, and new temporary slope casement described on "Plat Showing New Right-of-Way, New DrainageE~sements & New Temporary Slope Easement Being Granted by Cova Corporation to City of Roanoke, Virginia Situated Along Thirlane Road, Roanoke, Virginia," prepared by Lumsden Associates, P.C., Engineers - Surveyors - PlAnners, dated February 12, 1990, a copy of which is a~tached hereto and incor- por~ted by referonce herein, and BEING a portion of the seme property conveyed to Grantor by deed from Sovran Bank, N.A., Executor of the Estate of William ~. Jarrett, deceased, et al., dlltdd August 17, 19BD, of record in Roanoke City Deed Book 1607, page 1268. Recordation of this deed constitutes Grantee's acceptance of the dedication of the grant of this conveyance. Grantee is a city which is exempt pursuRnt to the provisions of S58.. JllA(3) of the Code of Virginia (1950), as amended, from p~yment of. recordation taxes, WITNESS the fallowing signatures and sORIs: : .' .~t ;1' ATTEST: COVA CORPCRAT1ON "." ,-.:.:,.':.;'. ;' a Vlrg' nill Cor~:t';.j1.~ .:: " ""111 '.f ~ I '..... :. By ""~4.J~ ...,..' " ':./1 ts V (~, 1~t1'- K~tV tv~ 1\':' IS 'j i ~~,u< " ~111 - ? - BK1629PG 00803 {.oN 1J~"TI(.l..T STATE OF IIIHCINI-l\ ~ ~ ~ Cv'" 1\>, 'i err:. t- 1\ .j l.. t:.!,i.L...jj , The foregoin~ instrlJllent '4'as ack::lOWledgE'd before ~e this bnb day of D(-td~_, 199(1, !:'y ~CU\\"',. \ J.~..J~'icJ<'/..,)O<.>!i-_. the -lli..c.<. ~("'<'IL,...J;... _ 01 COVA COHPO IITI'JN, a Virl;ln1a corporat1on. My Commission E'xplre!:>: 11a...r~ 3.1. l'i 5 '.:J.-- . ~~~::~~ ~ Notl'.ry Pl.ulic ',,, , '''': '=' REGINA CHOUc~.\ ~ " i NOTARr,.,.UC\ "'. ,.", ~y ClNIJ ~l'D!A1SMAlOl :11.1815 . - 3 - - A ~.K.1..6 Z 9 PO -..-----------.. -M~tA.'I;;A} 1-;;----::--2 New (),:.~~tll.:;te cAt3fMENT td.f1. ( Pci, 97tJ Tl6"'=-CJ){i)tuME;fl:~'/I''t7. ~/Nt . ~ I HH;"; A' nil~' \ ~tJ(,y r./I,llf;CHO.: .~.,W ~ FJr.1i ,/lQ''t4'03'W .~~ \ @-Q)H7'3~'%"W;~Q.lt' ~~'~ '~\!I (3) 4 N ~?''e'/'4''''!; '&5:"Q' h. ~ Q.. ~ ~ - 4) ~) ~ """3"?',4.C i U.IO' ~<.:> ~ N~w Ii 'Z ~34'.~O'4?4W; I}O.3/' ~~ OPAINAtikGJ ~ '\,.) fA~~M~NT (.,~~~'l 10 Hr;p,~~ J ' , ------ _______ ~-.' "') 0, . 11' THIP,/ AN6 PiOAO H VA.~~~,"'~lt.'179,.q" ~ flr;. /..C!. 0~ l~ ).:/ ~ .;.o1'~'l'wr - 't4/.~~' ARVU4.Q' f1A." . 1~~ ~~~" ',~ &~Ml.: (Ne w 1?P.(~/NA6~ ~A~~McNT J ... _ ,,1~:'~"'~,~,<~~ ~~f(&) - - - --- -~~:; ~-; (0-- -----~~~: ~ P>I :;',~~ ~ ttJVA tOf{F~(J,~7/0N ~~.. "4;14' :.;'a> loA ~ I p~ 87'f ~~ ~~84 ..r. N~w A/GIlT OF l'IAYj q.", :''';'~'' n.~.iG17 F4.1?14 ~~ @@ &u~V~;tJ1QIi'~~'lr' "/<:~/;>r . , ,/ fl:1j4"U~jA'1j1.'W ~;"~"'.'RI/O':47,W .Q-'~'/ '7,'O~ ~F. r':b.49'~~O:,7'l',?r' 1-~'~~V 'rjO New ()P.AINAuc ~A?fM~NT - ,""11.- ? 1'1 49 4~ e "'- J?' ,.' 0'VG' CURVe' A: 7'/O'Or (si'<ii/ t:; n'''1'48''W ; lje,G6' '_'?:. _" / \!!j~1 R' -9~7. q6 '; A '~IU4' @(f) H~~'Q~'WCj He~' T: U.~~':&HfJ.' 6MO' fj'vAj ClIPVt. tJl 't1'47'4,&' ~ _ PJf;3,' H.'t7'/~"6 'L-,,\:, IHo~.oe"A'3g.&,' @)(i!.) "OI'n'/~Ne j "Z4t.'" T: ,'t.''>;CHo.. ~a,(,o' @)-(!) CUR V!; d' I'I'~:'~ I;IlG.;N"i:4"li ~4"e R:1j1l1.'l~';A:'ZP4.(J()' T ~ IOUO'; tHa: 'U~.~I' ~f/O,: ~II' U'".e- Q)-@ Ii .8''i1'~8'W; 74/If' Q0--(D ,., 1(,'~D'f8.W; 78.9'" l'LAT SHClWING <D-@ N4'4~'~~NW: 1116.n' NEW RIGHT-OF-WAY. @-@ N?'~q'3D'W; ~11.n' NEW DR^ I NAC: EASEMENTS (ff)-@ N eO' ~ 7'4~"'; '1, ~9' NEW TEMPORARY SLOPE EASEME"T t,o? ~.t,,,'~w TeMP. ~LC'rE G~MT. W C(JlWe;A'o,'~o;;",~" R' M~. c" A' f,J.60' l' 1.1D'; &HC: 14.'0' "~'.' '! Wfl;'~q'5 @@ t;18'l)q"~o"ei47.e?-' <D@ ClIltve; ta, 01' 'nTf' f.',47,q~'; A'/M~' T'M~';CI/Q"'MIj' ~I-IG.: ~Otf'4"OO"6 @(i) ~SO' I; 7'.u " W;1f1,'e'" 00 Nl~'17'3t;..W; 11.(,9" @-@ N?'Z''''''46'':; "ZO,7e' PLAN NO, 6134-P AP?ROVEO:Y) ~JP... ~I~ ...t1M.. ZI, /9'10 DATE 7(<ACT II Z MATIH")A H.1MAOI/1/4W. TRLJHEe ~ r A{,~ a.. MAMA~ET J. MORR'~ e T A~~ Q.7tJ M.~. / PII, (1 -, . BEING GRANTED BY caVA CORPORATION TO CITY OF ROANOKE,. VIRGINIA SITUATt:D ALONe; THIRLAN1:: RoAD ROANOK1::, VIRGINIA SCALE: I":: 1 0 0 · DATE: 12 FEBRUARY LUMSDEN ASSOCIATI!S, P. c. ENGINEERS.!)UAVEYOAS.PlANNEns ROAh'OKII!. VIRCINI. ~M1... The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- OFFICE OF ECONOMIC DEVELOPMENT 111 FRANKLIN PLAZA STE 200 ROANOKE VA 24011 REFERENCE: 80084300 10828631 State of Virginia City of Roanoke Thirlane Road vacate 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 I I I I I I I I-- I NOTICE OFPUBLlC I HEARING I The Council of the City of! Roan'oke will hold a' public heai,ing on Monday, April 21, I , 2008, at 7:00 p,m., or asl' so,gn thereafter as the, matter may be heard, In the, Council Chamber, .fourth I f1por, in the Noel C. Taylor: Municipal Building, 215 I C:hurch Avenue, S.W.,I '~R oa no ke, Vi rgl n I a, to I _consider the following: I Requestfrom Farmer'sl Warehouse, Inc., owner of. Tax, Map No. 6520106'1 located at 3726 Thirlane I ~R6ad to the City of Roanoke I to vacate a City drainage , 'easement running along Its : property. ,I I~~,~I! parties In Interest and I "t~I!!z.ens may appear on the I I above date and be heard on thej',matter. If you are a' -person with a disability who I needs accom modations for i \ this hearing, please contact, . ,tM City Clerk's Office, at I' '18,53:, 2541, before noon on ,Thursday, April 17, 2008 be.fore the date of the - hearing listed above, .I GIVEN under my hand this I' 8th day of April, 2008. Stephanie M. Moon, CMC I -." City Clerk. 1 C?~c'. ! (10828631) I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~L~_day of April 2008. Witness my hand and official seal. _0~!-4.~-i:_~_~_ Notary Public M~~~=r:;~X .;;xpires _-LL~~L__02..&L____. ~ot<l ~ ~;L PUBLISHED ON: 04/11 TOTAL COST: FILED ON: 135.00 04/16/08 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized v:"'f .. A Signature:__ ~~_ Billing Services Representative 0;0 NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, April 21 ,2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Farmer's Warehouse, Inc., owner of Tax Map No. 6520106, located at 3726 Thirlane Road to the City of Roanoke to vacate a City drainage easement running along its property. