HomeMy WebLinkAboutCouncil Actions 05-19-08
WISHNEFF
38084-051908
ROANOKE CITY COUNCIL
REGULAR SESSION
MAY 19, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present. (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.
Today's Council meeting will be replayed on Channel 3 on Thursday, May 22
at 7:00 p.m., and Saturday, May 24 at 4:00 p.m. Council meetings are
offered with closed captioning for the hearing impaired.
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ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL
AGENDA AND RELATED COMMUNICATIONS, REPORTS,. ORDINANCES. AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO
PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY
CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL
BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA
ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA
MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON
THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE
AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A
PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY
COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR
ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS
WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS
BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE
CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER
WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR
TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING
HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT
FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE
THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED
AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT
THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Proclamation declaring May 2008 as Foster Care Month.
James Weber, Chief Social Worker Supervisor, accepted the proclamation on
behalf of Jane Conlin, Director of Human Services/Social Services.
At this point, Council Member Wishneff entered the meeting.
Proclamation declaring May 18 - 24, 2008 as Emergency Medical Services
Week.
Fire Chief H. David Hoback accepted proclamation.
Proclamation declaring May 18- 24, 2008 as National Public Works Week.
Robert K. Bengtson, Director of Public Works, accepted proclamation.
Presentation of the Preservation Excellence Awards from the Architectural
Review Board.
Awards presented to Steve and Eric Wiseman, Rob Glenn, Melinda Kantor,
Angela Stover, David Meador, Christopher and Tonya Blair, Jim and Ann
Haynes, VACO Risk Management, Ron Chuman, Clinton and Anna
McLaughlin.
3.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Monday, March 3,
2008.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C-2 A communication from Mayor C. Nelson Harris requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
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C-3 A communication from Council Member Gwendolyn W. Mason, Chair,
Personnel Committee, requesting that Council convene in a Closed Meeting to
discuss a personnel matter, being the appointment of a Council-appointed
officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
RECOMMENDED ACTION: Concurred in the request.
C-4 A communication from the City Clerk advising that Wyona Lynch
McWhite has tendered her resignation as Chairman and member of the
Roanoke Arts Commission.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-5 A communication from the City Clerk advising that Christene A.
Montgomery has tendered her resignation as a member of the Parks and
Recreation Advisory Board.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-6 Transmittal from the Roanoke City Electoral Board of an Abstract of
Votes cast in the General Election held in the City of Roanoke on May 6,
2008.
RECOMMENDED ACTION: Received and filed.
C-7 Report of qualification of Gregory W. Staples as a member of the
Personnel and Employment Practices Commission, for a term ending
June 30, 2010.
RECOMMENDED ACTION: Received and filed.
C-8 An oral request from Council Member Gwendolyn W. Mason, Chair,
Personnel Committee, that the Council convene in a Closed Meeting to
discuss the evaluations of the City's Council-appointed officers, pursuant to
Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
REGULAR AGENDA
.4. PUBLIC HEARINGS: NONE.
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5. PETITIONS AND COMMUNICATIONS:
a. A communication from Mayor C. Nelson Harris recommending that the
matter of having City Council elections become non-partisan be
referred to the Legislative Committee for possible inclusion in the
City's 2008 Legislative Program.
Concurred in the recommendation.
b. A communication from the Commonwealth's Attorney recommending
appropriation of funds in connection with the Forfeited Criminal Assets
and Forfeited Criminal Asset Interest; and a communication from the
City Manager concurring in the request.
Adopted Budget Ordinance No. 38084-051908. (7-0)
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Appropriation of additional funds for purchase of motor fuel for
the remainder of the fiscal year.
Adopted Budget Ordinance No. 38085-051908. (7-0)
2. Transfer of $359,620.00 in connection with recommendations of
the Roanoke Arts Commission Agency Funding Advisory
Committee for funding to specific Art Commission agencies.
Adopted Budget Ordinance No. 38086-051908. (6-0, Council
Member Fitzpatrick abstained.)
3. Transfer of $598,030.00 in connection with recommendations of
the Human Services Advisory Board for funding to qualified
agencies for fiscal year 2008-2009.
Adopted Resolution No. 38087-051908 and Budget Ordinance
No. 38088-051908. (7-0)
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4. Authorization for waiver of the City's sovereign immunity and
execution of a rental license agreement with the Jefferson Center
Foundation, Ltd., in connection with Renovate Roanoke, an Old
Home Renovation Fair, from October 10 - 11, 2008.
Adopted Resolution No. 38089-051908. (7-0)
5. Execution of an agreement with the Commonwealth of Virginia
Department of Transportation in connection with the receipt of
Federal Transportation Enhancement Funds for the Roanoke River
Greenway; transfer and appropriation of funds.
Adopted Resolution No. 38090-051908 and Budget Ordinance
No. 38091-051908. (7-0)
6. Execution of the Grant Recipient Agreement between the Virginia
Community College System and the City of Roanoke on behalf of
the Western Virginia Workforce Development Board.
Adopted Resolution No. 38092-051908. (7-0)
7.
Execution of a Temporary Nonexclusive Revocable
Agreement with KDL of Virginia, Inc., to
telecommunications services within the City.
Adopted Ordinance No. 38093-051908. (7-0)
License
provide
b. DIRECTOR OF FINANCE:
1. Amendment to the City Code to implement changes in
connection with the Cigarette Tax.
Adopted Ordinance No. 38094-051908. (7-0)
7. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds to school programs; and transfer of funds in connection with the
James Madison Middle School roof project; and a report of the Director
of Finance recommending that Council concur in the request. Vivian
Penn- Timity, Director of Accounting, Spokesperson.
Adopted Ordinance No. 38095-051908. (7-0)
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
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10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
None.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
David B. Carson and Lori E. Vaught were reappointed/appointed as
Trustees to the Roanoke City School Board for terms commencing
July 1, 2008, and ending June 30, 2011.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL.
Mr. Martin Jeffrey, 405 Campbell Avenue, S. W.
Ms. LeVita Washington, 2831 Melrose Avenue, N. W.
Mr. Robert Gravely, 3360 Hershberger Road, N. W.
12. CITY MANAGER COMMENTS:
The City Manager reported that she and Council Member Fitzpatrick
attended the Foster Care banquet held on Friday, May 16, and discovered
that of the couples sitting at their table, one couple has yet to receive their
first foster child, and one couple has adopted five children; also, several
individuals with twenty-five or more years of service were recognized as
foster parents. She added that there are more than 400 children in the City
who are ili need of placement outside their individual homes, and
encouraged citizens to consider becoming foster parents in the foster care
program.
Ms. Burcham stated that Local Colors celebrated their twenty-fifth event in
the City on Saturday, May 17. It was well attended and she was happy to
see the various cultures in the community participate in that celebration.
The event was followed on Sunday by the Haitian Flag Day celebration.
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Ms. Burcham related that on Friday, May 16, she visited with Bryan
Lawrence, SeniorPolice Officer, who sustained serious injuries as a result of
responding to a call, and was happy to report that he was in good spirits,
and during the entire time she visited with him, his thoughts were focused
on other people. She advised that he has recently been moved to a
nationally known rehab center where it is hopeful that he will regain the
feeling that he is currently missing in his body, and asked that the entire
community keep him in their thoughts and prayers.
Recessed at 3:15 p.m., for closed session in the Council's Conference Room,
Room 451. Council Member Wishneff left during the closed session.
Reconvened at 3:55 p.m., in the Council Chamber.
CERTIFICATION OF CLOSED SESSION. (5-0) (Council Member Wishneff absent.)
(Mayor Harris was not present when vote was taken.)
The following individuals were appointed/nominated to certain. boards,
committees and commissions:
David J. Brown was appointed as a member of the Roanoke Arts
Commission, for a three-year term, ending June 30, 2011. (Appointed to
replace Wyona L. McWhite.)
Gordie L. Zeigler was appointed to the Parks and Recreation Advisory Board
to fill the unexpired term of Sherley E. Stuart, ending March 31, 2011.
C. Nelson Harris was nominated for consideration for appointment to the
Blue Ridge Parkway 75, Inc. Committee.
AT 4:00 P.M., 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.
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ROANOKE CITY COUNCIL
REGULAR SESSION
MAY 19, 2008
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All Present.
The Invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Tonight's Council meeting will be replayed on Channel 3 on Thursday,
May 22, at 7:00 p.m., and Saturday, May 24, at 4:00 p.m. Council meetings
are offered with closed captioning for the hearing impaired.
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PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
A. PUBLIC HEARINGS:
1. Request of Glade Creek Station, L.P. to rezone property located at
3250 Orange Avenue, N. E., from RMF, Residential Multifamily District,
to CG, Commercial-General District, subject to certain proffered
conditions. Rick Cason, Development Manager for Management
Services Corporation, Spokesperson.
Adopted Ordinance No. 38096-051908. (7-0)
2. Request of Medical Facilities of America U, Limited Partnership, to
repeal and replace the proffers contained in Ordinance No. 28644-
051887, pertaining to property located at 1527 Grandin Road, S. W.,
Raleigh Court Health and Rehabilitation Center. Andrew C.
Kelderhouse, Spokesperson.
Adopted Ordinance No. 38097-051908. (6-0, Vice Mayor Trinkle
abstained.)
3.(a) Proposal to adopt a resolution authorizing the City to contract a debt
and issue General Obligation Public Improvement Bonds of the City in
. the principal amount of $5.5 million to provide funds in connection
with a police academy facility. Darlene L. Burcham, City Manager, and
Jesse A. Hall, Director of Finance.
Adopted Resolution No. 38098-051908. (6-0, Council Member
Wishneff abstained.)
(b) Approval of PPEA Comprehensive Agreement with Shockey, LLC, for
design and construction of a police academy facility; and appropriation
of funds.
Adopted Budget Ordinance No. 38099-051908 and Ordinance No.
38100-051908. (6-0, Council Member Wishneff abstained.)
4. Proposal for an encroachment into public right-of-way at Market Street
and Norfolk Avenue, S. E., to install light poles surrounding the new Art
Museum of Western Virginia. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38101-051908. (7-0)
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5. Consideration of an amendment to the City Code to increase the City's
license tax for real estate appraisers, brokers, and salesmen to $36.00
plus $.58 per one hundred dollars of gross receipts, and for
contractors and persons constructing for their own account for sale of
$.16 per one hundred dollars of gross receipts beginning January 1,
2009. Darlene L. Burcham, City Manager.
Adopted Ordinance Nos. 38102-051908 and 38103-051908. (7-0)
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.
None.
Adoption of a Resolution appointing David B. Carson and Lori E. Vaught as
School Board Trustees on the Roanoke City School Board for terms
commencing July 1, 2008, and ending June 30, 2011.
Adopted Resolution No. 38104-051908. (7-0)
Robert C. Lawson, Jr., was reappointed as the City's representative to the
Western Virginia Water Authority Board of Directors for a term ending
June 30, 2012.
The Council meeting was adjourned at 7:21 p.m.
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Offiqe of the Mayor
CITY OF ROANOKE
.
,Jotm . 198
WHEREAS, the family, serving as the primary source of love, identity, self-
esteem and support, is the very foundation of our communities and our
Commonwealth; and
WHEREAS, in the City of Roanoke there are 435 qhildren and youth infoster
care being provided with a safe, s.ecure and stable home along with the
compaSsion and nurture of a foster family; and
WHEREAS, all young people in foster care need a meaningful connection to a
caring:adult who becomes a supportive and lasting presence in their lives; and
WHEREAS, foster, kinship and adoptive families, who open their homes and
hearts I and support children whosefamilies are in crisis, play a vital role in
helpin~ children and families heal and reconnect thereby launching young people
into su'pcessful adulthood; and
I
WHEREAS, dedicated foster families frequently adopt foster children, resulting
in a greater need for more foster families; and
, .
I
WHEREAS, there are numerous'individuals, public and private organizations
I
who wprk to increase public awareness of the needs of children in and leaving
foster bare as well as the enduring and valuable contribution of foster parents,
and th~ foster care "system" is only as good as those who choose to be part of it.
I
NOW, i THEREFORE, I, C. Nelson Harris, Mayor of the City of Roanoke,
Virginia, urge all citizens to come forward and do something positive that will
I
help change a lifetime for children and youth in foster care, and do hereby
I .
proclai1m May 2008, throughout this great All-America City, as
I
. I . .FOSTERC~ M~~~Il.
Given under our hands arid the Sealafthe City of Roanoke this fifth day of May in
the yeJr two thousand and eight."
i
ATTESrr:
~~~'Me
Stephanie M Moon
City Clerk
C. Nelson Harris
Mayor
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Emergency Medical Services is a vital public service; and
WHEREAS, members of emergency medical services teams are ready to provide
lifesaving care to those in need, 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival
and recovery rate of those persons who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency
physicians, emergency nurses, emergency medical technicians, paramedics,
firefighters, educators, administrators and others; and
WHEREAS, emergency medical service teams, whether career or volunteer,
engage in thousands of hours of specialized training and continuing education to
enhance lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of
emergency medical services providers by designating Emergency Medical Services
Week; and
WHEREAS, EMS providers from around the country will begin the National
EMS Memorial Bike Ride to remember fallen brothers and sisters on May 17,
ending in Roanoke on May 24, 2008; and
WHEREAS, Roanoke Fire-EMS is joined by other concerned citizens of
Roanoke, as well as other emergency service providers and safety advocates,
businesses, schools, service clubs and organizations in their safety efforts.
NOW, THEREFPRE, L c. Nelson Harris, Mayor of the City of Roanoke,
Virginia, in recognition and honor of the outstanding services performed by these
individuals - "Extraordinary People, Extraordinary Service ", do hereby proclaim
the week of May 18 - 24, 2008, throughout this great All-America City, as
EMERGENCY MEDICAL SERVICES WEEK.
Given under our hands and the Seal of the City of Roanoke this nineteenth day of
May in the year two thousand and eight.
ATTEST:
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Stephanie M Moon
City Clerk
C. Nelson Harris
Mayor
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WHEREAS, public works infrastructure, facilities, and services provided by
employees of the City of Roanoke to the community play an
integral role in the everyday lives of our citizens; and
WHEREAS, the support of an informed citizenry is vital to the efficient
operation of the public works functions performed by the
Department of Public Works and the Department of General
Services; and
WHEREAS, these functions include solid waste management, engineering,
environmental management, transportation, facilities management,
custodial services andjleet management; and
WHEREAS, the health, safety, comfort and quality of life for all citizens of this
community greatly depends on public works functions; and .
WHEREAS, the dedication of the personnel who perform public works
functions, twenty-four hours a day, seven days a week; is
recognized and appreciated; and
WHEREAS, the American Public Works Association has adopted this year's
theme "The Future Is Now".
NOW, THEREFORE, L c. Nelson Harris, Mayor of the City of Roanoke,
Virginia, commend the dedicated efforts of staff of the Public Works and General
Services departments, and do hereby proclaim May 18 - 24, 2008 , throughout
this great All-America City, as
NATIONAL PUBLIC WORKS WEEK.
Given under our hands and the Seal of the City of Roanoke this nineteenth day of
May in the year two thousand and eight.
ArrEST:
C. Nelson Harris
Mayor
~'M.~~
Stephanie M Moon
City Clerk
~
For the year 2007, the Roanoke Architectural Review Board would like to recognize the
following Preservation Excellence awardees:
Melinda Kantor. 1114 4th Street S.W.
Ms. Kantor took the Southwest Barber Shop and restored it to a true gem. This building
needed a complete renovation inside and out, and true classic that must be seen to fully
appreciate.
Nominated by: Curtis Rupe
Steve and Eric Wiseman. 656 Day Avenue S.W.
The Wiseman's rehabilitation of the house including the full reconstruction of the
historically appropriate front porch, similar to the original is a benefit to Day A venue.
Nominated by: Frederick Gusler
Christopher and Tonya Blair. 227 Albemarle Avenue. S.W.
Chris and Tonya took a rundown and rough looking Queen Anne home at the comer of
2nd street and Albemarle and renovated it into the functioning commercial building it is
today.
Nominated by: Barbara Botkin
David Meador. 1112 2nd Street S.W.
Mr. Meador removed the old and unslightly three tab asphalt shingles from both the
house and carriage house and went to the expense of re-roofing both with natural gray
slate and copper flashings. This is the 1 st property in the H-2 district to go back to slate.
Nominated by: Erica Taylor
Angela Stover. 380 Woods Avenue S.W.
Ms. Stover did a fantastic renovation of this noticeable comer lot. All work was done at
the staff review level, including the full restoration of the l-over-l wooden windows and
trim.
Nominated by: Erica Taylor
Rob Glenn. 102 Campbell Avenue S.W.
Mr. Glenn did an authentic restoration of the first floor storefronts on a comer lot and
conversion of underused upper floors into condos. Repaired and retained all the metal
windows and installed interior storm windows. Is a LEED certified building.
Nominated by: Erica Taylor
V ACO Risk Management. 308 Market Street. S.E.
A designer of a new building within a historic area has a unique challenge of creating a
building which is both compatible with the existing architectural context and which is "of
its time." Because of the importance of the City Market, the Architectural Review Board
acknowledges that it holds such construction projects to a high level of scrutiny. The
architect faces the seemingly-impossible task of designing a building which is neither
"too old" nor "too new."
The V ACO building uses a combination of historic and modern materials (brick and
precast concrete trim) which are timeless and lasting. The design complements adjoining
buildings with comparable cornice lines, storefront features, and window patterns. The
result is a building which has a pleasing design, but does not draw undue attention to
itself. Its success relies instead on its contribution to the entire context of Market Street.
Nominated by: Chris Chittum
Clinton and Anna McLaughlin, 833 Day Avenue S.W.
The McLaughlins removed an old concrete wall and replaced it with a historically
compatible bluestone wall with grapevine mortar joints.
Nominated by: Barbara Botkin
Ron Chuman, 1526 Franklin Road, S.W.
Ron took a rundown multi-family house on the south gateway of the H-2 district and
using skill and an eye for detail returned the home to a single family dwelling that does
the district proud.
Nominated by: Frank Haley and Tommy Hahn
Jim and Anne Haynes, 511 Day Avenue, S.W.
Jim and Anne used their innate vision to renovate this house into a "green" urban living
space with good light and bright colors.
Nominated by: Tommy Hahn and Frank Haley
For the year 2007, the Roanoke Architectural Review Board would like to
recognize the following Preservation Excellence awardees:
Melinda Kantor. 1114 4th Street S.W.
Ms. Kantor took the Southwest Barber Shop and restored it to a true gem.
This building needed a complete renovation inside and out, and true
classic that must be seen to fully appreciate.
Nominated by: Curtis Rupe
Steve and Eric Wiseman. 656 Dav Avenue S.W.
The Wiseman's rehabilitation of the house including the full
reconstruction of the historically appropriate front porch, similar to the
original is a benefit to Day Avenue.
Nominated by: Frederick Gusler
Christopher and Tonva Blair. 227 Albemarle Avenue. S.W.
Chris and Tonya took a rundown and rough looking Queen Anne home at
the corner of 2nd street and Albemarle and renovated it into the
functioning commercial building it is today.
Nominated by: Barbara Botkin
David Meador. 1112 2nd Street S.W.
Mr. Meador removed the old and unslightly three tab. asphalt shingles
from both the house and carriage house and went to the expense of re-
roofing both with natural gray slate and copper flashings. This is the 1 st
property in the H-2 district to go back to slate.
Nominated by: Erica Taylor
Anaela Stover. 380 Woods Avenue S.W.
Ms. Stover did a fantastic renovation of this noticeable corner lot. All
work was done at the staff review level, including the full restoration of
the 1-over-1 wooden windows and trim.
Nominated by: Erica Taylor
Rob Glenn. 102 Campbell Avenue S.W.
Mr. Glenn did an authentic restoration of the first floor storefronts on a
corner lot and conversion of underused upper floors into condos.
Repaired and retained all the metal windows and installed interior storm
windows. Is a LEED certified building.
Nominated by: Erica Taylor
VACO Risk Management. 308 Market Street. S.E.
A designer of a new building within a historic area has a unique challenge
of creating a building which is both compatible with the existing
architectural context and which is "of its time." Because of the
importance of the City Market, the Architectural Review Board
acknowledges that it holds such construction projects to a high level of
scrutiny. The architect faces the seemingly-impossible task of designing
a building which is neither "too old" nor "too new."
The VACO building uses a combination of historic and modern materials
(brick and precast concrete trim) which are timeless and lasting. The
design complements adjoining buildings with comparable cornice lines,
storefront features, and window patterns. The result is a building which
has a pleasing design, but does not draw undue attention to itself. Its
success relies instead on its contribution to the entire context of Market
Street.
Nominated by: Chris Chittum
Clinton and Anna McLauQhlin. 833 Day Avenue S.W.
The McLaughlins removed an old concrete wall and replaced it with a
historically compatible bluestone wall with grapevine mortar joints.
Nominated by: Barbara Botkin
Ron Chuman, 1526 Franklin Road, S.W.
Ron took a rundown multi-family house on the south gateway of the H-2
district and using skill and an eye for detail returned the home to a single
family dwelling that does the district proud.
Nominated by: Frank Haley and Tommy Hahn
Jim and Anne Haynes. 511 Day Avenue. S.W.
Jim and Anne used their innate vision to renovate this house into a
"green" urban living space with good light and bright colors.
Nominated by: Tommy Hahn and Frank Haley
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
C. NELSON HARRIS
Mayor
May 19, 2008
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
Co .1{c.kftc. *~
C. Nelson Harris
Mayor
CNH:crt
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members:
Beverly T. Fitzpatrick, Jr.
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
David B. Trinkle
Brian J. Wishneff
C. NELSON HARRIS
Mayor
May 19, 2008
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
I wish to request a Closed Meeting to discuss a personnel matter, being the appointment
of a Council-appointed officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia
(1950), as amended.
Sincerely,
~Ol=son, Chair
City Council Personnel Committee
GWM:crt
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
C. NELSON HARRIS
Mayor
May 20, 2008
Ms. Wyona M. Lynch-McWhite
2012 Berkley Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Lynch-McWhite:
A communication from the City Clerk advising of your resignation as Chairman
and member of the Roanoke Arts Commission, was before the Council of the
City of Roanoke at a regular meeting held on Monday, May 19, 2008.
On motion, duly seconded and unanimously adopted, your resignation was
accepted. .
On behalf of the Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a member of the
Roanoke Arts Commission from August 15, 2006 to May 19, 2008. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
Sincerely,
~V\/
C. Nelson Harris
Mayor
Enclosure
pc: Melissa Murray, Recording Secretary, Economic Development
Stephanie M. Moon, CMC, City Clerk
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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
May 19, 2008
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
This is to advise you that Wyona Lynch McWhite has submitted her re~ignation as
Chairman and member of the Roanoke Arts Commission.
Sincerely,
~\,<\,~~
Stephanie M. Moon, CMC
City Clerk
SMM:snh
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
C. NELSON HARRIS
Mayor
May 20, 2008
Ms. Christene f\. Montgomery
2254 Denniston Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Montgomery:
A communication from the City Clerk advising of your resignation as Chairman
and member of the Parks and Recreation Advisory Board, was before the
Council of the City of Roanoke at a regular meeting held on Monday, May 19,
2008.
On motion, duly seconded and unanimously adopted, your resignation was
accepted.
On behalf of the Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a member of the Parks
and Recreation Advisory Board from August 2, 2004 to May 19, 2008. Please
find enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
Sincerely,
~~
C. Nelson Harris
Mayor
Enclosure
pc: Linda Bedasaul, Secretary, Parks and Recreation Advisory Board
Carl H. Kopitzke, Chair, Parks and Recreation Advisory Board,
2314 Martin Lane, S. W., Roanoke, Virginia 24015
Stephanie M. Moon, CMC, City Clerk
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Cecelia R. Tyree
Assistant Deputy City Clerk
May 19, 2008
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
This is to advise you that Christene A. Montgomery has submitted her resignation as a
member of the Parks and Recreation Advisory Board.
Sincerely,
-
rn.~
Stephanie M. Moon, CMC
City Clerk
SMM:snh
ABSTRACT OF VOTES
Cast in the City of ROANOKE
at the May 6, 2008 General Election, for:
, Virginia,
MAYOR
NAMES OF CANDIDATES AS PRINTED ON BALLOT
C. Nelson Harris
,i.J : . 1.
David A. Bowers
...........un....................................................
..............................................nn..................
Anita M. Powell
..................................................................
George A. Sgouros
..................................................................
..................................................................
..................................................................
..................................................................
...................................................................
...................................................................
TOTAL VOTES
RECEIVED
(IN FIGURES)
4,525
5.968
447
184
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 31
Total Number of Overvotes for Office ........................................................... 0
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on May 6, 2008, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election and do, therefore, determine and declare
that the fof/owing person has received the greatest number of votes casf for the above office in
said election:
David A. Bowers
Given under our hands this . 7th
A copy teste:
.-......--~-------
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8 ;;... .:,t~:. ,"/..\.I.t /';:; 1
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\<:~;. \' (~ /
. -~----_.---
\ ..,.....
day of May, 2008.
~~'&/
.;j .J.-<:j-yf-J -__~, 71.&-'\ ....<-<xt;
q ~ t-
O _ .J ,10-., C~~cdt
, Chairman
, Vice Chairman
, Secretary
Secretary I Electoral Board
COMPLETE THIS FORM ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MC>F;E OF THE TOTAL NUMBER
OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECn::D TO THE OFFICE'.
WRITE-INS CERTIFICA TION
CITY OF ROANOKE
General/Special Election
COUNTY/ClTv/TOWN
MAYOR
May 6, 200a
Page 1 of 1
OFFICE TITLE
AT LARGE
DISTRICT NAME OR NUMBER, IF APPLICABLE
TOTAL VOTES
RECEIVED
(IN FIGURES)
WRITE-INS - SUMMARY:
1. Invalid Write-Ins ....................... ............... ......... ....................... ....
2
ENTER TOTAL INVALID
29
2. Valid Write-Ins .. ..... .., ......... ..........................................................
I
3. Total Write-Ins .................. ..... ............ ................................ ..........
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFiCE.] .
ENTER TOTAL VALID
31
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE. .
TOTAL VOTES
RECEIVED
(IN FIGURES)
. . .-. . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
/
. . . . . . . . . . . . . . . .
CONTINUED ON PAGES _ THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 6, 2008, do hereby certify that, with tile continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said e/ection'for the office indicated above.
Given under our hands this 7th
day of May, 2008.
A copy teste:
(1 A.J ~ ;Jc;J ~ ,Chainnan
r'\ Il (\ /1/1-r or.
'-.J.rz~~Le>--y y {,('i/l/{..4'^- / , Vice Chairman
-~.LI..J~ h--. q1.~/.,.....c,-,:'.-c/f
d..~ ~+.
, Secretary
-- >-----~:,,<~.._------"-
__-~ .."-0. ~ .:.'~ --I -
/~~ :-"~~,,.,,- ( /. "".
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...._..... ~~::: r...; ..
. --....~~: tt;;i -
.::~~~~~-"_.":> .:'
~1.---<-()-<.4 Secretary, Electoral Board
ABSTRACT OF VOTES
Cast in the City of ROANOKE
at the May 6, 2008 General Election, for:
, Virginia,
MEMBER
CITY COUNCIL
AT LARGE
ENTERA TlARGE ORAJ?PROPRIATEDISlBKiT" WAR~OR BOROUGH NAME
TOTAL VOTES
RECEIVED
(IN FIGURES)
./
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
Sherman P. Lea
Anita J. Price
Court G. Rosen
Dale Anthony Edmonston
Valerie L. Garner
Brian J. Wishneff
..................................................................
6,617
..................................................................
6,172
..................................................................
i:i,516
..................................................................
1,274
3,749
5,402
..................................................................
..................................................................
..................................................................
..................................................................
CONTINUED ON PAGE _ THROUGH
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 99
Total Number of Overvotes for Office ........................................................... 0
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on May 6, 2008, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election and do, therefore, determine and declare
that the following person(s) has(have) received the greatest number of votes cast for the above
office in said election:
Sherman P. Lea
Ani ta J';. Price
Court Go Ro!,:pn
Given under our hands this 7th
day of May, 2008.
A copy teste:
.,..-~
...w-- . ""--
.,,:,..- ..- ,'..-.' .'~ :'. "..
:' . ~ / ~'--
.- ~, . ," ~ /' ~--
--' ~~
?-
{JGA~~~/~~
{1"y)r:<- 9~1a/JL;:rJ
_'1~ ';J.- c--Il /
..--,:T ~ .~t:!" \ ~vCA:::r-c.t;
, Chairman
, Vice Chairman
, Secretary
. ,Ii " " j\~.['~ i ,j';\ ~.;:.: l
\"? r;- i
.,' /::.. . ~.,.'.....J
~~ (,'" 1 .
....: t2~' .' (
-~<~:----------,.:
~.:J,f~ /~ , ~.^-<~L/~4
Secretary, Electoral Board
COMPLETE THIS FORM ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER
OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS EL:::CTED TO THE OFFICE.
WRITE-INS CERTIFICA TION
CITY OF ROANOKE
General/Special Election
COUNTY/CITYITOWN
OFFICE TITLE
AT LARGE
May 6, 2008
Page 1 of. 1
CITY COUNCIL
DISTRICT NAME OR NUMBER, IF APPLICABLE
\
TOTAL VOTES
RECEIVED
(IN FIGURES)
WRITE-INS - SUMMARY
_1. Invalid Write-Ins ..........................................................................
10
ENTER TOTAL INVALID
2. Valid Write-Ins.................................. ...........................................
3. Total Write-Ins.. .......................................... .................................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
89
ENTER TOTAL VALID
99
ADD LINES 1 ANO 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
(IN FIGURES)
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
CONTINUED ON PAGES _ THROUGH_
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 6, 2008, do hereby certify that, with the continuation pages indicated,
the above is a true and correct certification of the write-in votes cast at said election for the office indicated above.
Given under our hands this 7th
day of May, 2008.
A copy teste:
f! (lAP -=:1.;J ~~ . Chairman
D~~t>~ -' -. , Vice Chairman
.,2) _l..'e--f-.~ /~. ~~-..~,? . Secretary
"d b'1-\ J+. ~~~.(~t'
Secretary, Electoral Board
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
May 20, 2008
Keli M. Greer, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Ms. Greer:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
This is to advise you that Gregory W. Staples has qualified as a member of the
Personnel and Employment Practices Commission, for a term ending June 30,
2010.
SNH:ew
Sincerely,
Ci>LL'q.
Sheila N. Hartman, CMC
Deputy City Clerk
pc: Adalina Allicott, Administrative Secretary, City Clerk's Office
LICLERK\DA T A ICKEWI loath and leaving servicelpersonnel and employment practices commissionlGregory W Staples quali.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Gregory W. Staples, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Personnel
and Employment Practices Commission, for a term ending June 30, 2010,
according to the best of my ability (So help me God).
~C;~
Subscribed and sworn to before me this \qfuday of ~ 20~
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
tJ~~ ~,CLERK
K:\oath and leaving service\personnel and employment practices commission\Gregory W Staples oath07.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 30, 2008
The Honorable Beverly T. Fitzpatrick, Jr., Chair
and Members of the Legislative Committee
1 0 27th Street, S. E.
Roanoke, Virginia 24014
Dear Council Member Fitzpatrick and Members of the Legislative Committee:
A communication from Mayor C. Nelson Harris recommending that the matter
of having City Council elections become non-partisan be referred to the
Legislative Committee for possible inclusion in the City's 2008 Legislative
Program, was before the Council of the City of Roanoke at a regular meeting
held on Monday, May 19, 2008.
On motion, duly seconded and adopted, the matter was referred to the
Legislative Committee.
Sincerely,
~");.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: William M. Hackworth, City Attorney
Thomas A. Dick, Legislative Liaison, 1108 East Main Street, Suite 904,
Richmond, Virginia 23219
I
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
C. NELSON HARRIS
Mayor
May 19, 2008
The Honorable Vice-Mayor and Members of Roanoke City Council
Roanoke, Virginia
Dear Council Members:
Please find attached information regarding having City Council elections
become non-partisan. I believe such a move would be in the best, long-term
interest of our city citizens. I would respectfully request that Council move to
have this considered by the incoming Council's Legislative Committee for
possible inclusion in the city's 2008 legislative agenda.
Sincerely,
VA~~
C. Nelson Harris
Mayor
CNH:jj
Enclosure
March 13, 2003
The Honorable C. Nelson Harris, Vice-Mayor
City of Roanoke
3020 Spring Road, S. W.
Roanoke, Virginia 24015
Re: Council election procedures
Dear Nelson:
This is in response to your question during Council's budget session on
March 7, 2003, as to whether City Council elections could be conducted without
regard to political affiliation. In reasearching this, I found that Will Dibling was
asked the same question by Council in 1996, and I have attached a copy of Will's
quite comprehensive response of March 18, 1996.
In reviewing the statutes cited in Will's letter, only two have had significant
amendments since 1996. Section 24.2-515, Code of Virginia, has been amended to
provide that primaries for the nomination of candidates for offices to be voted on
in May shall be on the last Tuesday in February (rather than the first Tuesday in
March).
Section 24.2-613, Code of Virginia, which specifies the "form" of ballots
has also been amended. I have attached a copy of it in its present form. From July
1, 1993, to January 1, 2001, when it was deleted, this section had a sentence in it
providing that "No names of political parties shall appear on the ballot except as
provided in 924.2-614 for presidential elections." During the last session of the
General Assembly, H.B. 1405 was introduced, which would have prohibited
political party names on local election ballots, but only for certain candidates in
certain circumstances. It failed to get out of committee. The City's Registrar's
office has verified that political parties were not identified on the most recent City
Council election ballots.
.;
The Honorable Nelson C. Harris, Vice-Mayor
March 13, 2003
Page 2
I I
I hope that this information is what you are after. If you would like for me
to follow up on anything, please let me know. I would be glad to send a copy of
this letter to the other members of Council if you would like.
With kindest personal regards, I am
Sincerely yours,
William M. Hackworth
City Attorney
WMH:f
Attachment
cc: Mary F. Parker, City Clerk
L:\A TTORNEY\DA T A \CLFF1 \COUNCIL\1-harriselectionprocedures.1.doc
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 2401 1 -1595
,:;
TELEPHONE: 540.981.2431
TELECOPIER: 540.224.3071
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATTORNEYS
WILBURN C. DIBLlNG. JR/
CITY A TIORNEY
March 18, 1996
The Honorable Mayor and Members
of City Council
Roanoke; Virginia
Re: CITY COUNCIL ELECTION PROCEDURES
Dear Mayor Bowers and Council Members:
At the council meeting of January 16, 1996 ,Council Member
McCadden offered the opinion that City Council elections should be
without regard to political affiliation. He requested that the
City Attorney research this matter and present alternatives to
eliminate party affiliation in the local electoral process. By
unanimous vote, the matter was then referred to me for review and
report.
I am pleased to present this report in response to Council's
request. The report describes the current municipal electoral
process with particular emphasis on the role of the political
parties, describes alternative procedures used by other
municipalities and discusses First Amendment principles that must
always be adhered to. Council's decision as to the wisdom of the
various alternatives is, of course, an inherently political matter,
and the City Attorney can offer no recommendation as to the
alternatives.
CURRENT ELECTION PROCEDURES FOR MAYOR AND COUNCIL MEMBERS
Current election procedures for the Mayor and Council members
are controlled by the Roanoke Charter of 1952 and general law of
the Commonwealth. The City Charter has surprisingly little to say
about this process. Section 4 of the City Charter states that the
Council shall consist of seven members, including the Mayor, all of
whom shall be elected at large and serve for four year terms. The
same section provides for staggered terms. Specifically, S4
provides that the Mayor and three members of Council shall be
elected on the first Tuesday in May, 1972, and each four years
The Honorable Mayor and Members
of City Council
March 18, 1996
2
thereafter. 0n the first Tuesday in May, 1974, and each four years
thereafter, three Council members shall be elected. As is the
case with most Virginia city charters, the Roanoke City Charter
does not address the nominating process or electoral procedures.
The process by which one becomes a candidate for City Council
and related deadlines and the printing of ballots and content
thereof is controlled by. State law. Independent candidates (those
who are not candidates for party nomination) who desire to seek a
seat on City Council are required to file a declaration of
candidacy with the General Registrar. Section 24.2-505.C., Code of
Virginia (1950), as amended. An independent candidate for City -
Council must also file, along with his or her declaration of
candidacy, a petition signed by one hundred twenty-five qualified
voters. Section 24.2-506. For general and special elections held
in May, declarations of candidacy and petitions of independents
shall be filed by 7:00 p.m. on the first Tuesday in March. Section
24.2-507. Names of independent candidates who have filed are
transmitted by the Secretary of the local Electoral Board to the
state Board immediately after the filing deadline. Section 24.2-
505.C.
As to party nominations, the duly constituted authorities of
the political party for the city, county or town in which any
office is to be filled have the right to determine the method by
which a party nomination for that office shall be made. Section
24.2-509. Nominations by political parties for general and special
elections to City Council held in May shall be completed by 7:00
p.m. on the first Tuesday in March. Section 24.2-510. Each party
chairman has .the responsibility of certifying the names. of
candidates for City Council who have been nominated by the party by
a method other than a primary to the State Board and to the
Secretary of the local Board not later than five days after the
last day for nominations to be made. Section 24.2-5l1.B.
Primaries may also be held by the parties to nominate
candidates. for City Council upon a party chairman's filing timely
written notice with the State Electoral Board as to the request for
a primary and identifying each office for which a primary has been
adopted. Section 24.2-516. Primaries for the nomination of
candidates for offices to be voted on in May shall be held on the
first Tuesday in March next preceding such election. Section 24.2-
515. Notice as to the request for a primary must be filed by the
chairman of the political party requesting a primary not more than
one hundred ten (110) days and not less than ninety (90) days
before the date set for the primary. Section 24.2-516. Upon
appropriate notice, the State Board of Elections orders the holding
of a primary. Section 24.2-517.
The Honorable Mayor and Members
of City Council
March 18, 1996
3
Once candidates have been chosen, either by the party
nominating process or by the petition process for independents, the
form of the ballot becomes the responsibility of the State Board of
Elections. Immediately after the expiration of the time for a
candidate to qualify to have his or her name printed on the
official ballot, each local electoral board is required to forward
to the State Board a list of names of candidates who have filed for
each office. Section 24.2-612. For general and special elections,
the State Board of Elections determines by lot the order on the
ballot of the political parties.. For each party, the names of its
candidates appear together in the order determined by the party.
The names of independent candidates appear alphabetically as a -
class after the candidates of the political parties. No names of
poli tical parties appear on the ballot except in the case of
Presidential elections. Section 24.2-613.
I am attaching a sample ballot utilized in the general
election for Mayor and City Council members on May 5, 1992. See
Attachment A. As you can see, there are no names of political
parties on the ballot. The candidates of each political party for
each office are, however, lumped together in the order determined
by their parties.
ALTERNATIVE PROCEDURES
I have been asked to suggest altert:1atives to the current
process for electing members of Roanoke City Council. While it
would be inappropriate for me to comment on the merits of
alternative procedures, I am pleased to describe several
alternative procedures.
The City of Tempe, Arizona, has explicitly established non-
partisan elections for its Mayor and City Council members by City
Code. The Tempe City Code provides as follows: '
"All elections for Mayor and City Councilmen
shall be -non-partisan and nothing on the
ballot in any primary or general election
shall be indicative of the source of the
candidacy or of the support of the candidate."
1 Matthews Municipal Ordinances,S31.01 (1990).
Since Virginia follows the Dillon Rule which holds that a municipal
corporation possesses and can exercise only ( I) those powers
granted in express words; (2) those powers necessarily or fairly
implied ,in or incident to the powers expressly granted; and (3)
those powers essential to the declared objects and purposes of the
corporation, not simply convenient, but indispensable (Stallings v.
The Honorable Mayor and Members
of City Council
March 18, 1996
4
Wall, 235 Va.,313, 367 S.E.2d 496 (1988)), a local governing body
in Virginia is without authority to establish its own election
procedures by ordinance. Election procedures and the nominating
process as to local government offices are controlled by the
General Assembly in virginia. As previously noted, the general law
of the Commonwealth as set out in the Code of virginia ordinarily
applies. Several virginia cities, however, have unique local
procedures set out in their City Charters.
One such example is the City of Portsmouth. Section 3.02 of
Portsmouth Charter of 1970 provides that candidates for the council
shall be nominated by petition. Only candidates who have been -
nominated by petition may, under the Portsmouth Charter, have their
names printed on the ballot. A nominating petition shall be signed
by at least seventy-five qualified voters of the city, and any
person whose name has been submitted for candidacy by a petition is
required to file his or her acceptance of the candidacy with the.
Clerk of the Circuit Court. A copy of S3.02 of the Portsmouth City
Charter is attached as Attachment B. The effect of the Portsmouth
City Charter is to take political parties out of the nominating
process. All candidates for Portsmouth City Council obtain a place
on the ballot by virtue of a procedure similar to that followed by
independent candidates in the City of Roanoke. Thereafter, the
names of the candidates are listed in alphabetical order on the
ballot.
The Charter of the City of Richmond (S3.02) specifically bars
nomination by primary and provides that all candidates shall be
nominated by petition only. See Attachment C. In the case of
candidates for Richmond City Council, the required petition must
include the signatures of 125 qualified voters. Nomination by
petition, as in the case of the cities of portsmouth and Richmond,
is fairly common on a national basis. ~ C. Rhyne, The Law of
Local Government Operations, S7.6 (1980).
Another example of non-partisan elections established by the
Virginia General Assembly is contained in the new procedures for
election of school boards. Section 22.l-57.3.E., Code of virginia
(1950), as amended, provides that candidates for local school
boards shall be nominated by petition only. In order to achieve a
place on the ballot in a city school board election, a candidate
must present a petition with one hundred twenty-five signatures of
qualified voters. Section 24.2-506. Thus, the political parties
are excluded by state law from participating in the nominating
process. for school board elections.
The City of Salem has, on several occasions, been cited to me
as an example of a Virginia city that adheres to non-partisan
The Honorable Mayor and Members
of city Council
March 18, 1996
5
elections for/its Mayor and City Council. 'In fact, as a matter of
law, Salem's nominating and election procedures are strikingly
similar to the City of Roanoke's procedures. Section 3.2 of the
Salem Charter of 1968 specifically states that nominations and
elections shall be held in accordance with the general laws of the
Commonwealth. I am attaching as Attachment D SS3.1 through 3.3 of
the Salem Charter. Based upon my analysis of the Salem Charter, it
is apparent that non~partisan elections exist in Salem by virtue of
custom and tradition, not law. The political parties in the City
of Roanoke could decline to nominate candidates (and, indeed, in
some years they have so declined), just as the political parties in
Salem have customarily declined to nominate candidates for Salem -
City Council.
In describing alternative election procedures, there is no
intent to denigrate the City's current procedures. A recent study
of the virginia Municipal League establishes that the current
nominating process for Roanoke City Council is very similar to that
followed in the vast majority of Virginia cities. According to the
VML study, in thirty-seven of the forty-one cities ~f Virginia,
there are no partisan labels on the election ballot as in the case
of the city of Roanoke. The same study shows that in thirty-seven
of Virginia's forty-one cities, neither the City Charter nor City
Code addresses the nominating process as in the case of the City of
Roanoke. See Election and Composition of Virqinia Local Governinq
Bodies (Virginia Municipal League, July, 1995). Where the City
Charter does not address the nominating process, general law, as
discussed above, would apply.
While several Virginia cities, such as Portsmouth and
Richmond, have charters that provide for nomination by petition
only, most Virginia cities have a nominating process established.by
general law that is, as a matter of law, virtually identical to
this City's process. As a practical matter, however, the extent of
actual party involvement in municipal elections varies greatly from
one Virginia locality to another with there 'being significant party
activity in some mayoral and council elections and little or none
. in others. See M. Wilkinson and M. Fields, Handbook for Virqinia
Mayors and Councilmembers, at 13 (1979).
FIRST AMENDMENT ISSUES
Initially, it should be recognized that the First Amendment to
the United States Constitution guarantees the rights of association
and free speech. All persons have the right to join political
parties and participate in their activities. Parties and their
members have the inherent right to endorse candidates for offices
The Honorable Mayor and Members
of City Council
March 18, 1996
6
and to advocate the election of those persons favored by their
endorsement.
The First Amendment, however, is not offended by laws
forbidding the designation of political parties or the affiliation
of candidates upon the ballot. Such laws .have been sustained
against. the cont~ntion that they prohibit political parties or
interfere with their operation. See 3 McQuillin on Municipal
Corporations, S12.02 (1990); Douglas v. Sturqill, 261 S.W.2d 290
(Ky. 1953); Strade v. Sullivan, 236 P.2d 48 (Ariz. 1951); and State
v. Portland, 133 P. 62 (Ore. 1913).
In State v. Portland, supra, the Supreme Court of Oregon, in
reviewing a challenge to a municipal charter prohibiting
designation of the political party or affiliation of candidates
upon the ballot, recognized that people have an inalienable right
to assemble themselves into political parties and that parties have
a right. to be protected from interference with constitutionally
protected activities, but opined that the' charter provision did not
prohibit political parties or authorize interference with their
activities. Notwithstanding the charter provision, the Court
explained that any party may endorse, support and work for the
election of any candidate. The Court further explained that a
voter desiring to vote for a person of his own political faith will
take interest enough to ascertain the political affiliation of
candidates without having to refer to the ballot in the voting
booth.
As previously noted, ~n Virginia, only in presidential
elections is there a designation of political parties on the
ballot. For all other elections, however, the candidates of each
party are grouped together on the ballot,according to political
party, the order being determined by lot. For an example, see
Attachment A. As to those Virginia cities that provide council
candidates may obtain a place on the ballot by petition only, it is
this provision that eliminates the party nominating process and
precludes the grouping of candidates together on the ballot
according to political party so that even sophisticated voters
cannot determine party a'ffiliation from the content of the ballot.
Al though there are no Virginia cases challenging petition only
charter requirements, these provisions are of ancient origin, and
I am confident, based upon my review of. the authorities, that
petition only requirements are not violative of the First Amendment
or other Con~titutional principles.
Please note that a petition only charter requirement does not
remove political parties from the election process. Partiesmay
always endorse candidates, campaign for candidates, provide funds
The Honorable Mayor and Members
of City Council
March 18, 1996
7
to them and provide all those other benefits that the political
parties have always provided to their preferred candidates.
Individual candidates may, of course, identify themselves as
members of particular political parties.
CONCLUSION
As to the process by which one becomes a. candidate for Mayor
or City Council and obtains a place on the ballot, the City of
Roanoke's Charter provisions are strikingly similar to those of the
majority of Virginia cities. In fact, most Virginia city charters -
have little to sayan this issue, and general law controls. As a
matter of law, political parties have a role in this process by
virtue of their power to make nominations. Where party nominations
are made, the party's candidates are grouped together on the
ballot, but without designation of party affiliation. Although the
majority of Virginia cities operate under the same law, the extent
of partisanship at the local level is largely a matter of local
custom and tradition.
The charters of several Virgiriia cities, including Portsmouth
and Richmond, provide that one can become a candidate for mayor or
city council only by the petition process. The effect of this
provision is to remove the political parties from the nominating
process. Without party nominations, there can be no grouping
together on the ballot of candidates according to party. Although
these charter provisions have apparently not been challenged, they
are of long-standing origin, and the cases from other states'
suggest that such provisions are constitutional.
While political parties may be removed from the formal
nominating process, the First Amendment protects the right of the
parties and their members to endorse candidates for all offices and
to seek the election of these persons, as well as the right of
,candidates to identify themselves as members of a particular
political party.
The Honorable Mayor and Members
of City Council
March 18, 19~6
8
I trust that this report is fully responsive to the request of
City Council. Should members of City Council have questions as to
legal issues, I shall be pleased to address them.
With kindest personal regards, I am
Sincerely yours,
-' /.
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Attachments
cc: W. Robert Herbert, city Manager
Mary F. Parker, City Clerk
ShelvaS. Painter, General Registrar
H .'.COT.TN(TL:J~Hl'>t.'l'ONP.l
COMMONWEALTH OF VIRGINIA
SAMPLE BALLOT
CITY OF ROANOKE
GENERAL ELECTION
Tuesday, May 5,1992
Mayor
(Vote for not more than one)
D David A. Bowers
D Willis M. "Wick" Anderson
D
o
D
o
D
o
Member
City Council
(Vote for not more than three)
,
Renee L Anderson
Beverly T. Fitzpatrick, Jr.
James o. Trout
Elizabeth T. Bowles
Beverly B. lambert
Delvls O. "Mac" McCadden
Authorized by Electoral Board of the
City of Roanoke
210 Campbell Ave., Room 104 Courthouse
Roanoke, Virginia 24011
ATTACBIIENl' A
I 3.02
PORTSMOUTH CODE
I 3.08
ARTICLE III. CITY COUNCIL
See. 3.01. CompositioD.
The council shall consist of seven members to be elected by
and from the city at large.
See. 3.02. Nomination of candidates.
(a) Candidatea for the couneil under the provisions of this
charter shall be nominated by petition. Any qualified voter of
the city may be nominated 88 provided herein. Subject to the
provisions herein, there shall be printed on the ballots to be
used in any municipal election for the election of councilmen
the names of all candidates. who have been nominated by peti-
tion and no others. A nOminating petition shall conform sub-
stantially to the follOWing requirements: .
(1) Such petition shall state the name and place of res-
idence of each person whose name is presented for a
place upon the ballot, and shall request such person or
persona to beCome a candidate or candidates for the
office of councilmen for the City of Portsmouth.
(2) Such petition shall be signed by at least seventy-five
qualified electors of the city.
(3) Each elector signing a petition may subscribe to one
nomination for each of the places to be filled at the
ensuing election, and no more. .
(4) Such petition shall not be signed by any elector more
than ninety dayS prior to the day of such elect:oD, and
such petition shall be filed with the clerk of the hust..
inga court of said cit,o not less than sixty days previ-
ous to the day of such election.
(b) J,.ny person whose name has been submitted for candi-
dacy by any such petitio~, shall file his acceptanee of such
candidacy with the clerk of hustings court of' said city at
least sixty d&ya previous to the date of such election,
otherwise his name shall not appear on the ballot. The filing
of such acceptance s.ba11 be deemed equivalent to the filin&, of
. notice of candidaey under the general election laws of the
state, and no other notice of candidacy need be given by the
person filing the same.
ATTACHMENT B
CBAP'I'ER 8. ELECTIONS
Sec. S.OI. Electioll 01 COUDcri1aa....
On the firlt 'lUesda, in May, DinetMJI hundred
seventy-eight lU1d aD the 11m Tuesday i4 May iD
everY MCODd year thereafter there sbal1 be held a
general City electloll at ..,.hich .JW1 be e1eeted by
the quali1led voters of the City one member of
Council from each at the em. e1ect:iaD diatri* ill
the CitY. the voters raicimi in each such d1It:riet
to elect ODe member tor .ald dittriet tOI' terms at
two yean from the am clay ofJv.b' foUDWiIae their
electioll.
(Acta 1971, Ch. 84, f 1: Acta 197'7, Ch. 513, f 1)
See. 3.02. NOaUaado. 01 olUldidat.. for
COUIlOO.
No primU')' electloa. .hd be held far the nGID.
inatioll ot~.adfd.atel tortU de. oIC-~I-u,
uui Cl8DdicIatM ah.u 1M lIOIDiDaW cmJy b7 pett_
tioD. Then .haD be prinW em the ballotiI UHd ill
the electlaa 01 Coadlma bl each alecUoa ctiJ..
triet the DaIII. of aU 4:aDdiclatM who haTe bea
DOIIliAatad for e1ec:t:iaG m 8Udl &f:rict by pCiti_
8I1d the t1Uq of a notice at C....,dMICy U proriW
heniD and DO othen. The ~ta fOr 110m-
lnation ah&n be:
(a) AA, qualiiecl TcMr at the City IDa1' be
nommated fol' .tecUm u CO\UII"I'lGIua for
thI diltrid m which he nsidee by aua,.
not later tbua the time 1lDd lOr the "I~,
or the poUa 011 tM &wt: 'nleIc!a, fa ~
with the Clerk of the ClmUt Coun of the
City of Ric1ulll0lld. Diuon I. . petitiaD
lripild by _leu tbaD OM h1Uldnd ~
dYe ~,.H4I-' vot.n of tIw c:HItrict ia wIW:h
such candidate raiclM ad fbr wbicb be
seeD e1ectiaD. acblipataN to wIW:Il baa
beIIII wtm..... by . penaa w... dlcIa-rit
to tbac ,8'_ ia attaCb.cl thentD, ....
with . IlOtlce of eandidaq nquind by the
pIleral .... of tM o-~,...ztb nld-
h1r to Ilec:tiaa.
(1)) Thl petitiae IlhaUItate the Daml ad ar.a
addnu ottba r-M... oItb1 ptnCID who.
Ilame ia pruated thenb)r .. a eadio{'te.
8Dd the atreIIt lICIdnu 01 tU ~ of
the p8nOU Iip1q the lime.
(Ac:ta 1975, 9h- 112, t 1. ActI1978. Ch. 63a, t 1:
Am 19'17. Ch. 513, t 1)
Sec. 8.03. COllduotol..lleralIIl1lll1cipal eJec.
dOlL
Th. hallow UJe4 in tach cliatric:t in the electioD
at COUDcilmaa shall be without any distinguilh.
in, muc or aymbaL Each quaWled voter shall be
e~titlecl to cast: 0111 Tote far ODe perIOD to aerve u
Cow:adlmlD mr the diItrict; f.D which .uch voter
raiclM met DO more. ha countiq the vote any
ballot found to haTe been vottid tor more than one
penonlhliD be void. The candidate rec:eiviDc the
higbeft Il~ of vote. cart iD 8w:b election in
each diRrict sbalJ be decl8J'edeleeted. '1'he ge~_
era! law. of the CoaUllOllwealtb re1atiq to the
conduct of eldou. 10 tu .. pertinent, shall
apply to the canduct of the reneral mWliopal
.1ect:lOL
(Ac:U 19'7'7, Ch. 513, '1)
AT'I'A~lJURN'" f"'
CHAPTER 3. ELECTIONS
Sec. 3.1. Election of councilmen.
On the fll'st Tuesday in May 1974, and on the
ill'st Tuesday in May every two years thereafter,
there shall be held a general m':1nicipal election,
at which/the members of the city council shall be
elected. All other municipal elections that may be
held sball be known as special municipal elec-
tions.
(Acts 1973, ch. 141, ~ 1.)
Sec. 3.2. General law to control regiStration,
nominations and elections.
Unless otherwise provided in this Charter, reg.
istration, nominations and elections held under
this Charter shall be in accordance with the gen.
erallaws of the commonwealth.
Sec. 3.3. How regular municipal election for
election 01 councilmen conducted.
The candidates in any regular municipal elec.
tion for the election of councilmen. equal in
number to the places to be filled, who shall re-
ceive the highest number of votes at such elec.
tion, shall be declared elected.
. In any such election, each elector shall be enti.
tled to a vote for as many persons as there are
vacancies to be filled, and no more. No elector
shall in such election cast more than one vote for
the same person.
In counting the vote, any ballot found to con-
tain a greater number of names for the office of
councilmen than the number of vacancies in the
council to be ruled shall be void, but no baUnt.
shall be void 'for containing a less[erl number of
names than is permitted hereby.
ATTACHMENT D
5/19/08 City Council/ Officers
May 19, Agenda item 5, Petetions
Roanoke City Council Agenda, Monday, May 19, 2008
5. PETITIONS AND COMMUNICATIONS:
a. A communication from Mayor C. Nelson Harris recommending that the
matter of having City Council elections become non-partisan be referred to
the Legislative Committee for possible inclusion in the City's 2008
Legislative Program.
Dear Mayor and Members of Council,
Request: Include in your request to the General Assembly permission to
hold elections in November of years when there are state elections.
Rational: City and town voter turnout in May elections is low. Cost to the
taxpayers for poll workers can be consolidated if elections were held in
November. Regional forums could provide dialog between elected leaders and
candidates for office in the county, cities and towns on Valley issues.
Please amend the Petition to provide for the city to move elections to November
when there are state elections.
Sincerely,
Barbara Duerk
2607 Rosalind Ave., S.W.
Roanoke, VA 24014
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 20, 2008
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 38084-051908 appropriating
. funds from the Commonwealth of Virginia for the Forfeited Criminal Assets
Grant, and amending and reordaining certain sections. of the 2007-2008 Grant
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~~.~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Troy A. Harmon, Municipal Auditor
Sherman M. Stovall, Director, Management and Budget
.."x 'J
~'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38084~051908.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Forfeited Criminal Assets Grant, amending and reordaining certain sections of
the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BElT 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
Training and Development
Revenues
Forfeited Criminal Assets Grant
Forfeited Criminal Assets Interest
35-150-5140-2044
$ 31,247
25,038
6,209
35-150-5140-7107
35-150-5140-7275
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: ~ (~
~~.~
~ity Clerk.
"AMONWEALTI+ OF VIRGI
GOr". @l '0, I NI;\-
~~
AREA CODE 540 TEL. No. 853-2626
FAX 853-1201
DONALD S. CALDWELL
COMMONWEALTH'S A HORNEY
CITY OF ROANOKE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCH AVENUE
ROANOKE, VIRGINIA 24016
May 19, 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:
Cash Assets Forfeited to the Roanoke Commonwealth
Attorney's Office
In an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal
government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be
returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime.
In July, 1991, the Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took
effect, providing that forfeited criminal assets may be returned to local police and prosecutors for use in the
fight against crime.
Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of
the Commonwealth's Attorney to be used for criminal law enforcement efforts.
In August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney
was established with an appropriation of $25,000.
Considerations:
Since August, 1991, the Office of the Commonwealth's Attorney has expended the $25,000 originally
appropriated, and periodically receives additional funds from the state's asset sharing program. Grant
requirements include that these funds be placed in an interest bearing account and the interest earned be
used in accordance with program guidelines. The initial revenue estimate has been revised several times to
reflect the additional funds received.
Revenues collected through February 29, 2008, for this grant are $288,752. The interest on this account
collected through February 29, 2008, is $29,893. Funding received .in excess of the current revenue
estimate totals $31,247, and needs to be appropriated before it can be expended for law enforcement.
Honorable Mayor and Members of Council
May 19, 2008
Page 2
Recommended Action(s):
Adopt the accompanying budget ordinance to increase the revenue estimates for Forfeited Criminal Assets
(35-150-5140-7107) and Forfeited Criminal Assets Interest (035-150-5140-7275) in the amounts of $25,038
and $6209 respectively, and appropriate funding to the Forfeited Criminal Assets accounts (35-150-5140) in
the Grant Fund as listed in Attachment 1.
Respectfully submitted,
~gu()
Roanoke City Commonwealth's Attorney
DSC:sj
Attachment
c: Darlene L. Burcham, City Manager
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
2044
Attachment 1
Training & Development
$31,247
TOTAL
$31,247
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
May 19, 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:
Cash Assets Forfeited to the
Roanoke Commonwealth
Attorney's Office
I concur with the recommendation from Donald S. Caldwell, Commonwealth
Attorney for the City of Roanoke, with respect to the subject reference above and
recommend that City Council adopt the budget ordinance to increase the revenue
estimates for Forfeited Criminal Assets and Forfeited Criminal Assets Interest in
the amounts of $25,038 and $6,209, respectively, and appropriate funding to the
Forfeited Criminal Assets accounts (35-150-5140) in the Grant Fund.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:ld
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
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
May 20, 2008
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 38085-051908 appropriating
funds from internal billings to City and School departments for. motor fuel
purchases,and amending and reordaining certain sections of the 2007-2008
Fleet Management Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage;
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Darlene L. Burcham, City Manager
James Grigsby, Assistant City Manager for Operations
Sherman M. Stovall, Director, Management and Budget
t
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38085-051908.
AN ORDINANCE to appropriate additional funding from internal billings to
City and School departments for motor fuel purchases amending and reordaining
certain sections of the 2007-2008 Fleet Management 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 Fleet Management Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Motor Fuel Purchases
Revenues
Billing for Motor Fuel
Billing for Motor Fuel - Schools
17 -440-2641-3013
$ 610,750
17 -11 0-1234-1279
17-110-1234-1275
402,398
208,352
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
~."
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: . Ii' \
City Clerkl '
\ -.'J ,
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
May 19, 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:
Fleet Management Fund
Budget Amendment
Background:
Funding in the amount of $1,754,611 was budgeted in the Fleet
Management Fund for the purchase of motors fuels in fiscal year 2008.
Due to recent escalation in the price of fuel over the last few months, it is
anticipated that our price for gasoline with be $3.50 per gallon and diesel
$4.00 per gallon by fiscal year end. Therefore, additional funding in the
amount of $610,750 will be needed for the remainder of the fiscal year to
provide for the purchase of motor fuels. Because the Fleet Management
Fund is an internal service fund and bills other funds of the City,
including the Roanoke City Public Schools, the additional appropriation
that will be needed will be supported by revenues in the same amount
which will be derived from billing to the City and School departments.
City departments and the Roanoke City Public Schools will manage
budgetary adjustments as needed internally to absorb their share of
these increased expenses.
The Honorable Mayor and Members of City Council
May 19, 2008
Page 2
Recommended Action:
Adopt the accompanying budget ordinance to increase the revenue
estimate in the Fleet Management Fund for motor fuel billings in the
amount of $610,750, as outlined below and appropriate funding of the
same in Fleet's Motor Fuel & Lubricant account 17-440-2641-3013.
Billings for Motor Fuels
Billings for Motor Fuels-Schools
17-110-1234-1279
17-110-1234-1275
$402,398
$208,352
Respectfully submitted,
Darlene Burcham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Assistant City for Operations
Sherman M. Stovall, Director, Department of Management and
Budget
CM08-00064
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 20, 2008
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I. am attaching copy of Budget Ordinance No. 38086-051908 transferring funds
to specific Art Commission agencies, and amending and reordaining certain
sections of the 2008-2009 General Fund Appropriations, and dispensing with
the second reading by title of this ordinance. .
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~0.~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
'(3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38086-051908.
AN ORDINANCE to transfer funding to specific Art Commission agencies, amending
and reordaining certain sections of the 2008-2009 General 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Subsidies
Mill Mountain Zoo
Virginia Museum of Transportation
Roanoke Symphony Society
West End Center for Youth
Mill Mountain Theatre
Opera Roanoke
Science Museum of Western Virginia
Roanoke Valley History Museum
Southwest Virginia Ballet
Young Audiences of Virginia
Arts Council of the Blue Ridge
Art Museum of Western Virginia
Downtown Music Lab
Harrison Museum/African American Culture
Monitoring
O. Winston Link Museum
Jefferson Center Foundation L TD
Arts Commission
01-300-5221-3700
01-300-5221-3701
01-300-5221-3714
01-300-5221-3736
01-300-5221-3745
01-300-5221-3749 .
01-300-5221-3762
01-300-5221-3774
01-300-5221-3776
01-300-5221-3794
01-300-5221-3802
01-300-5221-3909
01-300-5221-3910
01-300-5221-3912
01-300-5221-3913
01-300-5221-3914
01-300-5221-3941
01-300-5221-3944
01-300-5221-3961
(359,620)
23,000
30,200
38,300
19,210
14,100
15;600
63,000
13,200
.7,000
4,100
22,510
31,000
18,600
22,200
5,900
8,100
20,900
2,700
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
./ (~'" 1\ _ ,~" I,' ..-, \ ..',
ATTEST: 1. ri J i(~' \. ..'
~.(I':_'~.I"');.I~...~,.I..'-....'-
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"' .. .
. ity Clerk.
L
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, 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 21, 20G8
Arts Council of the Blue Ridge
20 East Church Avenue, Room 5
Roanoke, Virginia 24011
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $22,510.00 was approved for the Arts Council of the
Blue Ridge for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Melissa Murray at the Department of Economic Development, 117
Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard
to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Arts
Council of the Blue Ridge. It is hoped that the City's investment plays a significant
role in your ongoing progress and development.
Sincerely,
~O). d~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANm M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21 , 2008
Art Museum of Western Virginia
One Market Square, S. W.
Roanoke, Virginia 24011-1436
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Roanoke Arts Commission Agency Funding Advisory Committee with regard to
funding of certain agencies for fiscal year 2008-2009.
Funding in the amount of $31,000.00 was approved for the Art Museum of
Western Virginia for the fisc~1 year commencing July 1, 2008 and ending June 30,
2009. Please contact Melissa Murray at the Department of Economic
Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-
853-2715, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Art
Museum of Western Virginia. It is hoped that the City's investment plays a
significant role in your ongoing progress and development.
Sincerely,
~p).~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
KIAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIESDOC
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 21,2008
Mill Mountain Zoo
P. O. Box 13484
Roanoke, Virginia 24034
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $23,000.00 was approved for the Mill Mountain Zoo for
the fiscal year commencing July 1, 2008 and ending June 30, 2009. Please contact
Melissa Murray at the Department of Economic Development, 117 Church Avenue,
S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to disbursement
of funds.
The City of Roanoke values and appreciates the many contributions of the Mill
Mountain Zoo. It is hoped that the City's investment plays a significant role in
your ongoing progress and development.
Sincerely,
~d).~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
KIAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES. DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21,2008
Downtown Music Lab
108 Henry Street N. W.
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved the recommendations of the Roanoke
Arts Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $18,600.00 was approved for the Downtown Music Lab
for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Please
contact Melissa Murray at the Department of Economic Development, 117 Church
Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to
disbursement of funds.
The City of Roanoke values the many contributions of the Downtown Music Lab. It
is hoped that the City's investment plays a significant role in your ongoing
progress and development.
Sincerely,
~dJ.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K,IAGENDA CORRESPONDENCElAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES. DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
: May 21, 2008
Harrison Museum of African American Culture
P. O. Box 12544
Roanoke, Virginia 24026-2544
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Roanoke Arts Commission Agency Funding Advisory Committee with regard to
funding of certain agencies for fiscal year 2008-2009.
Funding in the amount of $22,200.00 was approved for the Harrison Museum of
African American Culture for the fiscal year commencing July 1, 2008 and ending
June 30, 2009. Please contact Melissa Murray at the Department of Economic
Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-
853-2715, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Harrison Museum of African American Culture. It is hoped that the City's
investment plays a significant role in your ongoing progress and development.
Sincerely,
~~r
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K,IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21,2008
Mill Mountain Theatre
One Market Square, S. W.
Roanoke, Virginia 24011
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $14,100.00 was approved for the Mill Mountain Theatre
for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Please
contact Melissa Murray at the Department of Economic Development, 117 Church
Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Mill
Mountain Theatre. It is hoped that the City's investment plays a significant role in
your ongoing progress and development.
Sincerely,
~'>J.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K;IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES. DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone; (540) 853-2541
Fax; (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21,2008
Opera Roanoke
The Dumas Center
108 First Street NW
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $15,600.00 was approved for Opera Roanoke for the
fiscal year commencing July 1, 2008 and ending June 30, 2009. Please contact
Melissa Murray at the Department of Economic Development, 117 Church Avenue,
S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Opera
Roanoke. It is hoped that the City's investment plays a significant role in .your
ongoing progress and development.
Sincerely,
~#1'
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:\AGENDA CORRESPONDENCElAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21,2008
Historical Society of Western Virginia
One Market Square, 3rd Floor
P. O. Box 1904
Roanoke, Virginia 24008
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $1 3,200.00 was approved for the Historical Society of
Western Virginia for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Melissa Murray at the Department of Economic
Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-
853-2715, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Historical Society of Western Virginia. It is hoped that the City's investment plays
a significant role in your ongoing progress and development.
Sincerely,
~ir).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 2'1, 2008
O. Winston Link Museum
101 Shenandoah Avenue, S. W.
Roanoke, Virginia 24016
Attention: Executive Director'
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $8,100.00 was approved for the O. Winston Link'
Museum for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Melissa Murray at the Department of Economic Development, 117
Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard
to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the.
O. Winston Link Museum. It is hoped that the City's investment plays a significant
role in your ongoing progress and development.
Sincerely,
~?f).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K,IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA R. TYREE
Assistaut Deputy City Clerk
May 21 , 2008
Roanoke Symphony Society
541 Luck Avenue, S. W., Suite 200
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $38,300.00 was approved for the Roanoke Symphony
Society for the fiscal year commencing July 1 , 2008 and ending June 30, 2009.
Please contact Melissa Murray at the Department of Economic Development, 117
Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard
to disbursement of funds.
The City of Roanoke values and. appreciates the many contributions of the
Roanoke Symphony Society. It is hoped that the City's investment plays a
significant role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
. SNH:ew
K:IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 19 2008 ARTS COMMISSION CORRESPONDENCE AGENCIES. DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
May 21,2008
Science Museum of Western Virginia
and Hopkins Planetarium
One Market Street, S. E.
Roanoke, Virginia 24011
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $63,000.00 was approved for the Science Museum of
Western Virginia for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Melissa Murray at the Department of Economic
Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-
853-2715, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Science
Museum of Western Virginia. It is hoped that the City's investment plays a
significant role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman
Deputy City Clerk
SN H: ew
K:\AGENDA CORRESPONDENCElAGENDA CORRESPONDENCE 08\MAY 08\MAY 19 2008 ARTS COMMISSION CORRESPONDENCE AGENCIES. DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANlli M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21, 2008
Virginia Museum of Transportation
303 Norfolk Avenue, S. W.
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recom'mendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $30,200.00 was approved for the Virginia Museum of
Transportation for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Melissa Murray at the Department of Economic
Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-
853-2715, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Virginia
Museum of Transportation. It is hoped that the City's investment plays a
significant role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:\AGENDA CORRESPONDENCElAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES. DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, 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
May 21,2008
Arts Council of the Blue Ridge
20 East Church Avenue, Room 5
Roanoke, Virginia 24011
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $5,900.00 was approved for monitoring of certain arts
agencies for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Melissa Murray at the Department of Economic Development, 117
Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard
to disbursement of funds.
Sincerely,
~ ?/;.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew'
K\AGENDA CORRESPONDENCElAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chnrch A venne, S. W., Snite 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
STEPHANIEM. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21,2008
Roanoke Arts Commission
c/o Susan Jennings, Public Arts Coordinator
Economic Development
117 Church Avenue, S. W.
Roanoke, Virginia 24015
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $2,700.00 was approved for Roanoke Arts Commission,
for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Please
contact Melissa Murray at the Department of Economic Development, 117 Church
Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Roanoke
Arts Commission. It is hoped that the City's investment plays a significant role in
your ongoing progress and development.
Sincerely,
~);.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 19 2008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21 , 2008
Jefferson Center Foundation L TD
541 Luck Avenue, S. W., Suite 221
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $20,900.00 was approved for the Jefferson Center
Foundation, L TD for the fiscal year commencing July 1 ,2008 and ending June 30,
2009. Please contact Melissa Murray at the Department of Economic
Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-
853-2715, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Jefferson Center Foundation, LTD. It is hoped that the City's investment plays a
significant role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 19 2008 ARTS COMMISSION CORRESPONDENCE AGENCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, 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
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21,2008
West End Center for Youth
P. O. Box 4562
Roanoke, Virginia 24015
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $19,210.00 was approved for the West End Center for
Youth for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Melissa Murray at the Department of Economic Development, 117
Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard
to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the West
End Center for Youth. It is hoped that the City's investment plays a significant
role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 19 2008 ARTS COMMISSION CORRESPONDENCE AGENCIES. DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
'Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21,2008
Southwest Virginia Ballet
P.O. Box 3275
Roanoke, Virginia 24015
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $7,000.00 was approved for the Southwest Virginia
Ballet for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Melissa Murray at the Department of Economic Development, 117
Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard
to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Southwest Virginia Ballet. It is hoped that the City's investment plays a significant
role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K,\AGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIESDOC
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
May 21,2008
Jefferson Center Foundation, LTD
541 Luck Avenue, S. W., Suite 221
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, Council approved recommendations of the Roanoke Arts
Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
. !
Funding in the amount of $20,900.00 was approved for the Jefferson Center
Foundation, L TO for the fiscal year commepcing July 1, 2008 and ending June 30,
2009. Please contact Melissa Murray at the Department of Economic
Development, 117 Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-
853-2715, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Jefferson Center Foundation, LTD. It is hoped that the City's investment plays a
significant role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:IAGENDA CORRESPONDENCEIAGENDA CORRESPONDENCE OB\MAY OB\MAY 19 2008 ARTS COMMISSION CORRESPONDENCE AGENCIESDOC
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38086-051908.
AN ORDINANCE to transfer funding to specific Art Commission agencies, amending
and reordaining certain sections of the 2008-2009 General 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Subsidies
Mill Mountain Zoo
Virginia Museum of Transportation
Roanoke Symphony Society
West End Center for Youth
Mill Mountain Theatre
Opera Roanoke
Science Museum of Western Virginia
Roanoke Valley History Museum
Southwest Virginia Ballet
Young Audiences of Virginia
Arts Council of the Blue Ridge
Art Museum of Western Virginia
Downtown Music Lab
Harrison Museum/African American Culture
Monitoring
O. Winston Link Museum
Jefferson Center Foundation L TD
Arts Commission
01-300-5221-3700
01-300-5221-3701
01-300-5221-3714
01-300-5221-3736
01-300-5221-3745
01-300-5221-3749
01-300-5221-3762
01-300-5221-3774
01-300-5221-3776
01-:300-5221-3794
01-300-5221-3802
o 1-300-~221-3909
01-300-5221-3910
01-300-5221-3912
01-300-5221-3913
01-300-5221-3914
01-300-5221-3941
01-300-5221-3944
01-300-5221-3961
(359,620)
23,000
30,200
38,300
19,210
14,100
15,600
63,000
13,200
7,000
4,100
22,510
31,000
18,600
22,200
5,900
8,100
20,900
2,700
Pursuant to the provisions of Section 12 ?f the.City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
O).~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue; S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 27, 2008
Young Audiences of Virginia
5577 Westbriar Court, S. W.
Roanoke, Virginia 24018
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held 'on
Monday, May 19, 2008, Council approved the recommendations of the Roanoke
Arts Commission Agency Funding Advisory Committee with regard to funding of
certain agencies for fiscal year 2008-2009.
