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Home My WebLink AboutCouncil Actions 06-16-08 LEA 38119-061608 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 16,2008 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Mason was absent; and Council Members Fitzpatrick and Wishneff arrived late. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. 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, June 19 at 7:00 p.m., and Saturday, June 21 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCil RECEIVE THE CITY COUNCil AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUilDING, 215 CHURCH AVENUE, S. W., 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.CLlCKONTHESERVICEICON.CLlCK ON COUNCil AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCil MEETING. IF ADOBE ACROBAT IS NOT AVAilABLE, A PROMPT Will APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL EFFORTS Will BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. All PERSONS WISHING TO ADDRESS COUNCil Will BE REQUIRED TO CAll THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCil MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCil CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCil MEETING. ONCE THE COUNCil MEETING HAS CONVENED, THERE Will BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS Will BE AllOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER Will BE AllOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCil APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution paying tribute to the Honorable C. Nelson Harris, Mayor. Adopted Resolution No. 38119-061608. (4-0) (Council Members Fitzpatrick and Wishneff were not present when vote was recorded.) A Resolution paying tribute to the Honorable Beverly T. Fitzpatrick, Jr., Council Member. Action on the matter was deferred until the arrival of Council Member Fitzpatrick. Adopted Resolution No. 38120-061608. (5-0, Council Member Fitzpatrick abstained from voting) A Resolution paying tribute to the Honorable Brian J. Wishneff, Council Member. Adopted Resolution No. 38121-061608. (4-0) (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.) A Resolution paying tribute to Jesse A. Hall, Director of Finance. Adopted Resolution No. 38122-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) A Resolution appointing a Director of Finance for the City of Roanoke, Virginia. Adopted Resolution No. 38123-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 3. CONSENT AGENDA (APPROVED 5-0) 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 SE~ARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM Will BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 3 C-1 A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-2 A from the City Manager requesting that Council convene in a Closed Meeting to discuss the acquisition of real property for a public purpose-, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 21 , 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, for encroachments in public right-of- way at 1801 Belleville Road and Sherwood Avenue, S. W. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from Charles R. Shaver tendering his resignation as a City representative of the Roanoke Valley Greenways Commission. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-5 Reports of qualification of David J. Brown as member of the Roanoke Arts Commission for a term ending June 30, 2011; and Sherman M. Stovall as a member of the City of Roanoke Finance Board for a term ending June 1, 2010. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. Recommendation of the Clerk of Circuit Court for acceptance of Compensation Board Technology Trust funds; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 38124-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 4 6. REPORTS OF OFFICERS: a. CITY MANAGER: Adopted Budget Ordinance No. 38125-061608 transferring funds between specific Human Services Committee agencies, in connection with approval of funds for the Southwestern Virginia Second Harvest Food Bank and Brain Injury Services of Southwest Virginia. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) BRIEFINGS: . Proposed Relocation of the Firefighter Memorial. Briefing was held immediately following the 2:00 p.m. session of the Council. ITEMS RECOMMENDED FOR ACTION: 1. Approval and reestablishment of the Downtown Residential Parking Program to provide parking permits for residents within the Central Business District in City-owned and/or operated parking garages, effective June 16, 2008 until June 30, 2011, unless sooner modified or terminated by City Council. (Action on Resolution was tabled at the April 21, 2008 Council meeting.) *Matter was deferred until the arrival of Council Member Fitzpatrick (2:45 p.m.) Adopted Resolution No. 38126-061608. (5-0, Vice-Mayor Trinkle abstained from voting.) 2. Adoption of an advertising policy. Adopted Resolution No. 38127-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 3. Execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of marketing the Roanoke Valley as a convention and destination tourism site. Adopted Resolution No. 38128-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 5 4. Execution of a Performance Agreement between the City of Roanoke, the Economic Development Authority, and Maple Leaf Bakery, Inc., for promotion of economic development within the City and the Roanoke Valley. Adopted Ordinance No. 38129-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 5. Execution of an agreement granting permission to the Art Museum of Western Virginia to paint a mural on a City-owned retaining wall adjacent to Salem Avenue and Williamson Road, S. E. Adopted Ordinance No. 38130-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 6. Execution of Amendment NO.1 to a contract dated April 17, 2007, between the City of Roanoke and Genuine Parts Company in order to modify the contract term and adjust the contract amount. Adopted Ordinance No. 38131-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 7. Execution of Amendment No.3 to a Performance Agreement dated November 18, 2004, between the City of Roanoke, IMD Investment Group, LLC, and the Economic Development Authority of the City of Roanoke, in order to provide an additional time period for development of certain property within the Ivy Market Shopping Center. Adopted Ordinance No. 38132-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 8. Execution of a Third Amendment to a Deed of Lease dated June 5,2001, granting permission to the Virginia Department of Health to lease City-owned space located at 51 5 and 530 8th Street, S. W., for additional periods of one month each until June 30, 2009. Adopted Ordinance No. 38133-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 6 9. Appropriation of additional funds to the Department of Social Services and the Comprehensive Services Act. Adopted Budget Ordinance No. 38134-061608. (5-0) (Council Member Fitzpatrick was not present when the vote was recorded.) 10. Acceptance of the 2008-2009 Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program funds from the U. S. Department of Housing and Urban Development; and appropriation of funds. Adopted Resolution No. 38135-061608 (4-0, Council Member Nash abstained from voting.) *At this point, Council Member Fitzpatrick arrived at the meeting (2:45 p.m.). Budget Ordinance No. 38136-061608. (5-0, Council Member Nash abstained from voting.) 11. Amendment of the City Code to include a section pertaining to loans or grants for the purchase or rehabilitation of certain residences, effective July 1, 2008. Adopted Ord i nance No. 381 37-061 608. (6-0) 12. Joint communication from the City Manager and the City Attorney recommending adoption of a utility relocation policy. Adopted Resol ution No. 381 38-061608. (6-0) 7. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds from the General Fund Undesignated Fund Balance to support Roanoke City Schools' ongoing effort to repair school roofs; and a report of the Director of Finance recommending that Council concur in the request. Kim Wade, Lead Accountant, and Rita Enoch, Budget Analyst, Spokespersons. Adopted Budget) Ordinance No. 38139-061608. (6-0) 8. UNFINISHED BUSINESS: NONE. 7 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. An ordinance establishing compensation for the Council-Appointed Officers for fiscal year beginning July 1, 2008. Adopted Ordinance No. 38140-061608. (6-0) b. Adoption of Resolution No. 38141-061608 to address Virginia's transportation funding crisis. (6-0) 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. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCil SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER Will BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL Robert Gravely, 3360 Hershberger Road, N. W. 12. CITY MANAGER COMMENTS: The City Manager pointed out that the Council had previously approved a performance agreement with Maple leaf Bakery and this was the company's fourth expansion in the City of Roanoke. She noted that this is the largest plant Maple leaf Bakery has in the United States. In addition, she shared that Roanoke Fire-EMS recently received the 2008 Regional Award for the Outstanding EMS Agency for the Western Virginia EMS Region. She also reported that on Saturday, June 14, a fundraising event was held for Roanoke Police Officer Bryan lawrence that involved 1,300 motorcycles participating in a seven-mile motorcade, which raised approximately $40,000.00 to help offset Officer lawrence's medical expenses. 8 The City Manager announced that IClEI, local Governments for Sustainability, awarded the City of Roanoke a star for completing the first of five milestones in the Cities for Climate Protection Campaign: conducting an emissions inventory and forecast. She also mentioned that the NAACP recently recognized the City of Roanoke for its ongoing support for the mission of the Roanoke Branch NAACP at its Annual Citizens of the Year Banquet, which was held at The Hotel Roanoke and Conference Center on Friday, June 13, 2008. In conclusion, she announced that Saturday, June 21, the City's public safety departments and other City departments will attend a Juneteenth community event to share information about services with citizens. She said in response to the recent homicide in the City, the Roanoke Police Department diligently worked to make an arrest, advising that a suspect was now in custody. She expressed personal concern that firearms were too readily available in the community. THE COUNCil MEETING WAS DECLARED IN RECESS TO BE RECONVENED IN THE COUNCil'S CONFERENCE ROOM FOR A BRIEFING ON THE PROPOSED FIREFIGHTER MONUMENT AND TWO CLOSED MEETINGS. . Council Member Wishneff left following the recess of the 2:00 p.m. session. (3: 10 p.m.) CERTIFICATION OF THE CLOSED MEETING. (5-0) The following individuals were appointed/reappointment: Reappointed Sherman P. lea, Jr., and Aaron Ewert as members of, the Youth Services Citizen Board for terms of three years, each, ending May 31,2011. Reappointed James B. lee as a City representative to the Roanoke Valley Greenways Commission for a term of three years ending June 30, 2011. Reappointed Martha P. Franklin as the City Employee representative to the Personnel and Employment Practices Commission for a term of three years ending June 30, 2011. J Reappointed Susan Egbert as a member of the Roanoke Arts Commission for a term of three years ending June 30, 2011. 9 Reappointed Susan M. Koch and Stanley C. Breakell as members of the Roanoke Public library Board for terms of three years, each, ending June 30, 2011. Reappointed Vice-Mayor David B. Trinkle as a City representative to the Roanoke Valley Area Metropolitan Planning Organization for a term of three years ending June 30, 2011. Reappointed A. Morris Turner, Jr., and Barton J. Wilner as members of the Roanoke Valley Convention and Visitors Bureau Board of Directors for terms of one year, each, ending June 30,2009. Reappointed Judge Jacqueline Ward Talevi as a City representative to the Court Community Correction Program, Regional Community Criminal Justice Board for a term of three years ending June 30, 2011. Reappointed Carla l. Terry as the City representative to the Roanoke Valley Regional Cable Television Committee for a term of three years ending June 30, 2011. Appointed Vice-Mayor David B. Trinkle as the Council Member representative to the Hotel Roanoke Conference Center Commission to fill the unexpired term of Jesse A. Hall ending April 8, 2011. Appointed Council Member Sherman P. lea and Sheriff Octavia Johnson as City representatives to the Virginia CARES Board of Directors. Appointed Robin Murphy-Kelso as the City representative to the local Office on Aging Advisory Council for a term ending February 28,2009. Appointed Elizabeth D. Rhine as a City representative to the Roanoke Valley Greenways Commission to fill the unexpired term of Charles R. Shaver ending June 30, 2010. Appointed Vice-Mayor David B. Trinkle as the City Council representative to the City of Roanoke/Roanoke City Public Schools Joint Services Committee. Appointed Ken King and Michael Smith as representatives to the Promise of Roanoke Steering Committee. 