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Thursday, April 17, 2008 before the date of the hearing listed above. GIVEN under my hand this 8th day of April ,2008, Stephanie M, Moon, CMC City Clerk. I";.J. ,... "0" Notice to Publisher: Publish in the Roanoke Times on Friday, April 11, 2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Brian Brown Economic Development Administrator 111 Franklin Plaza, Suite 200 Roanoke, Virginia 24011 (540) 853-2715 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 CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk , April 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38067-042108 authorizing the City Manager to execute the necessary documents providing for the conveyance of City owned property designated as Roanoke County Parcel No. 089.99- 03-35.00-0000, located on Jae Valley Road in Roanoke County. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 2008, and is in full force and effect upon its passage. Sincerely, · (n; ~ Stephanie M. Moon, CMC City Clerk SM M:ew Attachment pc: 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 pflG IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38067-042108. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of City owned property designated as Roanoke County Parcel No. 089.00-03-35.00-0000, located on Jae Valley Road in Roanoke County; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on April 21, 2008, pursuant to ~~15.2-1800(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 of the 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 Sandra R. Reedy of a parcel of City owned property containing approximately 17.29 acres, being Roanoke County Parcel No. 089.00-03-35.00-0000, located on Jae Valley Road in Roanoke County, for the consideration of $40,800, upon the terms and conditions set forth in the City Manager's letter to this Council dated April 21, 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: M. ~. 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 21, 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: Sale of City-Owned Property off Carr Rouse Road in Roanoke County Background: The City of Roanoke owns approximately 12.17 acres of land in Roanoke County, ParcellD # 089.00-03-35.00-0000 located at Jae Valley Road - off Carr Rouse Road. Sandra R. Reedy has leased approximately 7.05 acres of this property as horse grazing pasture for the past four (4) years. The remaining 5.12 acres were once used by the City as a tree farm, but this use has been discontinued. Ms. Reedy has made an offer of $40,800 to purchase the entire site. The amount of the offer is the appraised market value, as determined by an appraisal commissioned by the City. This property is no longer needed by the City and conveying the parcel to Ms. Reedy will relieve the City of any maintenance obligations. Recommended Action: Authorize the City Manager to execute such documents and take such further action as may be necessary to accomplish the above, matter, including execution of a deed of sale, and to complete the sale of the property to Ms. Sandra R. Reedy. All such documents are to be approved as to form by the City Attorney. Honorable Mayor and Members of City Council April 21,2008 Page 2 Respectfully submitted, / / Darlene L. Bur City Manager 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 Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00054 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- OFFICE OF ECONOMIC DEVELOPMENT 111 FRANKLIN PLAZA STE 200 ROANOKE VA 24011 REFERENCE: 80084300 10828654 Jae Valley Road sale State of Virginia City of Roanoke I, (the unders igned) an authori zed representa t i ve of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~inia. Sworn and subscribed before me this QtJ_~day of April 2008. Witness my hand and official seal. ~r~_L_~ Notary Public Mtr~ommission expires __~_~~_~~~~~__' Q~ :'L~ \ (1:6828654) . ~-_. PUBLISHED ON: 04/11 TOTAL COST: FILED ON: 171.00 04/16/08 --------------------------------------------------+------------------------ ...... Authorized ~- ~ Signature'_;l~~~_ ling Services Representative g0-C NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey certain City-owned property to Sandra R. Reedy, designated as Roanoke County Parcel No. 089,00-03-35,00-0000, containing approximately 17.29 acres, located on J ae Valley Road in Roanoke County. Pursuant to the requirements of SS15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, April 21, 2008, commencing at 7:00 p.m" in the Council Chambers, 4th Floor, Noel C, Taylor Municipal Building, 215 Church Avenue, S.W" Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, April 17, 2008, GIVEN under my hand this 8thday of April ,2008. Stephanie M. Moon, CMC City Clerk '-.," Notice public hearing re sale of city property. doc Notice to Publisher: Publish in the Roanoke Times on Friday, April 11, 2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 n - Jae Valley Road sale of city property 4-21-08.doc Send bill to: Brian Brown Economic Development Administrator 111 Franklin Plaza, Suite 200 Roanoke, Virginia 24011 (540) 853-2715 t ., CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 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 May 16, 2008 Ms. Frances Bartkiewicz 181 Berkley Road, N. E. Roanoke, Virginia 24012-6411 Dear Ms. Bartkiewicz: This will acknowledge receipt of your communication received in the City Clerk's Office:on Thursday, May 8, 2008, in reference to the budget cuts in the Fire/EMS Department. Please be assured that copies of your communication were forwarded to the Mayor and Members of Roanoke City Council for their information. Sincerely, Ji,4-L. ; ~"'nI. X Stephanie M. Moon, CMC City Clerk SMM:ew NASH PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS MAY 1, 2008 5:00, P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. 