Funding in the amount of $4,100.00 was approved for Young Audiences of,
Virginia for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Melissa Murray at the Department of Economic Development, 117
Church Avenue, S. W., Roanoke, Virginia 24011, or call 540-853-2715, with regard
to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Young
Audiences of Virginia. It is hoped that th~ City's investment plays a significant
role in your ongoing progress and development.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
K:IAGENDA CORRESPONDENCElAGENDA CORRESPONDENCE 08\MAY 08\MAY 192008 ARTS COMMISSION CORRESPONDENCE AGENCIES. 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
May 19, 2008
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Beverly T. Fitzpatrick
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: Recommendations of the
Roanoke Arts Commission
Background:
The Roanoke Arts Commission Agency Funding Advisory Committee budget in
the amount of $359,620 was established by City Council with the adoption of
the General Fund budget for FY 2008-09. Of this total amount, $2,700 was set
aside for the Arts Commission funding. The total amount represents an
increase in funding of $1,566 over last fiscal year. Requests from 16 agencies
(including the Arts Commission) totaling $555,405 were received as indicated
on Attachment A. Committee members studied each application prior to an
allocation meeting held March 18, 2008. Agencies were notified of tentative
allocations.
Recommended Action:
Transfer $359,620 as cited on Attachment A from the Roanoke Arts
Commission Agency Funding Advisory Committee, account 01-300-5221-3700,
to new line items to be established by the Director of Finance within the
Roanoke Arts Commission budget.
Respectfully submitted,
Darlene L. Burcham
City Manager
Honorable Mayor and Members of City Council
May 19, 2008
Page 2
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian Brown, Economic Development Administrator
CM08-00073
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 20, 2008
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 38088-051908 transferring funds
to specific Human Services Committee agencies, and amending and reordaining
certain sections of the 2008-2009 General Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~0.~
Sheila N. Hartman, CMC
Deputy City Clerk'
SNH:ew
Attachment
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human/Social Services.
o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38088-051908.
AN ORDINANCE to transfer funding to specific Human Services Committee agencies,
amending and reordaining certain sections of the 2008-2009 General 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows, in part:
Appropriations
Subsidies
YMCA - Y Achievers
YWCA - Focus Forward
Bradley Free Clinic
League of Older Americans - Meals on Wheels
Unified Human Services-Transportation (RADAR)
Council of Community Services - Info & Referral
Northwest Child Development Center
Roanoke Valley Speech & Hearing Center
TRUST House
West End Center
Adult Care Center
Conflict Resolution Center-Court Connect
Roanoke Adolescent Health Partnership
Court Appointed Special Advocate
Greenvale School
Blue Ridge Independent Living Center
Mental Health Association of RoanokeValley
Southwestern VA Second Harvest Food Bank
Planned Parenthood of the Blue Ridge
St. John's Community Youth Program
VA Skyline Girl Scouts Council
Presbyterian Community Center-Pathways for
Youth
01-630-5220-3700
01-630-5220-3708
01-630-5220-3709
01-630-5220-3721
01-630-5220-3722
01-630-5220-3725
01-630-5220-3732
01-630-5220-3734
01-630-5220-3738
01-630-5220-3740
01-630-5220-3745
01-630-5220-3746
01-630-5220-3748
01-630:5220-3767
01-630-5220-3775
01-630-5220-3780
01-630-5220-3781
01-630-5220-3784
01-630-5220-3788
'01-630-5220-3795
01-630-5220-3797
01-630-5220-3798
01-630-5220-3801
$ (598,030)
5,000
10,000
10,368
30,000
24,000
16,500
17,500
5,000
11,000
25,000
8,000
16,000
20,000
5,000
17,000
17,000
6,000
5,000
8,000
12,000
6,000
10,000
Presbyterian Community Center-Pathfinders
Children's Advocacy Center
Apple Ridge Farm
Family Service - ACTION
Family Service - Home Care
Family Service - Family & Individual Counseling
Family Service - Adults Plus
Blue Ridge Legal Services
Goodwill Industries of the Valleys, Inc.
Roanoke Valley Interfaith Hospitality Network
Salvation Army - Turning Point
Salvation Army - Emergency Shelter
CHIP - Family Strengthening Program
CHIP - Care Coordination Program
YMCA of Roanoke Valley - Magic Place
Council of Community Services - Monitoring
Council of Community Services - Non-Profit
Commonwealth Catholic Charities
City of Roanoke Dept of Social Services'
Roanoke Regional Chamber of Commerce
CHIP - Mental Health Services
01-630-5220-3903
01-630-5220-3915
01-630-5220-3917
01-630-5220-3919
01-630-5220-3920
01-630-5220-3921
01-630-5220-3922
01-630-5220-3923
01-630-5220-3926
01-630-5220-3927
01-630-5220-3929
01-630-5220-3930
01-630-5220-3932
01-630-5220-3933
01-630-5220-3934
01-630-5220-3940
01-630-5220-3946
01-630-5220-3960
01-630-5220-3963
01-630-5220-3964
01-630-5220-3965
5,000
9,000
20,000
25,000
17,000
18,000
15,000
12,000
15,000
8,000
16,500
10,000
24,000
24,000
7,662
12,000
15,000
9,000
27,500
5,000
19,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
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~ City Clenk.\'; .,.1.
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38087-051908 concurring in the
recommendations of the Human Services Advisory Board ("Board") for allocation
of City funds to various nonprofit agencies and performance audits for Fiscal
Year 2008-2009; authorizing the City Manager or her designee to execute any
required contracts with the recipient agencies for provision of services, and to
execute a contract with the Council of Community Services to perform the
necessary performance audits to evaluate the effectiveness and efficiency of all
funded programs.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008.
Sincerely,
~O).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew \
Attachment
pc: Pamela Kestner-Chappelear, President, Council of Community Services,
P. O. 598, Roanoke, Virginia 24004-0598
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human/Social Services
~~.
(Y2(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2008.
No. 38087-051908.
A RESOLUTION concurring in the recommendations of the Human Services Advisory
Board ("Board") for allocation of City funds to various nonprofit agencies and performance audits
for Fiscal Year 2008-2009; authorizing the City Manager or her designee to execute any required
contracts with the recipient agencies for provision of services, and to execute a contract with the
Council of Community Services to perform the necessary performance audits to evaluate the
effectiveness and efficiency of all funded programs.
WHEREAS, the Fiscal Year 2008-2009 budget approved by City Council'for the Human
Services Advisory Board provides for funding in the amount of $598,030.00;/
WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to
file applications with the Human Services Advisory Board;
WHEREAS, requests for City funding in the total amount of$932,202.00 were received by
the Human Services Advisory Board from forty (40) agencies;
WHEREAS, after studying each application and holding allocation meeting hearings, the
Board has recommended allocation of funding to certain applicant agencies for Fiscal Year 2008-
2009; and
WHEREAS, performance audits are to be conducted for each agency receiving funds through
the Committee to evaluate the effectiveness and efficiency of funded programs.
- . . .
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council concurs in the recommendations of the Human Services Advisory Board as to
the allocations for funding of various nonprofit agencies and performance audits for Fiscal Year
K:\council documents\R-HumanServices - Allocation of Funds FYOB-09.doc
\1
y
2008-2009 as more particularly set forth in the City Manager's letter dated May 19, 2008, to this
Council, and the attachment to that report.
2. The City Manager or her designee is authorized to 'execute a contract with the
qualified agencies for provision of their respective services, and to execute a contract with the
Council of Community Seryices to perform the necessary audits to evaluate the effectiveness and
efficiency of all funded programs; all such contracts to be approved ,as to form by the City Attorney.
ATTEST:
d;:i).~
/
K:\COUNCIL DOCUMENTSIR-HUMANSERVICES - ALLOCATION OF FUNDS FY08-09.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
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Council of Community Services
P. O. Box 598
Roanoke, Virginia 24004
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $12,000.00 was approved for the Council of
Community Services - Monitoring Services, for the fiscal year commencing
July 1, 2008 and ending June 30, 2009. Please contact Teresa McDaniel at the
Department of Social Services, 1510 Williamson Road, N. E., Roanoke, Virginia
24012, or call 540-853-2372, with regard to disbursement of funds.
Sincerely,
~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlAR. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
YMCA of Roanoke Valley, Inc.
520 Church Avenue, S. W.
Roanoke, Virginia 24009
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2008, City Council approved the recommendations of the Human Services
Committee with regard to funding of certain agencies for fiscal year 2008-2009.
Funding was approved for the YMCA of Roanoke Valley,lnc., for the fiscal year
commencing July 1, 2008 and ending June 30, 2009, for the following:
Magic Place
Y-Achievers
$ 7,662.00
$ 5,000.00
'.
Please contact Teresa McDaniel at the Department of Social Services, 1510 Williamson
Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the YMCA of
Roanoke Valley, Inc., to the citizens of Roanoke. It is hoped that the City's investment
will playa significant role in your ongoing progress and development.
Sincerely, ~
(2(k;L'0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANffi M. MOON, CMC
City Clerk
May 21, 2008
Roanoke Regional Chamber of Commerce
210 S. Jefferson Street,
Roanoke, Virginia 24012
Attention: Director
Ladies and Gentlemen:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $5,000.00 was approved for the Roanoke Regional
Chamber of Commerce - Building Children's Future for the fiscal year
commencing July 1, 2008 and ending June 30, 2009. Please contact Teresa
McDaniel at the Department of Social Services, 1510 Williamson Road, N. Eo,
Roanoke, Virginia 24012, or call 540-853-2372, with regard to disbursement of
funds.
The City of Roanoke values and appreciates the many contributions of the
Roanoke Regional Chamber of Commerce to the citizens of Roanoke. It is
hoped that the City's investment will playa significant role in your ongoing
progress and development.
SNH:ew
May 19 2008 human services committee let. doc
Sincerely,
~.
Sheila N. Hartman, CMC
Deputy City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21,2008
The Salvation Army
724 Dale Avenue, S. E.
Roanoke, Virginia 24013
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 21, 2008, City Council approved the recommendations of the Human Services
Committee with regard to funding of certain agencies for fiscal year 2008-2009.
Funding was approved for The Salvation Army for the fiscal year commencing July 1,
2008 and ending June 30, 2009, for the following programs:
Turning Point
Red Shield Emergency Shelter
$16,500.00
$10,000.00
Please contact Teresa McDaniel at the Department of Social Services, 1510 Williamson
Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of The Salvation
Army to the citizens of Roanoke. It is hoped that the City's investment will playa
significant role in your ongoing progress and development.
Sincerely,
~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853.1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECE.LIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21, 2008
Commonwealth Catholic Charities
820 Campbell Avenue, S. W.
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
. year 2008-2009.
Funding in the amount of $9,000.00 was approved for the Commonwealth
Catholic Charities for the fiscal year commencing July 1, 2008 and ending
June 30, 2009. Please contact Ter~sa McDaniel at the Department of Social
Services, 1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-
853-2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Commonwealth Catholic Charities to the citizens of Roanoke. It is hoped that
the City's investment will playa significant role in your ongoing progress and
development.
Sincerely,
~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Children's Advocacy Center;
541 Luck Avenue, S. W., Suite 308
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $9,000.00 was approved for the Children's Advocacy
Center - Parenting Education Classes for the fiscal year commencing July 1,
2008 and ending June 30,' 2009. Please contact Teresa McDaniel at the
Department of Social Services, 1 510 Williamson Road, N. E., Roanoke, Virginia
24012, or call 540-853-2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Children's Advocacy Center to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development.
Sincerely,
~0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145'
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
;.
May 21, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Council of Community Services
P. O. Box 598
Roanoke, Virginia 24004
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
M.onday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $31,500.00 ($16,500.00, 211 VA and $15,000.00 Non-
Profit Resource Center) was approved for the Council of Community Services -
Information and Referral for the fiscal year commencing July 1, 2008 and ending
June 30, 2009. Please contact Teresa McDaniel at the Department of Social
Services, 1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-
2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Council
of Community Services to the citizens of Roanoke. It is hoped that the City's
investment will playa significant role in your ongoing progress and development.
Sincerely,
~0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21, 2008
. SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Mental Health Association of Roanoke Valley
10 E. Church Avenue, Suite 300
Roanoke, Virginia 24011
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $6,000.00 was approved for Mental Health Association of
Roanoke Valley - Mental Health Collaborative for the fiscal year commencing July 1,
2008 and ending June 30, 2009. Please contact Teresa McDaniel at the Department
of Social Services, 1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call
540-853-2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Mental
Health Association of Roanoke Valley to the citizens of Roanoke. It is hoped that
the City's investment will play a significant role in your ongoing progress and
development.
Sincerely;
~0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Child Health Investment Partnership
of Roanoke Valley
1201 Third Street, S. W.
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2008, City Council approved the recommendations of the Human Services
Committee with regard to funding of certain agencies for fiscal year 2008-2009.
Funding was approved for Child Health Investment Partnership of Roanoke Valley for
the fiscal year commencing July 1, 2008 and ending June 30, 2009, for the following:
Family Strengthening Program
Care Coordination Program
Mental/Health Services
$24,000.00
$24,000.00
$19,000.00
Please contact Teresa McDaniel at the Department of Social Services, 1510 Williamson
Road, N. L, Roanoke, Virginia 24012, or call 540-853-2372, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Child Health
Investment Partnership of Roanoke Valley to the citizens of Roanoke. It is hoped that
the City's investment will play a significant' role in your ongoing progress and
development.
Sincerely,
~);.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE _
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Family Services of Roanoke Valley
360 Campbell Avenue, S. W.
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19,.2008, City Council approved the recommendations of the Human Services
Committee with regard to funding of certain agencies for fiscal year 2008-2009.
Funding was approved for Family Services of Roanoke Valley for the fiscal year
commencing July 1, 2008 and ending June 30, 2009, for the following:
ACTION
Home Care Aide
Family and Individual Counseling
Adults Plus
$25,000.00
$17,000.00
$18,000.00
$15,000.00
Please contact Teresa McDaniel at the Department of Social Services, 1510 Williamson
Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Family Services
of Roanoke Valley to the citizens of Roanoke. It is hoped that the City's investment will
playa significant role in your ongoing progress and development.
Sincerely,
~'>l.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
May 21, 2008
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Conflict Resolution Center
P. O. Box 1185
Roanoke, Virginia 24006
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $16,000.00 was approved for the Conflict Resolution
Center - Court Connected Mediation for the fiscal year commencing July 1,
2008 and ending June 30, 2009. Please contact Teresa McDaniel at the
Department of Social Services, 1510 Williamson Road, N. E., Roanoke, Virginia
24012, or call 540-853-2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Conflict Resolution Center to the citizens of Roanoke. It is hoped that the City's
investment will play a significant role in your ongoing progress and
development.
Sincerely,
~>z.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
RADAR
P. O. Box 13825
Roanoke, Virginia 24037
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $24,000.00 was approved for RADAR for the fiscal year
commencing July 1, 2008 and ending June 30, 2009; Please contact Teresa
McDaniel at the Department of Social Services, 1510 Williamson Road, N. E.,
Roanoke, Virginia 24012, or call 540-853-2372, with regard to disbursement of
funds.
The City of Roanoke values and appreciates the many contributions of RADAR to
the citizens of Roanoke. It is hoped that the City's investment will playa significant
role in your ongoing progress and development.
Sincerely,
~qL
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Greenvale School, Inc.
627 Westwood Boulevard, N. W.
Roanoke, Virginia 24017
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $17,000.00 was approved for the Greenvale School, Inc.,
for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Please
contact Teresa McDaniel at the Department of Social Services, 1 510 Williamson
Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Greenvale School, Inc., to the citizens of Roanoke. It is hoped that the City's
investment will playa significant role in your ongoing progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
St. John's Community Youth Program, Inc.
P. O. Box 257
Roanoke, Virginia 24002
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $12,000.00 was approved for St. John's Community
Youth Program, Inc., for the fiscal year commencing July 1, 2008 and ending
June 30, 2009. Please contact Teresa McDaniel at the Department of Social
Services, 1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-
2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the St. John's
Community Youth Program, Inc., to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development.
Sincerely,
~Jt.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
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. TYREE
Assistant Deputy City Clerk
May 21,2008
Presbyterian Community Center
1228 Jamison Avenue, S. E.
Roanoke, Virginia 24013
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $5,000.00 was approved for the Presbyterian
Community Center - Pathfinders for the fiscal year commencing July 1, 2008
and ending June 30, 2009. Please contact Teresa McDaniel at the Department
of Social Services, 1510 Williamson Road, N. E., Roanoke, Virginia 24012, or
call 540-853-2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Presbyterian Community Center to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development.
Sincerely,
~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21,2008
Local Office on Aging
P. O. Box 14205
Roanoke, Virginia 24016
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $30,000.00 was approved for the Local Office on Aging
for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Please
contact Teresa McDaniel at the Department of Social Services, 1 510 Williamson
Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with regard to
disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Local
Office on Aging to the citizens of Roanoke. It is hoped that the City's investment
will playa significant role in your ongoing progress and development.
Sincerely,
~lJ).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21, 2008
SHEILA N. HARTMAN, CMC
. Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Blue Ridge Legal Services, Inc.
P.O.Box551
Harrisonburg, Virginia 22803
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $12,000.00 was approved for Blue Ridge Legal
Services, Inc., for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372,
with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Blue
Ridge Legal Services, Inc., to the citizens of Rqanoke. It is hoped that the City's
investment will play a significant role in your ongoing progress and
development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Apple Ridge Farm
541 Luck Avenue, S. W., Suite #304
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $20,000.00 was approved for Apple Ridge Farm -
Aspire 2016 for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372,
with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Apple
Ridge Farm to the citizens of Roanoke. It is hoped that the City's investment
will playa significant role in your ongoing progress and development.
Sincerely,
~d-;.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
YWCA of Roanoke Valley
605 1st Street, S. W.
Roanoke, Virginia 24011
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $10,000.00 was approved for the YWCA of Roanoke
Valley - Focus Forward for the fiscal year commencing July 1, 2008 and ending
June 30, 2009. Please contact Teresa McDaniel at the Department of Social
Services, 1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-
2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the YWCA of
Roanoke Valley to the citizens of Roanoke. It is hoped that the City's investment
will playa significant role in your ongoing progress and development.
Sincerely,
~0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21, 2008
Presbyterian Community Center
1228 Jamison Avenue, S. E.
Roanoke, Virginia 24013
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $10,000.00 was approved for the Presbyterian
Community Center - Pathways for Youth for the fiscal year commencing July 1,
2008 and ending June 30, 2009. Please contact Teresa McDaniel at the
Department of Social Services, 1 510 Williamson Road, N. E., Roanoke, Virginia
24012, or call 540-853-2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Presbyterian Community Center to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development.
Sincerely,
~;J).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Blue Ridge Independent Living Center
1 502 B Williamson Road, N. E.
Roanoke, Virginia 24012-5125
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $1 7,000.00 was approved for the Blue Ridge Independent
Living Center for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with
regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Blue
Ridge Independent Living Center to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development.
Sincerely,
QJ.uL0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Court Appointed Special Advocates (CASA)
541 Luck Avenue, S.W., Suite 310
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19; 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal.year 2008-
2009.
Funding in the amount of $5,000.00 was approved for the Court Appointed Special
Advocates for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with
regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Court
Appointed Special Advocates to the citizens of Roanoke. It is hoped that the City's
investment will playa significant role in your ongoing progress and development.
Sincerely,
~};.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Girl Scouts of Virginia Skyline Council
3663 Peters Creek Road, N. W.
Roanoke, Virginia 24019
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May, 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $6,000.00 was approved for Girl Scouts of Virginia
Skyline Council for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372,
with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Girl
Scouts of Virginia Skyline Council to the citizens of Roanoke. It is hoped that
the City's investment will playa significant role in your ongoing progress and
development.
Sincerely,
~c);.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Roanoke Adolescent Health Partnership
P. O. Box 12712
Roanoke, Virginia 24027-2712
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Se.rvices Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $20,000.00 was approved for the Roanoke Adolescent
Health Partnership for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with
regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Roanoke
Adolescent Health Partnership to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development. .
Sincerely,
~d;.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA RTYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Goodwill Industries of the Valley, Inc.
2520 Melrose Avenue, N. W.
Roanoke, Virginia 24017
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $15,000.00 was approved for Goodwill Industries of
the Valley, Inc., for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372,
with regard to disbursement of funds.
The City of Roanoke values the many contributions of Goodwill Industries of the
Valley, Inc., which are rendered on behalf of the citizens of Roanoke. It is
hoped that the City's investment will playa significant role in your ongoing
progress and development.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21, 2008
Adult Care Center of Roanoke Valley, Inc.
1970 Roanoke Boulevard
Veterans Administration Center
Building 76-1
Salem, Virginia 24153
Attention: Executive Director
Ladies and Gentlemen:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $8,000.00 was approved for the Adult Care Center -
Adult Day Care for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with
regard to disbursement of fun.ds.
The City of Roanoke values and appreciates the many contributions of the Adult
Care Center of Roanoke Valley, Inc., to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development.
SNH:ew
May 19 2008 human services committee let.doc
Sincerely,
c;zi;;L~.
Sheila N. Hartman, CMC
Deputy 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 21,2008
West End Center for Youth
1223 Patterson Avenue, S. W.
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009. I
Funding in the amount of $25,000.00 was approved for the West End Center for
Youth for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with
regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the West End
Center for Youth to the citizens of Roanoke. It is hoped that the City's investment
will playa significant role in your ongoing progress and development.
Sincerely,.
~0-
Sheila N.Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21,2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Planned Parenthood of the Blue Ridge
2207 Peters Creek Road, N. W.
Roanoke, Virginia 24017
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting, of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $8,000.00 was approved for Planned Parenthood of the
Blue Ridge for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with
regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of Planned
Parenthood of the Blue Ridge to the citizens of Roanoke. It is hoped that the City's
investment will playa significant role in your ongoing progress and development.
Sincerely,
Cliu:L ~ F
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let 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
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Roanoke Valley Speech & Hearing Center
2030 Colonial Avenue, S. W.
Roanoke, Virginia 24015
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 21, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $5,000.00 was approved for the Roanoke Valley Speech &
Hearing Center for the fiscal year commencing July 1, 20.08 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012,. or call 540-853-2372, with
regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the Roanoke
Valley Speech & Hearing Center to the citizens of Roanoke. It is hoped that the
City's investment will play a significant role in your ongoing progress and
development.
Sincerely,
~~,
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
May 21, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
TRUST
404 Elm Avenue, S. W.
Roanoke, Virginia 24016
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $11 ,000.00 was approved for TRUST - Emergency Shelter
and Transitional Housing for the fiscal year commencing July 1, 2008 and ending
June 30, 2009. Please contact Teresa McDaniel at the Department of Social
Services, 1 51 0 Williams~:>n Road, N. E., Roanoke, Virginia 24012, or call 540-853-
2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of TRUST -
Emergency Shelter and Transitional Housing to the citizens of Roanoke. It is hoped
that the City's investment will playa significant role in your ongoing progress and
development.
Sincerely,
~-q.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21 , 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Bradley Free Clinic
1240 Third Street, S. W.
Roanoke, Virginia 24016
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $10,368.00 was approved for the Bradley Free Clinic for
the fiscal year commencing July 1, 2008 and ending June 30, 2009. Please contact
Teresa McDaniel at the Department of Social Services, 1510 Williamson Road,N. E.,
Roanoke, Virginia 24012, or call 540-853-2372, with regard to disbursement of
funds.
The City of Roanoke values and appreciates the many contributions of the Bradley
Free Clinic to the citizens of Roanoke. It is hoped that the City's investment will
playa significant role in your ongoing progress and development.
Sincerely,
C)J.dL 0;.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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
May 21,2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Roanoke Valley Interfaith Hospitality Network
~ 1970 Roanoke Boulevard
Building 25 A
Salem, Virginia 241 53
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $8,000.00 was approved for the Roanoke Valley
Interfaith Hospitality Network - Case Management Program for the fiscal year
commencing July 1, 2008 and ending June 30, 2009. Please contact Teresa
McDaniel at the Department of Social Services, 1510 Williamson Road, N. E.,
Roanoke, Virginia 24012, or call 540-853-2372, with regard to disbursement of
funds.
The City of Roanoke values and appreciates the many contributions of the
Roanoke Valley Interfaith Hospitality Network to the citizens of Roanoke. It is
hoped that the City's investment will playa significant role in your ongoing
progress and development.
Sincerely,
~~~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
"Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 21,2008
The Northwest Child Development Center
1523 Melrose Avenue, N. W.
Roanoke, Virginia 24017
Attention: Executive Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $17,500.00 was approved for the Northwest Child
Development Center for the fiscal year commencing July 1, 2008 and ending June
30, 2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372, with
regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Northwest Child Development Center to the citizens of Roanoke. It is hoped that
the City's investment will play a significant role in your ongoing progress and
development.
Sincerely,
~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.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: derk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 21,2008
Southwest Virginia Second
Harvest Food Bank
1025 Electric Road
Salem, Virginia 24153
Attention: Executive Director
Ladies and Gen'tlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the Human
Services Committee with regard to funding of certain agencies for fiscal year 2008-
2009.
Funding in the amount of $5,000.00 was approved for the Southwest Virginia
Second Harvest Food Bank for the fiscal year commencing July 1, 2008 and ending.
June 30, 2009. Please contact Teresa McDaniel at the Department of Social
Services, 1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-
2372, with regard to disbursement of funds.
The City of Roanoke values and appreciates the many contributions of the
Southwest Virginia Second Harvest Food Bank to the citizens of Roanoke. It is
hoped that the City's investment will play a significant role in your ongoing
progress and development.
Sincerely,
~ ?J;.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, 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 21, 2008
Department of Social Services
1510 Williamson Road, N. E.
Roanoke, Virginia 24012
Attention: Director
Ladies and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, City Council approved the recommendations of the
Human Services Committee with regard to funding of certain agencies for fiscal
year 2008-2009.
Funding in the amount of $27,500.00 was approved for the Department of
Social Services for the fiscal year commencing July 1, 2008 and ending June 30,
2009. Please contact Teresa McDaniel at the Department of Social Services,
1510 Williamson Road, N. E., Roanoke, Virginia 24012, or call 540-853-2372,
with regard to disbursement of funds.
Sincerely,
~ ?J).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
May 19 2008 human services committee let.doc
o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38088-051908.
AN ORDINANCE to transfer funding to specific Human Services Committee agencies,
amending and reordaining certain sections of the 2008-2009 General 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows, in part:
Appropriations
Subsidies
YMCA- Y Achievers
YWCA - Focus Forward
Bradley Free Clinic
league of Older Americans - Meals on Wheels
Unified Human Services -Transportation (RADAR),
Council of Community Services - Info & Referral
Northwest Child Development Center
Roanoke Valley Speech & Hearing Center
TRUST House
West End Center
Adult Care Center
Conflict Resolution Center-Court Connect
Roanoke Adolescent Health Partnership
Court Appointed Special Advocate
Greenvale School
Blue Ridge Independent living Center
Mental Health Association of Roanoke Valley
Southwestern VA Second Harvest Food Bank
Planned Parenthood of the Blue Ridge
Sf. John's Community Youth Program
VA Skyline Girl Scouts Council
Presbyterian Community Center-Pathways for
Youth
01-630-5220-3700
01-630-5220-3708
01-630-5220-3709
01-630-5220-3721
01-630-5220-3722
01-630-5220-3725
01-630-5220-3732
01-630-5220-3734
01-630-5220-3738
01-630-5220-3740.
01-630-5220-3745
01-630-5220-3746
01-630-5220-3748
01-630~5220-3767
01-630-5220-3775
01-630-5220,.3780
01-630-5220-3781
01-630-5220-3784
01-630-5220-3788
01-630-5220-3795
01-630-5220-3797
01-630-5220-3798
01-630-5220-3801
$ (598,030)
5,000
10,000
10,368
30,000
24,000
16,500
17,500
5,000
11,000
25,000
8,000
16,000
20,000
5,000
17,000
17,000
6,000
5,000
8,000
12,000
6,000
10,000
Presbyterian Community Center-Pathfinders
Children's Advocacy Center
Apple Ridge Farm
Family Service - ACTION
Family Service - Home Care
Family Service - Family & Individual Counseling
Family Service - Adults Plus
Blue Ridge Legal Services
Goodwill Industries of the Valleys, Inc.
Roanoke Valley Interfaith Hospitality Network
Salvation Army - Turning Point
Salvation Army - Emergency Shelter
CHIP - Family Strengthening Program
CHIP - Care Coordination Program
YMCA of RoanokeValley- Magic Place
Council of Community Services - Monitoring
Council of Community Services --, Non-Profit
Commonwealth Catholic Charities
City of Roanoke Dept of Social Services'
Roanoke Regional Chamber of Commerce
CHIP - Mental Health Services
01-630-5220-3903
01-630-5220-3915
01-630-5220-3917
01-630-5220-3919
01-630-5220-3920
01-630-5220-3921
01-630-5220-3922
01-630-5220-3923
01-630-5220-3926
01-630-5220-3927
01-630-5220-3929
01-630-5220-3930
01-630-5220-3932
01-630-5220-3933
01-.630-5220-3934
01-630-5220-3940
01-630-5220-3946
01-630-5220-3960
01-630.;.5220-3963
01-630-5220-3964
01-630-5220-3965
5,000
9,000
20,000
25,000
17,000
18,000
15,000
12,000
15,000
8,000
16,500
10,000
24,000
24,000
7,662
12,000
15,000
9,000
27,500
5,000
19,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
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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
May 19, 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:
Recommendations of Human
Services Advisory Board for
Funding of Qualified Agencies
for Fiscal Year 2008-2009
Background:
The Human Services Advisory Board budget in the amount of $598,030 was
established by City Council with the adoption of the General Fund budget for
fiscal year 2008-09. Requests from 40 agencies (50 programs) totaling
$932,202 were received as indicated on Attachment A. Advisory Board
members studied each application prior to meetings held on March 18, April
15, and April 24, 2008 to discuss funding allocations. Agencies were notified
of tentative allocations and advised they could appeal these recommendations.
The Board heard appeals on May 8, 2008, from TAP Women's Resource Center,
Roanoke Area Ministries, Big Brothers-Big Sisters, Bethany Hall, Northwest Child
Development Center, and Brain Injury Services. After hearing the appeals,
Northwest Child DeveloPrl'!~ntJ:enter was awarded $2,500 additional funding.
Roanoke Area Ministries.L:}f~s~!; 'declined to participate in the Homeless
Management Information System; therefore, the funds they requested for their
Emergency Financial Assistance program have been awarded to the City of
Roanoke Department of Social Services to assist with providing eviction
prevention services and utility cut-offs.
Honorable Mayor and Members of City Council
May 19, 2008
Page 2
Performance audits will be conducted by the Council of Community Services to
evaluate the effectiveness and efficiency of all funded programs.
Recommended Action(s):
Authorize the City Manager to execute any contracts required with the recipient
agencies, such contracts to be approved as to form by the City Attorney.
Transfer $598,030 from the Human Services Advisory Board account 01-630-
5220-3700 to new line items to be established within the Human Services
Advisory Board budget by the Director of Finance as cited on Attachment A.
Respectfully submitted,
ok
Darlene L. Bur
City Manager
DLB:tem
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
Sherman M. Stovall, Director of Management and Budget
Jane R. Conlin, Director of Human/Social Services
CM08-00076
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Talking Points for Roano e City
Council Meeting
May 19,2008
./
First of alii would like to thank you
City Council, the City Manager,
staff and volunteers for your
support to .the Southwestern
Virginia Second Harvest Food.
Bank. .
I am here today to present a
request to you regarding our
Roanoke City Annual Funding.
.. ..Ihe recommendation from the
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Advisory Committee I feel is unfair
in comparison to our services
rendered to the City of Roanoke.
We feel we are being penalized
for our complicated budgeting
process, that unfortunately due to
our purchase of our new facility,
the capital campaign revenues
and expenditures and restricted
funds _ were ~P~~lS1IJol the
budget application form. :
. We experienced this issue for
. the first time last year and were
decreased in funding by 50%.
.1
We did appeal last year to the
committee however the
recommendation from the
committee was not overturned.
*We worked very hard this year
meeting with staff trying to
resolve some of the previous
issues but did not seem to gain
a.ny additional understanding
regarding the budget form, so.
therefore the recommendation
from the committee was to
reduce our funding an
additional $2,500 for an award
of $5,000.
, .
'.
*Our budget reflected surpluses
that were really not there and
included restricted funds of
$353,000.
Our actual deficit including
these funds was $187,792 last
year 06-07 and a net deficit
including this year to date of
$64,000.
Services rendered to Roanoke
City
.1'
. We provided 1.8 million Ibs of
food to 1 04 Roanoke City
.
agencies
. 1 04 represents 43% of all
agencies served out of the
Roanoke Branch
. 1 .8 million represents 35% of the
total pounds going out of
Roanoke Branch
. With that food they served
37,503 unduplicated individuals
Ou-(L 6& ~
. TRey served 1, 335,433 meals
o , f I
"
. We provide the bulk of the
food to these agencies
.
· This provides only 29% of our
operating expenses
· We have to raise the other 71%
for operational expenses
of .. , ~
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38089-051908 authorizing the City to
indemnify and hold harmless the Jefferson Center Foundation, as a condition of
a rental agreement for the Renovate Roanoke Conference; and authorizing the
execution of any necessary documents.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19,.2008.
Sincerely,
~O).~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Thomas N. Carr, Director of Planning Building and Development
Angie Williamson, Housing Development Specialist
~~
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38089~051908.
A RESOLUTION authorizing the City to indemnify and hold harmless the Jefferson Center
Foundation, as a condition of a rental agreement for the Renovate Roanoke Conference; and
authorizing the execution of any necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute a rental agreement with the Jefferson Center
Foundation which includes a provision to indemnify and hold the Foundation harmless for any injuries,
deaths, or damages suffered by anyone using the Jefferson Center in connection with Renovate
Roanoke Conference on October 10 and 11,2008, as more particularly set forth in the City Manager's
letter to Council dated May 19, 2008.
2. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, in a form approved by the City Attorney, any necessary documents to
rent the Jefferson Center for the subject dates.
ATTEST:
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K:\Measures\indemnify and hold harmless jefferson center for renovate roanoke 2008,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
May 19, 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:
Rental Agreement for
Renovate Roanoke
Background:
The City is planning to sponsor Renovate Roanoke, An Old Home Renovation Fair,
on Friday and Saturday, October 10 and 11, 2008, at the Jefferson Center. The
Jefferson Center requires that the City execute an agreement in order to use its
facility. This agreement contains a provision which requires that the City agree to
indemnify and hold harmless the Jefferson Center and to defend it, in the event
that anyone is injured or anything is damaged during the City's use of the
premises. Only City Council can waive the City's sovereign immunity and agree to
such a provision. The Jefferson Center is not willing to delete this provision. An
agreement with similar terms was reached with the Jefferson Center for the
Renovate Roanoke program held in October 2007.
Recommended Action:
Approve the attached resolution to authorize a waiver of the City's sovereign
immunity and authorize the City Manager to execute the agreement, such
agreement to be approved as to form by the City Attorney.
arlene L. Bur
City Manager
Honorable Mayor and Members of City Council
May 19, 2008
Page 2
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Tom Carr, Director of Planning Building and Development
Angie Williamson, Housing Development Specialist
CM08-00065
Jefferson Center Foundation Ltd.
541 Luck Avenue, Suite 221
Roanoke, VA 24016
RENTAL UCENSE AGREEMENT
THIS AGREEMENT IS MADE THIS 14th
Jefferson Center Foundation Ltd., hereinafter referred
City of Roanoke - Renovate Roanoke hereinafter referred to as "Licensee."
day
to
of
as
March,
'Jefferson
2008 between
Center" and
IN CONSIDERATION of the mutual covenants contained in this Agreement, Jefferson Center and licensee agree to the
following:
· Terms and Conditions: Jefferson Center License Agreement Terms and Conditions, attached hereto, (<<Terms and
Conditions") are hereby incorporated into this Agreement. Licensee hereby acknowledges that he/she has read and
understands the Terms and Conditions.
· Licensed Space: Jefferson Center grants to Licensee pennission to use the portions of the Jefferson Center outlined in
paragraph 13. In addition, licensee has access along with the tenants and other guests of Jefferson Center, to the
common areas of Jefferson Center ("Premises.") If Licensee or its agents are using the Premises when the term of this
Agreement expires, Jefferson Center may, in its sole discretion, allow the continued use of the Premises and Licensee
agrees to pay Jefferson Center an Overtime Charge (overtime is 1.5 times daily hourly rate) for each hour, or part
thereof, that the Premises are used following the stated end time of the Event (hereinafter defined). At any time
following the end of the stated end time for the Event, Jefferson Center may end the Event by turning on the
auditorium lights, tunling off the stage lights and sound equipment, closing stage curtain, and any other means deemed
necessary by Jefferson Center to end the Event notwithstanding the fact that Jefferson Center may have allowed
Licensee the continued use of the Premises past the stated end time of the Event.
· Purpose: Licensee shall use this space, for the sole purpose of Renovate Roanoke hereinafter referred to as "Event.
· Terms of Use: Licensee is granted the privilege of occupation and use of the following premises only on the day(s) and
at the time(s) stated herein:
Jefferson Center
Jefferson Center
October 10,2008
October U, 2008
conference
Conference
$1500.00
$3100.00
The Basic Facilities Fee as defined in the Terms and Conditions shall be $4600.00+ sales tax = $4600.00: (See Addendum "A"
Shaftman Performance Hall at Jefferson Center fee structure).
Licensee shall pay to Shaftman Performance Hall at Jefferson Center an initial non-refundable deposit of (50%) in the amount of
$2300.00 in form acceptable to Shaftman Performance Hall at Jefferson Center with the return of this properly executed
Agreement to Shaftman Performance Hall at Jefferson Center. Licensee shall return signed contract and 50% deposit check for
$2300.00 to Jefferson CenteJ: on or before May 9, 2008.
Licensee agrees to pay Shaftman Performance Hall at Jefferson Center the remaining (50%) balance $2300.00 of the Basic
Facilities Fee fourteen days prior to Licensee Event. Licensee shall submit final 50% balance $2300.00 on or before September
26, 2008. If the Basic Facility Fees have not been paid in full by September 26, 2008, the outstanding balance will be due
immediately by certified check, money order or cash only. Failure to make such payments will result in cancellation of "Event"
with the loss of deposit.
Licensee shall pay any Supplemental Charges to Shafunan Performance Hall at Jefferson Center within five days of receipt of
Shaftman Performance Hall at Jefferson Center's Event Invoice. licensee must submit final Supplemental Charges balances on
or before October 17, 2008.
I
Revised 7-1-07
Licensee agrees that all deposits, Basic Facilities Fees and Supplemental Fees are non-refundable. Payments of all Basic
Facilities Fees and Supplemental Charges and other sums due Jefferson Center from Licensee under this agreement are due and
payable as outlined in this agreement Jefferson Center is not obligated to make the premises available to Licensee on the date of
Licensee's event if Licensee has not made payments, or if other material requirements of the agreement are not met. licensee is
responsible for paying aU applicable admissions taxes on tickets sold, in accordance with this agreement. Licensee shall
be responsible for requirements listed in Addendum "0". See Addendum "0" (Licensee Ticket Fee Structure).
Licensee shall provide general liability insurance in accordance with the Terms and Conditions.
Licensee shall provide to Jefferson Center for the purpose of audience safety: (5) assigned tickets for the purpose of audience
safety (Orchestra Seats A14, A15, A16, Yll & Y14) to Jefferson Center for each performance of every Event in Shaftman
Performance Hall. For ticketed events Licensee shall provide 1% of the house to Jefferson Center.
Parking: Jefferson Center retains control of all Jefferson Center parking lots and facilities and shall operate and control all parking
at its sole discretion. Subject to availability, parking in any Jefferson Center parking lot shall be free to all ticket purchasers for
this event. Licensee has the responsibility to inform Jefferson Center of anticipated audience and special needs forty-eight hours
in advance of the Licensee Event.
Jefferson Center Foundation Ltd.
LICENSEE
BY:
BY:
TITLE: Chief Operating Officer
TITLE:
DATE:
DATE:
2
Revised 10-1-07
SHAFTMAN PERFORMANCE HAll-AT JEFFERSON CENTER UCENSE AGREEMENT TERMS AND CONDITIONS
1. Fee Terms, Expenses and Charges: licensee shall pay to Jefferson Center the cumulative total of all expenses, fees and
charges which may arise out of Licensee's use of the Premises, including, without limitation, the "Basic Facilities Fee" and
"Supplemental Charges" defined below:
A. Basic Facilities Fee: Licensee agrees to pay Jefferson Center a "Basic Facilities Fee" for Licensee's use of the
Premises. "Basic Facilities Fee" shall be defined as the fee for the use of the Premises and the other basic services
described in paragraph 13 of this Agreement.
B. Supplemental Charges: licensee agrees to pay to Jefferson Center all "Supplemental Charges." "Supplemental
Charges" shall be defined as the cumulative total owed to Jefferson Center for facilities, services and out-of-pocket
expenses furnished by Jefferson Center to Licensee in addition to Basic Facilities as described in paragraph 13 of this
Agreement. Such charges shall be based upon a Rate Card on file with the Administration of Jefferson Center. Such
charges are subject to change without notice to Licensee and shall be Licensee's responsibility to acquire updated
Rate Card from Administration of Jefferson Center. Out-of-pocket expenses include, without limitation, payment of
supervisory staff, stagehands, box office services, box office staff, ticket takers, ushers, ticket printing, equipment
rental, parking services, police and security, building or property damage, catering services, Bowers, or any other
vendor services required for Licensee Event. See Addendum "A" and Addendum "B Jefferson Center fee structure
and labor estimates.
2. Payment and Setdement Licensee shall pay to Jefferson Center a 50% deposit in the amount set forth in the License
Agreement in form acceptable Jefferson Center with the return of this properly executed Agreement to Jefferson Center.
Licensee agrees that all deposits, Basic Facilities Fees and Supplemental Fees are non-refundable. Licensee shall
return the signed Event license Agreement with the specified deposit within fourteen business days or on the date specified,
whichever comes first. Failure to return this properly executed agreement to Jefferson Center within fourteen days or on the
date specified or whichever comes first can result in loss of the booking.
3. Jefferson Center shall provide to Licensee an invoice for the remaining 50% of the Basic Facilities Fee to be paid to Jefferson
Center fourteen (14) days prior to the Licensee Event. Jefferson Center shall provide an itemized invoice for Supplemental
Charges within ten business days following completion of the Event. If Jefferson Center provides ticketing services in
accordance with this agreement, Licensee agrees that Jefferson Center shall be entitled, in Jefferson Center's sole and exclusive
discretion, to deduct payment of any amount owed by Licensee to Jefferson Center, including, without limitation, the Basic
Facilities Fee and Supplemental Charges direcdy from the gross receipts of the Event prior to any determination of any
amount to be disbursed to licensee. .
4. Cancenation: In the event that Jefferson Center should determine that a reasonable basis exists for concluding either that
there has been a default, nonperformance or breach of any of the warranties, terms or conditions of the Agreement by
Licensee or that Licensee has abandoned or canceled the Event, Jefferson Center shall have sole and complete discretion to
declare the Event to be canceled and Jefferson Center shall be authorized to retain Licensee's initial deposit as liquidated
damages.
5. Insurance: Licensee shall obtain and maintain, until the completion of the Event, commercial general liability insurance
coverage with respect to claims arising out of the subject matter of the Agreement or out of Licensee's use of the Premises.
The type of coverage required by Licensee must meet and shall not be less than an umbrella form coverage in a minimum
amount of $1,000,000 aggregate and $1,000,000 each occurrence.
Licensee shall name Jefferson Center, their officers, agents, employees, and volunteers as additional insured on the above
policy.
Licensee shall furnish to Jefferson Center at least (14) fourteen days prior to the Event a certificate evidencing the required
insurance. Failure to do so shall be grounds for Jefferson Center to cancel the Event.
3
Revised 10-1-07
6. Indemnification and Allocation of Risk: Licensee agrees to be responsible for and pay, indemnify, and hold harmless
Jefferson Center, their officers, agents, employees, and volunteers against any and all claims, damages, injuries, loss, costs, and
expenses, including but not limited to attorneys' fees, of any type or nature resulting from any claim or legal action of any
nature whatsoever, whether or not reduced to a judgment or settlement, or for any liability of any nature whatsoever that may
arise against Jefferson Center, their officers, agents, employees, or volunteers in connection with the Event or in connection
with any of the rights and privileges granted by Jefferson Center to Licensee in the Agreement, including, without limitation,
any patent, trademark, franchise, copyright, libel defamation claim or suit and any claim or suit based upon Licensee's or
Licensee's agents, servants, employees, or invitees intentional or negligent acts or omissions. Licensee further warrants that all
copyrighted materials to be performed during the Event have been duly licensed or authorized by their copyright owners and
Licensee agrees to be responsible for all license and royalty fees incurred by reason of the performance and, in addition to any
provisions contained elsewhere in the Agreement, to indemnify and hold Jefferson Center, their officers, agents, employees,
and volunteers harmless from any and all claims, losses or expenses incurred with regard thereto.
Licensee agrees to hold Jefferson Center, their officers, agents, employees, and volunteers harmless from any damage to or
loss of any property of the Licensee and to indemnify them for any claims that may be asserted against them for any such
damage or loss, provided such damage or loss is not due to the gross negligence of Jefferson Center, their officers, agents,
employees, or volunteers.
Subject to scheduling and space availability, equipment or property may be allowed onto the Premises designated by Jefferson
Center before the rental period but must be completely removed within the rental period.
7. Compliance with Laws and Regulations: Licensee shall comply with all laws, ordinances and regulations adopted or establish
by federal, state or local governmental agencies or bodies and with all Jefferson Center roles and regulations applicable to the
premises, and licensee shall require that its agents, employees, contractors or subcontractors do likewise.
8. Licenses and permits: Licensee shall pay promptly all applicable taxes and fees and obtain all licenses or permits for use of the
Premises required by federal, state or local laws and ordinances and Licensee shall provide evidence of compliance with such
federal, state or local laws and ordinances upon demand by Jefferson Center. Failure to provide said evidence upon request
shall be grounds for cancellation of the Event
9. Event Requirements: The services provided by Jefferson Center are based upon information provided by Licensee, and does
not include any unknown or unforeseen circumstances that may, at the sole discretion of Jefferson Center require additional
services for the presentation of the Event. Jefferson Center does not guarantee that the services listed in this Agreement are
complete or appropriate for the successful production of the Event.
Licensee shall provide Jefferson Center at least ten (10) days before the first day of the Event with a full and detailed outline
of all Event requirements, including stage and technical requirements and any other information as may he required by
Jefferson Center concerning the Event. Jefferson Center reserves the right to review and approve the Event requirements.
If Additional Services become necessary, Jefferson Center shall exert commercially reasonable efforts to obtain same. and
Licensee shall be liable for the charge as a Supplemental Charge. If Additional Services are requested later than one week
prior to the Event, Jefferson Center cannot guarantee that the Licensee's additional service requirements can be met.
Without the prior approval of Jefferson Center, Licensee shall not bring onto the Premises any material, substance equipment
or object which may endanger the life of, or may cause bodily injury to any person on the Premises or which may constitute a
hazard to property thereon as reasonably determined by Jefferson Center. Jefferson Center reserves the right, in Jefferson
Center's sole and complete discretion, to refuse to allow any such material, substance, equipment or object to be brought onto
the Premises and the further right to require its immediate removal therefrom.
10. Broadcast Live or delayed broadcast, either visual or audio, whether for educational or cornmetcial purposes, shall provide
appropriate title credits to Jefferson Center as to the day, date, and location origin of the broadcast. Location credit shall be
listed as "broadcast from Jefferson Center, Roanoke, Vuginia."
11. Recording: Recording. either visual or audio, whether for archival or commercial purposes, shall provide appropriate title
credits to Jefferson Center as to day, date, and location of the recording. Location credit shall be listed as "recorded at
Jefferson Center, Roanoke, Virginia."
4
Revised 1 0-1-07
12. Ticketing: Jefferson Center does not allow Licensee to manage and sell its own tickets to its Event. If the Event is ticketed,
Jefferson Center must manage the sales and distribution of tickets. Jefferson Center reserves the right for reasons of safety to
limit the number of persons entering the Premises at any time.
13. Basic Facilities: In addition to use of the Premises, Jefferson Center shall provide to licensee for the Event at Jefferson
Center's expense heating and air conditioning, and overhead light for ordinary use. Jefferson Center shall provide at Jefferson
Center's expense one daily cleaning of all public spaces. licensee shall have appropriate access to and use of loading dock,
freight elevator, stage, dressing rooms as assigned, green room, appropriate corridors, lobbies, audience seating area, orchestra
chairs, audio/video program monitoring system, stage intercom system, house stage draperies, house stage lighting control
system with basic stage work lights, house audio system with basic announce and playback capability, audience hearing
impaired system and equipment.
All other services, including provision of personnel, shall be at the expense of Licensee.
Staffing: Jefferson Center will require that Jefferson staff be given breaks as follows;
· fifteen minutes every two and a half hours
· one-half hour meal break every five hours - if food is provided by Licensee
· one hour meal break every five hours - if food is not provided by Licensee
· There win be a one hour meal penalty paid for every technician in the event of a missed meal break
Jefferson Center may charge Licensee a clean-up fee in the event that the Premises and/or facility are left in an unreasonable
state.
14. Supplemental facilities and equipment Supplement Facilities shall include, without limitation, services and facilities in addition
to Basic Facilities as specially requested by Licensee including, without limitation, the following: Rental of in-house equipment
such as stage platforms and risers; pianos; audio/visual equipment; tables, chairs, music stands, music stand lights; acoustic
shells; special mechanical or electrical connections, equipment or services; and staff.
Following collaboration with licensee,Jefferson Center retains the right and power to specify number of personnel utilized in
conjunction with the Event, including, without limitation, security personnel, stagehands, ushers, ticket sellers, ticket takers,
admission attendants, parking attendants, guards and police protection at the expense of licensee.
15. Stagehands: Stagehands and technicians may be employed for use of the Premises for certain theatrical presentations including
rehearsal. Personnel authorized by Jefferson Center must operate stage lighting, audio, counterweight fly system, and all
technical equipment. For all required stagehands and technicians, the cost, expenses and responsibility for any such stagehands
shall be the sole obligation and responsibility of the licensee.
16. Other Personnel or Services: Should Licensee request Jefferson Center to arrange for other personnel or services not
otherwise provided for in the Agreement, such as private security personnel or special transportation needs, the cost,
expenses, and responsibility for any such other personnel or services shall be the sole obligation and responsibility of the
Licensee.
Late seating and its timing shall be accommodated by mutual agreement between Jefferson Center and Licensee.
Licensee agrees to allow ticketed patrons open access to the seating areas no less than 30 minutes prior to Event.
17. Food and Beverage Sales: Food and beverage including alcoholic beverages shall be served exclusively through Jefferson
Center or its duly licensed caterer. Jefferson Center retains all revenue for food and beverage sales. There will not be any
outside food and beverage allowed in the facility at any time without the expressed written consent of Jefferson Center.
18. Blocking Access Ways: Licensee agrees that no portion of the sidewalks, entries, vestibules, halls, elevators, or ways of
access to public utilities of the Jefferson Center shall be obstructed by Licensee or used for any purpose other than for
ingress and egress to and from the Premises.
19. Control of Facility and Right to Enter: In peanitting the use of the Premises, Jefferson Center does not relinquish the right to
enforce all necessary and proper rules and laws for the management and operation of the Premises and the facility and the
safety of the citizens. Duly authorized representatives of Jefferson Center may enter the Premises at any time and on any
occasion without restriction, for the enforcement of any such roles and laws. Jefferson Center reserves the right to remove or
5
Revised 10-1-07
cause to be ejected from the Premises any person engaging in dangerous, unsafe or illegal conduct and neither Jefferson
Center nor its agents, officers or employees shall be liable to Licensee as a result of the exercise by Jefferson Center of such
right. Jefferson Center reserves and maintains the absolute right to stop or prevent the event and evacuate the Premises,
where in Jefferson Center's sole and exclusive discretion, such action is required for public safety, without any liability on the
part of Jefferson Center or its representatives to Licensee or others. Doors to the premises shall be opened for the Event at
such times and in the manner prescribed by Shaftman Performance Hall at Jefferson Center.
20. Advertising: Jefferson Center reserves the right to approve all advertising material. Licensee shall submit a twenty-five-woal
description of Licensee Event with the signed contract and Addendum He" (twenty-five woal description of Licensee Event).
Licensee shall in all publication materials refer to the performance hall as 'Jefferson Center." Licensee shall be assessed a
penalty of up to $500 for incorrect or omitted language use of Jefferson Center.
21. Agreement to Quit Premises: Licensee agrees to quit the Premises at the end of the teon of this Agreement and leave the
Premises and any other Jefferson Center property in the same condition as at the commencement of the Event, ordinary wear
and tear accepted.
Licensee shall pay on demand to Jefferson Center any costs associated with repair or replacement for damages deemed by
Jefferson Center in its sole and complete discretion to be material and not as a result of ordinary wear and tear, which
damages occurred to the Premises or any other Jefferson Center property as a result of Licensee's use of the Premises.
22. Assignment Licensee shall not assign or transfer any right or interest under this Agreement, including, without limitation, the
right to receive any payment, without Jefferson Center's prior written approval of satisfactory evidence of such assignment
and Licensee agrees that any such assignment without prior written approval of Jefferson Center shall be null and void.
23. Certification: The undersigned hereby certifies that he or she is legally authorized to enter into this Agreement on behalf of
Licensee and to bind licensee to the teons and conditions contained herein and that licensee is legally authorized to enter
into the Agreement.
24. Matters Beyond the Control of Jefferson Center. Jefferson Center shall have no liability or responsibility of any type to the
Licensee for any failure to perform any of the terms or conditions of the license Agreement or the furnishing of any of the
facilities, utilities, or services called for by this license Agreement that may be due to causes beyond Jefferson Center's control
including, but not limited to accidents, an act of God, weather, failure of equipment, strikes, lockouts, or any orders or
regulations of federal, state, or local government authority.
25. Default by Jefferson Center: In the event of any default, nonperfurmance or breach of any of the terms or conditions of the
Agreement by Jefferson Center, licensee agrees that, except in the case of the intentional and unreasonable breach hereof,
Jefferson Center's liability hereunder sball be limited to repayment of any amount of deposit or rent previously paid to
Jefferson Center by Licensee under this Agreement, less any applicable Supplemental Fees.
26. Governing Law/Choice of Venue: This Agreement shall be construed and enforced under the laws of the Commonwealth of
Virginia. Jefferson Center and licensee agree that any dispute regarding the Agreement shall be adjudicated in state .and
federal courts located in the City of Roanoke, Vuginia.
27. Complete Agreement This agreement constitutes the final, complete and exclusive statement of the terms between Jefferson
Center and licensee. This Agreement may be modified, but only by written instruments properly executed by Jefferson Center
and Licensee.
28. Liability for Lost or Stolen Items: Jefferson Center does not assume responsibility for any damaged or lost articles left in the
Facility prior to, during or following an Event.
29. Sets, Props, and Special Effects: Any pyrotechnics, stage scenery, props, decorations or other special effects to be utilized by
licensee in its performance must be reviewed and approved in advance by Jefferson Center. No offensive materials may be
used. Tape or tacks may not be used on equipment, walls or ceiling. Helium balloons must be weighted down before coming
into the Facility. Glitter and confetti of any kind, bubbles, bubble machines or anything that would leave a residue on the
stage floor by whicb someone may slip and fall may not be used.
30. Sound Level: licensee must maintain acceptable noise levels. Jefferson Center reserves the right to reduce the amplification of
sound equipment, if the same is necessary to insure no interference with other functions being held in the Facility or the
6
Revised 1~1-07
Jefferson Center's use by its tenants. Boisterous activity will not be permitted in the Facility and Jefferson Center reserves the
right to maintain order.
31. Payment of Invoices: Licensee must pay all invoices immediately; any varying credit terms must be agreed upon by Jefferson
Center in writing prior to the Event. Finance charges of 11/2 % per month shall be added to any invoice over thirty days past
due. licensee shall reimburse Jefferson Center for any costs of collections, including attorney's fees, incurred by Jefferson
Center.
32. Smoking: Jefferson Center is a smoke free facility. No smoking is allowed (this includes backstage and dressing rooms).
Smoking urns are located in designated exterior areas. The Licensee must enfon:e the no smoking policy with its guests and
others. Licensee is responsible for and indemnifies Jefferson Center against any loss or damage resulting from smokingin the
facility.
33. Merchandise Sales: Licensee covenants and agrees that if any men:handise is proposed to be sold a the Event that the
following shall apply: (a) the sale of merchandise shall be approved in advance by Jefferson Center; (b) articles will be sold
only from location(s) determined by Jefferson Center; (c) if Licensee provides and pays staff to sell articles, Jefferson Center
will collect 15% of net sales (after taxes) of such articles; (d) if Jefferson Center provides staff to sell articles,Jefferson Center
will collect 20% of net sales (after taxes) of such articles.
7
Revised 10-1-07
To help us better meet the needs of your progmm we ask that you complete the following as fully as possible. The more details
you can provide will allow us to better assist in the presentation of your event Should you have any questions please do not
hesitate to call Dylan Locke at (540) 343-2624 x215 or Rob Bessolo at (540) 343-2624 x214.
Organization
Main Contact
Address
Address
City
Phone
Phone - Cell
Shaftman Performance Hall
Event Information Form
State
Fax
Email
Zip
Name of PerformancelEvent
Perfonnance Date
House opens
Intennission
Load In
Start Time
End Time
Who is in charge of coordinating your technical needs, if different from main contact?
Name
Phone
Cell
Email
Fax
General Questions
How many people do you expect to attend this event?
If fewer than 600 people do you want the balcony to be open?
Are you planning to have a printed program for your event?
Is photography allowed?
Is videotaping allowed?
Is audio recording allowed?
Do you allow late seating?
Is anyone connected to your event planning to sell merchandise?
Are you or your artist providing someone to sell the merchandise?
As stated in contract, JejJerson Center will collect 15% of net sales.
Do you need someone from the Jefferson Center to sell merchandise?
As stated in contract Jefferson Center will collect 20% of net sales.
How many tables will you need in the atrium?
Our concessionslbar mayor may not be available to your patrons?
Please specify your preference by stating- " bar" or "no bar"
"*JejJerson Center will determine the status of the concessionslbar _
but please state your preference...
Marketing:
For listing your event on the Jefferson Center website please email info to Dylan Locke at
dlocke@jeffcenter.org. Include information important to undersblnding the nature of your event; title,
description, images or pictures, times, dates, ticket information, phone numbers and websites. Your date will
not be listed on web site until we receive this information from you. Please contact Dylan Locke for
details on marketing your event.
8
Revised 10-1-'07
] efferson Center
Addendum Agreement
Addendum Agreement between WVFAS-PH, LLC, Shaftman Performance Hall at
Jefferson Center, and "City of Roanoke - Renovate Roanoke"
Licensee hereby acknowledges that he/she has read and understands the Addendums
attached to the Rental Agreement for the sole purpose of the Renovate Roanoke on
October 10-11, 2008.
Please sign your name next to each Addendum indicating that you have read and fully
understand each document.
Addendum A: Facility Rental Rates and Equipment Rates - Rev. 7/1/07
'* I, have read, understand and agree to
terms and rates presented in Addendum A of the contract.
Addendum B: Front of House and Backstage Labor Rates - Rev. 7/1/07
*1, have read, understand and agree to
terms and rates presented in Addendum B of the contract.
Addendum C: Rules and Regulations - Rev. 7/1/07
'* I, have read, understand and agree to the
rules and regulations presented in Addendum C of the contract.
Addendum D: Ticketing Agreement - Rev. 7/1/07
~, have read, understand and agree to
terms and rates presented in Addendum D of the contract. Please sign Addendum D only if
Jefferson Center will be selling tickets for your event.
Please sign above indicating that you have read and understand all attached Addendums and
return this Agreement along with both copies of the contract. If this Addendum Agreement
is not completed the date will not be confirmed until we receive it.
If you have questions please contact Dylan Locke (540) 343-2624 ext 215 or
dlocke@jeffcenter.org
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
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 20, 2008
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 38091-051908 appropriating
funds from the Virginia Department of Transportation and transferring funds
from the Comprehensive Greenways project to the Roanoke River Greenway
project, and amending and reordaining certain sections of the 2007-2008
Capita'l Projects Funds Appropriations, and dispensing with the second reading
by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Steven C. Buschor, Director, Parks and Recreation
~~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38091-051908.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation and transfer funding from the Comprehensive Greenways project to the
Roanoke River Greenway project, amending and reordaining certain sections of the 2007-
2008 Capital Projects Funds Appropriations and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 Capital Projects Funds Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from State Grant Funds
Appropriated from General Revenue
Revenues
Roanoke River Greenway TEA- #128-129
08-620-9200-9003
08-620-9200-9007
08-620-9753-9003
$ 167,250
175,000
( 167,250)
175,000
08-620-9200-9200
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
r-A# ,~ o)~ ~
~(I
~City Oierk:,J
\. 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
CECELlA R. TYREE
Assistant Deputy City Clerk
May 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
""',
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38090-051908 authorizing the City
Manager to enter into an Agreement with the Commonwealth of Virginia
Department of Transportation necessary to accept funding for further
construction and development. efforts for the Roanoke River Greenway trail
project.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008.
~
Sincerely,
~'0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall; Director, Office of Management and Budget
Steven C. Buschor, Director, Parks and Recreation
~<.
~~~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2008.
No. 38090-051908.
A RESOLUTION authorizing the City Manager to enter into an Agreement with the
Commonwealth of Virginia Department of Transportation necessary to accept funding for further
construction and development efforts for the Roanoke River Greenway trail proj ect.
WHEREAS, the City of Roanoke requested additional Transportation Enhancement funds to
support construction and development efforts for the Roanoke River Greenway trail project;
WHEREAS, the City of Roanoke has received notification that its application for additional
Transportation Enhancement funds has been approved by the Commonwealth Transportation Board in the
amount of $175,000.00 with a required matching component of $167,250.00 of the City's Greenway
Capital funds, all as more fully set forth in the City Manager's letter dated May 19, 2008, to Council; and
WHEREAS, the City of Roanoke must enter into an Agreement so that the funds may be received
by the City and appropriated back into the Parks and Recreation Greenway account for further construction
and development efforts for the Roanoke River Greenway trail project.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that the City Manager
and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an
Agreement with the Commonwealth of Virginia Department of Transportation for further construction and
development efforts for the Roanoke River Greenway trail project, such Agreement to be in form as is
approved by the City Attorney.
/ ,
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R-TEA21-Roanoke River Greenway.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
May 19, 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 W. Nash, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Receipt of Federal
Transportation
Enhancement
Grant Funds: Roanoke
River Greenway
The Federal Transportation Enhancement Fund program is a reimbursable
grant opportunity, managed by the Virginia Department of
Transportation, established to provide for facilities and amenities that
promote alternate modes of transportation to include greenway trails and
trail-related facilities.
Since 2002, the Department of Parks and Recreation, in concert with the
Regional Greenways Commission, has been successful in obtaining
$494,000 in Federal enhancement awards for the Roanoke River
Greenway trail project. Due to the success of our FY 2007 application, the
City has been awarded an additional $175,000, bringing our total for this
project to $669,000, with a required matching component of $167,250
from the City's Greenway Capital funds.
While Roanoke's overall greenway efforts address multiple greenway and
trail projects, these particular funds, identified under federal project
number EN03-128-1 29, PEl 01, C501 (UPC 72180), shall be utilized for
construction and development efforts for the Roanoke River project.
These funds, to be expended within the next four years, may be used for
Honorable Mayor and Members of Council
May 19, 2008
Page 2
construction planning, specifications, drawings, landscaping, and
development as described in the scope of work contained within the
grant application package.
Recommended Action:
Authorize the City Manager to execute an agreement with the
Commonwealth of Virginia Department of Transportation, similar to the
one attached to this letter necessary to accept such reimbursable
funding. Establish a revenue estimate of $175,000 in Federal funding in
an account to be established by the Director of Finance in the Capital
Projects Fund. Transfer $167,250 from the City's Greenway Capital
account for the required local match. Appropriate funding totaling
$342,250 to an account to be established by the Director of Finance
entitled "Roanoke River Greenway Project".
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:SCB:na
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager
Steven C. Buschor, Director of Parks and Recreation
CM08-00070
STANDARD PROJECT ADMINISTRATION AGREEMENT
Pro.ieet Number UPC Loeal Desi~nation
EN03-l28-129, PEIOl, C501 72180 Roanoke River Greenway
THIS AGREEMENT, made and executed in triplicate this _ day of
, 200 , by and between the City of Roanoke, Virginia, hereinafter referred
to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation,
hereinafter referred to as the DEPARTMENT.
WHEREAS, the LOCALITY has expressed its desire to administer the work described
in Appendix A, and such work for each improvement shown is hereinafter referred to as a
Project; and
WHEREAS, the funds shown in Appendix A have been allocated to finance each
Project; and
p "
"
WHEREAS, the LOCALITY will progress with the development of each Projec\-so
that any federal funds allocated to each Project may be obligated within three years of ~.
allocation to each Project in accordance with the current Statewide Transportation
Improvement Program, unless otherwise specified in writing by the Department; and
WHEREAS, both parties have concurred in the LOCALITY's general administration of
the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with
applicable federal, state, and local law and regulations.
NOW THEREFORE, in consideration of the mutual premises contained herein, the
parties hereto agree as follows:
L The LOCALITY shall:
a. Be -responsible for all activities necessary to complete the noted phase of
each Project shown in Appendix A, except the performance of the State
Environmental Review Process (SERP), and coordinate with the
DEPARTMENT for all reviews, approvals, and environmental actions and
decisions, as required. Each Project will be designed and constructed to meet
or exceed current American Association of State Highway and Transportation
Officials standards or supplementary standards approved by the
DEPARTMENT.
b. Receive prior written authorization from the DEPARTMENT to proceed
with preliminary engineering, right-of-way acquisition and utility relocation,
and construction phases of each Project.
c. Maintain accurate and complete records of each Project's development and
documentation of all expenditures and make such information available for
inspection or auditing by the DEPARTMENT. Records and documentation
for items for which reimbursement will be requested shall be maintained for
EN03-128-129, PElOl, C501
UPC 72180
no less than three (3) years following acceptance of the final voucher on each
Project, or all such records and documentation may be turned over to the
DEPARTMENT in a maImer acceptable to the DEPARTMENT.
d. No more frequently than monthly, submit invoices with supporting
documentation to the DEPARTMENT in the form prescribed by the
DEPARTMENT. The supporting documentation shall include copies of
related vendor invoices paid by the LOCALITY and a to-date project
summary schedule tracking payment requests and adjustments. A request for
reimbursement shall be made within 90 days after any eligible project
expenses are incurred by the Locality. For federally funded projects and
pursuant to the Federal Code of Regulation Title 49, Section 18.43, violations
of the provision may result in the imposition of sanctions including possible
denial or delay of payment of all or a part of the costs associated with the
activity or action not in compliance.
e. Subject to appropriation, reimburse the DEPARTMENT all Project e~penses
incurred by the DEPARTMENT if, due to action or inaction solely by the
LOCALITY, federally funded Project expenditures incurred are not
reimbursed by the Federal Highway Administration (FHW A), or
reimbursements are required to be returned to the FHW A, or in the event the
reimbursement provisions of Section 33.1-44 or Section 33.1-70.01 of the
Code of Virginia, 1950, as amended, or other applicable provisions of federal,
state, or local law or regulations require such reimbursement.
f. On Projects that the LOCALITY is providing the required match to state or
federal funds, pay the DEPARTMENT the LOCALITY's match for eligible
Project expenses incurred by the DEPARTMENT in the performance of
activities set forth in paragraph 2.a.
g. Administer the Project in accordance with all applicable federal, state, or local
laws and regulations.
h. Provide certification by a LOCALITY official that all LOCALITY
administered Project activities have been performed in accordance with all
federal, state, or local laws and regulations. If the locality expends over
$500,000 annually in federal funding, such certification shall include a copy
of the LOCALITY's single program audit in accordance with Office of
Management and Budget Circular A-133.
1. The LOCALITY will use its staff counsel for all legal proceedings. If legal
services other than that provided by staff counsel are required, the
LOCALITY will consult the DEPARTMENT to obtain an attorney from the
list of outside cOlIDsel approved by the Office of the Attorney General.
J. For Projects on facilities not maintained by the DEPARTMENT, provide, or
have others provide, maintenance of the Project upon completion, lIDless
otherwise agreed to by the DEPARTMENT.
2
EN03-128-l29, PElOl, C501
UPC 72180
2. The DEPARTMENT shall:
a. Perform the SERP and provide guidance relative to the coordination of
environmental commitments that result from the SERP, provide necessary
coordination with the FHW A, and approve plans, specifications,
advertisement documents, and contract awards as determined to be necessary
by the DEPARTMENT.
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph l.d,
reimburse the LOCALITY the cost of eligible Proj ect expenses, as described
in Appendix A. Such reimbursements shall be payable by the
DEPARTMENT within 30 days of an acceptable submission by the
LOCALITY.
c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share
of eligible project expenses incurred by the DEPARTMENT in the
performance of activities pursuant to paragraph 2.a. f{
d. Audit the LOCALITY's Project records and documentation as may be
required to verify LOCALITY compliance with federal and state laws and
regulations.
e. Make available to the LOCALITY guidelines to assist the parties in carrying
out responsibilities under this Agreement.
3. Appendix A outlines the phases of work and general items to be administered by
the LOCALITY. There may be additional elements that, once identified, shall be
addressed by the parties hereto in writing, which may require an amendment to
this Agreement.
4, If designated by the DEPARTMENT, the LOCALITY is authorized to act as the
DEPARTMENT's agent for the purpose of conducting survey work pursuant to
Section 3:3-;1-94 of the Code of Virginia, 1950, as amended.
5. Nothing in this Agreement shall obligate the parties hereto to expend or provide
any funds in excess of funds agreed upon in this Agreement or as shall have been
appropriated. In the event the cost of a Project is anticipated to exceed the
allocation shown for such respective Project on Appendix A, both parties agree to
cooperate in providing additional funding for the Project or to telminate the
Project before its costs exceed the allocated amount, however the
DEPARTMENT and the LOCALITY shall not be obligated to provide additional
funds beyond those appropriated and allocated.
6. Nothing in this agreement shall be construed as a waiver of the LOCALITY's or
the Commonwealth of Virginia's sovereign immunity.
7. This agreement may be terminated by either party upon 30 days advance written
notice. Eligible Project expenses incurred through the date of termination shall be
reimbursed in accordance with paragraphs l.e, l.f, and 2.b, subject to the
3
EN03-128-129, PElOt, C501
UPC 72180
limitations established in this Agreement and Appendix A. Upon termination, the
DEP ARTMENT shall retain owne,rship of plans, specifications, and right of way,
unless all state and federal funds provided for the Project have been reimbursed to
the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have
ownership of the plans, specifications, and right of way, unless otherwise
mutually agreed upon in writing.
THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has
been prepared jointly by the parties and shall be construed simply and in accordance with its fair
meaning and not strictly for or against any party.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be ef~cuted
as of the day, month, and year first herein written. ·
~
CITY OF ROANOKE, VIRGINIA:
Typed or printed name of signatory
Title
Date
Signature of Witness
Date
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her
authority to execute this agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION:
Commonwealth Transportation Commissioner Date
Commonwealth of Virginia
Department of Transportation
Signature of Witness Date
Attachments: Appendix A
4
Appendix A
Project Number: EN03-128-129, PElOt, C50t
Project Name: Roanol'e River Greenway
Locality: City of Roanoke
Project Narrative
Scope: Design and construction of two segments oftbe Roanoke River Greenway in the City of Roanoke: from Wasena Park
to Ghent Park, and a bridge connection to the Tinker Creek Greenway.
Locality Project Manager Contact Info: Donnie Underwood, City of Roanoke Parks Planner, 210 Reserve Ave. SW, Roanoke,
VA 24106, (540) 853-1166
Department Project Coordinator Contact Info: Michael Gray, VDOT Salem District Enhancement Coordinator, 73 I Harrison
Avenue, Salem, V A 24153, (540) 375-3565
Project Costs lllle! ReimbUJ'sement
PlllISC
Estimntee! Project
Costs
$87,800
$20,000
$1,157,600
$ 1 ,265,400
Preliminary Engineering
Right-of.Way & Utilitic:s
Constnlction
Total Estimated Cost
ToM Maximum Reimbursement by Locality to VI)OT .. " N/A
"-.1;"
Tolnl M:n:imum Reimbursement by VDOT tll Locltlity $669,000
(may be reduced by eligible VDOT project expenses) ~
Project Financing
A B C D E
Tral1sporlation Local Match (20"A.) Local Funds Aggregate Allocations
Enhancement (80%) (100%) (A+B+C)
$669,000 $167,250 $429,/50 $1,265,400
Program and Project Specific Funding Requirements
This project will be administered in accordance with the "Enhancement Program Procedure Manual" and tbc "Guide for Local
Administration of 'virginia Department of TnlllspOltation Projects",
Any expenses above the combined federal (80%) and local (minimum 20% match) will be at 100% project sponsor cost.
100% of eligible VOOT project expenses will be recovered as follows:
. 20% will be deducted /l'om reimbursement requests,
. 80% will be deducted from the Federal Enhancement allocation amount.
Any additional ineligible items identified throughout project development will not be reimbursable.
For Transportation Enhancement projects, the LOCALITY shall maintain the Project, or have it maintained, in a manner satisfactory
to the Department or its authorized representatives, and make ample provision eacb year tor such maintenance unless otherwise
agreed to by the DEPARTMENT.
SERP is not required for Enhancement projects.
In accordance with CTB policy, the project must be completed and the $669,000 Enhancement allocation expended by
May 16,2011 or the project may be subject to de-allocation. The complction deadline has bccnextcnded to accommodate the 2006
fundinR.
This attachment is certified and made an official attachment to this document by the parties of this agreement
Authorized Locality Official
date
VDOT Enhancement Program Manager
date
5
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
May 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
I am attaching copy of Resolution No. 38092-051908 authorizing the City
Manager to execute the grant recipient agreement between the Virginia
Community College System and the City of Roanoke on behalf of the Western
Virginia Workforce Development Board.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008.
Sincerely,
c;;JLL);.
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
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human/Social Services
ottL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2008.