10 Appointed Vice-Mayor David B. Trinkle (elected official), Darlene l. Burcham (technical advisor), Jay Foster (private sector) and Terri Workman (private sector) as City representatives to the Roanoke Valley- Alleghany Regional Commission, Comprehensive Economic Development Strategy Committee for terms ending March 31, 2011. Appointed Theodore W. Adkins as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term of two years commencing July 1, 2008 and ending June 30, 2010. Appointed Judge Joseph P. Bounds as a City representative to the Court Community Correction Program, Regional Community Criminal Justice Board for a term of three years commencing July 1, 2008 and ending June 30, 2011. Appointed Ronald l. McCorkle, Jr., as a member of the Roanoke Neighborhood Advocates for a term of two years commencing July 1, 2008 and ending June 30, 2010. Appointed Mayor C. Nelson Harris as a member of the Roanoke Public library Board for a term of three years commencing July 1, 2008 and ending June 30, 2011. Appointed Mayor-Elect David A. Bowers as a City representative to the Roanoke Valley-Allegheny Regional Commission for a term of three years, commencing July 1, 2008 and ending June 30, 2011. Appointed Council Member-Elect Court G. Rosen as a City representative to the Roanoke Valley-Allegheny Regional Commission to fill the unexpired term of Beverly T. Fitzpatrick, Jr. for a term commencing July 1, 2008, ending June 30,2009. Appointed Council Member Alvin l. Nash as a City representative to the Roanoke Valley Area Metropolitan Planning Organization for a term of three years commencing July 1, 2008 and ending June 30, 2011. THE COUNCil MEETING WAS RECESSED TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCil CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUilDING. A RECEPTION FOR MAYOR HARRIS AND COUNCil MEMBERS FITZPATRICK AND WISHNEFF. AND DIRECTOR OF FINANCE IN RECOGNITION OF SERVICE TO THE CITY OF ROANOKE WAS HELD FROM 5:00 P.M. - 6:30 P.M.. IN THE EOC CONFERENCE ROOM. ROOM 159. FIRST FLOOR OF THE NOEL C. TAYLOR MUNICIPAL BUilDING. 11 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 16,2008 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Council Members Mason and Wishneff were absent. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Thursday, June 19 at 7:00 p.m., and Saturday, June 21 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 12 PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation by the Mayor. Presented an Honorary Citizenship Certificate and City gifts to Sinja Renuka Schweiger, an Exchange Student from Germany. A. PUBLIC HEARINGS: 1. Request of the City Planning Commission to rezone properties located at 943 Murray Avenue, S. E., 2621 Barham Road, S. W., and 2835 Garden City Boulevard, S. E., in order to place the properties in respective districts which are consistent with their current uses. Christopher L. Chittum, Agent, City Planning Commission, Spokesperson. Adopted Ordinance Nos. 38142-061608, 38143-061608 and 38144- 061608. (5-0) 2. Consideration of a proposed lease agreement between the City of Roanoke and Tokyo Express to provide rental space in the City Market Building for use as a food court business. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38145-061608. (5-0) 3. Consideration of a proposed Deed of Reservation on City-owned property to allow various easements in connection with the Roanoke River Flood Reduction Project. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38146-061608. (5-0) B. UNFINISHED BUSINESS: 1. Continuation of an appeal of a decision of the Architectural Review Board filed by the Roanoke Redevelopment and Housing Authority with regard to a Certificate of Appropriateness for the demolition of a structure located at 806 Marshall Avenue, S. W. (The matter was tabled at the December 17, 2007 Council meeting.) Council voted to reverse the decision of the City of Roanoke Architectural Review Board and to grant the request for a Certificate of Appropriateness for the demolition of a residential family structure at 806 Marshall Avenue, S. W. 13 C. 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 Chris Craft, 1501 East Gate Avenue, N. E. 14 ~ ...~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38119-061~ A RESOLUTION paying tribute to the Honorable C. Nelson Harris, Mayor of the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public servIce. WHEREAS, the Honorable C. Nelson Harris will have' served as Mayor of the City of Roanoke from July 1, 2004, to June 30, 2008, and also as a member of City Council for eight years, twice serving as Vice-Mayor; WHEREAS, Mayor Harris is a native of Roanoke, and received his bachelors degree at Radford University and his master of divinity degree at Southeastern Baptist Theological Seminary. He has done postgraduate work at Princeton Theological Seminary, where he was named a Pastoral Fellow in- 2006; WHEREAS, while devoting countless hours to his duties as Mayor, he has simultaneously served as Pastor of Virginia Heights Baptist Church in Roanoke; WHEREAS, Mayor Harris served on the Roanoke City School Board from 1992-1996, and as its chair from 1994-1996; WHEREAS, Mayor Harris has served as an ex officio member of all of the committees of Council; WHEREAS, Mayor Harris' record of leadership includes an appointment by Governor Tim Kaine to the Radford University Board of Visitors, selection as a Marshall Fellow, designation as "Roanoker of the Year" ..by The Roanoker magazine in 2005 and 2006, past recipient of the Roanoke Jaycees' "Outstanding Young Man of the Year" award, and in 2007 CITY magazine named him as local politician "Most Supportive of the Arts", he having been the originator of the City's Arts Festival; and K:\Measures\Tribute Measures\Harrris 2008 going off as Mayor.doc WHEREAS, Mayor Harris has a deep interest in the history of this region, and has authored a number of books in this field. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this resolution as a means of paying tribute to the Honorable C. Nelson Harris, and expresses to him the heartfelt appreciation of this City and its people for his record of dedicated and exemplary service as a member of this Council and as Mayor of the City of Roanoke. ATTEST: ~'M,~ City Clerk. K:\Measures\Tribute Measures\Harrris 2008 going off as Mayor.doc J.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA !.Che.-106.th day of June, 2008. No. 38120-061608. A RESOLUTION paying tribute to the Honorable Beverly T. Fitzpatrick, Jr., and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Mr. Fitzpatrick was born in Roanoke, Virginia, and educated at the Economic Development Institute of the University of Oklahoma, University of North Carolina, Ferrum College, and has a bachelor's degree from Virginia Polytechnic Institute and State University; WHEREAS, Mr. Fitzpatrick has been actively involved in the community, serving as vice-chair of University Connection (Smart Road), on the board of directors for Blue Ridge Public Television, chair of the Roanoke City Economic Development Commission, as commissioner of the Roanoke Redevelopment and Housing Authority, on the board of directors of the Lewis-Gale Foundation, secretary of the Foundation for Regional Excellence, To The Rescue - Julian Stanley Wise Foundation Advisory Board, member of the Downtown Roanoke, Inc., board, president of the Commonwealth Coach & Trolley Museum, and he has also been involved with the Sorensen Institute for Political Leadership, Roanoke Higher Education Center, Economic Development Committee; Center for Innovative Leadership, and The Foundation for Downtown Roanoke, among many, many, other activities; WHEREAS, having last been elected to City Council in 2004, Mr. Fitzpatrick served as Vice- Mayor from July 2004 through June 2006, July 1988 through June 1990, and July 1992 through October 1993, and for varying terms as a member of City Council since July 1988; and WHEREAS, Mr. Fitzpatrick has worked diligently as Chair of Council's Legislative Committee to identify legislative solutions to problems and bring about positive changes for the City of Roanoke, and has serveq on Council's Audit and Personnel Committees, the Transportation Policy K:\Measures\Tribute Measures\Fitzpatrick 2008 going off.doc Committee of the Virginia Municipal League, as Vice-President of the Greater Roanoke Transit Company board of directors, as the City's representative to Virginia's First Cities Coalition, and as liaison to the Roanoke Redevelopment and Housing Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Beverly T. Fitzpatrick, Jr. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Beverly T. Fitzpatrick, Jr. ATTEST: ~ :rv,. ro\'()~ City Clerk. - \:., K:\Measures\Tribute Measures\Fitzpatrick 2008 going off.doc -J "t\~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38121-061608. A RESOLU1'ION paying tribute to the Honorable Brian Wishneff, and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Mr; Wishneff was born in Norfolk, Virginia, and has bachelor's and master's degrees from Virginia Polytechnic Institute and State University; WHEREAS, Mr. Wishneff served the City as Chief of Economic Development from 1979- 1993; WHEREAS, Mr. Wishneff is currently President of Brian Wishneff & Associates, and an Adjunct Professor at Virginia Tech University; -: \ WHEREAS, Mr. Wishneff has been actively involved in the community, serving on the Roanoke City School Board from 1996 to 2002, and as Acting Director of the Hotel Roanoke Conference Center Commission from 1993 to 1996; WHEREAS, Mr. Wishneff was elected to City Council for a term that commenced July 1, 2004; and WHEREAS, during his time on City Council, Mr. Wishneff served on the Council's Audit and Personnel Committees, the Greater Roanoke Transit Company board of directors, Council's Legislative Committee, on the New River Valley Commerce Park Participation Committee, and Virginia's First Regional Industrial Facility Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Brian Wishneff. K:\Measures\ Tribute Measures\Wishneff going off 2008 ,doc 2. The City Clerk IS directed to forward an attested copy of this resolution to the Honorable Brian Wishneff. ATTEST: ~ht.~~ City Clerk. K:\Measures\Tribute Measures\Wishneff going off 2008.doc ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38122-061608. A RESOLUTION paying tribute to Jesse Addison Hall, Director of Finance for the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public servIce. WHEREAS, Mr. Hall was born in and raised in Gladys, Virginia; WHEREAS, Mr. Hall served in the United States National Guard from 1966 to 1972, when he was honorably discharged; WHEREAS, Mr. Hall holds a Bachelor of Science degree in business with a major In Accounting (1974) and a Master of Business Administration (1975) from Virginia Polytechnic Institute and State University in Blacksburg, Virginia, and is a Certified Public Accountant, licensed in Virginia; WHEREAS, Mr. Hall began his career with the City in 1975 as an Auditor and served as Assistant Municipal Auditor from 1977 to 1979; WHEREAS, Mr. Hall served as Administrator of City Accounting Services for the Department of Finance from November 1979 until December 1993, and served as Deputy Director of Finance from December 1993 until January 2002; WHEREAS, Mr. Hall has served as Director of Finance since January 2002, overseeing the City departments of Finance, Billings and Collections, and Real Estate Valuation, has served as the Roanoke Pension Plan's Secretary-Treasurer, and has served on the Hotel Roanoke Conference Center Commission; WHEREAS, Mr. Hall was instrumental in automating the Department of Finance when personal computers first became available and was involved in numerous system implementations to ensure efficiency and automated processing including accounting, payroll and utility system projects; WHEREAS, Mr. Hall oversaw completion of timely and effective external audits and publication of professional Comprehensive Annual Financial Reports, ensuring that the City maintained its leadership position among localities nationwide in receipt of the Certificate of Achievement for Excellence in Financial Reporting; WHEREAS, Mr. Hall participated in the sale of numerous general obligation bond issues, ensuring that the City maintained an excellent credit rating and that capital projects could be successfully financed at the lowest cost to the citizens; WHEREAS, Mr. Hall served on the Roanoke Valley Juvenile Detention Commission since its inception in 1998 and was closely involved in coordinating the financing of its new facility; WHEREAS, Mr. Hall served on the Roanoke Valley Federal Credit Union Board and helped coordinate the purchase of its current facility, and was instrumental in the development of the Western Virginia Water Authority in 2004 through a regional partnership between the City and County of Roanoke; WHEREAS, Mr. Hall has been a member of several professional organizations, including the American Institute of Certified Accountants, the Virginia Society of Certified Public Accountants, the Government Finance Officers' Association, the Association of Retirement Systems in Virginia, and the Virginia Municipal LeagueNirginia Association of Counties OPEB Trust Board; WHEREAS, Mr. Hall made significant contributions to the Virginia Government Finance Officers' Association, serving as a member of the Executive Board including President in 1999-2000, by leading the organization to prepare its first strategic plan, which enabled it to achieve improved organizational structure and administration and to initiate a certification program for Virginia finance professionals; WHEREAS, Mr. Hall has announced his retirement as Director of Finance, effective July 1, 2008; and WHEREAS, Mr. Hall has faithfully served the City of Roanoke and its citizens for thirty-three years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this means of recogrnzing and commending the many years of service rendered to the City of Roanoke and its people by Jesse Addison Hall. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Hall. ATTEST: 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 June 18, 2008 Ann H. Shawver Deputy Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Resolution No. 38123-061608 electing and appointing you as Director of Finance for the City of Roanoke, effective at midnight June 30, 2008, for a term ending September 30, 2008, at an annual salary of $120,000.00, and ratifying the terms and conditions of your employment as Director of Finance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008. Sincerely, /Y1. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Keli M. Greer, Director of Human Resources ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38123-061608. A RESOLUTION electing and appointing Ann H. Shawver as Director of Finance for the City of Roanoke, and ratifying the terms and conditions of employment as offered to Ms. Shawver. WHEREAS, the City Council desires to elect and appoint Ann H. Shawver as Director of Finance pursuant to the Roanoke Charter of 1952; and WHEREAS, Ms. Shawver has agreed to accept election and appointment as Director of Finance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Ann H. Shawver is hereby elected and appointed as Director of Finance of the City of Roanoke effective midnight June 30, 2008, or as soon thereafter as Ms. Shawver can assume such position, for a term which shall expire September 30, 2008. 2. The terms and conditions of Ms. Shawver's election and appointI~ent as D~rector of Finance shall be as hereinafter set forth: (a) The annual salary shall be $120,000 ($4,615.38 biweekly); (b) The City shall annually pay on behalf of Ms. Shawver the sum of $8,000 to the International City Management Association- Retirement Corporation (ICMA-RC) for her participation in the ICMA-RC Retirement Plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment, such amount shall be prorated; (c) Recognizing that the job requirements of the Director of Finance routinely require incurring travel related expenses in the course of City business, a bi-weekly salary increment of $96.15 shall be provided for use by Ms. Shawver of a privately-owned or leased automobile in the conduct of official City business; (d) The City shall provide Ms. Shawver with an additional disability income coverage policy; and ( e) With respect to benefits and terms and conditions of employment not enumerated in this resolution, Ms. Shawver shall be accorded such beneIits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 3. Ms. Shawver will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. ATTEST: (Y). ~ City Clerk. L:IAITORNEY\DAT AICLLCllMEASURESIAPPOINTING SHAWVER DIRECTOR OF ANANCE 2008.DOC 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 June 16, 2008 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, e..1(.Jw.. *~ C. Nelson Harris Mayor CNH:crt 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 June 16, 2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to ~2.2-3711.A.3, of the Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Burc City Manager I DLBjlsc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov June 16, 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 Public Hearing for Encroachments in Public Right-of- Way - Retaining Wall and Steps at 1801 Belleville Road, SWand Existing Retaining Wall and Garage on Sherwood Avenue, SW Background: The property owner of 1801 Belleville Road has constructed a new retaining wall adjacent to Belleville Road in order to accommodate parking at that property. The wall encroaches approximately 9.0' feet into City right-of-way. In addition to the new encroachment by the owner, there are three other existing encroachments that date back to previous owners. These existing encroachments consist of steps adjacent to the proposed wall which encroach approximately 16.0' into the right- of-way. On the adjoining street, Sherwood Avenue, there is a garage which encroaches approximately 2.4' into the right-of-way and a brick wall that encroaches into the right-of-way at a variable distance ranging from 1.0' to 3.7'. Please see attached plat. Recommended Action: Request a public hearing for Monday, July 21, 2008, at 7:00 p.m. Respectfully submitted, Darlene L. Burcham City Manager Honorable Mayor and Members of City Council June 16, 2008 Page 2 DLB:c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00098 LEGEND o IRON PIN SET . IRON PIN FOUND THIS IS TO, CERTIfY THAT AN ACTUAl fiELD SuRVEY OF THE PREMISES SHOWN HEREON HAS BEEN PERFORMED UNDER MY SUPERVISION; THAT AlL IMPROVEMENTS AND VISIBLE EVIDENCE OF EASEMENTS ARE. SHOWN HEREON, AND THAT THERE ARE NO. ENCROACHMENTS BY IMPROVEMENTS EitHER FROM ADJOINING PREMISES OR FROM SUBJECT PREMISES OTHER THAN SHOWN HEREON. THIS. SURVEY WAS PERFORMED WlT/iOUT THE BENEFiT OF A TITLE REPORT AND IS SUBJECT TO INFORlIATION WHICH lIAY BE DISCLOSED BY SUCH. PROPERTY IS IN F.E.MA- DEFINED ZONE X, UNSHADED. \ _---:-'-.J 20' ALLEY ----'--.--.- . '-- ,. ," .. '. GRAPHIC SCALE "'- , _;__2:::.=-'- ; '.' o..yc-fL . \\.._ W-.2A' ON LiNE ''''t. 1/ ~ \~ - \\ ~~"'- . ". c.~ f\.. O~.\. ".=0-- n.\w'<)U ~.f '''. l~~ ',I..! W,4LL V \\ ___.~ra ,.t" ";) ~~.:;;-- ::s.-u-- '_ - \\ 1:_ fENCE' ~\a . \. ON LtE_\""C-~ ~. LOT 27 <~, V) 0.226 ..~ ACRE ,~ "0 \'. \\~ "'ON'/":. '\\. ~ ,-" "\\\ -'-~\'\\'0~ F';:r~f ~ L 1.1\ c, , \\,\.~g..' III 'il' ~ l~ i >~ "'.~'" \ \l"l ~,-;::.-- . \.D '-'i \\ V'\ ~\ \ . ,\ /.. .... .11 2'4' 1.;1.6 \1' -'..-',,~~~. . ;--.. ~" 2' .../;o.-~" ,'~(;, _~-\> \\ WiLL \ ,I (.';~. ",CR'.J:'!)r I L./ . , ,.....'J~I-. ,t... \>r" i i PORCH 1\ !! ~, :~\ .1:.C/ ~.I~' [~.. PIPE BEARS q \. S18'4.J:50'W 0.44' \..l'i . FROM CORNER I . \ j '.1 .' L2 r- ::! !b=:',l\\ ":~J --~ BELLEVILLE ROAD, S. W. (PLATTED LAFAYETTE PLACE) 80' R/W :) ~. i::! \..l '" -" ~ fi:J ,,-' I<J :;s ~~ <::J" <::J~ c., c) ~~ 1/2 STORY BRICK ,{1801 Q 4i~ '"""''':; ......:J <c- Z<c- \.J..1 ::i .'~ ~.'.. %~ .~"" <:(, .... c :;:',0 ". 1:.~ Q(;) ~Q '~'\.LI C)\::; ~~ ~..".. \..0 :I:,. '(;1) f-:C7vCE 'is ~ <::Jt::) ~.t::). ,,:> ,"".1 ;...~ ~ t::)' It) It)! <: <:. N/F BEVERLY C. SLAUGHTE.R /NST 060003572 TAX .#144i215 IS,D' LINE BEARING mLIN39'56'CjO"t L2 5.39'56 '00"W LINE TABLE PLA T Jc ACTUAL LENGTH 45,40' . 85,90' DEED LENGTH 46.40' 86,90' <::J c-) .., WALL rON LINE \ , i ';,~i'EH lb.'" ~t:t ']J 1116.... li'" 20 0 to 20 40 ~m T ( IN FEET ) 1 Inch = 2.0 fL i NOTES: 1. OWNERS OF RECORD: PAM BRAUN PAUL ADAMS 2. LEGAL REFERENCE: !NSTRUMENT #040018581 3. TAX MAP NUMBER: 1441214 4. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES. PHYSICAL IMPROVEMENT SURVEY FOR PAM BRAUN PAUL ADAMS 1801 BELLEVILLE ROAD. S,W. LOT 27 BLOCK 12 .~.f:-.'.'.....'. V/1b.j\ "~:~;~i!~{r:~::TON ~! SURVEYED MARCH 24, 2008 :u BRIAN J. CASELLA;! REVISED 5-12-08: JOB #R0820080,OO \~. ~l~~::i:~cj ~~~t~J~~~~~~~ S~~~~GNLY. SCALE: 1" = 20' ',~? . TEL: 540-772-9580 FAX: 540-772-8050 PLANNERS ARCHITECTS ENGINEERS SURVEYORS Bolzer & Associotes, Inc. 1208 Corporote Circle Roanoke Vo. 24018 o~R.S oCHGIPURs 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 June 23,2008 Mr. Charles R. Shaver 2630 Tillett Road, S. W. Roanoke, Virginia 24015 Dear Mr. Shaver: A communication from the City Clerk advising of your resignation as a City representative of the Roanoke Valley Greenways Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008. On motion, duly seconded and 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 City representative of the Roanoke Valley Greenways Commission from March 5, 2007 to June 16, 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, Enclosure pc: Elizaheth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. O. Box 29800, Roanoke, Virginia 24018, wjenc\osure Donald R. Witt, Chair, 3332 Kenwick Trail, S. W., Roanoke, Virginia 24018 Stephanie M. Moon, CMC, City Clerk "Shaver, Randall" <rshaver@SFCS.com> 06/16/2008 09:27 AM To <Stephanie.Moon@roanokeva.gov> cc "Liz Belcher" <Ibeleher@roanokeeountyva.gov> bee Subject Pcsignation from Roanoke Valley Greenway Commission Ms Moon, Please accept my resignation from the Roanoke Valley Greenway Commission. Liz Belcher informed me that I could email you with this. It has been a pleasure serving on and with the commission; however life events have greatly impacted the amount of time that I can effectively be of service in an adequate capacity. Thank You, Charles Randall Shaver Randall Shaver, CDT Architectural Job Captain SFCS Inc. 305 South Jefferson Street Roanoke VA 24011-2003 Voice: 540.344.6664 Fax: 540.343.6925 Email: rshaver@sfcs.com Website: www.sfcs.com SFCS is a full-service architectural, engineering, planning and interior design firm that specializes in the design of senior living, educational, health care and government facilities nationwide. z ;>; 0 0 '"'~ ~~ ...:l .~ ri ~~ :I: ~ ~u t:: tI) z:>< ~ <f-; ~ ::I:...... Z o..u < ~ z 0 00 ~~ f-; ---. 8 tI) (I) 0 ~~ N >0 ~ ~z ~ :I:::E ~ ~< :$ ~ E-<::E Cljo ~o u~ ~ oUr--- -~ U > ~(I)O o:So ~ ;>;000 ~;>; 0 ~ E-<<N~8 ~ ~ <~tr)N 0 ~t:: ~ 0 E-< :I:..o ;>; du ~ 00. z~u..... < ~~ ~ . ~ ~~~~ Q ~ (I) <z ~E-< ~ 00. ~d::E~ ~ ~ Q E-<o 0 ~;>;::Eo (l)E-< tI:l ~ ~~OE-< ~ E-<Q ~ ~ ('f) ;>;...:l~ N ~~ ~ 0.- ~ t:<~ ~ o~ < u> ~Q ~ Oz U U <~ ~~ &: (1)0 Z ~ <z 0 E E~ < z ~ 0 d 0 ~ 0 ~ ~ u ~ U ~ ~ 0.. ~ 0.. < ! 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 June 23, 2008 Kathleen W. Lunsford, Vice-Chair Roanoke Arts Commission 2305 Carter Road, S. W. Roanoke, Virginia 24015 Dear Ms. Lunsford: This is to advise you that David J. Brown has qualified as a member of the Roanoke Arts Commission, for a term ending June 30, 2011. Sincerely, ~M.~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Melissa Murray, Recording Secretary, Roanoke Arts Commission Sheila N. Hartman, CMC, Deputy City Clerk Adalina L. Allicott, Administrative Secretary Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David J. Brown, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 2011, according to the best of my ability (So help me God). ~..~~ Subscribed and sworn to before me this .1- day o~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~ 1l1/l;1i-t'-;5.,j). [i. ,CLERK L:\CLERK\DATA\CKEWI\oath and leaving service\Arts Comrnission\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) 853-254] 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 Ju ne 18, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: This is to advise you that Sherman M. Stovall has qualified as a member of the City of Roanoke Finance Board, for a term ending June 1, 2010. Sincerely, ~h\.~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager Andrea F. Trent, Retirement Administrator Sheila N. Hartman, CMC, Deputy City Clerk Adalina L. Allicott, Administrative Secretary Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sherman M. Stovall, 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 Finance Board for a term ending June 1, 2010, according to the best of my ability (So help me God). it J)f1)A J m Ji; In;JJJ Subscribed and sworn to before me this I Dday of ::::fttVl-2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~~ ~"~ L:\CLERK\DATA\CKEW1\oath and leaving service\Finance Board\Sherman Stovall June I 2010 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 CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 18, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38124-061608 appropriating funds from the Commonwealth of Virginia Compensation Board Technology Trust Fund for upgrades, maintenance, and other charges in the Office of Circuit Court Clerk, and amending and reordaining certain sections of the 2007- 2008 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, ~M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court William M. Hackworth, City Attorney Darlene L. Burcham, City Manager Sherman M. Stovall, Director of Management and Budget tV IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38124-061608. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for upgrades, maintenance, and other charges in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinaflce. BE IT ORDAINED by the Council of the City of Roanoke that the following. sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Comp Board Tech Trust Fund #2 FY08 35-120-5155-2010 $ 27,880 35-120-5155-5155 27,880 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ., . ..'k~ I ',/q-i)YY'\()Q'yV City qie)~k.. : .... "- c~o~ ~i~ o CLERK OF CIRellIT a O&~-l> Criminal: (540) 853-6723 Civil: (540) 853-6702 CIRCUIT COURT OF THE CITY OF ROANOKE TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA 315 Church Avenue, S.w. P.O. Box 2610 Roanoke, Virginia 24010 BRENDA S. HAMILTON CLERK June 16, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: ACCEPTANCE OF COMP BOARD TECHNOLOGY TRUST FUNDS Background: The Clerk of the Circuit Court is responsible, by statute, for the recordation of legal instruments. These instruments include: Land Records, Marriage Licenses, Financing Statements, Assumed Names, Wills and other Probate Records, and Law, Chancery and Criminal Orders. These records must be maintained and be available to the public. The State Compensation Board through the Technology Trust Fund has made funds available to be allocated toward contractual obligations for those offices that have indicated funds were needed. The Circuit Court Clerk's Office for the City of Roanoke has been allocated the amount of $27,880 for reimbursement of charges by the Supreme Court of Virginia, Databank IMX and Sutton Information Systems. These charges were for equipment upgrades, maintenance and scanning and conversion of documents. Considerations: The acceptance of these funds is vital to the Circuit Court Clerk's Office meeting the year- end budget obligations. Recommended Action: Accept funding from the Compensation Board Technology Trust Fund in the amount of $27,880. Honorable Mayor and Members of City Council June 16, 2008 Page 2 Adopt the accompanying budget ordinance to appropriate funding of $27,880 and to establish a corresponding revenue estimate in the same amount in accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, ~~d~ ~a S. Hamilton Clerk of Circuit Court BSH:jmh c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov June 16, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Acceptance of Technology Trust Funds for the Clerk of Circuit Court I concur with the recommendation from Brenda S. Hamilton, Clerk of Circuit Court, for the City of Roanoke, with respect to the subject reference above and recommend that City Council adopt the budget ordinance to appropriate funding of $27,880 and to establish a corresponding revenue estimate in the same amount in accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Darlene L. Bur City Manager DLB:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance C008-00004 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 June 18, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38125-061608 transferring funds between specific Human Services Committee agencies, and amending and reordaining certain sections of the 2008-2009 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, lPt1~ (n. ~ Stephanie M. Moon, CMC City Clerk SMM:ew o 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, Office of Management and Budget Jane R. Conlin, Director of Human/Social Services (/ )\ 'f. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38125-061608. AN ORDINANCE to transfer funding between specific Human Services Committee agencies, amending andreordaining certain sections lof 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 Southwestern VA Second Harvest Food Bank City of Roanoke Dept of Social Services Brain Injury Services of Southwest Virginia 01-630-5220-3788 01.630-5220-3963 01-630-5220-3916 $ 2,000 (3,000) 1,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this I ordinance by title is hereby dispensed with. ATTEST: ~. J. :.m. YvIHW ~~'erk. "C~>' 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 June 18, 2008 Southwestern Virginia Second Harvest Food Bank 1025 Electric Road Salem, Virginia 24153 Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16,. 2008, City Council approved the recommendations with regard to transferring funds between specific Human Services Committee agencies, and amending and reordaining certain sections of the 2008-2009 General Fund Appropriations. Funding in the amount of $2,000.00 was approved for the Southwestern 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 Southwestern Virginia Second Harvest Food Bank to the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sincerely, In. ~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board 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 June 18, 2008 ~rain Injury Services of Southwest Virginia 302 Second Street, S. W., 3rd Floor Roanoke, Virginia 24011 Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, City Council approved the recommendations with regard to transferring funds between specific Human Services Committee agencies, and amending and reordaining certain sections of the 2008-2009 General Fund Appropriations. Funding in the amount of $1,000.00 was approved for Brain Injury Services of Southwest Virginia 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 disbursemel)t of funds. The City of Roanoke values and appreciates the many contributions of Brain Injury Services of Southwest Virginia to the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board 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 June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38126-061608 reestablishing and adopting a Residential Parking Program, effective June 16, 2008, such Program to be applicable to certain downtown residents under certain conditions in City owned or operated parking garages, as recommended by the City Manager; and authorizing the City Manager to take such actions as may be needed to implement, administer, and enforce such Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008. Sincerely, ~M..~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Deborah J. Moses, Parking Coordinator p :1. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008'.'. No. 38126-061608. A RESOLUTION reestablishing and adopting a Residential Parking Program (Program) effective as ofthe date of adoption ofthis Resolution, such Program to be applicable to certain downtown residents under certain conditions in City owned or operated parking garages, as recommended by the City Manager; and authorizing the City Manager to tal(e such actions as may be needed to implement, administer, and enforce such Program. WHEREAS, this Council seeks to encourage persons to live downtown; and WHEREAS, the provision of adequate parking in the downtown area is critical to the success of City Council's goal of encouraging downtown housing. THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. City Council approves, adopts, and hereby reestablishes a Residential Parking Program (Program) for certain downtown residents under certain conditions in certain City owned or operated parking garages, the details of which are set forth in the City Manager's letter dated June 16, 2008, to this Council and Attachment B to such letter. Council also approves the Program's definition of the Central Business District set forth in paragraph 2 of Attachment B. R-downtown residential parking-6-16-08.doc I 2. This Program shall be effective as of the date of adoption of this Resolution and extend through June 30, 2011, unless sooner modified or terminated by City Council. 3. The City Manager is authorized to take such actions as may be needed to implement, administer, and enforce such Program. ATTEST: ~~.;rn ~ City Clerk. I ; .'. r R-downtown residential parking-6-16-08.doc 2 / CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov June 16, 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: Reestablishment of the Downtown Residential Parking Program for City Owned and Operated Parking Garages Background: On April 21, 2008, City Council considered the Reestablishment of the Downtown Residential Parking Program as mentioned in the attachment to the City Manager's letter dated April 21, 2008, to Council. A copy of this letter, without attachments, is attached to this letter as Attachment A. At that time, City Council tabled the matter and referred it to the City Manager to allow for further discussion and dialog between the City and downtown residents concerning the proposed changes for the new Program. On May 15, 2008, a meeting was held between City staff and interested downtown residents to provide an overview of the Program and to discuss the various changes which were being recommended for the Program. Input was received from attendees, which included their concerns about the reestablished Program and their recommended alternatives to the initial proposal from the City. Honorable Mayor and Members of City CounCil June 16, 2008 Page 2 Considerations On June 2, 2008, City staff provided a briefing to City Council outlining revised recommendations for the reestablishment of the Downtown Residential Parking Program, which were included in a revised proposal. Council members discussed the revised proposal and made certain recommendations to be added to the revised proposal. City staff further revised the Program to include Council's recommendations. This Program is contained in Attachment B to this letter. The Program was developed to balance the concerns of current residential parking permit holders, and at the same time, to address the further anticipated growth of residential parking demand in the City's parking system over the next three years. Following this meeting, copies of this revised Program were provided to downtown residents via email contact lists made available by Downtown Roanoke Inc. attendee lists created at the May 15, 2008, meeting with residents, and the Downtown Resident's Committee emaillist which was provided to staff. Recommendation: City Council adopt a resolution approving and reestablishing the above referenced Program as set forth in Attachment B to this letter in order to provide parking permits for residents within the Central Business District in City owned and/or operated parking garages in accordance with the Program. City Council provide that such Program be effective June 16, 2008, until June 30, 2011, unless sooner modified or terminated by City Council. Authorize the City Manager to take such actions as may be needed to implement, administer, and enforce such Program. Respectfully submitted, Darlene L. Burc City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Debbie Moses, Parking Coordinator CM08-000 5 8 CITY OF ROANOKE OFFICE OF TIIE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011.1591 Telephone: (540) B!;3-2333 Fax: (540) B53-1l38 City Web: www.rod..,okeva.gov April 21, 2008 Honorable C. Nelson Harrisj 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: Reestablishment of the Downtown Residential Parking Program for City Owned and Operated Parking Garages Background City Council previously approved a program to provide residents within the Downtown Service District up to two parking spaces in certain City owned and/or operated parking garages (Resolution No. 36992-032105) That action has been In effect for three years and expired as of March 31. 2:008. Currently there are 67 residents that take advantage of this program using the Center in the Square. Elmwood Park, Church Avenue, Tower and Market Garages. Gainsboro Garage has not been part of the residential parking program to date. Primary users of this Garage, the residents of 8 Jefferson Place, have been provided one parking space in the Gainsboro Garage, which is paid for by the City of Roanoke per the terms of the Shenandoah Crossing Agreement between the City and Roanoke Redevelopment and Housing Authority that developed the apartment project. This parking provision will end in November of 2008, which means that such residents will be required to pay full public parking rates for any spaces which they wish to use in City parking garages. There are currently 76 residents of 8 Jefferson Place taking advantage of the Shenandoah Crossing Agreement. Attachment A To Council Letter CM-08-000S8 Dated June 16, 2008 Honorable Mayor and Members of City Council April 21, 2008 Page 2 In addition. the City has constructed a new 353 space public parking garage at 335 Campbell Avenue ( Campbell Garage) which will be open to the public in May of 2008. The addition of this new facility to the residential parking program will greatly enhance the City's ability to provide parking in the Central Business District. as defined below, (e8D), including residential uses. Considerations: The City desires to reestablish its downtown residential parking program for an additional two years under the City of Roanoke Residential Parking Program (Program) set out in Attachment A to this letter. In order to provide equity in the Program for all residents in the CBD and to increase the supply of available parking for all users, the City should add the Gainsboro and Campbell Garages to the reestablished Program. For the purpose of the Program the CBD would be redefined in paragraph 2 of Attachment A. Projected growth in residential development has placed new demands on evening and weekend parking, as well as weekday parking. The addition of these two garages will add over seven hundred parking spaces to the Residential Parking Program to address this growth. Recommendation: City Council adopt a resolution approving and reestablishing the above referenced Program, as set forth in Attachment A, to provide parking permits for residents within the CBD in City owned and/or operated parking garages in accordance with the Program. City Council provide that such Program be effective retroactively from April 1. 2008, and extend through March 31, 2010, unless sooner modified or terminated by City Council. Authorize the City Manager to take such actions as rr-ay be needed to implement, administerl and enforce such Program. R~-f~ r . . D~rler:~ L B~.rc~; , .. Clty'Manager:. . ~.' 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 Devefopment Debbie Moses, Parking Coordinator CM08-00058 Attachment B To Council letter CM08-00058 June 16, 2008 Effective Date - June 16,2008 City of Roanoke Residential Parking Program for City Owned and Operated Parking Garages 1. This City of Roanoke Residential Parking Program (Program) applies to residents living in the City's Central Business District. This Program may provide up to a maximum of 2 residential parking permits of any kind per dwelling unit to eligible and qualified residents. 2. For this Program the Central Business District (CBD) is defined as the area bounded by: BEGINNING at the intersection of Interstate 581 and Kimball Avenue, N.E. and proceeding south on Interstate 581 to its intersection with Elm Avenue, S.E.; then proceeding westwardly along Elm Avenue to its intersection with Franklin Road, S.W.; then proceeding northwardly along Franklin Road to its intersection with Marshall Avenue, S.W.; then proceeding westwardly along Marshall Avenue, S.W. to its intersection with 5th Street, S.W.; then proceeding northwardly along 5th Street, S.W. to its intersection with the Norfolk Southern Railway tracks; then proceeding eastwardly along those railway tracks, to their intersection with 2nd StreeVGainsboro Road, N.W.; then proceeding northwardly along Gainsboro Road, N.W. to its intersection with Wells Avenue, N.W.; then proceeding eastwardly along Wells Avenue through its intersection with Williamson Road, and continuing eastwardly along Kimball Avenue, N.E. to its intersection with Interstate 581; to the point of BEGINNING. 