2. The Invocation was delivered by Mayor C. Nelson Harris. 3. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. 4. Statement of Purpose and Procedure. Mayor Harris. NOTICE: , The Public Interviews and Public Hearings this evening are televised live on RVTV Channel 3. The interviews and public hearings will be replayed on Channel 3 on Saturday, May 3, 2008, at 4:00 p.m., and Sunday, May 4, 2008, at 8:00 p.m. All Council meetings are offered with closed captioning for the hearing impaired. 1 5. Interviews: 5:00 p.m. - 5:20 p.m. - 5:40 p.m. - David B. Carson Dolores Y. Johns Lori E. Vaught 6. Recessed. THE COUNCIL MEETING WAS RECESSED UNTIL 7:00 P.M., AT WHICH TIME THE COUNCIL CONDUCTED PUBLIC HEARINGS TO RECEIVE CITIZEN COMMENTS ON THE PROPOSED 2009 FISCAL YEAR BUDGETS FOR THE CITY OF ROANOKE AND HUD FUNDING, REAL PROPERTY TAX LEVIES, AND CITY CODE AMENDMENT TO PROVIDE A FEE FOR ADMINISTRATION OF ALL LAND DISTURBING PERMITS. 2 ROANOKE CITY COUNCIL MAY 1, 2008 7:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order -- Roll Call. (Mayor Harris absent.) 2. Invocation. Vice-Mayor David B. Trinkle. 3. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Trinkle. 4. Statement of Purpose. Vice-Mayor Trinkle. 5. Public Hearings: a. Recommended Fiscal Year 2008-2009 City of Roanoke Budget. b. Recommended 2008-2009 HUD Funding Budget. * * * * * RECESSED * * * * * c. Real property tax levy and tax rate. **** RECONVENED **** d. An amendment to the City Code to provide for a fee of $100.00 plus $50.00 per acre for the administration of all land disturbing permits. 6. Adjourned. 3 Speakers: The Honorable Donald Caldwell, Commonwealth Attorney The Honorable Octavia Johnson, City Sheriff Ms. Pam Forrest-Hurt Mr. Ernest Brown Mr. Jeff Beckner Ms. Craig Sellers Mr. Kent Mclllhany Mr. Scott Hetherington Mr. Doug Rorrer Mr. Rhett Fleitz Mr. Todd Stone Mr. Rodney Jordan Ms. Cheryl Ramsey Ms. Valerie Garner 4 Miscellaneous/ City Council 05/05/08 Blue Ridge Behavioral Healthcare Rita J. Gliniecki Chairman Sheri Bernath Vice Chairman Daniel R. O'Donnell Treasurer Donna H. Henderson Secretary Executive Director Tim Steller April 30, 2008 Darlene L. Burcham, City Manager City of Roanoke 215 Church Avenue SW Roanoke, VA 24016 .Dear Ms. Burcham: I am writing today to offer an endorsement of Dolores Y. Johns, Ed.D. for appointment to the Roanoke City School Board. Members of City Council are already familiar with Dr. Johns in the role of public school administrator. She was Title I Director for the City's schools for many years. The value of her career experience to a body such as the School Board is self-evident. What I would like to emphasize is her value as a consensus builder, peacemaker, reasonable voice of the community, and one who offers the wisdom that comes from embracing a full, rich life. Dr. Johns served three terms on the Board of Directors of Blue Ridge Behavioral Healthcare as a City of Roanoke representative, from April 1997 through December 2004. We hated to let her go, because she was such a valuable contributor to the process of guiding our Agency, sometimes through difficult situations. One doesn't have to spend much time with Dr. Johns to recognize that she reads people quickly and accurately, that she listens, that she thinks before she speaks, and that she is an inherently caring and thoughtful individual. I have no doubt that appointing Dr. Dolores Johns to the Roanoke City School Board would benefit our school system, and reflect the sound judgment City Council wants to exercise in making this important decision. Thank you for your consideration. Sincerely, CXcL ~. .4. ~"u..u~ Rita J. Gliniecki, Chairman, Board of Directors . Blue Ridge Behavioral Healthcare C. Honorable C. Nelson Harris, Mayor ..wr Stephanie Moon, City Clerk Dr. Dolores Johns Executive Offices 3'01 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891 The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke The Roanoke Times Roanoke, Virginia Affidavit of publication 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 Notary Public I fC31r:l.nL~__. i . "","""" . I "", ~cENHP!"" I ...' ~ ....... .....-..,A....', " ,,---. .. .. "'''''.J\.' I ~ ~ ...NOTARY ... ~ -:. :;:::.: PUBLIC \' ~ I ..r-. 2964.*- = *: REG. #33 N:: I : ~ M'f COMMISSIO , i.q: = I ~~.... ~\R ..g;;;: I ~ a . - '"-if. ... ~~~~~ ~~~T' ;:~~;~08 "~1~$~~/ i 0 V {!A ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - -1- - - - -- STEHANIE M. MOON CITY OF ROANOKE - MUNICIPAL BLDG RM ROANOKE VA 24011 CITY CLERK 456 REFERENCE: 10154151 10845195 Notice of Public Hea State of Virginia City of Roanoke I, (the undersigned) an authori zed representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~~~~a. Sworn and subscribed before me this _~_day of April 2008. Witness my hand and official seal. y-:-~ - U1liA-- r:iJr com issio PUBLISHED ON: 04/22 Authorized Signature: , Billing Services Representative . ~~' ---<'"-:---:-, ;NOTICE OF PUBLIC HEARING 'J~" CITY OF ROANOKE ' , f RECOMMENDED 2008-09 BUDGET :ifll iJ!.Hrsuant to Section 15.2-2506, Code _.of, Virginia (1950), as amended, notice. ~i~ hereliy given that on Thursday, lJq 'May 1, 2008 at 7:00 p.m., or as 'doon thereafter as the matter may I tie heard, Roanoke City Council will . hold a special meeting in City Council IChamber, Noel C. Taylor Municipal Building; .215 Church Avenue, SW, Roanoke, 'Virginia, for the purpose ,o~ holding a pUblic hearing on the 'r!locommended 2008-09 City Budget. tAli persons shall be afforded an 'opportunity to speak and state their, ilJi~ws concerning all aspects of lille 'budget within such reasonable' time limits as shall be established Joy City Council. Written comments. COf interested citizens also will be Ireceived by the City Clerk at any time i :prior'to the hearing. " 11r......1~,>}. l!