No.38092-051908~
A RESOLUTION authorizing the City Manager to execute the grant recipient agreement
between the Virginia Community College System and the City o,f Roanoke on behalf of the Western
Virginia Workforce Development Board.
WHEREAS, the City of Roanoke is the grant recipient for the Workforce Investment Act (WIA)
Area 3 funding, thus, City Council must appropriate and distribute the funding for all grants and other
monies received by the City in order for the Western Virginia Workforce Development Board to
administer WIA Area 3 programs;
WHEREAS, the Western Virginia Workforce Development Board and the City of Roanoke
received notice from the Vice Chancellor ofthe Virginia Community College System that an individual
representative of the City must be authorized to sign the grant agreement between the Virginia
Community College System and the City of Roanoke prior to the award of the grant.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that the City Manager
is authorized to execute the grant recipient agreement between the Virginia Community College System
and the City of Roanoke on behalf of the Western Virginia Workforce Development Board, consistent
with this resolution and the letter dated May 19, 2008, from the City Manager to this City Council, in a
form approved by the City Attorney.
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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
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May 19, 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:
City Manager Authorization
for Workforce Investment Act
Grant Agreement
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Western Virginia Workforce
Development Board administers the federally funded WIA for Area 3, which
encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke,
and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment through no
fault of their own;
· Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor;
· Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
· Businesses in need of employment and job training services.
Honorable Mayor and Members of City Council
May 19, 2008
Page 2
As of July 1, 2008, the Virginia Community College System will award WIA funds
to the City of Roanoke for the WIA Area 3 of Virginia. The Western Virginia
Workforce Development Board and the City of Roanoke have received notice
from the Vice Chancellor of the Virginia Community College System that an
individual representative of the City must be authorized to sign the grant
agreement between the Virginia Community College System and the City of
Roanoke prior to award of the grant.
Considerations:
· Program Operations - Existing activities will continue and planned
programs will be implemented.
· Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City.
Recommendations:
Authorize the City Manager to execute the grant recipient agreement between
the Virginia Community College System and the City of Roanoke on behalf of
the Western Virginia Workforce Development Board; such agreement to be
approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Bur
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human Services
CM08-00071
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 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38093-051908 authorizing the City
Manager to execute on behalf of the City a Temporary Nonexclusive Revocable
License Agreement with KDL of Virginia, Inc., that allows the construction,
maintenance, and operation of telecommunications facilities in the City's public
ways; and authorizing the City Manager to implement, administer, and enforce
such License Agreement, and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~ -J).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Jesse A. Hall, Director of Finance .
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
James Grigsby, Assistant City Manager for Operations
Robert K. Bengtson, P. E., Director of Public Works
Thomas N. Carr,. Director of Planning B.uilding and Development
Philip C. Schirmer, City Engineer
}1:0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38093-051908.
AN ORDINANCE authorizing the City Manager to execute on behalf of the City a
Temporary Nonexclusive Revocable License Agreement with KDL of Virginia, Inc., that allows the
construction, maintenance, and operation oftelecommunications facilities in the City's public ways;
authorizing the City Manager to implement, administer, and enforce such License Agreement; and
dispensing with the second reading by title ofthis ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
<
1. The City Manager is hereby authorized on behalf of the City to execute a Temporary
Nonexclusive Revocable License Agreement with KDL of Virginia, Inc., that allows the
construction, maintenance, and operation oftelecommunications facilities in the City's public ways,
all as is more particularly set forth in the City Manager's letter to Council dated May 19, 2008.
2. The term for the License Agreement shall be for one year, and continue month to
month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance,
Franchise and/or Agreement, whichever occurs first, and shall be subject to being revoked without
cause upon sixty days notice from the City to the Licensee.
3. The Temporary Nonexclusive Revocable License Agreement shall be in a form
approved by the City Attorney and shall be substantially similar to the form attached to the City
Manager's letter to Council dated May 19,2008.
4. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to implement, administer, and enforce such License Agreement.
O-KDL of Virginia. doc
1
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
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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
May 19, 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:
Temporary Nonexclusive
Revocable License Agreement
for KDL of Virginia, Inc.
Background:
In late March 2008, KDL of Virginia, Inc. (KDL) made a written request to the
City of Roanoke for a Temporary Nonexclusive Revocable License Agreement
(License Agreement). This request asked for the right for KDL to install and
operate a telecommunications system or facility in the City's public ways in
order to provide telecommunications services within the City. Prior to March
2008, Kentucky Data Link, Inc., the parent company of KDL, had been in contact
with City staff concerning the use of the City's public ways for limited
telecommunications facilities. However, KDL has made business arrangements
that will involve KDL's installation of approximately 48 miles of fiber, primarily
aerial fiber, within the City of Roanoke and surrounding area in order to meet
its business obligations. Therefore, KDL submitted its written request dated
March 28, 2008, to the City, through the Department of Technology, to obtain
the previously mentioned License Agreement.
KDL is a Virginia corporation and has obtained from the Virginia State
Corporation Commission a certificate of public convenience and necessity to
provide interexchange telecommunications services and local exchange
telecommunications services within Virginia by Order dated June 26, 2003.
Honorable Mayor and Members of City Council
May 19, 2008
Page 2
KDL and City staff have negotiated a Temporary Nonexclusive Revocable
License Agreement that will allow KDL to use the City's public ways to install
and operate a telecommunication system or facilities in order to provide
telecommunications services within the City. Such License Agreement is
substantially similar to other license agreements that have been granted by the
City to other telecommunications providers operating in the City. Such License
Agreement provides that KDL will be granted a License Agreement for the term
of one year and month to month thereafter until the adoption of a
telecommunications regulatory ordinance, franchise and/or agreement that the
City may adopt in the future, and that KDL will comply with any such future
telecommunications regulatory ordinance, license, and/or franchise that the
City may adopt, in accordance with the law that may be applicable to such
matter. The License Agreement provides that KDL will owe the City and/or the
Commonwealth of Virginia any fees and other compensation that may be
allowed to and are due in accordance with the law to the City and the
Commonwealth of Virginia under applicable federal, state, and local laws,
ordinances, and regulations. The License Agreement also provides that KDL
will comply with the City's Right of Way Excavation and Restoration Standards-
Second Revision dated May 1, 2008, with regard to any work that it does in the
City's public ways. A copy of the proposed License Agreement is attached to
this letter together with map(s) showing the general fiber route that KDL
intends to install within the City's public ways. (Blue on the map represents
above ground fiber routes and red represents underground fiber routes)
The Department of Technology and other City departments have reviewed
KDL's request for the License Agreement and the proposed routes for
installation of fiber and other facilities within the public ways. The Department
of Technology, in consultation with the Director of Planning, the Engineering
Division and the Director of Public Works, has no objections to the request of
KDL for the License Agreement, and believes that the License Agreement will
protect the City's interest in being able to manage the City's public ways.
In 1996, Congress passed the Telecommunications Act of 1996. The Act was
designed to remove regulatory barriers and create competition among all types
of telecommunications companies. The Act preempts all state and local laws
that prohibit or have the effect of prohibiting a business from providing
telecommunications services within a locality's public ways. However, the Act
does allow the locality to take reasonable steps to protect or to manage such
locality's public ways. Therefore, granting the requested License Agreement to
KDL will be consistent with the purposes and provisions of the
Telecommunications Act of 1996.
Honorable Mayor and Members of City Council
May 19, 2008
Page 3
There is no funding requirement on behalf of the City.
Recommendation:
Authorize the City Manager to execute a Temporary Nonexclusive Revocable
License Agreement with KDL of Virginia, Inc., that allows KDL to construct,
maintain, and operate telecommunications facilities in the City's public ways, as
set forth above and in the License Agreement. The term of such License
Agreement will be for one year and continue month to month thereafter or until
the adoption of a telecommunications regulatory ordinance, franchise and/or
agreement by the City, whichever occurs first, subject to being revoked by the
City upon 60 days notice to KDL. The Temporary Nonexclusive Revocable
License Agreement shall be in a form approved by the City Attorney and shall
be substantially similar to the form attached to this letter.
Authorize the City Manager to take such action and execute such documents as
necessary to implement, administer, and enforce such Temporary Nonexclusive
Revocable License Agreement.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:djm
c: Stephanie Moon, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
James M. Grigsby, Assistant City Manager for Operations
Robert K. Bengtson, Director of Public Works
Thomas N. Carr, Director of Planning, Building and Development
Philip C. Schirmer, City Engineer
CM08-00078
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DRAFT - 5/9/2008
TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT
This Temporary Nonexclusive Revocable License Agreement (hereafter - Agreement) is made and
entered into as of , by and between the City of Roanoke, Virginia, a
Virginia municipal corporation (hereafter - City or Grantor) and KDL of Virginia, Inc., (hereafter
KDL or Licensee or Grantee), a Virginia corporation, having an office at 3701 Communications
Way, Evansville, Indiana 47715.
WHEREAS, KDL has requested the right to install and operate a telecommunications system or
facilities in the City's rights-of-way in order to provide telecommunications services within the City;
and
WHEREAS, KDL desires to enter the City rights-of-way under a temporary nonexclusive revocable
license to use the rights-of-way at its own risk; and
WHEREAS, the City is agreeable to allowing KDL to use the City rights-of-way subject to certain
terms and conditions hereinafter set out and subject to any Telecommunications Regulatory
Ordinance and License/Franchise Agreement that may be adopted by the City in the future.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the
City and KDL agree as follows:
Section 1: Grant of Authority.
KDL will provide a detailed route diagram and detailed description of all facilities, appliances, their
location, and construction requirements which it anticipates will be used for its initial fiber optic
network for the City of Roanoke. A route diagram dated May 9, 2008, showing the anticipated route
is attached to this License Agreement as Exhibit 1. KDL is hereby granted a temporary nonexclusive
revocable license to construct, maintain, and operate telecommunications facilities in, over, under,
and across those portions of the public ways within the City as described in Exhibit 1 and such other
public ways within the City as KDL may request and which requests are approved by the City
Manager or the City Manager's designee in hislher sole discretion and which are in compliance with
the provisions of this License Agreement, all for the sole purpose of providing telecommunication
services, induding but not limited to both local and long distance. This License Agreement does not
include any provision of any cable television services of any type or any wireless services or other
types of services other than telecommunication services as defined in the definition section of this
License Agreement. The City specifically reserves the right to grant other licenses, franchises or
other rights as it deems appropriate for other telecommunications systems or facilities or any other
purposes in accordance with the law.
Section 2: Definitions.
For the purpose of this Agreement, and the interpretation and enforcement thereof, the following
words and phrases shall have the following meanings, unless the context of the sentence in which
they are used shall indicate otherwise:
KDL License Agreement 2008.doc
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"Affiliate" means a person that directly, or indirectly, through one or more intermediaries, owns,
controls, is owned or controlled by, or is under common ownership or control with another person.
"Cable Act" shall mean the Cable Communications Policy Act of 1984,47 D.S.C. ~ 532, et seq., as
now and hereafter amended.
"Cable operator" means a person providing or offering to provide Acable service@ within the City as
that term is defined in the Cable Act.
"Cable service" for the purpose of this Agreement shall have the same meaning provided by the
Cable Act.
"City" means the City of Roanoke, Virginia, and where appropriate, its officers, agents, employees
and volunteers.
"City Manager" means the City Manager of the City of Roanoke or his designee.
"City property" means and includes all real property owned by the City, other than public streets and
utility easements, as those terms are defined herein, and all property held in a proprietary capacity by
the City, which are not subject to right-of-way licensing and franchising as provided in this
Agreement.
"Communications Act" means the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, and as may be amended from
time to time.
"Conduit" means any materials such as the metal or plastic pipe that protects wire, cable, lines, fiber
optic cable, or other technology for the provision of telecommunication service.
"Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber optic cable,
or other technology for the provision of telecommunications service.
"Excess capacity" means the volume or capacity in any existing or future duct, innerduct, conduit,
manhole, handhole or other utility facility within the public way that is, or will be, available for use
for additional telecommunications facilities.
"FCC" or "Federal Communications Commission" means the Federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level.
"Grantee" means any person receiving any authorization pursuant to the terms and provisions of this
Agreement, including a Licensee or Franchisee.
"Grantor" means the City of Roanoke, Virginia.
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"Gross revenue" means any and all cash, credit, property of any kind or nature, or other
consideration received directly or indirectly by a telecommunications carrier in any way derived from
its provision of telecommunications service in the City or from its telecommunications facilities in
the City whether or not they originate or terminate in or outside the City.
"Maintenance" means any effort or expenditure taken or made by a Grantee to preserve, repair, or
improve existing telecommunications facilities or infrastructure in accordance with generally
accepted industry standards.
"Other ways" means the highways, streets, alleys, utility easements or other rights-of-way within the
City, but under the jurisdiction and control of a governmental entity other than the City.
"Overheadfacilities" means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities.
"Person" means any natural person, corporation, company, association, joint stock company or
association, firm, partnership, limited liability company, joint venture, trust, individual and any other
legally recognized entity, private or public, whether for profit or not-for-profit and includes the
officers, agents, employees or representatives of such entity where appropriate.
"Public street" means the surface of and the space above and below any public street, road, highway,
avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including non-paved
surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm,
street lighting, power distribution, or similar public use.
"Public way" means and includes all public streets and utility easements, as those terms are defined
herein, now or hereafter held or controlled by the City, but only to the extent of the City's right, title,
interest or authority to grant a License or Franchise to occupy and use such streets and easements for
telecommunications facilities.
"State" or "Commonwealth" means the Commonwealth of Virginia.
"State Corporation Commission" means the State administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services and providers in the
Commonwealth of Virginia.
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users and the ground surface, as required by the orders and regulations of
the State Corporation Commission or other regulatory entity, to allow its use by a
telecommunications carrier for a pole attachment.
"Telecommunications carrier" means and includes every person that directly or indirectly owns,
controls, operates or manages plant, circuits, equipment or property within the City, used or to be
used for the purpose of offering telecommunications service.
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"Telecommunicationsfacilities" means the plant, equipment and property, including but not limited
to, fiber optic cables, cables, lines, wires, conduits, ducts, circuits, pedestals, antennae, electronics
and other appurtenances or technology used or to be used to transmit, receive, distribute, provide or
offer telecommunications services.
"Telecommunications provider" means and includes every person who provides
telecommunications service over telecommunications facilities without any ownership or
management control of the telecommunications facilities.
"Telecommunications service or services" means the providing or offering for rent, sale or lease, or
in exchange for other value received, the transmittal of signals, including but not limited to voice,
data, image, graphic or video or other programming information between or among points by wire,
lines cable, fiber optics, circuits, laser or infrared, microwave, radio, satellite or other
telecommunications facilities.
"Telecommunications system" See "Telecommunications facilities".
"Undergroundfacilities" means utility or telecommunications facilities located under the surface of
the ground, excluding the underground foundations or supports for Overhead Facilities.
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders
and regulations of the State Corporation Commission or other regulatory entity.
"Utility" or "Public Utility" shall be defined in accordance with applicable state laws regarding
public utilities.
"Utility easement" or "Public Utility easement" means any easement held by the City and acquired,
established, dedicated or devoted for public utility purposes not inconsistent with
telecommunications facilities.
"Utility facilities" means the plant, equipment and property, including but not limited to, the poles,
pipes, mains, conduits, ducts, cables, fiber optic cables, circuits, wires, lines, plant and equipment
located under, on or above the surface of the ground within the public ways of the City and used or to
be used for the purpose of providing utility or telecommunications services.
Section 3: Compliance With Applicable Law.
City and Licensee shall at all times comply with all applicable federal, state, and local laws,
ordinances, and regulations, including but not limited to the Communications Act.
Section 4: Permits.
Licensee, including its contractors and consultants, prior to any construction or work will obtain all
appropriate permits therefor, including any application and permit for street opening if any streets
will be disturbed.
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Section 5: Licensee's Authority.
Licensee warrants and represents that it has obtained all necessary and appropriate authority and
approval from all applicable federal and state agencies or authorities to provide all
telecommunications facilities and services it intends to provide within the City and upon request by
the City will provide evidence of such authority.
Section 6: License Only.
Licensee acknowledges and agrees that all Licensee is granted by this Agreement is a temporary
nonexclusive revocable license and that no franchise or any other rights of any kind are granted by
this Agreement, including but not limited to any right to provide any type of cable television services
or wireless services.
Section 7: Application Of Telecommunications Regulatory Ordinance.
Licensee acknowledges and agrees that the City may develop a Telecommunications Regulatory
Ordinance and/or License/Franchise Agreement in the future. Any such Ordinance or Agreement
shall apply as may be required by law to all telecommunications carriers or providers having
facilities in the public ways within the City on a competitively neutral and non-discriminatory basis.
Licensee acknowledges and agrees it will be subject to any such future Telecommunications
Regulatory Ordinance and/or License/Franchise Agreement that the City may adopt in accordance
with the law and that Licensee will comply with all the terms and conditions of any such Ordinance
or Agreement, including but not limited to any terms for compensation due to the City, and that such
compliance will be retroactive to the date of this Agreement, if allowed by law.
Section 8: Compensation.
Licensee acknowledges and agrees that the compensation Licensee will owe the City and/or the
Commonwealth of Virginia for the use of the City's public ways shall be any fees and other
compensation that may be allowed to and/or due in accordance with the law to the City and/or the
Commonwealth of Virginia under any applicable federal, state, and local laws, ordinances, and
regulations. This specifically includes the Public Rights-of-Way Use Fee adopted by the City in
Ordinance No. 34196-030199, adopted by Council on March 1, 1999, as allowed by law.
Section 9: Term.
The term of this Agreement shall be for one (1) year, from , 2008, through
, 2009, and shall continue month-to-month thereafter, or until the adoption of a
Telecommunications Regulatory Ordinance, Franchise and/or Agreement by the City, whichever
occurs first, at which time all rights of Licensee under this Agreement that may be affected or
replaced by such Ordinance, Franchise, or Agreement, shall terminate. Furthermore, the City shall
have the right to revoke the Licensee's rights under this Agreement, with or without cause, at any
time upon giving the Licensee sixty days written notice, such notice to be sent to the Licensee at the
following address by certified return receipt mail or overnight delivery service or by facsimile:
KDL of Virginia, Inc.
3701 Communications Way
Evansville, IN 47715
Facsimile: (812) 759-5046
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Section 10: Other remedies.
Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the
City or Licensee may have, at law or in equity, for enforcement of this Agreement.
Section 11: Severability.
If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its
application to any person, is, for any reason, declared invalid, in whole or in part by any court or
agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions
hereof.
Section 12: Transfer of ownership.
Licensee shall not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either
voluntarily or by force or involuntary sale, or ordinary sale, consolidation, or otherwise any of the
rights or privileges granted by this Agreement without the prior consent of the City Council.
Provided, however, if Licensee should have a name change only, no transfer of assets or obligations
to other entities, such a transfer will only require written notice to City Council at least 30 days prior
to such transfer.
Section 13: Costs.
Licensee will pay to the City the costs and expenses incurred by the City related to the grant of this
License Agreement. The total amount of costs and expenses Licensee will owe the City in
connection with the grant of this License Agreement and/or the adoption of a Telecommunications
Regulatory Ordinance and LicenselFranchise Agreement will be determined upon the City's adoption
of such Ordinance and/or Agreement, not to exceed $10,000 per Licensee. However, Licensee will
also pay the City all reasonable costs and expenses incurred by the City in connection with any
enforcement or defense of this License Agreement. All such costs and expenses are to be paid within
thirty days after submission of any statements to the Licensee by the City for such costs and
expenses.
Section 14: Conditions of License.
Section 14.1: Location of Facilities:
All telecommunications facilities shall be constructed, installed and located in accordance
with the following terms and conditions, unless otherwise specified:
14.1.1:
To the extent feasible, a Grantee shall install its telecommunications
facilities within an existing underground duct or conduit whenever
excess capacity exists within such utility facility. If not feasible,
Grantee, upon approval from the City, may construct or install its own
conduits or ducts.
14.1.2:
A Grantee with permission to install overhead facilities shall install
its telecommunications facilities on pole attachments to existing or
replacement utility poles only, and then only if surplus space is
available.
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14.1.3:
14.1.4:
14.1.5:
Whenever any eXIstmg electric utilities, cable facilities or
telecommunications facilities are located underground within a public
way of the City, a Grantee with permission to occupy the same public
way must also locate its telecommunications facilities underground.
Whenever any new or existing electric utilities, cable facilities or
telecommunications facilities are located or relocated underground
within a public way of the City, a Grantee that currently occupies the
same public way shall relocate its facilities underground, at Grantee's
sole cost, within a reasonable period of time, which shall not be later
than the end of the grant term. Absent extraordinary circumstances or
undue hardship as determined by the City, such relocation shall be
made concurrently to minimize the disruption of the public ways.
Whenever new telecommunications facilities will exhaust the
capacity of a public way or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
Grantee shall provide, at no cost to City, additional ducts, conduits,
manholes, handholes and other facilities for nondiscriminatory access
to future telecommunications carriers or use alternate routes, subject
to approval from the City.
Section 14.2: Compliance with Laws:
All Grantees shall, before commencing any construction in the public ways, comply with all
local, state and federal laws and regulations and continue to comply with them throughout
the License or Franchise.
Section 14.3: Permits:
All Grantees are required to obtain all applicable permits for telecommunications facilities as
required in this Agreement. However, nothing shall prohibit the City and a Grantee from
agreeing to an alternative plan to review permit and construction procedures in an agreement,
provided such alternative procedures provide substantially equivalent safeguards for
responsible construction practices.
Section 14.4: Public Works:
The rights and privileges granted by this Agreement shall not be in preference or hindrance to
the rights of the City and any other lawful governmental authorities having jurisdiction to
perform or carry out any public works or public improvements. Should the
telecommunications system interfere with the construction, maintenance or repair of such
public works or improvements, Grantee, at its sole expense, shall protect or relocate the
telecommunications system, or any applicable part thereof, as directed by the City or other
governmental authorities having jurisdiction.
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Section 14.5: Use of Public Ways:
14.5.1:
14.5.2:
14.5.3:
KDL License Agreement 2008.doc
Grantee, in any opening it shall make in the public ways of the City,
shall be subject to the provisions of this Agreement and to all
applicable ordinances, codes and regulations of the City. The
telecommunications system of the Grantee shall be located so as not
to interfere with the public safety or with the convenience of persons
using the public ways.
The City reserves the right by resolution of the City Council or
otherwise through proper representatives of the City to specifically
designate the location of the telecommunications system of Grantee
with reference to municipal facilities, such as sewer and water mains,
drainage facilities, fiber optic cable, signal poles and lines and similar
services, other facilities, such as public telephone utilities, public
electric utilities, public cable television utilities, and railway
communication and power lines, in such a manner as to protect the
public safety and public and private property and to facilitate the
creation of a convenient, attractive and harmonious community.
Failure by the City to so designate does not relieve Grantee of its
responsibilities in matters of public safety as provided in this
Agreement. Grantee shall construct, maintain and locate its
telecommunications system so as not to interfere with the
construction, location and maintenance of sewer, water, drainage,
electrical, signal and fiber optic facilities of the City.
Except in the cases of emergencies, Grantee shall at all times comply
with Section 30-60 et seq. of the Code of the City of Roanoke, 1979,
as amended, with respect to any opening it shall make in the public
ways of the City. Grantee shall not extend beyond the locations
specified in Exhibit 1 its telecommunications system in any public
way unless prior written notice of its intention to do so is given to the
City Manager and permission in writing to do so is granted by the
City Manager or such requirement is waived by the City Manager.
Such permission shall be conditioned upon compliance with the terms
and conditions of this Agreement, with such other terms and
conditions as will preserve, protect and promote the safety of the
public using the public ways, and as will prevent undue interference
with or obstruction of the use of the public ways of the public, the
City or by any public utility or any public service corporation for their
respective purposes and functions. Such work by Grantee shall also
be coordinated with the City's annual paving program through the
Office of the City Engineer, or other designated City Department.
This includes the City of Roanoke Right of Way Excavation and
Restoration Standards-First Revision dated March 1, 2006, and as
they may be amended.
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14.5.4:
14.5.5:
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The City does require that written permits, in any and all cases, be
obtained by Grantee whenever it becomes necessary for Grantee to
excavate in the public ways in order to install, construct, maintain or
extend the telecommunications system. Such permits are applicable
to any and all types of excavations in the public ways, and City
Council may, by resolution, establish a fee for each excavation made
in a public way. Such permits may require the particular part or point
of the public ways where construction or excavation is to be
conducted, the length of time in which such permit shall authorize
such work to be done and the hours of each day during which such
work shall be undertaken. A single permit may be issued for multiple
excavations to be made in public ways; provided, however, any
public way opening fee established by City Council shall apply to
each excavation made in public ways of the City. Exceptions to the
requirement for a written permit may be allowed in cases of
emergencies involving public safety or restoration of service. In the
case of emergency excavations made in the public ways without
permit, Grantee may make a report of each sUGh excavation to the
City within two (2) working days and pay such fee as may be
established by City Council for excavations in public ways. Any
permit applications and inspections related to repair of excavations
shall be promptly acted upon by the City so as not to unreasonably
delay the Grantee in discharging its public service obligation. Any
fees for permits or inspections charged by the City shall be based on
the City's costs of administering the program of issuing permits and
conducting inspections.
Immediately after installation, repair or extension of the
telecommunications system or any portion thereof or any pavement
cut by Grantee in any public way of the City, the incidental trenches
or excavations shall be refilled by Grantee in a manner reasonably
acceptable to the City Manager. Pavement, sidewalks, curbs, gutters
or any other portions of public ways damaged, disturbed or destroyed
by such work shall be promptly restored and replaced with like
materials to their former condition by Grantee at its own expense;
however, where it is necessary, and if authorized by the City, in order
to achieve the former conditions, Grantee shall use materials whose
type, specification and quantities exceed or are different from those
used in the installation, and Grantee at its own expense shall provide
such different materials. Where a cut or disturbance is made in a
section of sidewalk or paving, rather than replacing only the area
actually cut, Grantee shall replace the full width of the existing
sidewalk or appropriate sections of paving as determined by the City
Engineer and the full length of the section or sections cut, a section
being defined as that area marked by expansion joints or scoring or as
determined by the City Engineer. Grantee shall maintain, repair and
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14.5.6:
14.5.7:
KDL License Agreement 2008.doc
keep in good condition for a period of one (1) year following such
disturbance all portions of public ways disturbed by Grantee,
provided such maintenance and repair shall be necessary because of
defective workmanship or materials supplied by Grantee.
Grantee shall promptly remove or correct any obstruction, damage, or
defect in any public way which was caused by Grantee in the
installation, operation, maintenance or extension of Grantee's
telecommunications system. Any such obstruction, damage, or defect
which is not promptly removed, repaired or corrected by Grantee after
proper notice to do so, given by the City to Grantee, may be removed
or corrected by the City, and the cost thereof shall be charged against
Grantee and may be enforced as a lien upon any of Grantee's
properties or assets subject to any prior existing liens. Any expense,
cost, or damages incurred for repair, relocation, or replacement to
City water, sanitary sewer, storm sewer, storm drainage,
communication facilities or other property resulting from
construction, operation, maintenance or extension of Grantee's
telecommunications system shall be borne by Grantee and any and all
expense and cost incurred in connection therewith by the City shall be
fully reimbursed by the Grantee to the City.
(a) If weather or other conditions do not permit the complete
restoration required by this Section, the Grantee shall
temporarily restore the affected public ways or property.
Such temporary restoration shall be at the Grantee's sole
expense and the Grantee shall promptly undertake and
complete the required permanent restoration when the
weather or other conditions no longer prevent such permanent
restoration.
(b) A Grantee or other person acting in its behalf shall use
suitable barricades, flags, flagmen, lights, flares and other
measures as required for the safety of all members of the
general public and to prevent injury or damage to any person,
vehicle or property by reason of such work in or affecting
such ways or property and shall comply with all federal, state,
and local laws and regulations, including the Virginia
Department of Transportation flagging requirements.
Grantee shall not open, disturb or obstruct, at anyone time, any more
of the public ways than reasonably may be necessary to enable it to
proceed in laying or repairing its telecommunications system. Neither
shall Grantee permit any public ways so opened, disturbed or
obstructed by it in the installation, construction, repair or extension of
its telecommunications system to remain open or the public way
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14.5.8:
disturbed or obstructed for a longer period of time than reasonably
shall be necessary. In all cases where any public ways shall be
excavated, disturbed or obstructed by Grantee, Grantee shall take all
precautions necessary or proper for the protection of the public and
shall maintain adequate warning signs, barricades, signals and other
devices necessary or proper to adequately give notice, protection and
warning to the public of the existence of all actual conditions present.
Whenever the City shall widen, reconstruct, realign, pave or repave,
or otherwise work on any public ways, or shall change the grade or
line of any public ways, or shall construct or reconstruct any water,
sanitary sewer, storm sewer, drainage or communications facility of
the City, it shall be the duty of Grantee to move, alter or relocate its
telecommunications system or any part thereof as requested by the
City at Grantee's cost and expense and as may be provided by
applicable law. Upon written notice by the City Manager of the City's
intention to perform work as specified above, Grantee shall within a
reasonable period of time accomplish its obligation in accordance
with and to conform to the plans of the City for such construction,
reconstruction or improvements. Should the Grantee fail, refuse or
neglect to comply with such notice, the telecommunications system or
any part thereof may be removed, altered or relocated by the City, the
cost of which shall be paid by Grantee, and the City shall not be liable
to Grantee for any damages resulting from such removal, alteration or
relocation. In cases where Grantee believes the costs of relocation by
Grantee would be cost prohibitive and an alternative location of the
City's facilities would be feasible, the City and Grantee may jointly
evaluate whether Grantee could reasonably pay any additional costs to
the City of the alternative City facility location in lieu of relocating
Grantee's facilities.
Section 14.6: Damage to Property:
No Grantee nor any person acting on a Grantee's behalf shall take any action or permit any
action to be done which may impair or damage any City Property, public ways or other areas
of the City, or other property located in, on or adjacent thereto.
Section 14.7: Repair and Emergency Work:
In the event of an unexpected repair or emergency, a Grantee may commence such repair and
emergency response work as required under the circumstances, provided the Grantee shall
notify the City as promptly as possible, before such repair or emergency work is started or as
soon thereafter as possible if advance notice is not practicable, but in no event later than 2
working days.
Section 14.8: Maintenance of Facilities:
Each Grantee shall maintain its facilities in a good and safe condition and in a manner that
KDL License Agreement 2008.doc
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complies with all applicable federal, state and local requirements, laws, ordinances, and
regulations.
Section 14.9: Safety Standards.
Grantee shall at all times employ a high standard of care and shall install and maintain and
use approved methods and devices for preventing failure or accidents which are likely to
cause damages, injuries or nuisances to the public.
Section 14.10: Police Power.
All rights and privileges granted hereby are subject to the lawful exercise ofthe police power
of the City to adopt and enforce local laws, rules and regulations necessary to the health,
safety and general welfare of the public. Expressly reserved to the City is the right to adopt,
in addition to the provisions of this Agreement, any License or Franchise and existing laws,
such additional ordinances and regulations as are necessary for the lawful exercise of its
police power for the benefit and safety of the public.
Section 14.11: Relocation or Removal of Facilities:
Within thirty (30) days following written notice from the City, a Grantee shall, at its own
expense, temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways whenever the City shall have
determined that such removal, relocation, change or alteration is reasonably necessary for:
14.11.1:
The construction, repair, maintenance or installation of any City
facilities or other public improvement in or upon the public ways.
14.11.2:
The operations of the City or other governmental entity in or upon the
public ways.
Section 14.12: Removal of Unauthorized Facilities:
Within thirty (30) days following written notice from the. City, any Grantee,
telecommunications carrier, or other person that owns, controls or maintains any
unauthorized telecommunications system, facility or related appurtenances within the public
ways or other areas of the City shall, at its own expense, remove such facilities or
appurtenances from the public ways or other areas of the City. A telecommunications system
or facility is unauthorized and subject to removal in the following circumstances:
14.12.1:
Upon expiration or termination of the Grantee's telecommunications
License or Franchise.
14.12.2:
Upon abandonment of a facility within the public ways of the City.
14.12.3:
If the system or facility was constructed or installed without the prior
grant of a telecommunications License or Franchise.
14.12.4:
If the system or facility was constructed or installed without the prior
issuance of a required construction permit.
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14.12.5:
If the system or facility was constructed or installed at a location not
permitted by the Grantee's telecommunications License or Franchise.
14.12.6:
Such other circumstances as the City may determine that shows
telecommunications system or facility is unauthorized.
Section 14.13: Emergency Removal or Relocation of Facilities:
The City retains the right and privilege to cut or move any telecommunications facilities
located within the public ways or other areas of the City as the City may determine to be
necessary, appropriate or useful in response to any public health or safety emergency. The
City will endeavor to notify telecommunications carriers of emergencies which may impact
their telecommunications facilities by either attempting to notify the carrier or the appropriate
notification center. Nothing herein shall create any duties or obligations on the City to so
notify said telecommunications carriers nor shall the City, its officers, agents, employees, or
volunteers in any way be liable for any failure to notify said telecommunications carriers or
notification center.
Section 14.14: Damage to Grantee's Facilities:
The City, its officers, agents, employees, or volunteers shall not be liable for any damage to
or loss of any telecommunications services or any telecommunications facility within the
public ways or any other areas of the City as a result of or in connection with any public
works, public improvements, construction, excavation, grading, filling, or work or activity or
lack of any activity of any kind by or on behalf of the City.
Section 14.15: Facilities Maps:
Grantee shall provide the City with "as built" drawings and an accurate map or maps in an
electronic form agreed to by City and Grantee certifying the location of all of Grantee's
telecommunications facilities within the City. To the extent City and Grantee cannot agree
on an appropriate electronic form for the above referenced map or maps, Grantee agrees to
provide City with such information in hard copy or paper format. Grantee shall, upon
request, provide updated maps in accordance with this Section on an annual basis.
Section 14.16: Duty to Provide Information:
Within ten (10) days of a written request from the City, each Grantee shall furnish the City
with information sufficient to demonstrate:
14.16.1:
That Grantee has complied with all requirements of this Agreement.
14.16.2:
That all municipal sales, telecommunications taxes, utility taxes or
any other taxes or charges due the City in connection with the
telecommunications services or facilities provided by the Grantee
have been properly collected and/or paid by the Grantee.
Section 14.17: Leased Capacity:
Grantee shall have the right, without prior City approval, to offer or provide capacity or
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bandwidth to persons; provided, Grantee shall provide City written notice when capacity or
bandwidth is leased to another telecommunications carrier or telecommunications provider.
Grantee shall only be required to provide such notice on the first occasion each
telecommunications carrier or telecommunications provider comes within the above notice
requirement.
Section 14.18: Insurance and Bond Requirements:
(a) Requirement of insurance. Grantee shall, at its expense, obtain and maintain
during the life of any License or Franchise the insurance and bonds required
by this Agreement. Any required insurance and bonds shall be effective prior
to the beginning of any work by Grantee within the City.
(b) Commercial General Liability. Grantee shall maintain during the life of its
License or Franchise Commercial General Liability insurance coverage on an
occurrence basis insuring against all claims, loss, cost, damage, expense or
liability from loss of life or damage or injury to persons or property arising
out of any of the work or activity under or by virtue of its LicenselFranchise
or arising out of the LicenselFranchise. The minimum limits of liability for
this coverage shall be $10,000,000 combined single limit for anyone
occurrence.
(c) Contractual Liability. Grantee shall maintain during the life of its
LicenselFranchise broad form Contractual Liability insurance including the
indemnification obligation set forth in this Agreement.
(d) Workers' Compensation. Grantee shall maintain during the life of its
LicenselFranchise Workers' Compensation insurance covering Grantee's
statutory obligation under the laws of the Commonwealth of Virginia and
Employer's Liability insurance for all its employees engaged in work under
its LicenselFranchise. Minimum limits of liability for Employer's Liability
shall be $100,000 bodily injury each occurrence; $500,000 bodily injury by
disease (policy limit); and $100,000 bodily injury by disease (each
employee). With respect to the Workers' Compensation coverage, the
Grantee's insurance company shall waive rights of subrogation against the
City, its officers, agents, employees and volunteers.
(e) Automobile Liability. Grantee shall maintain during the life of its
LicenselFranchise Automobile Liability insurance. The minimum limit of
liability for such insurance shall be $1,000,000 combined single limit
applicable to owned or non-owned vehicles used in the performance of any
work under its LicenselFranchise.
(f) Umbrella Coverage. The insurance coverages and amounts set forth in
subsections (b), (c), (d) and (e) of this Section may be met by an umbrella
liability policy following the form of the underlying primary coverage in a
KDL License Agreement 2008.doc
14
minimum amount of $10,000,000. Should an umbrella liability insurance
coverage policy be used, such coverage shall be accompanied by a certificate
of endorsement stating that it applies to the specific policy numbers indicated
for the insurance providing the coverages required by subsections (b ), (c), (d)
and (e), and it is further agreed that such statement shall be made a part of the
certificate of insurance furnished by Grantee to the City.
(g) Pollution Liability Insurance. $1,000,000 each occurrence. Coverage shall
be provided for bodily injury and property damage resulting from pollutants
which are discharged suddenly and accidentally. Also the insurance will
provide coverage for cleanup costs.
(h) Evidence of Insurance. All insurance shall meet the following requirements:
(1) The Grantee shall furnish the City a certificate or certificates of
insurance showing the type, amount, effective dates and date of
expiration of the policies. Certificates of insurance shall include any
insurance deductibles, the amount of such deductible being subject to
approval by the City.
(2) The required certificate or certificates of insurance shall include
substantially the following statement: AThe insurance covered by this
certificate shall not be canceled or materially altered, except after
thirty (30) days written notice has been provided to the City of
Roanoke.
(3) The required certificate or certificates of insurance shall name the
City of Roanoke, its officers, agents, employees and volunteers as
additional insureds with regard to general liability, auto, and pollution
coverages.
(4) Insurance coverage shall be in a form and with an insurance company
approved by the City which approval shall not be unreasonably
withheld. . Any insurance company providing coverage under this
Agreement or any License/Franchise granted under this Agreement
shall be authorized to do business in the Commonwealth of Virginia.
(i) Bond. Grantee shall post and maintain for the life of its License/Franchise a
performance bond in favor of the City in the amount of $50,000. The bond
shall be issued by a bonding company approved by the City and authorized to
do business in Virginia.
Section 14.19: Indemnification:
Grantee agrees and binds itself to indemnify, keep and hold the City, its officers, agents,
employees and volunteers free and harmless from any and all claims, causes of action,
damages or any liability on account of any injury or damage of any type to any persons or
KDL License Agreement 2008.doc
15
property growing out of or directly or indirectly resulting from any act or omission of
Grantee, including but not limited to: (a) Grantee's use of the public ways or other areas of
the City; (b) the acquisition, construction, reconstruction, erection, installation, operation,
maintenance, repair or extension of Grantee's telecommunications facilities; (c) the exercise
of any right or privilege granted by or under this Agreement or any License/Franchise; or (d)
the failure, refusal or neglect of Grantee to perform any duty imposed upon or assumed by
Grantee by or under this Agreement or any License/Franchise. In the event that any suit or
proceeding shall be brought against the City at law or in equity, either independently or
jointly with Grantee on account of anything set forth above, Grantee, upon notice given to it
by City, will defend the City in any such action or other proceeding, at the cost of the
Grantee; and in the event of any settlement or final judgment being awarded against the City,
either independently or jointly with Grantee, then Grantee will pay any such settlement or
judgment or will comply with such decree, pay all costs and expenses of whatsoever nature
and hold the City, its officers, agents, employees and volunteers harmless therefrom.
Section 14.20: Hazardous Materials:
14.20.1
14.20.2
KDL License Agreement 2008.doc
While on or near City's property or easement or in its performance
pursuant to this Agreement Grantee shall not transport, dispose of or
release any hazardous substance, material, or waste, except as
necessary in performance of its work under this Agreement and in any
event Grantee shall comply with all federal, state, and local laws,
rules, regulations, and ordinances controlling air, water, noise, solid
wastes, and other pollution, and relating to the storage, transport,
release, or disposal of hazardous material, substances or waste.
Regardless of City's acquiescence, Grantee shall indemnify and hold
City, its officers, agents, employees and volunteers harmless from all
costs, claims, damages, causes of action, liabilities, fines or penalties,
including reasonable attorney's fees, resulting from Grantee's
violation of this paragraph and agrees to reimburse City for all costs
and expenses incurred by City in eliminating or remedying such
violations. Grantee also agrees to reimburse City and hold City, its
officers, agents, employees and volunteers harmless from any and all
costs, expenses, attorney's fees and all penalties or civil judgments
obtained against any of them as a result of Grantee's use or release of
any hazardous material, substance or waste onto the ground or
otherwise, or into the water or air from, near or upon City's premises.
The Grantee shall protect, indemnify, and hold harmless the City
from any and all demands for fees, claims, suits, actions, causes of
action, or judgments based on the alleged infringement or violation of
any patent, invention, article, arrangement, or other apparatus that
may be used in the performance of any work or activity arising out of
the use of any telecommunication facilities or the provision of
telecommunications service.
16
Section 14.21: Performance and Labor and Material Surety:
Before a License or Franchise or this Agreement is effective, and as necessary thereafter, the
Grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in
form and substance acceptable to the City as may be required by this License or Franchise
Agreement.
Section 14.22: Bonds:
Within 10 consecutive calendar days after the effective date of the Agreement but before any
construction is commenced, Grantee shall furnish to the City a performance bond and a labor
and material payment bond each made payable to the City in the amount of one hundred
(100% ) of the estimated cost of constructing Grantee's telecommunications facilities for the
construction covered by each permit, which in no event shall be less than $50,000, within the
public ways or other areas of the City. The Performance Bond is to guarantee that the project
will be free of defective workmanship and materials discovered after completion and that the
work is done in a proper manner without damage to the public ways or other areas of the
City. The bonds shall be written by a corporate surety acceptable to the City and authorized
to do business in the Commonwealth of Virginia. These performance and payment bonds
shall remain in force until 60 days after completion of construction of Grantee's
telecommunications facilities covered by each permit, as determined by the City and upon a
certification of completion by Grantee. After the 60 day period has expired these
performance and payment bonds may be extinguished by Grantee. However, the City
reserves its right to require- reimposition or to require Grantee to provide new performance
and payment bonds in the event any material defaults are discovered in the existing system
which, in the opinion of the City, present a need for reimposition of the bonds.
14.22.1:
The bonds shall guarantee, to the satisfaction of the City:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
KDL License Agreement 2008.doc
timely completion of construction;
construction in compliance with applicable plans, permits,
technical codes and standards;
proper location of the facilities as specified by the City;
restoration of the public ways and other property affected by
the construction;
the submission of Aas-built@ drawings after completion of the
work as required by this Agreement.
timely payment and satisfaction of all claims, demands or
liens for labor, material or services provided in connection
with the work.
removal of the telecommunications facilities, if required by
17
the terms. of this Agreement
Section 14.23: Coordination of Construction Activities:
All Grantees are required to cooperate with the City and with each other and all construction
locations, activities and schedules shall be coordinated, as ordered by the City Engineer, to
minimize public inconvenience, disruption or damages.
Section 14.24: Transactions Affecting Control of Grant:
Any transactions which singularly or collectively result in a change of fifty percent (50%) or
more of the ownership or working control of the Grantee, of the ownership or working
control of a telecommunications License or Franchise, of the ownership or working control
of affiliated entities having ownership or working control of the Grantee or of a
telecommunications system, or of control of the capacity or bandwidth of Grantee's
telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to this Agreement, which shall not be
unreasonably withheld. Transactions between affiliated entities are not exempt from City
approval.
Section 14.25: Leasing of Facilities:
Grantee shall not lease or license any of its telecommunications facilities, including any
conduit or duct space in its telecommunications system, to any telecommunications carrier or
telecommunications provider for the placement of any additional telecommunications
facilities without first providing City advanced written notice. Grantee shall only be required
to provide such notice on the first occasion each telecommunications carrier or
telecommunications provider comes within the above notice requirement.
Section 14.26: Nonenforcement by City:
Grantee shall not be excused from complying with any of the terms and conditions of this
Agreement or any License or Franchise by any failure of the City, upon anyone or more
occasions, to insist upon Grantee's performance or to seek Grantee's compliance with any
one or more of such terms or conditions of this Agreement or the terms and conditions of any
License or Franchise.
Section 15: Construction Standards
Section 15.1. General:
Grantee shall not commence or continue with the construction, installation or operation of
telecommunications facilities within the City except as provided in this Agreement.
Section 15.2: Construction Codes:
Telecommunications facilities shall be constructed, installed, operated and maintained in
accordance with all applicable federal, state and local laws, codes, rules and regulations
including the National Electrical Safety Code.
Section 15.3: Permits:
No person shall construct or install any telecommunications facilities within the City without
KDL License Agreement 2008.doc
18
first obtaining all appropriate permits therefor, provided, however:
15.3.1:
All construction shall be coordinated with the office of the City
Engineer, or other designated City Department, and the City's annual
pavmg program.
Section 15.4: Applications:
Applications for permits to construct telecommunications facilities shall be submitted upon
forms to be provided by the City and shall be accompanied by drawings, plans and
specifications in sufficient detail to demonstrate:
15.4.1:
15.4.2:
15.4.3:
15.4.4:
15.4.5:
15.4.6:
15.4.7:
That the facilities will be constructed in accordance with all
applicable laws, codes, rules and regulations.
The location and route of all facilities to be installed on existing or
replacement utility poles.
The location and route of all facilities to be located under the surface
of the ground, including the line and grade proposed for the burial at
all points along the route which are within the public ways or other
areas of the City.
The location of all existing underground utilities, conduits, ducts,
pipes, mains, manholes, handholes, junction points and installations
which are within the public ways along the underground route
proposed by the applicant.
The location of all other facilities to be constructed within the City,
but not within the public ways.
The specific construction methods to be employed for protection of
existing structures, fixtures, and facilities within or adjacent to the
public ways.
The location, dimension and types of all trees within or adjacent to
the public ways along the route proposed by the applicant, together
with a landscape plan for protecting, trimming, removing, replacing
and restoring any trees or areas to be disturbed during construction.
Section 15.5: Engineer's Certification:
All permit applications shall be accompanied by the certification of a registered professional
engineer that the drawings, plans and specifications submitted with the application comply
with applicable technical codes, rules and regulations.
Section 15.6: Traffic Control Plan:
All permit applications which involve work on, in, under, across or along any public ways or
KDL License Agreement 2008.doc
19
other areas of the City shall be accompanied by a traffic control plan demonstrating the
protective measures and devices that will be employed, consistent with applicable local, state
and federal laws and regulations, to prevent injury or damage to persons or property and to
minimize disruptions to efficient pedestrian and vehicular traffic.
Section 15.7: Issuance of Permit:
Within twenty (20) working days after submission of all plans and documents required of the
applicant and payment of the fees required by this Agreement, and compliance with the
provisions of the Virginia Code, the City, if satisfied that the applications, plans and
documents comply with all requirements of this Agreement, will issue a permit authorizing
construction of the facilities, subject to such further conditions, restrictions or regulations
affecting the time, place and manner of performing the work as may be deemed necessary or
appropriate.
Section 15.8: Construction Schedule:
.The Grantee shall submit a written construction schedule to the City Engineer ten (10)
working days before commencing any work in or about the public ways. The Grantee shall
further notify the City Engineer not less than five (5) working days in advance of any
excavation or work in the public ways and shall comply with the provisions of the Virginia
Underground Utility Damage Prevention Act, Virginia Code ~ 56-265.14 et. seq.
Section 15.9: Compliance with Permit:
All construction practices and activities shall be in accordance with the permit and approved
final plans and specifications for the facilities. The City and its representatives shall be
provided access to the work and such further information as it may require to ensure
compliance with such requirements.
Section 15.10: Display of Permit:
The Grantee shall maintain a copy of the construction permit and approved plans at the
construction site, which shall be displayed and made available for inspection by the City at
all times when construction work is occurring.
Section 15.11: Survey of Underground Facilities:
The Grantee shall supply and specify the location of all facilities by depth, line, grade,
proximity to other facilities or other standard, the Grantee shall cause the location of such
facilities to be verified, to the extent required, by a registered state surveyor. The Grantee
shall relocate, at its expense, any facilities which are not located in compliance with permit
requirements.
Section 15.12: Noncomplying Work:
Upon direction of the City, all work which does not comply with the permit, the approved
plans and specifications for the work, or the requirements of this License or Franchise, shall
be removed at the sole expense of Grantee.
Section 15.13: Completion of Construction:
The Grantee shall promptly complete all construction activities so as to minimize disruption
KDL License Agreement 2008.doc
20
of the City public ways and other public and private property. All construction work
authorized by a permit within City, including restoration, must be completed within 120 days
of the date of issuance of the permit.
Section 15.14: As-Built Drawings:
Within sixty (60) days after completion of construction, the Grantee shall furnish the City
with two (2) complete sets of as built plans, drawn to scale and certified to the City as
accurately depicting the actual location of all telecommunications facilities constructed
pursuant to the Agreement or permit and shall include a digitized map(s) in both printed and
electronic form readable by the current version of Auto CAD and tied to the Virginia State
Plane Coordinate System and tied to the City's Survey Control monuments and geographic
information system.
Section 15.15: Restoration of Public Ways, Other Ways and City Property:
Immediately after installation, repair or extension of the telecommunications facilities or any
portion thereof or any pavement cut by telecommunications carriers in any public way or
other areas of the City, the incidental trenches for excavation shall be refilled by
telecommunications carriers in a manner. reasonably acceptable to the City Manager.
Pavement, sidewalks, curbs, gutters, and any other portions of sidewalks or public ways
damaged, disturbed or destroyed by such work shall be promptly restored and replaced with
like materials to their former condition by telecommunications carriers at their own expense;
however, where it is necessary, and if authorized by the City, in order to achieve the former
conditions, telecommunications carriers shall use materials whose type, specification and
quantities exceed or are different from those used in the installation, and telecommunications
carriers at their own expense shall provide such materials. Where a cut or disturbance is
made to a section of sidewalk or paving, rather than replacing only the area actually cut,
telecommunications carriers shall replace the full width of the existing sidewalk or pavement
and the full length of the section or sections cut as determined by the City Engineer.
Telecommunications carriers shall maintain, repair and keep in good condition for a period
of one (1) year following such disturbance all portions of public ways or other areas
disturbed by telecommunications carriers.
15.15.1:
15.15.2:
KDL License Agreement 2008.doc
If weather or other conditions do not permit the complete restoration
required by this Section, the Grantee shall temporarily restore the
affected ways or property. Such temporary restoration shall be at the
Grantee's sole expense and the Grantee shall promptly undertake and
complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
A Grantee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as
required for the safety of all members of the general public and to
prevent injury or damage to any person, vehicle or property by reason
of such work in or affecting such ways or property and shall comply
with all federal, state, arid local laws and regulations, including the
Virginia Department of Transportation flagging requirements.
21
Section 15.16: Landscape Restoration:
15.16.1:
All trees, landscaping and grounds removed, damaged or disturbed as
a result of the construction, installation maintenance, repair or
replacement of telecommunications facilities, whether such work is
done pursuant to a Franchise, License, or permit must be replaced or
restored as nearly as may be practicable, to the condition existing
prior to performance of work.
15.16.2:
All restoration work within the public ways or other areas shall be
done in accordance with landscape plans approved by the City
Engineer.
Section 15.17: Performance and labor and material payment surety:
Prior to issuance of any permits, the Grantee shall provide a performance bond and a labor
and material payment bond, as required in this Agreement.
Section 15.18: Responsibility of Owner:
The owner of the facilities to be constructed and, if different, the License or Franchise
Grantee, are responsible for performance of and compliance with all provisions of this
Agreement.
Section 15.19: Controlling Law:
This Agreement shall be construed and enforced in accordance with the substantive law of
the Commonwealth of Virginia and any applicable federal laws.
Section 15.20: Captions:
The paragraph Captions and Headings in this Agreement are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
Section 15.21: Nondiscrimination:
A. Grantee shall not discriminate on the basis of race, religion, color, sex or
national origin in its employment practices, contracting or provision of
services.
B. The City represents and warrants that all telecommunications carriers or
providers having facilities in the public ways within the City are being treated
on a competitively neutral and non-discriminatory basis and have either (i)
executed agreements with the City containing substantially similar terms as
contained herein, or (ii) are using the City's public ways under preexisting
franchises that continue to be in effect.
KDL License Agreement 2008.doc
22
Section 16: Commencement of Work:
Licensee will not commence any work within the City until detailed plans have been provided to and
approved by the City Engineer, or other designated City Department.
Section 17: City of Roanoke Right of Way Excavation and Restoration Standards-First
Revision dated March 1, 2006, and as they may be amended.
The City has adopted the City of Roanoke Right of Way Excavation and Restoration Standards-First
Revision dated March 1, 2006, and as they may be amended. Should there be any conflict between
the provisions of this Agreement and such Standards, the more stringent provisions shall apply.
Section 18: Installation of Additional Conduit for the City:
At the time any trench, or other opening, is opened for installation or maintenance of conduit or
underground cable or other device, Licensee shall give the City at least twenty (20) days advance
written notice of such work and inform the City of the incremental cost of installing one additional
conduit for the exclusive use of the City of such dimension as specified by the City. If the City
directs Licensee in writing, Licensee shall install such an additional conduit at a charge no greater
than the actual incremental cost of labor and materials for such additional conduit. All construction
activities of Licensee shall be conducted in a workmanlike manner that will cause minimum
interference with the rights and reasonable convenience of the public's and other utilities' use of the
Streets and of the property owners directly affected thereby. Licensee shall maintain all structures,
cable, fiber, conduits, and related equipment that are located in, over, under, and upon the Streets in a
safe, suitable, substantial condition and in good order and repair at all times.
Section 19: Forum Selection:
By virtue of entering into this Agreement, Licensee agrees and submits itself to a court of competent
jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement is controlled by
the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims,
disputes, and other matters shall be decided only by such court according to the laws of the
Commonwealth of Virginia or any applicable federal laws.
Section 20: Effective Date:
The effective date of this License shall be
,20_.
Section 21: Removal of Licensee's Facilities:
If the City adopts a Telecommunications Regulatory Ordinance and/or Telecommunications
License/Franchise Agreement and if Licensee is awarded a license or franchise or otherwise granted
authority pursuant thereto, then on the effective date of any such award, the terms and conditions of
that Telecommunications Regulatory Ordinance and/or LicenseIFranchise Agreement shall supersede
all the terms and conditions of this Agreement and this Agreement shall be automatically and
immediately terminated. However, if Licensee is not awarded a license/franchise or otherwise
granted rights by any future Telecommunications Ordinance or Agreement adopted by the City, or if
the term of this Agreement expires or the rights granted to Licensee by this Agreement are revoked
by the City, Licensee shall immediately cease operations within the City and shall not be permitted to
operate, maintain or repair its existing encroachments or facilities and shall promptly remove any and
all of Licensee's facilities and equipment within the City, all at the sole cost of Licensee.
KDL License Agreement 2008.doc
23
KDL by the undersigned authorized agent, does hereby agree to abide by the terms, conditions and
obligations of the Agreement.
KDL License Agreement 2008.doc
SIGNATURE PAGE TO FOLLOW
24
WITNESS the following signatures:
AttestlWitness:
Printed Name and Title
AttestlWitness:
Printed Name and Title
Approved as to Form:
City Attorney
KDL License Agreement 2008.doc
City of Roanoke, Virginia
By
Darlene L. Burcham, City Manager
KDL of Virginia, Inc.
By
(SEAL)
Authorized Agent and
Approved as to Execution:
CORPORATE SEAL
City Attorney
25
Attachment of KDL of Virginia, Inc.
EXHIBIT #1 TO THE TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE
AGREEMENT BETWEEN CITY OF ROANOKE AND KDL OF VIRGINIA, INC.
Attached is the route of the KDL of Virginia, Inc., and fiber optic network for the City of Roanoke.
The KDL of Virginia, Inc., fiber optic network is approximately _ fiber route miles in the Roanoke
area. KDL will be constructing this network within the City of Roanoke, Salem, and Roanoke
County. Reference is made to the specific plans and specifications to be provided to the Office of
the Roanoke City Engineer or other designated City Department for greater detail.
KDL of Virginia, Inc.,
By
Typed Name
Title:
KDL License Agreement 2008.doc
26
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 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38094-051908 amending Section 32-188,
Definitions, Section 32-197, Dealer's and seller's records qenerallv, Section 32-
199, Seizure of unstamped ciqarettes. Section 32-202, Violations of article
qenerallv. and Section, 32-203, Same--Prohibited acts enumerated. of Article
VIII, Ciqarette Tax. of Chapter 32, Taxation. of the Code of the City of Roanoke
(1979), as amended, by adding certain definitions, penalties and requirements,
as authorized by Section 58.1-3832 of the Code of Virginia (1950), as amended;
and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~ '1J.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
Darlene L. Burcham
May 20, 2008
Page 2
pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, Treasurer
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate
Lora A. Wilson, Law Librarian
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Dana D. Long, Manager, Billings and Collections
Cecelia R. Tyree, Assistant Deputy City Clerk
,r\.'h L
\ ..J
IN THE COUNCIL OF THE CITY OF ROANOKE
The 19th day of May, 2008.
No. 38094-051908.
AN ORDINANCE amending Sec. 32-188, Definitions, Sec. 32-197, Dealer's and seller's
records generally, Sec. 32-199, Seizure of unstamped cigarettes, Sec. 32-202, Violations of article
~
generally, and Sec., 32-203, Same--Prohibited acts enumerated. of Article VIIr, Cigarette Tax, of
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by adding certain
definitions, penalties and requirements, as authorized by Section 58.1-3832 of the Code of Virginia
(1950), as amended; and dispensing with the second reading of this ordinance by title.
BE rT ORDAINED by the Council ofthe City of Roanoke as follows:
1. Sec. 32-188, Definitions, Sec. 32-197, Dealer's and seller's records generally, Sec. 32-
199, Seizure of unstamped cigarettes. Sec. 32-202, Violation of article-Generally. and Sec. 32-203,
Same- Prohibited acts enumerated. of Article VIII, Cigarette Tax, of Chapter 32, Taxation, of the Code
of the City of Roanoke (1979), as amended, are hereby amended to read and provide as follows:
ARTICLE VIII. CIGARETTE TAX
S32-188. Definitions.
* * *
Carton. The word "carton" shall means 10 packs of cigarettes, each containing 20
cigarettes or eight packs, each containing 25 cigarettes.
Cigarette. The word "cigarette" means any product that contains nicotine, is intended to
be burned or heated under ordinary conditions of use, and consists of or contains (i) any
roll of tobacco wrapped in paper or in any subsiancenotcontaining tobacco; (ii)
tobacco, in any form, that is functional in the product, which, because of its appearance,
the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette; or (iii) any roll of tobaccq wrapped in any
substance containing tobacco which, because of its appearance, the type of tobacco used
in the filler, or its packaging and labeling, is likely to be offered to, or purchased by,
consumers as a cigarette described in clause (i) of this definition. The term "cigarette"
includes "roll-your-own" tobacco, which means any tobacco which, because of its
C:\DOCUME-l \cleml \LOCALS-l \Temp\notesEIEF34\-8540561.doc
1
appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or
purchased by, consumers as tobacco for making cigarette includes the term little cigars.
For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco
shall constitute one individual cigarette.
Cigar. The }'\lord' (( cigar" means any roll of tobacco wrapped in leaf tobacco or in any
substance containing tobacco (other than any roll of tobacco which is a cigarette within
the definition of cigarette herein.
* * *
Use. The word "use" shall mean the exercise of any right or power over cigarettes
incident to the ownership thereof or by any transaction where possession is given, except
that it shall not include the sale of cigarettes in the regular course of business.
***
S32-197. Dealer's and seller's records generally.
It shall be the duty of every local dealer and seller to maintain and to keep, for a period of
{we three years such records of cigarettes received and sold by him as may be required by
the director of fmance, to make all such records available for examination in the city by
the director of finance, the commissioner or the license inspector upon demand, and to
make available the means, facilities and opportunity for making such examination at all
reasonable times. Any person who fails or refuses to keep and presen'e the records as
herein required shall be guilty ofa Class 2 misdemeanor.
***
~32-199. Seizure ofunstamped cigarettes
Inth~event t~e. directo: o~ financ~,t~e.c?IlJlllissi?ner ort~e. license. inspector discoversaIly
cigarettes which are subjeCt to the tax Unposed under the provisions of this article, 15i.1tupon
which such tax has not been paid and upon which stamps have not been affixed or evidence of
payment shown thereon by the printed markings of a meter machine in compliance with the
provisions of this article such officers, or any of them, are hereby authorized and empowered
to seize and take possession forthwith of such cigarettes, which shall thereupon be deemed to
be forfeited to the city. The director of finance or his designee ("director") shall, after
providing notice of such seizure to the known holders of property interests in such property and
waiting the required length of time for an appeal as further set forth in this section, destroy any
seized cigarettes or other property used in the furtherance of any illegal evasion of the tax. Such
seizure shall not be deemed to relieve any person from any of the penalties provided in this
article. Cigarettes that are acquired, held, owned, possessed, sold or distributed in violation of
this article shall be deemed contraband and shall be subject to seizure, forfeiture, and
destruction. Such cigarettes shall be deemed contraband whether or not the violation of this
chapter is with knowledge.
***
C:\DOCUM&--l \clcml \LOCALS-l \ Temp\notesE 1 EF34\-8540561.doc
2
~32-202. Violations of article--Generally.
Each violation of, or noncompliance with, any of the provisions of this article shall
constitute a Class J1misdemeanor, provided however, that any violation of Section 32-
197 of this afticle shall constitute a Class 2 misdemeanor. Each pack of cigarettes not
having proper stamps affixed thereto as herein required shall be deemed a separate
offense for the purposes of monetary penalties imposed by this sectlon. Any cigarettes in
the place of business of any person required by the provisions of this chapter to stamp the
same shall be prima facie evidence that they are intended for sale Any fine or penalty
paid by any person due to any violation to this article shall not relieve such person from
the payment of the tax, penalty or interest imposed by this article.
S32-203. Same--Prohibited acts enumerated:
It shall be unlawful and a violation ofthis article:
***
(5) For any person to alter the package of any cigarettes or tobacco products prior to
\
sale or distribution to the ultimate consumer, so as to remove, conceal or obscure (i) any
notice, statement, label, stamp, sticker on any pack of cigarettes indicating that the
manufacturer did not intend the cigarettes to be sold, distributed, or used in the United
States, including but not limited to labels stating "For Export Only," "Us. Tax-Exempt,"
"For Use Outside us., " or similar wording; or (ii) any health, warning that is not
specified in, or does not conform with the requirements of, the Federal Cigarette
Labeling and Advertising Act, 15 US. C. 91333.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
/ . , 1 \ (~~ If/? f\ / .
/ " V"J"~
~\\,,- . I L' \ '\. \l!
, '\' \ '
'7lty Clerk. "
I I .'
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C:\DOCUME-l \cleml \LOCALS-l \Temp\notesEl EF34\-8540561.doc
3
ClTY 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
May 19, 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: Cigarette Tax Ordinance
Background:
The Cigarette Tax Ordinance was established to provide procedures for the issuance of
cigarette tax stamps along with the regulation, monitoring and enforcement to ensure
that all cigarettes sold in the City of Roanoke have the proper tax stamp affixed.
Revenue from the cigarette tax supports the General Fund. Three offices work closely
with administration of the ordinance: Billings & Collections, City Treasurer, and the
Commissioner of the Revenue's Office. As the volume of untaxed cigarettes seized as
contraband has increased over the past year, a committee comprised of
representatives from these three offices convened to discuss changes to strengthen
the City's compliance efforts.
As a result of the work of the committee and input from the City Attorney's Office, the
committee has recommended amendments to the Cigarette Tax Ordinance. These
amendments are intended to bring the Code of the City of Roanoke ("City Code") in line
with the Code of Virginia (1950), as amended, and to enhance efforts to ensure
compliance with taxation. The committee recommends that the penalty for selling
untaxed cigarettes be changed from a Class III misdemeanor to a Class I misdemeanor
as authorized by the Code of Virginia. The committee also recommended to the
budget committee that the City Code be amended to impose a penalty of one half of
the amount of the tax on seized cigarettes as a monetary fine in addition to the seizure
of untaxed cigarettes. An ordinance change for this item was adopted on May 12,
2008. Further, the committee recommends the City Code be amended with additional
definitions to better define cigarettes, cigars, and cartons to address various products
being sold today. The committee recommends that the City Code be amended to more
clearly define that cigarettes are to be sold to the ultimate consumer in un-opened
Honorable Mayor and Members of Council
May 19, 2008
Page 2
packages so that the label, stamps, stickers or health warning labels are not altered,
removed, concealed or obscured. Additionally, sellers will be required to maintain
records for audit for three years as set forth in the Code of Virginia, instead of two
years as provided in the current ordinance.
The goal of the changes to the City Code is not only to incorporate needed updates but
also to bring it closer in line with the Code of Virginia (1950), as amended, while
imposing a penalty structure that will serve as a better deterrent against the sale of
untaxed cigarettes. When there is a greater incentive for compliance, instances of
non-compliance and seizure of contraband should decrease. These changes will be
communicated via a direct mailing to affected businesses, brochures, and with
information posted on the City's website.
Recommendation:
Adopt the accompanying ordinance to implement changes to Article VIII, Cigarette Tax,
of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, to
provide for amendments to that article to include the addition of new definitions,
requiring the retention of certain records, and providing for any violations of the
ordinance to constitute Class I or Class 2 misdemeanors.
Sincerely,
4~ A. tW
Jesse A. Hall
Director of Finance
JH/dl
c: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Darlene L. Burcham, City Manager
Sherman M. Stovall, Director of Management and Budget
Dana D. Long, Manager, Billings & Collections
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 20, 2008
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 38095-051908 appropriating
funds from donations and the Federal government as well as transferring funds
from the School Fund to the School Capital Projects Fund for the Title I School
Improvement. Program and the Madison Middle School roof project, and
amending and reordaining certain sections of the 2007-2008 School and School
Capital Projects' Funds Appropriations, and dispensing with the second reading
by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19,2008, and is in full
force and effect upon its passage.
Sincerely,
~d).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
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
\LK
.IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38095-051908.
AN ORDINANCE to appropriate funding from donations and the Federal
government as well as to transfer funding from the School Fund to the School Capital
Projects Fund for the Title I School Improvement Program and the Madison Middle
School roof project, amending and reordaining certain sections of the 2007-2008 School
and School Capital Projects Funds Appropriations, and dispensing with the second
reading by title of this ord,inance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 School and School Capital Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read and provide as follows:
School Fund
Appropriations
Textbooks
Teacher Stipends
Social Security
Contracted Professional
Development
Purchased Services
Instructional Materials
Equipment
Machinery and Equipment
Transfer to School Capital
Projects Fund
Revenues
Donation
Federal Grant Receipts
School Capital Proiects Fund
Appropriations
Madison Roof CMERP
Equipment Purchases
30-062 -6621-0613-6000
30-061-6146-0129-6000
30-061-6146-0201-6000
$ 930
60,555
4,633
71,450
3,000
71,990
52,222
(525,781)
525,781
30-061-6146-0313-6000
30-061-6146-0381-6000
30-061-6146-0614-6000
30-061-6146-0821-6000
30-065-7600,-0821-6681
30-066-7700-9531-6999
30-062-6621-1103
30-061-6146-1102
930
263,850
31-065-6090-9132
525,781
Revenues
Transfer from School Fund .
31-110-1234-1127
525,781
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~'L '>.t. .....
'~r. I I,
-1J'lri~ Ql~~;
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
May 19, 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 May 13, the
Board respectfully requests City Council to appropriate the following funds:
· $930.00 for the Foundation for Roanoke Valley. The monies were
donated to support the educational needs of the School Board. This is a
continuing program.
· $263,850.00 for the Title I School Improvement Program to aid the
division in its effort to provide strategies to increase student learning at
Addison Middle School, Garden City Elementary School, and Hurt Park
Elementary School. This continuing program is one hundred percent
reimbursed by federal funds.
The Board further requests the transfer of $525,781.00 from the School
Account to the School Capital Account to capitalize the Madison roof project.
The School Board thanks you for your approval of the appropriation and
transfer requests.
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: jesseJlall@ci.roanoke.va.us
May 19, 2008
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly'T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: School Board Appropriation Request
As a result of official School Board action at its meeting on May 13, 2008, the Board
respectfully requests that City Council appropriate the following funds:
· $930 for the Foundation for Roanoke Valley. The monies were donated to
support the educational needs of the School Board. This is a continuing
program.
· $263,850 for the Title I School Improvement Program to aid the division in its
effort to provide strategies to increase student learning at Addison Middle
School, Garden City Elementary School, and Hurt Park Elementary School. This
continuing program is one hundred percent reimbursed by federal funds.
The Board further requests the transfer of $525,781 from the School Fund to the School
Capital Projects Fund related to the Madison Middle School roof project. A previous
appropriation of undesignated fund balance was made for the project in the School Fund;
however, School roof projects should be accounted for in the School Capital Projects Fund
where all school buildings are located. This transfer will allow proper capitalization of the
project.
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,
4~ A. tW
Jesse A. Hall
Director of Finance
Honorable Mayor and Members of Council
May 19, 2008
Page 2
JAH: ca
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
JAMLA W : Areas of Practice
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/.. Student Assignment in Elementary and Secondary Schools & Title VI -- Printable
Page 1 of3
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Student Assignment in Elementary and Secondary Schools & Title VI
U.S. Department of Education
Office for Civil Rights
Washington, D.C.20202-1328
Title VI of the Civil Rights Act of 1964 Prohibits Discrimination in Assigning Students to
Schools, Classes or Courses of Study in Programs or Activities That Receive Federal
financial Assistance
***Revised September 1998***
The United States Congress has enacted civil rights laws that protect individuals from
discrimination. An important civil rights law is Title VI of the Civil Rights Act of 1964. Title VI
provides:
No person in the United States shall[ on the ground of race[ color[ or national origin[ be
excluded from participation in[ be denied the benefits off or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
The requirements of Title VI apply to all school districts in the United States that receive funding
from Federal programs. Title VI prohibits discrimination on the basis of race[ color[ or national
origin in the assignment of students to schools or classes. It also prohibits discrimination in ability
grouping or tracking students.
Assignment to School
School districts may not segregate students on the basis of race[ color[ or national origin in
assigning students to schools. In some areas[ the population distribution of a school district
enrolling large numbers of minority and nonminority students may result in schools with
substantially disproportionate enrollments of students of one race. Although school districts must
ensure that students are not assigned on the basis of race[ color[ or national origin[ the law does
not require that each school within a district have a racially balanced student population.
Assignment to Classes
Schools may not segregate students on the basis of race[ color[ or national origin in making
classroom assignments. Some schools offer courses of study that result in the assignment of
students to classes with a substantially disproportionate number of minority or nonminority
students. Schools must be able to demonstrate valid and nondiscriminatory reasons for such
assignments. For example[ valid educational reasons may exist when a class provides specially
designed instruction to enable limited-English proficient students to acquire English language skills.
Students may be assigned to such courses only when appropriate and nondiscriminatory
evaluation[ placement[ and exiting criteria and procedures are followed.
~
http://www . ed. gov /print/ about! offices/list! ocr/ docs/tviassgn. html
5/1/2008
.Student Assignment in Elementary and Secondary Schools & Title VI -- Printable
page L 01 j
Special Education Classes for Students with Disabilities
School districts are responsible for ensuring that students are not misclassified as being disabled
and that misclassification does not result in students being inappropriately placed in special
education programs. School districts are required to educate students with disabilities with
nondisabled students to the maximum extent appropriate. This is an important part of making sure
that special education placements are not used to segregate minority students in separate classes.
Classes Designed for National Origin Minority Students with limited-English Proficiency
School districts are responsible for providing equal educational opportunity to national origin
minority students with limited English proficiency (LEP). School districts have failed to comply with
the requirements of Title VI if:
. students are excluded from effective participation in school because of the inability to speak
and understand English;
. national origin minority students are misassigned to special education classes because of
their lack of English language skills; and
. programs for limited-English proficient students are not designed to teach them English in a
timely manner, or operate as a dead-end track.
Many schools have developed courses of instruction that are especially designed for the needs of
LEP students. No particular program of instruction is required, as long as the students' needs are
effectively met. Courses for LEP students may include disproportionate enrollments of national
origin minority students, but they must be designed to allow students to move into regular classes
within a reasonable period of time.
Assignment of Students to Elective Courses
School systems often allow voluntary course selection by students. Assignment of students to
elective courses sometimes results in disproportionate enrollments of minority or nonminority
students in certain classes. These disproportionate enrollments may be caused by school policies or
practices that limit choices of minority students to certain classes. School officials must ensure that
all students are provided nondiscriminatory counseling information and have equal access to
elective courses.
Assignment to Ability Grouping and Tracking
School districts have a responsibility to ensure that they do not use ability grouping or tracking
practices that result in discrimination on the basis of race, color, or national origin. Ability grouping
is the assignment of students to classes or instructional groups based upon the students' level of
ability or achievement. Tracking is the assignment to different courses of instruction. Ability
grouping and tracking sometimes result in courses with substantially disproportionate enrollments
of minority or nonminority students. When that happens, the ability grouping or tracking may
violate Title VI.
To ensure that the ability grouping or tracking practices comply with Title VI, the criteria used by
schools to assign students to ability groups or tracks must be nondiscriminatory. Students must be
given the opportunity to move from one ability group to another, or in and out of assigned tracks
according to their progress.
If ability grouping or tracking results in classes with substantially disproportionate enrollments of
students of one race or minority group, school districts must be able to demonstrate that there is a
f;c
5/1/2008
http://www . ed. gov /print! about! offi ces/li st! ocr/ docs/tviassgn.html
.Student Assignment in Elementary and Secondary Schools & Title VI -- Printable
Page 3 of 3
valid educational justification for their ability grouping or tracking practices.
Testing, Evaluations, and Criteria for Student Assignment
At all times, school districts should be careful to use appropriate criteria and evaluation and testing
methods before assigning students to specialized classes or courses of study. Tests must be
educationally sound indicators of a student's particular needs and achievement, in order to avoid
student assignment to inappropriate courses.