3. The Program will provide monthly parking permits to eligible and qualified residents of the CBO in accordance with the terms and provisions of the Program, which include the following categories set forth below: A. Residents who had active monthly parking permit(s) in the prior City of Roanoke Residential Parking Program as of March 31 , 2008, will be eligible for the following permit(s): (i) One unreserved monthly parking permit for use in a City owned or operated parking garage, without a charge, subject to availability, until June 30, 2010. 1 Furthermore, if a resident held a 2nd active unreserved monthly parking permit as of March 31, 2008, that 2nd active permit shall remain eligible to be continued without a charge until June 30, 2010. If a resident held one active reserved parking permit, or two active reserved permits, as of March 31, 2008, because of being a resident of a dwelling unit which had a structural connection to a City owned or operated parking garage, and they remain a resident of such dwelling unit, the reserved parking permit(s) shall remain eligible to be continued without a charge until June 30, 2010. If no 2nd active reserved permit was held as of March 31, 2008, any request for a second reserved permit will be subject to the provisions of Section A(ii) below: (ii) Any qualified and eligible resident requesting a 2nd unreserved or reserved parking permit on or after April 1, 2008, may purchase such unreserved or reserved permit at a cost of 50% of the then current posted unreserved or reserved parking permit rate in the parking garage for which it is purchased, subject to availability, until June 30, 2010. The posted rate is subject to being changed by the City and the cost of such permits will reflect any such changes. Residents may qualify for the purchase of this one (1) additional discounted unreserved or reserved parking permit if more than one person is listed on the proof of residency document(s), as set forth in Section 5 below. B. Residents who did not have active monthly parking permit(s) in the prior City of Roanoke Residential Parking Program as of March 31,2008, will be eligible for the following permit(s): (i) One unreserved monthly parking permit for use in a City- owned or operated parking garage, without a charge, upon request from a resident of an occupied residential dwelling unit located in the City's CBD, subject to availability, until June 30, 2010. (ii) In addition to the above mentioned permit, qualifying residents may purchase one (1) additional unreserved parking permit at a cost of 50% of the then current posted 2 unreserved parking permit rate in the parking garage for which it is purchased, subject to availability, until June 30, 2010. The posted rate is subject to being changed by the City and the cost of such permits will reflect any such changes. Residents may qualify for the purchase of this one (1) additional discounted unreserved parking permit if more than one person is listed on the proof of residency document(s), as set forth in Section 5 below. (iii) All residential parking permits noted in B (i) and (ii) above shall be provided as unreserved parking permits with the exception of a permit(s) issued to residents of residential dwelling units which have a structural connection, such as a corridor, to a City owned or operated parking garage, upon a proper request as an alternative to an unreserved permit(s). Qualifying residents of such units will be provided one (1) reserved parking permit at no charge per occupied dwelling unit and may purchase one (1) additional reserved parking permit at a cost of 50% of the then current public posted reserved parking permit rate for that specific garage until June 30, 2010. The posted rate is subject to being changed by the City and the cost of such permits will reflect any such changes. Residents will qualify to purchase this one discounted reserved parking permit if more that one person is listed on the proof of residency document(s), as set forth in Section 5 below. All such structural connections are subject to prior approval by the City and the City will determine if such connection meets the provisions of this paragraph. (iv) If a resident has a parking permit (reserved or unreserved) which is provided without charge or at a discount to such resident under another City sponsored or supported program or agreement, such resident will not be eligible to obtain another parking permit or permits without a charge or at a discount under this Section B. C. As of July 1, 2010, the Program will provide to eligible and qualified residents of the CBD the following: (i) One unreserved monthly parking permit for use in a City- owned or operated parking garage, without a charge, upon request from a resident of an occupied residential dwelling unit located in the City's CBD, subject to availability, until June 30, 2011. 3 (ii) All residential parking permits under this Section C shall be provided as unreserved parking permits with the exception of a permit issued to residents of residential dwelling units which have a structural connection, such as a corridor, to a City owned or operated parking garage. Qualifying residents of such units will be provided one (1) reserved parking permit as an alternative to an unreserved permit at no charge per occupied dwelling unit, subject to availability, until June 30, 2011. (iii) Any additional permits (reserved or unreserved) will be provided at the then current posted monthly rate for that specific garage, subject to availability. The posted rate is subject to being changed by the City and the cost of such permits will reflect any such changes. 4. The number of permits to be offered for each garage for the Program is subject to the City's sole determination of the availability of such permits for each garage. If the City determines that no such permits are available for a particular garage, then no permits will be issued for that garage. 5. Residents in the CBD may apply and qualify for the above month to month residential parking permits subject to verification of residency. Proof of residency requires a residency document (s), which includes, but is not be limited to a signed lease agreement, deed, signed closing contract, property tax bill, or similar document for the residential dwelling unit the resident occupies. The City of Roanoke reserves the right to request proof of residency from any resident at any time, and will request such proof every six months after a resident's acceptance into the Program. If an additional parking permit is to be requested, the residency document(s) must contain the name of the additional resident requesting the additional permit. 6. A resident of the Central Business District is defined as a person who is living in the CBD who can show proof of residency through sufficient residency documents, as set forth above. The resident must also possess a current Virginia vehicle registration in the name of the resident and/or permanent occupant residing at the same address as the resident. 7. On or after June 16, 2008, new applicants will pay a one time non- refundable $25.00 processing fee to enter the Program and shall be subject to all the terms and conditions contained in the City of Roanoke's Parking Permit Application. Applicants must complete a signed Parking Permit Application and pay a $10.00 per card deposit in addition to the above processing fee in order to be fully eligible and qualified to participate in the Program. 4 8. The City's designated manager of the parking garage(s) shall enforce this Program in the City owned and/or operated parking garages. 9. The City shall not be held liable or responsible for theft from or damage to individuals or vehicles in City owned and/or operated parking garages. All users of the garages park at their own risk at all times. 10. The City may revise or terminate this Residential Parking Program at any time, subject to the approval of City Council. 11. The City Manager may take such further actions and/or adopt procedures to implement, administer, and enforce this Program. 12. The effective date of this Program shall be June 16, 2008, and extend through June 30, 2011, unless sooner modified or terminated by City Council. It is anticipated that this Program is to be replaced by a residential parking rate structure for the City's parking facilities in the CSD upon the Program's termination or expiration. END 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 ' STEPHANIE M. MOON, CMC Yroanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38127-061608 adopting an advertising policy for the City of Roanoke. The abovereferenced measure Was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008. Sincerely, ~'m,~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day 9f June, 2008. No. 38127-061608. A RESOLUTION adopting an advertising policy for the City of Roanoke. WHEREAS, the City of Roanoke produces six print publications 'on a regular basis at the cost of approximately $230,000, to offset this cost, staffhas developed an advertising policy for entities to advertise in two of these publications. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby adopts an advertising policy outlining the requirements for potential advertisers for the City of Roanoke's print publications, in such form as attached to the City Manager's report tQ Council dated June 16,2008. ATTEST: 7hJ.~ CitY Clerk. K:\Measures\Policy for Advertising in City PublicationS.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 June 16, 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: Advertising Policy Background: The City of Roanoke produces six print publications on a regular basis, four external publications, The Municipal Calendar, Roanoke Citizen magazine, the Annual Report, PLA Y- The Guide to Roanoke Parks and Recreation; and two internal publications, City Corner and Around the Corner. With the cost of producing the City's print publications totaling approximately $230,000, staff has expressed an interest in offsetting some expenditures by allowing advertisements in the Roanoke Citizen and PLA Ymagazines. In March 2008, City staff discussed with City Council the possibility of developing an advertising policy, and Council members were receptive to the idea. Considerations: The Cities of Virginia Beach, Norfolk, and Fairfax, and the Counties of Roanoke and Fairfax were contacted and copies of their advertising policies requested. From those policies and comments from the City Attorney's Office, an advertising policy has been developed that would set out the requirements for potential advertisers for Roanoke's print publications. Honorable Mayor and Members of City Council June 16, 2008 Page 2 Recommended Action: City Council adopt the attached advertising policy. Respectfully submitted, Darlene L. Burc City Manager DLB:mm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CM08-00096 Text for inclusion in publication: Advertising is accepted on a first-come, first-served basis. Political, religious, sexually oriented and advocacy-oriented advertising are expressly prohibited. The City of Roanoke assumes no liability for products, services or statements made by advertisers. A complete policy can be obtained by visiting www.roanokeva.Qov/communications AdvertisinQ Policv: Advertising is accepted on a first-come, first-served basis. Political, religious, sexually oriented and advocacy-oriented advertising are expressly prohibited. The City of Roanoke assumes no liability for products, services or statements made by advertisers. As a public agency, the City of Roanoke will not accept advertising for the following: 1. Political candidates or political parties 2. Tobacco products 3. Alcoholic beverages 4. "X" rated movies, adult book stores and other goods/businesses/services deemed inappropriate for promotion to a family audience 5. Entities that practice or promote discrimination on the basis of race, color, national origin, sex, age or disability 6. Any other advertising which reflects negatively on the City or its citizens, or is deemed controversial by the City Manager. Advertising is accepted on the premise that the products and services as offered are accurately described and are available to customers at the advertised price. Deceptive advertising and advertising that does not conform to this standard will be rejected. Advertising which might be construed as editorial matter must be labeled "Advertisement." Advertising fees must be paid within 30 days of receipt of the city's invoice. Withholding payment will result in the refusal of future advertisements. Advertisements are accepted for publication entirely on the representation that the agency and/or advertiser are properly authorized to publish the pertinent subject matter. It is understood that the advertiser and/or agency will fully indemnify and hold harmless the City of Roanoke against any judgment, costs, expenses or disbursements incurred by reason of claim or suits for libel, violation of privacy, plagiarism, copyright infringement, or any other action based on the content or subject matter of such advertisements. The City of Roanoke does not assume any responsibility for ad errors beyond the actual cost of the ad itself. Advertisers are advised to check their ads on the first insertion and report any errors immediately. Adjustment will be made only for the first incorrect insertion and only on errors which materially affect the value of the advertisement. In the event that furnished copy is not published, no liability shall exist on the part of the City of Roanoke, and there will be no charge. While the City of Roanoke will attempt to honor position requests, positions cannot be guaranteed. The City of Roanoke will not be bound by conditions, printed or otherwise, appearing on insertion orders or copy instructions when those conditions conflict with City of Roanoke advertising policies or rates. Inaccurate rates on insertion orders will be deemed clerical errors. Advertisement will be charged at the appropriate rate in effect at the time. Payment for advertising is due within 30 days of billing. Outstanding accounts will be charged a two percent late fee per month. Accounts outstanding 90 days or more will be turned over to a collection agency, and the advertiser shall be responsible for reasonable collection and attorneys fees of not less than 25 percent plus court costs and interest at the maximum legal rate from the date the balance was due. Advance payment is required for advertising of itinerant operations. In the event that an advertisement includes a photograph or testimonial, the City of Roanoke reserves the right to require a release from individuals represented. Advertisements for "900" numbers must include the cost per minute in large, bold print. 