}'.l., "Gql;(lf.l,j I' If,you are a person with a disability' (}VhO needs accommodations for. ,this \public hearing, please contact the City \9ierk's Office, 853-2541, by 10:00 a.m.; \MOnday, April 28, 2008: , , 'Complete copies ot' the recommended budget will be available for public (inspection at the City Clerk's. Office, Room 456, and the City Manager's Office, 'Room 364, located in the Noel C. Taylor " MU, nicipal Building, 215 Church Avenue, SW, and the Main Public Library located at i 7'06 S. Jefferson Street, Roanoke. rihe recommended budget is summarized . ifs follows: ,r!; !AEVENUE ESTIMATES: , General Fund: '=General Property Taxes Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Revenue from Use Money & Property Intergovernmental Revenue State/Federal Owges fa' eurirt Services I Miscellaneous Revenue , - TOTAL - GENERAL FUND. $. ..,:) " 101..584,000 . 74,724,000 1,266,000 1,535,000 784,000 68,716,000 10,763,000 522,000 259.894.000 Proprietary Funds: l., Enterprise Funds: < I Civic Facilities Fund " , Parking Fund ' . . " Market Building Filnd ~ In~ernal Service Funds: . Fleet Management Fund ~ 1 Risk Management Fund ~ 'Technology Fund )t! Isr~::IF~~dnd: $ 148,262,800 RECOMMENDED EXPENDITURES: I General Fund: S Comm~nity Development $ 6,003,395 l fl General Government 13,209,309 P "Health and Welfare 39,754,748 . !fI ~ Judicial Administration 7,998,274 ' }' . . \ -:;, Non-Departmental . 94,483,860 \'Jd Parks, Recreation & Cultural 11,331,766. ) Public Safety ( 61,295,666 Public Works 25.816.982 i,): TOTAL - GENERAL FUND $259,894.000 Ir: rProprietary Funds: !.; Entel'\lrise Funds:' ~ I. Civic Facilities Fund h Parking Fund I Market BUilding Fund I 'internal Service Funds: in'. Fleet Management Fund ")UIRisk Management Fund Technology Fu~d , ')11. . ~Sc'hoOI Fund: r~2~ool Fund $ 148.262.800 ~2 I '''P, \ . .' I \\ . r \ -en under my hand this 22nd day of April, 2008. : 0_~,' StePh~~:n, C~~~tycle~ $ 4.910.100 $ 2.934.960 $ 321.500 . $ 7.779.080 $15,065.188 $ 7.479.328 I . $ .4.910.100 I $ 2.934.960: $ 321.500 $ 7.779,080 $15.305.699 $ 7,479,328 -------- NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED 2008-09 BUDGET Purs~ant to Section 15.2~2506, Code of Virginia (1950), as amended, notice is hereby given that on Thursday, May 1,,2008 at 7:00 p.m., or as soon thereafter as the matter may be heard, Roan6ke' City Council 'will hold a special meeting in City CoUncil Ch.amber, Noel C. Taylor Municip{ll Building; 215 Church Avenue, SW, Roanoke, Virginia, for the purpose of holding a ~\ubliC hearing On the recommended 2008-09 City Budget. All persons' shall be afforded an op?porturii~ to speak and state their views concernirig all aspects of the budget within such reksonable time limits as shall be established by City Council. Written comments of interested citi~ens al~\ will be received by the City Clerk at any time prior to the hearing. If yo~\ are a Rerson with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office, 853-2541, by 10:00 a.m., Monday, April 28, 2008. COmPI~\e cop~s of the recommended budget"will be available for public inspe~tion at the City \ " " , Clerk's Office, Hoom 456, and the City Manager's Office, Room 364, located inthe Noel C. Taylor Municipal\BUildi~9' 215 Church Avenue, SW, and the Main Public Library located at 706 S. Jefferson Street, Roanoke. . . , \' r .' , The recommended\pudget is summarized as follows:, \ \ ., , REVENUE ESifIMATES: . , , Genera~Fund\ Ge\~ral Property Taxes , Other Local\raxes Perrrtits, Fees & Licenses . Fines 'and FoMeitures Reven~e from \use/Money & Property IntergoVernmental Revenue - State/Federal Charges\for Cu~rent Services \ \ ' Miscellaneous Revenue \ \ . . . TOTAL \,ENERAL FUND \opr\etar'l Funds: ~n\erprise Fund~ ~ivic Facilities Fund 101,584,000 74,724,000 1,266,000 1,535,000 784,000 68,716,000 10,763,000 522,000 $259.894.000 rking Fund . , $ 4.910.100 $ 2.934.960 $ 321.500 '.\ Service Funds: ,_____....."'nt I=llnrl\ $ 7.779.080 RECOMMENDED EXPENDITURES: General Fund: Community Development General Government Health and Welfare Judicial Administration Non-Departmental Parks, Recreation & Cultural Public Safety Public Works TOTAL-GENERAL FUND · Enterprise Funds: Civic Facilities Fund, Parking Fund ~arket Building Fund · In~rnal Service Funds: \ . Fleet Management Fund \ , Risk Management Fund \ Tec~nology Fund \ \ School Fund: \SChoJ\FUnd I \ Given Unde~\ my h~\d this 22th day of April, 2008. I I \ \ $ 6,003,395 13,209,309 39,754,748 7,998,274 94,483,860 11,331,766 61,295,666 25,816.982 $259.894.000 $ 4.910.100 $ 2.934.960 $ 321.500 $ 7.779.080 $ 15.305.699 $ 7.479.328 $148.262.800 Stephanie M. Moon, CMC, City Clerk NOTE TO PUBLISHER: Please publish in full once on Tuesday, April 22, 2008 in The Roanoke Times. Proof copy requested. Send to: Lesha VanBuren Executive Secretary 215 Church Avenue, S. W., Room 354 Roanoke, VA 24011 Phone 853-6800 FAX 853-2773 Please place this notice on the same page as the Notice of Proposed Real Property Tax Increase. The ad size should be 1 column x 13.5". Please send publisher's affidavit to: Stephanie M. Moon, CMC, City Clerk Room 456, Municipal Building Roanoke, VA 24011 Please send bill to: Lesha VanBuren Executive Secretary 215 Church Avenue, S. W., .Room 354 Roanoke, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ I I I I I I I I I I I I I I I I I I I , I J I I I I I I I I I I I I \,~~"""I" 'I ,,\ "AcE^, "', " h. \'" '/":., .... 'b,. r' ...... '7~Z" I .. .l ' . . '. <..~ _ ' $ ~/ NOTARy....