For example, a minority student who has not been properly tested for possible learning disabilities
may be assigned to remedial courses that do not provide the type of instruction needed. As
another example, national origin minority students with limited-English proficiency may be tested
in English, receive scores that are not valid indicators of their proficiency in the tested areas, and
be assigned to a class that does not meet their needs. Such student assignments would be
discriminatory .
School districts must ensure that all screening procedures are nondiscriminatory. Periodic testing
and reevaluation of students in specialized courses of study may be required.
For more information about avoiding discrimination in student assignment, contact the Office for
Civil Riqhts, or call 1-800-421-3481.
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5/1/2008
~
MONDAY MAY 19, 2008
The PT A Executive Committee of the Forest Park Elementary School has authorized significant actions in
the wake of the decision by the Roanoke School Board to close Forest Park.
Parents, Citizens and key community organizations along with other community leaders are outraged at the
board's decision and even more that that decision was clearly based on deliberate mis-information and poor
planning and speculation. This shows very poor leadership on the part of the school administration and the
school board chair.
The PTA will be making a major announcement regarding the decision to close Forest Park before
attending Roanoke City Council meeting to make specific and related recommendations to Council.
CONFERENCE LOCATION:
DATE:
TIME:
CONTACT NUMBER:
CITY HALL STEPS
MONDAY, MAY 19, 2008
1:30 P.M.
540.793.5940
1. WE BELIEVE THAT CLOSING FOREST PARK ELEMENTARY SCHOOL IS A VIOLATION
OF TITLE VI OF THE 1964 CIVIL RIGHTS ACT
WE HAVE FILED A CLASS ACTION COMPLAINT WITH THE U.S. DEPARTMENT OF
EDUCATION-OFFICE OF CIVIL RIGHTS ASKING THAT THEY INVESTIGATE TITLE VI
VIOLATIONS REGARDING THE DECISION TO CLOSE FOREST PARK
THIS WOULD BE THE SIXTH ELEMENTARY SCHOOL THE SCHOOL SYSTEM WILL
HAVE CLOSED IN NW IN THE PAST 40 YEARS.
THIS DECISION WAS CLEARLY BASED ON THE SYSTEM'S GROSS NEGLECT OF
FOREST PARK AND SIGNIFICANT MISLEADING FACTS USED TO JUSTIFY THE
CLOSING.
2. WE ARE PREPARED TO DO AS A COMMUNITY WHATEVER IT TAKES AND IS
NECESSARY TO KEEP FOREST PARK OPENED.
WE ARE MOBILIZING EVERY SECTOR OF THE NW COMMUNITY INCLUDING
PARENTS, HOMEOWNERS, BUSINESS OWNERS, CIVIC ORGANIZATIONS, AND
OTHERS TO BRING TO BEAR THE NECESSARY PRESSURE TO REVERSE THE SCHOOL
BOARD'S DECISION
"
3. CLOSING THIS VITAL COMMUNITY RESOURCE THREATENS THE STABILITY,
SAFETY AND FUTURE WEALTH OF THE NW COMMUNITY AND ESPECIALLY OUR
CHILDREN. IT WILL DO SO IN THE FOLLOWING WAYS:
HOME/PROPERTY VALUES WILL GO DOWN
(when Forest Park School is closed and again when the Over aged academy opens)
THE OVER ALL SAFETY OF THE COMMUNITY WILL BE AFFECTED .
(This as the school system consolidates middle and high school students with a
variety of academic and behavioral challenges)
PARENTS' ABILITY TO PARTICIPATE IN THEIR CHILD'S EDUCATION
WILL BE COMPROMISED GREATLY FOR MOST OF THESE PARENTS
THE OVERALL QUALITY OF EDUCATION FOR THE STUDENTS
ATTENDING THE RECEIVING SCHOOLS (RAMS, HURT PRK, AND
HIGHLAND) WILL BE SIGNIFICANTLY AFFECTED
AND THE LONG TERM QUALITY OF THE EDUCATION OF THE FOREST
PARK STUDENTS WILL BE THREATENED NOT IMPROVED
We are also initiating a number of other actions that we will announce over the
next couple of weeks.
ADDITIONAL COMMENTS:
. THIS WEEK'S SOL TESTING AND INTENDED SUPPORT
-READING WAS THE ONLY SUBJECT THEY HADN'T PASSED
. SCHOOL BOARD APPOINTMENTS
-CARSON'S POOR LEADERSHIP AND QUESTIONABLE INTENTIONS
-EFFORTS TO RE-SEGREGATE ROANOKE SCHOOLS
. DR. BISHOP
-WAS PART OF THE ACADEMIC STRATEGIST WHO DESIGNED AND IMPLEMENTED
THE PAST TITLE VI VIOLATIONS (1999)
-REFUSED TO PROVIDE NECESSARY AND REQUESTED RESOURCES CRITICAL TO
FOREST PARK'S SOL READING CHALLENGES
-DELmERATELY MIS-LED THE SCHOOL BOARD AND COUNCIL ON THE
FOLLOWING:
1. NC TAYLOR LEASE AND THE SYSTEM'S INABILITY TO END IT.
2. FOREST PARK SOL PROGRESS/F AlLURE ONLY READING
3. FROM OVERAGE ACADEMY PILOT PROJECT '06-'07 LESSONS
4. "TAKING CARE OF FP TEACHERS" (OPPORTUNITIES FOR GOOD
PLACEMENTS BEING COMPROMISED)
5. "RE-ASSIGNMENT IS IN THE BEST INTEREST OF THE STUDENTS"
{FROM A NON ACCREDITED SCHOOL TO A NON-ACCREDITED AND
BARELY ACCREDITED SCHOOL}
6. NO MENTION ABOUT THE $219,000 SAFE ROUTES TO SCHOOLS
GRANT-RECENT AND FUTURE EXPENDITURES? (HOW MANY BIKES
BROUGHT, HOW MANY TRNG. CLASSES GIVEN, AND WHAT HAPPENS
TO THE MONEY IF SCHOOL IS CLOSED)
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
Acting City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 23, 2008
Mr. David J. Brown
8 Jefferson Place, Unit #51 2
Roanoke, Virginia 24011
Dear Mr. Brown:
At a regular meeting of the Council of the City of Roanoke held on Monday,
May 19, 2008, you were appointed as a member of the Roanoke Arts
Commission for a term ending June 30, 2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
L:\CLERK\DATA\CKEWI\oath and leaving service\Arts Commission\David J Brown 2012 oath.doc
Mr. David J. Brown
May 23, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Roanoke Arts
Commission.
Sincerely,
.~?7.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Enclosures
pc: Kathleen W. Lunsford, Vice-Chair, Roanoke Arts Commission, 2305 Carter
Road, S. W., Roanoke, Virginia 24015
Susan Jennings, Public Arts Coordinator, Economic Development
Melissa Murray, Secretary, Roanoke Arts Commission
Adalina Allicott, Administrative Secretary
K:\oath and leaving service\Arts Commission\David J Brown 2012 oath.doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Sheila N. Hartman, Deputy City Clerk, and as such Deputy City Clerk of
the City of Roanoke and keeper of the records thereof, do hereby certify that at
a regular meeting of Council which was held on the nineteenth day of May
2008, DAVID J. BROWN was appointed as a member of the Roanoke Arts
Commission for a term ending June 30, 2011.
Given under my hand and the Seal of the City of Roanoke this twenty-
third day of May 2008.
..~~.
\
Deputy City Clerk
L:\CLERK\DATA\CKEWI\oath and leaving service\Arts Commission\David J Brown 2012 oath.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 23, 2008
Mr. Gordie L. Zeigler
3420 Canter Circle
Roanoke, Virginia 24018
Dear Mr. Zeigler:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, you were appointed as a member of the Parks and
Recreation Advisory Board, to fill the unexpired term. of Sherley E. Stuart,
ending March 31, 2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the
Circuit Court of the City of Roanoke, located on the third floor of the
Roanoke City Courts Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Gordie L. Zeigler
May 23, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Parks and Recreation Advisory Board.
Sincerely,
~I~
eila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Enclosures
pc: Linda Bedasaul, Secretary,. Parks and Recreation Advisory Board
Carl H. Kopitzke, Chair, Parks and. Recreation Advisory Board,
2314 Martin Lane, S. W., Roanoke, Virginia 24015
Adalina Allicott, Administrative Secretary, City Clerk's Office
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Sheila N. Hartman, Deputy City Clerk, and as such Deputy City Clerk of
the City of Roanoke and keeper of the records thereof, do hereby certify that at
a regular meeting of Council which was held on the nineteenth day of May
2008, GORDIE l. ZEIGLER was appointed as a member of the Parks and
Recreation Advisory Board to fill the unexpired term of Sherley E. Stuart, ending
March 31,2011.
Given under my hand and the Seal of the City of Roanoke this twenty-
third day of May 2008.
~.
Deputy 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
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
August 6, 2008
Ms. Abbi Fitzpatrick Church
2330 Rosalind Avenue, S. W..
Roanoke, Virginia 24014
Dear Ms. Church:
Your term of office as a member of the Youth Services Citizen Board expired on
May 31, 2008.
The Members of City Council requested th-at I express sincere appreciation for
your service to the City of Roanoke as a member of the Youth Services Citizen
Board from August 5, 2002 until May 31, 2008. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley
in recognition of your years of service.
Sincerely,
. ~.~
Stephanie M. Moon, CMC .
City Clerk
SMM:ew
Enclosure
pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks
and Recreation Department
Joyce S. Johnson, Assistant to the Mayor
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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
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
August 6, 2008
M r. Antwan Lawton
948 Kellog Avenue, N. W.
Roanoke, Virginia 24012
Dear Mr. Lawton:
Your term of office as a member of the Youth Services Citizen Board expired on'
. May 31, 2008.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a member of the Youth Services Citizen
Board from May 2, 2005 until May 31, 2008. Please find enclosed a Certificate
of Appreciatio_n and an aerial view photograph of the Roanoke Valley in
recognition of your years of service. ,.
Sincerely,
~~J0.~
Stephanie M. Moon, CMC .. .
City Clerk
SMM:ew
Enclosure
pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks
and Recreation Department
Joyce S. Johnson, Assistant to the Mayor
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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
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
August 6, 2008
Mr. James H. Smith
1818 Orange Avenue, N. W.
Roanoke, Virginia 24017
Dear Mr. Smith:
On December 27, 1982, the Roanoke City Code was amended to provide that
after completion of three consecutive complete terms of office, no member of a
permanent board, authority, commission or committee shall be eligible for
reappointment to the same office for the next succeeding term.
On May 31, 2008 you completed your third consecutive term of office as a
member of the Youth Services Citizen Board.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a member of the Youth Services Citizen
Board from July 15, 1996 until May 31, 2008. Please find enclosed a Certificate
of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your years of service.
Sincerely,
A tn. YhobY0
Stephanie M. Moon, CMC L '
City Clerk
SMM:ew
Enclosure
pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks
and Recreation Depa'rtment
Joyce S. Johnson, Assistant to the Mayor
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hloel C. Taylor Municipal Building
215 Church Avenue, SW, Rool11 36Lf
Roanoke, Virginia 24011
540.853.2333
www.roanokegov.col11
May 20, 2008
Phil Francis
Superintendent
Blue Ridge Parkway
199 Hemphill Knob Road
Asheville, NC 28803
Dear Mr. Francis:
The City of Roanoke is eager to participate in the 75th anniversary
celebration of the Blue Ridge Parkway in 2010 and would like you to
consider appointing C. Nelson Harris, our current Mayor, to the Blue
Ridge Parkway 75, Inc. Board.
Mayor Harris is a Roanoke native who is an avid history buff and has
written several books on various aspects of the history of the Roanoke
Valley.
Sincerely,
Darlene L. Bur ham
City Manager
c: Daniel W. Brown, President, Blue Ridge Parkway 75, Inc.
([ounft! of ~nanok~
iEeEIVEL
MAY 0 "? 2008
-'TV MANAGERIS OFI=Ir'
OFFICE OF THE COUNTY ADMINISTRATOR
5204 BERNARD DRIVE, P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
ELMER C. HODGE
COUNTY ADMINISTRATOR
TEL: (540) 772-2004
FAX: (540) 772-2193
ehodge@roanokecountyva.gov
May 7, 2008
Ms. Darlene L. Burcham
City Manager
City of Roanoke
215 Church Avenue, Room 364
Roanoke, VA 24011
~
Dear Ms:-B1:rrcnam,
The Blue Ridge Parkway region is invaluable, not only because of its significance to southwest
Virginia's economy but also because of its enduring story about our unique natural and cultural heritage.
When the first Parkway landscape architect, Stanley Abbott:, designed the Blue Ridge Parkway, he
incorporated all types of scenic views - from the grand vistas to the enveloping forest floors - and saved
many of the region's cultural resources and the tales behind them. These resources define who we are.
Planning for the Blue Ridge Parkway began in earnest in 1933 with one goal being, in the words
of Senator Harry Byrd, to build the "greatest scenic road in the world." In 1935, when the first shovel of
dirt was turned at Cumberland Knob, Senator Byrd got his wish and America gained a national treasure.
The Parkway will celebrate its 75th anniversary in 2010. The Blue Ridge Parkway 75, mc. Board
of Directors, a not-for-profit corporation formed specifically to plan and implement the anniversary's
celebratory events, are making plans now and welcome your thoughts. Roanoke will host a kick-off event
in the fall of2008 with Asheville hosting a similar event in 2009. A formal 75th anniversary celebration
will be held in 2010.
The involvementof communities along and aroundthe Blue Ridge Parkway corridor will ensure
a memorable celebration. I will keep you informed as plans unfold. Until that time, please think about
what role you can play in this important milestone and feel free to share your ideas with me. I can be
reached at (540) 772-2004. If I am not available, you may wish to speak with Penny Lloyd, the Virginia
coordinator for the 75th anniversary. Her number is (540) 772-2104. Your participation will make this a
memorable journey for everyone. Best regards. I hope to hear from you soon.
Sincerely,
cL
Elmer C. Hodge
County Administrator
Virginia Vice President, Blue Ridge Parkway 75, mc.
c: The Honorable C. Nelson Harris, Mayor, City of Roanoke
"
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February 26, 2008
n.l /J ~ ~'rnf,~.'~C;" /'" V"",.' "", r--,
tt~:lik~~ t ~).jh~; ;:{~ \ULr';'~~.[~~d~i2
TIle Honorable C Nelson Harris
Mayor, Gty of Roanoke
215 Church Avenue, Room 452
Roanoke, VA 24011
Dear Mayor Hanis,
Blue Ridge Parkway 75, Inc. respectfully requests a pledge of $25,000 from the Gty of Roanoke to suppon the
initiatives of the 75th. anniversary-of the Blue Ridge Parkway in 2010. As you may be aware, a new organization,
Blue Ridge Parkway 75, Inc., has been formed and charged with commemorating the 75th anniversary of this
national treasure in ways 'that engage local communities and the nation in effons to sustain a healthy Parkway for
generations to come. In the coming weeks, we would like to present you with an update on initiatives currently in
development related to the anniversary. .
As recently retired Blue Ridge Parkway superintendent, I am honored and excited to serve as president of Blue
Ridge Parkway 75, Inc. The 75th Anniversary of the Parkway provides the ideal opportunity to address some .
serious needs of the Parkway; raise awareness of the benefits of the Parkway to adjacent communities, and
cultivate a new generation of stewards committed to ensuring a strong future for this resource. There is much
. work to be done, work that requires suppon of community partners.
We are especially eager to enlist the leadership, financial support, and partnership of the anchor communities
along the Parkway - Gty of Roanoke/County of Roanoke in Virginia and Gty of Asheville/Buncombe County
in North Carolina. I am asking that the Gtyof Roanoke appropriate $12,500 in its current budget process and
plan for another $12,500 appropriation. in FY2010. We are making the same request of the County of Roanoke,
Buncombe County, and the Gtyof Asheville. In addition, we intend to utilize your leadership and commitment
to this project as a challenge Jor other municipalities along the length of the entire park to get involved.
On a personal note, my family and I had the good fonune to work on the Parkway in Virginia and live in the
Roanoke Valley in the late 1970s and early 1980s. During that time we made many good friends. I was honored
to accompany the 300 millionth visitors to the Parkway when they were hosted by Peter Kipp at the Hotel
Roanoke and presented the key to the city by the late mayor Noel Taylor. In addition I was asked to give the
commencement speech to the graduating class of new Roanoke police officers. I am keenly aware of the
Parkways role in your community and feel confident you desire a strong future for this resource as we all do.
Your consideration of this request is greatly appreciated. I will be happy to answer any questions.
Enclosures
cc: Phil Francis, Superintendent - Blue Ridge Parkway
Blue Ridge Palrkvvay 75, Inc~
ORGANIZATIONAL OVERVIEW
Mission:
Plan, fund, and organize the events and activities of the Blue Ridge
Parkway's 75th Anniversary; educate the general public about the Parkway's
value and assets; and, through collaborative partnerships, realize the vision of
the Anniversary.
Vision:
Engage local communities and the nation in efforts to sustain a healthy Blue Ridge Parkway for future
generations by celebrating 75 years of Parkway history, Appalachian culture, ahd spectacular scenic views.
Background:
A new non-profit organization, Blue Ridge Parkway 75, Inc., has been established and tasked with the
responsibility of planning and implementing the Parkway's 75th Anniversary celebration. The organization's
Board of Directors is made up of community leaders who have exhibited their commitment to the Parkway
through their leadership service, and who are steadfast in their desire to preserve the Parkway experience for_
generations to come. The Board includes representatives from all of the Parkway's partner groups and from
the states of North Carolina and Virginia. Retired Parkway Superintendent Dan Brown is serving as president
of the Board.
As the 75th Anniversary of the Blue Ridge Parkway is commemorated in 2010, Blue Ridge Parkway 75, Inc.
will oversee efforts to promote the Parkway experience through special events, a national public relations
campaign, a marketing and merchandising program, and strategic partnerships with communities in the Blue
Ridge Parkway region. Planned activities ,will highlight the unique natural and cultural history of the Blue
Ridge Parkway region. .
Staff for the 75th Anniversary is available through the generous support of the County of Roanoke, Virginia,
and the North Carolina Department of Commerce.
Organizational Goals: .
1. Raise awareness of the Blue Ridge Parkway's 75th Anniversary and, in doing so, raise awareness of
the importance of this unique natural and cultural resource.
2. Involve local communities in the 75th Anniversary of the Blue Ridge Parkway through a series of
events that focus regional and national attention on the history and stewardship of this treasure.
3. Cultivate a new generation of stewards and advocates for the Parkway who embrace its values, speak
out regarding future challenges, and actively work for a sustainable and healthy Blue Ridge Parkway.
For More Information, Contact:
Leesa Brandon, NC Coordinator for BRP 75, Inc. · 828.271.4779 x 224 or Ibrandon@nccommerce.com
Penny Lloyd, V A Coordinator for BRP 75, Inc. · 540.772.2104 or plloyd@roanokecountyva.gov
All images courtesy Blue Ridge Parkway, NPS
..
BLUE RIDGE PARKWAY 755 INC,
BOARD IY.I[EMBERS
~ '--,
Becky Anderson
BRP 75, Inc. Vice President - North Carolina
Handmade in America
621 Altamont View
Asheville, NC 28804
828.252.0121 office
828.252.0388 fax
beckyanderson@handmadeinamerica.org
Penn Dameron _
Blue Ridge National Heritage Area
195 Hemphill Knob Road
Asheville, NC 28803
828.298.5330 office
penn@blueridgeheritage.com
Kitty :Barker
Tourism Development Specialist
Virginia Tourism Corporation
14421 Heather Drive
Bristol, VA 24202
276.466.8772 office
276.730.4652 cell
kbarker@virginia.org
Brad Daniel
Nouvista Health Strategy
340 Fox Ridge Circle
Lewisville, NC 27023
336.945.6956 office
336.408.7705 cell
brad.daniel@nouvista.com
Dan Brown
BRP 75, Inc. President
205 Forest Knoll Court
Weaverville, NC 28787
828.658.9398 home
danlin49@charter.net
Lynn Davis
Public Affairs Director
College of Natural Resources
Virginia Tech
324 Cheatham Hall
Blacksburg, VA 24061
540.231.6157 office
540~562.2692 home
davisl@vt.edu
Greg Brown
BRP 75, Inc. Secretary
1227 Old Fort Road
Fairview, NC 28730
540.998.4398 cell
828.628.4971 home
browngn@charter.net
Mary Jane Ferguson
Director Marketing & Promotion
Eastern Band of Cherokee Indians
Post Office Box 460
Cherokee, NC 28719
828.497.8129 office
828.497.8196 fax
maryferg@nc-cherokee.com
Angie Chandler
Director of External Affairs
The North Carolina Arboretum
100 Frederick Law Olmsted Way
Asheville, NC 28806
828.665.2492, ext 217 office
828.665.2371 fax
achandler@ncarboretum.org
Catherine Fox
Tourism Director
Roanoke Valley Convention & Visitors Bureau
101 Shenandoah Avenue, NE
Roanoke, VA 24016
540.342.6025 office
540.342.7119 fax
rkecvbfox@ao1.com
Pat Shore Clark
301 Settlers Run Drive
Winston-Salem, NC 27101
336.748.0731 home
pscjlc@aol.com
Elm.er Hodge
BPif' 75, Inc. Vice President - Virginia
Administrator
County of Roanoke
Post Office Box 29800
Roanoke, VA 24018
540.772.2004 office
540.353.7723 cell
ehodge@roanokecountyva.gov
Karen Searle
Regional Manager
Eastern National
Blue Ridge Regional Office
210 Riceville Road
Asheville, NC 28805
828.298.2774 office
828.298.5645 fax
karens@easternnational.org
Roger B. Holnback
Western Virginia Land Trust
722 First Street, SW, Suite L
Roanoke, VA 24016
540.985.0000 office
rho1nback@westernvirginialandtrust.org
Neva Specht
Associate Professor of History
Appalachian State University
Old Library Classroom Building
Boone, NC 28608
828.262.6879 office
spechtnj@appstate.edu
Ben Geer Keys
12 Victory Avenue
Greeriville, SC 29601
864.232.1920 office
864.235.4850 home
keysni@bellsouth.net
Marla Tambellini
Marketing Committee Chair
Asheville Area Chamber of Commerce
Asheville Convention and Visitors Bureau
Post Office Box 1010
Asheville, NC 28802
828.258.6138 office
828.254.6054 fax
mtambeI1ini@ashevillechamber.org
Greg Kidd
Senior Program Manager
National Parks Conservation Association
Blue Ridge Field Office
One Page Avenue, Suite 109
Asheville, NC 28801
828.254.5161 office
828.254.5162 fax
gkidd@npca.org
Tom Vick
Luray Caverns
Post Office Box 748
Luray, VA 22835
540.743.6551, ext 248 office
804.338.0832 cell
thomas.vick@luraycavems.com
Harris Prevost
BRP 75, Inc. Treasurer
Grandfather Mountain
Post Office Box 129
2050 Blowing Rock Highway
Linville, NC 28646
800.468.7325 office
828.733.2608 fax
harris@grandfather.com
Teresa Watts
Director
Heritage Tourism & Community Development
North Carolina Division of Tourism
4324 Mail Service Center
Raleigh, NC 27699
919.733.7502 office
919.733.8582 fax
twatts@nccommerce.com
Jim Priesmeyer
Post Office Box 1708
Bumsville, NC 28714
352.422.3089 home
jimpriesmeyer@yahoo.com
."
fume rv.ntcheH 'IVlilism.anrt
University of North Carolina-Chapel Hill
9115 Laurel Splings Drive
Chapel Hill, NC 27516
919.962.1671 office
919.618.8026 cell
919..962.5479 fax
amwhisnant@mindspring.com
J:"allIidti~ "ffi.! offord
Public Relations Director
Grandfather Mountain
Post Office Box 129
2050 Blowing Rock Highway
Linville, NC 28646
800.468.7325 office
828.381.6741 cell
828.733.2608 fax
1andis@grandfather.com
Reid Wilson
Conservation Trust for North Carolina
1028 Washington Street
Raleigh, NC 27605
919.828.4199 office
919.696.0368 cell
919.828.4508 fax
reid@ctnc.org
~..
Leslie Anderson
Leslie Anderson Consulting, fuc.
10 Blaclevvood Road
Asheville, NC 28804
828.252.4913 office
828.232.0481 fax
lesliea@ioa.com
Martha Bogle
Deputy Superintendent
Blue Ridge Parkway
199 Hemphill Knob Road
Asheville, NC 28803
828.271.4779, ext 201 or 206 office
828.271.4117 fax
martha _ bogle@nps.gov
Leesa Brandon
Executive Director
Blue Ridge Parkway 75, Inc.
199 Hemphill Knob Road
Asheville, NC 28803
828.271.4779, ext224 office
828.337.8901 cell
1brandon@nccomerce.com
Ann Childress
Chief of Interpretation and Education
Blue Ridge Parkway
199 Hemphill Knob Road
Asheville, NC 28803
828.271.4779, ext 241 office
828.271.4117 fax
ann _ childress@nps.gov
Phil Francis
Superintendent
Blue Ridge Parkway
199 Hemphill Knob Road
Asheville, NC 28803
828.271.4779, ext 206 office
828.271.4117 fax
philjrancis@nps.gov
RESOUIlCE LIST
~ -.-., _. ."=::.::.=-=-..,,.==.~=,.== "'-.=.=n:..==
'\Villiam M. HackwOlrtb.
2202 Calier Road
Roanoke, VA 24015
540.853.2431 office
540.857.8998 home
540.853.1221 fax
william.hackworth@roanokeva.gov
Gary W. Johnson
Chief Resource Planning & Professional
Services Division
Blue Ridge Parkway
199 Hemphill Knob Road
Asheville, NC 28803
828.271.4779, ext 210 office
828.271.4117 fax
gary _ w -.J ohnson@nps.gov
Penny K. Lloyd
Administrative & Marketing Manager
County of Roanoke
Post Office Box 29800
Roanoke, VA 24018
540.772.2104 office
540.561.2854 fax
plloyd@roanokecountyva.gov
George Thomas
Senior International Trade Specialist
U.S. Export Assistance Center
521 East Morehead Street, Suite 435
Charlotte, NC 28202
704.333.4886, ext 223 office
704.332.2682 fax
george. thornas@mail.doc.gov
Rev. 080219
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
May 20, 2008
Douglas Catron, General Partner
Glade Creek Station, LP
P. O. Box 5306
Charlottesville, Virginia 22905
Dear M r. Catron:
I am enclosing copy of Ordinance No. 38096-051908 rezoning Official Tax No.
7090523 located at 3250 Orange Avenue, N. E., from RMF, Residential
Multifamily District, to CG, Commercial-General District, subject to certain
conditions proffered by the petitioner, as set forth in the Zoning Amended
Application No.1, dated March 14, 2008, and dispensing with the second
reading of this ordinance by title.
The. abovereferenced measure was adopted by the Council of the City 'of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~O).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Enclosure
Douglas Catron, General Partner
May 20, 2008
Page 2
pc: D. White Properties, LLC, 2367 Alexander Palm Drive, Naples, Florida
34105
Mr. and Mrs. Jerry Shaver, 74 Quail Lane, Troutville, Virginia 24175
F & D Company, P. O. Box 8636, Roanoke, Virginia 24014
Joe C. Thomas, Accent Construction Co., Inc., 494 Glenmore Drive, Salem,
Virginia 24153
Adrian Lewis, President, Wildwood Civic League, 2538 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
{
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
l~he 19th day of May, 2008.
No. 38096-051908.
AN ORDINANCE to amend S 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, subject to certain conditions
proffered by the petitioner; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Glade Creek Station, L.P., has made application to the Council of
the City of Roanoke, Virginia ("City Council"), to have the hereinafter described
property rezoned from RMF, Residential Multifamily District, to CG, Commercial-
General District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by S36.2-540, Code of the City of Roanoke (1979), as amended,
. and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on May 19, 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
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
O-Glade Creek Station-rezone with proffers. doc
1
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT, ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. 7090523 located at 3250 Orange
Avenue, N.E., be, and is hereby rezoned from RMF, Residential Multifamily District, to
CG, Commercial-General District, subject to certain conditions proffered by the
petitioner, as set forth in the Zoning Amended Application No.1, dated March 14,2008.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
:i.0'~
("')ityClerk.
O-Glade Creek Station-rezone with proffers.doc
2
Architectural Review Board
Board of Zo'ning Appeals
Planning Commission
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
May 19, 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 Glade Creek Station L.P., to rezone property located at
3250 Orange Avenue, N.E., Official Tax No. 7090523, from RMF,
Residential Multifamily District, to CG, Commercial-General District,
subject to the following conditions: (1) that the property would be used
for only the following uses: financial institution; laboratory, dental,
medical optical; medical clinic; office general or professsional; caterer,
commercial; community market; drive through facility; drive through
kiosk; mixed-use building with non-residential uses limited to those listed
herein; studio/multimedia production facility; eating establishment; eating
and drinking establishment; or entertainment establishment; (2) that an
existing billboard would be removed upon development of the site for a
permitted use; (3) that the following site improvements will be installed
during the development of the site: a five foot wide sidewalk; one curb
cut along Orange Avenue; area from side lot line to side lot line between
the front lot line and the principal building along Orange Avenue shall be
landscaped. with a minimum of one large deciduous tree for every 30
feet and one evergreen shrub for every three feet of public road
frontage; installation of a full width right turn lane (200' storage, 200'
taper) for eastbound traffic entering the site; and installation of a left turn
lane (200' full width storage and 200' of taper) for westbound traffic
entering the site; and (4) that the following design practices would be
implemented during the design and construction of site improvements:
off street parking shall ,q~)Rcated beyond the front building line and in
the case of multiple princip"al buildings, the proffer shall apply to the
building line established closest to the front property line; principal
building entrance shall face Orange Avenue; light levels emanating from
the site shall not exceed 0.5 foot candles at the property line; and
exposed concrete block, concrete block and vinyl siding exterior building
treatments shall be prohibited.
Members of City Council
Page 2
May 19. 2008
Planning Commission Recommendation:
The Planning Commission held a public hearing on Thursday, April 17, 2008. Bya
vote of 5-1 (Messrs. Chrisman, Rife, Scholz, Williams and Ms. Prince voting for,
Mr. Manetta voting against, and Mrs. Penn absent), the Commission recommended
that City Council approve the application.
Respectfully submitted,
1~~
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
Steven J. Talevi, Assistant City Attorney
Applicant
Members of City Council
Page 3
May 19, 2008
Application Information
Request: Conditional Rezoning
Owner/Applicant: Glade Creek Station LP
Representative: William Earl, Management Services Corporation
City Staff Person: Maribeth B. Mills, City Planner II
Site Address/Location: 3250 OranQe Avenue
Official Tax Nos.: 7090523
Site Area: 1 .02 Acres
Existing Zoning: RMF, Residential Multifamily
Proposed Zoning: CG, Commercial-General with conditions
Existing Land Use: Vacant
Proposed Land Use: EatinQ Establishment
Neighborhood Plan: Hollins/VVildwood Area Plan
Specified Future Land Use: Multifamily Residential
Filing Date: Original Application: January 28, 2008; Amended
Application NO.1: March 14, 2008
Background
Prior to the comprehensive rezoning in December of 2005, the subject property was
zoned C-2, General Commercial District. It was rezoned to RMF, Residential
Multifamily District consistent with the policies and actions of the Hollins/Wildwood
Area Plan to implement the future land use plan. The applicant believes that a
commercial designation is more appropriate considering the property's size and
location on an arterial street. The applicant has no specific plans for the property but
has proffered certain uses and design requirements.
Conditions Proffered by the Applicant
The applicant requests that the following proffers be adopted as they relate to Official
Tax No. 7090523:
1. Only the following uses shall be allowable:
a. Financial institution;
b. Laboratory, dental, medical, optical;
c. Medical clinic;
d. Office general or professional;
e. Caterer, commercial;
f. Community Market;
g. Drive through facility;
h. Drive through kiosk;
i. Mixed-use building with nonresidential uses limited to those listed herein;
j. Studio/multimedia production facility;
k. Eating establishment;
I. . Eating and drinking establishment (requires special exception);
Members of City Council
Page 4
May 19, 2008
m. Entertainment establishment (requires special exception).
2. The existing outdoor advertising sign use on the site will be discontinued and
the sign will be removed upon the development of this site into a permitted use
as listed above.
3. The following site improvements will be installed during the development of the
this site into a permitted use:
a. Install a five (5) foot wide public sidewalk adjacent to Orange Avenue.
b. Install only one (1) curb cut along Orange Avenue.
c. The area from side lot line to side lot line between the front lot line and
principal building along Orange Avenue shall be landscaped, at a
minimum, with one (1) large deciduous tree for every 30 feet and one (1)
evergreen shrub for every three (3) feet of public road frontage.
d. Install a full-width right turn lane (200' storage, 200' taper) for eastbound
traffic entering the site.
e. Install a left turn lane (200' full width storage and 200' taper) for
westbound traffic entering the site.
4. The following design practices will be implemented during the design and
construction of the site improvements.
a. Off-street parking shall be located beyond the front building line. In the
case of multiple principal buildings, this proffered condition shall apply to
the building line established closest to the front property line.
b. The principal building entrance shall face Orange Avenue.
c. Light levels emanating from the site shall not exceed 0.5 foot-candles at
the property line.
d. The following exterior building treatments will be prohibited from use:
i. Exposed concrete block
ii. Exposed concrete
iii. Vinyl siding
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North 1-1, Light Industrial Motor vehicle repair or service
establishment (White Tire Service
Center).
Members of City Council
Page 5
May 19, 2008
South RMF, Residential Multifamily District Multifamily residential (Glade Creek).
with conditions
East CG, Commercial-General District Motor vehicle repair or service
establishment and retail sales.
West RMF, Residential Multifamily District Vacant.
Compliance with the Zoninq Ordinance:
As the concept plan is not proffered, this site could be laid out in a variety of
configurations for a variety of uses. Components that would be required for all
configurations based on the Zoning Ordinance and proffered conditions include
parking located to the side and rear of the structure, a Type C Buffer Yard, a sidewalk
connecting the front door to the public sidewalk, controlled light levels, building
orientation towards the street, and increased landscaping along the property's lot
frontage. Parking would be subject to the minimum and maximum required for each
use.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Vision 2001-2020 and the Hollins/Wildwood Area Plan encourage development of
commercial nodes surrounded by higher density residential as opposed to strip
development. The City's comprehensive rezoning in 2005 rezoned vacant parcels to
residential or mixed use districts to provide intermittent breaks in commercial zoning
along such arterial streets. Within one half mile to the east and west of the site along
Orange Avenue, approximately seven commercially zoned properties are identified as
vacant by Real Estate and many others are severely underused. Providing housing
around commercial uses also creates a customer base for businesses which helps to
maintain their long-term viability.
The following policies of Vision 2001-2020 are relevant to this application:
. NH P5. Housing choice. The City will have a balanced, sustainable range
of housing choices in all price ranges and design options that encourage
social and economic diversity throughout the City.
· ED. P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersection and centers) of
Roanoke to serve the needs of citizens and visitors. (Note ED A27: Revise
zoning and develop guidelines that encourage maximum use of commercial
and industrial sites to encourage development of commercial businesses in
centers versus strip developments).
The following policies of the Hollins/Wildwood Neighborhood Plan are relevant in the
consideration of this application:
. Priority Initiatives
a Install curb, gutter and sidewalk on arterial streets.
a Encourage new development per the Future Land Use Map.
a Consider rezoning for residential rather than commercial or industrial.
Members of City Council
Page 6
May 19, 2008
. Community Design Policies
o Higher density residential development should be concentrated on
the edges of commercial development and closer to arterial streets.
. Economic Development Policies
o Zoning: Commercial and residential zoning districts should be clearly
delineated with the intensity of uses minimized in some areas. (Note
Economic Development Action: Maximize Use of Existing
Commercial Districts: A void further expansion of commercial districts
to encourage quality development and more efficient use of land in
existing districts.)
. Infrastructure Policies
o Curb, Gutter and Sidewalk Improvements: New developments and
arterial and collector streets should have urban amenities such as
sidewalks and curb and gutter. Appropriate species of trees should
be planted as a part of such improvements.
o New Development: Infrastructure should be installed in conjunction
with new development, including street improvements to address
added traffic. Traffic studies by prospective developers may be
required.
Wherever possible, trees should be
planted so that they create a canopy
over the roadwa .
Conformit with Vision 2001-2020's Design Principles:
Design Principles: Application's Conformity:
Curb cuts should be minimized. The applicant has proffered that only
one curb cut will be created along
Oran e Avenue NE.
The applicant has proffered that light
levels shall not exceed 0.5 foot candles
at the ro ert line.
The applicant declined to proffer a sign
design; however, they have proffered to
remove the outdoor advertising sign
currentl located on the ro ert .
Sidewalks should be provided on both The applicant has proffered a 5' public
sides of arterial streets. sidewalk along the property's frontage
on Oran e Avenue NE.
The applicant has proffered 1 large
deciduous tree for every 30 feet of the
ro ert 's road fronta e.
Excessive lighting should be
discouraged.
Signs should be attractively designed
and co-located on single displays or
monuments.
Members of City Council
Page 7
May 19, 2008
Building location and design should be In order for the applicant to provide
considered as important elements of sufficient parking, the building will have
the streetscape. to be set close to street. Building
materials such as vinyl and CMU block
has been prohibited by the proffered
conditions.
Building fronts and entrances should The applicant has proffered that the
face a street. building's main entrance will be
oriented towards Oranqe Avenue NE.
City Department Comments:
The City's Transportation Manager, Mark Jamison, requested that a Traffic Impact
Analysis (TIA) be conducted based on the most intensive development scenario.
According to the traffic assessment provided by the applicant, the most intensive
commercial use (fast food restaurant with a drive-thru or a drive-thru bank) that could
be constructed on the property would generate one to five percent of existing daily
peak hour traffic. This scenario would require two full-width turn lanes for eastbound
and westbound traffic entering the site, which the applicant has proffered. Mr.
Jamison requested an analysis of the off-site impacts of the development at signalized
intersections (King Street and Granby Street) as part of the TIA. The applicant has
declined to conduct this analysis due to cost and the conceptual nature of the
application. Such analysis, however, will be required during the Comprehensive
Development Review process.
Public Comments:
None.
Planninq Commission Public Hearinq:
The following was discussed at the Planning Commission's public hearing on April 17,
2008:
· Mr. Rife and Mr. Williams felt that a multifamily development on the site would
have more of an impact on traffic than the proposed commercial uses as they
would not generate new trips but capture users already on Orange Avenue.
· Mr. Rife asked why the proffers proposed by the applicant were not adequate to
receive a positive recommendation from staff. Staff responded that while
proffers would ensure a well designed development they did not make the
application consistent with the future land use map and language found in the
Hollins/Wildwood Area Plan that reserves vacant parcels on Orange Avenue for
multifamily development.
. Mr. Rife asked if any discussion had occurred between the applicant and
adjoining property owner to the west about sharing an entrance that better
Members of City Council
Page 8
May 19, 2008
aligned with the median cut. The applicant responded they were planning on
entering into a cross use agreement with the adjoining property owner.
. Mr. Chrisman asked if pedestrian access from Glade Creek Apartments to the
subject property was feasible. The applicant responded that it was not due to
topography.
. Mr. Scholz asked if a particular use proffered by the applicant could be denied
during the Comprehensive Development Plan review process because of
increased traffic. Staff responded that it could not but that the Traffic Engineer
could request certain improvements be made. Staff reiterated that it is
important to know the results of the Traffic Impact Study during the rezoning
process to fully understand the potential effects of the proposal if approved.
. A majority of the Planning Commission concluded that multifamily would not be
a viable use of the property.
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
~"i,~;3CliCrH]re;iog~ntWfi-~
Date: I March 14, 2008 I
f~~~!(!!!t~~~r~q!~'~!!!iJi.
o Rezoning, Not Otherwise Listed
[8J Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
l~r~~~I,~~riIi!!i!n.
Address: 13250 Orange Avenue
Official Tax No(s).: ~9623-- -, 0 ~ 0 I) ;}.. J
Submittal Number: IAmended Application No.1
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Existi~g Base Zoning: .. I RMF, Residential Multifamily
(If multiple zones, please manually enter all dlstncts.)
Ordinance No(s). for Existing Conditions (If applicable): 1
Requested Zoning: ICG, Commercial-General I Proposed Land Use: I Eating Establishment
I 0 With Conditions
[8J Without Conditions
Name: I Glade Creek Station, LP
Address: c/o MSC, P.O. Box 5306, Charlottesville, VA 22905
#;j4..1 f. ~.~ p~
Prop rty Owner's Signature: '
I Phone Number: I '-i 3Y . 293.6069
E-Mail: I
I
I
1 Phone Number:
I E-Mail: I
I
I
Name:
Address:
Applicant's Signature:
Name: IWilliam Earl
I Phone Number: 1434.293.6069
I
I
E-Mail: Iwear.@msc-rents.com
Narrative Statement
Purpose
Glade Creek Station, LP, the Owner of 3250 Orange Avenue (Tax Map Parcel
#7090523), requests a rezoning ofthe property from Residential Multi-Family (RMF) to
Commercial- General (CG).
Introduction
Prior to December 2005 this parcel was zoned Commercial (C-2). A subsequent
comprehensive rezoning initiative conducted by the City of Roanoke, however, led to its
current RMF designation. Due to the location ofthe property on a major arterial
commercial thoroughfare with an existing median cut in front of the parcel, the relatively
small size of the parcel (1.02 acres), and the existing commercial and industrial users
immediately adjacent to this parcel, the Owner believes that a commercial designation
'would be more appropriate and, therefore, requests that the City rezone this parcel to CG,
an equivalent of its previous designation. .
Area and Adjacent Users
The parcel is located at 3250 Orange Avenue, also known as U.S. Route 460 Business,
and is within the Hollins/Wildwood Area Plari. U.S. Route 460 is a heavily traveled
commercial and industrial corridor that includes big box, neighborhood retail centers,
convenience stores/gas stations, restaurants, light industrial manufacturing facilities, and
automotive repair shops to name a few. The 2006 Virginia Department of
Transportation's (VDOT's) annual average daily traffic volume estimates released in July
2007 indicate that approximately 35,000 vehicles per day travel along Orange Ave. from
24th St. to King St. Given the high level of activity along this corridor, residential uses
have traditionally developed one or two blocks removed from this artery. In fact, there
are two existing RMF communities located to the east of the subject property: Glade
Creek Apartments and Hickory Woods Apartments. Although Glade Creek Apartments
shares a property boundary with the subject property, the two parcels are separated by a
natural bluff, which serves as both a buffer and a barrier to the proposed commercial use
of the subject property and Orange Ave (see Exhibit A - Site Topography). The
adjacent parcel to the east of the subject property is an existing commercial service use
with two automotive repair businesses: Cook's Autobody Repair and Tony's Odd Jobs.
Located to the north and across Orange Ave. from the subject parcel is an existing
commercial service use doing business as White Tire Service Center, another intensive
auto-related commercial user. The adjacent parcel to the west is vacant and is zoned
RMF (see Exhibit B - Existing Area Land Use).
Conceptual Plan and Future Development
The Applicant is an experienced commercial and multi-family developer with a portfolio
of real estate investments throughout Virginia. Furthermore, the Applicant is an
1
owner/partner in two adjacent award-winning multi-family communities: Glade Creek
and Hickory Woods. Based on the Owner's thirty-five years of experience in Virginia
real estate development, he believes that the only viable plan for development of a parcel
of this size in this location would be as a commercial use; most likely, a restaurant use.
Accordingly, the Applicant has developed a conceptual plan for a 5,000-square-foot dine-
in restaurant (see accompanying conceptual layout attached as Exhibit C - Concept
Plan). As shown, the concept plan adheres to the city's required setbacks, parking
requirements, and recommended design principles by providing relegated and minimized
parking, an enclosed dumpster area, and pedestrian access along Orange Ave.
Landscaping/buffering, signage, and lighting would be addressed at the site plan review
stage should this concept move forward into full design.
The Owner has also initiated a traffic assessment analysis to determine the traffic impacts
associated with the desired rezoning and subsequent development of the parcel (see
attached Exhibit D - Traffic Assessment). Through the traffic assessment, it was
determined that the most intensive Commercial General uses (sit-down restaurant, drive
in bank and fast food drive thru) would still only generate 1 % - 5% of existing daily peak
hour traffic. Furthermore, it should be noted that the majority of the trip generation
associated with this development would be from existing traffic on Orange Avenue.
Conclusion
The Owner/Applicant seeks a rezoning of3250 Orange Avenue from RMF to CG, to
reflect the zoning designation that the property maintained prior the City of Roanoke's
December 2005 comprehensive rezoning. The rezoning would be subject to the
conditions proffered by the Applicant identified in Exhibit E - Proffered Conditions.
2
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PROJECT DATA
APPUCANT: GlADE CREEK STAllON, LP
ADDRESS: 102 SOUlH FIRST ST.
SUITE J01
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EXHIBIT B - EXISTING AREA LAND USE
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N/F
F&D COMPANY
GPIN: 7090502
ZONING: RMF
LAND USE: MUL TIF AMIL Y
VACANT
- Exhibit C -1 - Concept Plane')
~~.
PROJECT DATA
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APPUCANT: GLADE CREEK STATION, LP
ADDRESS: 102 SOUlH FIRST ST.
SUITE 301
CHARLOTTES~~ V~ 22902
\
N/F
D. WHITE PROPERTIES, LLC
GPIN: 7140116
ZONING: 1-1
LAND USE: 400 COMMERCIAL/INDUSlRIAL
PARKING CALCULATIONS:
1 SPACE PER 60 5.r. OF DINING AREA
5.000 5.F. x 60lll - 3.000 5.F. OF DINING AREA
3,000 5.F. / 60 - 50 REQUIRED PARKING SPACES
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- 'STORAGE
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ORANGE AVENUE, N.E.
VARIABLE R/W
/- ESTIMATED LOCATION OF
EDGE OF PAVEMENT
--~.- - _.-- --- .._- -.-. -- -- "- .--- --. -.--.. ---.. -. -
N/F
JERRY & VIRGINIA SHAVER
GPIN: 7090509
ZONING: CG
LAND USE: 400
COMMERCIAL/INDUSlRIAL
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GLADE CREEK STATION II. LP
GPIN: 7090506
ZONING: RMF-C
LAND USE: 300 MULTI-FAMILY
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EXHIBIT E - PROFFERED CONDITIONS
The following conditions and proffers are made as a part of and are conditional upon the
approval of the rezoning application for Glade Creek Station, LP which is identified on
the Tax Maps of the City of Roanoke, Virginia as Parcel Number 7090523.
1. Permitted Uses:
Only the following uses shall be allowable:
a. Financial institution;
b. Laboratory, dental, medical, optical;
c. Medical clinic;
d. Office general or professional;
e. Caterer, commercial;
f. Community Market;
g. Drive through facility;
h. Drive through kiosk;
1. Mixed-use building with nonresidential uses limited to those listed herein;
J. Studio/multimedia production facility;
k. Eating establishment;
I. Eating and drinking establishment (requires special exception);
m. Entertainment establishment (requires special exception).
2. Existing Outdoor Advertising Sign:
The existing outdoor advertising sign use on the site will be discontinued and the sign
will be removed upon the development ofthis site into a Permitted Use as listed above.
3. Site Improvements:
The following site improvements will be installed during the development of this site into
a Permitted Use.
a. Install a five (5) foot wide public sidewalk adjacent to Orange Ave.
b. Install only one (1) curb cut along Orange Ave.
c. The area from side lot line to side lot line between the front lot line and the
principle building along Orange Ave. shall be landscaped, at a minimum,
with one (1) large deciduous tree for every 30 feet and one (1) evergreen
shrub for every three (3) feet of public road frontage.
d. Install a full-width right turn lane (200' storage, 200' taper) for eastbound
traffic entering the site.
Page 1 of2
e. Install a left turn lane (200' full width storage and 200' of taper) for
westbound traffic entering the site.
4. Site Design:
The following design practices will be implemented during the design and constmction of
the site improvements.
a. Off-street parking shall be located beyond the front building line. In the
case of multiple principle buildings, this proffered condition shall apply to
the building line established closest to the front property line.
b. The principle building entrance shall face Orange Ave.
c. Light levels emanating from the site shall not exceed 0.5 footcandles at the
property line.
d. The following exterior building treatments will prohibited from use:
-exposed concrete block
-exposed concrete
-vinyl siding
Page 2 of2
I
, _ The. Council ofthe, City of
The Roanoke Tlmes 'Roanokewillholda'.publici
hearing on Monday, May 19,
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - 2008, at 7:00 p.m., or as. - - - - - - - - - - -
I soon thereafter as1the
mailer may be heard, in the
I 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 Glade Creek'
Station L.P., to rezone'
I property located at 3250;
'Orange Avenue, N.E., Official'
Tax No. 70905'23, flom
I RMF, Residential Multifamily'
District, 1.0 ,CG,
'Commercial-General District,
subject to the following
'conditiOns: (1) that the
property would be used for
I only the following uses:
,financial institution;
'laboratory, deillal;-medical
"optical; medical clinic: office
general or professional;'
'caterer, commercial;
community market; drive
I through facility; drive
through kiosk;. mixed-use
I II building with nonresidential
,uses limited to those listed
I I,herein; studio/multimedia'
I I P, ro'duction facility; eating
lestablishment; eating'and
Idrinking establishment; ori
I l.entertainment establishment;
I i(2) that an existing billboard
Iwould be removed upon
Ii development of the site for a
'permilled use; (3) that the
I : following site improvements
will be installed during.the
I development of the site: a
I five foot wide sidewalk; one
curb cut along Orange'
I Avenue; area from side lot"
line to side lot line between'
I the front lot line and the'
principal -building along
I Orange Avenue shall be
landscaped, with a minimum'
I of one large deciduous tree
for every 30 feet and one
I evergreen shrub, for every
three feet ,of public road
, frontage; Installation of a,
I full width right turn lane
(200' storage, 200' taper)
I for eastbound traffic
'entering the site; and'
I installation of a lefNum>lane,
'i!200' full width storage and ;
I 1200' of.taper) for westbound'
\ \ \ \ , I , III , , " , traffic entering'the7sile; an~1
",\ "~cENL "," I '!(4)lhat',th efollowingd,eSlgn
to.. \'1' 't./::-, practi,ces would be
......"...l'-...........<...'A_..' I implemented during the
~... ~ ... . NOTARY '. .~~ ~ design and construction of
...:: L~.: PUBLIC ".~ -;, I site improvements: off street,
roo. _ I 'parking shall be located I
.. 32964 * ,beyond the front bUildingj'
= *: REG. #3 :: , dine and in the case of
: : MY COMMISSION:: ImUltiPle principal buildings,'
-'. s. ~:: I the proffer shall apply to the I
~ ~ '. ~IR :. ~ ... building line established
-:. ~_ '. . r';;:; ~ I . closest to the front ploperty!
.....~ ..' ~'oJ':- Iline; principal bUildingl
.." VA,' ........ (.~" ,'" I I'entrance shall face Orange
" Iv'/1tFAlTI-I Cl' ,,'" I Avenue; light levelsl
'" I C \ \' lemanating from the silej
"," ! ,e \ \ \ ,shall not exceed 0.5 foot
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + ~ candles at the property line; - - - - - - - - - - -
I and exposed concrete block, I
: concrete block and vinyl,
,siding exterior buildingl
Itreatments snail bell
1!':ohibited,__ __
Billing Setvices Representative
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
GLADE CREEK STATION,
POBOX 5306
CHARLOTTESVILLE VA
LP
22905
REFERENCE:
80159884
10864952
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. . Sworn and subscribed before me this
_l~_~_day of May 2008. Witness my hand and
official seal.
PUBLISHED ON:
05/02
05/09
TOTAL COST:
FILED ON:
726.00
05/08/09
~~~~~~~~:~~-----------------------,
NonCE OF pu~;-I
HEARING
r
-A copy of ,1 he applicatioiiis I
available for review in the
Office of the City clerk'I'
I Room 456, Noel C. Taylor
I 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 mailer. If you are a
: person with a disability who
I needs accommodations for I
:this h~aring, please contact
,the City Clerk's Office, at I
.853-2541, before noon on
[the Thursday before the date I
lof the hearing listed above.
i GIVEN under my hand this I
: 29th day of April, 2008.
, Stephanie M. Moon, CMC!
I City Clerk.,
I (10864952)
~dog
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, May 19, 2008, at
7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider
the following:
Request from Glade Creek Station L.P., to rezone property located at 3250
Orange Avenue, N.E., Official Tax No. 7090523, from RMF, Residential
Multifamily District, to CG, Commercial-General District, subject to the
following conditions: (1) that the property would be used for only the
following uses: financial institution; laboratory, dental, medical optical;
medical clinic; office general or professional; caterer, commercial;
community market; drive through facility; drive through kiosk; mixed-use
building with nonresidential uses limited to those listed herein;
studio/multimedia production facility; eating establishment; eating and
drinking establishment; or entertainment establishment; (2) that an existing
billboard would be removed upon development of the site for a permitted
use; (3) that the following site improvements will be installed during the
development ofthe site: a five foot wide sidewalk; one curb cut along Orange
Avenue; area from side lot line to side lot line between the front lot line and
the principal building along Orange Avenue shall be landscaped, with a
minimum of one large deciduous tree for every 30 feet and one evergreen
shrub for every three feet of public road frontage; installation of a full width
right turn lane (200' storage, 200' taper) for eastbound traffic entering the
site; and installation of a left turn lane (200' full width storage and 200' of
taper) for westbound traffic entering the site; and (4) that the following
design practices would be implemented during the design and construction of
site improvements: off street parking shall be located beyond the front
building line and in the case of multiple principal buildings, the proffer shall
apply to the building line established closest to the front property line;
principal building entrance shall face Orange Avenue; light levels emanating
from the site shall not exceed 0.5 foot candles at the property line; and
exposed concrete block, concrete block and vinyl siding exterior building
treatments shall be prohibited.
CIL\ Ci-;:'.:::
A copy ofthe application is availi:tble for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
Glade Creek Station-rezone with proffers.doc
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 29thiay of April
,2008.
Stephanie M. Moon, CMC
City Clerk.
Glade Creek Station-rezone with protTers.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, May 2,2008 and May 9,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
N - Glade Creek Station-rezone with proffers 5-19-08.doc
Send bill to:
Douglas Catron, General Partner
Glade Creek Station, LP
POBox 5306
Charlottesville, VA 22905
(434) 293-6069
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, 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
May 6, 2008
CECELIA R. TYREE,
Assistant Deputy City Clerk
Douglas Catron, General Partner
Glade Creek Station, LP
P. O. Box 5306
Charlottesville, Virginia 22905
Dear Mr. Catron:
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, May 19, 2008, at 7:00p.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., on the request of Glade Creek Station, L.P. to rezone
property located at 3250 Orange Avenue, N. E.; from RMF, Residential Multifamily
District, to CG, Commercial-General District, subject to certain proffered
conditions.
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 be present at the
May 19 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Sincerely,
~'m. M()~
Stephanie M. Moon, CMC V
City Clerk
SMM:ew
Enclosure
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
CECELIA R. TYREE
Assistant Deputy City Clerk
April 30, 2008
D White Properties, LLC
Mr. and Mrs. Jerry Shaver
F & D Company
Joe C. Thomas
Adrian Lewis, President
Wildwood Civic League
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, May 19, 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., City of Roanoke, on the request of Glade Creek Station,
L.P., to rezone property located at 3250 Orange Avenue, N. E., from RMF,
Residential Multifamily District, to CG, Commercial-General District, subject to
certain proffered conditions.
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,
. ~.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Adjoining Property Owners
April 30, 2008
Pag e 2
pc: 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 REZONING REQUEST OF:
Glade Creek Station, LP, 3250 Orange Avenue, NE, ) AFFIDAVIT
Tax No. 7090523 )
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 March, 2008, notices of a public hearing
to be held on the 1 ih day of April, 2008, on the request captioned above to the
owner or agent of the parcels as set out below:
Tax No.
Name
Mailinq Address
7090506
Applicant
7140116
D White Properties, LLC
2367 Alexander Palm Drive
Naples, FL 34105
7090509
Jerry and Virginia Shaver
74 Quail Lane
Troutville, VA 24175
7090502
F & D Company
POBox 8636
Roanoke, VA 24014 .
7140125
Joe C. Thomas
Accent Construction Co., Inc.
494 Glenmore Drive
Salem, VA 24153
Also mailed to: Adrian Lewis, Wildwood Civic League
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 25th day of March, 2008.
a~, A pm~*,~)
.-.
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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, April 17, 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 Glade Creek Station L.P., to rezone property located at
3250 Orange Avenue, N.E., Official Tax No. 7090523, from RMF,
Residential Multifamily District, to CG, Commercial-General District,
subject to the following conditions: (1) that the property would be used for
only the following uses: financial institution; laboratory, dental, medical
optical; medical clinic; office general or professional; caterer, commercial;
community market; drive through facility; drive through kiosk; mixed-use
building with nonresidential uses limited to those listed herein;
studio/multimedia production facility; eating establishment; eating and
drinking establishment; or entertainment establishment; (2) that an
existing billboard would be removed upon development of the site for a
permitted use; (3) that the following site improvements will be installed
during the development of the site: a five foot wide sidewalk; one curb cut
along Orange Avenue; area from side lot line to side lot line between the
front lot line and the principal building along Orange Avenue shall be
landscaped, with a minimum of one large deciduous tree for every 30 feet
,;~
\,"'
and one evergreen shrub for every three feet of public road frontage;
installation of a full width right turn lane (200' storage, 200' taper) for
eastbound traffic entering the site; and installation of a left turn lane (200'
full width storage and 200' of taper) for westbound traffic entering the site;
and (4) that the following design practices would be implemented during
the design and construction of site improvements: off street parking shall
be located beyond the front building line and in the case of multiple
principal buildings, the proffer shall apply to the building line established
closest to the front property line; principal building entrance shall face
Orange Avenue; light levels emanating from the site shall not exceed 0.5
foot candles at the property line; and exposed concrete block, concrete
block and vinyl siding exterior building treatments shall be prohibited.
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, April 1 and 8, 2008
Please bill:
Douglas Catron, General Partner
Glade Creek Station, LP
POBox 5306
Charlottesville, VA 22905
(434) 293-6069
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
,
,
.e."
Planning Building and Development
Memorandum
TO:
FROM:
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Martha P. Fran~J.f~~City Planning Commission
DATE:
March 17, 2008
SUBJECT: Amended Application No.1 - Glade Creek Station, LP
Attached please find Amended Application No.1 filed on Monday, March 17,
2008. The amended application contains a Traffic Assessment, revised concept
plan and additional proffered conditions.
Please contact Maribeth at 1502 if questions. Thank you.
If
attachme~
cc: ~phanie Moon, City Clerk (w/a)
Susan Johnson, City Attorney's office
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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
1~;~:"'CHgK~H~-r~:t9,Rijnti7::~1
Submittal Number: IAmended Application No.1
o Rezoning, Not Otherwise Listed
[g] Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
~p'~;Ii'form~lI
Address: 13250 Orange Avenue
Official Tax No(s).: re9623-- l 0 q 0 5 J.. :?
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Existing Base Zoning:
RMF, Residential Multifamily
(If multiple zones, please manually enter all districts.)
Ordinance No(s). for~_xisting C()!1ditions (If applicable): 1.-
Requested Zoning: ICG, Commercial-General . I Proposed Land Use: I Eating Establishment
\iT'
o With Conditions
[g] Without Conditions
Name: I Glade Creek Station, LP
I Phone Number: Ilt 3Y . 293.6069
E-Mail: I
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Address: c/o MSC, P.O. Box 5306, Charlottesville, VA 22905
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Prop rty Owne~s Signature: "
I Phone Number:
.1 E-Mail: I
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Name:
Address:
Applicant's Signature:
Name: IWilliam Earl
I Phone Number: 1434.293.6069
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E-Mail: Iwearl@msc-rents.com
Narrative Statement
Purpose
Glade Creek Station, LP, the Owner of 3250 Orange Avenue (Tax Map Parcel
#7090523), requests a rezoning of the property from Residential Multi-Family (RMF) to
Commercial - General (CG).
Introduction
Prior to December 2005 this parcel was zoned Commercial (C-2). A subsequent
comprehensive rezoning initiative conducted by the City of Roanoke, however, led to its
currentRMF designation. Due to the location of the property on a major arterial
commercial thoroughfare with an existing median cut in front of the parcel, the relatively
small size of the parcel (1.02 acres), and the existing commercial and industrial users
immediately adjacent to this parcel, the Owner believes that a commercial designation
would be more appropriate and, therefore, requests that the City rezone this parcel to CG,
an equivalent of its previous designation.
Area and Adjacent Users
The parcel is located at 3250 Orange Avenue, also known as U.S. Route 460 Business,
and is within the Hollins/Wildwood Area Plan. U.S. Route 460 is a heavily traveled
comm~rcial and industrial corridor that il].clud~s big box, nejghborhoo_d retail centers,_
convenience stores/gas stations, restaurants, light industrial manufacturing facilities, and
automotive repair shops to name a few. The 2006 Virginia Department of
Transportation's (VDOT's) annual average daily traffic volume estimates released in July
2007 indicate that approximately 35,000 vehicles per day travel along Orange Ave. from
24th St. to King St. Given the high level of activity along this corridor, residential uses
have traditionally developed one or two blocks removed from this artery. In fact, there
are two existing RMF communities located to the east of the subject property: Glade
Creek Apartments and Hickory Woods Apartments. Although Glade Creek Apartments
shares a property boundary with the subject property, the two parcels are separated by a
natural bluff, which serves as both a buffer and a barrier to the proposed commercial use
of the subject property and Orange Ave (see Exhibit A - Site Topography). The
adjacent parcel to the east of the subject property is an existing commercial service use
with two automotive repair businesses: Cook's Autobody Repair and Tony's Odd Jobs.
Located to the north and across Orange Ave. from the subject parcel is an existing
commercial service use doing business as White Tire Service Center, another intensive
auto-related commercial user. The adjacent parcel to the west is vacant and is zoned
RMF (see Exhibit B - Existing Area Land Use).
Conceptual Plan and Future Development
The Applicant is an experienced commercial and multi-family developer with a portfolio
of real estate investments throughout Virginia. Furthermore, the Applicant is an
1
owner/partner in two adjacent award-winning multi-family communities: Glade Creek
and Hickory Woods. Based on the Owner's thirty-five years of experience in Virginia
real estate development, he believes that the only viable plan for development of a parcel
of this size in this location would be as a commercial use; most likely, a restaurant use.
Accordingly, the Applicant has developed a conceptual plan for a 5,000-square-foot dine-
in restaurant (see accompanying conceptual layout attached as Exhibit C - Concept
Plan). As shown, the concept plan adheres to the city's required setbacks, parking
requirements, and recommended design principles by providing relegated and minimized
parking, an enclosed dumpster area, and pedestrian access along Orange Ave.
Landscaping/buffering, signage, and lighting would be addressed at the site plan review
stage should this concept move forward into full design.
The Owner has also initiated a traffic assessment analysis to determine the traffic impacts
associated with the desired rezoning and subsequent development of the parcel (see
attached Exhibit D - Traffic Assessment). Through the traffic assessment, it was
determined that the most intensive Commercial General uses (sit-down restaurant, drive
in bank and fast food drive thru) would still only generate 1 % - 5% of existing daily peak
hour traffic. Furthermore, it should be noted that the majority ofthe trip generation
associated with this development would be from existing traffic on Orange Avenue.
Conclusion
The Owner/Applicant seeks a rezoning of 3250 Orange Avenue from RMF to CG, to
reflect the zoning designation that the property maintained prior the City of Roal).oke's
December 2005 comprehensive rezoning. The rezoning would be subject to the
conditions proffered by the Applicant identified in Exhibit E - Proffered Conditions.
2
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Exhi~it A. - Site Topography
PROJECT DATA
APPUCANT: GlADE CREEK STAllON. IP
ADDRESS: 102 SOUTH FlRST ST.
SUITE 301
alARlOTTES\1lJ.E, VA. 22902
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STREET E~EVATIDN APPRDX, 996
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SCHEMATIC LAYOUT
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EXHIBIT B - EXISTING AREA LAND USE
Exhibit C - 1 - Concept Plan
PROJECT DATA
N/F
D. WHITE PROPERTIES, LLC
GPIN: 7140116
ZONING: 1-1
LAND USE: 400 COMMERCIAL/INDUSTRIAL
APPUCANT: GlADE CREEK STATION. LP
ADDRESS: 102 SOUlH FIRST ST.
SUITE 301
CHARLOTTE~~ VA. 22902
PARKING CALCULATIONS:
1 SPACE PER 80 s'F. OF DINING AREA
5.000 s'F. x 80ll: = 3.000 s'F. OF DINING AREA
3,000 s'F. / 80 - 50 REQUIRED PARKING SPACES
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U.S. ROUTE 460
ORANGE AVENUE, N.E.
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GPIN: 7090506
ZONING: RMF-C
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Exhibit D - Traffic Assessment
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TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
To:
From:
Date:
Re:
Copy:
William Earl (Management Services Corporation)
W. Scott Dun, AICP
March 17, 2008
Traffic Assessment - MSC Property on Orange Avenue in Roanoke, VA
Rick Cason (Management Services Corporation)
Per your request, a traffic assessment was prepared to determine the impacts associated with
rezoning and subsequent development of a I-acre parcel located on Orange Avenue, opposite
Seibel Drive, in Roanoke, VA.
Existine: Conditions
Orange Avenue (Route 460) is a 4-lane, median divided roadway with a posted speed limit of 40
mph. According to the most recent VDOT counts, Orange Avenue has an average daily traffic
(ADT) count of 35,000 in this area.
The subject I-acre parcel is currently undeveloped; the western property boundary line aligns
with an existing median break. The parcel was recently rezoned from commercial to multi-family
residential. It is the owner's desire to have the property rezoned to its former commercial (CG)
zomng.
Backe:round Traffic Data - -
Hourly directional traffic volumes for the following segment of Orange Avenue (Route 460) were
obtained from the Virginia Department of Transportation (VDOT):
. 24th Street to King Street
This data was collected May 16th and 17'\ 2007. The 2007 peak hour directional volumes are
summarized graphically on Figure I below; copies of the VDOT-provided data are contained in
the appendix.
Figure 1
Background Traffic (2007)
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Exhibit 0 - Traffic Assessment
Orange Avenue Traffic Assessment
For the purposes of this study it is assumed that a commercial entity will exist on the parcel by
the year 2013. The 2007 background volumes were grown to the 2013 build out year using a 3%
annual growth rate. This growth rate was determined using historical ADT volumes provided by
VDOT. The projected background traffic volumes are summarized on Figure 2.
Figure 2
Background Traffic (2013)
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Proiected Site Tratlic
Although the applicant's!owner's concept plan shows a 5,000 sf sit down restaurant, traffic
impacts were analyzed using a "worst case" scenario approach which considers other allowable
uses under the proposed commercial (CG) zoning. The two "worst case" scenarios consist of
either a 3,500 sf dri ve thru fast food restaurant or a 3,500 sf bank.'
The estimated peak hour driveway volumes for the conceptual uses are summarized in Table I.
These estimates were calculated using information provided by the ITE Trip Generation Manual,
lh Edition.
Table 1
MSC Orange Avenue Trip Generation Estimates
Land Use ITE Size ADT AM AM PM PM
Code Enter Exit Enter Exit
High Turnover Sit Down Restaurant 932 5,000 sf 636 30 28 33 21
Drive In Bank 912 3,500 sf 895 24 19 80 80
Fast Food w! Drive Thru 934 3,500 sf 1,736 95 91 63 58
As mentioned previously, the existing ADT on Orange Avenue (Route 460) is 35,000. The trip
generation estimates presented above show that the conceptual uses will equal 1 % to 5% of the
existing traffic currently traveling on Orange Avenue.
It should also be noted that restaurants and banks are typically not "unique" destinations and
ultimately dependent on existing traffic. Given this, it is anticipated that a significant percentage
of traffic entering and exiting the site is already traveling along Orange Avenue. In reality, the
new, traffic generated by the conceptual uses is less than what is indicated above.
For the purposes of the analysis, the AM peak volumes for the fast food restaurant and the PM
peak volumes for the drive in bank were used. This approach presents a "worst case" scenario
with respect to the entering and exiting volumes for the conceptual uses.
2
Exhibit 0 - Traffic Assessment
Orange Avenue Traffic Assessment
The directional split of site-generated traffic was calculated using the existing directional split of
traffic on Orange Avenue (Route 460). This approach resulted in the following peak hour
distributions:
· AM Peak - 43% westbound, 57% eastbound
· PM Peak - 50 % westbound, 50% eastbound
The percentages from the previous page were applied to the projected peak hour driveway
volumes summarized in Table I. The resulting site-generated traffic estimates are summarized on
Figure 3.
Figure 3
Site-Generated Traffic
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Total traffic was calculated combining 2013 Background Traffic (Figure 2) with Site-Generated
Traffic (Figure 3). Total estimated 2013 traffic is summarized on Figure 4.
Figure 4
2009 Total Traffic
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Exhibit D - Traffic Assessment
Orange A Veil lie Traffic Assess1Ilellt
Traffic Analvsis
At the applicant's/owner's request, the following analyses were performed for the conceptual
development that could be accommodated under the proposed rezoning.
Turn Lane Warrant Analysis
The appropriate turn lane nomographs from the VDOT Road Design Manual were used to
determine the necessity of turn lanes at the proposed entrance.
The results of this analysis indicate:
· An eastbound right turn lane (full width) is warranted by the projected 2013 total
volumes; and
· A westbound left turn lane is warranted by the projected 2013 total volumes.
Copies of these nomographs are contained in the appendix for your review.
Peak Hour Capacity Analyses
AM and PM peak capacity analyses were performed using HCS+ and that projected 2013 total
volumes. The capacity analyses are summarized in the table below:
AM Peak PM Peak
Approach Movement LOS Delay LOS Delay
(see) (see)
Eastbouno Left -- .C - , 15.2 B 14.9
Westbound Left B 12.9 C 16.6
Northbound Left F 59.1 F 95.9
Thru/Right D 29.9 E 38.2
Capacity analyses indicate that Orange Avenue (Route 460) will operate at a LOS "C" or better
during both the AM and PM peak periods. Traffic exiting the site, however, is anticipated to
encounter delays in excess of 60 seconds which result in a LOS "F" during both AM and PM
peak periods; these results assume that two exit lanes are provided.
Copies of the HCS+ output sheets are contained in the appendix for your review.
Peak Hour Traffic Signal Warrant Analysis
The projected 2013 total traffic volumes were used in conjunction with the nomograph for the
MUTCD Peak Hour Traffic Signal Warrant (Warrant #3). This analysis indicated that the
projected traffic volumes do not satisfy the peak hour volume requirements for a traffic signal.
Again, these results assume that two exit lanes are provided.
A copy of this nomograph is contained in the appendix for your review.
4
Exhibit 0 - Traffic Assessment
Orange Avenue Traffic Assessment
Conclusions
The analysis performed for the I-acre parcel on Orange Avenue (Route 460) in Roanoke,
assuming 3,500 sf of commercial development (fast food with drive-thru or a drive in bank)
indicates the following:
· Projected eastbound site traffic entering the site warrants the installation of full-width
right turn lane (i.e. 200' storage, 200' taper).
· Projected westbound site traffic entering the site warrants the installation of a left
turn lane. VDOT Design nomographs indicate the need for 500' of full width
storage; capacity analysis indicates this amount is excessive. Based on this
information, it is recommended that 200' of full width storage and 200' of taper be
provided.
· Capacity analysis indicates traffic exiting the site during both the AM andPM peaks
will operate at a LOS 'F', encountering approximately I to 1.5 minutes of delay.
This delay is due to the through traffic volumes on Orange Avenue which do not
allow sufficient gaps for vehicles attempting to turn left from the proposed site. This
situation can not be remedied by additional lanes exiting the site or along Route 460.
Installing a traffic signal would stop through traffic on Orange Avenue and allow
traffic on the side streets to enter Route 460; however this is not recommended (see
below).
· The projected traffic volumes do not satisfy the MUTeD peak hour warrants; it is
also unlikely that the 8-hour and 4-hour warrants would be satisfied. In addition,
given the through volumes on Orange Avenue, it is likely significant queues and poor
mainline levels of service would result. Based on this information a traffic signal is
not recommended at this location.
5
Exhibit 0 - Traffic Assessment
Orange AVeIllle Traffic Assessment
Appendix
6
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Exhibit 0 - Traffic Assessment
It,'>; 1:28.8D55 Kil1g 51
157.$9
573384
2006 AIJT: 3riOQO {F)
:I CrJunl~r3
4 Lanes
v(jI'\i<:/1lI
Tho d~~ :"'ot tallow h:i'le ~Il Miln~1v RevieWed and fol!.J1d to be Ac'(;ep~.bll} ftJr aUrMS ~es.