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 June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38128-061608 authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. The abovereferenced measure was adopted by the Council of the City of' Roanoke ata regular meeting held on Monday, June 16, 2008. Sincerely, ~ln.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: David Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, N. E." Roanoke, Virginia 24016 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 Brian K. Brown, Eqmomic Development Administrator /i p,I, IN THE COUNCIL OF THE CITY OF ROANOKE, VlRGINIA The 16th day of June, 2008. No. 38128-061608. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an agreement, which includes a mutual indemnity provision, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1,2008, through June 30, 2009, unless sooner terminated in accordance with the . provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated June 16,2008. 2. The contract amount authorized by this resolution shall not exceed $817,440 without further Council authorization. 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. ATTEST: ~-I-. J.>ln, ff[DdYV (~~ . Citx p~r~~) . \"\ "\ '-. R-RYCVB-2008-2009.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov June 16, 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: FY 2008-09 Roanoke Valley Convention and , Visitors Bureau Agreement The City of Roanoke has entered into an agreement with the Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide funding for marketing the Roanoke Valley as a convention and destination tourism site. As part of the fiscal year 2009 annual budget adopted by City Council on May 12, 2008, funding in the amount of $481,440 is specifically designated for RVCVB. An additional $336,000 is designated in the annual budget for marketing efforts, for a total of $817,440. The City has negotiated a one-year agreement commencing July 1, 2008, (attached) with the RVCVB detailing the use of these funds. The agreement provides for the same number of City of Roanoke representatives on the RVCVB Board of Directors as last year. The agreement also contains a mutual indemnity clause, paragraph 9, requiring approval of Council. The RVCVB submitted a detailed report listing its accomplishments through April 2008. An annual budget and work plan for 2008-09 will be submitted to the City Manager for review and approval, upon approval of the RVCVB Board of Directors. Honorable Mayor and Members of City CounGil June 16, 2008 Page 2 Recommendation: Authorize the City Manager to execute an Agreement, dated July 1, 2008, in the amount of $817,440 with the RVCVB, in a form approved by the City Attorney, substantially similar to the one attached hereto for the express purpose of marketing the Roanoke Valley as a regional destination for convention and destination tourism. Specifically, approve Paragraph 9 of the agreement as to the indemnity clause. Respectfully submitted, ~(!,~ City Manager DLB: LB Attachment c: Stephanie M. Moon, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Asst. City Manager for Community Development Brian K. Brown, Economic Development Administrator David Kjolhede, Executive Director, RVCVB CM08-00093 DRAFT - 5/20/2008 AGREEMENT THIS AGREEMENT, dated July 1, 2008, is by and between the ROANOKE V ALLEY CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the Commonwealth of Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (hereinafter "City"). WHEREAS, the RVCVB IS a "REGIONAL DESTINATION MARKETING ORGANIZATION" whose mission is to market the entire Roanoke V alley as an exciting destination for Convention and Leisure travel; WHEREAS, the City is the largest contributor and with its concentration of hotels, conference centers, convention facilities, shopping, dining and attractions, realizes enhancement of its tax revenues as a result of the RVCVB marketing efforts; WHEREAS, the City desires to render aid and provide support to the RVCVB to assist in the promotion of the Roanoke Valley as a destination or meeting site for visitors, including tourists, conventions and meeting groups, special event visitors and commercial travelers; WHEREAS, the City desires to appropriate $817,440 to the R VCVB for the express purpose of increasing tourism activities; WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to increase the revenue enhancement derived from tourism activity; and WHEREAS, the City desires to assure that its appropriation of funds be used for these purposes. THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties do hereby agree as follows: -7199306.doc 1 1. Term. The term of this Agreement shall be for a one-year period, from July 1, 2008, through June 30, 2009. 2. Services. Funds made available to RVCVB by the City will be applied to provide additional services resulting directly or indirectly in income producing activities, including but not limited to: (a) Direct sales programs. (b) Sales promotions. (c) Servicing conventions. (d) Marketing/communications. (e) Identify product need (new and improved facility and attractions). (f) Coordination with other City and Civic agencies and businesses involved in the growth of the Roanoke Valley. (g) Staff and run a Visitors' Center. (h) Promote and sell the Roanoke Valley as a convention and tourist destination. 3. Work Program/Budget. No later than July 31,2008, the RVCVB shall submitto the City Manager for approval a work program, marketing plan and budget setting forth in reasonable detail the activities planned for the year and the anticipated expenditures of City funds involved. The marketing plan shall be in sufficient detail as to determine the strategy RVCVB will be pursuing in promoting and selling the Roanoke Valley as a destination for group meetings, i.e. conferences and conventions as well as tourists. Such items shall detail how the funds will be expended on specific marketing initiatives. The City Manager shall approve or otherwise respond to the proposed work programs, marketing plan and budget no later than August 25, 2008 in order that any necessary modifications be settled upon on or before August 31, 2008. Monthly reports outlining progress on convention sales, tourism activities and groups booked, bus tour activity, bookings and other information as deemed to be necessary by the City shall be submitted by the RVCVB to the City Manager. The lack of any written response by the City Manager requesting redirection of efforts within ten (10) days of receipt of each monthly report will denote satisfaction with RVCVB efforts. -7199306.doc 2 4. Funding. The City agrees to provide funding to RVCVB in the amount of Eight Hundred Seventeen Thousand Four Hundred Forty Dollars ($817,440). The total amount shall be paid quarterly in equal payments of $204,360 on or before the last day of July 2008, September 2008, December 2008, and March 2009. 5. Subcontracting. It is understood that RVCVB may from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. RVCVB shall not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to RVCVB by the City under this Agreement, where the amount of such contract is $5,000 or more, without written authorization of the City Manager unless the nature of the goods or services to be acquired were disclosed in the work program or annual plan and budget submitted for the year. 6. Books and Records, Audits. RVCVB shall keep accurate books and records. Both monthly P&L and Income Statements as well as an audited financial statement shall be made available to the City upon request. Additionally, RVCVB shall make such books and records available to the Municipal Auditor of the City or other independent auditor selected by the City during its regular office hours. 7. Contacts with Prospective Clients. As specified in paragraph 3, the RVCVB shall inform the City Manager on a regular basis of work in progress at the RVCVB. A representative from the City shall have the right to be present at any formal bid presentations made to any potential group meeting or business meeting. 8. Board of Directors. City Council shall appoint two people as members of the Board of Directors of the R VCVB. Such appointees shall have full voting rights and privileges during the - 7199306.doc 3 term of this Agreement and shall serve on the Board at the pleasure of City Council. In addition, the City Manager, the City's Director of Civic Facilities, and the City's Director of Parks and Recreation shall be members of the Board, with full voting rights and privileges during the term of this Agreement. 9. Indemnification. To the extent permitted by law, each party shall indemnify and hold harmless the other party, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against it or its officers, agents or employees, and for expenses it may incur in this regard, arising out of the other's negligent acts or omissions, with respect to carrying out this Agreement. 10. Insurance. RVCVB shall obtain and maintain during the life of this Agreement a policy or policies of commercial general liability insurance with an insurance company or companies licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of such insurance shall not be less than $1,000,000. RVCVB shall also obtain and maintain during the life of this Agreement Directors and Officers Liability insurance in the amount of $1,000,000 per occurrence providing coverage, including defense costs, with respect to claims arising out of the subject matter of this Agreement. All such policies shall be occurrence policies and shall name the City of Roanoke, its officers, agents, employees and representatives as additional insureds under the commercial general liability policy and, if possible, under the Directors and Officers Liability policy. RVCVB shall provide the City with certificates of insurance for each of the above policies and each certificate shall contain substantially the following statement: "The insurance coverage provided 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." -7 I 99306.doc 4 11. Assignment. Neither the City nor RVCVB may assign its rights or obligations hereunder without the prior written consent of the other. 12. Notices. Any notices required by the terms of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, via first class postage, addressed: (a) If to the City: City Manager City of Roanoke Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S. W. Roanoke, Virginia 24011 (b) If to the RVCVB: Executive Director Roanoke Valley Convention and Visitors Bureau 101 Shenandoah Avenue Roanoke, VA 24016 or at such other address as each party may designate for itself by giving at least five (5) days prior written notice to the other party. 13. Nondiscrimination. A. During the performance of this Agreement, the RVCVB agrees as follows: 1. RVCVB 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 RVCVB. - 7 I 99306.doc 5 RVCVB agrees to post in conspIcuoUS places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. RVCVB, in all solicitations or advertisements for employees placed by or on behalf of RVCVB will state that RVCVB 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. RVCVB will include the provisions of the foregoing subparagraphs (A)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 14. Drug Free Workplace. (A) During the performance ofthis Agreement, the RVCVB agrees to (i) provide a drug free workplace for the RVCVB'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 RVCVB's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements advertisements for employees placed by or on behalf ofRVCVB that RVCVB 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, -7199306.doc 6 dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 15. Faith Based Organizations. Pursuant to Virginia Code Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith-based organizations. 16. Termination. The City may terminate this Agreement at any time ifRVCVB applies funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded, or if RVCVB fails to perform any of the other obligations under this Agreement or as otherwise allowed by law. Upon termination of this Agreement, the number of City representatives on the Board of Directors ofRVCVB shall be reduced to two (2). In such event, the City Manager shall designate the City's representatives to remain on the Board or in the event the City Manager does not so designate within 14 days of termination of the Agreement, the President of RVCVB shall make the designation. 17. Duplicate Originals. This Agreement may be executed in duplicate, each of which shall be deemed to be an original and all of which will be deemed to represent one and the same Agreement. 18. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Agreement or the City's waiver of any particular breach of this Agreement by R VCVB extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by RVCVB and does not bar the City from requiring RVCVB to comply with all the terms and conditions of the Agreement and does not bar the City from asserting any and all rights and/or remedies it has or might have against RVCVB under this Agreement or by law. - 7 I 99306.doc 7 19. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be signed by their respective authorized representatives. ATTEST: CITY OF ROANOKE By Darlene L. Burcham, City Manager Stephanie M. Moon, City Clerk ATTEST: ROANOKE V ALLEY CONVENTION AND VISITORS BUREAU By: Printed Name and Title Printed Name and Title Approved as to form: Appropriation & Funds required for this Agreement certified: City Attorney Director of Finance Approved as to execution Account No. Date: City Attorney - 7 I 99306.doc 8 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) 85312541 Fax: (540) 853-1145 E-m,il, "crk@ro~o"rg" June 1 8, 2008 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38129-061608 authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke, Maple Leaf Bakery Inc., and the Economic Development Authority of the City of Roanoke, providing for certain undertakings by the parties in connection with the purchase and installation of new equipment at the Maple Leaf Bakery, Inc. facility in the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. SMM:ew Attachment Sincerely, )'yJ. ~ Stephanie M. Moon, CMC City Clerk pc: Harwell M. Darby, Jr., Attorney, Economic Development Authority, Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke, Virginia 24011 William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Brian K. Brown, Economic Development Administrator }J'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38129-061608. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), Maple Leaf Bakery Inc., (MLB), and the Economic Development Authority of the City of Roanoke, Virginia, (EDA); providing for certain undertakings by the parties in connection with the purchase and installation of new equipment at MLB' s facility in the City; and dispensing with the second reading by title of this Ordinance. WHEREAS, MLB, formerly Canada Bread Bakeries, Inc., has proposed to replace its oldest existing production line with a new production line in MLB' s existing building located at 1955 Blue Hills Drive, Roanoke, Virginia 24012 and bearing Tax Map Number 7230102 ("Project"); WHEREAS, MLB has proposed spending at least $9.5 million (US) in new equipment on the proposed production line; WHEREAS, MLB has requested economic grants from the City through the EDA to assist in the cost of the machinery and tools necessary for the new production line, and MLB will also add new jobs for work on the new line; and WHEREAS, City staff recommends that the Project proceed and believes that such Project will promote economic development within the City. City staff has negotiated a Performance Agreement acceptable to MLB and EDA staff and recommends approval of such Agreement. After approval by the City, the Performance Agreement will be sent to the EDA for its action and execution. O-Maple Leaf P Adoc I THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Performance Agreement among the City, MLB, and the EDA, as set forth in the attachment to the City Manager's letter to Council dated June 16, 2008, which provides for certain undertakings and obligations by MLB, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant(s), which shall not exceed a total of $200,000.00 (US), provided for by the Performance Agreement will promote economic development within the City. 2. The City Manager is authorized on behalf of the City to execute a Performance Agreement among the City, MLB, and the EDA, upon certain terms and conditions as set forth in the City Manager's letter to Council dated June 16,2008. The Performance Agreement shall be substantially similar to the one attached to such letter and 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 provide for the implementation, administration, and enforcement of such Performance Agreement. 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: ,\~.!~- . ". V ".l I fJU TV ,:1 >' I' " ' ',.'_' City Clerk ' O-Maple Leaf P Adoc 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 June 16, 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: Performance Agreement among City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia (EDA), and Maple Leaf Bakery Inc. Background: Maple Leaf Bakery Inc. (MLB), which occupies over 1 50,000 square feet in the Roanoke Centre for Industry & Technology plans to eliminate production of a current bread line, buy new equipment and begin production on a new bakery item. The company proposes to spend at least $9.5 million on new equipment in addition to adding 40 jobs at the plant. It has requested a grant of up to $200,000 over a period of five (5) years to assist with this expansion. The grant would be made through the EDA for an amount equal to up to fifty (50) percent of the revenue the City actually received during the preceding grant year from the Machinery and Tools tax associated with the equipment purchased for the new line and subject to certain other provisions. The details of the terms of the proposed Performance Agreement are set forth in the attached Performance Agreement (Attachment A). Funding for the Performance Agreement will be appropriated in operating budgets beginning in the chosen fi rst g rant year. Honorable Mayor and Members of City Coundi June 16, 2008 Page 2 Recommended Action: Approve the substance of the terms of the Performance Agreement among the City, the EDA, and MLB as set forth in the attachment to this letter and determine such grants will promote economic development within the City. Authorize the City Manager to enter into a Performance Agreement with Maple Leaf Bakery Inc. and the Economic Development Authority of the City of Roanoke, Virginia, in a form substantially similar to the one attached, with the form of such Performance 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 Performance Agreement. Respectfully submitted, Darlene L. Bu City Manager DLB: LB 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 Brian K. Brown, Economic Development Administrator Harwell (Sam) M. Darby, Jr., Attorney, EDA CM08-00101 DRAFT 5/14/08 PERFORMANCE AGREEMENT This Performance Agreement (Agreement) is dated , 2008, by and among the City of Roanoke, Virginia, a municipal corporation (City), Maple Leaf Bakery Inc., a Delaware corporation authorized to do business in Virginia, (MLB), and the Economic Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laws of the Commonwealth of Virginia (ED A). WITNESSETH: WHEREAS, MLB, formerly Canada Bread Bakeries, Inc., has proposed to replace its oldest existing production line with a new production line in MLB' s existing building located at 1955 Blue Hills Drive, Roanoke, Virginia 24012 and bearing Tax Map Number 7230102 ("Project"); WHEREAS, MLB has proposed spending at least $9.5 million (US) in new equipment on the proposed production line; WHEREAS, MLB has requested economic grants from the City through the EDA to assist in the cost of the machinery and tools necessary for the new production line, and MLB will also add new jobs for work on the new line; WHEREAS, the City and the EDA desire that the Project proceed and have determined that such Project will promote economic development within the City and within the Roanoke Valley. Such Project will provide additional tax revenue and jobs to benefit the citizens of the City and the Roanoke Valley; WHEREAS, the EDA, based on the undertakings of MLB, has determined to make an annual economic development grant for a specified period to MLB from funds to be provided to the EDA by the City, all in accordance with the terms of this Agreement; and WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning this matter. NOW, THEREFORE, the parties, in consideration of the promIses and obligations contained herein, mutually agree as follows: SECTION 1. EDA ECONOMIC DEVELOPMENT GRANT. Subject to the terms of this Agreement, the EDA will make up to five (5) annual Economic Development Grants (each a "Grant") , the total of which shall not exceed $200,000.00 (US), to MLB in order to assist with the Project and enabling a new bakery production line to be established for the purposes of promoting economic development in the City and the Roanoke Valley. The EDA's obligations hereunder are not general MLB Perf Agreementdoc 1 obligations of the EDA, but are special obligations of the EDA limited to those funds which are provided by the City and received by the EDA under the terms set forth herein. SECTION 2. OBLIGATIONS OF MLB. MLB agrees and promises that in order to qualify to receive and to continue to receive the Grant for each grant year (as defined in this Agreement), MLB shall do or provide each of the following, all of which are material to this Agreement: A. Within 24 months after the date of this Agreement, complete the acquisition and installation of all new machinery, tools, and equipment for the new production line, including a permanent certificate of occupancy and/or any other applicable permits, certificates, and licenses to operate such line, have such new line open for production, and hire at least an additional 40 new permanent, full-time employees to work on such new production line. Such 40 new jobs shall be maintained for each year for which a Grant is requested. B. Within 24 months after the date of this Agreement, MLB will have spent or caused to have been spent at least $9.5 million (US) on new machinery and tools for the new line. Either the EDA or the City may request, in writing, that ,MLB provide documentation of the expenditure of the $9.5 million US on the Project and MLB will provide sufficient documentation of such expenditures within 30 days of any such written request from the EDA and/or the City. c. Verification of the job creation and the expenditures submitted by MLB shall be sufficient to allow the EDA and the City to determine if MLB has met the jobs and expenditure requirements. If the information submitted by MLB for verification of the jobs and expenditures is not reasonably sufficient to evidence such jobs and expenditure, either the EDA or the City may request further documentation, which will be provided by MLB within 30 days of receipt of the request for further documentation. All of the documents or information produced by MLB to verify such jobs and costs or expenditures shall be provided to the City and the EDA without any cost or charge to either the City or the EDA. D. MLB will file all appropriate and applicable real estate tax, machinery and tools property taxes, and other tax forms or notices with the City, ensure it has received assessments from the City for such taxes, and MLB shall pay all such taxes to the City and not claim any exemptions from real estate taxes, machinery and tools property taxes, or other taxes for any periods of time for which Grant funds are requested. MLB shall also ensure that the owner of the building and any entity that may operate and/or manage the Project, if different than MLB, also complies with all the obligations of this Section 2 (D) and any other applicable provisions of this Agreement. MLB Perf AgreemenLdoc 2 SECTION 3. ECONOMIC DEVELOPMENT GRANT. Subject to the conditions as set forth in this Agreement, the EDA will provide certain Grant funds, limited to those funds which are received by the EDA from the City, as set forth below, to MLB, in order to assist with the Project: A. At the option of MLB, it may request a yearly Grant for (i) the grant year starting as of July 1, prior to the date the new line opens (which will be a short year) or (ii) the grant year starting July 1 after the new line opens, provided MLB must submit a request to the EDA each year for such a Grant and provide the EDA and the City sufficient documentation as to MLB's compliance with this Agreement. For purposes of this Agreement, a 'grant year' means July 1 through June 30 (for example, if the line opens on January 15, 2009, MLB may select as the first grant year the period beginning (i) July 1,2008, to June 30, 2009, or (ii) July 1, 2009, to June 30,2010.) B. Such Grant may be requested for a maximum period of five (5) consecutive years, which shall include the first Grant request. Furthermore, if no Grant request is made for the short grant year mentioned above, such five (5) consecutive year period shall be deemed to start to run from the grant year after the line opens and end five (5) years thereafter. The five (5) year period shall continue to run whether or not a Grant request is made for any particular year. All Grant requests must be submitted to the EDA between the period of September 1 and December 1, for the preceding grant year or no Grant will be considered or given for that particular year. For example, if MLB wants to make a request for the grant year of July 1,2008, to June 30, 2009, MLB must do so between September 1, 2009, and December 1, 2009. Also, in such an example the five (5) consecutive years for which a Grant could be requested would be July 1, 2009, through June 30, 2013. The City will cooperate with MLB by providing public information relevant to tax revenue received from the Project. C. Subject to the provisions of this Agreement, the amount of each Grant request can be up to an amount equal to 50% of the amount of revenue the City actually received during the preceding grant year from the machinery and tools property tax on the new equipment for the new