~..-:. I : " ... PUBUC ". ':P :. I : *: REG. #332964::' I .. . MY COMM : * : : 9. ~. I ISSION .: _ E I ~ ~. .. .. ~ ... I . -:,--~ '. .' ~ ~ TOTAL COST: 395.38 0.' ....;'e'.p;..~..1l ......~~"... I FILED ON: 04/22/08 "';,',..tALfHO~'\\'" I --------------------------------!t~M~~~~~---------+---_____________________ STEHANIE M. MOON CITY OF ROANOKE - MUNICIPAL BLDG RM ROANOKE VA 24011 CITY CLERK 456 REFERENCE; 10154151 10833196 Notice of Public Hea State of Virginia City of Roanoke I, (the' undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following. dates: City/County of Roanoke, Commonwealth/State of virgin~a. Sworn and subscribed before me this ~~ nay of April 2008. Witness my hand and official seal. y: J 1!t M~i~i~~ e pi" , Notary Public ~-34.2-0Jj---- . PUBLISHED ON: 04/22 ~ (f\rC fL-- Authorized~~ Signature'~~~___~_______________________' Billing Service, Repre,entative ,H , NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED.2008-2009 HUD FUNDS BUDGET I Pursuant to 24 CPR 9I.l05, notice is hereby given that on Thursday, May I, 2008, at 7:05 p.m., or as soon thereafter as the matter may be 'heard, the Council of the City of Roanoke, Virginia, will meet in the City Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.w., Roanoke, Virginia, for the purPose of holding a public hearing on the City's proposed 2008-2009 HUD Funds Budget: All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the budget within such reasonable time limits as shall be established by City Council. Written comments of interested persons will be received by the City Clerk at any time prior to the hearing. Complete copies of the Draft 2008-2009 Annual Update to the 2005-2010 Consolidated Plan, which includes the recommended 2008-2009 budget, were made available, for public inspection beginning Wednesday, April 2, 2008, at the City Clerk's Office, Room 456, and the Department of Management and Budget, Room 354, Noel C. Taylor Municipal Building, 215 Church Avenue, SW,~oanoke VA 24011; all City Library locations, including the Law Library; and the Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W. Comments will be accepted in writing through Friday, May,2, 2008, to the Department 'of Neighborhood Services, Room 354, Noel C. Taylor Municipal Building, 215 Church Avenue, , SW, Roanoke VA 24011. . t I The recommended HUD funding budget is as follows: REVENUE ESTIMATES: CDBG 2008-09 Entitlement Grant CDBG 2008-09 Program)ncorne ,CDBG Prior Year Carry-over and Excess Program Income' HOME 2008-09 Entitlement Grant HOME 2008-09 Program Income , 2008-09 Local Funds for HOME Match HOME Prior Year Carry-over and Excess Program Income ESG 2008-09 Entitlement Grant ' TOTAL HUD REVENUE $1,844,422 436;173 150,324 684,386 25,000 92,000 364,357: 81,810 $3,678,472 RECOMMENDED EXPENDITURES: ' Housing Development Neighborhood and Economic Developmeni Human'Services (including Homeless assistance) TOTAL RECOMMENDED EXPENDITURES $2,409,404 849,849 419,219 $3,678,472 .. .! '. " Citizens who desire to speak at the meeting should contact the City Clerk's office at 853-254 L Individuals with a disability needing an accommodation should contact the City Clerk's office'; by April 28, '2008. For further information about the meeting or to comment on or inquirer about the plan, contact the Department of Neighborhood Services at 853-6405. Given under my hand this 22nd day of April 2008. Stephanie M. Moon, City Clerk. I , ___'_*"""- -- ..J I, ;~ . ..0 '.' f. ~-_ . 06<-\O'l l.-\Y\\ NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED 2008-2009 HUD FUNDS BUDGET Pursuant to 24 CFR 91.105, notice is hereby given that on Thursday, May], 2008, at 7:05 p.m., or as soon thereafter as the matter may be heard, the Council of the City of Roanoke, Virginia, will meet in the City Council Chamber in the Noel C. Taylor Municipal Building, 2]5 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing on the City's proposed 2008-2009 HUD Funds Budget. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the budget within such reasonable time limits as shall be established by City Council. Written comments of interested persons will be received by the City Clerk at any time prior to the hearing. Complete copies of the Draft 2008-2009 Annual Update to the 2005-2010 Consolidated Plan, which includes the recommended 2008-2009 budget, were made available for public inspection beginning Wednesday, April 2, 2008, at the City Clerk's Office, Room 456, and the Department of Management and Budget, Room 354, Noel C. Taylor Municipal Building, 2]5 Church Avenue, SW, Roanoke VA 240]]; all City Library locations, including the Law Library; and the Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W. Comments will be accepted in writing through Friday, May 2, 2008, to the Department of Neighborhood Services, Room 354, Noel C. Taylor Municipal Building, 2]5 Church Avenue, SW, Roanoke VA 240] I. The recommended HUD funding budget is as follows: REVENUE ESTIMATES: CDBG 2008-09 Entitlement Grant CDBG 2008-09 Program Income CDBG Prior Year Carry-over and Excess Program Income HOME 2008-09 Entitlement Grant HOME 2008-09 Program Income 2008-09 Local Funds for HOME Match HOME Prior Year Carry-over and Excess Program Income ESG 2008-09 Entitlement Grant TOTAL HUD REVENUE $1,844,422 436, ] 73 ]50,324 684,386 25,000 92,000 364,357 81,810 $3,678,472 RECOMMENDED EXPENDITURES: Housing Development Neighborhood and Economic Development Human Services (including Homeless assistance) TOTAL RECOMMENDED EXPENDITURES $2,409,404 849,849 419.219 $3,678,472 Citizens who desire to speak at the meeting should contact the City Clerk's office at 853-2541. Individuals with a disability needing an accommodation should contact the City Clerk's office by April 28, 2008. For . further information about the meeting or to comment on or inquire about the plan, contact the Department of Neighborhood Services at 853-6405. Given under my hand this 22nd day of April 2008. Stephanie M. Moon, City Clerk. . ~ NOTE TO ROANOKE TIMES: Please publish this notice in the Roanoke Times for one day, Tuesday, April 22, 2008. Publish in full, block style. This notice may not appear in that portion of the newspaper reserved for legal notices and classified advertisements. For questions regarding this notice contact Frank Baratta, Department of Neighborhood Services, 853-6405. Send publisher's affidavit to: Stephanie M. Moon, City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536 Send bill to: Dept. of Neighborhood Services Room 354, Municipal Building 21 5 Church Avenue, S.W. Roanoke, VA 24011-1536 1- - · / ,.