The C1:ts3ifi~ion data \hill 10110--. 1':-01\'0 t~n M;QntJ3A'Y Re'/l!:YIed alld found to be A::coPBl:~ for all TMS lI$es,
2 2 101 13 3 0 t 0 1 20 0 Q 0 0
II 0 171 18 t 2 0 0 2 1& 0 3 , ~
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c 0 65 4 1 0 0 0 :I 2.0 0 3 0 0
2 -0 65 1!3 0 1 2 0 3 2.$ 0 5 0 Q
C 0 62 50 2 I I) 0 18 0 5 0 0
2 0 51 9 3 3 I 0 4 :i'5 0 4 0 Co
0\ 0 69 ;. :s 2 l) t 0 () 27 0 4 1 Co
2 0 86 25 2 2 0 0 :2 3S 0 :z 0 0
4 1 71 23 1 :2 I 0 0 31 1 1 1 0
2 1 336 66 4 6 '2 D 5 .3::' 0 1 0 Q
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2 9 fi43 155 4 14 '6 0 6 51 1 1 0 0
4 4 .e.t7 181 12 a 3 :I 3 4~ 0 H~ .0 ()
~ 4 625 jg,;; 1 23 20 1 3 48 1 2 0 0
4 7 S48 240 23 15 'f 8 ~ 44 3 5 0 0
2 7 517 221 'Q 23 11 -t 12 51 0 (} 0 0
, 5 797 222 10 ~g 11 5 II 41 2 ~ 0 0
2 2 517 194 11 27 ~O 1-4 19- 47 1 2 0 0
4 1 615 lE5 9 18 13 12 11 51 1 2 0 0
:2 :3 5JB 185 919 ,s 12 20 73 3 2 0 0
" 3 ~1a 180 14 16 20 8 S 48 3 0 0 0
:2 1 eSe 172 9 20 19 10 1/1 ~ 1 Q 0 0
4. 2 6:37 22:\ 12 14 16 6 11 <$7 2 1 0 0
2 {j 679 ~90 10 22 " 9 10 47 1 0 Q 0
4 1 1379 %0:; e 18 25 5 " 650 0 1 0 0
2 3 154 210 11 18 14 :2 9 49 D 0 0 0
4 5 623 '165 7 24 2Q 6 11 41 0 0 0 0
:2 2 "/27 134 f.j 18 16 1 9 ~ 0 0 0 0
.e. 4 1302 20410 10 14 5 8- 40 1 0 1 0
:2 3 aca 213 4 te \5 5 7 j.8, 0 too
4 2 C126 220 B 19 ~ 6 14 S3 1 0 0 0
f!5 aY.r 199-u 11 --if -i~ 0 7 32 0 0 00-
4 2525 224 13 16 12 J fiJ 14 1 J 0 0
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Route: US 460; Or('lnoa "wo
Prom: 24th St
Milgpost: 155,52
tffRIS N::x;le; 6734&0
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Exhibit 0 - Traffic Assessment
TMS LimlIO: ~6246
Cl~\I 01 Ro~
UI'lit: Vetl.ide
R<lUt!f: lIS 460; Cr:JIlQll AVFJ
From: 24th 5l
rl"iJep~'t; 166.52
HiAIS i\klde: 513.150
..--.. s"tort TittA Cntr Lani(ir-.~rk; 'CI~ 2 '-,a 3~ -'Cla ~4-a.aS - CIS 5
05,'11107
7.wl.) ADT~ 35000 (F)
J Ccunt~r$
4 Looaa
Tn: 12!.-&'}SSl<lng St
157.89
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nil: ell!;) thai follow ha"'8 I::cen r.~uaIW R~~'ev.'lld and found to be i\cogotabJo !Qt ;;III TMS '.I$I!$.
Th-l'l Clil~T~tir,ln CN Ilio:rt follow tla','e tll!cn ManuallV Revle.ved and found to be Acceplable kf all n.~S usall,
08~OO am 2 2 679 :lOS 12 23 B "I 6 54 . 0 0 0 0 0 3
08:00 am 4.. 779 218 10. :24 12 go 5 45 2 5 0 0 0 7
09:00 am 2 0 '61 176 to 15 27 11 12 69 1 1 0 0 0 2
09:00 am - 4'!l94 190 16 17 21 S 13 59 2 a 1 0 0 2
10;00 ~ 2 5 ~23 191 3 2ft 23 10 11 57 3 0 0 0 0 ;)
,o:oo;tm . 4 7 684 TY1 ,5 22 24 5 13 5Q :z IJ 0 a 0 ti
11:00 aft) . :2 S f322 202 6 15 20 13 1S 58 1 :3 0 Q (I "
,,:o-O~' - 4 4 el.i9 17$ 9 16 2~ 7 13 50 2 0 a 0 0 :z
12:00 pm . 2 7 715 19, 1\ 2;) 21 1 10 49 2 2 0 0 0 (l
j2:00 rxrn 4 ~ 7204 208 6 20 18 7 lil 58 2 1 0 0 a B
01:00 om - 2 4 759 2'J H 18 20 3 12 52 2 0 0 0 a 1
01:00 DnM -4 1 717 19D 15 ,g 22 12 6 118 4 0 0 0 Q 0
02:00 D~ - 2 3 700 178 18 1!; 21 Q 10 51 a 1 0 l) 0 ;)
O;Z;OOOIi1 - 4 6 7:12 :217 16 19 18 5 14 50 0 2 {) 0 0 8
"~.,, D3;OOCIFl - 2 $ 842 207 11 11 20 10 7 45 1 a {) 0 0 I
...... D3:00Dm 4 7 002 22Q 7 15 14 7 14 ~z a a 0 0 05
",.,. 04:00 pm . 2 7 :1)14 215 6 10 9 0 11 32 0 1 0 0 0 1
'Co':' 04:00 s:m 4. 15_ 4e6. 223. 14. 14 1~ ~ 13 38 1 1 0 0 0 Ii
05:00 pm - :2 B lo=a 208 ~ B 11 2 a 30 0 2 0 0 a D
05;00 om - 4 10 2013 197 9 l' 10 i) 16 31 1 1 0 0 0 113
OB:OO &,'IIfl . :l!" 759 132 (; 7 '9 1 8 24 0 1 0 0 0 3
Olli~OO PfR1. - 4 9 1Z~ 12J 4 IJ 1 0 19 11 a 1 0 0 0 0
Ll7:00 pn . 2 2 ('>16 103 74 1 G !i 27 0 1 0 U 0 2
07:00 pm. 4 3 ~41 34 2 4 5 II 5 21 a 0 0 0 0 1
08;00 em - 2 Ei 605 9a 4 2 I 0 6 2.7 0 ., 0 0 0 0
olJ:OO 111.,. . 4 3 42.$ B5 S 1 0 ~. 4 2Q a :2 0 0_ 0 1
09:00 tzI)l. - 2 O!;l:;G a:z :z 0 1 0 4 1 a 0 11 0 I) 0 0
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10;00 OM - 2 0 30' 40 0 1 2 0 4 7.':> 0 5 1 0 0 D
10:00 PlI7 . 4 1 2n :.w t 0 Z 0 2 IS 0 I 0 I) 0 0
11:00M\' . :2 1 204 19 too 0 D 9 0 2 Il 0 0 D
11:00 PI"""., .....':.._,~...4..__._om .2.32.. . 19 2 . 0, ...._..Q__~. ~".... ..3.... 21 1 4_. ,J)..___<L_..".,(L..... 0
Oa;lv lc..al for C-&17l07 143 24715 ~963 ns 4e~ 4:7 15-5 326 1712 $4 !:i9 6 0 0- ~
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Exhibit 0 - Traffic Assessment
GUIDELINES FOR RIGHT TURN TREATMENT (4-LANE HIGHWAY)
FIGURE (-1-9 VDOT ROAD DESIGN MANUAL
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80 ....:.:.:.:.:.:.:.:.:.:.:.:.: .:.:.:.:. :.~.:.:.:.:.:.:.:.:.:.:. :.:.:.:. :':':'.
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...........................",.. . . . .. .. . . . . . . . .. .. . .. . . . o. ...................................... .
60 ::.::::::::::::::::::::::::::: TAPER REQUIRED :;:::::::::::;:::::::::::;:::::::::::;:;....
::::::::: :::::::::::::::::~:::::: ::::::: ::: ::::::: :::::::: ::::::::: :::::::: :::::::::::: ::::::: :::::::::: ::::::::::::::" .
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:.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'. .
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41 ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ t ~ ~ ~ ~ t ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ t ~ ~! ~ ~~~~ ~ ~! ~ ~~f!~! ~ ~~ ~ ~ ~ ~!! ~~!~ ~ ~ ~! !~~~!::::::'.
40
20 -
200
400
600
800
1000
1200
1241
1400
1642
PHV APPROACH TOTAL, VEHICLES PER HOUR
LEGEND
AM Peak Hour
- - - PM Peak Hour
200 FT RIGHT TURN LANE REQUIRED
Right-Turn Lane Warrant
2013 Total Volume
(Orange Avenue - Roanoke)
...$
. .. . .0
TIMMONS GROUP
Figure
1
'tOUR VISiON ;.\CHIEVED fHIU)UGH OUHS
1800
1642
'600
'400
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~ 1241
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LEGEND
- AM Peak Hour
- -, PM Peak Hour
Exhibit 0 - Traffic Assessment
WARRANT FOR LEFT-TURN STORAGE LANES
ON FOUR-LANE HIGHWAYS
FIGURE C-1-1.1 VDOT ROAD DESIGN MANUAL
f f
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Grade, Unsignalized intersections
S=Storage Length Required
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VL LEFT TURNING VOLUME fVPH}
500 FT LEFT TURN lANE REQUIRED
Left-Turn Lane Warrant
2013 Total Volume
(Orange Avenue - Roanoke)
....0
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Figure
2
TIMMONS GROUP
YOUR VISION ACHfevED rHROUCH OURS
Exhibit 0 - Traffic Assessment
MUTeD PEAK HOUR SIGNAL WARRANT
Figure 4C-4. W.rranl3, Peale Hour (10% Factor)
(COMMUNrTllESS T1fAN 111._ POPUUnON OR ABOVE 70 'm/h (411 mpb) ON MAJOR SmEET)
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W 2 Of' MORE l.ANES & 1lAt-fE
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XQ 400 fro 600 70D 800 900 1000 1100 1200 1300
768
MAJOR STREET-TOTAL OF BOTH APPROACHES-
VEHICLES PER HOUR (VPH)
.Nor.~ 100 vph ~ M tht .~ 1hrC)~ ~ tot a i'Ilfnafofttf6M
~. wlm two (If mom 1/lnIl:S and 7:5 ~ :applullU me l'cMr
tttrosoold ~I'O, ammor.S1ItHt ~.Mth one 1anlJ\.
LEGEND
- AM Peak Hour
- - - PM Peak Hour
PEAK HOUR SIGNAL WARRANT NOT MET
.eeo.,
.. . Gl.
Peak Hour Signal Warrant (MUTeD)
2013Total Volume
(Orange Avenue - Roanoke)
Figure
3
TIMMONS GROUP
YOUR VISION ACHIE.VED Tl-lROUGH OURS.
Exhibit D - Traffic Assessment
TWO-WAY STOP CONTR OL SUMMARY I
General Informatl 0 n ISite Information I
I'.na';sl SD ---'j7nei c.r.s'.ve .Jt~'&'MSC Pii!('~'
I} rsadioo, ~ttr
~g9!rtc.l~i'G9,,-. . ...__. . T.(1f({J1~!lf. <iJ'~ ... .., it .Grld'l r>>: 6., 1.~'"
1iJJr'lsdidion
;':'i.B ~rtormed; j.'.9;:2t1C9 1;l'.narJiS"9 Year 2013
!'\L,~:f~'r9 Trne Rlr'::d AM .H;'M-. I'
~ ~iCu=-==l:=a:IJ
;:Ire llCl coesa'~ucn lAse . .G'o.ar.<(l~9 Pwc~'
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l'te/'5ect'oo o-:e nl a, [00 : ~a'~.JIV'&~ ISttla-- ~i"icd ,'lnrs}: 0.25
Vehicle VolUmes and AdjUStments
'~t11{)rStreet ._uu_ -,-- -_.-.. EastblJ'.f1d - -.... ',Yes.':to.i'1d
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,\tJ','ement 7 :9 9 )0 11 j2
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EXHIBIT E - PROFFERED CONDITIONS
The following conditions and proffers are made as a part of and are conditional upon the
approval of the rezoning application for Glade Creek Station, LP which is identified on
the Tax Maps of the City of Roanoke, Virginia as Parcel Number 7090523.
I. Permitted Uses:
Only the following uses shall be allowable:
a. Financial institution;
b. Laboratory, dental, medical, optical;
c. Medical clinic;
d. Office general or professional;
e. Caterer, commercial;
f. Community Market;
g. Drive through facility;
h. Drive through kiosk;
1. Mixed-use building with nonresidential uses limited to those listed herein;
J. Studio/multimedia production facility;
k. Eating establishment;
I. Eating and drinking establishment (requires special exception);
m. Entertainment establishment (requires special exception).
2. Existing Outdoor Advertising Sign:
The existing outdoor advertising sign use on the site will be discontinued and the sign
will be removed upon the development of this site into a Permitted Use as listed above.
3. Site Improvements:
The following site improvements will be installed during the development of this site into
a Permitted Use.
a. Install a five (5) foot wide public sidewalk adjacent to Orange Ave.
b. Install only one (1) curb cut along Orange Ave.
c. The area from side lot line to side lot line between the front lot line and the
principle building along Orange Ave. shall be landscaped, at a minimum,
with one (1) large deciduous tree for every 30 feet and one (1) evergreen
shrub for every three (3) feet of public road frontage.
d. Install a full-width right turn lane (200' storage, 200' taper) for eastbound
traffic entering the site.
Page 1 of2
e. Install a left turn lane (200' full width storage and 200' of taper) for
westbound traffic entering the site.
4. Site Design:
The following design practices will be implemented during the design and construction of
the site improvements.
a. Off-street parking shall be located beyond the front building line. In the
case of multiple principle buildings, this proffered condition shall apply to
the building line established closest to the front property line.
b. The principle building entrance shall face Orange Ave.
c. Light levels emanating from the site shall not exceed 0.5 footcandles at the
property line.
d. The following exterior building treatments will prohibited from use:
-exposed concrete block
-exposed concrete
-vinyl siding
Page 2 of2
May 12 08 11 :46a
03/20/2008 10:55 FAX
Management Services Corp
March 20, 2008
Ms. Maribeth Bendt Mills
City of Roanoke, Planning Division
21 S Church Ave., S.W.
Noel C. Taylor Municipal Bldg.. Rm 166 .
Roanoke; VA 24011
Via U.S. Mail
Re: Rezoning Application for Glade Creek Station, LP (TM #709052.3)
Ms. Mills,
As the owner of an adjoining parcel fronting Orange Avenue, I am writing to pledge my
full support for the Zoning Amendment Application being submitted by Glade Creek
Station, LP for Tax Map #7090523. This request, which seeks to rezone the parcel from
residential multi-family (RMF) to commercial-general (CG) is most appropriate given the
size and location of the parcel.
With approximately 30-40,000 vehicle trips per day, Orange Avenue (u.S. 460 business)
has been a longstanding, heavily traveled, major thoroughfare in the City of Roanoke. In
fact. tbe majority of the uses that can be found on Orange Avenue are consistent with the
CG designation. In my opinion, development of residential uses adjacent to such a
heavily traveled conidor would be very difficult:, if not impossible. On the other hand,
commercial users prefer and should be adjacent to major thoroughfares. Additionally,
commercial users wiU increase the City's tax base and provide much needed amenities
such as restaurants, banks. and more locations for new and relocating businesses. As
such. it is my firm belief that the parcel in question should be zoned CO which will have
a positive impact on the City and its residents.
Should anyone have questions regarding my support for the above referenced application,
I can be reached at 540-345-3727 dUring normal business hours.
Sincerely,
/''?? I.. -' j)
;e{;.. ,. Y';r;f1/l v,..- ;r--"':' '
V'I /t~...
" ..
Bill Woody, President
F and D Land Company. Inc.
cc:
Mr. Chris Chittum, Agent for Roanoke City Planning Commission
p.2
raJoOO2l0002
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON,CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 20, 2008
Medical Facilities of America LI
Limited Partnership
2917 Penn Forest Boulevard, Suite 200
Roanoke, Virginia 24018
Gentlemen:
, I am enclosing copy of Ordinance No. 38097-051908 amending 936.2-100,
Code of the City of Roanoke '(1979), as amended, and the Official Zoning Map,
City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing
Ordinance No. 28644-051887, to the extent that it placed certain conditions on
Official Tax No. 1440317, the Raleigh Court Health and Rehabilitation Center,
located at 1527 Grandin Road, S.W., and placing new proffers on the subject
property; and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in. full
force and effect upon its passage.
Sincerely,
~O).
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Enclosure
Medical Facilities of America LI
May 20, 2008
Page 2
pc: Mr. and Mrs. Michael Kennedy, 2019 Windsor Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Robert Dugan, 2023 Windsor Avenue, S. W., Roanoke,
Virginia 24015
Mr. Gerald P. Bannon, 2027 Windsor Avenue, S. W., Roanoke, Virginia
24015
Ms. Cynthia Snavely, 2034 Maiden Lane, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Joseph Meador, 2028 Maiden Lane, S. W., Roanoke, Virginia
24015
Ms. Abrina Schnurman, 2022 Maiden Lane, S. W., Roanoke, Virginia
24015
Valley Properties, LLC, 3330 Hollins Road,N. E., Suite A, Roanoke,
Virginia 24012
Mr. and Mrs. Ronald Sharpley, 1618 Grandin Road, S. W., Roanoke,
Virginia 24015
Mr. Edward N. Thornhill, 1911 Belleville Road, S. W., Roanoke, Virginia
, 24015
Dr. R. Douglas Ross, 1602 Grandin Road, S. W., Roanoke, Virginia 24015
Grandin Properties, LC, P. O. Box 3220, Roanoke, Virginia 24015
5MB Properties, LLC, 1514 Grandin Road, S. W., Roanoke, Virginia 24015
Edmond Dickson Watts, Trustee, P. O. Box 116, Daleville, Virginia 24083
Raleigh Court Methodist Church, 1706 Grandin Road, S. W., Roanoke,
Virginia 24015 '
Chad Van Hyning, Greater Raleigh Court Civic League, 2101 Carter
Road, S. W., Roanoke, Virginia 24015
Susan Koch, President, Greater Raleigh Court Civic League, 2102 Maiden
Lane S. W., Roanoke, Virginia 24015
Susan Stump, Presid~nt, Grandin Village Business Association,
P. O. Box 4349, Roanoke, Virginia 24015
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
~~ ~\~
IN THE COUNcrL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38097-051908.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, by repealing Ordinance No. 28644-051887, to the extent that it placed
certain conditions on Official Tax No. 1440317, the Raleigh Court, Health and
Rehabilitation Center, located at 1527 Grandin Road, S.W., and placing new proffers on
the subject property; and dispensing with the second reading of this ordinance by title.
WHEREAS, Medical Facilities of America LI, Limited Partnership, represented
by Andrew C. Kelderhouse, agent, has filed an application to the Council of the City of
Roan~ke to repeal Ordinance No. 28644-051887, adopted May 18, 1987, to the extent
such ordinance placed certain conditions upon property bearing Official Tax No.
1440317, the Raleigh Court Health and Rehabilitation Center, located at 1527 Grandin
Road, S.W., and to place new conditions proffered by the applicant on the property
bearing Official Tax No. 1440317;
WHEREAS, the City PlaIming Commission, which after giving proper notice to
all concerned as required by ~36.2-540, Code ofthe City of Roanoke (1979), as amended,
and after conducting a pubfic 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 May 19, 2008, after due and timely notice thereof as required by ~36.2-540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
O-Medical Facilities-repeal & amend proffers,doc
1
and citizens were given an opportunity to be heard, both for and against the proposed
amendment; and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the repeal of
Ordinance No. 28644-051887, adopted May 18, 1987, to the extent such ordinance
placed certain conditions upon property bearing Official Tax No. 1440317, the Raleigh
Court Health and Rehabilitation Center, located at 1527 Grandin Road, S.W., and the
adoption of the proffers pertaining to the subject property as set forth herein, and for
those reasons, ~sof the opinion that the subject property should be rezoned as herein
provided.
THEREFORE, BE rT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 28644-051887, adopted by the City Council on May 18,
1987, to the extent that it placed certain conditions on Official Tax No. 1440317, the
Raleigh Court Health and Rehabilitation Center, located at 1527 Grandin Road S.W., is
hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated
December 5, 2005, as amended, be amended to reflect such action.
2. That proffers set forth in the Application for Amendment of Proffered
Conditions of Medical Facilities of America LI, Limited Partnership, Amended
Application No.2, dated April 22, 2008,-areJaccepted and placed on the property bearing
Official Tax No. 1440317, so that such property will be zoned RMF, Residential
Multifamily, with conditions proffered by the applicant, and that 936.2-100, Code of the
O-Medical Facilities-repeal & amend proffers.doc
2
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 such action.
3. Pursuant to the provisions of S 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
O-Medical Facilities-repeal & amend proffers.doc
3
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
May 19, 2008
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Beverly 1. 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 Medical Facilities of America L1, Limited
Partnership, represented by Andrew C. Kelderhouse, to
repeal the proffers contained in Ordinance No. 28644, dated
May 18, 1987, pertaining to property located at 1527
Grandin Road, S.W., Official Tax No. 1440317, the Raleigh
Court Health and Rehabilitation Center, and replace them
with a proffer that the property will be developed in
substantial conformity with a new development plan which
shows an addition of a 3,000 square foot physical therapy
unit, an additional 11 parking spaces, no lighting in the new
parking area, and a new subsurface storm water manage-
ment structure.~'.
Planning Commission Recommendation
The Planning Commission held a public hearing on Thursday, April 17, 2008. By
a vote of 5-0 (Mr. Rife abstaining and Mrs. Penn absent), the Commission
recommended approval of the application. The Commission finds the application
to amend the proffers associated with Raleigh Court Health Care Center to be
consistent with the City's Zoning Ordinance, Comprehensive Plan and the
Greater Raleigh Court Neighborhood Plan. Replacing the existing proffered
conditions with the proffered development plan will allow the site to be fully
developed and provide needed space for services required by the facility's
occupants.
Respectfully submitted,
7~.~
Henry Scholz, Chairman
Roanoke City Planning Commission
Members of City Council
Page 2
May 19, 2008
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
Steven J. Talevi, Assistant City Attorney
Applicant
Members of City Council
Page 3
May 19, 2008
Application Information
Request: Amendment of Proffered Conditions (Ordinance No.
28644-051887)
Owner/Applicant: Medical Facilities of America L1, Limited Partnership
Representative: Andrew C. Kelderhouse
City Staff Person: Maribeth B. Mills
Site Address/Location: 1527 Grandin Road SW
Official Tax Nos.: 1440317
Site Area: 2.51 Acres
Existing Zoning: RMF, Residential Multifamily with Proffered Conditions
Proposed Zoning: RMF, Residential Multifamily with Proffered Conditions
Existing Land Use: Group Care Facility, Nursing Home
Proposed Land Use: Group Care Facility, Nursing Home
Neighborhood Plan: Greater Raleigh Court Neighborhood Plan
Specified Future Land Residential Multifamily
Use:
Filing Date: Original Application: March 5, 2008; Amended Application
No.1: March 21, 2008; Amended Application NO.2: April
22,2008
Background
In May of 1987, City Council adopted Ordinance No. 28644-051887 rezoning the
subject property from RD, Duplex Residential District, to C-1, Office and
Institutional District with proffered conditions, for the construction of a 120-bed
nursing home. The zoning was changed to RMF, Residential Multifamily District,
with conditions, in December 2005, as part of the comprehensive rezoning.
The applicant is requesting to amend the proffered conditions associated with the
property to allow the construction of a 3,000 square foot physical therapy unit
and an additional eleven parking spaces. . The 3,000 square foot addition will be
one story in height and tucked into the interior courtyard at the rear of the existing
building. The applicant's narrative states that most patients come to the facility
for a period of 30 to 60 days for intensive rehabilitation therapy. The physical
therapy unit will allow more patients to receive daily therapy in an environment
conducive to their rehabilitation.
The addition of the eleven parking spaces will accommodate shift changes and
heavy visitation hours that often conflict with neighboring activities such as
Sunday church services. The proposed parking lot will be located where a
stormwater detention basin currently exists at the rear of the building.
Stormwater will be accommodated by a subsurface basin with parking above,
bringing the site up to current stormwater management standards.
Members of City Council
Page 4
May 19, 2008
Conditions Proffered by the Applicant
The applicant requests that the following Proffered Conditions, enacted by
Ordinance No. 28644-051887, be repealed as it pertains to Official Tax No.
1440317.
1. The tract as rezoned will be used only for the purpose of a parking lot in
conjunction with a nursing home facility not to exceed 120 beds and a total
square footage of the nursing home will not exceed 41,043 square feet in
the future.
2. The said tract for rezoning will be subject to the granting of a Special
Exception Permit by the Board of Zoning Appeals (BZA) for a nursing
home facility. Should a Special Exception not be granted by the BZA, or
the construction of the facility not commenced on or before June 1, 1989
the rezoning designation of the said tract will return to that of RD,
Residential Duplex District, without further action of the City Council.
3. Any existing alley right-of-ways adjacent to said tract will not be used for
the purpose of ingress or egress.
The applicant requests that the following proffered condition be substituted and
adopted in place of the proffered conditions set forth above as it pertains to
Official Tax No. 1440317.
1. The property will be developed in substantial conformity with the
Development Plan prepared by Rife and Wood Architects, dated March 6,
2008, a copy of which is attached to this application for Amendment of
Proffered Conditions, subject to any changes required by the city as part
of its Comprehensive Development Plan review.
2. No lighting shall be added to the area designated as 'New Employee
Parking Spaces' on the Development Plan prepared by Rife and Wood
Architects, dated March 21,2008.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North RMF, Residential Multifamily Multifamily residential.
South CN, Commercial- Neighborhood Medical clinic.
East CN, Commercial- Neighborhood Motor vehicle repair and
service establishment,
medical clinics and
Multifamily residential.
West RM-1, Residential Mixed Density and R-7, . Single-family residential.
Residential Single-Family
Members of City Council
Page 5
May 19, 2008
Compliance with the Zoninq Ordinance:
The proffered conditions enacted by Ordinance No. 28644-051887 apply only to
a small portion of the property. However, their effect extends to the full extent of
the property by reference to a maximum number of beds, building size, land use,
and use of the alley. These proffers have become somewhat irrelevant due to a
different base zoning designation and supplementary regulations applying to
nursing homes.
First, under the requirements of Section 36.2-412 of the Zoning Ordinance, 500
square feet of facility is required per occupant. If the facility were constructed
today, with the addition, only 88 occupants would be permitted. With 120
occupants, they are legally nonconforming and could not increase the number of
occupants.
Second, a nursing home is one of the most intense uses permitted in the RMF
District. Under its previous C-1 designation, more intensive uses such as
medical clinics, professional offices, and so forth, were permitted, making this
proffer necessary. The only other uses permitted by-right in the RMF District are
multifamily residential, townhomes, and a congregate home for the elderly. All
other uses would require a special exception from the Board of Zoning Appeals.
Finally, alley access and buffer issues would be controlled by the proposed
development plan. No alley access is shown on the proffered development plan.
Section 36.2-412 of the Zoning Ordinance also requires a Type A Buffer Yard for
on-site parking and exterior activity areas. An 8-foot high privacy fence is
currently located on the perimeter of the parking area and will be extended to
surround the proposed parking lot. This buffer screen physically blocks the
property from the alley.
Staff supports replacement of all current proffers with a proffered development
plan as it provides clear limitations on the physical development of the property.
A 19-space parking lot is being proposed for the rear of the existing building,
providing a net increase of eleven on-site spaces (eight spaces would be
removed to accommodate the 3,000 square foot addition and driveway). There
is no maximum parking requirement for nursing homes.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The Comprehensive Plan and the Greater Raleigh Court Neighborhood Plan
emphasize the importance of a high quality of life by improving citizen's physical
and social environments. One way to accomplish this goal is through life-cycle
housing. This means that a person can find suitable housing for all stages of
their life within the same neighborhood. A nursing home is an important part of
this equation.
Members of City Council
Page 6
May 19, 2008
Furthermore, the Raleigh Court Neighborhood Plan calls for the development of
each parcel to its maximum potential. Allowing the facility to expand will provide
space for needed services and therefore better utilize the site. Additional on-site
parking is typically discouraged as it is often underused. However, the proposed
number of spaces (79) would not exceed the maximum number of parking
spaces allowed (82), if that requirement was applicable to nursing homes.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
. PE PB. Health care programs. Roanoke will support health care programs
that encourage healthier living to improve community health.
. PE P9. Health and human service agencies. Roanoke will support a range of
health and human services to meet the needs of Roanoke's citizens.
The following policies of the Greater Raleigh Court Neighborhood Plan are
relevant in the consideration of this application:
. Community Design Policies:
o Off-street parking spaces and impervious surfaces in commercial
areas should be minimized.
o Existing village centers should remain compact in terns of land area.
Existing areas should become more intensely developed and denser
before geographic expansion is considered.
Conformity with Vision 2001-2020's Design Principles:
Design Principles: Application's Conformity:
Parking should be located on the street Proposed parking lot will be located to
or to the rear or side of principal the rear of the existing building and will
buildings. not be visible from the street.
Outside Aqencv Comments:
None.
Public Comments:
Three members of the public commented on the application at the Planning
Commission's hearing on April 17, 2008. Their comments were as follows:
. Mr. Mike Kennedy (2019 Windsor Avenue) was concerned that increasing
the size of the nursing home would increase noise levels. Mr. Kennedy
stated that a variety of noises come from the facility at all hours of the day
including early morning trash collection, employee smoke breaks,
landscaping equipment and shift changes. He also stated that much of
the residential on-street parking is occupied by employees and visitors.
The Planning Commission and staff responded that proffers addressing
Members of City Council
Page 7
May 19, 2008
operational issues such as occasional noise, such as trash collection
times, were unenforceable because they are not related to the physical
development of the property. The Commission also stated that proffers
needed to directly correlate to the proposed additions which would not
generate additional trash, employees or visitors. The applicant added that
the additional parking spaces would help alleviate the need for employees
and visitors to park on the street.
. Abrina Schnurman (2022 Maiden Lane) stated that the proposal would
increase the nursing home's presence in her back yard. She requested
that tall vegetation, such as evergreen trees, be installed along the fence
line to help reduce noise levels and visibility. The applicant responded
that there was not sufficient space between the parking area and the
existing fence to install evergreen trees due to nursing home licensure
requirements that a parking area must be set back from a resident's
window. Staff added that if the fence was relocated it would have to be re-
erected under the new zoning regulations which would significantly reduce
the height of the fence. The applicant also stated that rooftop mechanical
equipment would be shielded but may still be visible from second story
windows.
. Barbara Duerk (2607 Rosalind Avenue) recommended that bike racks be
installed at the healthcare center. She also commented on the need for
green space on the property as well as an increase in the number of
elevators within the building.
Planninq Commission Public Hearinq:
In addition to the discussion spurred by public comment, the Planning
Commission expressed concern about increased exterior lighting. In response,
the applicant proffered that no lighting would be added to the new employee
parking lot.
Department of Planning, Building and Development
Room 166, Noel C.Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011 l~l(;~G.(iqK~e~~tqPfinli}in
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: IAPril 22, 2008 Submittal Number: IAmended Application No.2
D Rezoning, Not Otherwise Listed
D Rezoning, Conditional
D Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
tt."-BI!iftlliill._
~ Amendment of Proffered Conditions
D Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
Address: 1527 Grandin Road, SW, Roanoke, Virginia 24015
Official Tax No(s).: 11440317
Existing Base Zoning: RMF, Residential Multifamily
(If multiple zones, please manually enter all districts.)
Ordinance No(s). for Existing Conditions (If applicable): lordinance #28644 - 051887
Requested Zoning: INot Applicable I Proposed Land Use: Same as existing - Nursing Home Facility'
~ With Conditions
D Without Conditions
Name:
Medical Facilities of America L1, Limited Partnership
+ 1 (540) 989-3618 I
I
Phone Number:
Address: 2917 Penn Forest Boulevard, Suite 200, Roanoke, Virginia 24018
~ H.~ Vl("~ jJ/OIJ,'/t:~"I pF- h~t:c..
Property Owner's Sig ture:
E-Mail: I
Name:
I Phone Number:
I E-Mail: I
I
I
Address:
Applicant's Signature:
Name: IAndrew C. Kelderhouse
I Phone Number: I + 1 (540) 774-4415 1
E-Mail: landyke@fwinc.com I
Address: 2917 Penn Forest Boulevard, Suite 100, Roanoke, Virginia 24018
Authorized'
REASON FOR REQUEST
Fralin & Waldron, Inc. (General Contractor) on behalf of Medical Facilities LI, Limited
Partnership (Owner), respectfully request consideration of Amendments to be made to the
existing conditions of Ordinance No. 28644-051887, for the Raleigh Court Health &
Rehabilitation Center located at 1527 Grandin Road, SW, Roanoke, Virginia 24015.
As more and more patients at the Raleigh Court Health & Rehabilitation Center require more
intense therapy (30-60 day periods) to rehabilitate from broken hips, knee replacements, etc., it
has become apparent that the existing building's Physical Therapy facilities are no longer
adequate. The Owners would like to add a Physical Therapy unit containing approximately
3,000 square feet to better serve their patient base. The proposed expansion would be wholly
devoted to a rehabilitation gymnasium, which will permit more space to accommodate the
growing number of patients receiving therapy on any given day. It will also permit the addition
of equipment to better serve the needs of our patients. As a result of this expansion, there will
not be an increase of in patients over the current 120-beds, and there should be little or no change
in appearance of the facility from Grandin Road and Windsor A venue.
The existing proffers and conditions to the zoning pertain to building size, number of licensed
beds, use of alleys and the granting of the special exception. Much of this no longer applies or
can be substituted with a site development plan. Our request is that the existing proffers be
eliminated and the zoning be conditional only on the development of the facility to be in
substantial compliance with the site development plan dated March 21,2008.
The Site Plan will show the location of the addition, which will be tucked into the interior
courtyard, not readily visible from adjacent streets, as well as proposal for new parking. While
the facility meets the zoning ordinance's on-site parking requirement, the on-site parking is often
not adequate at shift changes. On street parking is a great benefit and under most circumstances
adequately fulfills the onsite shortfall. There are periods when both onsite and street parking are
inadequate or at best very inconvenient for our staff, visitors and medical personnel. These
periods are typically during shift changes and high periods of visitation along with neighboring
activities (Sunday Church services). The shortfall is exasperated due in part to our comer lot
location and the proximity to other high parking demand facilities (church). The Owner's
propose a rework of the current storm water detention basin behind the building, into an
underground basing with parking over it. The net change in parking is the addition of 11 spaces.
The site's stormwater management system will be brought up to current standards, including pre-
treatment. It is anticipated that the existing rip-rap "emergency" spillway will remain at its
current location and size without modification.
Raleigh Court Health & Rehabilitation Center continues to offer quality long-term care services
to the Greater Raleigh Court Community. We are also meeting a growing need for community
members who need post acute transitional medical care. These post acute patients enter our
center for a short (24 days on average) inpatient stay before being discharged back to their homes
in the community. Currently 32% of our patients fit this description. I expect the demand for
these services to grow as the demographics of the Raleigh Court area continue to evolve and
members of the community become more aware of our philosophy of care and services.
We have been proud to serve the needs of the Raleigh Court Community since 1988 and request
that by clearing the way for this expansion we will be permitted to further invest in our
community and continue to meet the changing needs of our neighbors.
City of Roanoke - GIS
Page I of I
Print Report I Full Detail Report I Close Window
Property Information Card for: MEDICAL FACILITIES OF AMERICA
1527 GRANDIN RD SW
ROANOKE VA 24015
PARCEL INFORMATION
Tax Number 1440317
Property Address 1527 GRANDIN RD SW
Legal Description ACREAGE (2.51AC) SPANGLER-GRANDIN
Deed Reference 0157001766
Deed Reference 2 N/A
Prevo Sale Date N/A
Prevo Sale Price N/A
457 Feet
250 Feet
109,345
N/A
$784,400.00
$4,701,000.00
$5,485,400.00
Sale Date
Sale Price
Owner
Address
10/02/1987
$0.00
MEDICAL FACILITIES OF AMERICA
1527 GRANDIN RD SW
ROANOKE VA 24015
Property Acres
Overlav Zoning
Property Frontage
Property Avg. Depth
Property Area
Basement Area
Land Assessment
Improvements
Tota!
2.5101
N/A
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description."
Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be
reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any
damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary
loss that might arise from the use of this map or the information it contains.
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Michael F. & Jenna A. Kennedy
2019 Windsor Avenue, S W
Roanoke, Virginia 24015
Robert F. & Alma O. Dugan
2023 Windsor Avenue, SW
Roanoke, Virginia 24015
Gerald P. Bannon
2027 Windsor Avenue, SW
Roanoke, Virginia 24015
Ad ioiniU!! Property Owners
Tax Map No. 1440306
Tax Map No. 1440305
Tax Map No. 1440304
John D. Kramer & Pamela Joan Podger
2038 Maiden Lane, SW
Roanoke, Virginia 24015
Cynthia Snavely
2034 Maiden Lane, SW
Roanoke, Virginia 24015
Joseph H. & Darlene L. Meador
2028 Maiden Lane, SW
Roanoke, Virginia 24015
Abrina Schnurman
2022 Maiden Lane, SW
Roanoke, Virginia 24015
Valley Properties, LLC
3330 Hollins Road, NE, Suite A
Roanoke, Virginia 24012
Ronald S. & Teresa K. Sharpley
1618 Grandin Road, S W
Roanoke, Virginia 24015
Edward N. Thornhill
1911 Belleville Road, SW
Roanoke, Virginia 24015
R. Douglas Ross
1602 Grandin Road, S W
Roanoke, Virginia 24015
Tax Map No. 1440312
Tax Map No. 1440313
Tax Map No. 1440314
Tax Map No. 1440315
Tax Map No. 1440316
Tax Map No. 1331605
Tax Map No. 1331604
Tax Map No. 1331603
Tax Map No. 1331602
Tax Map No. 1331601
Grandin Properties LC
1502 Grandin Road, SW
Roanoke, Virginia 24015
Tax Map No. 1331201
5MB Properties LLC
1514 Grandin Road, S W
Roanoke, Virginia 24015
Tax Map No. 1331204
,
Roanoke County Faim Bureau Incorporated
1422 Grandin Road, SW
Roanoke, Virginia' 24015
Tax Map No. 1330806
Hayako O. Cook'
P. O. Box 21096
Roanoke, Virginia 24015
Tax Map No. 1432225
Edmond Dickson Watts, Trustee
P. O. Box 116
Daleville, Virginia 24083-0116
Tax Map No. 1440606
Raleigh Court Methodist Church
1706 Grandin Road, SW
Roanoke, Virginia 24015
Tax Map No. 1440701
Attachment to Application for
AMENDMENT OF PROFFERED CONDITIONS
The applicant, Medical Facilities of America LI, Limited Partnership, hereby request that the
following Proffered Conditions enacted by Ordinance No. 28644-051887, set forth below, be
repealed as it pertains to Official Tax No. 1440317.
1. The tract as rezoned will be used only for the purpose of a parking lot in conjunction
with a nursing home facility not to exceed 120 beds and a total square footage of the
nursing home will not exceed 41, 043 square feet in the future.
2. The said tract for rezoning will be subject to the granting of a Special Exception
Permit by the Board of Zoning Appeals (BZA) for a nursing home facility. Should a
Special Exception not be granted by the BZA, or the construction of the facility not
commenced on or before June 1, 1989 the rezoning designation of the said tract will
return to that of RD, Residential Duplex District, without further action of the City
Council.
3. Any existing alley right-of-ways adjacent to said tract will not be used for the
purpose of ingress or egress.
The applicant, Medical Facilities of America LI, Limited Partnership, hereby requests that the
following proffered condition to be substituted and adopted in place of the proffered conditions
set forth above as it pertains to Official Tax No. 1440317.
1. The property will be developed in substantial conformity with the Development Plan
prepared by Rife and Wood Architects, dated march 21, 2008, a copy of which is
attached to this application for Amendment of Proffered Conditions, subject to any
changes required by the city as part of its Comprehensive Development Plan review.
2. No lighting shall be added to the area designated as 'New Employee Parking Spaces'
on the Development Plan prepared by Rife and Wood Architects, dated March 21,
2008.
PROFFERS TO BE ADOPTED
· Please see attached Site Development Plan.
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RALEIGH C.OURT. SITE DEVELOPMENT PLAN ....
HEAL TH C.ARE C.ENTER f'
I'H!'BIGAL ~....... ...,."".,..
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III 'I'D ComrcIL OP 'l'BB. CI'l'Y OP ROAJfOU. vmOINU
IN HE:
Rezoning ot a tract of land lYin&,bj'~~irt~~1d~ Lane )
and Windsor Avenue on the West Side', ol'-Orana1n' Road, )
from.RD, Residential Duplex District, to C-l Office )
an4!nstitutional District. The ~~b~~;t~et Is a )
apt of an assemblage of lots cnrrently zoned C-l. )
Thi will constitute a conditional rezoning SUbject to )
Fralin and Waldron, Inc. and/or Medical Facilities of )
America LI, a Limited Partnership, obtaining a special )
exception by the Board of Zoning Appeals. )
TO THE HONORABLE MAYOR AND MEMBERS OlP THE COUNCIL 01' THE CITY OF ROANOKE:
SECON
AMEND
PETIT
TO
REZOJ
1. The petitioners, Fralin and Waldron, Inc. for Medical Facilities
LI, have a bonafide contract to p~rchase a certain tract of land located
in the City of Roanoke, Virg1nia containing apprOximately 3/10 of
I acre, located between Maiden Lane and Windsor Avenue on the West
Side of Grandin Road, and designated on Roanoke City Appraisal Maps
as a portion of Official Tax Number 1440321 beginning at a point at
the HE corner of lot 1440306 thence 128' North, then 115' West, thence
115' south, thence 100' east to the point of beginning. The said
tract is currently zoned RD, Residential Duplex District, a map of
which is hereby attached as Exhibit A.
2. Pursuant to Article VIII of Chapter 36, Code of the City of
Roanoke (1979), as amended, the petitioners request that the said
property be rezoned from RD, Residential Duplex District to C-I, Office
and Institutional District, subject to certain conditions set forth
below for the purpose of constructing and operating a nursing home
facility.
3. The petitioners believe that the rezoning of the said tract
of land will further the intent and purposes of the City's Zoning
Ordinance and its' Comprehensive Plan 1n that it will promote the
health, safety, comfort, prosperity, and general welfare of the pUblic
and will protect and enhance the scale, character, and stability of
existing neighborhoods as well as facilitate the creation of a convenient,
harmonious and attractive community in the City of Roanoke. ~hls
faCility will also satisfy the need identIfied by the Roanoke Vls1cn
Process for "neighborhood multi purpOse human service centers" to
prOVide, among ,other things, elderly care and other services to ~he
needs of a specific area, making them an integral part of each conmUnity.
4. The petitioners hereby prOffer and agree that if the said tract
is zoned as requested, that the zoning will be subject to, and that
the petitioners will abide by, the follOWing conditions:
a. The tract as rezoned will be used only for the purpose of
a parking lot in conjunction with a nursing home facility not to exceed
120 beds and a total square footage of the nurSing home will not exceed
41,043 square feet in t~e :uture.
b. The said tract fo~ rezoning will be SUbject to the granting
of a Special Exception Permit by the Board of Zoning Appeals (BZA)
for a nursing home facility. Should a Speoia1 Exoeption not be granted
by the BZA, or the construction of the facility not commenced on or
, before Juns 1, 1989 the ~9ning designation ot the said tract will
return to that ot RD. Residential Duplex District, without ~urther
action of the City Council.
c. Any eZist1ng alley right-of-ways adjacent to said tract will not
be used tor tne purpose of ingress or egress.
5. Attached as Exhibit B are the names and address of the owner
or owners of all lots or property immediately adjacent to or immediately
across a street or road from the property to be rezoned.
WHEREFORE, the petitioners request that the above-described tract
be rezoned as requested in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
RespectfUlly Submitted,
FRALIN AND WALDRO~~~
~~/././4 .
Date ~~4? ~
Richard S. Whitney, Jr.
Senior Vice President
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IN THE COUNciL OF 1'IDl CI'l'y OF ~OICE. VIIlGINIA,
.
The 18th day of May, 19B7.
No. 28644.
AN ORDINANcE to amend 5'38-3 .nd 38-4, Code at the City at Ro.noke
(1919), .1 .mended, .nd Sheet No, 144. Seot/Onll 1916 Zone MOp. City
at Ro.noke. to rezone oert.In property Within the City, .ubjeot to
oert.ln oondltlonl Prott~red by the .PPllo.nt.
and
DUPlex Re.ldent/.I OI.lrlot. to 0-1. Ottloe .nd In.tItotion.1
DistrIct, .ubjeot to Cert.In OondItIone prottered by the apPlic.nt;
WHERRAS. .PPlloet/on h.s been mode to the Counoll oC thl City at
ROenake to hsve the hereinett.r deloribed property resoned tram RO,
l"ezonfng; and
~, this COuncil. sCter oonsldering the .Cor...id .PplIc.-
tion. the r.OOQl.nd. t Ion lDade to the Counoll by the PI.nhing CO....I._
.Ioh. the CitY'e ~reh.n.l~ Plan, and lhe matt.r. pr..ent.d .t
WRRREAs. the City Pl.nnlng COmmi.llon. WhIoh .Cter gIVIng ProP.r
notice to .11 coocern.d .e reqUlr.d by 538-541. Cod. oC tbe City at
Roenoke (1979). a. emend.d aod ett.r COnduotlng a pObllc hearing on
the mett.r. h.e lDade Ite r.co.....nd.tion to COunOII; and
~s. · pUblic hearlog wa. held On s.id apPllo.tion by the City
COUho11 .t Its meetIng On May 11. 1991, attsr due and llm.ly notlo.
tbereot .s r.qu/r.d by 536-541. Cod. at tbe City at Ro.hoke (1979). ..
amended, .t Which ha.rlng .11 P.rtie. In intereet and Cltlzene Were
glveh .n opportunity to be b.ard. both tor and ag.In.t lb. propOSed
t
,
~
the pUblio hearingl is of the opinion that the hereinafter described
property should be rezoned 8S herein provided.
THERE PORE , BE IT ORDAINED by the Council of the City of Roanoke
that 5536-3 and 36-4. Code of the City of aoanoke (It?9), 8S amended.
and Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no othe~:
Property desc~ibed as a certain traot of land looated in the
City containing approximately 3/10 of an acre, located between Maiden
Lane and Windsor Avenue, on the west side of Grandin Road. designated
on Sheet No. 144 of the Sectional 1976 Zone Map. City of Roanoke. as
a portion of Official Tax No. 1440321 beginning at a pOint at the NE
carner of Official Tax No. 1440306, thence 128' north. then 1151 west.
then 1151 south. thence 100' east to the point of beginning. be and
is hereby rezoned from RD, Duplex Residential District, to C~l, Office
and Institutional District, subject to those conditions proffered by
and set forth in the Petitioner's Second Amended Petition to ~zone,
filed with the City Clerk on April 1, 1987, and that Sheet No. 144 of
the Zone Map be ohanged in this respect.
ATTEST:
City Clerk.
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
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PUBLISHED ON: 05/02 05/09 .."~~.~.~:::........~~" I
$ ~ .0' ',Y\:JTARY "."7.: ~ I
: ,1 PUBLIC, ".~:'
=*: REG. #332964: - I
:: -: MY COMMISSION : * : I
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TOTAL COST: 462.00 '.. ~~. ....... ~~ ,'" I
FILED ON'. 05/09/08 "'.ti;~4LTHOt ....,... I
"~'!!l!l\lt"
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
MEDICAL FAC. OF AMERICA LI,
SUITE 200
2917 PENN FOREST BLVD
ROANOKE VA 24018
LT
REFERENCE:
80160755
10864969
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
lW~lday of May 2008. Witness my hand and
-------
official seal.
M~tlcfiJres _
NC?tlry ~~btic
.3 ,_2J.ll _'
,--r--;-
I NonCE OF PUBLIC
HEARING
I
, T~e eouncil of the Cittl?f
Roanoke will hold a pu 1~c
hearing on Monday, MaZr as
2008, at 7:00 p,m., the
thereafter as
~a~~r may be heardf~U~~~
coun~inl tChheaN'o~rc. Taylor
floor, I , g 215
'Municipal Bulldln , W
Church Avenue, .5. t'l
Roanoke, Vlrg.ln~a, 0,
consider the followmMg. d I c a I
Request from ~
Facl~ities of A;n~r;;~ IL~"
Limited Par ,n ndrew C.
\ represented ~~ ~epeal the
,Kelderhou:;~epted by the
~d~f~~~~ of Ordina~~ey ~~.
, 28644-051887 on '
,1987 pertaining to proped~Yn
, d at 1527 Gran I
,lRocadtes W Official Tax No.
oa, .., I 'gh Court
'I ~~~?t3; ~n~h~=;ae~i1itation,
-- --"'- ---------
\
Center, and replace them
with ,proffers that th,e
property will be developed 10'
substantial conformity with a
:Development Plan dated
March 21, 2008, prepared
'b y R I f e and Woo d ,
:Architects, which shows an
'addition of a 3,000 square
, foot physical therapy unit, an'
'additional 11 parking
Ispaces, and a new
subsurface storm w'ater
I management structure, and
, that there will be no lighting
ladded t,o the area
designated as "New
I Employee Parking Spaces"
on the above referenced
1 Development Plan.
A copy of the application is
I available for review In the
; Office of the City Clerk,
, Room 456, Noel C, Taylor
I Municipal Building, 215
Church,Avenue,S,W.,
Roanoke, Virginia. "
All parties in interest and
citizens may appear on t~e
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
29th day of April, 2008,
Stephanie M. Moon, CMC
City Clerk.
(10864969) ,
~~~~~~~~:~_\J~_________~_____________. Billing Services Representative
{.
s~ \ 0C6
~\{- ~\
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, May 19, 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, Virginia, to consider
the following:
Request from Medical Facilities of America LI, Limited Partnership,
represented by Andrew C. Kelderhouse, to repeal the proffers accepted by the
adoption of Ordinance No. 28644-051887 on May 18, 1987, pertaining to
property located at 1527 Grandin Road, S.W., Official Tax No. 1440317, the
Raleigh Court Health and Rehabilitation Center, and replace them with
proffers that the property will be developed in substantial conformity with a
Development Plan dated March 21, 2008, prepared by Rife and Wood,
Architects, which shows an addition of a 3,000 square foot physical therapy
unit, an additional 11 parking spaces, and a new subsurface storm water
management structure, and that there will be no lighting added to the area
designated as "New Employee Parking Spaces" on the above referenced
Development Plan.
A copy of the application 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 of the hearing listed
above.
GIVEN under my hand this 29thiay of April
,2008.
Stephanie M. Moon, CMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Friday, May 2, 2008 and May 9, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
N.- Medical Facilities-amend proffer 5-19-08.doc
Send bill to:
Medical Facilities of America LI, Limited
Partnership
2917 Penn Forest Boulevard, Suite 200
Roanoke, VA 24018
(540) 989-3618
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
Assistant City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 2, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Adjoining Property Owners
Roanoke, Virginia
Ladies and Gentlemen:
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, May 19, 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., City of Roanoke, on the request of the Medical Facilities
of America L1, Limited Partnership, to repeal the proffers contained in Ordinance
No. 28644-051887, dated May 18, 1987, pertaining to property located at
1527 Grandin Road, S. W., Raleigh Court Health and Rehabilitation Center, and to
replace them with a proffer that the property will be developed in substantial
conformity with a new development plan.
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.WL~
Stephanie M. Moon, CMC
City Clerk .
SMM:ew
Adjoining Property Owners
May 2, 2008
Page 2
pc: Mr. and Mrs. Michael Kennedy, 2019 Windsor Avenue, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Robert Dugan, 2023 Windsor Avenue, S. W., Roanoke, Virginia
24015
Mr. Gerald P. Bannon, 2027 Windsor Avenue, S. W., Roanoke, Virginia
24015
Ms. Cynthia Snavely, 2034 Maiden Lane, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Joseph Meador, 2028 Maiden Lane, S. W., Roanoke, Virginia
24015
Ms. Abrina Schnurman, 2022 Maiden Lane, S. W., Roanoke, Virginia 24015
Valley Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia
24012
Mr. and Mrs. Ronald Sharpley, 1618 Grandin Road, S. W., Roanoke, Virginia
24015
Mr. Edward N. Thornhill, 1911 Belleville Road, S. W., Roanoke, Virginia
24015
Dr. R. Douglas Ross, 1602 Grandin Road, S. W., Roanoke, Virginia 24015
Grandin Properties, LC, P. O. Box 3220, Roanoke, Virginia 24015
5MB Properties, LLC, 1514 Grandin Road, S. W., Roanoke, Virginia 24015
Edmond Dickson Watts, Trustee, P. O. Box 116, Daleville, Virginia 24083
Raleigh Court Methodist Church, 1706 Grandin Road, S. W., Roanoke,
Virginia 24015
Chad Van Hyning, Greater Raleigh Court Civic League, 2101 Carter
Road, S. W., Roanoke, Virginia 24015
Susan Stump, President, Grandin Village Business Association, P. O.
Box 4349, Roanoke, Virginia 24015
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
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
Assistant City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 2, 2008
CECELIA R. TYREE,
Assistant Depnty City Clerk
Medical Facilities of America LI
Limited Partnership
2917 Penn Forest Boulevard, Suite 200
Roanoke, Virginia 24018
Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of'Roanoke on Monday, April 6, 1981, J have advertised a public hearing for
Monday, May 19, 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 Medical Facilities of America L/,
Limited Partnership, to repeal the proffers contained in Ordinance No. 28644-
051887, dated May 18, 1987, pertaining to property located at 1527 Grandin
Road, S. W., Raleigh Court Health and Rehabilitation Center, and to replace them
with a proffer that the property will be developed in substantial conformity with a
new development plan.
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questio.ns,' you may contact Steven J. Talevi,
Assistant City Attorney, at 540-853-2431.
It will be necessary for you, or your representative, to be present at the
May 19 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
/~
7YI
AFFIDAVIT P~RTAINING TO THE REZONING REQUEST OF:
Medical Facilities of America, Tax No. 1440317
1527 Grandin Road, SW
) AFFIDAVIT
)
)
) TO-WIT:
)
COMMONWEALTH OF VIRGINIA
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 March, 2008, notices of a public hearing
to be held on the 1 ih day of April, 2008, on the request captioned above to the
owner or agent of the parcels as set out below:
Tax No.
1440306
1440305
1440304
1440313
1440314
1440315
1440316
1331605
1~~1nnA.
Name
Mailinq Address
Michael and Jenna Kennedy
2019 Windsor Avenue, SW
Roanoke, VA 24015
Robert and Alma Dugan
2023 Windsor Avenue, SW
Roanoke, VA 24015
Gerald P. Bannon
2027 Windsor Avenue, SW
Roanoke, VA 24015
Cynthia Snavely
2034 Maiden Lane, SW
Roanoke, VA 24015
Joseph and Darlene Meador
2028 Maiden Lane, SW
Roanoke, VA 24015
Abrina Schnurman
2022 Maiden Lane, SW
Roanoke, VA 24015
Valley Properties, LLC
3330 Hollins Road, Suite A
Roanoke, VA 24012
Ronald and Teresa Sharpley
1618 Grandin Road, SW
Roanoke,VA 24015
I=rl\M~rrl N Thnrnhill
1 a 11 Rollo\lillo O,..."n C-\^'
--'
1331204
8MB Properties, LLC
1514 Grandin Road, SW
Roanoke, VA 24015
1440606
Edmond Dickson Watts, Trustee POBox 116
Daleville, VA 24083
1440701
Raleigh Court Methodist Church 1706 Grandin Road
Roanoke, VA 24015
Also mailed to: Chad Van Hyning, GRCCL and Susan Stump, Grandin Village
Business Association
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 25th day of March, 2008.
~aLl 'R ~
Notary Public
,)
My Commission Expires:
1//31/08
, .
CANDACE A. MARTIN
NOTARY PUBUC
Commonwealth of Virginia
Reg. #282076 1/-'2 A,jt'o
My Commission Expires I :JU vO
'.
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, April 17, 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 Medical Facilities of America L1, Limited Partnership,
represented by Andrew C. Kelderhouse, to repeal the proffers contained in
Ordinance No. 28644, dated May 18, 1987, pertaining to property located
at 1527 Grandin Road, S.W., Official Tax No. 1440317, the Raleigh Court
Health and Rehabilitation Center, and replace them with a proffer that the
property will be developed in substantial conformity with a new
development plan which shows an addition of a 3,000 square foot physical
therapy unit, an additional 11 parking spaces and a new subsuriace
stormwater management structure.
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
c.
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, April 1 and 8, 2008
Please bill:
Medical Facilities of America L1, Limited Partnership
2917 Penn Forest Boulevard, Suite 200
Roanoke, VA 24018
(540) 989-3618
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
M~ranklin, Secretary, City Planning Commission
FROM:
DATE:
April 23, 2008
SUBJECT: Amended Application No. 2- Medical Facilities of America
Attached please find Amended Application NO.2 filed on April 22, 2008. The
amended application reflects the additional proffer relative to lighting that was
made at the Commission's meeting on 4/17/08.
Please contact Maribeth at 1502 if questions. Thank you.
If ~
attach nt
cc: tephanle Moon, 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, SW.
Roanoke, Virginia 24011 1',:.> ~[iC~(,H.~r~.tg.priri!..,<1
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: !APril 22, 2008 Submittal Number: lAm ended Application No.2
o Rezoning, Not Otherwise Listed
o Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
[8] Amendment of Proffered Conditions
D Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
Address: 1527 Grandin Road, SW, Roanoke, Virginia 24015
Official Tax No(s).: 11440317
Existing Base Zoning:
RMF, Residential Multifamily
(If multiple zones, please manually enter all districts.)
Ordinance No(s). for Existing Conditions (If applicable): lordinance #28644 - 051887
Requested Zoning: INot Applicable I Proposed Land Use: Same as existing - Nursing Home Facility
[8] With Conditions
o Without Conditions
. I
Name:
+1 (540) 989-3618 I
I
Phone Number:
Address:
E-Mail: I
I Phone Number:
I E-Mail: I
I
I
Name:
Address:
Applicant's Signature:
Name: IAndrew C. Kelderhouse
I Phone Number: I + 1 (540) 774-4415 I
E-Mail: landyke@fwinc.com I
Address: 2917 Penn Forest Boulevard, Suite 100, Roanoke, Virginia 24018
.f
15< Completed application form and checklist.
IX Written narrative explaining the reason for the request.
IX 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' ifproffered.
r Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures.
r: Comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance.
ri 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.
IX Written proffers to be repealed.
IX: Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list.
IX' 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 8-2(e) of the City's Zoning Ordinance.
r' Cover sheet.
r Traffic impact analysis.
r Concept plan.
e Proffered conditions, if applicable.
r 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 StreeUAlley 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 staff.
.
REASON FOR REQUEST
Fralin & Waldron, Inc. (General Contractor) on behalf of Medical Facilities LI, Limited
Partnership (Owner), respectfully request consideration of Amendments to be made to the
existing conditions of Ordinance No. 28644-051887, for the Raleigh Court Health &
Rehabilitation Center located at 1527 Grandin Road, SW, Roanoke, Virginia 24015.
As more and more patients at the Raleigh Court Health & Rehabilitation Center require more
intense therapy (30-60 day periods) to rehabilitate from broken hips, knee replacements, etc., it
has become apparent that the existing building's Physical Therapy facilities are no longer
adequate. The Owners would like to add a Physical Therapy unit containing approximately
3,000 square feet to better serve their patient base. The proposed expansion would be wholly
devoted to a rehabilitation gymnasium, which will permit more space to accommodate the
growing number of patients receiving therapy on any given day. It will also permit the addition
of equipment to better serve the needs of our patients. As a result of this expansion, there will
not be an increase of in patients over the current 120-beds, and there should be little or no change
in appearance of the facility from Grandin Road and Windsor A venue.
The existing proffers and conditions to the zoning pertain to building size, number of licensed
beds, use of alleys and the granting of the special exception. Much of this no longer applies or
can be substituted with a site development plan. Our request is that the existing proffers be
eliminated and the zoning be conditional only on the development of the facility to be in
substantial compliance with the site development plan dated March 21, 2008.
The Site Plan will show the location of the addition, which will be tucked into the interior
courtyard, not readily visible from adjacent streets, as well as proposal for new parking. While
the facility meets the zoning ordinance's on-site parking requirement, the on-site parking is often
not adequate at shift changes. On street parking is a great benefit and under most circumstances
adequately fulfills the onsite shortfall. There are periods when both onsite and street parking are
inadequate or at best very inconvenient for our staff, visitors and medical personnel. These
periods are typically during shift changes and high periods of visitation along with neighboring
activities (Sunday Church services). The shortfall is exasperated due in part to our comer lot
location and the proximity to other high parking demand facilities (church). The Owner's
propose a rework of the current storm water detention basin behind the building, into an
underground basing with parking over it. The net change in parking is the addition of 11 spaces.
The site's stormwater management system will be brought up to current standards, including pre-
treatment. It is anticipated that the existing rip-rap "emergency" spillway will remain at its
current location and size without modification.
Raleigh Court Health & Rehabilitation Center continues to offer quality long-term care services
to the Greater Raleigh Court Community. Weare also meeting a growing need for community
members who need post acute transitional medical care. These post acute patients enter our
center for a short (24 days on average) inpatient stay before being discharged back to their homes
in the community. Currently 32% of our patients fit this description. I expect the demand for
-.
these services to grow as the demographics of the Raleigh Court area continue to evolve and
members of the community become more aware of our philosophy of care and services.
We have been proud to serve the needs of the Raleigh Court Community since 1988 and request
that by clearing the way for this expansion we will be permitted to further invest in our
community and continue to meet the changing needs of our neighbors.
City of Roanoke - GIS
Page 1 of 1
Print Report I Full Detail Report I Close Window
Property Information Card for: MEDICAL FACILITIES OF AMERICA
1527 GRANDIN RD SW
ROANOKE VA 24015
PARCEL INFORMATION
Tax Number 144031i
Property Address 1527 GRANDIN RD SW
Legal Description ACREAGE (2.51AC) SPANGLER-GRANDIN
Deed Reference 0157001766
Deed Reference 2 N/A
Prevo Sale Dale N/A
Prevo Sale Price N/A
Sale Dale
Sale Price
Owner
Address
10/02/1987
$0.00
MEDICAL FACILITIES OF AMERICt-.
1527 GRANDIN RD SW
ROANOKE VA 24015
Property Acres 2.5101
Overlay Zoning N/A
Property Frontage 457 Feet
Property Avg. Depth 250 Feet
Property Area 109,345
Basement Area NJA
Land Assessment $784,400.00
Improvements $4,701,000.00
Tota! $5,485,400.00
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description."
Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be
reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any
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Ad ioinine: Property Owners
Michael F. & Jenna A. Kennedy
2019 Windsor Avenue, SW
Roanoke, Virginia 24015
Tax Map No. 1440306
Robert F. & Alma O. Dugan
2023 Windsor Avenue, SW
Roanoke, Virginia 24015
Tax Map No. 1440305
Gerald P. Bannon
2027 Windsor Avenue, SW
Roanoke, Virginia 24015
Tax Map No. 1440304
John D. Kramer & Pamela Joan Podger
2038 Maiden Lane, SW
Roanoke, Virginia 24015
Tax Map No. 1440312
Cynthia Snavely
2034 Maiden Lane, SW
Roanoke, Virginia 24015
Tax Map No. 1440313
Joseph H. & Darlene L. Meador
2028 Maiden Lane, SW
Roanoke, Virginia 24015
Tax Map No. 1440314
Abrina Schnurman
2022 Maiden Lane, SW
Roanoke, Virginia 24015
Tax Map No. 1440315
Valley Properties, LLC
3330 Hollins Road, NE, Suite A
Roanoke, Virginia 24012
Tax Map No. 1440316
Ronald S. & Teresa K. Sharpley
1618 Grandin Road, S W
Roanoke, Virginia 24015
Tax Map No. 1331605
Edward N. Thornhill
1911 Belleville Road, SW
Roanoke, Virginia 24015
Tax Map No. 1331604
Tax Map No. 1331603
Tax Map No. 1331602
R. Douglas Ross
1602 Grandin Road, SW
Roanoke, Virginia 24015
Tax Map No. 1331601
Grandin Properties LC
1502 Grandin Road, SW
Roanoke, Virginia 24015
5MB Properties LLC
1514 Grandin Road, S W
Roanoke, Virginia 24015
Roanoke County Farm Bureau Incorporated
1422 Grandin Road, SW
Roanoke, Virginia 24015
Hayako O. Cook
P. O. Box 21096
Roanoke, Virginia 24015
Edmond Dickson Watts, Trustee
P. O. Box 116
Daleville, Virginia 24083-0116
Raleigh Court Methodist Church
1706 Grandin Road, SW
Roanoke, Virginia 24015
Tax Map No. 1331201
Tax Map No. 1331204
"
Tax Map No. 1330806
Tax Map No. 1432225
Tax Map No. 1440606
Tax Map No. 1440701
Attachment to Application for
AMENDMENT OF PROFFERED CONDITIONS
The applicant, Medical Facilities of America LI, Limited Partnership, hereby request that the
following Proffered Conditions enacted by Ordinance No. 28644-051887, set forth below, be
repealed as it pertains to Official Tax No. 1440317.
1. The tract as rezoned will be used only for the purpose of a parking lot in conjunction
with a nursing home facility not to exceed 120 beds and a total square footage of the
nursing home will not exceed 41, 043 square feet in the future.
2. The said tract for rezoning will be subject to the granting of a Special Exception
Permit by the Board of Zoning Appeals (BZA) for a nursing home facility. Should a
Special Exception not be granted by the BZA, or the construction of the facility not
commenced on or before June 1, 1989 the rezoning designation of the said tract will
return to that of RD, Residential Duplex District, without further action of the City
Council.
3. Any existing alley right-of-ways adjacent to said tract will not be used for the
purpose of ingress or egress.
The applicant, Medical Facilities of America LI, Limited Partnership, hereby requests that the
following proffered condition to be substituted and adopted in place of the proffered conditions
set forth above as it pertains to Official Tax No. 1440317.
1. The property will be developed in substantial conformity with the Development Plan
prepared by Rife and Wood Architects, dated march 21, 2008, a copy of which is
attached to this application for Amendment of Proffered Conditions, subject to any
changes required by the city as part of its Comprehensive Development Plan review.
2. No lighting shall be added to the area designated as 'New Employee Parking Spaces'
on the Development Plan prepared by Rife and Wood Architects, dated March 21,
2008.
PROFFERS TO BE ADOPTED
· Please see attached Site Development Plan.
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Ilf TD COOJrcIL 0. TD. CITY OP ROAlfOD. V'IHOIRU
Rezon1ng ot" a tract or land lY1n&,b9~~i*:~1d~ Lane )
and W1ndsorAvenue on the West S!de' ot'.Gran~1n' Road, )
trom.RD. Residential Duplex Distr1ct, to C-l Ott1ce )
an4~n8t1tut1onal District. The ~~b~~;t~et 1s a )
a p~t of an assemblage of lots cnrrently zoned C-l. )
Th1"w1ll constitute a conditional rezon1ng Subject to )
Fralin and Waldron, Inc. and/or Medical Pacilities of )
Amer1ca LI, a Limited Partnership, obtaining a special )
exception by the Board ot Zon1ng Appeals. )
TO TIlE HONORABLE MAYOR AND MEMBERs OP THE COUNCIL OP THE CITY OP ROANOKE:
IN HE:
SEOON
AMEND
PETIT
TO
REZOJ
1. The pet1tioners, Fralin and Waldron, Inc. for Medical Facilities
LI, have a bonafide contract to purchase a certain tract of land located
in the City of Roanoke, Virginia containing approx1mately 3/10 of
1 acre,located between Malden Lane and Windsor Avenue on the West
Side of Grandin Road, and designated on Roanoke City Appraisal Maps
as a portion of Official Tax Number 1440321 beginning at a point at
the NE corner of lot 1440306 thence 128' North, then 115' West. thence
115' south, thence 100' east to the Point of beginning. The said
tract is currently zoned RD. ReSidential Duplex District, a map of
which is hereby attached as Exhibit A.
2. Pursuant to Article VIII of Chapter 36, Code of the City of
Roanoke (1979), as amended. the petitioners request that the said
property be rezoned from RD. ReSidential Duplex District to C-l, Office
and Institutional District. Subject to certain conditions set forth
below for the purpose of constructing and operating a nurSing home
facility.
3. The petitioners believe that the rezoning of the said tract
of land will further the intent and purposes of the City's Zoning
Ordinance and its' Comprehensive Plan in that it will promote the
health. safety, comfort. prosperity, and general welfare of the pUblic
and will protect and enhance the scale, character. and stability of
existing neighborhoods as well as facilitate the creation of a convenient,
harmonious and attractive community In the City of Roanoke. ~h1s
faCility will also satisfy the need identified by the Roanoke Vls1cn
Process for "neighborhood multi purpose human service centers" to
provide, among other things, elderly care and other services to :he
needs of a specific area, making them an integral part of each conmunity.
4. The petitioners hereby prOffer and agree that if the said tract
is Zoned as requested, that the zoning will be subject to, and that
the petitioners will abide by, the following conditions:
a. The tract as rezoned will be used only for the purpose of
a parking lot in conjunction with a nursing home facility not to exceed
120 beds and a total square footage of the nurSing home will not exceed
bl,O~3 square feet in the future.
b. The said tract for rezoning Will be subject to the granting
of a Special Exception ?rnit by the Board of Zoning Appeals (BZA)
for a nurSing home faCility. ShOUld a Special Exception not be granted
by the aZA, or the construction of the facility not commenced on or
Respectfully sUbmitted,
PRALIN ~ND WALDR~
~~~./~ .
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bate '
Richard s. Wh1tney, Jr.
Senior Vice President
~-,~..""'''' -- - '...."":.-'"".~:.,_,_";__, ....,.- . ~.-
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IN THE CO!INCIL OJ.> THE CITY OF ~OICE, VIIlGINIA,
.
The 18th day of May, 1987.
No. 28644.
AN ORDINANcE to aqend 1138-3 and 36-., COde at the City at Hoanoke
(1919), as alDended, and Sheet No, 144, Sectfonal 1876 Zone Map, City
at Roanoke, to rezone oertaln property within the City, SUbject to
nertaln nondltlons PPott~red by the SPPllnant.
and
DuPlex ReSldentlal DistPlnt, to C-l, Ottine and Institutional
Dlatrlnt, aUbient to aeptain aOndltlons proftered by the apPlinant,
~AS, application haa bean made to the CoUnn11 of tha City at
Roanoke to have the herelnatter deecrlbed property rezoned tro~ an,
reZoning; and
~. thia COuncil, attep oonelderlng the atoresald epplloa_
tlon, the peao~endatlon made to the Coun.il by the Planning Co~ls_
Sian, the CitY'e cm.prehensive Plan. and the matters preeented at
~S. a pUbllo hearing was held on said apPlloation by the City
Counoil at Its meeting On May 11, 1887, atter due and timely notioe
tbereot as reqUlped by 138-5'1, COde of the City at RoanOke (1878). Ss
~nded. at Whloh hearing all partlea In Intepestand nltlzens Wepe
given sn npPortunlty to be heard. hath tor and agalnat the propOsed
W8BRRAs, the City Planning COmmlaslon, WhiCh atter giVing proper
notlne to all nonnerned as reqUired by 138-5'1. COde at the City at
RoanOke (1879), aa emended and atter nonductlng a PUblic hearing aD
the matter, haa made Ita renOQmendstlon to Counoil; Snd
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the publio hearing, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREPORE, BE IT ORDAINED by the Council of the City of Roanoke
that 5536-3 and 36-4. Code of the City of aoanoke (1919), as amended.
and Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke. be
amended in the following particular and no othe~:
Property described as a certain traot of land looated in the
City containing approximately 3/10 of an acre, located between Maiden
Lane and Windsor Avenue, on the west side of Grandin Road. designated
on Sheet No. 144 of the Seotional 1976 Zone Map, City of Roanoke. as
a portion of Official Tax No. 1440321 beginning .st a pOint at the NE
Corner of Official Tax No. 1440306, thence 128' north, then 115' west.
then 115' south. thence 100' east to the point of beginning, be and
is hereby rezoned from RD, Duplex Residentill District, to C-l. Office
and Institutional District, subject to those conditions proffered by
and set forth in the Petitioner's Second Amended Petition to ~zone,
filed with the City Clerk on April 1. 1987, and that Sheet No. 144 of
the Zone Map be ohanged in this respect.
ATl'EST:
01 ty Clerk.
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Planning Building and Development
Memorandum
TO:
FROM:
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
~~ct-'
Martha P.~Ffcmklin, Secretary, City Planning Commission
DATE:
March 21,2008
SUBJECT:
Amended Application NO.1 - Medical Facilities of America
Attached please find Amended Application NO.1 filed on Friday, March 21,
2008. The amended application not only repeals proffers, but now contains a
proffer of a site plan
Please contact Maribeth at 1502 if questions. Thank you.
If
attachment
cc: Stephanie Moon, 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 P;iCCjick'H~fe<.t(tPri~t;3,<'
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: jMar 21,2008 Submittal Number: )Amended Application No.1
, ;l!
D Rezoning, Not Otherwise Listed
D Rezoning, Conditional
D Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
1.~d~"'iiiii'~BlII
[8J Amendment of Proffered Conditions
D Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District'
Address: 1527 Grandin Road, SW, Roanoke, Virginia 24015
Official Tax No(s).: 11440317
Existi~g Base Zoning: " IRMF Residential Multifamily
(If multiple zones, please manually enter all dlstncts.) ,
Ordinance No( s). for Existing Conditions (If applicable): lordinance #28644 - 051887
Requested Zoning: INot Applicable I Proposed Land Use: Same as existing - Nursing Home facility
11&1 With Conditions
o Without Conditions
Applicant's Signature:
Name: /Andrew C. Kelderhouse
"Phone Number:
+ 1 (540) 774-4415
I
I
Address: 2917 Penn Forest Boulev rd, Suite 100, Roanoke, Virginia 24018
E-Mail: landyke@fwinc.com
REASON FOR REQUEST
Fralin & Waldron, Inc. (General Contractor) on behalf of Medical Facilities LI, Limited
Partnership (Owner), respectfully request consideration of Amendments to be made to the
existing conditions of Ordinance No. 28644-051887, for the Raleigh Court Health &
Rehabilitation Center located at 1527 Grandin Road, SW, Roanoke, Virginia 24015.
As more and more patients at the Raleigh Court Health & Rehabilitation Center require more
intense therapy (30-60 day periods) to rehabilitate from broken hips, knee replacements, etc., it
has become apparent that the existing building's Physical Therapy facilities are no longer
adequate. The Owners would like to add a Physical Therapy unit containing approximately
3,000 square feet to better serve their patient base. The proposed expansion would be wholly
devoted to a rehabilitation gymnasium, which will permit more space to accommodate the
growing number of patients receiving therapy on any given day. It will also permit the addition
of equipment to better serve the needs of our patients. As a result of this expansion, there will
not be an increase of in patients over the current 120-beds, and there should be little or no change
in appearance of the facility from Grandin Road and Windsor Avenue.