~ ~~ NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE Pursuant to Section 58.1-3321, Code of Virginia (1950), as amended, notice is hereby given that the City of Roanoke proposes to increase property tax levies. 1. Assessment Increase: The total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year's total assessed value of real property by 3.04 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $1.15 per $100 of assessed value. This rate will be known as the "lowered tax rate." 3. Effective Rate Increase: The City of Roanoke proposes to adopt a tax rate of $1.19 per $100 of assessed value. The difference between the lowered tax rate and the proposed tax rate would be $.04 per $100, or 3.48 percent. This difference will be known as the "effective tax rate increase." Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total BudQet Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the City of Roanoke will exceed last year's by 3.4 percent. A public hearing on the "effective tax rate increase" will be held on Thursday, May 1, 2008, at 7:10 p.m., or as soon thereafter as the matter may be heard, in City Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia. All persons desiring to be heard shall be accorded an opportunity to present oral testimony within such reasonable time limits as shall be determined by City Council. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office, 853-2541, by 10:00 a.m., Monday, April 28, 2008. Given under my hand this 1 st day of April, 2008. Stephanie M. Moon, CMC, City Clerk . rtJ. NOTE TO PUBLISHER: Please publish in full once on Tuesday, April 1, 2008, in The Roanoke Times. Proof copy requested. Send to: Lesha VanBuren Executive Secretary 215 Church Avenue, S. W., Room 354 Roanoke, VA 24011 Phone 853-6800 FAX 853-2773 Please ensure that this notice is at least the size of one-eighth page of astandard size or a tabloid size newspaper, and that the headline appears in a type no smaller than 18-point. This notice must not be placed in the portion of the newspaper reserved for legal notices and classified advertisements. Please send publisher's affidavit to: Stephanie M. Moon, CMC, City Clerk Room 456, Municipal Building Roanoke, VA 24011 Please send bill to: Lesha VanBuren Executive Secretary 215 Church Avenue, S. W., Room 354 Roanoke,VA 24011 The Roanoke Times Roanoke, Virginia , Affidavit of Publicat~on },4: The Roanoke Times CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH RM 166 ROANOKE VA 24011 REFERENCE: 80076514 10849062 N-Code amendment-lan State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ~as published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia, Sworn and subscribed before me this _~Li~ay of April 2008. Witness my hand and official seal. ~......tL -t~R-- M commission e pires Notary Public ~_~~l+~QJ~___. PUBLISHED ON: 04/24 \\\\\\111/1/1" ,,\\ w-.cENIt "" " ~. .........~-1_ ,~ , T - . . ''7...t\.'' ~ ~~ ..'NOTARY ". 'A-.-=- ... =" . C' -, " : i::: PUBLI '. -:. : :' REG. #332964 ': * : : *: MY COMMISSION : ~ : ;~'" 81RS .:~E ~~-'" ..' ~~ ~'''?i ". ,,' ~, "~O~ .. .. , . ~ ~ ," """ WfAL1't\ ~\\\\,,, "'"11'\\\ TOTAL COST: FILED ON: 156.00 04/24/08 -+- - - -- - -- -- - -- - - - - -- - - --- 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 I I I I I I I I ~ I .' HEARING;~,g < : I The Council oft~~City of I Roanoke will hold 1I public' fhearing on Thuisday,fMay 1 ,2008, at 7:15 p)f,{" or as' [soon therea'fte~r~'s] the matter may be hea'rd'- in' the Council Chamb'er: lfourtti' floor, in the Noel C!5Taylor, Municipal Buifdi'ng, 215' Church Avenue'J'lS1W Ro a n'o ke, Virgi ;':1 a't'o consider the foliowliii(cJ;' " An amendmeht'to!the Code' onhe City or R'oanoke' (1979), as 'a:me'i1d e d ,providing.for a fee'o!' $100.00 plus $50.00 'per acre for the administration of all' land 'di'sTu~ibing: permits. , " - , . A coPy of the"ameH'dment , IS aVllliable for review in the Offl.ce of the-City. Clerk; Room .456, Noel C. Taylo'r ' , Municipal Bu}lding, 215 Church Avenue,'S.W., Roanoke, Virginia. .' , . .AII parties inlinterestland' i Citizens may appe'ar; on the 'abov~dat~ andlbe:heard on the ,malter. If"younare a ; p'erson with a disabilitYlwho ;. needs a~commodations for, : this hearing, please.cOntact ,the City Clerk's\Offic'e' at [ 853-2541, before;noon'on ,the Thursday before,the,date ' of the hearing listed above. ., , GIVEN under my hand this 2,15t day of April,.200S,'I " , Stephanie M. Moon,:CMC {'>:", , . :1,\C!ty,Cle"k. :(108!f906:/):. ,;I:., , 'IIH), ., FJ --------------------------------------------------+------------------------ Authorized' Signature: Billing Services Representative 1~,~ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Thursday, May 1, 2008, at 7: 15 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider the following: An amendment to the Code of the City of Roanoke (1979), as amended, providing for a fee of$100.00 plus $50.00 per acre for the administration of all land disturbing permits. A copy ofthe amendment is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 2lstclay of April ,2008. Stephanie M. Moon, CMC City Clerk. Code amendment-land disturbing fee.doc Notice to Publisher: Publish in the Roanoke Times on Thursday, April 24, 2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Code amendment-land disturbing fee.doc Send bill to: Planning Building & Economic Development 215 Church Avenue, S.W., Room 166 Roanoke, VA 24011 (540) 853-1730 Fax (540) 853-1230 . .:::.~.. .\': 1 ~ .',L:- "', I .: .'~ '< .~:.: .t;.., ~/ ~ ~r' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining the Code oftlle City of Roanoke (1979), as amended, by adding a new subsection (1) to Section 11.1-5, Land disturbing permit requirements, to Chapter 11.1, Erosion and Sediment Control; providing for an effective date; and dispensing \vith the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new subsection (f) to Section 11.1-5, Land disturbing permit requirements, to Chapter 11.1, Erosion and Sediment Control, to read and provide as follows: Sec. 11.1-5. Land disturbing pemlit requirements. (j) The fee for (t land disturbing permit shall be 5100.00 plus $50.00 per acre. 2. This ordinance shall be effective on July 1, 2008. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk O.Adding new subsection to S~cti[)n II.l-:'-land disturbing.do,: May 1, 2008 Sheriff Octavia Johnson's remarks to City Council RE: Budget Cuts Good evening Honorable Mayor Harris and Distinguished members of City Council. I approach council tonight with very serious concerns about the safety and security of the Roanoke City Sheriff's Office, Jail and Court Services. During these trying economic times there are certain areas where budget cuts and eliminated manpower positions are not acceptable. Public safety budgets should be top priority when serving the great citizens of our Star City. I have been asked to cut the Sheriff's Office budget by more than half a million dollars. I have met with the city budget committee and advised the members what I could do to submit an acceptable budget. However, in good conscious I cannot put the members of the Roanoke City Sheriff's Office and the public in an unsafe environment. The professional deputies of the Sheriff's Office and the citizens deserve Roanoke's best. Operating and maintaining one of the largest jails in the state of Virginia requires a budget that provides the staff, the tools to maintain a safe and secure environment. The Virginia Department of Corrections requires that we comply with Life, Health and Safety standards. The Roanoke City Sheriff's Office exceeds those standards. The Roanoke City Jail was the first J ail in the State of Virginia to comply with the American Correctional Association's Fourth Edition Standards. The Roanoke City Jail is accredited through the ACA (American Correctional Association), the NCCHC 1 (National Commission on Correctional Health Care), and the DOC (Department of Corrections), Professional accreditations exemplify the hard work and dedication of the members of the Sheriff's Office. Deputy Sheriffs who are assigned to the jail and court services unit work with violent, unpredictable people. This high risk environment requires diligence, professionalism, and dedication. Retention at the Sheriff's Office will suffer if the deputies are put in jeopardy due to budget restrictions, manpower shortages, and damaged equipment. The budget that I have submitted contains no pork. There is no amount of money that can replace a life, or serious injury to staff because of budget cuts, I was employed with the Sheriff's Office when Deputy Barry Pendry lost his life in the line of duty, Mayor Harris and members of the City Council I have an obligation to the citizens of Roanoke City to provide a safe and secure environment for the public, court services and the jail. I propose that the city absorb the state reduction of $351,990 and that the Sheriff's Office be responsible for the two per cent reduction of $325,702. With respect, I request that you accept this proposal and show the members of the Sheriff's Office, their families, and the citizens of Roanoke that you are standing with us and are committed to Public Safety. 2 To maintain the present level of security with the requested budget reduction would require that we unfund more positions. This would force us to reduce the inmate work crews. We would be forced to reduce the number of federal inmates we house and the number of inmates from other jurisdictions to maintain a safe and secure environment. The loss to the city would be far greater than the cost of maintaining the positions. The garage work crew averages 30 vehicles a day saving the city an estimated $39,000 a year. We estimate the fees from housing federal prisoners in this fiscal year to be $1,438,430 We estimate the fees from housing inmates from other jurisdictions to be at $268,865. 2006-2007 the sheriffs office collected 4 million dollars in revenue from housing federal prisoners and prisoners from other jurisdictions and inmate fees. 3 Request to keep Addison Fitness Gym open for citizens For the past few years, Addison has complied with all the changes the City of Roanoke has placed upon them and has persevered. Because the membership decreased significantly a few years ago, Addison was forced to close at 7pm, while the remaining 3 gyms stayed open until 8pm. In August of 2005, a Boot Camp class was started to help people lose weight and get in shape. This class has brought a tremendous following, helped to increase the membership and members consistently attend this class as well as use the gym equipment on a daily basis. It is our understanding that due to budget constraints, the City is proposing to close down two fitness centers, Addison and