The existing proffers and conditions to the zoning pertain to building size, number of licensed
beds, use of alleys and the granting of the special exception. Much of this no longer applies or
can be substituted with a site development plan. Our request is that the existing proffers be
eliminated and the zoning be conditional only on the development of the facility to be in
substantial compliance with the site development plan dated March 21, 2008.
The Site Plan will show the location of the addition, which will be tucked into the interior
courtyard, not readily visible from adjacent streets, as well as proposal for new parking. While
the facility meets the zoning ordinance's on-site parking requirement, the on-site parking is often
not adequate at shift changes. On street parking is a great benefit and under most circumstances
adequately fulfills the onsite shortfall. There are periods when both onsite and street parking are
inadequate or at best very inconvenient for our staff, visitors and medical personnel. These
periods are typically during shift changes and high periods of visitation along with neighboring
activities (Sunday Church services). The shortfall is exasperated due in part to our corner lot
location and the proximity to other high parking demand facilities (church). The Owner's
propose a rework of the current storm water detention basin behind the building, into an
underground basing with parking over it. The net change in parking is the addition of 11 spaces.
The site's stormwater management system will be brought up to current standards, including pre-
treatment. It is anticipated that the existing rip-rap "emergency" spillway will remain at its
current location and size without modification.
Raleigh Court Health & Rehabilitation Center continues to offer quality long-term care services
to the Greater Raleigh Court Community. We are also meeting a growing need for community
members who need post acute transitional medical care. These post acute patients enter our
center for a short (24 days on average) inpatient stay before being discharged back to their homes
in the community. Currently 32% of our patients fit this description. I expect the demand for
these services to grow as the demographics of the Raleigh Court area continue to evolve and
members of the community become more aware of our philosophy of care and services.
We have been proud to serve the needs of the Raleigh Court Community since 1988 and request
that by clearing the way for this expansion we will be permitted to further invest in our
community and continue to meet the changing needs of our neighbors.
(
City of Roanoke - GIS
Page 1 of 1
Print Report I Full Detail Report I Close Window
Property Information Card for: MEDICAL FACILITIES OF AMERICA
1527 GRANDIN RD SW
ROANOKE VA 24015
PARCEL INFORMATION
Tax Number 144031i
Property Address 1527 GRANDIN RD SW
Legal Description ACREAGE (2.51AC) SPANGLER-GRANDIN
Deed Reference 0157001766
Deed Reference 2 N/A
Prevo Sale Date N/A
Prevo Sale Price N/A
Sale Date
Sale Price
Owner
Address
10/02/1987
$0,00
MEDICAL FACILITIES OF AMERICf.-.
1527 GRANDIN RD SW
ROANOKE VA 24015
Property Acres 2,5101
Overlay Zoninc N/A
Property Frontage 457 Feet
Property Avg, Depth 250 Feet
Property Area 109,345
Basement Area N/A
Land Assessment $784,400.00
Improvements $4,701,000,00
Tota! $5,485,400,00
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description."
Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be
reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any
damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary
loss that might arise from the use of this map or the information it contains.
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Map of 1527 Grandin Rd Sw Roanoke, VA by Map Quest
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Adioinine: Prooerty Owners
Michael F. & Jenna A. Kennedy
2019 Windsor Avenue, SW
Roanoke, Virginia 24015
Tax Map No. 1440306
Robert F. & Alma O. Dugan
2023 Windsor Avenue, SW
Roanoke, Virginia 24015
Tax Map No. 1440305
Gerald P. Bannon
2027 Windsor Avenue, SW
Roanoke, Virginia 24015
Tax Map No. 1440304
John D. Kramer & Pamela Joan Podger
2038 Maiden Lane, SW
Roanoke, Virginia 24015
Tax Map No. 1440312
Cynthia Snavely
2034 Maiden Lane, SW
Roanoke, Virginia 24015
Tax Map No. 1440313
Joseph H. & Darlene L. Meador
2028 Maiden Lane, S\V
Roanoke, Virginia 24015
Tax Map No. 1440314
Abrina Schnurman
2022 Maiden Lane, S \V
Roanoke, Virginia 24015
Tax Map No. 1440315
Valley Properties, LLC
3330 Hollins Road, NE, Suite A
Roanoke, Virginia 24012
Tax Map No. 1440316
Ronald S. & Teresa K. Sharpley
1618 Grandin Road, SW
Roanoke, Virginia 24015
Tax Map No. 1331605
Edward N. Thornhill
1911 Belleville Road, S v>, ,
Roanoke, Virginia 24015
Tax Map No. 1331604
Tax Map No. 1331603
Tax Map No. 1331602
R. Douglas Ross
1602 Grandin Road, S W
Roanoke, Virginia 24015
Tax Map No. 1331601
Grandin Properties LC
1502 Grandin Road, SW
Roanoke, Virginia 24015
5MB Properties LLC
1514 Grandin Road, SW
Roanoke, Virginia 24015
Roanoke County Farm Bureau Incorporated
1422 Grandin Road, SW
Roanoke, Virginia 24015
Hayako O. Cook
P. O. Box 21096
Roanoke, Virginia 24015
Edmond Dickson Watts, Trustee
P. O. Box 116
Daleville, Virginia 24083-0116
Raleigh Court Methodist Church
1706 Grandin Road, S\V
Roanoke, Virginia 24015
Tax Map No. 1331201
Tax Map No. 1331204
Tax Map No. 1330806
Tax Map No. 1432225
Tax Map No. 1440606
Tax Map No. 1440701
City of Roanoke
Receipt
RECEIPT NUMBER:
R080002420
APD #:
SITE ADDRESS:
PARCEL:
APPLICANT:
BOND AGENT:
REZ080004 TYPE: Rezoning
1527 GRANDIN RD SW ROASUB-TYPE:PROFF
1440317
MEDICAL FACILITIES OF AMERICA
TRANSACTION DATE: 03/05/2008 TOTAL PAYMENT:
TOTAL PAID FROM TRUST:
TOTAL PAID FROM CURRENCY:
500.00
.00
500.00
TRANSACTION LIST:
Type Method
Description
Amount
Payment
Check
4668
TOTAL:
500.00
500.00
ACCOUNT ITEM LIST:
Description Account Code Current Pmts
PLAN: Rezoning Fee R-001-110-1234-0318-05 500.00
TOTAL: 500.00
RECEIPT ISSUED BY: PLMF1
ENTERED DATE: 03/05/2008
INITIALS: MPF
TIME: 04:31 PM
CHECK PERMIT STATUS/RESULTS ONLINE: WWW.ROANOKEGOV.COM/PERMITS
Attachment to Application for
AMENDMENT OF PROFFERED CONDITIONS
The applicant, Medical Facilities of America LI, Limited Partnership, hereby request that
the following Proffered Conditions enacted by Ordinance No. 28644-051887, set forth
below, be repealed as it pertains to Official Tax No. 1440317.
1. The tract as rezoned will be used only for the purpose of a parking lot in
conjunction with a nursing home facility not to exceed 120 beds and a total square
footage of the nursing home will not exceed 41,043 square feet in the future.
2. The said tract for rezoning will be subject to the granting of a Special Exception
Permit by the Board of Zoning Appeals (BZA) for a nursing home facility.
Should a Special Exception not be granted by the BZA, or the construction of the
facility not commenced on or before June 1, 1989 the rezoning designation of the
said tract will return to that of RD, Residential Duplex District, without further
action of the City Council.
3. Any existing alley right-of-ways adjacent to said tract will not be used for the
purpose of ingress or egress.
The applicant, Medical Facilities of America LI, Limited Partnership, hereby requests
that the following proffered condition be substituted and adopted in place of the proffered
conditions set forth above as it pertains to Official Tax No. 1440317.
1. The property will be developed in substantial conformity with the Development
Plan prepared by Rife and Wood Architects, dated March 21, 2008, a copy of
which is attached to this application for Amendment of Proffered Conditions,
subject to any changes required by the city as part of its Comprehensive
Development Plan review.
PROFFERS TO BE ADOPTED
· Please see attached Site Development Plan.
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"""""'" PLAN P'OR
RALEIGH COURT
HEAL TH CARE CENTER
F'If'l"SfG..IIL ~ RDOM ADDmON
5'''' DEVaoPMENT PLAN ~
,I> D;!lI Rife + Wood
~I:ARCHITECTS
(:} q: _, VA '401> (""'l3#OO1>
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I1t 'l'IIIr COUIfCIL 0. 'l'BB. CITY OP ROAJfOU. V'IBOIRU
Rezoning or' a tract of land lYin&.b~fi~~*:~1d~ Lane )
and Windsor Avenue on the West S!-<Utl ol"Oranain Road. )
fromRD, Res1dential Duplex D1strict. to C-l Office )
an41[nsti tut10nal District. The ,,.llb.l'nt.::traet is a )
a Pltr't. or an assemblage of lots ctirrently zoned C-l. )
Th1~w111 constitute a conditional rezoning subject to )
Fralin and Waldron. Inc. and/or Medical Facilities of )
America LI, a Limited Partnership, obtaining a special )
exception by the Board of Zoning Appeals. )
TO THE HONORABLE MAYOR AND MEMBERS OP THE COUNCIL OP THE CITY OF ROANOKE:
IN HE:
SECOND
AMENDE
PETITI,
TO
REZON]
1. The petitioners, Fralin and Waldron, Inc. for Medical Facilities
LI, have a bonafide contract to purchase a certain tract of land located
in the City of Roanoke. Virginia containing approximately 3/10 of
1 acre, located between Maiden Lane and Windsor Avenue on the West
Side of Grandin Road, and designated on Roanoke City Appraisal Maps
as a portion of Official Tax Number 1440321 beginning at a point at
the NE corner of lot 1440306 thence 128' North. then 115' West, thence
115' south, thence 100' east to the pOint of beginning. The said
tract is currently zoned RD, Residential Duplex District, a map of
which is hereby attached as Exhibit A.
2. Pursuant to Article VIII of Chapter 36, Code of the City of
Roanoke (1919), as amended, the petitioners request that the said
property be rezoned from RD, Residential Duplex District to C-l, Office
and Institutional District, subject to certain conditions set forth
below for the purpose of constructing and operating a nursing home
facility.
3. The petitioners believe that the rezoning of the said tract
of land will further the intent and purposes of the City's Zoning
Ordinance and its' Comprehensive Plan in that it will promote the
health, safety, comfort, prosperity, and general welfare of the public
and will protect and enhance the scale, character, and stability of
existing neighborhoods as well as facilitate the creation of a convenient,
harmonious and attractive community 1n the City of Roanoke. ~his
facility will also satisfy the need identified by the Roanoke Vlsicn
Process for "neighborhood multi purpose human service centers" to
provide, among other things, elderly care and other services to :he
needs of a specific area, making them an integral part of each conmunity.
4. The petitioners hereby proffer and agree that if the said tract
is zoned as requested, that the zoning will be subject to, and that
the petitioners will abide by, the following conditions:
a. The tract as rezoned will be used only for the purpose of
a parking lot in conjunction with a nursing home facility not to exceed
120 beds and a total square footage of the nurSing home will not exceed
41,043 square feet in the future.
b. The said tract for rezoning will be subject to the granting
of a Special Exception ?~r~it by the Board of Zoning Appeals (BZA)
for a nursing home facility. Should a Special Exception not be granted
by the 8ZA, or the construction of the facility not commenced on or
, before June 1. 1989 the z~ning designation of the sa1d tract will
return to that of RD. Residential Duplex District, without further
action of the City Council.
c. Any eZ1sting alley right-of-ways adjacent to said tract will not
be used for tde purpose of ingress or egress.
5. Attached as Exhibit B are the names and address of the owner
or owners of all lots or property immediately adjacent to or immediately
across a street or road from the property to be rezoned.
WHEREFORE, the petitioners request that the above-described tract
be rezoned as requested in accordance with the proviSions of the Zoning
Ordinance of the City of Roanoke.
Respectfully sUbmitted.
FRALIN !lND WALD:~-'f.
~~~&i .
Date t~~
Richard S. Whitney, Jr.
Senior Vice President
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IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA.
.
The 18th day of May, 1987.
No. 28644.
AN ORDINANCE to amend 1136-3 and 36-4. Code ot the City of Roanoke
(1979). a8 amended. and Sheet No. 144. Sectional 1976 Zone Map. City
of Roanoke, to rezone certain property within the City. subject to
certain conditions proffered by the applicant.
WHEREAS. application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RD,
Duplex Residential District, to C-l, Office and Institutional
District. SUbject to certain conditions proffered by the applicant.
and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by 136-541, Code of the City of
Roanoke (1979). as amended and after conducting a public hearing on
the matter. has made its recommendation to Council: and
WHEREAS. a public hearing was held on said application by th~ City
Council at its meeting on May 11. 1987. after due and timely notice
thereof as required by S36-541, Code of the City of Roanoke (1979). as
amended. at which hearing all parties in interest and citizens were
given an opportunity to be heard. both for and against the proposed
rezoning; and
WHEREAS. this Council. after oonsidering the aforesaid applica-
tion, tbe recommendation made to the Counail by the Planning Commis-
sion. the City's Comprehensive Plan. and the matters presented at
r
the publio hearing. is of the opinion that the hereinafter described
property should be rezoned as he~ein provided.
THEREPORE, BE IT ORDAINED by the Council of the City of Roanoke
that 5536-3 and 36-4. Code of the City of Roanoke (1979). as amended.
and Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no othe~:
Property described as a certain tract of land located in the
City containing approximately 3/10 of an acre, located between Maiden
Lane and Windsor Avenue, on the west side of Grandin Road. designated
on Sheet No. 144 of the Sectional 1976 Zone Map. City of Roanoke, 8S
a portion of Official Tax No. 1440321 beginning at a point at the NE
Corner of Official Tax No. 1440306. thence 128' north, then 115' west.
then 115' south. thence 100' east to the point of beginning. be and
is hereby rezoned f~om RD. Duplex Residential District, to,C-l. Office
and Institutional District, SUbject to those conditions proffered by
and set forth in the Petitioner's Second Amended Petition to Rezone.
filed with the City Clerk on April I, 1987, and that Sheet No. 144 of
the Zone Map be ohanged in this respect.
ATTEST:
City Clerk.
N 6et 55' 62' E
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 20, 2008
Donald G. Gurney, Esquire
Hawkins, Delafield & Wood, LLP
One Chase Manhattan Plaza, 42nd Floor
New York, New York 10005
Dear Mr. Gurney:
I am enclosing copy of Resolution No. 38098-051908 authorizing the issuance
of $5,500,000 principal amount of General Obligations of the City of Roanoke,
Virginia, in the form of General Obligation Public Improvement Bonds the City
of Roanoke, for the purpose of providing funds to pay the. costs of the
acquisition, construction, reconstruction, improvement, extension, enlargement
and equipping of public buildings of and for such city; fixing the form,
denomination and certain other details of such bonds; providing for the sale of
such bonds; authorizing the preparation of a preliminary official statement and
an official statement relating to such bonds and the distribution thereof and the
execution of a certificate relating to such official statement; authorizing the
execution and delivery of a continuing disclosure certificate relating to such
bonds; authorizing and providing for the issuance and sale of a like principal
amount of General Obligation Public Improvement Bond anticipation notes in
anticipation of the issuance and sale of such bonds; delegating to the City
Manager and the Director of Finance certain powers with respect to the sale and
determination of the details of such bonds and notes; and otherwise providing
. with respect to the issuance, sale and delivery of such bonds and notes.
Donald G. Gurney, Esquire
May 20, 2008
Page 2
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008.
Sincerely,
O).~
!
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Enclosure
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance'
R. Brian Townsend, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Robert K. Bengtson, P. E., Director of Public Works
Sherman M. Stovall, Director, Management and Budget
Philip C. Schirmer, City Engineer
y.~
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
RESOLUTION NO. 38098 -051908.
A RESOLUTION AUTHORIZING THE ISSUANCE OF FIVE MILLION FIVE
HUNDRED THOUSAND DOLLARS ($5,~00,000) PRINCIPAL AMOUNT OF GENERAL
OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR
THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQUIPPING OF PUBLIC BUILDINGS OF AND
FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER
DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND
THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE
RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONTINillNG DISCLOSURE CERTIFICATE RELATING TO
SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE
OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE
ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER
AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE
SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES;
AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND
DELIVERY OF SUCH BONDS AND NOTES
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a ,debt and to
authorize the issuance of $5,500,000 principal amount of general obligations of the City, in the
form of General Obligation Public Improvement Bonds of the City, for the purpose of providing
funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of public buildings of and for the City and to authorize the issuance
of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes
in anticipation of the issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION 1. (a) Pursuant to Chapter:26 of~itle 152 of the Code of Virginia,
1950, the same being the Public Finance Act of 1991 (the "Public Firiance Act of 1991 "), for the
purpose of providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of public buildings of and for the City, the
City is authorized to contract a debt and to issue $5,500,000 principal amount of general
obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia,
General Obligation Public Improvement Bonds" (referred to herein as the "Bonds").
541428.1 031801 RES
(b) The Bonds shall be issued arid sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall be
added to the designation of the Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in' fully registered form in the denomination of $5,000 each or any
whole multiple thereof. The Bonds of a given series shall be numbered from No. R-I upwards in
order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager and the Director of Finance
in accordance with the provisions of Section 7 hereof. The Bonds of each series shall be issued
in such aggregate principal amounts (not exceeding the aggregate principal amount specified in
Section lea)); and shall mature on such dates and in such years (but in no event exceeding forty
(40) years from their date or dates), and in the principal amount in each such year, as shall be
determined by the City Manager and the Director of Finance in accordance with the provisions
of Section 7 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and
sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time to time on any date, in such order as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed as a percentage of the principal amount
of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 7 hereof.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notic~e of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, the premium, if any, payable upon such redemption, and if less than the entire
principal amount of such Bond is to be redeemed, that such Bond must be surrendered in
exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued
equalling in principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class
mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of
registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next
preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been
given as aforesaid, and payment of the principal amount of such Bond (or the portion of the
principal amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have been duly made or provided for, interest thereon shall
cease to accrue from and after the date so specified for the redemption thereof.
(ii) So long as the Bonds are in book-entry only form~ any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
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541428.1031801 RES
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and interest on the Bonds as the same
become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the
Council shall be authorized and required to levy and collect annually, at the same time and in the
same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and interest on the
Bonds to the extent other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of
the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds (the "Registrar").
(c) The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of
authentication endorsed on each Bond shall have been manually executed by an authorized
signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the
certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a
Bond is authenti~ated prior to the first interest payment date, the certificate shall be dated as of
the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such
Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be
dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th)
day of the calendar month next preceding an interest payment date and prior to such interest
payment date, the certificate shall be dated as of such interest payment date and (iv) in all other
instances the certificate shall be dated as of the interest payment date next preceding the date
upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a
date other than the first day of a calendar month or the dates on which interest is payable on such
series are other than the first days of calendar months, the provisions of this Section 3( c) with
regard to the authentication of such Bonds and of Section 8 with regard to the form of such
Bonds shall be modified as the Director of Finance shall determine to be necessary or
appropriate.
. (d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of the Bonds shall be payable in such coin or
currency of the United States of America as at the respective dates of payment thereof is legal
tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be
payable by check mailed by the Registrar to the registered owners of such Bonds at their
respective addresses as such addresses appear on the books of registry kept pursuant to this
Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in
the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as
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541428.1 031801 RES
may be requested by an authorized representative of DTC, interest on the Bonds shall be paid
directly to Cede & Co. or such other nominee ofDTC by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry
for the registration, exchange and transfer of Bonds of such series. Upon presentation at its
office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall
register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books
of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
. (d) Any Bond may be exchanged at the office of the Registrar for such series
of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums
ofthe same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the person in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied
by a written instrument of transfer duly executed by the registered owner in person or by his duly
authorized attorney, in form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar for such series of Bonds shall require the payment by the registered owner of
the Bond requesting such transfer or exchange of any tax or other governmental charges required
to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this
Section 4 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or
any whole multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal and interest payments on the Bonds will be made by the
Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in
turn remit such payments to the DTC participants for subsequent disbursal to the beneficial
owners of the Bonds. Transfers of principal and interest payments to DTC participants will be
the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by
DTC participants will be the responsibility of such participants and other nominees of such
beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book
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541428.1031801 RES
entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect
participants ofDTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the printing of CUSIP numbers on the Bonds
shall be paid by the City; provided, however, that the CUSlP Service Bureau charge for the
assignment of such 'numbers shall be the responsibility of the successful bidder for or purchaser
of the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed. by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 6. The City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury
Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 7. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dateS and at such price or prices as shall be determined by the City Manager and the
Director of Finance. In the event it is determined that the Bonds shall be sold at competitive
sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary
Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The
Bond Buyer, a fmancialjoumal published in the City of New York, New York, and to prepare or
cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of
Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the
Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may
be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby
authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each
series. shall mature, the dates on which interest on the Bonds shall be payable, the aggregate
principal amount of the Bonds of each series and the principal amount of the Bonds of each
series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at
competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of
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541428.1031801 RES
each series and, without further action of this Council, to accept the bid offering to purchase the
Bonds of each series at the lowest true interest cost to the City; provided, however, in no event
shall the true interest cost with respect to the Bonds of any series exceed six percent (6.00%).
The City Manager and the Director of Finance are further authorized to fix the rates of interest to
be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager and the Director of
Finance are hereby authorized to determine the provisions relating to the redemption of the
Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any
redemption premium payable by the City exceed two percent (2.00%).
(b) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisors and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of the
Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule l5c2-l2
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby
authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate
in substantially the form to be included in the Official Statement under the caption "Certificate
Concerning Official Statement".
(c) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(d) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees~ agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
SECTION 8. The Bonds, the certificate of authentication of the Registrar, aild
the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A
attached hereto.
SECTION 9. General obligation public improvement bond anticipation notes
(the "Notes") are authorized for issuance and sale by the City Manager and the 'Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on
such other terms and conditions as shall be determined by the City Manager and the Director of
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541428.1 031801 RES
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal amount of the
Notes of each series and the principal amount of the Notes of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series
if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at
negotiated sale and, without further action of this Council, to accept the bid or proposal offering
to purchase the Notes of each series at the lowest true interest cost to the City; provided,
however, in no event shall the true interest cost with respect to the Notes of any series exceed six
percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the
rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or
proposal accepted by them in accordance with the immediately preceding sentence. The City
Manager and the Director of Finance are hereby authorized to determine the provisions relating
to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided,
however, in no event shall any redemption premium payable by the City exceed two percent
(2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary
Notice of Sale shall be prepared, published and distributed in accordance with the requirements
of Section 7. If such Notes are publicly offered, there may also be prepared and distributed 'a '
Preliminary Official Statement and a final Official Statement relating to such Notes in such form
as shall be approved by the Director of Finance. The issuance and details of such Notes shall be
governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code
of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same
extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the
extent such Notes are not paid from the proceeds of the Bonds or from any other available funds.
Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued
and sold in accordance with the provisions of this Resolution at any time within five (5) years of
the date of issuance of the first Notes issued in anticipation of such Bonds.
SECTION 10. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to r~imburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within the meaning of
Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.2-2607 ofthe Code of Virginia, 1950.
SECTION 12. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
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541428.1 031801 RES
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R-
REGISTERED
$
MATURITY
DATE:
INTEREST
RATE:
DATE OF BOND:
CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM: DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and
hereby promises to pay to the Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall
have been duly called for previous redemption and payment of the redemption price duly made
or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum
on and semiannually on each and thereafter
(each such date is hereinafter referred to as an "interest payment date"), from the date hereof or
from the interest payment date next preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is an interest payment date, in which case
from such interest payment date, or unless such date of authentication is within the period from
the sixteenth (16th) day to the last day of the calendar month next preceding the following
interest payment date, in which case from such following interest payment date, such interest to
be paid until the maturity or redemption hereof at the futerest Rate (specified above) per annum,
by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose
name this Bond is registered upon the books of registry, as of the close of business on the
fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each
interest payment date; provided, however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The Depository Trust Company
("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other
nominee of DTC by wire transfer. futerest on this Bond shall be calculated on the basis of a
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541428.1 031801 RES
\
three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The
principal of and premium, if any, on this Bond are payable on presentation and surrender hereof,
at the office of , as the Registrar and Paying Agent,
in the City of . Principal of and interest on this Bond is payable in
any coin or currency of the United States of America which, on the respective dates of payment
thereof, shall be legal tender for public and private debts.
This Bond is one of an issue of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, which is issued for ,the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of public buildings of and for the City, under and pursuant to and in
full compliance with the Constitution and statutes of the Commonwealth of Virginia, including
Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of
1991), and resolutions and other proceedings of the Council of the City duly adopted and taken
under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after -,20_ are subject to redemption at the
option of the City prior to their stated maturities, on. or after _, 20_, in whole or in
part from time to time on any date, in such order as may be determined by the City (except that if
at any time less than all of the Bonds of a given maturity are called for redemption, the particular
Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds
to be redeemed, together with the interest accrued thereon to the date fixed for the redemption
thereof.
The Bonds of the issue of which this Bond is one maturing on , 20_
are subj ect to mandatory sinking fund redemption on , 20_ and on each
thereafter and to payment at maturity in the principal amounts in each year set forth below, in the
case of redemption with the particular Bond or Bonds or portions thereof to be redeemed to be
selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together
with the interest accrued on the principal amount to be redeemed to the date fixed for the
redemption thereof:
Year:
( 1)
Principal Amount
$
$
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541428.1031801 RES
The City, at its option, may credit against any such. mandatory sinking fund
redemption requirement the principal amount of any Bonds maturing on _, 20_
which shall have been purchased and cancelled by the City or which shall have been redeemed
and not theretofore applied as a credit against such mandatory sinking fund requirement.
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption and if less than the entire principal amount of this Bond is to be redeemed, that this
Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new
Bond or Bonds issued equalling in principal amount that portion of the principal amount.hereof
not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for
redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as
it appears on the books of registry kept by the Registrar as of the close of business on the forty-
fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this
Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as
aforesaid, and payment of the principal amount of this Bond (or the portion of the principal
amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall
have been duly made or provided for, interest hereon shall cease to accrue from and after the date
so specified for the redemption hereof.
Subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same issue, interest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in person or by his attorney duly authorized in
writing, on the books of registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon payment of the charges, if
any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one,
and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the same aggregate principal amount, issue, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and interest on this Bond as the same become due. In each year
while this Bond is outstanding and unpaid, the Council of the City shall be authorized and
required to levy and collect annually, at the same time and in the same manner as other taxes of
the City are assessed, levied and collected, a tax upon all property within the City, over and
above all other taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and interest on this Bond to the extent other funds of the City
are not lawfully available and appropriated for such purpose.
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541428.1 031801 RES
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law, and that
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia or the Charter of the City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be
imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to
be dated the date first above written.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Attest:
Mayor
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond, is one of the Bonds delivered pursuant to the within-mentioned
proceedings.
[
1, a~ Registrar
By:
Authorized Signatory
Date of Authentication:
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541428.1031801 RES
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appomtmg
, Attorney, to transfer such Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
A-5
541428.1 031801 RES
ATTEST:
tJ).
STEPHANIE M. MOON, CMC
City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
May 20, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
I am attaching copy of Ordinance No. 38100-051908 authorizing the proper
City officials to execute a Comprehensive Agreement, pursuant to the Public
Private Education Facilities and Infrastructure Act of 2002 (PPEA), between the
City of Roanoke (City) and Shockey, LLC (Shockey) that provides for Shockey to
do the complete design and construction of a new City Police Academy Facility
to be located on Barnes Avenue, N.W., in the City; approving the terms of such
Agreement; authorizing the City Manager to implement, administer, and
enforce such Agreement, and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
SNH:ew
Attachment
Sincerely,
~.~
Sheila N. Hartman, CMC
Deputy City Clerk
Darlene L. Burcham
May 20, 2008
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Robert K. Bengtson, P. E., Director of Public Works
Sherman M. Stovall, Director, Management and Budget
Philip C. Schirmer, City Engineer
p:(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38100-051908.
AN ORDINANCE authorizing the proper City officials to execute a Comprehensive
Agreement, pursuant to the Public Private Education Facilities and Infrastructure Act of
2002 (PPEA), between the City of Roanoke (City) and Shockey, LLC (Shockey) that
provides for Shockey to do the complete design and construction of a new City Police
Academy Facility to be located on Barnes Avenue, N.W., in the City; approving the terms
of such Agreement; authorizing the City Manager to implement, administer, and enforce
such Agreement; and dispensing with the second reading by title ofthis ordinance.
WHEREAS, the City requested proposals under the PPEA for the design and
construction of a new Police Academy Facility to be located on Barnes Avenue, N.W., in
the City;
WHEREAS, the City received two proposals and City staff evaluated such
proposals;
WHEREAS, City staff determined that the proposal from Shockey was the most
responsive and that it would be in the City's best interest to accept such proposal, all as
more fully set forth in the City Manager's May 19, 2008, letter to Council;
WHEREAS, City staff has negotiated a Comprehensive Agreement with Shockey
for the above described work for a guaranteed maximum price of$6,522,000.00, subject to
validation of such price, and which includes certain allowances. The Agreement provides
for the various obligations of the parties; and
WHEREAS, City staff recommends that Council approve the terms of the
Comprehensive Agreement and authorize th,e City Manager to execute such Agreement,
O-Police Academy-Shockey.doc
1
after the thirty day comment period mentioned in the above letter to Council and absent any
significant comments received by the City during such comment period.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council hereby approves the terms ofthe Comprehensive Agreement
between the City and Shockey as set forth in the attachment to the City Manager's letter to
Council dated May 19, 2008, which provides for Shockey to do the complete design and
construction of the new City Police Academy Facility for a guaranteed maximum price of
$6,522,000, subj ect to validation of such amount, and which includes certain allowances as
set forth in such Agreement.
2. The City Manager is authorized to execute, after the thirty day comment
period mentioned above and in the City Manager's letter to Council, and absent receipt of
\
any significant comments, a Comprehensive Agreement between the City and Shockey,
upon certain terms and conditions as set forth in the City Manager's letter to Council dated
May 19, 2008. The Comprehensive Agreement shall be substantially similar to the one
attached to the above mentioned City Manager's letter to Council, which includes a mutual
waiver of consequential damages in excess of $400,000, and be in a form approved by the
City Attorney.
3. The City Manager is further authorized to take such actions and execute
such documents as may be necessary to implement, administer, and enforce such
Comprehensive Agreement, including any changes to the price, subject to the amount of
,
funds appropriated and the provisions of the City Charter, and/or time of performance.
O-Police Academy-Shockey,doc
2
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:
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O-Police Academy-Shockey.doc
3
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) 853-1 145
E-mail: cJerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 20, 2008
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 38099-051908 appropriating
funds to be provided by Series 2009 Bonds and transferring funds from the
Police Asset Forfeiture Grant to the Police Academy Building project, and
amending and reordaining certain sections of the 2007-2008 Capital Projects
and Grant Funds Appropriations, and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
'"
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Robert K. Bengtson, P. E., Director of Public Works
Sherman M. Stovall, Director, Management and Budget
Philip C. Schirmer, City Engineer
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38099-051908.
AN ORDINANCE to appropriate funding to be provided by Series 2009 Bonds
and transfer funds from the Police Asset Forfeiture Grant to the Police Academy Building
project, amending and reordaining certain sections of the 2007-2008 Capital Projects and
Grant Funds Appropriations and dispensing with the second reading by title of this'
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 Capital Projects and Grant Funds Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Capital Proiects Fund
Appropriations
Police Academy Building
Appropriated from Federal Grant Funds
Appropriated from 2009 Bond Funds
Revenues
Transfer from Grant Fund
Grant Fund
Other Equipment
Transfer to Capital Projects Fund
08-530-9540-9976 $ (5,500,000)
08-530-9823-9002 1,300,000
08-530-9823-9201 . 5,500,000
08-110-1234-1362
1,300,000
35-640-3304-9015
35-640-3304-9508
( 1,300,000 )
1,300,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
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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
May 19, 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: Public Hearing on the Issuance of
General Obligation Public
Improvement Bonds for Police
Academy Facility and Approval of
PPEA Comprehensive Agreement
with Shockey, LLC, for the Design
and Construction of a Police
Academy
Background:
A Request for Proposals under the Public Private Education Facilities and
Infrastructure Act of 2002 (PPEA) for the design and construction of The City of
Roanoke Police Academy was issued June 3, 2007 (RFP No. 07-05-14).
Responses to the RFP were received on August 8, 2007. Two Conceptual Phase
Proposals were received, one from English Construction Company, Inc. and the
other from Shockey, LLC.
The Selection Committee reviewed these proposals on September 7, 2007.
Based upon its review of the proposals, the Committee requested amended
proposals from the submitting firms for a reduced scope project that would
meet the FY 2008-2009 Capital Improvement Program budget of $5,778,000.
Revised Conceptual Phase Proposals were requested by a letter dated October
12, 2007, and were received on December 5, 2007. The Selection Committee
evaluated these proposals and found the Shockey, LLC, amended proposal most
responsive to the City's request. Subsequently, an interview between Shockey,
LLC, and the Selection Committee was held on January 22, 2008. The
The Honorable Mayor and Members of Council
May 19, 2008
Page 2
Committee requested additional information regarding the project costs for a
gymnasium, a water safety facility and the project schedule. This information
was presented and discussed in a meeting held with Shockey, LLC, on
January 31, 2008. Further summary information was furnished by Shockey,
LLC, electronically on February 4, 2008.
After consideration of information and documents from both entities, the
Selection Committee recommended the acceptance of the Shockey, LLC,
Conceptual Phase Proposal and requested that Shockey, LLC, proceed to the
next step and submit a Detailed Phase Proposal for the project. The City
Manager approved such recommendations February 14, 2008. A Detailed
Phase Proposal was requested from Shockey, LLC, by the City of Roanoke on
February 14, 2008. A Detailed Phase Proposal from Shockey, LLC, was received
February 28, 2008.
After consideration of the Detailed Phase Proposal From Shockey, LLC, as well
as other information Shockey, LLC, presented, the Selection Committee
recommended selection of the Shockey, LLC, Detailed Phase Proposal as being
responsive to the City's needs and budget as expressed by the City's RFP and
associated amendments and in the best interest of the City. The Shockey, LLC,
Detailed Phase Proposal estimated the project cost to be $6,577,292 and will
provide a Police Academy of approximately 25,586 square feet, including a
gymnasium and a water safety training facility. The City Manager approved the
selection of Shockey, LLC, for such work, subject to the negotiation of a
Comprehensive Agreement and City Council approval of such Agreement.
City Council was provided a briefing of the features and appearance of the
proposed Police Academy Building on March 3, 2008. The proposed project
features have not changed since that briefing.
A Comprehensive Agreement for the design and construction of the Police
Academy has been negotiated by City staff with Shockey, LLC. The Guaranteed
Maximum Price (GMP) for the project has been estimated at $6,522,000, subject
to validation after the 100% Construction Documents are done, and includes
certain allowances and will provide for a LEED Certified building incorporating
the required features. The project GMP includes $646, 000 in specific line item
allowances for project utilities and features. These line item allowances are
subject to variance as the actual cost for the items are determined. Cost
increases or decreases accrue to the City for these items. The proposed
schedule will provide for a completed building in early 2010. The Agreement
also contains a mutual waiver of consequential damages (these are damages
that could arise from special circumstances that would not flow directly from a
breach of a contract, like lost profits) in excess of $400,000. A copy of the
proposed Agreement is attached to this letter.
The Honorable Mayor and Members of Council
May 19, 2008
Page 3
The PPEA requires that for 30 days prior to entering into a Comprehensive
Agreement the public entity provide for an opportunity for public comment on
the proposal and make available to the public the proposed Comprehensive
Agreement. The City is doing this by posting on the City's website, which
started on May 13, 2008, a summary of the proposal and a copy of the
proposed Comprehensive Agreement and making a copy of both items available
for public inspection. After such 30 day period expires, no additional posting is
required.
Project funding in the amount of $7,123,000 is necessary for the project.
Funds in excess of the GMP value of the Comprehensive Agreement will provide
for a project contingency and consultant inspection services. The Capital
Improvement Program established funding in the amount of $278,000 for the
project; $259,478 of this amount is available in account 08-530-9823.
Additional funding for the project in the amount of $45,000 is included in FY
2008-09 Transfer to Capital Projects Fund and $5.5 million is included in the
Capital Improvement Program (CIP) to be provided from the issuance of general
obligation public improvement bonds. These bonds are expected to be issued
in 2009. Advertisements have been properly made for the required public
hearing prior to City Council approval of debt issuance. This results in total
project funding of $5,823,000.
Additional funding of $1.3 million is required to complete the project and is
available from Police Asset Forfeiture funds.
Recommended Actions:
Hold a public hearing at Council's regular 7:00 p.m. meeting on May 19, 2008,
on the issuance of general obligation public improvement bonds in the amount
of $5.5 million.
Following the public hearing, adopt the accompanying resolution authorizing
issuance of bonds in the amount of $5.5 million for public buildings. This
resolution shall include language declaring the City's intent to reimburse itself
from the proceeds of these bonds.
Adopt the accompanying budget ordinance to appropriate, in advance of
issuance, $5.5 million of Series 2009 bond funding to the Police Academy
account (08-530-9823). Transfer funds in the amount of $1.3 million from
Police Asset forfeiture (35-640-3304-9015) to this same Police Academy project
account.
Approve the terms of the draft comprehensive agreement with Shockey, LLC,
for the above-described work, subject to receipt of any significant comments (to
be determined by the City Manager) during the 30 day comment period
The Honorable Mayor and Members of Council
May 19, 2008
Page 4
mentioned above which would require further consideration of such comments
by Council.
Authorize the City Manager to execute, after the 30 day comment period
mentioned above, and absent significant comments (to be determined by the
City Manager) during such period which would require further consideration of
such comments by Council, a Comprehensive Agreement with Shockey, LLC, for
the above-described work. Such Agreement will be for the guaranteed
maximum price of $6,522,000, subject to validation, which irlCludes certain
allowances as noted above, in a form substantially similar to the one attached
to this letter, with the form of such Agreement to be approved by the City
Attorney.
Authorize the City Manager to take such actions and execute such documents
as necessary to implement, administer, and enforce such Comprehensive
Agreement, including any changes to the price, subject to the amount of funds
appropriated, and/or time of performance.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB/PCS/lmb
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
A. L. Gaskins, Chief of Police
Robert K. Bengtson, PE, Director of Public Works
Sherman M. Stovall, Director of Management & Budget
Phillip C. Schirmer, PE, LS, City Engineer
CM08-00075
Comprehensive Agreement
Between City of Roanoke, Virginia and Shockey, LLC
EXHIBIT "H"
CITY OF ROANOKE. VIRGINIA
CONTRACTOR'S LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
that Shockey, LLC
P. O. Box 2530
Winchester, VA 22604
(Insert full name or legal title and address of Contractor)
as Principal, (hereinafter referred to as "Contractor"),
and
(Insert full name or legal title and address of Surety)
Telephone:
Fax:
as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto the City of
. Roanoke, Virginia, a municipal corporation, 215 Church Avenue, S.W., Noel C. Taylor Municipal
Building, Room 350, Roanoke, Virginia 24011, as Obligee (hereinafter referred to as "City" or
"Owner"), for the use and benefit of Claimants as herein below defined, in the amount of Six
Million Five Hundred Twentv Two Thousand Dollars ($6,522,000.00), for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents to the terms of this bond.
WHEREAS, Contractor has entered into a Comprehensive Agreement (Contract) with
the City dated , 2008, incorporating certain specifications
and drawings to be prepared by and/or for:
Shockey. LLC
(Insert full name or legal title and address)
(which Contract, specifications, drawings, and other Contract Documents are hereinafter
referred to collectively as the "Contract") for providing a fully functional and properly operating
Project: Contractor's Labor and
Exhibit H- Labor Bond-Police Academy-Shockey-clean.doc Material Payment Bond
Rev. 5/1/2005
Page 1 of 3
project, namely the Design and Construction of the City of Roanoke Police Academy, which
Contract is expressly incorporated herein by reference and made a part of this bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
Contractor shall promptly make payment to all Claimants, as hereinafter defined, for all material
furnished or labor supplied or performed in the prosecution of the work provided for in the
Contract, then this obligation shall be void; otherwise this Labor and Material Payment Bond
shall remain in full force and effect and is subject to the following conditions:
a. Any alteration which may be made in the terms of the Contract, including, without
limitation, the amount to be paid or the work to be done under it, or the giving by
the City of any extension of time for the performance of the Contract or any other
forbearance of any nature whatsoever on the part of either the City or the
Contractor to the other shall not in any way release the Contractor and the
Surety, or either of them, their heirs, executors, administrators, successors, or
assigns from their liability hereunder, and notice of such alteration, extension, or
forbearance is hereby expressly waived by Surety.
b. A Claimant is defined as one who has and fulfills a contract to supply labor or
materials, or both, to the Contractor or to any of the Contractor's subcontractors,
in the prosecution of work provided for in the Contract, labor and material being
construed to include, without limitation, public utility services and reasonable
rentals of equipment, but only for periods when the equipment rented is actually
used at the site, or who may otherwise be allowed by law to file a claim against
the Contractor and/or Surety.
c. The Contractor and Surety hereby jointly and severally agree with City that every
Claimant, as defined in paragraph b, who has p~rformed labor or furnished
material in accordance with the Contract in the prosecution of the work provided
for in the Contract and who has not been paid in full therefore before the
expiration of ninety (90) days after the day on which such Claimant performed
the last such labor or furnished the last of such materials for which Claimant
claims payment, or as may otherwise be allowed by law, may bring an action on
this payment bond to recover any amount due Claimant for such labor or
material, and may prosecute such action to final judgment and have execution on
the judgment. The Contractor and Surety expressly agree that City shall not be
liable for the payment of any judgment, costs, or expenses resulting from any
such suit and that neither Contractor nor Surety shall cause City to be named as
a party in any such suit.
d.
The Contractor and Surety hereby jointly and severally agree with City that every
Claimant, as defined in paragraph b, who has direct contractual relationship with
any subcontractor from whom the Contractor has not required a subcontractor
payment bond but who has no contractual relationship, express or implied, with
such Contractor, may bring an action on this bond only if the Claimant has given
written notice to the Contractor within one hundred eighty (180) days from the
day on which the Claimant performed the last of the labor or furnished the last of
the materials for which payment is claimed, stating with substantial accuracy the
amount claimed and the name of the person for whom the work was performed
or to whom the material was furnished, or as may otherwise be allowed by law.
The Contractor and Surety expressly agree that City shall not be liable for the
Contractor's Labor and
Material Payment Bond
Rev. 5/1/2005
Project:
Exhibit H- Labor Bond-Police Academy-Shockey-clean.doc
Page 2 of 3
payment of any judgment, costs, or expenses resulting from any such suit and
that neither Contractor nor Surety shall cause City to be named as a party in any
such suit.
e. The Surety hereby submits itself to a court of competent jurisdiction in Roanoke,
Virginia, and agrees that any suit or action hereunder by any Claimant shall be
brought only in a Virginia court of competent jurisdiction in and for the City of
Roanoke, or in the United States District Court for the Western District of Virginia,
Roanoke Division, and not elsewhere.
f. Any suit or action hereunder shall be brought within one year after the day on
which the person bringing such action last performed labor or last furnished or
supplied materials.
g. The provisions of this bond shall be governed by and interpreted to be consistent
with the laws of the Commonwealth of Virginia.
SIGNED AND SEALED this _ day of
,20
, in the presence of:
CONTRACTOR
WITNESS:
By:
(Seal)
(Type Name and Title)
SURETY
WITNESS:
By:
(Seal)
Attorney-In-Fact
(Type Name and Title)
(Attorneys-in-fact affix seal and attach current original or certified copy of power of attorney.)
Project:
Exhibit H- Labor Bond-Police Academy-Shockey-clean.doc
Contractor's Labor and
Material Payment Bond
Rev. 5/1/2005
Page 3 of 3
Comprehensive Agreement
Between City of Roanoke, Virginia and Shockey, LLC
EXHIBIT "H"
CITY OF ROANOKE. VIRGINIA
CONTRACTOR'S PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
that Shockey. LLC
P. O. Box 2530
Winchester. VA 22604
(Insert full name or legal title and address of Contractor)
as Principal, (hereinafter referred to as "Contractor"). .
and
(Insert full name or legal title and address of Surety)
Telephone:
Fax:
as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto the City of
Roanoke, Virginia, a municipal corporation, 215 Church Avenue, S.W., Noel C. Taylor Municipal
Building, Room 350, Roanoke, Virginia 24011, as Obligee (hereinafter referred to as "City" or
"Owner"), in the amount of Six Million Five Hundred Twentv Two Thousand Dollars
($6,522,000.00), for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents to the terms of this bond.
WHEREAS, Contractor has entered into a Comprehensive Agreement (Contract) with
the City dated , 2008, incorporating certain specifications and draw-
ings to be prepared by and/or for:
Shockey, LLC
(Insert full name or legal title and address)
(which Contract, specifications, drawings, and other Contract Documents are hereinafter
referred to collectively as the "Contract") for a fully functional and properly operating project,
namely the Design and Construction of the City of Roanoke Police Academy, which Contract is
expressly incorporated herein by reference and made a part of this bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
Contractor shall promptly and faithfully perform the Contract, in strict conformity with each and
every requirement of the Contract, then this obligation shall be null and void; otherwise, this
Project: Contractor's Performance Bond
Exhibit H- Performance Bond-Police Academy-Shockey-clean.doc Rev. 5/1/2005
Page 1 of 2
Performance Bond shall remain in full force and effect, and Surety shall perform or have
performed such Contract, and is subject to the following conditions:
a. Any alteration which may be made in the terms of the Contract, including, without
limitation, the amount to be paid or the work to be done under it, or the giving by
the City of any extension of time for the performance of the Contract or any other
forbearance of any nature whatsoever on the part of either the City or the
Contractor to the other shall not in any way release the Contractor and the
Surety, or either of them, their heirs, executors, administrators, successors, or
assigns from their liability hereunder, and notice of such alteration, extension, or
forbearance is hereby expressly waived by Surety.
b. IT IS NOT INTENDED BY ANY OF THE PROVISIONS OF ANY PART OF THIS
BOND TO CONFER A BENEFIT UPON ANY OTHER PERSON OR ENTITY
NOT A PARTY TO THIS PERFORMANCE BOND OR TO AUTHORIZE ANY
PERSON OR ENTITY NOT A PARTY TO THIS BOND TO MAINTAIN A SUIT
PURSUANT TO THE TERMS OR PROVISIONS OF THIS BOND OTHER THAN
THE CITY OR ITS SUCCESSORS OR ASSIGNS.
c. The Surety hereby submits itself to a court of competent jurisdiction in Roanoke,
Virginia, and agrees that any suit or action hereunder shall be brought only in a
Virginia court of competent jurisdiction in the City of Roanoke or in the United
States District Court for the Western District of Virginia, Roanoke Division, and
not elsewhere.
d. Any suit under this bond must be instituted within one (1) year after (i) completion
of the Contract, including the expiration of all warranties and guarantees, or (ii)
discovery of the defect or breach of warranty, if the action be for such, in all other
cases;
e. The provisions of this bond shall be governed by and interpreted to be consistent
with the laws of the Commonwealth of Virginia.
SIGNED AND SEALED this _ day of
, 20_, in the presence of:
CONTRACTOR
WITNESS:
By:
(Seal)
(Type Name and Title)
WITNESS:
SURETY
By:
(Seal)
Attorney-in-Fact
(Type Name and Title)
(Attorneys-in-fact affix seal and attach original or certified copy of current power of attorney.)
Project:
Exhibit H- Performance Bond-Police Academy-Shockey-clean.doc
Page 2 of 2
Contractor's Performance Bond
Rev. 5/1/2005
.
Comprehensive Agreement
Between City of Roanoke, Virginia and Shockey, LLC
Exhibit "I"
Cole + Russell Architects
AN EMPLOYEE-OWNED COMPANY
Commercial 1 Education 1 Government 1 Hospitality 1 Housing 1 Retail
May 8, 2008
Mr. Evrard Neil
Howard Shockey and Sons
PO Box 2530
Winchester, VA 22604
RE: Professional Service Fee Schedule
Roanoke Police Academy
C+RA Proposal No.: 900407.60
Dear Mr. Neil:
Per your request, I am sending you Cole + Russell Architects Professional Service Fee Schedule.
Please do not hesitate to contact me should you have any questions.
PROFESSIONAL SERVICE FEE SCHEDULE
The Cole + Russell Architects standard schedule of professional service fees is as follows:
Fee Schedule
Group Coordinator
Management Support
Project Associate
Project Architect
Project Manager
Design Support Manager
Design Group Director
Managing Principal
$40/hour
$40-70/hour
$50-100/hour
$85-100/hour
$100-120/hour
$70-120/hour
$130-140/hour
$150/hour
Additional Services
The proposed scope of services and related professional service fees are based upon Cole + Russell
Architect's understanding of the Project at the time of this Proposal and are based upon the project
program, site information, discussions with the Owner, and other Owner provided information.
Changes in the project scope determined after this date may entail additional professional services.
In addition, Additional Services, if requested by the Owner will be quoted at an hourly rate based
upon the Cole + Russell Architects Standard Schedule of Professional Fees and will be provided
only upon prior written approval of the Owner.
537 East Pete Rose Way, Suite 200 1 Cincinnati, Ohio 45202 1 v 513.721.80801800.469.4949 1 F 513.721.81811 www.colerussell.com
Roanoke Police Academy
May 8, 2008
Page 20f2
Sincerely,
COLE + RUSSELL ARCHITECTS, INC.
~~~
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Zachary E. Zettler, AlA
Project Architect
-
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Comp~ehensive Agreement
Between City of Roanoke, Virginia and Shockey, LLC
Exhibit "I"
537 East Pete Rose Way, Suite 200, Cincinnati, Ohio 452021 v 513.721.8080 I F 513.721.81811 www.colerussell.com
Comprehensive Agreement
Between City of Roanoke, Virginia and Shockey, LLC
EXHIBIT "G"
EXTENSIONS TO AGREEMENT TIMES DUE TO UNUSUALLY SEVERE WEATHER
A. Unusually severe weather is any weather that exceeds the average number of weather days as listed
below AND affects the major work activities on the critical path of the Project as established by the
baseline schedule, as approved by the Owner's Representative.
I) The following schedule represents the mean average of the total number of rain days from the
preceding 10 years, exclusive of the current year. This data has been taken from the daily
precipitation totals of days where rainfall exceeds 0.1" as compiled by the National Oceanographic
and Aeronautic Administration (NOAA) and/or local reporting agencies.
2) Monthly Anticipated Severe Weather Delay (in days through Dec 2006)
JAN
6
DEe
6
B. Upon acknowledgement of the Notice to Proceed and continuing throughout the Agreement, the
Private Entity will record the occurrence of adverse weather AND the resultant impact to the normally
scheduled work. Actual adverse weather delay days must prevent work on critical path activities for 50%
or more of the Private Entity's scheduled workday.
C. The number of actual adverse weather delay days, shall include days impacted by actual adverse
weather (even if the weather occurred during the previous month), and be calculated chronologically from
the first to the last day in each month, and be recorded as full days. If the number of actual adverse weather
delay days exceeds the number of days anticipated in paragraph A.2 above, the Owner's Representative
will convert any qualifying delays to calendar days giving full consideration for equivalent fair weather
workdays, and issue a modification to the Agreement times at the end of the project.
D. Notwithstanding the provisions mentioned above, should the actual number of actual adverse weather
delay days, (including supplemental impact days), be less than the number of days anticipated in paragraph
A.2 above, the Owner's Representative will calculate a credit and subtract from the running total of time
extensions. However, should the running total of delays result in a negative number, no days will be
subtracted from the over all Agreement times.
E. Within 3 days of the last impacted day for which the Private Entity desires a time extension, they shall
submit a written report listing the days requested and outlining the impacts to the project. The Owner's
Representative may request that the report be accompanied by a delay analysis schedule.
F. At the Private Entity's discretion, it may also track impacts to non-critical activities so that in the event
that the weather impact is so severe, these activities become critical, a continuous chain of information
exists to validate the claim.
G. The Private Entity must give the Owner's Representative written notice on a daily basis on a form to
be provided to the Private Entity. The Owner's Representative, based on information provided by the
Private Entity and other sources as he/she deems necessary, shall determine whether the claim for weather
delay should be allowed or disallowed. The Owner's Representative shall notify the Private Entity of
his/her decision in writing.
Exhibit G-Police Academy-Shockey-clean.DOC
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Comprehensive Agreement
Between City of Roanoke, Virginia and Shockey, LLC
Exhibit "E"
LIST OF EXTENDED WARRANTIES
Private Entity will provide a list of extended warranties in accordance with the terms of the
Comprehensive Agreement.
Exhibit E-Police Academy-Shockey.DOC
Comprehensive Agreement
Between City of Roanoke, Virginia and Shockey, LLC
Exhibit "F"
PRIVATE ENTITY'S CERTIFICATION
On behalf of Shockey, LLC, the undersigned hereby certifies that if the Agreement is completed
with Shockey, LLC, that no employee of the City of Roanoke, or members of his or her
immediate family, including spouses, parents, or children, or any person representing or
purporting to represent any member or members of the City of Roanoke has been promised or
has received, directly or indirectly, any financial benefit by way of fee, commission, finder's fee,
political contribution, or any similar form of remuneration on account of the acts of awarding
and/or executing this Agreement. Shockey agrees to comply with the provisions of Sections 2.2-
4367 through 2.2-4377 of the Virginia Code, Ethics in Public Contracting.
Handwritten Signature of Authorized Principal(s):
Signature
Name:
Title:
Name of FirrnlPartnership/Corporation: Shockey, LLC
Date:
Exhibit F-Police Academy-Shockey.DOC
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PROPOSED
COMPREHENSIVE
AGREEMENT
Between
CITY OF ROANOKE
And
Shockey,LLC
DESIGN AND CONSTRUCTION OF THE CITY OF ROANOKE POLICE ACADEMY
Date June_, 2008
CA-Police Academy-Shockey-5-13-08.DOC
1
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION 14
SECTION 15
SECTION 16
SECTION 17
SECTION 18
SECTION 19
SECTION 20
EXHIBITS
A
B
C
D
E
F
G
H
I
T ABLE OF CONTENTS
Page
DEFINITIONS.... ... ........... ...... ..... ....... ........ .......... ....... ..... ......... ......... ..... ....... ... ....... ..... ...... 3
GENERAL DESCRIPTION, TERM OF AGREEMENT, AND PRIVATE
ENTITY'S STATUS AS INDEPENDENT CONTRACTOR ..................................................4
THE WORK......... ..... ........... ....... ......................... ..,.... ......... ....... ............ ..... ....... ......... ...... 5
PROJECT DEVELOPMENT............................................................................................. 6
PRICES AND SHARED SA VI NGS ................................................................................... 6
SAMPLES .......... .................. ......... ....................... ....................... ................ ...... ........ ..... ... 7
MEASUREMENTS, DRAWINGS, SPECIFICATIONS .... ........... ................ ................... .... 8
WARRANTy.................................................................................................................... 10
INSURANCE, BONDS AND RISK ..................................................................................11
NOTICES TO PROCEED, COMMENCEMENT AND COMPLETION ............................ 13
PRIVATE ENTITY RESPONSI BI L1TI ES ......................................................................... 14
OWNER RIGHTS AND RESPONSIBILlTI ES ................................................................. 17
ADMINISTRATIVE ITEMS ........................ .............. .................. ......... ............... ......... ..... 19
SUBCONTRACTI NG ...................................................................................................... 19
PROTECTION OF PERSONS AND PROPERTy........................................................... 19
PAyMENTS..................................................................................................................... 21
CHANG ES/CLAI MS/DISPUTES ...................................................................................... 22
TERMI NATIONS.............................................................................................................. 24
INSPECTION AND ACCEPTANCE................................................................................. 26
MiSCELLANEOUS........................................................................................................... 27
- Land (3 pages)
- Scope of Work (3 pages)
- Payment Application (2 pages)
- Project Schedule Milestones (1 page)
- List of Extended Warranties (to be provided)
- Vendor's Certification (1 page)
- Extensions to Contract Times due to Unusuallv Severe Weather (1 page)
- Sample Performance Bond (2 pages), Sample Payment Bond (3 pages)
- AlE Fee Schedule (2 pages)
CA-Police Academy-Shockey-5-13-08.DOC
2
THIS COMPREHENSIVE AGREEMENT ("Agreement") is dated and effective as of this _ day of June, 2008 (the "Effective Date" and/or
"Contract Date"), by and between: CITY OF ROANOKE, VIRGINIA ("Owner" or "City"), and Shockey, LLC, a Virginia limited liability company,
("Private Entity") of 1057 Martinsburg Pike, Winchester, Virginia, 22603.
Recitals:
R-1. In January 2004, the Owner adopted procedures to implement the Virginia Public-Private Education Facilities and Infrastructure Act of
2002, as amended, ("PPEA"), Va. Code 56-575.1, m~.
R-2. The Owner subsequently solicited proposals for the Project pursuant to the PPEA.
R-3. The Owner accepted the solicited proposals for consideration. The Owner determined in writing that proceeding with the procurement
that was the subject of the proposal using competitive negotiation procedures was likely to be advantageous to the Owner and the public based
upon probable scope, complexity, or priority of the Project, risk sharing, and/or economic benefit from the Project.
R-4. The Owner received two (2) conceptual-phase proposals and the Owner subsequently invited one (1) proposer to submit a detailed-
phase proposal, which the proposer did. The Private Entity was such proposer.
R-5. The Owner determined that the Project is a qualifying project that serves the public purpose of the PPEA and is in the public interest to
pursue.
R-6. That based upon the Private Entity's proposal, estimated price and presentation, Owner has selected Private Entity for entry into a
comprehensive agreement for the Project, and the Owner and Private Entity now wish to enter into this Comprehensive Agreement for the Project.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants hereinafter contained, and subject to the conditions herein
set forth, the parties hereby covenant, agree, and bind themselves as follows:
SECTION 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following definitions apply to this Agreement:
1.1. Allowance means a work line item specifically set apart in this Agreement where the Owner has established a budget for such said line item.
The line item allowance shall serve as the Project construction cost budget for those work items. Design fees, Private Entity, and subcontractor
mark ups shall not be applied to the work allowance items. Each allowance item is more clearly defined in Exhibit B.
1.2. Architect - EnQineer (nA_En) means Private Entity's design professional Person responsible for the architectural and engineering services for
the Project, including, without limitation, its design. Private Entity has proposed its A-E for the Project in its proposals to the Owner, and Private
Entity shall use this A-E for the Project unless the Owner approves otherwise in writing which approval shall not be withheld unreasonably.
1.3. ChanQe means any addition to, deletion from, or modification of the Project or the Services that is made in accordance with the provisions of
this Agreement. A Change may be made by a Change Order or a Change Directive.
1.4. ChanQe Directive means a written order by the Owner, specifically identified as a Change Directive, directing a Change, which the Private
Entity shall follow, pursuant to Section 17 of this Agreement.
1.5. ChanQe Order means a Change made by a written agreement in which the Owner and Private Entity have indicated agreement as to the
Change and adjustments to price and/or schedule due to the Change and have evidenced their agreement by executing a written change order
pursuant to Section 17 of this Agreement.
1.6. Codes and Standards means all local, state and federal regulations, ordinances, codes, laws, or requirements applicable to the Project,
including, without limitation, the most current Virginia Uniform Statewide Building Code.
1.7. Contract Documents means the following listed in their order of precedence:
(a) Any written modifications to this Comprehensive Agreement made in accordance with this Comprehensive Agreement;
(b) This Comprehensive Agreement, including all exhibits thereto;
(c) Any written Change Orders made in accordance with this Agreement;
(d) Any written Change Directives issued in accordance with this Agreement;
(e) The Construction Documents, which are the final Plans and Specifications that are to be approved by the Owner, Architect-Engineer, and
Private Entity;
(f) Plans and Specifications that are to be approved by the Owner, Architect-Engineer, and Private Entity;
(g) Documents incorporated by reference in this Agreement;
(h) Private Entity's Detailed-Phase Proposal dated February 28, 2008, (less confidential information regarding financial information and detailed
line item pricing information) which is incorporated herein by reference; and
(i) Private Entity's Conceptual-Phase Proposals dated August 8, 2007, and an amended Proposal dated December 5, 2007, (less confidential
information in each regarding financial information and detailed line item pricing information) which is incorporated herein by reference less
confidential information regarding financial statements.
CA-Police Academy-Shockey-5-13-08.DOC
3
1.8. Contractor or Prime Construction Contractor means Howard Shockey & Sons, Incorporated.
1.9. QID! means a calendar day, and "days" mean calendar days, unless the contrary is expressly indicated.
1.10. Defect. Defective. or Deficient is an adjective or noun which when modifying or referring to the word Work refers to Work or any part thereof
that is unsatisfactory, faulty, or does not conform to the Contract Documents, or does not meet the requirements of any inspections, standards,
tests or approvals referred to in the Contract Documents.
1.11. Draw Schedule means the schedule provided by the Private Entity which may be used as a non-binding estimate of monthly payments for the
Owner's cash flow planning purposes.
1.12. [Not used.1
1.13. Final Completion of Work. Final Completion or final completion means completion in conformance with this Agreement, the Construction
Documents, and other Contract Documents of all of the Work required by this Agreement, including without limitation, punch list items, and
issuance of a certificate of occupancy permit (not a temporary certificate).
1.14. Guaranteed Maximum Price ("GMP") means the amount established as the total maximum amount payable to the Private Entity absent a
Change.
1.15. Land means the real property described in Exhibit A hereto.
1.16. Leadership in Enerav Environmental Desian (LEED) of the U. S. Green Buildina Council (USGBC) Certification means
a certified building as defined by the USGBC publication New Construction and Major Renovation Reference Guide Version 2.2, Second Edition
September 2006.
1.17. Owner or "Citv" means CITY OF ROANOKE, VIRGINIA.
1.18. Owner's Representative means that person designated by the Owner in writing to perform the functions of Owner's Representative specified in
this Agreement.
1.19. Person or person means any individual, partnership, joint venture, association, joint-stock company, corporation, limited liability company,
trust, unincorporated organization, government or any agency or political subdivision thereof, or any other legal entity.
1.20. Plans and Specifications mean the surveys, plans and specifications that Private Entity causes to be prepared for the Project that are
approved by the Owner, A-E, and Private Entity.
1.21. Private Entitv means Shockey, LLC.
1.22. Proiect or proiect means the complete and proper design, construction and partial equipping, on a turn key basis, of a new functional and
properly operating City of Roanoke Police Academy Facility located on the Land shown in Exhibit A , in the City of Roanoke, Virginia and as
called for in the Contract Documents, to be designed and constructed by Private Entity on the Land in accordance with the Construction
Documents and the terms of this Agreement, and any related upgrades and/or modifications ordered by Change, Change Order, or Change
Directives.
1.23. Proiect Schedule means the schedule for design and construction of the Project, which, in its initial version, is set forth in Exhibit D attached
hereto.
1.24. Punch List Items means a list of items of Work to be completed and deficiencies to be corrected by Private Entity, identified by the Owner's
Representative or A-E, that do not affect the attainment of Substantial Completion. If the Owner's Representative and A-E do not agree as to
an item or items, any such items not agreed upon shall be considered a punch list item until a contrary determination is made pursuant to
Section 17 of this Agreement. Such items must be complete before Final Completion can take place.
1.25. Reauisition means an application for payment in the form attached as Exhibit C.
1.26. Scope of Work or Work or work means all the work and materials for the Project, and all of which shall be provided by Private Entity within the
GMP, which is set forth in Exhibit B attached hereto, except as may be modified by any Change.
1.27. Services or services means all pre-construction and development services and all architectural and engineering design, procurement and
construction services related to the Project furnished by Private Entity, including, without limitation, all labor, services, materials and facilities,
and all other things that are required to provide for the development of the site and the design, construction and partial equipping of the Project.
1.28. Substantial Completion means the date determined by inspection by the City Engineer, Owner's Representative, Private Entity and A-E that
construction of the Project is so sufficiently complete in accordance with the Construction Documents, including a certificate of occupancy
permit, that it may be utilized and can be used for its intended use, including that the Project is ready to accept move-in by the Owner and all
life/safety items are operational.
1.29. Unusuallv Severe Weather means weather that impacts major Work activities on the critical path of the Project and deviates significantly from
that which could be reasonably expected due to the time of year or as compared to standard averages for the area as compiled through the
NOAA or other authorized local sources. See Exhibit G.
SECTION 2
GENERAL DESCRIPTION, TERM OF AGREEMENT, AND PRIVATE ENTITY'S STATUS AS INDEPENDENT CONTRACTOR
2.1. GENERAL DESCRIPTION.
Under this Agreement, Private Entity will be providing to the Owner site design and development services, A-E design services, and construction
services for the Project. Private Entity will be providing these services as a design-builder. Private Entity generally will be compensated subject to the
terms of this Agreement but will be responsible for ensuring that the total cost of the Project to Owner does not exceed the Guaranteed Maximum Price
(GMP) established by this Agreement. Private Entity will be responsible for completing the Project so that payments by Owner will not exceed the
GMP, except as may be adjusted by this Agreement, even if the costs to Private Entity to do so exceed the GMP. Owner makes no warranty to Private
Entity, express or implied, regarding any design for the Project except Owner acknowledges that it has no objection to the schematic design presented
in the proposal. Rather Private Entity and its A-E warrant that all design and design services meet the standard of care in Virginia for the applicable
design professional providing such design or services.
CA-Police Academy-Shockey-5-13-08.DOC
4
2.2. TERM OF AGREEMENT.
This Agreement begins on the Effective Date indicated at the beginning of the Agreement and continues until its termination pursuant to Section 18, any
other provision of this Agreement, or by law, or until all obligations under this Agreement have been properly and fully performed.
2.3. INDEPENDENT CONTRACTOR.
For all purposes hereunder, Private Entity is an independent contractor and shall not be deemed an agent, employee or partner of the Owner.
2.4. SUBCONTRACTORS.
a. Private Entity may subcontract any portion of the Services to be performed hereunder, but Private Entity shall not thereby be relieved of any of its
obligations set forth herein. Private Entity may subcontract the construction Work to a contractor ("Contractor" or "Prime Construction Contractor").
Private Entity shall use the Prime Construction Contractor proposed in its proposals unless the Owner, in its sole discretion, approves otherwise in
writing. Private Entity shall furnish to the Owner's Representative for its information not later than ten (10) days before the date scheduled for
issuance of the notice to proceed with construction, a list of all Persons being considered to be subcontractors to the Prime Construction
Contractor. The Owner's Representative shall, within five (5) days of receipt of this list, notify Private Entity in writing if it has any reasonable
objection to any such subcontractor for good cause shown. A failure to notify Private Entity within this five-day period shall not waive the right of
the Owner's Representative to later object to any proposed subcontractor for cause. The receipt of such list shall not require the Owner's
Representative to investigate the qualifications of any listed subcontractor. If Private Entity reasonably disagrees with Owner's objection, Private
Entity may request a Change under Section 17.
b. Prior to performing any Work on the Project, the Contractor and subcontractors shall provide copies of their current licenses to the Owner's
Representative. Private Entity shall ensure that all such subcontractors shall be properly licensed and authorized to do business in Virginia, shall
have the proper insurance coverage, and shall comply with all state, federal, and local laws relating in any way to the Project, including obtaining
any necessary City business license. The Private Entity shall comply with Title 54.1, Chapter 11, of the Code of Virginia, with respect to licensure
of itself and all subcontractors employed to work on the Project. The Private Entity represents that it has verified that all subcontractors hold all
required state and local licenses, including State Contractor's license and City business license. The Private Entity will verify that any additional
subcontractors employed to work on the Project, subject to initial verification, hold all required state and local licenses, including State Contractor's
license and City business license. Private Entity is required to submit the Contractor's Certification as to Licensure of Subcontractors Form to the
Owner. This constitutes a material part of the Private Entity's Agreement with the City.
c. Subcontractors shall not be changed without the written approval of the Owner's Representative, which shall not be withheld unreasonably.
d. Private Entity further agrees that it is as fully responsible to the Owner for the acts and omissions of its subcontractors, suppliers, and invitees on
the jobsite and of persons either directly or indirectly employed by them, as the Private Entity is for the acts and omissions of Persons directly
employed by it.
SECTION 3
THE WORK
3.1. WORK/SPECIFICA1l0NS.
a. The Private Entity shall furnish all necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to fully and
properly perform the Project in a good and workmanlike manner in accordance with the Contract Documents and within the Project Schedule, time
being of the essence for this Project.
b. The Owner shall have the right to add to the Scope of Work to be performed under this Agreement, including, without limitation, Work to be
performed at the Project, and Private Entity agrees to perform such Work, subject to issuance of a Change Directive or a Change Order for such
Work. Private Entity agrees to promptly meet and confer with the Owner regarding any added Scope of Work proposed by Owner.
c. The Owner requires that the Private Entity perform a complete and satisfactory job in accordance with the Contract Documents.
d. All Work not specifically described in the Contract Documents, yet required to produce, on a turn key basis, the Project shall be provided even
though every item or minor detail for the proper installation or operation of the entire Work is not mentioned in the Contract Documents.
e. The Private Entity acknowledges and agrees that it has taken into account in its proposal the requirements of the RFP and Contract Documents,
local conditions, availability of material, equipment, labor, and any other factors which may affect the performance of the Work. The Private Entity
agrees and warrants that it will properly and fully complete the Work not later than the time period or date indicated for completion.
3.2. CONDITlONS AFFECllNG THE WORK.
a. The Private Entity is responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general
and local conditions that can affect the Work or its costs, including, but not limited to available parking and staging areas and existing building
materials and components. Any failure by the Private Entity to reasonably ascertain the conditions affecting the Work does not relieve the Private
Entity from responsibility for successfully performing the Work without additional expense to the Owner. The Owner assumes no responsibility for
any representations concerning conditions made by any of its officers, employees or agents before or after execution of this Agreement unless
such representations are expressly stated by the Owner in any Contract Document.
b. Owner has furnished Private Entity copies of the following reports about which Owner makes no representation or warranty regarding their
accuracy:
1) Report of a Preliminary Subsurface Exploration prepared by Geotechnics, Inc., Roanoke, Virginia, dated January 6, 2007.
2) Resubdivision Plat for the City of Roanoke and Roanoke Regional Airport Commission prepared by Caldwell White Associates dated May 18,
2007, and recorded in M.B. 1, Pg. 3244.
3.3. INTERPRETA1l0N OF CONTRACT DOCUMENTS.
a. The Contract Documents are intended to be complementary and are to be interpreted in harmony to avoid conflict if this can reasonably be
accomplished.
b. The following rules regarding correlation and intent of the Contract Documents are first to be employed in the event there is an inconsistency,
conflict, or ambiguity: (1) Anything mentioned in the Specifications and not shown on the Plans, or shown on the Plans and not mentioned in the
Specifications, is of like effect as if shown or mentioned in both; (2) In case of conflicts between Plans and Specifications, the Specifications will
govern; (3) In case of a difference between small and large-scale drawings, the large-scale drawings will govern'; (4) Schedules on any contract
drawing take precedence over conflicting information on that or any other contract drawing; (5) On any of the drawings in which a portion of the
CA-Police Academy-Shockey-5-13-08.DOC
5
Work is detailed or drawn out and the remainder is shown in outline, the parts detailed or drawn out will apply also to all other like portions of the
Work.
c. If, despite application of the rules in 3.3b, an inconsistency, conflict, or ambiguity still exists between or among the Contract Documents that
cannot be reasonably harmonized, then precedence shall be given to the Contract Documents in the order in which they are enumerated in
Section 1.7. of this Agreement.
SECTION 4
PROJECT DEVELOPMENT
4.1. DESIGN AND CONSTRUC1l0N.
The Private Entity shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, plans,
specifications, construction, and other services and/or materials furnished by the Private Entity and its subcontractors under this Agreement. However,
the responsibility of the Private Entity does not relieve those providing such services and/or materials from also being responsible to the Owner for such
items. Owner is hereby deemed to be a third party beneficiary of any of Private Entity's contracts with others for Work or materials on the Project so
Owner may, but is not required to, enforce any such contracts and Private Entity will notify all such subcontractors of Owner's right under this
paragraph.
4.2. DRAWINGS AND SPECIFlCA1l0NS.
The parties acknowledge that Owner has approved the Schematic Design as set forth in the Private Entity's proposal. Based upon the Scope of Work
and/or requirements furnished by the Owner in writing and included herein, the Private Entity shall prepare the complete contract working plans and
specifications. All design submissions for this Project shall be made in both paper drawing/document form and AutoCAD electronic file form compatible
with Owner's CAD system. The minimum scale for building drawings shall be 1/8 inch = 1 foot except for small scale drawings of the floor plan of the
entire building with space tabulation. Design submissions shall be made as outlined below. Each design submission shall include an estimate of project
costs. The Owner review and/or approval period shall be in accordance with the Project Schedule Milestones (see Exhibit D), but not less than ten (10)
days for each of the following submissions. Owner's approval of submissions shall not be unreasonably withheld, conditioned or delayed. In the event
Owner later disapproves of plans and specifications previously approved, the Private Entity may request a Change Order pursuant to Section 17.
a. 35% Desian Development Submission:
Following receipt of Owner's approval of the Schematic Design submission, the Private Entity shall prepare a 35% Design Development
submission including updated drawings and specifications. Private Entity shall submit the 35% Design Development submission to the Owner for
review and approval in accordance with the Project Schedule shown in Exhibit D. The Owner review period will be in accordance with the Project
Schedule shown in Exhibit D.
b. 65% Construction Documents Submission:
Following receipt of Owner's approval of the 35% Design Development submission, the Private Entity shall prepare a 65% Construction
Documents submission. Private Entity shall submit the 65% Construction Documents submission to the Owner for review and approval in
accordance with the Project Schedule shown in Exhibit D. The Owner review period will be in accordance with the Project Schedule shown in
Exhibit D.
c. 100% Construction Documents Submission:
Following receipt of Owner's approval of the 65% Construction Documents submission, the Private Entity shall prepare a 100% Construction
Documents submission. Private Entity shall submit the 100% Construction Documents submission to the Owner for review and approval in
accordance with the Project Schedule shown in Exhibit D. On an exception basis, intermediate submissions may be provided for the design of
foundations, structural steel and other items or systems requiring either advance.procurement or construction start prior to the completion of the
overall design in accordance with the approved schedule. The Owner review period will be in accordance with the Project Schedule shown in
Exhibit D.