Jackson. We, the members of the Addison fitness center would like to request this decision be reconsidered. We understand the revenue of Addison is not as high as, some of the other facilities but we, the members, believe there are other considerations/compromises that can be made in order to keep this facility open. Consider the following: · A large number of City employees attend Addison due to its' central location and proximity to downtown Roanoke, possibly accounting for the lower revenue. · Members who exclusively attend Addison sign up and pay here, however a number of people pay at Breckinridge on or around the 1 sl of the month, yet attend the Boot Camp Class held Mon-Wed from 5:30-6:30 and Sat from 11-lpm. Some of these same people come on Thurs for circuit training. · The Boot Camp Class has 10-25 people to attend not once in a while but EVERY DAY! · Addison members come on a daily basis consistently. · Breckinridge is a smaller fitness center. The number of people who consistently work out in Addison may not have the room needed at Breckinridge to house both groups · Addison caters to both young and old. We have a number of 15-17 year olds that play basketball. These students pay $10 of their personal funds to come daily and play in the gym. They live in this area and walk to play basketball. We also have a number of elderly members that come daily for rehabilitative, recreational, and fellowship purposes. · We have members who have been coming to Addison since it opened, others who average approx 2-5 years as regular members and those who come brand new and join the Boot Camp class as well as utilize the fitness center. · What were the criteria for closing Addison? If it is due to revenue only, we do not believe all things were considered and we think the above should explain it. We have City employees and young students who only pay $10. If you look at the number of people who come on a daily basis, consistently throughout the year, in addition to seeing where they pay and where they actually attend, you would see that Addison is a productive place for fitness and health. · Why is the City not considering cuts across the board? Why not cut the hours to 4- 7pm for all gyms, like Addison, and cut back an hour at all gyms on Saturdays from 10-1 pm instead of 9-1 pm. . Or why not increase the City employees membership from $10 to $18 as City residents pay (allowing the teens to continue to pay $10 and out of town residents to pay $25). This was discussed in the last Boot Camp class and believed this too was a good compromise. We as me~bers need to hear and understand what other options were discussed by the Council members. The Addison gym has given City employees and city/town residents an affordable and convenient option to staying fit and healthy. We the members of Addison, have not only found a safe environment to work out and exercise but a place where the staff and trainers care about our well being and continue to go above and beyond to help each and every member meet their weight/health goals and that --- is priceless! We have become a family and feel the members of Addison are getting the very short end of the stick We thought the idea of having the gym was to have more city employees to remain healthy and believe Addison confronts this issue. Sincerely Addison members (see enclosed signatures) --.., \, Please sign this if you would like a better compromise for the members of Addison and agree with the previous letter. /"C) -I, A ?Ar J - ~ l((\ 5 ~ -( LI N 5 .c::----.-"7"rl?\ nr~ c0{L.t? _ ~Ya,< 4/JA,v ,t/ 11-( "- /', ...'"' '7'l'~-;/ ~\). J ~\ I __ ~~_ ~ _L ~ Oaifh(\~S ); DIUYJ ~t J;cuv~ \~~k-2 );> -=-L (///~ /'~~~ - >D~ f1.i -~ \";'0 " ~ t \CLy\ _ c~\CJUID%1)i\ ~~ ~k~ U11M/r,j ~~'f?1.-{rS- ~~hq/b \ 0./\ 0'(0-.- '0 ~.!: ,. y- ~-&.~ .[J^y/~~ flr:J;/~yke;M wtJiJJf-rq,'/Je d~ g,.7tY;!\j fi-f- [.5 ~e k-e'(o-f hellif,;"~'"::> I -,h . . '~~ (Ykhd \c cAne; J/lHlI E&f :SJ;rf~ ~ _Porn ck.- GO tC:'5S _ rlilldy G'/J.LI '5_- _. D()Mdle.-J;JJ~,,~~I.",M li1~ O~ ~ M: ' ~~ J)C<.\J-tc! Cv""~""~"rY\ ~\J'd(}Q~ ~/1SrN_ J$Y'cd Cu^";":J~"''v] ~0MXl~~ 1{I6Ylt<M(~ O "' i . ~\.~~"'- / . · Q \ l>f--lA ) i)()nffi-- - ... ~ _ 0JU:J(} I'l7 I II _ 1f\J:.3Hrl SA~tJ\\)E.12...s ...\2 ~ .~,'~,-,'~, I' · j - ---,.----.:.--- ____"-V \ C\ \ .~() V\ ~, Jea Les ..... xYok /~~ ,; " .IADAAA'<L \jlllor,J dtO^.bQ1- -..:..- ~ {J D"/uJ '-ro' . D;!Y" ~t L :jO\)~N ~{ ( A(~o~ '~J~ _ _ /) .~ ------ ~ .---, ~ ,/ ~ i~JY\.QJQ L-: . , - ~lL 13fowY) -- -------- --- \ -~ ... j;.. May 2, 2008 Dear Sirs: . . . .. . .....-hr'l.i -.-TI.ll-.l....R\( '(iq '1.'tAl 1(6 P\~ltJ.J".J.l.. I.,ll \ . t..., _.1_ . I was watching the news on Thursday May 1, 2008 and saw how you want to cut the budget for Fire Ems Dept. I think it's terrible you want to cut there budget. There are other non essential areas you can cut in-stead. The reason for this letter is follows. On Friday May 2 2008 I had an emergency. One of my horses got stuck in a mud whole. Well I didn't know what to do. My husband and I couldn't pull the horse out. So I decided to call 911 for help. I was a basket case over this and shaking. When they showed up it was a sigh of relief. There response was in, minutes for my horse. I was so impressed. Less than 3 minutes they were here to help with two animal control officers. It was a sigh of relief. Within a half hour my horse was out. A horse can actually die if they are down to long from stress. This horse was 22 years old. I am so grateful to the response you couldn't imagine. Now this was for a animal the response was so fast. We need all the Fire Ems we have to help. I can't even believe you would think of cutting your budget for people that help so fast. What if it was for somebody in your family needing help that fast. Sincerely ~ Fran Bartkiewicz