4.3. CONSTRUC1l0N.
With Owner's prior agreement in writing, which agreement shall not be withheld unreasonably, and subject to imposition by Owner of reasonable
conditions to assure a satisfactory Guaranteed Maximum Price (GMP) for the Project, construction may be allowed to commence in accordance with
the Project Schedule prior to the Owner's Representative's approval of all of the Construction Documents. Where phased/fast track construction is
proposed prior to overall final approval, plans and specifications covering the system or components covered by that phase must be approved by the
Owner's Representative prior to the start of construction of that phase.
SECTION 5
PRICES
5.1. PRICES.
The Private Entity must provide all Work called for under this Agreement, including furnishing all material, services, labor and equipment to perform the
Services for the prices as indicated in Exhibit B, but in no event shall the total of all such prices exceed the GMP except as may be authorized by a
Change.
5.2. GUARANTEED MAXIMUM PRICE.
a. A Guaranteed Maximum Price (GMP) has been estimated by the parties for the Project and such GMP is a total amount of $6,522,000. The
GMP is the maximum sum that the Owner shall pay to the Private Entity in total for this Project, except as may otherwise be provided in this
Comprehensive Agreement. It includes, but is not limited to all design fees and all construction labor, materials, expenses, permits, utility fees,
allowances, and equipment needed to properly complete the Project. The GMP will be validated by the parties upon approval of the 100%
Construction Documents. The parties further agree that such validation may include value engineering by the Private Entity in consultation with
the Owner.
b. If at any time during design or construction following validation of the GMP it becomes apparent that the final Project costs will exceed the GMP,
the Private Entity shall immediately notify the Owner's Representative and advise him/her of the action the Private Entity proposes to take to
reduce costs to be within the GMP. Such actions shall be at the Private Entity's sole cost and subject to the Owner's approval. If such costs
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cannot be reduced to be within the GMP in order to properly complete the Project, the Project shall be properly completed and the Private Entity
shall be solely responsible for any excess cost over the GMP amount.
c. All proposed revisions or changes to the approved Plans and Specifications must be submitted to the Owner's Representative for review and
approval for conformance with the approved design development plans and specifications, regardless of whether or not they affect the GMP.
Owner's review and approval shall be not be unreasonably conditioned, delayed or withheld. However, no such changes shall increase the GMP,
except as may be specifically provided for in other provisions of this Agreement. Also, no such review and/or approval by the Owner's
Representative or Owner shall relieve the Private Entity of the Private Entity's responsibility to ensure all such Plans and Specifications are proper
and in accordance with the Contract Documents.
d. Private Entity shall ensure that the GMP amount is not exceeded, but if such amount is exceeded, Private Entity shall be solely responsible for any
such excess amount, except for any amounts allowed by a Change.
e. No payment shall be made to Private Entity in excess of the GMP except as may be adjusted for any Changes made in accordance with this
Agreement. The Private Entity shall be wholly responsible to complete the Project at no compensation above the GMP, except as may be
adjusted by a Change.
5.3. CHANGE IN FEES RELATING To SERVICES FOR MODIFICATION OF DESIGN.
For Changes to the drawings and specifications requested by the Owner after Owner's approval of the final drawings and specifications, if such
changes materially add to the Scope of Work, the Private Entity shall, upon the written request of the Owner's Representative, make the necessary
design drawing and specification revisions; prepare and issue requests for proposal describing the modifications; prepare estimates, drawings and
specifications as required; evaluate proposals and make recommendations to the Owner's Representative. The amounts payable by Owner for
services under this paragraph will be negotiated in good faith among the parties and based on hourly rates consistent with the fee schedule set forth in
Exhibit L
SECTION 6
SAMPLES
6.1. SAMPLE APPROVAL.
After issuance of the notice to proceed with construction, the Private Entity shall furnish to the Owner's Representative samples required by the
specifications or reasonably requested by the Owner's Representative, for the Owner Representative's approval. The Owner's review and approval
shall not be unreasonably withheld, conditioned, or delayed and shall be made in a time frame so as not to delay the Private Entity or Contractor.
Samples shall be delivered to the Owner's Representative as specified or as directed. The Private Entity shall prepay all shipping charges on samples.
Materials or equipment for which samples are required may not be used in the Work until the Owner's Representative approves them in writing.
Approval of a sample is only for the characteristics or use named in the approval and may not be construed to change or modify any requirement of the
Contract Documents. Substitutions are not permitted unless approved in writing by the Owner's Representative.
6.2. LABELS.
Each sample must be labeled to show:
a. Name of Project building or facility, Project title, and contract number;
b. Name of Private Entity and (if appropriate) Prime Construction Contractor and subcontractor;
c. Identification of material or equipment, with specification requirement;
d. Place of origin; and
e. Name of producer and brand (if any).
6.3. MARKINGS.
Samples of finish materials must have additional markings that will identify them under the finish schedules.
6.4. COVER LETTER.
The Private Entity shall mail under separate cover a letter, in triplicate, submitting each shipment of samples and containing the information required in
Sections 6.2 and 6.3 above. The Private Entity shall also enclose a copy of that letter with the shipment and fax or send a copy to the Owner's
Representative on the Project.
6.5. USE OF SAMPLES.
Approved samples not destroyed in testing will be sent to the Owner's Representative at the Project. Approved samples of hardware in good condition
will be marked for identification and may be used in the Work. Materials and equipment incorporated in the Work must match the approved samples.
Samples not destroyed in testing and not approved will be returned at the Private Entity's expense if the Private Entity so requests in writing at the time
of submission.
6.6. FAILURE.
Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this Agreement, any further samples of the same
brand or make of that material. The Owner reserves the right to disapprove any material or equipment that has previously proved unsatisfactory in
service as reasonably determined by Owner.
6.7. TESTING.
Samples of materials or equipment delivered on the site or in place may be taken by the Owner's Representative for testing. Failure of a sample to
meet the requirements of the Contract Documents may void previous approvals of the item tested. The Private Entity shall replace materials or
equipment found not to have met requirements of the Contract Documents, unless Owner, in its sole discretion, elects to accept an equitable downward
adjustment to the GMP in lieu of such replacement.
6.8 COST OF TESTING.
The Owner shall provide and pay for all costs of construction testing, including sampling, field tests, laboratory tests, inspection services to verify soil
classifications, moisture density of soils, observation of subgrades to receive compacted structural fill for building and pavement support, observation of
pavement subgrades to receive compacted base course material, observation of fill placement and field density testing, observation of footing
subgrades to evaluate suitable bearing, observation of concrete pours, field concrete slump testing, air content testing, molding of concrete cylinders,
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laboratory curing and compression testing of concrete, observation of steel installation, ultra-sonic testing of steel moment connections, steel weld
testing. The Owner shall provide to the Private Entity written reports of observations, recommendations, and testing activities as the Project
progresses. The Private Entity shall include and list all applicable tests required by ASTM in the specifications. The specifications will also include all
tests and inspections required by Codes and Standards. However, the Private Entity shall be responsible for providing the coordination and submission
of the reports of special inspections.
The Owner will pay for the costs of any additional tests the Owner deems necessary, including those related to engineering services, unless such tests
indicate that the workmanship or materials used by the Private Entity are not in conformance with the Construction Documents, approved shop
drawings, or the approved materials. In this event, the Private Entity shall pay for the tests, remove all Work and material failing to conform, and
replace with Work and materials in full conformity, without additional cost to the Owner, and to the Owner's satisfaction.
6.9 INVENTORY OF SAMPLES.
The Private Entity shall maintain an inventory of all approved samples until final inspection of the Project. Such samples shall be available to Owner for
additional viewing, inspection and testing, as deemed necessary by Owner, at all times.
SECTION 7
MEASUREMENTS, DRAWINGS, SPECIFICATIONS
7.1. REQUIREMENT FOR VERIFICAllON OF MEASUREMENTS/ON SITE DOCUMENTS.
a. The Private Entity shall keep at the site copies of all drawings and specifications related to the Contract Documents and shall at all time give the
Owner's Representative and any designated representative access to them.
b. When the word "similar" appears on the drawings, it has a general meaning and must not be interpreted as meaning identical, and all details must
be worked out in relation to their location and connection with other parts of the Work.
c. In case of discrepancy either in figures, drawings, or specifications, the matter must be promptly submitted to A-E, who shall provide a
determination in writing, for approval by the Owner's Representative in writing. Any adjustment by the Private Entity without such approval will be
at the Private Entity's own risk and expense. The Private Entity shall furnish from time to time such detailed drawings and other information as
may be deemed reasonably necessary by Owner's Representative.
d. Any discrepancies between the requirements of the Contract Documents and the existing conditions shall be referred to the Owner's
Representative for a determination in writing before the Private Entity performs any Work affected by these discrepancies.
7.2. DRAWINGS AND SPECIFICAllONS REQUIREMENTS.
The following requirements apply to Private Entity's responsibility to cause the Plans and Specifications to be properly prepared:
a. Required technical specifications shall be prepared in accordance with industry standards. Specifications must be complete, concise, and free of
repetition and ambiguity.
b. The specifications shall be subm itted on 8-1/2"x11" sheets.
c. If guide specifications are not furnished, typical specifications developed and used by the A-E in general practice consistent with the industry
standards shall be used in preparing contract specifications. The CSI Format for Construction Specifications, CSI Document MP-2A, shall be used
in the arrangement of Project specifications.
d. Testing to establish compliance with the Contract Documents for critical items or critical portions of the Work shall be specified by the Private
Entity.
e. Submittals such as shop drawings, samples, and certificates shall be specified as necessary to establish compliance with the Contract Documents
for critical portions of the Work. The Private Entity should not require submittals for minor commercial items or for items of marginal value. The
Private Entity shall include in the mechanical and electrical sections the extent of a manufacturer's literature, rating data, performance curves,
spare part lists, and shop drawings that must be furnished for review and approval before procurement.
f. The specifications shall require the Private Entity to make field tests of heating and air conditioning systems to demonstrate that the equipment will
perform as required. The results of the tests are to be submitted before the final inspection. Manufacturer's representatives may be required for
inspection, start-up, and instructions in the operation and maintenance of equipment and the Private Entity shall ensure their presence for such
purposes if requested by the Owner.
g. The specifications shall require that the Private Entity furnish manufacturer's manuals, spare parts lists, diagrams, instructions, performance data, .
curves, and shop drawings as approved for major items of equipment to be installed in the Work.
h. [Not used.]
i. All final drawings shall be detailed working drawings as necessary for efficient execution of the construction Work. They must conform with the
above general requirements and the requirements previously stated. All original drawings must be prepared at an adequate scale to properly
present the design data development including detailed features. Drawing scales for buildings or structures smaller than 1/8-inch = 1 '-0" are not
permitted without prior written approval of the Owner's Representative.
j. The electrical design must be separated into two plans, when necessary to avoid congestion: one devoted to the power, receptacle, telephone, fire
alarm and intercommunication systems, and the other to lighting. Similarly, the plumbing and heating/air conditioning must be separated, when
necessary to avoid congestion. A minimum scale of 1/4-inch = 1 '-0" must be used for all details of areas of congestion such as mechanical rooms,
toilet rooms, and the like, and as may otherwise be reasonably designated by the Owner's Representative. Drawing scale for site, utility, or other
related Work, including details, must clearly and adequately reflect the design data developed. Drawings must be organized and provide
appropriate details of the site work (layout, grading, paving, and drainage) and the utilities (water, sewer, gas, power, and communications)
separate from the building and/or structure drawings.
k. All design submissions prepared using CADD support shall be accompanied by electronic files of the submission in a version compatible with
Owner's computer system.
I. Any discrepancies in figures, drawings, specifications, or submittals shall be promptly resolved by the Private Entity. Private Entity shall promptly
notify the Owner's Representative of any discrepancies in such drawings and/or specifications and confirm such notice in writing within five (5)
calendar days.
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m. The specifications shall include reasonable and standard training of Owner's personnel on the operation and maintenance of all systems and
equipment. In addition, the specifications shall include, to the satisfaction of the Owner, the development and submittal of operations and
maintenance manuals, five (5) copies for all systems and equipment
n. Private Entity shall be responsible for making all changes in the Work necessary to adapt and accommodate any Owner approved equivalent,
specified or nonspecified, product or item that it uses. The necessary changes shall be made at the Private Entity's sole expense.
7.3. SHOP DRAWINGS, SUBMITTALS, COORDINATION DRAWINGS, AND SCHEDULES.
If requested in writing by Owner, the Private Entity shall provide any of the items listed below in the manner set forth in this Section 7.3.
a. The Private Entity shall submit to the Owner's Representative, in triplicate, a schedule listing all items that will be furnished for review and approval
no later than thirty (30) days after Owner's final approval of Plans and Specifications. For example, the schedule must include shop drawings and
manufacturer's literature, test procedures, test results, certificates of compliance, material samples, and special guarantees, etc. The schedule
must indicate the type of item, contract requirement reference, the Private Entity's scheduled date for submitting the above items, identification of
the first scheduled activity and projected needs for approval answers to support procurement or installation. In preparing the schedule, reasonable
time will be allowed for review, approval, and possible re-submittal. Also, the scheduling shall be coordinated with the approved construction
progress chart. The Private Entity must revise and/or update the schedule as the Owner's Representative reasonably directs. Such revised
schedule must be made available to the Owner's Representative for monitoring.
b. The Private Entity shall submit to the Owner's Representative shop drawings, coordination drawings, and schedules for approval as required by
the specifications or other Contract Documents as follows:
1. Shop drawings shall include fabrication, erection, and setting drawings, schedule drawings, manufacturer's scale drawings, wiring and control
diagrams, cuts or entire catalogs, pamphlets, descriptive literature, and performance and test data.
2. Drawings and schedules, other than catalogs, pamphlets and similar printed material, shall be reviewed, signed and submitted in reproducible
form with three prints made by a process approved by the Owner's Representative. Upon approval, the reproducible form will be returned to
the Private Entity who shall furnish the number of additional prints, not to exceed ten. The Private Entity shall submit shop drawings in
catalog, pamphlet, and similar printed form in a minimum of four copies plus as many additional copies as the Private Entity may desire or
need for the use of subcontractors.
c. Before submitting shop drawings on the mechanical and electrical Work, the Private Entity shall obtain the Owner's Representative's written
approval of lists of mechanical and electrical equipment and materials as required by the specifications.
d. The Private Entity must check the drawings and schedules and coordinate them (by means of coordination drawings whenever required) with the
Work of all subcontractors and/or trades involved before submission, indicating approval on them. Drawings and schedules submitted without
evidence of subcontractors/trades' approval may be returned for resubmission.
e. Each shop drawing or coordination drawing must have a blank area 5 x 5 inches, located adjacent to th.e title block. The title block must display:
1. Number and title of drawing;
2. Date of drawing or revision;
3. Name of Project building or facility;
4. Name of Private Entity and, if appropriate, of Subcontractor submitting drawing;
5. Clear identity of contents and location on the Work; and
6. Project title and contract number.
7. Provide a unique 9 digit alphanumeric transmittal number containing the specification number (5 digits), sequence number (3 digits), and
iteration letter (1 digit) clearly identifying the stage of the submittal process.
f. Unless otherwise provided in this Agreement, or otherwise directed or specifically permitted by the Owner's Representative, shop drawings,
coordination drawings, and schedules must be submitted by Private Entity sufficiently in advance of construction requirements to permit 14
calendar days, excluding delivery time to and from the contractor, for checking and appropriate action by the A-E. Such items shall be submitted to
the Owner's Representative (2 copies) for review concurrently with the A-E's review.
g. Except as otherwise provided in subparagraph h. below, approval of drawings and schedules will be general and may not be construed as:
1. Permitting any departure from the requirements of the Contract Documents; or
2. Relieving the Private Entity of responsibility for any errors, including details, dimensions, and materials.
h. If drawings or schedules show variations from the requirements of the Contract Documents because of standard shop practice or for other
reasons, the Private Entity must clearly describe the variation in the letter of transmittal. If acceptable, the Owner's Representative may approve
any or all variations and issue an appropriate Change Order. If the Private Entity fails to describe these variations, it is not relieved of the
responsibility for executing the Work in accordance with the Contract Documents, even though the drawings or schedules have been previously
approved.
i. Shop drawings, samples, color schedules, catalog cuts, construction schedule, etc. submitted to Owner's Representative must first be reviewed by
the A-E to verify compliance with the Construction Documents. The Owner's Representative reserves the right to review building shop drawings,
and form work and falsework drawings. Such submittals shall be only in response to a specific request by the Owner's Representative.
The Private Entity shall prepare and submit equipment room layout drawings and drawings of areas where the equipment proposed for use could
present interface or space difficulties. Room layout drawings must conform to the requirements established for drawings. Layouts must be
submitted within 30 calendar days after completion of final construction drawings. Submittals describing the various mechanical and electrical
equipment items which are to be installed in the areas represented by the layout drawings must be assembled and submitted concurrently and
accompanied by the room layout drawings. Room layout drawings must show all pertinent structural and fenestration features and other items
such as cabinets required for installation and which will affect the available space. All mechanical and electrical equipment and accessories must
be shown in scale in plan and also in elevation and/or section in their installed locations. Duct work and piping also must be shown.
k. All shop drawings, ductwork drawings, and sprinkler drawings must be on 3D" by 42" sheets to fit the size of the Project drawings.
I. At the completion of the Project, updated ductwork drawings and sprinkler drawings must be submitted as part of the "As-Built" drawings
submission.
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m. All certificates required for demonstrating proof of compliance of materials with specification requirements, including mill certificates, statements of
application, and extended warranties, must be executed in quadruplicate and furnished to the Owner's Representative. It is the Private Entity's
responsibility to review all certificates to ensure compliance with the requirements of the Contract Documents and that all affidavits are properly
executed prior to submission to the Owner's Representative. Each certificate must be signed by an official authorized to certify on behalf of the
manufacturing company. Each certificate must contain the name and address of the manufacturer, the Project name and location, and the quantity
and date(s) of shipment or delivery to which the certificate(s) apply. Copies of laboratory test reports submitted with certificates must contain the
name and address of the testing laboratory and the date(s) of the tests to which the report applies. Certification shall not be construed as relieving
the Private Entity from furnishing satisfactory material, if, after test(s) are performed on selected sample(s), the material is found not to meet the
specified requirements.
n. The A-E shall review and approve all shop drawings and other items. All approvals must be in accordance with the terms of the Contact
Documents. Processing will be accomplished in accordance with the following procedure:
1. The Prime Construction Contractor shall transmit reproducible copies of shop drawings etc. to the A-E for review. Information copies of the
letter of transmittal, clearly identifying shop drawings, etc., shall at the same time be furnished to the Owner's Representative.
2. As a result of the A-E's review, each submittal will be marked by the A-E as follows:
"A-Action": The fabrication, manufacture and/or construction may proceed providing the Work is in compliance with the Contract Documents.
"B-Action": The fabrication, manufacture and/or construction may proceed providing the Work is in compliance with the A-E's notations and
the Contract Documents.
"C-Action": No Work shall be fabricated, manufactured or constructed and a new submittal is required. No submittal marked "C-Action" shall
be permitted on site.
(a) The Private Entity is responsible for obtaining prints of all "A-Action" and "B-Action" reproducible shop drawings and distributing them to
the field and to the subcontractors. Concurrently, two (2) copies of each print shall be provided to the Owner's Representative.
(b) The Private Entity is responsible for obtaining copies of all "A-Action" and "B-Action" manufacturer's descriptive literature, literature,
catalog cuts and brochures and distributing them to the Prime Construction Contractor. Concurrently, two (2) copies of each shall be
provided to the Owner's Representative.
(c) The Private Entity is responsible for submitting new shop drawings, brochures and/or samples to replace all "C-Action" items and
furnishing two (2) copies to the Owner's Representative.
o. The Private Entity is responsible for maintaining the Shop Drawing Log. An updated copy of the Log shall be furnished to the Owner's
Representative no less than monthly.
7.4. RECORD "AS BUilT" DRAWINGS.
a. The Private Entity shall, during the progress of the Work, keep a master set of prints on the job site (Record or also referred to as "As-Built"
drawings) on which is kept a complete, careful and neat record of all deviations from the Construction Documents made during the course of the
Work.
b. The Private Entity shall provide the Owner with one, complete, reproducible set of the Construction Documents incorporating the revisions and
changes made during construction up to acceptance of the Project. These updated plans and specifications shall reflect all changes to the
Construction Documents to indicate the "As-Built" conditions, including revisions in site and building area tabulations. These drawings and
specifications must be certified as to their correctness by the signature of the Private Entity and A-E and used in preparing a permanent set of "As-
Built" drawings.
c. In addition to reproducible submissions, the Private Entity must submit a CADD system electronic file for these "As Built" documents prepared with
a CADD system compatible with the Owner's AutoCAD system.
d. The Owner reserves the right to review "As-Built" documents at any time during the Project.
e. The Private Entity shall forward all "As-Built" drawings, specifications and photographs to the Owner's Representative not later than thirty (30)
calendar days after Project completion.
f. Any part of the costs associated with the preparation and completion of the "As-Built" drawings will not be paid to Private Entity by Owner until the
As-Built drawings are provided to and approved by the Owner's Representative.
7.5. SPARE PARTS DATA.
a. The Private Entity shall furnish spare-parts data for each different item of equipment furnished. The data must include a complete list of parts and
supplies, with current unit prices and sources of supply; a list of parts and supplies that are either normally furnished at no extra cost with the
purchase of the equipment, or specified to be furnished as part of the Contract Documents, and a list of additional items recommended by the
manufacturer to ensure efficient operation for a period of 360 days at the particular installation.
b. The foregoing does not relieve the Private Entity of any responsibilities under any of the specified and/or provided guarantees.
SECTION 8
Warranty
8.1. WARRANTIES.
The Private Entity warrants that all the Work furnished as part of the Services is or will be provided in accordance with the requirements of the Contract
Documents, free from any defect or inferior materials or equipment, which will not be outside acceptable tolerances as set forth in the Contract
Documents, and is of such quality workmanship as to meet the standard of care in Virginia for the type of Work performed, for a period of one vear
after the date of Substantial Completion of all of the Work as defined by Exhibit D, and, unless otherwise agreed by the Owner in writing, in Owner's
sole discretion, all materials and equipment are new. To be attached as Exhibit E, is a list of extended warranties that Private Entity is providing or is
assigning from manufacturers which would be in addition to the warranty mentioned above. All warranties provided or assigned by Private Entity shall
be cumulative, so as to maximize Owner's warranty protection. All warranties are subject to the reasonable approval of the Owner. Private Entity will
use diligent efforts to ensure such warranties shall not contain any indemnity requirements from the Owner, any limitation on liability, any reduction of
the applicable statute of limitations, any venue or forum selection clause other than the City of Roanoke, Virginia, or any requirement for mediation or
arbitration.
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8.2. REPAIRS.
If, within the applicable warranty period, the Owner or Owner's Representative finds that warranted Work needs to be repaired or changed because the
materials, equipment, or workmanship were inferior, defective, or not in accordance with the requirements of the Contract Documents, the Private Entity
shall promptly, upon notice from the Owner, and without additional expense to the Owner:
a Place in a condition consistent with the warranties and reasonably satisfactory to the Owner all of the warranted Work;
b. Correct all damage to equipment, the site, the building, or its contents that is the result of such unsatisfactory Work;
c. Correct any Work, materials, or equipment disturbed in fulfilling the warranty in a manner reasonably satisfactory to the Owner; and
d. Should the Private Entity fail to proceed promptly in accordance with the warranty, the Owner, after seven (7) days advance notice to the Private
Entity with the opportunity to cure within ten (10) days, unless an emergency does not allow for such time period, may have the Work performed by
others at the Private Entity's expense and Private Entity agrees to promptly pay the Owner for all such costs, including reasonable attorney's fees.
8.3 TRANSFER OF W ARRANTlES.
The Private Entity shall obtain each transferable guarantee or warranty of equipment, materials, or installation that is furnished by any manufacturer or
installer in the ordinary course of the business or trade. The Private Entity shall obtain and furnish to the Owner all information required to make any
such guarantee or warranty legally binding and effective, and shall submit both the information and the guarantee or warranty to the Owner in sufficient
time to permit the Owner to meet any time limit requirements specified in the guarantee or warranty or, if no time limit is specified, before completion
and acceptance of all Work under this Agreement.
8.4 NON-WAIVER.
Owner, by accepting any warranties or guarantees under this Agreement, does not waive any other legal right or remedy that Owner may have for
breach of this Agreement and/or for breach of any such warranties or guarantees.
SECTION 9
INSURANCE, BONDS AND RISK
9.1 BONDS.
Private Entity shall provide payment and performance bonds for 100% of the construction value of the Project. The bonds shall be provided when and
to the extent the Private Entity has been given a notice to proceed with construction at the site. The bonds shall make the Owner obligee and shall be
in a form acceptable to Owner. Sample bonds are attached in Exhibit H. The sureties providing the bonds shall be rated AVIII or higher, approved by
the Owner's Representative in writing, and authorized to do business in the Commonwealth of Virginia.
9.2 INSURANCE.
a. During the term of this Agreement, the Private Entity and its subcontractors must maintain the insurance required by this Section 9.2, and/or the
Private Entity must include such subcontractors under the Private Entity coverage, on an excess basis - excess of any other valid and collectible
insurance of the subcontractor. The Private Entity is fully responsible to verify the insurance coverage of any subcontractors, and the Private
Entity proof of coverage documentation must specifically so state that there exists no exclusion for Private Entity subcontractors. Insurance
companies providing such insurance shall be licensed in Virginia and shall be rated at least AVIII or higher by A.M. Best. Policies shall include all
terms and provisions normally included in a policy of the type specified. The Owner, its officers, employees, agents and representatives shall be
included as an additional insured on the liability policies, not including professional liability for the A-E.
b. Neither the Private Entity nor any subcontractor shall commence work for this Project until the Private Entity has provided proof of insurance as
required under this Section and such insurance has been approved by the City. The following minimum insurance requirements apply:
Workers' Comoensation and Em plovers' Liabilitv. The Contractor shall obtain and maintain the following limits:
Workers' Compensation: Statutory
Employers' Liability:
$100,000 bodily injury by accident each occurrence
$500,000 bodily injury by disease (policy limit)
$100,000 bodily injury by disease each employee
Commercial General Liabilitv. Coverage is to be written on an "occurrence" basis, $5,000,000 minimum limit, and such coverage shall
include at a minimum:
Design/ Build Errors and Omissions either as an Extension of this policy or as separate coverage
Aggregate limit applies on a "per job basis"
Products/Completed Operations
Personal Injury and Advertising Injury
Bodily Injury
Delete X, C, U exclusions
Rigger's Liability stating 'on hook' coverage
Automobile Liabilitv: Limits for vehicles owned, non-owned or hired shall not be less than:
$5,000,000 Bodily Injury and Property Damage combined single limit
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Umbrella Coveraqe
Required limits may be achieved by combining underlying primary coverage with umbrella liability coverage to apply in excess of general and
automobile liability policies, including rigger's liability coverage.
c. The required certificates of insurance shall contain substantially the following statement: "The insurance covered by this certificate shall not be
canceled or materially reduced except after a thirty (30) day advance written notice has been furnished to the Owner."
d. The Private Entity and its subcontractors must furnish a certificate of insurance or, if required by the Owner's Representative, true copies of liability
policies and manually countersigned endorsements of any changes. Insurance must be effective, and evidence of acceptable insurance furnished
by Private Entity to Owner, before beginning performance under this Agreement. Evidence of renewal must be furnished not later than five days
before a policy expires.
e. The maintenance of insurance coverage as required by this Section 9.2 is a continuing obligation, and the lapse or termination of insurance
coverage without replacement coverage being obtained will be grounds for termination for default.
f. The Owner does not carry builder's risk insurance coverage. Private Entity shall provide builder's risk insurance for 100% of the completed value
and shall have Owner named as an additional insured. The Builder's Risk coverage shall include property in transit, on or off-premises that will
become part of the Project. The Builder's Risk coverage shall include any pre-existing portion of any building damaged as a result of the Project.
Private Entity shall procure and maintain a builder's risk insurance policy on an "all risk", 100% replacement cost basis, until completion and
acceptance of the Project. The Private Entity agrees to endorse the policy with a manuscript endorsement eliminating the automatic termination of
coverage in the event the building is occupied in whole or in part, or put to its intended use, or partially accepted by the Owner. The manuscript
endorsement shall amend the automatic termination clause to only terminate coverage if the policy expires, is cancelled, the Owner's interest in
the building ceases, or the building is finally accepted and insured by the Owner. Cessation of the Builder's Risk coverage shall be affirmatively
coordinated by Private Entity with the Owner. In addition, the builder's risk coverage must include ISO endorsement CP 11 20 06 01 or a
manuscript endorsement with similar wording, that includes coverage for use of defective materials or methods, or faulty design, plans,
specifications or workmanship, in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or
renovation.
g. Private Entity shall be responsible for filing and settling of all claims and liaison with insurance adjusters.
h. Neither the Private Entity nor any subcontractor shall commence Work under this Agreement until the Private Entity has obtained and provided
proof of the required insurance under this section to the Owner. The Private Entity confirms that all subcontractors have provided the Private
Entity with proof of insurance. Private Entity further warrants that proof of coverage as provided to the Owner responds on a primary basis in the
event of an uninsured or underinsured subcontractor. All such insurance shall.be primary and non-contributory to any insurance or self-insurance
the Owner may have in force.
i. The required certificates of insurance shall name the City of Roanoke, its officers, agents, volunteers, and employees as additional insureds
except with regard to the workers' compensation and employers' liability coverages. All coverages shall contain a waiver of subrogation in favor of
the City. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within thirty (30) calendar
days of the beginning of this Agreement. Certificate must also state that the aggregate limit applies on a per project basis.
j. Property Coverage - Installation Floater (and Rigger's Form, if applicable) will be required for the installation of contents or equipment, coverage
will begin with supplier and continue until equipment/contents has been fully installed. Floater will be valued for the replacement cost value of
equipment/contents including all costs. The Private Entity shall provide coverage for portions of the Work stored off-site after written approval of
the Owner at the value established in the approval and for portions of the Work in transit. Riggers Form extension to the General Liability
coverage may be on the Private Entity's insurance coverage, or may be a certificate from the crane company supplying this coverage and listing
the City of Roanoke, its officers, agents, volunteers, and employees, and the Private Entity and the subcontractors as additional insureds.
k. Special Hazards - In the event special hazards are evident in the Work contemplated, or if required by the Contract Documents, the Private Entity
shall obtain and maintain during the life of the Agreement a rider to the policy or policies required, in an amount not less than that stipulated under
the above paragraphs. Should any unexpected special hazards be encountered during the performance of this Agreement, the Private Entity shall,
prior to performing any Work involving the special hazard, immediately obtain this insurance as instructed by the Owner. In the event the special
hazard requiring the additional coverage was not a part of the GMP, the expense of such insurance shall be reimbursed to the Private Entity by the
Owner pursuant to a Change Order, otherwise the Private Entity shall assume full responsibility for the purchase with no charge back to the
Owner.
I. Limit of Liability - Nothing contained in these insurance requirements is to be construed as limiting the liability of Private Entity or Private Entity's
insurance carriers. Owner does not in any way represent that the coverages or the limits of insurance specified is sufficient or adequate to protect
Private Entity's interests or liabilities, but are merely minimums. The obligation of the Private Entity to purchase insurance herein shall not in any
way limit the obligation of the Private Entity in any event and/or in the event that the Owner should suffer an injury or loss in excess of the amount
recoverable through insurance.
9.3 ERRORS AND OMISSIONS.
a. The Private Entity shall cause the A-E to maintain Professional Liability insurance in the amount of $2,000,000 for errors and omissions.
b. Unless the aforementioned policy is prepaid, non-cancelable, and issued for a period at least equal to the term of this Agreement on an
occurrence basis, the Private Entity shall have the policy amended to include substantially the following provision: "It is a condition of this policy
that the company furnish written notice to the Owner thirty (30) days in advance of the effective date of any material reduction in or cancellation of
this policy."
c. The Private Entity shall cause the A-E to furnish a certificate of such insurance or, if required by the Owner's Representative, true copies of liability
policies and manually countersigned endorsements of any changes. Insurance must be effective, and evidence of acceptable insurance furnished
by Private Entity to Owner, before beginning performance under ,this Agreement. Evidence of renewal shall be furnished not later than five days
before a policy expires.
9.4 INDEMNIFICATION.
The Private Entity shall hold harmless, defend and indemnify the Owner and its officers, City Council and Council members, agents, representatives,
and employees from all claims, losses, damages, actions, causes of action, expenses, and/or liability, including any attorney fees, accountant fees,
expert witness fees, consultant fees, court costs, per diem expenses, traveling and transportation expenses, or other such related costs resulting from,
brought for, arising out of, or on account of (i) any personal injury or property damage of any type claimed, including any alleged wrongful death claim,
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received or sustained by any person, persons or property growing out of, occurring, or attributable to any Work performed under or related to this
Agreement, to the extent resulting in whole or in part from any acts or omissions of the Private Entity, any Subcontractor, or any employee, agent, or
representative of the Private Entity or any Subcontractor or anyone performing Work for the Project through them, (ii) any mechanics' or construction
liens arising as a result of the Work, (iii) any failure of the Project to comply with any applicable governmental laws, ordinances, rules and regulations
except as otherwise specifically directed by the Owner, and/or (iv) arising in any way out of or resulting from Private Entity's acts or omissions relating to
this Agreement or any of the Work provided thereunder; provided, however, that such obligation by Private Entity to indemnify and hold Owner harmless
shall not apply to any claim, loss, damage, action, cause of action, expense or liability (including the fees and costs associated therewith) to the extent
proximately caused by the fault or negligence of Owner or any of its agents or employees.
9.5 BANKRUPTCY.
In the event the Private Entity enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Private Entity shall immediately notify
Owner's Representative. The notification shall be sent to ensure its receipt within five (5) days of the initiation of the bankruptcy proceedings. The
notification shall include the date on which the bankruptcy petition was filed, the court in which the petition was filed, and a list of Project contracts for
which final payment has not yet been made. This obligation remains in effect until final payment under this Agreement. If a surety on any bond
furnished in connection with this Agreement or any insurance carrier providing coverage in connection with this Agreement becomes insolvent, the
Private Entity shall promptly replace the bond or insurance policy with one which is equivalent and acceptable to Owner.
SECTION 10 NOTICES TO PROCEED. COMMENCEMENT AND COMPLETION
1 0.1INIT1AL NOTICE TO PROCEED.
Execution of this Agreement by Owner constitutes Notice to Proceed with design and Construction Document preparation.
10.2 NOTICE TO PROCEED FOR CONSTRUCTION, PROSECUTION, AND COMPLETION OF WORK.
No construction Work may be performed by or through Private Entity except pursuant to a Notice to Proceed with construction for each phase issued by
the Owner's Representative. The Private Entity shall:
a. Commence Work under this Agreement within ten (10) days after the date of the Notice to Proceed from the Owner's Representative,
b. Prosecute the Work diligently, and
c. Substantially complete each phase of the construction Work in accordance with Exhibit D, TIME BEING OF THE ESSENCE.
The parties anticipate and permit some Work (preliminary sitework, demolition, shop drawings, fabrication, general conditions work, etc.) to be
performed prior to the full commencement of construction. The time stated for completion includes cleanup of the site. Private Entity shall achieve
Final Completion as soon as possible but not later than thirty (30) calendar days after Substantial Completion. At the time of receipt of the building
permit and monthly thereafter, Private Entity shall consult with the Owner's Representative with regard to the likely Substantial Completion date and
earlier occupancy dates so as to allow the Owner to plan its occupancy of the facility.
10.3 NOTICE OF DELAY.
Immediately, and in no event no later than ten (10) days after first becoming aware of any difficulties that might cause any delay in Substantial
Completion under this Agreement, the Private Entity shall notify the Owner's Representative in writing of them. The notification must identify the
difficulties, the reasons for them, and the estimated period of delay anticipated. Failure to give such notice in strict compliance with this Section 10.3 will
waive any right by Private Entity to make a claim based upon such delay. Such notice shall be a condition precedent to Private Entity's right to pursue
any claim for an adjustment to payment or schedule based upon such delay.
10.4 LIQUIDATED DAMAGES FOR DELAY.
A. City and Private Entity recognize that time is of the essence in the completion of the Work and that City will suffer loss or damages if the Work is
not completed within the period of time stipulated, plus any extensions thereof allowed in accordance with the Agreement. The parties also
recognize the delays, expense, and difficulties involved in proving the actual loss or damages suffered by City if the Work is not completed on
time. Accordingly, if such Work is not Substantially Completed within the period of time set forth in this Agreement in Exhibit D, the Private Entity
agrees it shall owe to and pay to City as liquidated damages for loss of City's full use or occupancy of the Work, but not as a penalty, the sum of
five hundred Dollars ($500.00) as step one liquidated damages for each and every consecutive calendar day of delay beginning thirty (30) days
after the date set for Substantial Completion. Once the Work is Substantially Complete, the accrual of step one liquidated damages shall stop and
the Private Entit~ shall have thirty (30) calendar days in which to achieve Final Completion of the Work. If Final Completion of the Work is not
achieved by the 30th day after Substantial Completion has been achieved, and if no extension of such time period has been granted by the City,
then Private Entity shall owe the City the additional amount of step 2 liquidated damages as set forth in subsection "b" below.
b. The Private Entity agrees it shall owe to and pay to City as liquidated damages the sum of three hundred Dollars ($300.00) as step two liquidated
damages for each consecutive calendar day during which Final Completion of the Work is delayed or exceeds the number of days provided for in
this Agreement in Exhibit D. Private Entity further agrees that any liquidated damages City assesses against Private Entity may also be withheld
by City from any retainage or other sums City may otherwise owe to Private Entity. Private Entity hereby waives any defense as to the validity of
any liquidated damages on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages.
The liquidated damages provided herein shall be in lieu of all liability for any extra costs, losses, expenses, claims, penalties and any other
damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving
Substantial Completion or Final Completion as set forth in this Agreement, but such liquidated damages shall not preclude any other damages the
City may be entitled to recover from the Private Entity for other than any such delay in completion of the Project.
c. If Final Completion is achieved prior to the time set forth in this Agreement or any agreed upon extension thereof, the Owner shall owe to and pay
to the Private Entity the sum of Three Hundred Dollars ($300.00) as an early completion bonus for each and every consecutive calendar day of
early completion. Provided, however, the maximum payment by Owner to Private Entity for the early completion bonus shall not exceed a total of
Nine Thousand Dollars ($9,000.00). Such payment will be included in the Final Payment by the Owner to the Private Entity.
10.5 SUSPENSIONS AND DELAYS.
a. If the performance of all or any part of the Work of this Agreement is suspended, delayed, or interrupted solely by:
1. An order or act of the Owner's Representative in administering this Agreement; or
2. Bya failure of the Owner's Representative to act within the time specified in this Agreement or within a reasonable time so as not to delay the
Work of the Private Entity.
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Then the Private Entity may request an equitable adjustment to the amount and/or time due under this Agreement due to any increased costs
directly caused by the delay or interruption (including the direct costs incurred during any suspension or interruption), arid in the schedule and any
other contractual term or condition affected by such suspension, delay, or interruption. However, no adjustment may be made under this Section
10.5.a. for any delay or interruption of performance that has been delayed or interrupted in any way by the action, omission, fault or negligence of
the Private Entity or those providing Work through Private Entity.
b. A claim under this clause will not be allowed for any costs incurred before the Private Entity has notified the Owner's Representative in writing of
the act or failure to act involved, or if Private Entity has failed to follow the procedures of Section 17 of this Agreement for such claim.
10.6 EXCUSABLE DELAYS.
Private Entity shall not be in default by reason of an excusable failure in performing this Agreement in accordance with its terms (including any failure by
the Private Entity to make progress in the prosecution of the Work that endangers performance) if such failure arises out of causes beyond the control
and without the fault or negligence of the Private Entity or those providing any services through Private Entity. Such causes may include, but are not
restricted to, acts of God or of the public enemy, acts of the Owner, fires, severe floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and unusually severe and extreme weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of
the Private Entity or those providing any of the Services through Private Entity, including without limitation, the A-E, the Prime Construction Contractor,
and any subcontractor, who shall plan for all contingencies which can be reasonably anticipated, such as unfavorable weather. Contingencies which
can be reasonably anticipated shall not be considered a basis for claiming an excusable delay. However, Private Entity must notify Owner's
Representative in writing within 10 days of Private Entity's knowledge or when Private Entity should have reasonably known, of any such event and
such notice is a condition precedent to any such claim. Furthermore, Private Entity shall not be entitled to any additional compensation for such events,
but only to a reasonable time extension as agreed by the parties. Owner's Representative may disallow such a claim for an excusable delay if such
claim does not meet all the requirements of this Agreement.
10.7 CONSTRUCTlON SCHEDULE! PROGRESS CHART.
a. Within ten (10) working days after receiving Notice to Proceed, the Private Entity shall prepare and submit to the Owner's Representative a
complete detailed design and construction schedule in the form of an electronic file and six (6) copies of a practical progress chart. The schedule
shall show the principal categories of work, corresponding with those used in the breakdown on which progress payments are based, the order in
which the Private Entity proposes to carry on the Work, the date on which it will start each category of Work, and the contemplated dates for
completion. The design and construction schedule must be in suitable scale to indicate graphically the total percentage of Work scheduled to be
in place at any time. The Private Entity shall use a Critical Path Method (CPM) format. This schedule shall use Scheduling software compatible
with the Owner's (Primavera Scheduler), including sitework, procurement, delivery, significant owner activities, and installation of construction
materials and equipment. Activities shall be organized by work areas, work breakdown structure, and shall be cost loaded to facilitate approval of
progress payments. No activity shall have a value exceeding $250,000 dollars, or a duration longer than 10 working days, without prior approval of
the Owner's Representative. A critical path shall be developed based on scheduling logic that identifies all successor and predecessor activities
and float. Activities of like duration, programmed for different times of the year shall be modified to account for weather that can reasonably be
expected by the Private Entity as indicated in Exhibit G. Activity constraints shall be avoided. Such software and schedule shall be compatible with
the Owner's computer system and scheduling software.
At the end of each progress payment period, or at such reasonable intervals as directed by the Owner's Representative, the Private Entity shall:
1. Revise the design and construction schedule to reflect any changes in the Work, completion time, or both, as approved by the Owner's
Representative;
2. Enter on the design and construction schedule the total percentage of Work actually in place; and
3. Submit three (3) copies of the adjusted design and construction schedule, and a complete electronic update, to the Owner's Representative.
b. If at any time the Wor~ falls behind the design and construction schedule after taking into consideration any excusable delays as defined above,
Private Entity shall take such action as necessary to improve progress. The Owner's Representative may require the Private Entity to submit a
revised design and construction schedule demonstrating its proposed recovery plan to make up the lag in scheduled progress. The.plan shall
show how the Private Entity shall achieve recovery by increasing resources and/or work times, (if approved by Owner). If the Owner's
Representative finds the proposed plan unacceptable for good cause shown, the Private Entity may be required to. submit a new plan. If the new
plan submitted is not reasonable, after consultation with the Private Entity, the Owner's Representative may require the Private Entity to increase
the work force, accelerate the planned construction volume, increase assigned construction equipment, or the number of work shifts, or take other
appropriate action, all without increase to the GMP.
c. [Not used.]
d. Failure of the Private Entity to materially comply with any of these requirements will be considered grounds for a determination by the Owner's
Representative that the Private Entity is failing to prosecute the Work with such diligence as will ensure its completion within the time specified.
10.8 EXCEPTlON TO COMPLETlON SCHEDULE AND L1ciUIDATED DAMAGES.
In cases where the Owner's Representative determines in writing that sodding and/or planting and/or specified maintenance thereof is not feasible
during the construction period, such Work will be excepted from the completion schedule and the liquidated damages provision of Section 10.4.
However, such Work must be accomplished or completed during the first sodding and/or planting period or the specified maintenance period following
the original completion date within the same number of days originally scheduled, or remaining from such schedule, for such activity.
SECTION 11
PRIVATE ENTITY RESPONSIBILITIES
11.1 PERFORMANCE AND SUPERINTENDENCE OF WORK By PRIVATE ENTlTY.
a. The Private Entity shall be responsible for providing all the services called for by this Agreement.
b. The Private Entity must give personal superintendence to the Work either in person or by having a foreman or superintendent on the Private
Entity's payroll, approved by the Owner's Representative, with authority to act on behalf of the Private Entity, on the site at all times Work is in
progress.
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1. A minimum of one Private Entity's superintendent (on the Private Entity's payroll) must be provided on site to be responsible for coordinating,
directing, inspecting, and expediting the Work of the Prime Construction Contractor and its subcontractors.
2. It is contemplated that all Work will be performed during normal working hours, between the hours allowed by City ordinance, unless
otherwise specified in this Agreement. Work performed by the Private Entity at its own volition outside such normal working hours shall be at
no additional expense to the Owner. The Private Entity's material and equipment deliveries must not interfere with the arrival or departure of
Owner employees, staff and visitors to existing facilities.
c. The Private Entity must refer requests received from persons in the Work area to change the hours of Work, including anticipated cost and
schedule impact, to the Owner's Representative for resolution.
d. The Private Entity shall submit a daily construction report by noon of the following working day on a form provided by the Owner's Representative.
The report shall indicate the number of people by trade or craft, and the type and location of Work. The report shall include subcontractors, safety
and quality violations observed, corrective measures taken to correct the violations, and other information requested by the Owner's
Representative. The Owner's Representative may modify the requirements of this report as the Project progresses.
11.2 MATERIALS AND WORKMANSHIP.
a. Unless otherwise specifically provided, all equipment and materials incorporated in the Work must be new, first quality and in compliance with the
Contract Documents. Unless otherwise specifically provided, reference to any equipment, material, or patented process by brand name, make, or
catalog number establishes a standard of quality only. The Private Entity may substitute any equipment, material, or process that the Owner's
Representative finds to be equal to that named, which finding shall be in writing and in Owner's Representative's discretion.
b. In the event of substitution in accordance with subparagraph a above, the Private Entity shall furnish to the Owner's Representative for approval
the manufacturer's name, the model number, and any other relevant information on the performance, capacity, nature, and rating of equipment or
materials proposed for substitution. If requested by the Owner's Representative, samples must be submitted for approval at the Private Entity's
expense, shipping charges prepaid. Materials or processes substituted without the Owner's Representative's approval may be rejected by Owner.
c. The Private Entity shall obtain the Owner's Representative's written approval of the machinery and mechanical equipment incorporated into the
Work. The Private Entity shall submit samples of all materials and equipment as required by the specifications. Owner approval or rejection shall
be based upon the Contract Documents.
d. All Work shall be performed in a skillful and workmanlike manner. The Owner's Representative may, in writing, require the Private Entity to remove
from the Work any employee of the Private Entity, or any subcontractor or its employee, the Owner's Representative has reason to deem
incompetent, careless, or otherwise objectionable. The Private Entity shall immediately remove from the Work any employee or any subcontractor
or its employee so designated. If Private Entity reasonably disagrees with Owner's objection, Private Entity may request a Change under Section
17.
11.3 RESPONSIBILITY FOR DESIGN.
a. It is understood and agreed that this Agreement includes design services. The Private Entity may engage Persons who are design and
engineering professionals to provide design services for the Project. The Private Entity represents that the design professionals providing services
for the Project include Persons with required Virginia licenses and registrations. The Private Entity further represents that the structural, electrical,
mechanical and other engineering disciplines necessary for the design of the Project will be under the direct supervision of licensed professional
engineers who are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia.
b. The Private Entity is responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and
other Services furnished by the Private Entity under this Agreement. The Private Entity must, without any changes to the Project cost or schedule,
correct any errors or deficiencies in any of the designs, drawings, specifications, and other Services, all at no costs to the Owner.
c. As part of the Private Entity's responsibility under this Agreement, the Private Entity shall ensure that the design and construction of the Project
shall comply with all applicable Codes and Standards, including without limitation the Americans with Disabilities Act.
d. Any Owner review, approval, or acceptance of, or payment for, any of the services required under this Agreement shall not be construed to and
does not relieve Private Entity of any obligation under this Agreement.
e. The rights and remedies of the Owner provided for under this Agreement are in addition to any other rights and remedies provided by law.
11.4 USE OF PREMISES.
a. The Private Entity, the Prime Construction Contractor, and any subcontractors and their employees shall comply with the regulations governing
access to, operation of, and conduct while on the site as shown in Exhibit A attached hereto and shall perform the Work required under this
Agreement so as not to unreasonably interfere with the conduct of Owner's business or use and occupancy by Owner tenants except as indicated
in Exhibit B.
b. As permitted by the site conditions, the Private Entity shall separate its personnel, the Prime Construction Contractor's personnel, and
subcontractors' personnel from Owner visitors, employees, and Owner property not involved in the Project. The Private Entity shall cordon off the
construction area using barricades or other means to achieve this separation.
c. Any requests received by the Private Entity from persons, or persons in the area, to change the sequence of Work shall be referred to the Owner's
Representative.
d. The Private Entity, any subcontractors, and their employees will not have access to any Owner facility outside the scope of this Agreement without
permission of the Owner's Representative except as provided in Exhibit B.
e. Where available, Private Entity may use utility services of the building only if the Owner's Representative determines sufficient capacity is available
to support the Work and confirms such determination in writing. Private Entity, Prime Construction Contractor, or subcontractor employees may
not use the toilet facilities. No cleaning of tools, including painting equipment/brushes, is permitted in the toilet or janitorial facilities, and all such
cleaning must be done in accordance with applicable laws, rules, and regulations.
f. Private Entity shall provide a Site Utilization Plan for Owner review at the time of the 35% design development submission. Such plan should
show access points, phasing, laydown areas, fenced and protected areas, and mobile office locations at a minimum.
11.5 LICENSES, PERMITS AND RESPONSIBILITlES.
a. The Private Entity is responsible for obtaining any necessary licenses and permits at Private Entity's expense, and for complying with the Codes
and Standards in connection with the prosecution of the Work. The Private Entity is responsible for identifying and obtaining (or causing to be
obtained) all necessary licenses and/or permits. The Private Entity is responsible for all injury to persons or damage to property that occurs as a
result of its actions. The Private Entity must take proper safety and health precautions to protect the Work, the workers, the public, and the
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property of Owner and others. The Private Entity is responsible also for all materials delivered and Work performed until completion and
acceptance by Owner of the entire construction Work and Project. .
b. The Private Entity shall demonstrate and be responsible for compliance with all environmental permit, assessment, or impact statement
requirements and/or regulations identified in the Contract Documents and/or as may be required by law prior to, and during the Project.
11.6 BUILDING CODES, FEES, AND CHARGES.
a. The Private Entity shall comply with all state and local building code requirements, including all inspection requirements.
b. The Private Entity shall pay all fees and charges for temporary connections to outside services and for use of property outside the site.
11.7 FEDERAL, STATE, AND LOCAL TAXES.
a. The GMP includes all applicable federal, state, and local taxes and duties.
11.8 IDENllFICA1l0N OF CONTRACT DELlVERABLES.
Unless otherwise specified, the cover page of each document prepared and submitted by the Private Entity to the Owner under this Agreement shall
include the following information:
a. Name and business address of the Private Entity.
b. Contract number.
c. Name, position, and office location of the Owner's Representative's.
d. Date of document.
e. Printed name, signature, and title of the person signing for the Private Entity.
11.9 PATENT AND COPYRIGHT INDEMNITY.
a. Except as provided in this Section 11.9, the Private Entity shall indemnify, defend and hold harmless the Owner, its employees, officers, Council,
Council members, representatives and its agents against any liability, including other such costs and fees as further set out in Section 9.4 above,
from any claim of patent and/or copyright infringement (or unauthorized use) arising in any way from any of the Services provided by or through
Private Entity for the Project.
b. The Owner shall promptly notify the Private Entity of any claim or suit subject to subparagraph a above.
c. The indemnification provided for in this Section 11.9 does not apply to claims of infringement of a patent and/or copyright resulting from (i) the
Owner's negligence; or (ii) after Private Entity notifies Owner in writing of a potential infringement, Owner's written direction to Private Entity to
proceed, compliance with which requires the infringement.
d. The provisions of this Section 11.9, or provisions substantially similar to this Section 11.9, must be included in all subcontracts with design
professionals under this Agreement, at any tier.
11.10 NON-DISCLOSURE.
The Private Entity shall not disclose any information received from the Owner that is marked confidential unless such disclosure is required by law or
approved by the Owner, such approval not to be unreasonably withheld or delayed, or becomes available to Private Entity from a third party through
proper means or readily available to the general public.
11.11 DEBRIS AND CLEANUP.
a. On a daily basis during the progress of the Work, the Private Entity must remove and dispose of the resultant debris and keep the site neat and
clean.
b. The Private Entity shall, upon completion of each phase of the Work, remove all construction equipment and surplus materials (except materials or
equipment that are to remain on Owner property as provided by this Agreement), and leave the site in a clean, neat, and orderly condition
reasonably satisfactory to the Owner's Representative.
11.12 HEAT.
Unless otherwise specified, or unless directed otherwise by the Owner's Representative in writing, the Private Entity shall provide heat as necessary to
protect all Work, materials, and equipment against injury from dampness and cold, and in the case of information technology and/or
telecommunications equipment requiring the same, air conditioning, to protect it from heat and humidity.
11.13 ENGLISH LANGUAGE REQUIREMENT OF ON-SITE SUPERINTENDENT.
The Private Entity's on-site superintendent must be able to speak, read, and write English to the extent necessary to permit reasonable communication
with Owner personnel, and to also be able to effectively communicate with all of the Private Entity's employees and the Private Entity's A-E,
subcontractors, Prime Construction Contractor, and their employees and agents.
11.14 SUBSllTUTE MATERIALS OR METHODS.
Where the technical provisions permit the Private Entity to propose substitute materials, items, systems, or equipment, the selection of such options is
subject to the following conditions:
a. Once a substitute has been selected and approved by the Owner's Representative, it must be used for the entire Project unless the Private Entity
has proposed, and Owner's Representative has approved, the substitute for a limited application;
b. The Private Entity must coordinate its selection with the drawings and specifications and the A-E; and
c. Substitutions proposed by Private Entity shall be at no increase to the GMP.
11.15 AoVERllSING OF AWARDS.
Except with the Owner's Representative's prior written approval, the Private Entity agrees not to refer in its commercial advertising to imply in any
man,ner that the Owner endorses its products.
11.16 GROUND BREAKING CEREMONIES.
Private Entity agrees to participate in groundbreaking ceremonies at a time specified by the Owner.
11.17 [Not used.]
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SECTION 12
OWNER RIGHTS AND RESPONSIBILITIES
12.1 OWNER'S REPRESENTATIVE.
The. Owner may appoint an Owner's Representative, who may be either an Owner employee or a contractor. The name, address, telephone number,
and specific responsibilities, authority, and limitations of the Owner's Representative will be provided to the Private Entity in writing. The Owner's
Representative may, in Owner's sole discretion, be removed or replaced by Owner at any time without prior notice to the Private Entity, but notification
of the change, including the name and address of any successor Owner's Representative, will be provided promptly to the Private Entity by the Owner,
in writing.
12.2 SITE VISITS.
a. The Owner from time to time during construction may desire to conduct groups of guests on visits to the site of the Work. These tours will be
authorized by the Owner's Representative or his/her appointed representative. In such event the Private Entity shall cooperate by providing
reasonable access to and posting signs to give notice of dangerous areas, providing hard hats, and making such other arrangements for the safety
and convenience of the guests as may be required. The Owner's Representative shall give the Private Entity as much advance notice of any such
visits as is practical and to the maximum practicable extent shall schedule any such visits so as not to interfere with the progress of the Work.
12.3 OWNER-DIRECTED STAFFING CHANGES.
a. Should the Owner's Representative reasonably deem it to be in the best interests of the Owner to require the removal of any person working on or
under this Agreement, that person must be immediately removed from the Work upon notice from Owner's Representative to take such action. If
Private Entity does not agree with such action, the Private Entity may within 3 days of receipt of such notice request the City Engineer to review
and make a decision on the matter, which the decision shall be final.
b. "Person," as used herein, means any individual providing Work through the Private Entity.
12.4. EXAMINATION OF RECORDS.
a. The Owner and its authorized representatives shall, during the Project and until five (5) years after final payment under this Agreement, have
access to and the right to audit, copy and/or examine any pertinent books, documents, papers, or other records of the Private Entity involving any
transactions or items related to this Agreement.
b. [Not used.]
c. For the purposes of this Section 12.4, the Private Entity agrees to provide Owner, at no cost to the Owner, adequate and appropriate work space at
the Private Entity's facilities in order to conduct such examinations and to provide the Owner with one copy of any requested documents at no
charge to Owner.
12.5 OWNERSHIP OF WORK PRODUCT.
a. Work Product: All drawings, specifications and other documents and electronic data obtained or prepared by, or for, the Consultant for the Owner
or for the Project or furnished by the Private Entity to the Owner under this Agreement and the copyrights thereto ("Work Product") does hereby
become the property of the Owner.
b. Owner may use the Work Product in connection with Owner's occupancy and use of the Project, including for maintenance and repairs, future
renovations, and expansions, and for any other purpose related to the Project Owner deems appropriate, without any restriction or limitation.
c. Private Entity shall include in its contract with its A-E and have included in contracts with any design professionals providing any services for this
Project provisions that require all design professionals providing any services for the Project to agree to this section 12.5, and Private Entity shall
indemnify, defend and hold harmless Owner and its agents, employees, architects, engineers, consultants and contractors from any claim of
copyright infringement or unauthorized use by any Person based upon Owner's use of the Work Product pursuant tothis Section 12.5; provided,
however, the obligations to indemnify, defend and hold harmless shall not apply to any such claim based on infringement or violation of a patent or
copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by
the Private Entity to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. To the extent
permitted by law Owner will be responsible to the extent any claims arise and are based on the events set forth in (i) or (ii) above. The Private
Entity further agrees to take any action and execute any documents necessary to accomplish the provisions of this Section 12.5.
d. Nothing in this Section 12.5 shall be deemed to relieve Private Entity or any design professionals providing services through Private Entity of their
obligation under this Agreement that all design and design services provided for this Project meet the standard of care in Virginia for the
applicable design professional providing such design or services.
12.6 SURVEY MONUMENTS AND BENCHMARKS.
a. The Private Entity will establish such general reference points, for written approval by the Owner's Representative, as will enable the Private Entity
to proceed with the Work. The Private Entity shall provide new monuments where shown or specified. If the Private Entity finds that any previously
established reference points have been destroyed or displaced, or that none have been established, the Private Entity shall promptly notify the
Owner's Representative.
b. The Private Entity must protect and preserve established benchmarks and monuments and make no changes in locations without the written
approval of the Owner's Representative. Established reference points that may be lost, covered, destroyed, or disturbed in the course of
performance of the Work under this Agreement, or that require shifting because of necessary changes in grades or locations, must (subject to
prior approval of the Owner's Representative) be replaced and accurately located or relocated (as appropriate) by a licensed engineer or licensed
land surveyor.
c. New monuments will be six (6) inches square by three (3) feet deep (unless otherwise specified), of concrete or stone, with a 3-inch copper or
brass pin, 3/8-inch in diameter, in the center, and must be set flush with the ground or pavement in locations indicated on the site plan.
d. Monuments will not be required where lines of buildings are coincident with property lines.
e. The Private Entity shall verify the figures shown on the survey and site plan before undertaking any construction Work and will be responsible for
the accuracy of the finished Work.
f. After completion of construction and before final payment, the Private Entity must furnish the Owner blueprints (in triplicate) of plans showing the
exact location of construction survey monuments with reference to true property lines.
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12.7 OWNER PARTIAL OCCUPANCY.
a. The Owner's Representative reserves the right of partial occupancy or use of facilities, services, and utilities, before final acceptance, without
implying completion or acceptance of any part of the Project by the Owner. Before such occupancy or use, the Owner's Representative must
furnish the Private Entity an itemized list of Work remaining to be performed or corrected. Failure to list an item will not relieve the Private Entity of
the responsibility for complying with the terms of the Contract Documents. Responsibility for damage to the Work caused by the Owner, its
employees or agents within the partially occupied area shall be on the Owner during any such partial occupancy or use.
b. Costs incurred and delays to the completion of the Project as a direct result of Owner's partial occupancy or use of facilities, services, and utilities
are subject to equitable adjustment under Section 17.1.
12.8 OWNER PROPERTY.
a. The Owner will deliver or make available to the Private Entity, at the time and locations stated in the Contract Documents, the Land and tangible
Owner property ("Property" or "Owner Property") described in the specifications. If that Property, suitable for its intended use, is not delivered or
made available in a timely manner to the Private Entity, the Owner's Representative may make an equitable adjustment of time in accordance with
the provisions of the Agreement if:
1. The Private Entity submits a timely written request for an equitable adjustment; and
2. The facts warrant an equitable adjustment.
b. Title to the Land and tangible Owner Property remains in the Owner even if incorporated in or affixed to property not owned by the Owner. The
Private Entity may use the Land and tangible Owner Property only in connection with this Agreement. The Private Entity must maintain adequate
property control records in a form acceptable to the Owner's Representative and must make them available for Owner inspection upon request.
Furthermore, Owner represents that it has good title to the Land (the real property described in Exhibit A) subject to easements and other items of
record and the authority to authorize Private Entity to perform the Work on such Land consistent with the Contract Documents provided the Private
Entity complies with all applicable laws, ordinances, and regulations regarding work on such Land and obtains all required permits and licenses for
such work.
c. Upon delivery of the Land and tangible Owner Property to the Private Entity, the Private Entity assumes the risk and responsibility for its loss or
damage, except:
1 . For reasonable wear and tear;
2. To the extent property is consumed in performing the Agreement; or
3. As otherwise provided in the Contract Documents.
d. Changes in Owner-Furnished Tangible Property
1. By written notice, the Owner's Representative may; (a) decrease the Property provided or to be provided by the Owner under this Agreement;
or (b) substitute other Owner owned Property for the Property to be provided by the Owner, or to be acquired by the Private Entity for the
Owner under this Agreement. The Private Entity must promptly take any action the Owner's Representative may direct regarding the removal
and shipping of the Property covered by this notice.
2. In the event of any decrease in or substitution of Property pursuant to subparagraph d.1 above, or any withdrawal of authority to use Property
provided under any other contract or lease, which Property the Owner had agreed in this Agreement to make available, the Owner's
Representative, upon the Private Entity's written request, or if substitution causes a decrease in the cost of performance, on the Owner's
Representative's own initiative, may equitably adjust any contractual provisions affected by the decrease, substitution, or withdrawal, in
accordance with the "Changes" clause.
e. The Private Entity must maintain and administer a program or system acceptable to the Owner's Representative for the utilization, maintenance,
repair, protection, and preservation of Owner Property until it is disposed of in accordance with this Section 12.8.
f. The Owner, and any persons designated by it, shall at reasonable times have access to premises where any Owner Property is located for the
purpose of inspecting it.
g. Within forty five (45) calendar days after Notice to Proceed with construction, the Private Entity must submit a schedule to the Owner's
Representative, in an acceptable format and giving desired dates for delivery of items and Property furnished by the Owner. Approved dates of
delivery must be confirmed by the Owner's Representative in writing. Approved dates of delivery must be confirmed by the Private Entity thirty
(30) calendar days prior to scheduled delivery. The Private Entity must submit a written report to the Owner's Representative within forty eight (48)
hours after delivery of such Property to Private Entity, noting any shortages or damage to the Owner-furnished Property.
h. If Owner-furnished equipment is to be installed and is not on the construction site, the Owner will make separate arrangements to provide delivery
to the site. Any costs to Private Entity for labor associated with loading or unloading this Owner-furnished equipment will be negotiated and
reflected in a Change Order.
i. Upon completing this Agreement, the Private Entity shall follow the Owner's Representative's instructions regarding the disposition of all Owner
Property not consumed in performing this Agreement or previously returned to the Owner. The Private Entity shall prepare for shipment, deliver
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f.o.b. origin, or dispose of the Owner Property, as directed or authorized by the Owner's Representative. The net proceeds of any such disposal
will be credited to award amounts due Private Entity or will be paid to the Owner as directed by the Owner's Representative.
12.9 OTHER CONTRACTS.
The Owner may award other contracts for additional work on or related to the Project, and the Private Entity shall cooperate and coordinate with the other
contractors and Owner's employees. The Private Entity must not unnecessarily commit or permit any act that will unreasonably interfere with the
performance of Work by any other contractor or by Owner employees. Should such other contractors or Owner's employees delay the Private Entity, cause
any damage to Private Entity's Work or otherwise cause an increase in the Private Entity's cost or time of performance in a material fashion, the contract
sum and/or contract time shall be adjusted equitably in accordance with the provisions of this Agreement.
12.10 OWNER PROPERTY FURNISHED" As IS".
a. The Owner makes no warranty whatsoever with respect to the Land and Tangible Owner Property furnished "AS IS" except that such Property is
in the same condition specified in the solicitation as when inspected by the Private Entity pursuant to the solicitation or (if not inspected by the
Private Entity) as when last available for inspection under the solicitation.
b. The Private Entity may repair any Property made available to the Private Entity "as is." Repair will be at the Private Entity's expense except as
otherwise provided in this clause. Such Property may be modified at the Private Entity's expense, but only with the written permission of the
Owner's Representative. Any repair or modification of Property furnished "as is" does not affect the title of the Owner.
c. If there is any change (between the time inspected or last available for inspection under the solicitation to the time placed on board at the location
specified in the solicitation) in the condition of Owner Property furnished "as is" that will adversely affect the Private Entity, the Private Entity must,
upon receipt of the Property, notify the Owner's Representative of that fact when Private Entity becomes aware or reasonably should have become
aware of such change, and (as directed by the Owner's Representative) either (1) return the Property at the expense of the Owner or otherwise
dispose of it, or (2) effect repairs to return it to the condition it was in when inspected under the solicitation, or (if not inspected) as it was when last
available for inspection under the solicitation. The Owner's Representative, upon written request from the Private Entity, shall equitably adjust any
contractual provisions affected by the return, disposition, or repair, in accordance with the "Changes" clause. The foregoing provisions for
adjustment are exclusive.
d. Except as otherwise provided in this clause, any Owner Property furnished "as is" is governed by this Section 12.10 of this Agreement.
SECTION 13
ADMINISTRATIVE ITEMS
13.1. STANDARD REFERENCES.
All publications and other documents (such as manuals, handbooks, codes, standards, and specifications) referred to in this Agreement for the purpose
of establishing requirements applicable to equipment, materials, or workmanship are hereby incorporated by reference in this Agreement.
SECTION 14
SUBCONTRACTING
14.1 SUBCONTRACTS
a. Nothing in this Agreement may be construed to create any contractual relationship between any subcontractors and the Owner, except the Owner
is a third party beneficiary of such contracts as previously noted. The divisions or sections of the specifications are not intended to control the
Private Entity in dividing the Work among subcontractors or to limit the Work performed by any trade.
b. The Private Entity is responsible to the Owner for the acts and/or omissions of its own employees, of its subcontractors and their employees, and
any other person providing Work on the Project through Private Entity. The Private Entity is also responsible for the coordination of the Work of all
such entities.
c. The Owner will not undertake to settle any differences among the Private Entity, the Prime Construction Contractor, the A-E, and any
subcontractors or any of them because that is the sole responsibility of the Private Entity and the Private Entity agrees to do so in a timely manner.
SECTION 15
PROTECTION OF PERSONS AND PROPERTY
15.1 ACCIDENT PREVENTION.
a. All construction and other Work on this Project must be performed in compliance with the Occupational Safety and Health Act of 1970 and with
local, state and federal occupational safety and health regulations enforced by an agency of the locality or state under a plan approved by the U.S.
Department of Labor, Occupational Safety and Health Administration (OSHA). Where requirements are different or in conflict, the more stringent
requirement will apply.
b. The Private Entity shall maintain an accurate record of exposure data and all accidents incidental to Work performed under this Agreement
resulting in death, traumatic injury, occupational disease, or damage to property, material, supplies, or equipment. The Private Entity must submit
regular Project safety reports, exposure data, and accident reports, as prescribed by the Owner's Representative.
c. Health and Safety Plans are required as follows:
1. Prior to commencing on-site Work, the Private Entity must submit to the Owner's Representative a Health and Safety Plan that is in
compliance with applicable laws and regulations for the Project site.
2. The Health and Safety Plan must state that the Prime Construction Contractor, A-E, and all subcontractors are required to comply with the
Private Entity's Project safety rules and requirements issued under the authority of that program.
3. The Health and Safety Plan must identify, by name, the Private Entity's representative responsible for the execution of the Project safety
program. The Private Entity's Project safety representative must have the express written authority from the Private Entity to stop work, to
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abate hazardous conditions or unsafe practices, and to eject any Private Entity, Subcontractor, or vendor employees from the Project site for
failure to comply with safety requirements.
4. The Health and Safety Plan must include the precautionary measures to be taken to protect Owner staff, employees and the public.
d. The authority, responsibilities, and duties of the Private Entity's Project safety representative must be incorporated as part of the written Health &
Safety Plan. The safety responsibilities include, but are not limited to, conducting subcontractor construction safety program reviews, conducting
employee safety orientation training, conducting weekly safety meetings, conducting daily site safety inspections, auditing Subcontractor safety
compliance, and preparing required periodic and special safety reports.
e. In addition to the general requirements of Health and Safety Standards, the Private Entity, A-E and Prime Construction Contractor, specifically
must comply with applicable OSHA requirements concerning Hazard Communications Standards. Details of the Private Entity's hazard
communications program shall be included in the Health & Safety Plan.
15.2 HEALTH AND SAFETY STANDARDS.
a. In performing this Agreement, the Private Entity must:
1. Comply with applicable Occupational Safety and Health Standards promulgated pursuant to the authority of the Occupational Safety and
Health Act of 1970 (OSHA).
2. Comply with any other applicable federal, state, or local regulations governing workplace safety to the extent they do not conflict with a.1
above; however, the more stringent shall apply.
3. Comply with any Owner standard unless the OSHA standard contains more rigorous or stringent safety requirements, in which case the
OSHA standard governs and takes precedence. .
4. Take reasonable precautions to protect the safety and health of the Private Entity's employees, contractors, subcontractors, their employees,
and Owner's staff, employees, and the public.
b. The Private Entity must coordinate its use of existing Owner premises with the Owner's Representative. Subjects of this coordination include the
designation of work and storage areas; the extent, if any, of use by the Private Entity of Owner tools and equipment; the furnishing by the Private
Entity of appropriate signs and barricades to exclude unauthorized personnel from the work areas and to call attention to hazards and dangers;
and other matters relating to the protection of Owner staff, employees, property and the public.
c. Materials, supplies, articles, or equipment manufactured or furnished under this Agreement or order must conform to the Occupational Safety and
Health Standards pursuant to the authority of OSHA, and to other safety and health requirements specified in this Agreement or order. When
conducting work on existing facilities, the Private Entity must provide the Owner's Representative copies of Material Safety Data Sheets (MSDS)
for any hazardous material, as defined by OSHA's Hazard Communications Standards, to be used on the job. .
d. If no OSHA standard exists, federal or other nationally recognized standards apply. Copies of current Occupational Safety and Health Standards
are available from regional and/or area offices of the U.S. Department of Labor, Occupational Safety and Health Administration.
15.3 PROTECTION OF THE ENVIRONMENT, EXISTING VEGETATION, STRUCTURES, UTILITIES, AND IMPROVEMENTS .
a. The Private Entity shall perform Work reasonably necessary to implement and accomplish a program to prevent environmental pollution during or
as a result of construction performed under this Agreement. As a minimum, the Private Entity's Work must conform to all requirements of
applicable federal, state and local law.
b. The Private Entity must use reasonable efforts to preserve, protect and maintain all existing vegetation (such as trees, shrubs, and grass).
landscape features, athletic fields, and structures on or adjacent to the site of Work that are not to be removed. Care must be taken in removing
trees authorized by the Owner's Representative for removal, to avoid damage to vegetation that will remain in place. Any trees or other landscape
features scarred or damaged by the Private Entity's equipment or operations must be restored by the Private Entity. The Owner's Representative
decides what method of restoration must be used and whether damaged trees and/or shrubs will be treated or replaced. The Private Entity shall
use guard posts or barriers as necessary to control vehicular traffic passing close to trees and/or shrubs to remain. Areas disturbed, such as
temporary roadways or embankments, must be restored to near natural conditions that will permit the growth of vegetation. Disturbed areas must
be graded and filled as required, covered with six inches of topsoil and landscaped as per the Contract Documents.
c. The Private Entity shall protect from damage all existing buildings, improvements or utilities at or near the site of the Work, the location of which is
known, and must repair or restore any damage to these facilities resulting from failure to comply with the requirements of this contract or to
exercise reasonable care in performing the Work. If the Private Entity fails or refuses to repair such damage promptly, the Owner's
Representative, after seven (7) days advance notice to the Private Entity with the opportunity to cure within ten (10) days, unless an emergency
does not allow for such time period, may have the necessary Work performed and charge the cost to the Private Entity, who shall pay such costs
to the Owner in a prompt manner.
d. The Private Entity shall obtain approval from the Owner's Representative for any temporary roads, embankments and disposal areas not included
in Project specifications or drawings and restore such areas to original conditions, including appropriate landscaping, upon the completion of Work.
e. Monuments, markers and works of art must be protected. Items discovered that have potential historical or archeological interest must be
preserved. The Private Entity must leave the archeological find undisturbed and must immediately report the find to the Owner's Representative so
that the proper authority may be notified. The GMP and time may be adjusted equitably in accordance with the provisions of this Agreement if the
Private Entity incurs additional cost or time to perform as a result of any such discovery.
f. Private Entity shall follow all Environmental Protection Agency, Virginia Department of Environmental Quality and other applicable governmental
regulations and guidelines, as to the labeling, use, storage and disposal of "hazardous waste" that the Private Entity uses for this Work, which shall
for the purposes of this agreement be defined as (a) any chemical, substance, material, mixture, contaminant or pollutant, now or hereafter defined
as a "hazardous substance" under the comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time;
(b) petroleum, crude oil, or any fraction thereof; (c) any pollutant, contaminant, special waste or toxic substance now or hereinafter listed, defined
by or subject to regulation, under any federal, state or local statute, ordinance, rule, regulation, standard, policy, guidance, permit, order,
administrative or judicial decision or pronouncement, previously, currently or hereafter in effect, as amended from time to time, pertaining to health,
safety, or the environment, including without limitation, natural resources, environmental regulation, contamination, pollution, cleanup, or
disclosure. Private Entity agrees to indemnify, hold harmless and defend Owner and all Owner's successors, employees, officers, Council,
Council members, representatives, and agents from any liability, claim, demand, action, cause of action, suit, loss, damage, injury, expense, cost,
settlement, or judgment of any kind or nature including but not limited to demands, fines, remediations, or penalties asserted by any governmental
entity, as a result of the treatment, storage, disposal, handling, spillage, leakage, or presence in any form in soils, surface waters, groundwaters,
air, or property, of any wastes or "hazardous waste" as defined in this paragraph, at the subject property, caused or contributed to by Private Entity
or Private Entity's subcontractors, except to the extent as such may have occurred at the direction of Owner or upon Owner's negligence.
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15.4 ACCESS TO SITE.
a. The Private Entity's access to the site and use of existing roads will be as agreed to by the Private Entity and the Owner's Representative including
issuing vehicle passes for construction and private vehicles.
b. Private Entity shall not permit workers to carry firearms or other deadly weapons onto any Owner construction site or into any facility, including in
their personal or construction vehicles. This supersedes any state or local law permitting the carrying of firearms or weapons. Violation of this
clause shall be grounds for removal of individuals or contractors from the site or termination for default.
15.5 HANDLING ASBESTOS AND OTHER HAZARDOUS MATERIALS.
The Private Entity shall be responsible for immediately notifying the Owner in writing upon discovering any known hazardous or contaminated materials
existing on the site. Within 10 days of notification, the Owner shall be responsible for removing or abating such material in a proper manner and by
properly trained and licensed, if required, persons. The Private Entity shall be entitled to an equitable adjustment if the circumstances result in a
material, adverse impact on the Private Entity's costs or schedule relating to its performance of the Work.
15.6 ELEVATOR WORK-QUALIFICATIONS.
a. The Private Entity, Prime Construction Contractor, or the subcontractor whom the Private Entity uses for performance of the elevator work, must
have had at least three (3) years of successful experience in installing and servicing elevators.
b. In addition, the Private Entity, the Prime Construction Contractor, or its subcontractor must have installed, on at least two prior projects, elevators
comparable to those required for this Project that have performed satisfactorily under conditions of normal use for a period of not less than one (1)
year. To be considered comparable, prior installations must have not less than the same number of elevators operating together in one group as
the largest number in any group specified for this Project, except that a group of four may be considered comparable to a large group specified for
this Project.
c. A list of the prior comparable installations by the Private Entity, the Prime Construction Contractor, or its subcontractor, together with the names
and addresses of the buildings, the names of the owners or managers, and any other pertinent information required must be submitted promptly
upon request of the Owner.
d. The names, addresses, experience, and statement of work to be performed by each subcontractor or second-tier subcontractor whom the Private
Entity, Prime Construction Contractor, or the principal subcontractor, as the case may be, will use for performance of minor portions of the
installation of elevators must also be submitted promptly upon request of the Owner.
e. The Owner's Representative may reject the proposed elevator subcontractor if it is determined that it has failed to meet the experience
requirements, or if it has been found to have an unsatisfactory record of prior elevator installations. In the case of rejection, the Private Entity must
resubmit another name within ten (10) days for renewed consideration. If Private Entity reasonably disagrees with Owner's objection, Private Entity
may request a Change under Section 17.
SECTION 16
PAYMENTS
16.1 INVOICES (CONSTRUCTION).
a. The Private Entity's invoices must be submitted before payment can be made.
b. The Private Entity agrees that submission of an invoice to the Owner for payment is a certification that:
1. Any services being billed for have been performed in accordance with the requirements of the Contract Documents; and
2. Any supplies for which the Owner is being billed have been delivered or suitably stored off site, with appropriate insurance coverage, and in
the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated in the Contract Documents.
Private Entity shall provide, suitable to Owner's Representative approval, evidence of insurance for storage facility, a complete inventory of
items, a written right of access to the items, and certification of title to the Owner.
c. To ensure proper payment, Private Entity must furnish all documents required elsewhere in the Contract Documents and/or as reasonably required
by the Owner's Representative.
16.2 PAYMENT.
a. The Owner will make progress payments monthly within thirty (30) calendar days of receipt of the Private Entity's properly executed invoice.
However, the Owner shall have the right to reasonably object to any such invoice within ten (10) days of such receipt. Before the first progress
payment becomes due, the Private Entity must prepare a schedule of values reasonably acceptable to the Owner's Representative or at more
frequent intervals as determined by the Owner's Representative. The values in the breakdown will generally correlate to the cost loaded schedule
and be used for determining progress payments as referred to in Section 10.7.
b. If material delivered to the Project site that will be incorporated into the Project will be taken into consideration in computing progress payments,
before each payment is made, the Private Entity must furnish the Owner's Representative proof of the quantity, value, and delivery of such
material.
c. In making progress payments, the Owner will retain five percent (5%) of the progress payments earned on the construction portion of the Work.
Retainage will be held by the Owner until Substantial Completion has been reached, at which time fifty percent (50%) of the retainage will be
released and the remaining fifty percent (50%) of the retainage will be released with the final payment.
d. All material and Work covered by progress payments will be the sole property of the Owner. However, this paragraph does not:
1. Relieve the Private Entity of responsibility to protect and safeguard material and Work for which payment has been made or for restoration of
any damaged Work; or
2. Waive the right of the Owner to require fulfillment of all terms of the Contract Documents.
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e. Before receiving a progress payment or final payment under this Agreement, the Private Entity must certify to the Owner's Representative that
payment due to the Prime Construction Contractor and subcontractors have been made from the proceeds of prior payments or will be made in a
timely fashion from the payment then due the Private Entity. Private Entity agrees to comply with the provisions of Virginia Code Section 2.2-4354
regarding payments to others.
f. Upon completion and acceptance of all Work, the amount due the Private Entity under this Agreement shall be paid upon presentation of a
properly executed invoice, after the Private Entity has furnished the Owner with a release of all claims against the Owner arising by virtue of this
Agreement, other than claims in stated amounts that must be specifically excepted by the Private Entity from the operation of the release. If the
sum of all progress payments and the final invoice is greater than the GMP, the final invoice shall be adjusted so that the sum of all progress
payments and the final payment is not greater than the GMP. If the Private Entity's claim to amounts payable under the Agreement has been
assigned, with consent of Owner, as provided in the Assignment of Claims clause, a release may also be required of the assignee.
16.3 CONSTRUCTION COST BREAKDOWN.
The Private Entity's submission of its Guaranteed Maximum Price (GMP) must include a schedule of values type construction cost breakdown by CSI
Division and other breakdowns as reasonably requested by Owner's Representative. The Private Entity shall provide copies of its contract with its
Prime Construction Contractor and construction subcontracts and a comparison to the GMP, for approval by the Owner's Representative, and for use in
verifying monthly construction invoices.
16.4 ALLOWABLE COST AND PAYMENT.
a. Invoicing: The Owner will make payments to the Private Entity as set forth in section 16.2(a), but not more than monthly, in amounts approved by
the Owner's Representative, such approval not to be unreasonably withheld. The Private Entity must submit an invoice or voucher to the address
specified by Owner, supported by a statement of claimed allowable costs of performing this Agreement, in such form and detail as the Owner's
Representative may reasonably require.
b. Audit: At any time or times before final payment, the Owner's Representative may have the Private Entity's invoices or vouchers and statements
of cost audited. Any payment may be:
1. Reduced by amounts found by the Owner's Representative not to be proper or supported by sufficient documents; or
2. Adjusted for prior overpayments or underpayments.
c. Final Payment:
1. The Private Entity must submit a completion invoice or voucher, designated as such, promptly upon full and proper completion of the Work by
Private Entity, but not later than 30 days (or longer, as the Owner's Representative may approve in writing) from the date of Final Completion.
Upon Owner's approval of that invoice or voucher, and upon the Private Entity's compliance with all terms of this Agreement, the Owner will
promptly (within thirty [30] days of submission of the final invoice) pay any balance not previously paid.
2. In exchange for final payment the Private Entity shall and does release the Owner and its officers, agents, and employees from all liabilities,
obligations, and claims arising out of or under this Agreement, except for those that have been identified as open in the final invoice.
16.5 PAYMENTS TO OTHERS BY PRIVATE ENTITY.
The Private Entity agrees that Private Entity will comply with the requirements of Section 2.2-4354 of the Virginia Code regarding Private Entity's
payment to other entities and the Private Entity will take one of the two actions permitted therein within 7 days after receipt of amounts paid to Private
Entity by the Owner. Private Entity further agrees that the Private Entity shall indemnify and hold the Owner harmless for any lawful claims resulting
from the failure of the Private Entity to make prompt payments to all persons supplying the Private Entity equipment, labor, tools, or material in
connection with the work provided for in this Agreement. In the event of such claims, the Owner may, in the Owner's sole discretion, after providing
written notice to the Private Entity, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all
appropriate claims and associated costs in connection with this Agreement and make such payment, if the Owner determines it to be appropriate to do
so.
SECTION 17
CHANGES/CLAIMS/DISPUTES
17.1 CHANGES.
a. The Owner may at any time, without notice to any sureties, by written change specifically designated or indicated to be a Change Order or Change
Directive, make a Change, including, without limitation, one that:
1. Changes the plans and specifications (including drawings and designs);
2. Changes the method or manner of performance of the Work;
3. Changes the Owner-furnished facilities, equipment, materials, services, or site; or
4. Directs acceleration in the performance of the Work.
b. Any other written or oral order, direction, instruction, interpretation, or determination from the Owner that causes a change to the Scope of Work or
its duration will only be treated as a Change Directive, allowing a change in compensation or schedule, only if (1) the Private Entity gives the
Owner's Representative written notice as soon as practicable, but not later than within ten (10) days, of the receipt by Private Entity, the Prime
Construction Contractor, or any subcontractor, whichever has first receipt of such order, direction, instruction, or determination, stating (i) the date,
circumstances, and source of the order, direction, instruction or determination, and (ii) that the Private Entity regards the order, direction,
instruction or determination as a Change, and (2) Private Entity does not incur additional costs attributable to such order, direction, instruction or
determination without first receiving a Change Directive from Owner unless waiting for a Change Directive is unreasonable under the
circumstances. Such notice is a condition precedent to any such claim.
c. Except as provided in this Section 17.1, no order, direction, instruction, interpretation, determination, statement, or conduct of the Owner's
Representative may be treated as a Change or entitle the Private Entity to any adjustment in compensation or schedule (except for any Owner
caused delay).
d. Only if any Change under this Article materially adds to or increases the Scope of Work and causes an increase or decrease in the Private Entity's
cost of, or the time required for, the performance of any part of the Work under this Agreement, the Owner shall issue a Change Order or Change
Directive for such Change. However, no claim for any Change shall be allowed for which the Private Entity has not complied with the
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requirements of paragraph b as well as all other requirements of this Agreement. No claims will be allowed for defective plans or specifications
prepared by or for the Private Entity. Accordingly, the GMP shall only be increased if there is a material addition requested by Owner to the Scope
of Work and increased cost to the Private Entity. The GMP shall be decreased for any Owner requested reduction to the Scope of Work.
e. No claim by the Private Entity will be allowed if asserted after final payment under this Agreement.
/. After approval of final Plans and Specifications, except for the correction of errors and omissions, the Private Entity shall not make or allow any
changes in the plans or specifications, including drawings and designs, without the written approval of the Owner's Representative.
g. The GMP shall be adjusted for overruns and underruns in any allowances identified in Exhibit B. Items covered by allowances shall be supplied
for such amounts and by such persons or entities as required to perform the Work. Unless otherwise provided in this Agreement, (1) allowances
shall cover the cost to the Private Entity of materials and equipment delivered at the site and all required taxes, less applicable trade discounts but
no other costs; and (2) whenever costs covered by (1) are more or less than allowances, the GMP shall be adjusted accordingly by Change Order.
The amount of the Change Order shall reflect the difference between actual costs covered by (1) and the allowances. Materials and equipment
under an allowance shall be selected by the Owner's Representative in sufficient time to avoid delay in the Work.
h. The Private Entity shall not proceed with any Change until the Owner has obtained all necessary internal approvals and any required
appropriations of funds to pay for the Change.
17.2 CHANGE ORDER ACCOUNllNG.
The Owner's Representative may require Change and Change-order accounting whenever the estimated cost of a Change or series of related Changes
exceeds $100,000. The Private Entity, for each Change or series of related Changes, must maintain separate accounts, by job order or other suitable
accounting procedure, of all incurred segregable, direct costs (less allocable credits) of Work, both changed and not changed, allocable to the Change.
The Private Entity shall maintain such accounts until the parties agree to an equitable adjustment for the Changes ordered by the Owner's
Representative or the matter is finally disposed of in accordance with Section 17.5. However, Private Entity shall continue to work on the Project
without any interruption and/or delay.
17.3 EQUITABLE ADJUSTMENTS.
a. I Cost for A-E Services:
1. There will be no monetary adjustment to Architect-Engineer Services under this Agreement except where the Scope of Work has been
modified by the Owner as noted above. The A-E component of such Scope of Work changes will only be adjusted when the Owner-
requested change requires a duplication of Work that has already been accomplished, causes an appreciable increase in direct labor,
material or other costs to work included under the A-E component, or requires new labor, material or other direct costs of work not included
under the existing A-E component. All other changes required to properly complete the Work will be the responsibility of the Private Entity.
2. Adjustment in the A-E component will be based upon the extent of change to the Work and not upon a percentage of construction costs. The
Owner will negotiate an adjustment on the basis of the costs per discipline for the production of drawings, calculations, specifications,
estimating and other services. Prior to negotiations, the Private Entity shall submit an Estimate of Fee for Modification of Design.
3. The Private Entity must submit with its proposal its request for any time extension (if any).
4. In considering a proposal, the Owner may check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to
arriving at an equitable adjustment.
5. Upon written request by the Owner's Representative, the Private Entity must submit a proposal, in accordance with the requirements and
limitations set forth in subparagraphs (a.1) through (a.5) of this Section, for Work involving proposed changes covered by the request, within
the reasonable time limit indicated in the request or any extension of such time limit as may be subsequently granted by the Owner. If, within
a reasonable time after the receipt of such proposal, the Owner's Representative orders the Private Entity to proceed with the performance of
the Work contemplated, the proposal submitted prior to the order will constitute the Private Entity's statement of the monetary maximum
, amount of any claim for equitable adjustment.
b. Cost For Development and Construction:
1. There will be no monetary adjustment to the GMP under this Agreement except when the Scope of Work has been modified by the Owner by
a Change and as allowable under the other provisions of this Agreement. All other changes required to complete the Work shall be the sole
responsibility of the Private Entity.
2. In the event of such a Change by Owner, an appropriate monetary adjustment to the GMP may be made only if all the requirements of this
Agreement are met. The Private Entity's written statement of the monetary extent of any claim for equitable adjustment under this Agreement
must be submitted in the form of a lump sum proposal (unless otherwise requested) with an itemized breakdown of all increases or decreases
in the cost of the Private Entity's and all subcontractors' Work, in at least the following detail:
(a) Material quantities and unit cost
(b) Labor costs (identified with the specific item of material to be placed or operation to be performed)
(c) Construction equipment
(d) Workers' Compensation, Automobile and Public Liability Insurance, Builders Risk
(e) Overhead
(f) Profit
(g) Employment taxes under FICA and FUTA
3. No percentages for overhead, profit or commission will be allowed on employment taxes under FICA and FUTA. The percentages for
overhead and profit will be negotiated and may vary according to the nature, extent, and complexity of the Work involved. Not more than three
percentages, not to exceed the maximum percentages shown below, will be allowed regardless of the number of tiers of subcontractors; that
is, the markup on Work subcontracted by a subcontractor will be limited to one overhead and profit percentage (10% maximum) to the
subcontractor and one overhead and profit percentage (10% maximum) to the sub subcontractor, in addition to the Private Entity's overhead
and profit percentage (5% maximum). On proposals covering both increases and decreases of the Scope of Work, the overhead and profit
will be computed on the net change only. .
4. The Private Entity must submit with its proposal its written request for any time extension (if any) which must be based on a demonstrated
impact to critical path activities.
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5. In considering a modification to the GMP, the Owner may check estimates in detail, utilizing unit prices where specified or agreed upon, with
a view to arriving at an equitable adjustment.
6. Modifications to the GMP shall include an appropriate adjustment to the fees for Development and Construction Support Services, plus the
Private Entity's profit and overhead.
7. Payment for a Change involving construction Work will be made on the basis of direct construction costs and subcontractor costs up to the
limit of the revised GMP. Payment for Private Entity and Contractor services will be made on the basis of the negotiated fee.
8. After receipt of a proposal with a detailed breakdown, the Owner's Representative will act reasonably promptly thereon. However, when the
necessity to proceed with a Change does not allow sufficient time to check a proposal, or in the event"of a failure to reach an agreement on a
revised GMP, the Private Entity, if directed by Owner, shall proceed with the Work and will be reimbursed as provided for in this Agreement.
9. Upon written request by the Owner's Representative, the Private Entity shall submit a proposal, in accordance with the requirements and
limitations set forth in subparagraphs (b.1) through (b.9) of this section, for Work involving contemplated changes covered by the request,
within the time limit indicated in the request or any extension of such time limit as may be subsequently granted by the Owner. If, within a
reasonable time after receipt of such proposal, the Owner's Representative orders the Private Entity to proceed with the performance of the
Work proposed, the proposal submitted prior to the order will constitute the Private Entity's statement of the monetary maximum amount of
its claim for adjustment to the Guaranteed Maximum Price.
17.4 DIFFERING SITE CONDIT10NS
Private Entity represents that it has had full opportunity to visually inspect the site to determine suitability for this Project and to review the Owner's
geotechnical report dated January 6, 2007. Private Entity therefore waives any claim to any adjustment in the GMP arising from any subsurface,
latent or other unknown physical conditions of the existing Project area and/or Project site to the extent noted in the geotechnical report. Private
Entity is not liable for the presence, removal or remediation of hazardous materials, contaminated soils, underground improvements, sinkholes,
caverns, wells or underground streams except to the extent the Private Entity causes or is responsible for such conditions and/or items.
17.5 RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS
Disputes, claims and other matters in question between the parties shall only be resolved as follows:
a. The Private Entity shall give Owner written notice of any claim for any additional compensation, damages, or delay within fifteen (15) days of the
beginning of the occurrence of the event leading to the claim being made and Private Entity shall submit the actual claim and any supporting data
reasonably available within thirty (30) days after the occurrence giving rise to the claim ends unless otherwise agreed in writing by the parties. The
"occurrence" means the condition encountered in the field giving rise to the claim and not a later dispute about payment for that condition. Claims
of delay will be resolved as they occur, and no claims of cumulative impacts or deferral of claimed delay will be allowed. Complete satisfaction of
this Section 17.5.a is a condition precedent for Private Entity to pursue a claim arising under or relating to this Agreement, and failure by Private
Entity to satisfy this subparagraph a as to written notice or, unless otherwise agreed in writing by the parties, to submit its claim and reasonably
available data in accordance with this Section 17.5.a will waive any claim by Private Entity. Unless otherwise agreed by the parties, the Owner
shall act on any claims as set forth below.
b. The parties shall first endeavor to resolve any disputes, claims or other matters in question between them through direct negotiations, and if such
direct negotiations fail, by non-binding mediation, if agreed to by both parties, before a mediator agreed upon by the parties, with the site of the
mediation being the City of Roanoke, Virginia. The parties shall share equally in the cost of the mediator. Should the dispute, claim, or other
matter in question remain unresolved for the shorter of (i) following negotiation, or (ii) more than ten (10) days after termination of mediation if
mediation was undertaken, either party may proceed in accordance with Section 17.5.f below.
c. Nothing in Section 17.5.b shall prevent a party from seeking immediate temporary injunctive or other temporary equitable relief in the City of
Roanoke Circuit Court if circumstances so warrant.
d. In the event of any dispute, claim, or other matter in question arising, Private Entity shall continue its performance diligently during its pendency as
if no dispute, claim or other matter in question had arisen. During the pendency of any dispute in connection with the payment of moneys, Private
Entity shall be entitled to receive payments for non-disputed items as provided for in this Agreement.
e. No claim by Private Entity shall be allowed if submitted after final payment.
f. Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra Work, shall be submitted, in writing,
as set forth above in Section 17.5a, but any claims not covered by such section shall be submitted inwriting no later than sixty (60) calendar days
after final payment or payment designated as a final payment; however, written notice of the Private Entity's intention to file any such claim must
be given at the time of the occurrence or beginning of the Work upon which the claim is based whichever occurs first. Such notice is a condition
precedent to the assertion of any such claim by the Private Entity. A written decision upon any such claims will be made by the City Manager or
his/her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional
supporting evidence required by the City Manager. The Private Entity may not institute legal action prior to receipt of the City's decision on the
claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The
decision of the City Manager shall be final and conclusive unless the Private Entity within six (6) months of the date of the final decision on a claim
or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia.
Failure of the City to render a decision within one hundred twenty (120) calendar days shall not result in the Private Entity being awarded the relief
claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within one hundred twenty (120)
calendar days shall be Private Entity's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2-
4365, of the Code of Virginia, has been established for contractual claims under this Agreement.
SECTION 18
TERMINATIONS
18.1 TERMINATION FOR CONVENIENCE.
a. Performance under this Agreement may be terminated by the Owner for convenience, for any reason, with or without cause, in whole or in part at
any time. A termination may be effected by delivery to the Private Entity of a notice of termination specifying the extent of Work terminated, and
the effective date of the termination (thirty [30] calendar days minimum notice).
b. Upon receipt of a notice of termination, unless otherwise directed by the Owner's Representative, the Private Entity must take the following
actions:
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1. Stop Work to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of the unterminated
Work.
3. Terminate all orders and subcontracts to the extent that they relate to the Work terminated.
4. Settle all outstanding liabilities and claims arising out of the termination of orders and subcontracts.
5. Transfer title to the Owner and deliver as directed by the Owner's Representative:
(a) Work in process, completed Work, and other material produced as a part of or acquired for the Work terminated; and
(bj The completed or partially completed (in both hard copy and electronic format) plans, drawings, information, and other property that, if
the Agreement had been completed, would have been furnished to the Owner.
6. [Not used.]
7. Complete performance of the Work not terminated.
8. Take any action that may be necessary, or that the Owner's Representative may direct, for protecting and preserving any property related to
this Agreement that is in the possession of the Private Entity and in which the Owner has or may acquire an interest.
c. At any time, the Private Entity may submit to the Owner's Representative a list, certified as to quantity and quality, of termination inventory not
previously disposed of, and may request the Owner to remove inventory items or enter into a storage agreement covering them. Not later than
fifteen (15) calendar days after receiving this request, the Owner will accept title to the items and remove them or enter into a storage agreement.
The list will be subject to verification by the Owner's Representative upon removal of the items or, if the items are stored, within forty five (45) days
after submission of the list.
d. After termination, the Private Entity must submit to the Owner's Representative a termination claim in the form and with the certification prescribed
by the Owner's Representative. The claim must be submitted promptly, but in no event more than sixty (60) days after the effective date of
termination, unless an extension in writing is granted by the Owner's Representative. However, if the Owner's Representative determines that the
facts justify such action, any termination claim may be received and acted upon at any time after the 60 day period. Upon failure of the Private
Entity to submit a termination claim within the time allowed, the Owner's Representative may determine, on the basis of the information available,
the amount, if any, due the Private Entity by reason of the termination.
e. If the Private Entity and the Owner's Representative fail to agree on the amount to be paid to the Private Entity by reason of the termination, the
Owner will only pay the Private Entity the amount payable based on the progress obtained on the Project at the time of the termination, including
reasonable profit and overhead only to that point. In no event shall the Private Entity be paid for any Work not actually and properly provided to
and approved by Owner and no claim for lost profits or overhead shall be allowed.
f. The total sum to be paid to the Private Entity may not exceed the total Agreement price as reduced by the payments made and as further reduced
by the Agreement price of Work not terminated. Except for normal spoilage, and except to the extent that the Owner expressly assumed the risk of
loss, there will be excluded from the amounts payable to the Private Entity under paragraph e above, the fair value, as reasonably determined by
the Owner's Representative, of property destroyed, lost, stolen, or damaged so as to become undeliverable to the Owner, or to a buyer.
g. The Private Entity has the right of review under the "Claims and Disputes" clause of any determination made by the Owner's Representative under
paragraph d or e above, except that, if the Private Entity has failed to submit its termination claim within the time provided in paragraph d above
and has failed to request an extension of time, there may be no right of review.
h. In arriving at the amount due the Private Entity, there must be deducted:
1. Any valid claim that the Owner may have against the Private Entity under this Agreement; and
2. The agreed price for or the proceeds of sale of materials, supplies, or other things kept by the Private Entity or sold and not recovered by or
credited to the Owner.
i. If the termination is partial, the Private Entity must file with the Owner's Representative, and the Owner must reasonably consider, a request in
writing for an equitable adjustment of the price specified in the Agreement relating to the continued portion of the Agreement. If no request is
made by the Private Entity, the Owner's Representative will make an equitable adjustment, if any is due, to the Private Entity's price.
18.2 TERMINATION FOR DEFAULT.
('
a. The Owner may, subject to paragraph d below, by written n'otice of default to the Private Entity, terminate this Agreement in whole or in part if the
Private Entity fails to:
1. Complete any of the material requirements of this Agreement within the time specified in the Agreement or any extension granted by the
Owner; or
2. Make progress, so as to endanger performance of this Agreement; or
3. Provide good services and/or workmanship and materials as called for by the Agreement; or
4. Perform any of the other material provisions of this Agreement (but see subparagraph b following).
b. Owner may terminate this Agreement under paragraph a.2 and a.3 above if the Private Entity does not commence to cure the failure within ten
(10) calendar days (or more if authorized in writing by the Owner's Representative) after receipt of the notice from the Owner's Representative
specifying the failure.
c. Owner may terminate this Agreement without notice or opportunity to cure if Private Entity declares bankruptcy or is involuntarily placed into
bankruptcy; or if Owner determines with good reason that such termination is needed to protect the health, safety, and/or welfare of the public.
d. If the Owner terminates this Agreement in whole or in part, pursuant to this Section 18.2, Owner may acquire similar supplies or services or
complete the Work as Owner deems appropriate, and the Private Entity will be liable to the Owner for any excess costs. However, the Private
Entity must continue the Work not terminated.
e. If this Agreement is terminated for default, the Owner may require the Private Entity to transfer title and deliver to the Owner, as directed by the
Owner's Representative, any completed supplies, partially completed supplies, and materials, parts, tools, dies, jigs, fixtures, plans, drawings,
specifications, electronic copies, information, and contract rights that the Private Entity has specifically produced or acquired for the terminated
portion of this Agreement. Upon direction of the Owner's Representative, the Private Entity must also protect and preserve property in its
possession in which the Owner has an interest.
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f. The Owner will only pay the Agreement price for completed items delivered to and accepted by Owner. The Private Entity and Owner's
Representative may agree on the amount of payment for items delivered and accepted under paragraph e above for the protection and
preservation of the property. Failure to agree will be a dispute under Section 17.5 of this Agreement. The Owner may withhold from these amounts
a reasonable sum necessary to protect the Owner against loss because of bona fide outstanding claims against the Private Entity.
g. If, after termination, it is determined that the Private Entity was not in default, or that a delay was excusable, the rights and obligations of the
parties will be the same as if the termination had been issued for convenience and such termination shall be deemed to have been for
convenience of the Owner.
h. The rights and remedies of the Owner under this Section 18.2 are in addition to any other rights and remedies provided by law or under this
Agreement.
18.3 TERMINATION FOR OWNER DEFAULT.
a. The Private Entity may terminate the Agreement for Owner default if, through no act or fault of the Private Entity or a Prime Construction
Contractor, Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under
direct or indirect contract with the Private Entity, the Owner has not issued a certificate for payment or has not notified the Private Entity of the
reason for withholding the certificate for payment within forty five (45) calendar days of receipt of a valid and complete invoice. However, before
Private Entity may terminate under this paragraph, Private Entity shall give Owner written notice of such default, and ten (10) days to cure such
default.
b. The Private Entity may terminate the Agreement for Owner default if, through no fault of the Private Entity, Prime Construction Contractor,
Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Private Entity, Prime Construction Contractor or Contractor, repeated suspensions, delays or
interruptions of the entire Work or significant portions thereof have been solely caused by the Owner, other than resulting from a termination for
convenience or termination of Private Entity for default, as described in the Agreement, and such repeated suspensions, delays, or interruptions
constitute in the aggregate more than sixty (60) calendar days in any three hundred sixty five (365) calendar day period. However, as a condition
precedent to such action the Private Entity shall give written notice to the Owner and Owner's Representative of each such claimed delay within
ten (10) days of its occurrence.
SECTION 19
INSPECTION AND ACCEPTANCE
19.1 INSPECTION OF PROFESSIONAL SERVICES.
The Owner's Representative may, at any time or place, inspect the services performed and the products, including documents and reports provided that
no such inspection shall be conducted in a manner that materially or unreasonably interferes with the performance of the Work. The Owner's
Representative may reject any services or products that do not meet the requirements of this Comprehensive Agreement.
19.2 INSPECTION AND ACCEPTANCE.
a. Owner inspection and testing of materials and workmanship will be made at reasonable.times at the site of the Work or off the site as the Owner's
Representative may direct. Off-site inspection or testing does not relieve the Private Entity of responsibility for damage to or loss of the material
prior to acceptance, nor in any way affect the continuing rights of the Owner after acceptance of the completed Work under the terms of paragraph
f of this section.
b. The Private Entity must, without charge, replace any material or correct any workmanship found by the Owner not to conform to the Agreement
requirements, unless the Owner consents to accept such material or workmanship with an appropriate adjustment in Agreement price. The
Private Entity must promptly segregate and remove rejected material from the premises.
c. If the Private Entity does not promptly replace rejected material or correct rejected workmanship, after seven (7) days advance notice to the
Private Entity with the opportunity to cure within ten (10) days, unless an emergency does not allow for such time period, the Owner may, by
contract or otherwise, replace or correct it and charge the cost to the Private Entity.
d. The Owner may examine completed Work by removing or tearing it out. The Private Entity must replace or correct any Work found not to conform
to Agreement requirements. If Work is torn out and found to comply with Agreement requirements, the Owner's Representative must make an
equitable adjustment for the services provided for the inspection and replacement of the Work.
e. The Owner will inspect the Work as soon as practicable after completion.
f. [Not used.]
19.3 TECHNICAL SUPERVISION.
a. Performance of the Work is subject to technical input by representatives of the Owner. Technical input includes suggestions to the Private Entity
which fill in technical details, suggest possible lines of inquiry, or otherwise clarifies the Scope of Work, but do not constitute new scopes of Work.
b. The Owner reserves the right to use Project management support services (PMSSC) personnel, or other qualified personnel under contract to the
Owner, to provide such technical supervision. .
19.4 APPROVAL OF DESIGN.
a. The Owner's Representative must approve all final plans and specifications. However, phased or fast track construction may commence prior to
approval of final plans and specifications, provided the Owner's Representative has approved plans and specifications for the Work. The Owner's
Representative's review will be primarily for general arrangement and compliance with Owner requirements included as part of the Agreement.
Owner's Representative's approval shall not be construed as and shall not constitute any of the following::
1. Permitting any departure by the Private Entity from the Agreement requirements, without specific prior written approval from Owner.
2. Relieving the Private Entity of any responsibility for any errors including, but not limited to, details, dimensions and materials;
3. Relieving the Private Entity of any responsibility for compliance with all applicable codes of local, state, or federal codes, regulations and
laws.
b. After approval of plans and specifications, the Private Entity shall be responsible for revising plans and specifications to correct all deficiencies.
Copies of revised plans and specifications will be furnished to the Owner's Representative. There will be no modification to any fee or to the GMP
to the Agreement, as a result of corrections of such deficiencies.
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19.5 PROJECT CLOSEOUT.
Unless specified for an earlier date elsewhere in this Agreement, the Private Entity must process all documents, changes, claim submissions, complete
all Project closeout items, provide warranties, as-built drawings, and submit a final report certifying that this action has been taken prior to the date of
Final Completion.
19.6 ASBESTOS FREE AND LEAD-BASED PAINT FREE CERTIFICATION.
The Private Entity must certify that no asbestos-containing building materials or lead-based paints (interior or exterior) were used in this Project. The
Private Entity must include completed and unaltered asbestos free and lead-based paint certifications as a closeout submittal document. The only
acceptable alternative for asbestos and lead based paint certification is to conduct a post-construction asbestos and lead paint survey in accordance
with AHERA requirements.
SECTION 20
MISCELLANEOUS
20.1 REPRESENTATIONS AND WARRANTIES OF AUTI-lORITY.
a. Private Entity represents and warrants that it has legal authority to enter into this Agreement and perform all of its obligations herein, that all Work
under this Agreement shall be performed by appropriately licensed entities or individuals when required, and that the execution of this Agreement
by it has been duly and properly authorized. As a condition to this Agreement's effectiveness, Private Entity shall provide to Owner a certificate in
form and with attachments satisfactory to Owner showing to Owner's satisfaction Private Entity's legal existence and authority to enter into this
Agreement.
b. Owner represents and warrants that it has legal authority to enter into this Agreement and perform all its obligations herein and that the execution
of this Agreement by it has been duly and properly authorized, including approval by the local governing body in accordance with Va. Code 9 56--
575.16 (as evidenced by the signature of approval on behalf of Owner's City Manager affixed to this Agreement).
20.2 NONDISCRIMINATION.
a. During the performance of this Agreement, the Private Entity agrees as follows:
(1) The Private Entity will not discriminate against any Subcontractor, 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 Private Entity. The Private Entity agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
(2) The Private Entity, in all solicitations or advertisements for employees placed by or on behalf of the Private Entity, will state that such Private
Entity is an equal employment opportunity employer.
(3) Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose
of meeting the requirements of this section.
b. The Private Entity will include the provisions of the foregoing Subsections a (1), (2), and (3) in every subcontract or purchase order of over
$10,000, so that the provisions will be binding upon each subcontractor or vendor.
c. Pursuant to the Code of Virginia, Section 2.2-4343.1, be advised that the City of Roanoke does not discriminate against faith-based
organizations.
20.3 DRUG-FREE WORKPLACE.
a. During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor'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 Contractor'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 Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in
every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
b. For the purpose of this section, "drug-free workplace" means a site for the performance of Work done in connection with a specific contract
awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the performance of the Contract.
c. The Contractor shall post a copy of the policy in a conspicuous place at the jobsite and assure that all Contractor, subcontractor, and supplier
personnel entering the jobsite are informed of the policy.
20.4 NOTICES.
a. All notices and demands by any party to any other party shall be given in writing and sent by a nationally-recognized, overnight courier or by United
States certified mail, postage prepaid, return receipt requested, and addressed as follows:
To the Owner:
City of Roanoke
Attn: City Engineer
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 350
Roanoke, VA24011-1517
Telephone: (540)853-2731
Telefax: (540)853-1364
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With a copy to:
Purchasing Manager City of Roanoke
Purchasing Division
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room .202
Roanoke, VA 24011-1517
Telephone: (540)853-2871
Telefax: (540)853-1513
To Private Entity:
Shockey, LLC
c/o Howard Shockey & Sons, Incorporated
Attn: Vice President, Jeffrey S. Boehm
1057 Martinsburg Pike
Winchester, VA 22603
Telephone: (540)665-3246
Telefax: (540)665-3201
With a copy to:
Charles E. Wall, Esquire
Williams Mullen
1021 East Cary Street, Suite 1700
Richmond, VA 23219
Telephone: (804)783-6498
Telefax: (804)783-6507
b. Any party may, upon prior notice to the others, specify a different address for the giving of notice. Notices shall be effective one day after sending if
sent by overnight courier or three (3) days after sending if sent by certified mail, return receipt requested.
20.5 SUCCESSORS, ASSIGNS, AND ASSIGNMENT.
Except as expressly otherwise provided, all of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns. Private Entity may not assign or transfer this Agreement in whole or in part except with the prior
written consent of the Owner, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way
release or relieve the Private Entity from any of the covenants or undertakings contained in this Agreement and the Private Entity shall remain liable for
this Agreement during the entire term thereof.
20.6 No WAIVER.
The failure of Owner to insist upon the strict performance of any provisions of this Agreement, the failure of Owner to exercise any right, option or
remedy hereby reserved, or the existence of any course of performance hereunder shall not be construed as a waiver of any provision hereof or of any
such right, option or remedy or as a waiver for the future of any such provision, right, option or remedy or as a waiver of a subsequent breach thereof.
The consent or approval by Owner of any act by Private Entity requiring Owner's consent or approval shall not be construed to waive or render
unnecessary the requirement for Owner's consent or approval of any subsequent similar act by Private Entity. No provision of this Agreement shall be
deemed to have been waived unless such waiver shall be in writing signed by the party to be charged.
20.7 SEVERABILITY
If any term or provision of this Agreement shall be determined to be invalid or unenforceable in any respect by a court or agency having jurisdiction over
this matter, it shall be replaced with a substantially similar provision to the greatest extent possible and the Agreement shall remain in full force and
effect.
20.8 COUNTERPARTS.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of such counterparts together shall be
deemed to be one and the same instrument. It shall not be necessary in making proof of this Agreement or any counterpart hereof to produce or
account for the other counterpart.
20.9 GOVERNING LAW.
This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of conflict of law
provisions. Venue for any litigation arising from this Agreement shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General
District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Agreement voluntarily submit to the
jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Agreement shall not be construed in favor
of or against either party but shall be construed according to their fair meaning as if both parties jointly prepared this Agreement.
20.10 ApPROPRIAllON AND PLAN OF FINANCE.
Owner represents to the Private Entity that the City of Roanoke has appropriated funds sufficient to meet the City's financial commitments as set forth
herein. Private Entity shall cooperate in executing any documents reasonably necessary to aid Owner in implementing its plan of finance for the Project.
20.11 FINANCIAL STATEMENTS.
Private Entity agrees to provide Owner with copies of its complete and current financial statements on an annual basis, or more frequently if reasonably
requested by Owner. The Private Entity may designate such financial statements as confidential proprietary information exempt from release under the
Virginia Freedom of Information Act by following the procedures for such designation as indicated in the applicable provisions of the PPEA and/or
Virginia's FOIA.
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28
20.12 COpy OF AGREEMENT TO AUDITOR OF PUBLIC ACCOUNTS.
Owner shall submit a copy of this Agreement to the Virginia Auditor of Public Accounts within thirty (30) days of its effective date.
20.13 CERllFICA1l0NS.
Private Entity has executed and provided to Owner a Vendor's Certification (Exhibit F) contemporaneously with the execution of this Agreement.
Private Entity shall require all subcontractors who will perform more than $10,000.00 of Work pursuant to this Agreement to execute this document
(Exhibit F) prior to commencement of such subcontractor's Work.
20.14 ETHICS IN PUBLIC CONTRACllNG
The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Va. Code, pertaining to bidders, offerors,
contractors, and subcontractors are applicable to this Agreement.
20.15 HEADINGS
The captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and
interpretation of this Agreement.
20.16 MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE AND SMALL BUSINESS CERllFICA1l0N
The Private Entity shall use reasonable efforts to use minority and women-owned business enterprises and small businesses for Work on the Project.
The Private Entity shall complete and submit the "Minority & Women-Owned Business Enterprise and Small Business Certification" form from time to
time as requested by the Owner's Representative. Failure to complete and sign this statement is considered a material violation of the Agreement.
20.17 COMPLIANCE WITH LAWS, REGULA1l0NS AND IMMIGRA1l0N LAW.
Private Entity agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations applicable to the Project,
including all applicable licensing requirements. Private Entity further agrees that Private Entity does not, and shall not during the performance of this
Agreement knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.
20.18 ENllRE AGREEMENT.
This Agreement and the attachments and exhibits attached hereto and forming a part hereof set forth all the covenants, promises, agreements,
conditions and understandings between Private Entity and Owner concerning the Project, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between them other than are herein set forth. No alteration, amendment, change or addition to this
Agreement shall be binding upon Private Entity or Owner unless reduced to writing and signed by each party. Reference to the Private Entity's
Conceptual Phase and Detailed-Phase proposals are referred to in Exhibit B and are incorporated by reference for purposes of providing details
concerning the overall intent of the parties. However, Exhibit B is not intended to contradict this Agreement, and in the event of inconsistencies, this
Agreement shall control.
20.19 RECORDS.
a. If the Private Entity believes that any work product or any other document or item subject to transmittal to or review by the Owner under the terms
of this Agreement or any other Contract Document contains trade secrets, financial information or other information exempt or protected from
disclosure pursuant to applicable law, the Private Entity shall specifically identify such information prior to such transmittal or review and give a
sufficient reason for such protection, and the Owner shall take reasonable actions to comply with applicable laws prior to transmittal or review.
b. Should any such identified items become the subject of a request for public disclosure, the Owner shall respond as follows:
1, The Owner shall use reasonable efforts to promptly notify the Private Entity of such request and the date by which it anticipates responding.
2. The Private Entity must then assert in writing to the Owner any claim that such items are protected from disclosure.
3. If the Private Entity fails to make such assertion within three (3) business days after the Owner notifies the Private Entity of its intended
response, the Owner shall have the right to make such disclosure.
4. If the Private Entity makes a timely assertion that the requested items contain trade secrets, financial information or other information exempt
from disclosure or otherwise protected under applicable law, the Owner and the Private Entity may, jointly or separately, seek judicial
declaration of the rights of the parties. Until such declaration is made, the Owner will maintain the confidentiality of such items unless
otherwise required by law or a court.
If the Owner's denial of a request for disclosure of the above mentioned items is challenged in court, the Private Entity shall assist the Owner in its
defense and shall indemnify the Owner for direct damages assessed and reasonable costs the Owner incurs in such defense, excluding any
damages or costs resulting from the Owner's negligence.
20.20 WAIVER OF CLAIMS FOR CONSEQUENllAL DAMAGES.
To the extent permitted by law and to the extent consequential damages exceed $400,000 in the aggregate, the Owner and the Private Entity waive
claims against the other for any such excess consequential damages arising out of a breach of this Agreement. This Section 20.20 does not apply to
the liquidated damages provisions of this Agreement and nothing contained in this Section 20.20 shall be deemed to preclude an award of liquidated
damages in accordance with this Agreement.
SIGNATURE PAGE TO FOllOW
CA-Police Academy-Shockey-5-13-08.DOC
29
IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their duly authorized representatives.
Attest/Witness:
SHOCKEY, LLC
By
Jeffrey S. Boehm, Vice President of Howard
Shockey & Sons, Incorporated, Manager of
Shockey, LLC
Typed or Printed Name and Title
Attest/Witness:
CITY OF ROANOKE, VIRGINIA
By
Darlene L. Burcham, City Manager
Typed or Printed Name and Title
Appropriation and Funds Required
for this Agreement Certified
Authorized by Ordinance No.
Director/Deputy Director of Finance
Date:
Account #:
Approved as to form:
City Attorney/Assistant City Attorney
Approved as to execution:
City Attorney/Assistant City Attorney
CA-Police Academy-Shockey-5-13-08.DOC
30
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Comprehensive Agreement
Between the City of Roanoke, Virginia and Shockey, LLC
Exhibit B
Scope of Work
1. The Private Entity agrees to provide to the City of Roanoke the Project as defined
in the Comprehensive Agreement, Section 1.22, and as generally described in the
RFP No. 07-05-14 dated June 3, 2007, the Private Entity's Conceptual Phase
Proposals dated August 8,2007 and amended December 5, 2007, and the
Private Entity's Detailed Phase Proposal dated February 28, 2008, (less
confidential information in each such Proposal regarding financial information
and detailed line item pricing information).
2. The Scope of Work includes the design and construction of a two level Police
Training Academy facility of approximately 25,000 square feet located at 5401
Barnes Avenue, NW, Roanoke, Virginia. The facility will include a gymnasium,
locker rooms, administrative offices, water safety training facility, classrooms,
driver and firearms simulator room, EOC training room, computer training room,
break room, weight training room, restrooms, elevator, library, site
improvements for parking and access, extension of utilities to the building, and
related mechanical/electrical rooms.
3. The completed project shall be, at a minimum, a certified Leadership in Energy
and Environmental Design (LEED) Building as defined by the US Green Building
Council (USGBC). The Owner encourages the Private Entity to strive to achieve
the highest LEED certification level possible within the constraints of the GMP.
The Owner and Private Entity agree that value engineering will be required to
achieve this LEED certification.
4. During the design phase, the Private Entity will submit schematic/design
development drawings and construction document drawings and specifications
for the Owner's review and approval.
5. The following RFP, Conceptual Phase Proposals, Detailed Phase Proposal, design
documents, design standards, investigations, reports and together with the
Comprehensive Agreement and other pertinent documents define the Scope of
Work the Private Entity shall provide in a proper and timely manner and includes,
but is not limited to the following:
a. Request for Proposals (RFP) under the Public Private Education Facilities
and Infrastructure Act of 2002 (PPEA) for the Design and Construction of
Exhibit B-Police Academy-Shockey-5-1 3-08.docPage 1 of 3
a Police Academy Facility for the City of Roanoke RFP 07~05-14 dated
June 3, 2007.
b. Shockey, LLC Solicited Conceptual Phase Proposal for the Design and
Construction of A Police Academy Facility RFP 07-05-14 dated August 8,
2007. Volumes I and II, (less confidential information regarding financial
information and detailed line item pricing information).
c. City of Roanoke Correspondence Dated October 12, 2007 from the Office
of the City Engineer, RE: City of Roanoke Police Academy - Conceptual
Phase PPEA Proposals RFP Number 07-05-14.
d. Shockey, LLC Solicited Conceptual Phase Proposal for the Design and
Construction of A Police Academy Facility RFP 07-05-14 dated December
5, 2007, Volume II, (less confidential information regarding financial
information and detailed line item pricing information).
e. City of Roanoke Correspondence Dated February14, 2008, from the
Office of the City Engineer, RE: Request for Proposals under the PPEA -
RFP Number 07-05-14 City of Roanoke Police Academy.
f. Shockey, LLC Detailed Phase PPEA Proposal for the Design and
Construction of A Police Academy Facility RFP 07-05-14 dated February
28, 2008, (less confidential information regarding financial information
and detailed line item pricing information).
6. The Private Entity shall prepare appropriate easement documents, including
deeds and plats, and coordinate with the Owner to acquire any necessary
easements for the project including but not limited to water mains, sewer mains,
power, communications, storm water management, access or temporary
construction.
7. The Guaranteed Maximum Price (GMP) is $6,522,000 and includes the
allowances in paragraph 8 below.
8. Project Allowances have been established for the project as follows:
a. Furnishings - $180,000 allowance. Owner is to purchase and install
furnishings. Furnishings allowance shall not be allocated to architectural
casework, lockers or other features that are permanently fixed to the
building. The Private Entity shall provide interior design services to
define furnishings integrated into the building design and develop
necessary specifications and schedules to allow for competitive public
procurement of such items by the Owner. The design fee of $8,000 is to
be paid from the $180,000 allowance. The Furnishings Allowance will
also serve as a design to budget for the furnishings and their installation.
b. Environmental Permits and Remediation - $5,000 allowance.
Environmental issues are not anticipated on the project. These funds are
Exhibit B-Police Academy-Shockey-S-13-08.docPage 2 of 3
designated for the analysis and remediation of any environmental issues
identified during project development. The Owner is to approve, in
writing, use of this allowance by the Private Entity.
c. Telephone and data - $163,000 allowance. This will include the cost of
extending a high speed internet and telephone to the building, telephone
handsets and switches, data switches, routers and computer equipment
to be furnished and installed by the Owner. The cost of telephone and
data jacks, wiring and conduit are excluded from this allowance and are
to be designed, furnished and installed by the Private Entity
d. Radio systems - $20,000 allowance. This allowance is for Owner
furnished and installed equipment and will include the cost of radios,
repeaters, antenna and related equipment. The building design shall be
coordinated to locate Owner furnished equipment and provide the
necessary wiring, conduit and power for all such equipment at the sole
expense of the Private Entity.
e. Extension of sanitary sewer to the building- $80,000 allowance. This
allowance will be applied to the construction cost of extending the
necessary sanitary sewer main or service lateral to within 5 feet of the
building. The work is to be designed, coordinated with the Western
Virginia Water Authority, and constructed by the Private Entity.
f. Extension of Water Main to Building- $105,000 allowance. This allowance
will be applied to the construction cost of extending the necessary water
main or service lateral to within 5 feet of the building connection. The
work is to be designed, coordinated with the Western Virginia Water
Authority, and constructed by the Private Entity.
g. Building Permits - $18,000 allowance. This allowance will be applied to
plan review and permit fees. The Private Entity is responsible for
obtaining any necessary permit, license, and regulatory approval needed
for the project. The Private Entitiy shall coordinate all plan submissions
necessary for the project and pay any fees directly to the regulatory
agency.
h. Utility Connection Fees - $50,000 allowance. This allowance will be
applied to the cost of water and sewer utility connections fees of the
Western Virginia Water Authority (WVWA). The Private Entity shall
coordinate all work with the WVWA and pay fees directly to WVWA.
i. Landscaping - $25,000 allowance. Private Entity to design, furnish and
install all landscaping materials.
END
Exhibit B-Police Academy-Shockey-S-13-0B.docPage 3 of 3
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
DONALD G. GURNEY
ONB CHASE MANHATTAN
HAWKINS DELAFIELD &
NEW YORK NY 10005
PLAZA 42ND
! :~ .~NOTlCE OF PUBLIC
HEARING
REFERENCE:
80160756
10864977
NOTICEOFPUBLICHEARIN
NOTICE IS HEREBY GIVEN,
pursuant to Section
15.2-2606.A of the Code .of
Virginia, 1950, th~t the
JCouncil of the City of
\ROanOke,Virginia (the
"City"), will hold a public
'hearing on Monday, May 19"
\2008, at 2:00 P.M., local.
ti.m. .e, or as soon thereafter:
.as the matter may be heard"
in the Council Chamber, Noel'
I C. Taylor Municipal Building,
215 Church Avenue, S.W."
Roanoke, Virginia 24011,- "
., with respect to the proposed!
I adoption by the Co~n~i1 of al
. resolution autho~lZIng the,
j'.City to contract a debt andl
issue general obligation
I public improvement.b~md~ of,
\ the City (and in antlclpatlOnl
\ of the issuance of any such,
bonds to issue generall
o b Ii gat ion pub Ii c\
improvement bond
. anticipation notes of the,
I[ City) in the principal amount
of $5 500,000 for the
1 purpose of providing funds to
pay the. costs of ~he:
acquisition, construction,:
: reconstruction, improvement,'
extension, enlarg~ment.and
i equipping of public buildings
'of and for the City. .
I The members of the public
are invited to attend the
',public hearing an~ t~ appear,
I and present the" views on,
1. the proposed resolution;. I
If you area person With a \
Idisability who needs
:accommodations'for this
Ipublic hearing, Please\
,contact the City Clerk's
: Office at (540) 853-2541, by
'Thursday, May.15, 2008. I
I The full text of the
I proposed resolution is on file
in the office of the City Clerk, \
'Noel C. Taylor Municipal
\Building, Room 456,"215
,Church Avenue, S.W.,
I Roanoke,. Virginia 24011.
i Dated: May 5, 2008 .
STEPHANIE M. MOON
City Clerk
I,. City O.f Roanoke; Virginia
L10864977) .
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
Virgipia. Sworn and subscribed before me this
_J1Q~_day of May 2008. Witness my hand and
official seaL
K:' J~
-- -W--/F;-
MY~OmmiSsion ex i
Notary Public
-~BliLCL\--- .
TOTAL COST:
FILED ON:
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,\\ ..l\cENLI .',
" ''II' '-7/:--"
...' ~. ....... <.:.'/.,,; '"
$ ~;""'NOTARY"'::?~ "'-:.
= ~ :' PUBLIC "..)1 :.
= *: REG. #332964 ; * :
= : MY COMMISSION: :
.. . .~-
~.~.."" ~RES I :~:
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.:~)~ .... ,.. .,' ~{f ,......
:"':.", ~W[AL.Tu Cl~ ,,'
I" . \l .\,\
! f j t t ~ I, ;, , \ \
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
PUBLISHED ON:
05/05
05/12
420.00
05/12/08
~~~:~~~~:~_~______________________, Billing Services Representative
v)~~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of
Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public
hearing on Monday, May 19, 2008, at 2:00 P.M., local time, or as soon thereafter as the matter
may be heard, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a
resolution authorizing the City to contract a debt and issue general obligation public
improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue
general obligation public improvement bond anticipation notes of the City) in the principal
amount of $5,500,000 for the purpose of providing funds to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement and equipping of public
buildings of and for the City.
The members of the public are invited to attend the public hearing and to appear
and present their views on the proposed resolution.
If you are a person with a disability who needs accommodations for this public
hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, May 15,2008.
The full text of the proposed resolution is on file in the office of the City Clerk,
Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia
24011.
Dated: May 5,2008
STEPHANIE M. MOON
City Clerk
City of Roanoke, Virginia
[TO BE PUBLISHED ON MONDAY, MAY 5, 2008
AND MONDAY, MAY 12,2008]
541429.1 031801 NTC
TO BE PUBLISHED ON MONDAY, MAY 5, 2008
AND MONDAY, MAY 12, 2008]
Notice to Publisher:
Publish in the Roanoke Times on Monday, May 5,2008 and Monday, May 12,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill and affidavit to:
Donald G. Gurney
Hawkins Delafield & Wood LLP
One Chase Manhattan Plaza, 42nd
New York, New York 10005
(800) 742-4321
2
541429.1031801 NTC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
May 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching "copy of Ordinance No. 38101-051908 allowing the
encroachment of light poles into the public right of way of Market Street and
Norfolk Avenue that extend from The Art Museum of Western Virginia's new
building at variable distances ranging from 8.24' to 3.63', upon certain terms
and conditions, and dispensing with the second reading of this ordinance by
title.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect upon its passage.
Sincerely,
~0'~
Sheila N. Hartman, CMC
Deputy City Clerk
SNH: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
Nancy Snodgrass, Zoning Administrator
() 'J-L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2008.
No_ 38101-051908_
AN ORDINANCE allowing the encroachment of light poles into the public right of
way of Market Street and Norfolk Avenue that extend from The Art Museum of Western
Virginia's new building at variable distances ranging from 8.24' to 3.63', upon certain t~rms
and conditions, and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on May 19, 2008, pursuantto ~~ 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 encroachment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Permission is hereby granted to The Art Museum of Western Virginia to allow
the encroachment into the public right of way of Norfolk Street and Market Avenue of eleven
light poles that will surround The Art Museum of Western Virginia's new building. The
light poles encroach into the right of way at variable distances ranging from 8.24' to 3.63',
as is more fully stated in the City Manager's letter and attachment to this Council dated
May 19,2008.
2. As a condition to the allowance of this permit, The Art Museum of Western
,
Virginia, its grantees, assignees, or successors in interest shall agree to indemnify and save
harmless the City of Roanoke, its officers, agents, assigns and employees from all claims for
injuries or damages to persons or property that may arise by reason of the above described
encroachment. The Art Museum shall be solely responsible for the maintenance and upkeep
of the light poles.
3. The City Clerk shall transmit an attested copy of this ordinance to the
Executive Director of The Art Museum of Western Virginia, at Center in the Square, 1
Market Square, Second Floor, Roanoke, Virginia 24011.
4. This ordinance shall be in full force and effect at such time as an Application
for Encroachment Permit has been duly signed and properly acknowledged by The Art
Museum of Western Virginia and has been returned to the City, and shall remain in effect
only so long as a valid, current certificate evidencing the insurance requirements contained
within such Application is on file in the Office of the City Clerk.
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
~~,((~.,..,
Q;ttY,Glerk:
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
May 19, 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: Encroachment into Public Right-
of-Way for Light Poles on Market
Street and Norfolk Avenue
The Art Museum of Western Virginia requests an encroachment into the public
right of way of Market Street and Norfolk Avenue to install eleven (11) light
poles that surround the new museum. The light poles extend into the right of
way at variable distances that range between 8.24' to 3.63'. A plat is attached
to this letter showing the location of each light pole and the distance each light
pole encroaches into the right of way. The museum contractor is currently
installing underground utilities within the right-of-way for the light poles.
Installation, operation, and maintenance of the light poles will be the sole
responsibility of the Art Museum. The Art Museum will be required to indemnify
and hold the City harmless on any claims against the City that arise in
connection with the placement of such light poles.
Recommended Action(s):
Authorize the City Manager to execute the appropriate document(s) granting
the encroachment as described above, such document to be approved as to
form by the City Attorney.
Respectfully submitted,
Darlene L. Burcham
City Manager
Honorable Mayor and Members of City Council
May 19, 2008
Page 2
DLB/LB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Nancy Snodgrass, Zoning Administrator
CM08-00072
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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
10877590
PUBLICHEARINGTheCity
NOTICE OF
PUBLIC HEARING.
State of Virginia
City of Roanoke
The City of Roanoke
proposes to grant an
encroachment into the
public right of way to The Art
Museum of Western Virginia.
in order that the Art Museum I
may place light poles that!
will surround the new art j
museum building into thel
.public rights of way located
on Norfolk Avenue, SE and
Market Street, SE, in the City
of Roanoke.
The City Council of the City I
of Roanoke will hold a public
hearing on Monday, May 19, 1
2008, at 7:00 p.m., or as
soon thereafter as the
matter may be. heard, in.the .
: Council Chamber, on the
i fourth 'floor of the Noel C.
Taylor Municipal 8uildlng;
located at 215 Church
Avenue, S.W:, Roanoke,
Virginia, 24011,'to consider
this matter. )
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 ac.commodalions for
this hearing, please contact
the City Clerks Office, at
853-2541, before noon on
Thursday, May 15, 2008.
GIVEN under my hand this
6th day of May, 2008. .
Stephanie M. Moon, CMC
City Clerk.
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
Virg~nia. Sworn and subscribed before me this
_JlQ~_day of May 2008. Witness my hand and
official seal.
v--: ~
__ ~_ _ _ __ _______ __ Notary Public
Myfcomm~i~ x ires __ _ ~Lr2J)llc--.
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!10877590) .
PUBLISHED ON:
05/09
TOTAL COST:
FILED ON:
150.00
05/09/08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
~~~~~~~::~~_______________________, Billing Services Representative
Ode
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to grant an encroachment into the public right of way to The
Art Museum of Western Virginia in order that the Art Museum may place light poles that will
surround the new art museum building into the public rights of way located on Norfolk Avenue, SE
and Market Street, SE, in the City of Roanoke.
The City Council of the City of Roanoke will hold a public hearing on Monday, May 19,
2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, on the
fourth floor of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W.,
Roanoke, Virginia, 24011, to consider this matter.
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 Clerks Office, at 853-2541, before noon on Thursday, May 15, 2008.
GNEN under my hand this ..6.:th day of May
,2008.
Stephanie M. Moon, CMC
City Clerk.
.' /'. .,1
Notice to Publisher:
Publish in the Roanoke Times on Friday, May 9,2008.
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: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38103-051908 amending and reordaining
Section 19-17, Real estate appraisers. brokers and salesmen. Article III, Special
License Taxation, Chapter 19, License Tax Code. Code of the City of Roanoke,
providing. for an effective date, and dispensing with the second reading of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May.1 9, 2008, and is in full
force and effect on January 1 , 2009.
Sincerely,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida \
32316
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, Treasurer
Darlene L. Burcham
May 20, 2008
Pag e 2
Ronald S. Albright, Clerk, General District Court
David C. Wells, 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
Sherman M. Stovall, Director, Office of Management and Budget
Dana D. Long, Manager, Billings and Collections
. ~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINLt\.
The 19th day of May, 2008.
No. 38103-051908.
AN ORDINANCE amending and reordaining Section 19-77, Real estate
appraisers. brokers and salesmen. of Article III, S1Jecial License Taxation .of Chapter 19,
License Tax Code, Code of the City of Roanoke; providing for an effective date; and
dispensing with the second reading by title ofthis ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 19-77, Real estate appraisers. brokers and salesmen, of Chapter
19, License Tax Code, Code of the City of Roanoke, is hereby amended and reordained
to read and provide as follows:
~ 19~ 77. Real estate appraisers. brokers and salesmen.
(a) Effective (retroactively) January 1, 1980, there is imposed upon
every real estate broker as defined in section 54-730, Code of Virginia
(1950), as amended, and upon every person engaged in the business of
appraising real estate, with a definite place of business or office in this
city, the following annual license tax with respect to his gross receipts for
the prior calendar year (or for such other applicable period) during the
periods set forth:
(1) From January 1, 1980 through December 31, 1980, forty-four dollars
($44.00) plus forty-seven cents ($0.47) per one hundred dollars ($100.00)
of gross receipts.
(2) From January 1, 1981 through December 31, 1981, forty dollars'
($40.00) plus forty-seven cents ($0.47) per one hundred dollars ($100.00)
of gross receipts.
(3) From January 1, 1982, through December 31, 2008, and thereafter,
unless othcrv;ise ordained, thirty-six dollars ($36.00) plus forty-seven
cents ($0.47) per one hundred dollars ($100.00) of gross receipts.
(4) From January 1, 2009, and thereafter, unless otherwise ordained,
thirty-six dollars ($36.00) plus fifty-eight cents ($0.58) per one hundred
dollars ($100.00) of gross receipts
***
K:\Measures\Code Amendment 19-77 Real Estate Appraiser brokers and salesmen Fee 200S.doc
1
2009.
2. This Ordinance shall be in full force and effect on and after January 1,
3. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~'~r
~t!y Cle~k.'
K:\Measures\CodeAmendment 19-77 Real Estate Appraiser brokers and salesmen Fee 200S.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
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 20, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38102-051908 amending s19-45, License
tax cateqories and rates. Article II, Business. Professional and Occupational
License Taxation. Chapter 19, License Tax Code. Code of the City of Roanoke,
providing for an effective date, and dispensing with the second reading of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 19, 2008, and is in full
force and effect on January 1 , 2009.
~'Y~0.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Attachment
pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida
32316
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, Treasurer
Darlene L. Burcham
May 20, 2008
Page 2
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate
Lara A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Dana D. Long, Manager, Billings and Collections
Cecelia R. Tyree, Assistant Deputy City Clerk
.~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2008.
No. 38102-051908.
AN ORDINANCE amending S 19-45, License tax categories and rates, Article II, Business,
Professional and Occupational License Taxation, of Chapter 19, License Tax Code, Code of the City
of Roanoke; providing for an effective date; and dispensing with the second reading of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 19-45, License tax categories and rates, of Chapter 19, License Tax Code,
Code of the City of Roanoke, is hereby amended to read and provide as follows:
S 19-45. License tax categories and rates.
***
(b) Except as otherwise provided in this chapter, any business with gross
receipts of more than one hundred thousand dollars ($100,000.00) shall be
subject to a license tax based on the prior calendar year's gross receipts,
including the first one hundred thousand dollars ($100,000.00) of such gross
receipts, at the rate set forth below for each class of enterprise:
(1) For contracting, and persons constructing for their own account for sale,
fourteensixteen cents ($0.4416) per one hundred dollars ($100.00) of gross
receipts;
***
2. This Ordinance shall be in full force and effect on and after January 1, 2009.
3. Pursuant to S12 ofthe Roanoke City Charter, the second reading by title paragraph of
this ordinance is hereby dispensed with.
ATTE~~;\f} \:&;.. ..))~;L~/\'....."., \, .'
c)''-' 1 ',' ,"' \, 1\ .' -'
! I,' I / ' ,,:\ ". 'f~ )':',; \.,'
: \(i) ,- \. ,
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
May 19, 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: Proposed Business License Tax
Changes
Background:
The recommended Fiscal Year 2008-09 budget included a proposed change
in the business license taxes for contractors, real estate appraisers, and
brokers. The City Attorney advised on May 7, 2008 that a public hearing is
required by law to change the business license tax rate.
Considerations:
Currently, the business license tax for contractors and for persons
constructing for their own account for sale, is fourteen cents ($0.14) per one
hundred dollars ($100) of gross receipts. The proposed amended tax is
sixteen cents ($0.16) per one hundred dollars ($100) of gross receipts.
Currently, every real estate broker and every person engaged in the business
of appraising real estate, who has a place of business or office in the City, is
charged an annual license tax of thirty-six dollars ($36) plus forty-seven
cents ($0.47) per one hundred dollars ($100) of gross receipts. The
proposed license tax is an annual license tax of thirty-six dollars ($36) plus
fifty-eight cents ($0.58) per one hundred dollars ($100) of gross receipts.
Honorable Mayor and Members of City Council
May 19, 2008
Page 2
These proposed increases bring the City's fees for these categories up to the
maximum set by the State, and they also match the fees charged in Roanoke
County.
Recommended Action:
Following a public hearing, approve the attached ordinance to amend the
City's business license tax rates to reflect the aforementioned changes
effective January 1, 2009.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:rbl
c: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
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
Sherman M. Stovall, Director of Management and Budget
CM08-00077
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S OFFICE
21S CHURCH AVE SW RM 4S6
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
NOTICE OF PUBLIC
. HEARING.
REFERENCE:
32143302
10877763
NOTICE OF PUBLIC HEA
, The Council of the City.
lof Roanoke will hold a public
hearing on Monday, May 19,
i 2008, at 7:00 p.m., or as
'soon thereafter as the
matte(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 tOI
Sections 19-45 and 19-77
of the Code of thei
City of Roanoke (1979), I
as amended, to increase
the City's license tax for
real.estate appraisers,
brokers, and salesmen to
$36.00 plus"$.58 per one
hundred dollars of gross
r. e c e i p t s, an d for
I ciintractors an~'.'p'ersoris'
c!instru"ciing for their own
; account for sale. of' $.16
I per one hundred dollars of
: gross receipts beginning
\ January 1, 2009. .
A cop y: 0 f the.
. amendments are available
I for review in the Office of the
City Clerk, Room 456, Noel
. C. Taylor Municipal Building,
: 215 Church Avenue, S.W.,
I Roanoke, Virginia.
All parties in interest and
citizens may appear on the
above date and be heard.
on the mailer. If you are a
person with a disability who
needs accommodations for
this hearing, please contact
the City Clerk's Office, at I
! 853-2541, before noon on
the Thursday before the date ..
of the hearing listed above. '
GIVEN under my hand this
7th day of May, 2008. .
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:
I
I
I
I
I
I
I
I
I
I
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: : REG. #332964: : I
: *: M'< COMM\~S\O\'l :::: = I
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TOTAL COST: 186.00 ":.". ~~. '. .....-S;:~ ......... I
FILED ON: OS/09/08 "",?4'VVEf\L,''rI,\J,\,,'" I
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - J./7 fi ,-", 11'''''\ - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_~--L9-~day of May 2008. Witness my hand and
official seal.
~~ it
-~-
Mt commi s'on e p
PUBLISHED ON:
OS/09
Stephanie M. Moon, CMC
City Cle.rk.
(10877763)
~~~~~~~~:~~~________________________, Billing Services Representative
"
~
~
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, May 19, 2008, at
7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider
the following:
An amendment to Sections 19-45 and 19-77 of the Code of the City of
Roanoke (1979), as amended, to increase the City's license tax foneal estate
appraisers, brokers, and salesmen to $36.00 plus $.58 per one hundred dollars
of gross receipts, and for contractors and persons constructing for their own
account for sale of $.16 per one hundred dollars of gross receipts beginning
January 1, 2009.
A copy of the amendments are 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 7th day of May
,2008.
Stephanie M. Moon, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Friday, May 9, _ 2008 .
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
PH Notice Code Amendment~ for fee~ 200ltrloc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANm M. MOON, CMC
City Clerk
May 20, 2008
Ms. Lori E. Vaught
3633 Oaklawn Avenue, N. E.
Roanoke, Virginia 24012
Dear Ms. Vaught:
I am enclosing copy of Resolution No. 38104-051908 appointing you as a Trustee
on the Roanoke City School Board for a term commencing July 1, 2008 and ending
June 30, 2011. .
Please find enclosed a Certificate of your appointment. Your Oath of Office has
been forwarded to Cindy H. Poulton, Clerk, Roanoke City School Board, for
appropriate handling prior to commencement of your term of office. You are
requested to return one copy of the Oath of Office to the undersigned prior to
serving in the capacity to which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be
provided with a copy within two weeks of your appointment and each member is
required "to read and become familiar with provisions of the Act."
K:\oath and leaving service\School Board\School2008\Lori E Vaught appt letter.doc
Ms. Lori E. Vaught
May 20, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a Trustee of the
Roanoke City School Board.
Sincerely,
~0.
Sheila N. Hartman, CMC
Deputy City Clerk
SN H: ew
Enclosure
pc: Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
K:\oath and leaving service\School Board\School2008\Lori E Vaught appt letter.doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Sheila N. Hartman, Deputy City Clerk, and as such Deputy City Clerk of the
City of Roanoke and keeper of the records thereof, do hereby certify that at a
regular meeting of Council which was held on the nineteenth day of May, 2008,
LORI E. VAUGHT was appointed as a Trustee of the Roanoke City School Board, for
a term of three years commencing July 1, 2008 and ending June 30, 2011.
Given under my hand and the Seal of the City of Roanoke this twentieth day
of May, 2008.
~~,
Deiputy City Clerk
K:\oath and leaving service\School Board\School 2008\Lori E Vaught appt letteLdoc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 20, 2008
Mr. David B. Carson
3037 Carolina Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Carson:
I am enclosing copy of Resolution No. 38104-051908 appointing you as a Trustee
on the Roanoke City School Board for a term commencing July 1,2008 and ending
June 30, 2011.
Please find enclosed a Certificate of your reappointment, Your Oath of Office has
been forwarded to Cindy H. Poulton, Clerk, Roanoke City School Board, for
appropriate handling prior to commencement of your term of office. You are
requested to return one copy of the Oath of Office to the undersigned prior to
serving in the capacity to which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be
provided with a copy within two weeks of your appointment and each member is
required "to read and become familiar with provisions of the Act."
K:\oath and leaving service\School Board\School 2008\David B Carson appt letter. doc
Mr. David B. Carson
May 20, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue to serve the City of Roanoke as a
Trustee of the Roanoke City School Board.
Sincerely,
Q$;.L 0-
Sheila N. Hartman, CMC
Deputy City Clerk
,
SNH:ew
Enclosure
pc: Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031 .
K:\oath and leaving service\School Board\School 2008\David B Carson appt letter.doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Sheila N. Hartman, Deputy City Clerk, and as such Deputy City Clerk ofthe
City of Roanoke and keeper of the records thereof, do hereby certify that at a
regular meeting of Council which was held on the nineteenth day of May, 2008,
DAVID B. CARSON was reappointed as a Trustee of the Roanoke City School
Board, for a term of three years commencing July 1, 2008 and ending June 30,
2011.
Given under my hand and the Seal of the City of Roanoke this twentieth day
of May, 2008.
Qj;L 0.
Deputy City Clerk
K:\oath and leaving service\School Board\School 2008\David B Carson appt letter.doc
~
~
IN THE COUNClL OF THE CITY OF ROANOKE, VIRGINIA
The 19thd~i.of'May, 2008.
. No~. .38104-051908.
.,.
A RESOLUTION appointing David B. Carson and tClri' E. Vaught as School Board Trustees
on the Roanoke City School Board for terms commencing July 1, 2008, and ending June 30, 2011.
WHEREAS, pursuant to ~9-24, Code ofthe City of Roanoke (1979), as amended, a public
hearing was held May 5, 2008, relating to the appointment of School Board Trustees; and
WHEREAS, this Council is desirous of appointing David B. Carson and Lori E. Vaught to
fill the vacancies on the Roanoke City School Board.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. David B.. Carson and Lori E. Vaught are hereby appointed as School Board Trustees
on the Roanoke City School Board for terms commencing July 1, 2008,.and ending June 30, 2011.
2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk
of Roanoke City School Cindy Poulton, and to David B. Carson and Lori E. Vaught.
ATTEST:
~1~ ?itYClerk.
\~l'Y
f><J .. A., ';n
~'jl.
1t.\MBAS1lllllS\SCHOOL BOARD '1'RtJSTBB APPOIH'l'MllN'1' 2008.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Assistant City Clerk
STEPHANIE M. MOON, CMC
Acting City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
May 30, 2008
Robert C. Lawson, President and CEO
Western Region
Sun Trust Bank
P. O. Box 2867
Roanoke, Virginia 24001-2867
Dear Mr. Lawson:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2008, you were reappointed as a City representative to the
Board of Directors, Western Virginia Water Authority, for a term ending June 30,
2012. .
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, prior to serving
in the capacity to which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
Your Disclosure of Real Estate Holdings is already on file in the City Clerk's
Office.
Robert C. Lawson
May 30, 2008
Page 2
Thank-you for your willingness to continue your service as a Director of the
Western Virginia Water Authority.
Sincerely,
~J;.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Enclosures
pc: Wanda G. Riley, CPS, Clerk, Roanoke County Board of Supervisors,
P. O. Box 29800, Roanoke, Virginia 24018-0798
Harwell M. Darby, Jr., Attorney, Glenn, Feldmann, Darby and Goodlatte,
210 First Street, S. W., Roanoke, Virginia 24011
Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water
Authority
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Sheila N. Hartman, Deputy City Clerk, and as such Deputy City Clerk of
the City of Roanoke and keeper of the records thereof, do hereby certify that at
a regular meeting of the Council of the City of Roanoke which was held on the
nineteenth day of May, 2008, ROBERT C. LAWSON was reappointed as a City
representative to the Board of Directors, Western Virginia Water Authority, for a
term ending June 30, 2012.
Given under my hand and the Seal of the City of Roanoke this thirtieth
day of May 2008.
~)).~
Deputy City Clerk