line. Any new local tax or increase in the rate of any of the aforementioned taxes for the purpose of dedicating the incremental revenue for a specific project or purpose shall be excluded from such amount of tax revenue resulting from the machinery and tools needed for the new line. In no event shall any request be made or granted if the above total revenue from machinery and tools property taxes for such equipment associated with the new production line for any specific grant year is less than $65,500.00 (US). Furthermore, there shall be no carryover from one grant year to the next for any funds from the prior year or years or for purposes of determining the revenue for any grant year. Each grant year must be looked at separately to see if the requirements for a Grant request have been met. MLB Perf Agreement.doc 3 D. The maximum amount of all Grant funds MLB may receive under this Agreement shall in no event exceed a total of $200,000.00 (US). Once this maximum amount is paid to MLB, MLB may not make any further Grant requests and no further Grant requests will be considered. E. By way of example only, assuming MLB has complied with its obligations under this Agreement, if the line opens on January 1, 2009, and MLB selects the short grant year, it would run from July 1, 2008, through June 30, 2009. If MLB wants to make a Grant request, it must deliver such request to the EDA between September 1 and December 1, 2009. MLB must show the total amount of revenue the City actually received only from the machinery and tools property taxes referred to in this Agreement for the period of July 1, 2008, through June 30, 2009, amounted to over $65,500.00 (US). The following examples show how the calculation would be made, with the second example modifying some of the assumptions: 1. This example would apply for any grant year: Total applicable revenue received by the City -$200,000.00 (US) Since this amount is over the required $65,500.00 (US) minimum required by the Agreement, MLB could request a grant amount equal to 50% of the above amount of $200,000.00 (US), which would equal a $100,000.00 (US) Grant request. 2. This example would apply for any grant year: Total applicable revenue received by the City - $60,000.00 (US) Since this amount is below the $65,500.00 (US) minimum required by the Agreement, no Grant request should be made and no Grant request would be approved. However, this would be considered a grant year of the total of 5 years for which a Grant request can be made. SECTION 4. DISTRIBUTION OF GRANT FUNDS. Following the end of each grant year, upon MLB's compliance with the obligations set forth in this Agreement, MLB may request in writing that the EDA obtain and provide the Grant funds mentioned above in accordance with the terms of this Agreement. Such request must be accompanied by sufficient documentation to establish to the reasonable satisfaction of the EDA and the City, MLB's compliance with the obligations set forth in this Agreement. Upon receipt of such request, and approval by the EDA (approved request), the EDA will forward the approved request to the City Manager and Economic Development Administrator. The written Grant request(s) from MLB to the EDA will be on a form approved by the EDA's counsel, which form is attached hereto as Exhibit A. MLB Perf Agreement-doc 4 The EDA may disapprove any request not complying with the terms of this Agreement or require that a revised request be submitted. Should the EDA disapprove a Grant request or require that MLB submit a revised request, the EDA shall provide written notice to MLB stating the basis for disapproval and any defect in the Grant request and specifying the required additional information. MLB shall submit the revised or resubmitted request within 30 days of receipt of such written notice. After the EDA approves a request, the EDA will make a written request to the City for the distribution to the EDA of the City's appropriation of such funds. The EDA will forward approved Grant requests to the City Manager and Economic Development Administrator. The City will process such approved request within 45 days of receipt thereof, subject to such funds being appropriated. The EDA will make any approved payment to MLB within 10 working days from the date of receipt of the funds from the City, provided, however, the EDA has no liability in the event the City delays processing the EDA's requisition. The EDA's obligations shall be limited to those funds which the EDA shall receive from the City and shall not be a general obligation, but a special obligation of the EDA. Furthermore, no Grant requests may be made by MLB or considered by the EDA after December 1 of the end of the fifth grant year or after the payment of the maximum Grant amount to MLB, whichever occurs first. SECTION 5. PAYMENT OF EDA'S FEES. MLB promises and agrees it will pay all reasonable fees, costs, and expenses of the EDA in connection with this matter, including any action necessary to collect reimbursement hereunder or litigation of any type, all of which includes the reasonable fees of the EDA's counsel. Payment of such items shall not be made from any Grant funds. The EDA will submit statements to MLB for such items and MLB will pay such statements within 30 days after receipt. SECTION 6. REPORTS TO THE EDA AND THE CITY. During the term of this Agreement or until all $200,000.00 (US) in approved Grants has been paid to MLB, whichever occurs first, MLB agrees to report to and provide the EDA and the City on a semi-annual basis, on or before June 30 and December 31 of each year, sufficient information related to MLB' s compliance with the conditions of this Agreement and to provide appropriate documentation to support such compliance. MLB also agrees to allow the EDA, the City, and/or its representative to inspect, audit, copy, or examine any of MLB's books, documents associated with this specific Project, or other relevant materials in connection therewith upon written request by the EDA or the City. All such documents, information (including electronic data), or access shall be provided or made available within 30 days of a written request from either the EDA or the City, at no cost to the EDA or the City. SECTION 7. COMPLIANCE WITH LAWS. MLB agrees to comply with all applicable federal, state, and local laws, rules, and regulations in the performance of this Agreement. MLB Perf Agreement.doc 5 SECTION 8. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. SECTION 9. SEVERABILITY. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which will continue in full force and effect. The parties intend the remaining provisions of the Agreement be enforced to the fullest extent permitted by applicable law. SECTION 10. AUTHORITY TO SIGN. The persons who have executed this Agreement on behalf of the parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. SECTION 11. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 12. SUCCESSORS. The terms, conditions, provisions, and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 13. NONDISCRIMINATION. A. During the performance or term of this Agreement, MLB agrees as follows: 1. MLB Perf Agreement.doc MLB will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of MLB. MLB agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 11. MLB in all solicitations or advertisements for employees placed by or on behalf of MLB will state MLB is an equal opportunity employer. 111. 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. 6 B. MLB will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000 (US) that is entered into after the date that this Agreement receives final approval from the City and the EDA so that the provisions hereof will be binding upon each subcontractor or vendor. SECTION 14. ASSIGNMENT. MLB agrees not to assign or transfer any part of this Agreement without the prior written consent of the City and the EDA, which will not be unreasonably withheld, delayed, or conditioned, and any such assignment shall not relieve MLB from any of its obligations under this Agreement. SECTION 15. INDEMNITY. MLB agrees to indemnify and hold harmless the EDA, the City, and their officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages, or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of MLB or its agents, employees, or representatives arising out of or connected in any way to any of the matters involved in this Agreement or any performance thereunder. SECTION 16. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Agreement, MLB agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's choice of law provisions which shall not apply; and all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. SECTION 17. NONWAIVER. Each party agrees any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any breach of this Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any party and does not bar the non-defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Agreement and does not bar the non-defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Agreement or by law. MLB Perf AgreemenLdoc 7 SECTION 18. CAPTIONS AND HEADINGS. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this Agreement. SECTION 19. APPROPRIATION OF FUNDS. All obligations or funding undertaken by the City or the EDA in connection with the Project or this Agreement are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. SECTION 20. PERFORMANCE. If MLB fails to comply with any of MLB's obligations under this Agreement, as determined by the City in the City's reasonable discretion, MLB will not be entitled to be eligible for and/or receive and/or continue to be eligible for and/or receive any such Grants or Grant funds as referred to above or in this Agreement. SECTION 21. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to City, to City of Roanoke Attn: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-1138 With a copy to: Economic Development Administrator 117 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-1213 If to EDA, to: Chair, Economic Development Authority of the City of Roanoke, Virginia c/o Harwell M. Darby, Jr., Esquire Glenn, Feldmann, Darby & Goodlatte 210 First Street, SW, Suite 200 Roanoke, Virginia 24011 Fax No. 540-224-8050 MLB Perf Agreement.doc 8 If to MLB, to: Director of Operations, Richard Fugere Maple Leaf Bakery Inc. 4000 blvd. Industriel Laval, Quebec Canada H7L 4R9 Fax No. 450-669-4211 With a copy to: Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 22. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1. be advised the City does not discriminate against faith based organizations. SECTION 23. FORCE MAJURE. A delay in, or failure of, performance by any party, shall not constitute a default, nor shall MLB, the City or EDA be held liable for loss or damage, or be in breach of this Agreement, if and to the extent that such delay, failure, loss or damage is caused by an occurrence beyond the reasonable control of such party, and its agents, employees, contractors, subcontractors, and consultants, including results from Acts of God or the public enemy, compliance with any order or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or equipment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules or regulations of governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Agreement any one delay caused by any such occurrence shall not be deemed to last longer than 6 months and the party claiming delay caused by any and all such occurrences shall give the other parties. written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of 9 months of delays of any type have been claimed by a party as being subject to force majure, no further delays or claims of any type shall be claimed by such party as being subject to force majure and/or being an excusable delay. SECTION 24. ENTIRE AGREEMENT. This Agreement, together with any exhibits or attachments, constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No MLB Perf AgreemenLdoc 9 amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW MLB Perf Agreemenl.doc 10 IN WITNESS WHEREOF, the parties have executed this Performance Agreement by their authorized representatives. Witness: CITY OF ROANOKE, VIRGINIA By Darlene L. Burcham, City Manager Printed Name and Title (SEAL) WITNESS: Maple Leaf Bakery Inc. By Richard Lan, CEO Printed Name and Title WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA Damon Williams, Secretary Dennis R. Cronk, Chair Approved as to Form Approved as to Execution City Attorney City Attorney Appropriation and funds required for this Agreement are subject to future appropriation. Director of Finance Date Acct# MLB Perf Agreementdoc 11 DRAFT - 5/14/2008 Exhibit A to Performance Agreement Among City of Roanoke, Maple Leaf Bakery Inc., and EDA Grant Request Form This Grant Request is submitted pursuant to a certain Performance Agreement dated , 2008, (the "Performance Agreement"), by and among the City of Roanoke, Virginia, ("City"), Maple Leaf Bakery Inc., ("MLB"), and the Economic Development Authority of the City of Roanoke, Virginia, ("EDA"). Terms used but not defined herein shall have the same meanings ascribed to such terms in the Performance Agreement. The Performance Agreement provides that MLB will create at least 40 new, permanent, full-time jobs and invest at least $9.5 million (US) on a new bakery production line in MLB's existing building located at 1955 Blue Hills Drive, Roanoke, Virginia 24012 and bearing Tax Map Number 7230102. These obligations are to be completed within a certain period of time as set forth in the Performance Agreement. The Performance Agreement further provides that MLB may, upon compliance with the provisions of the Performance Agreement, make a request to the EDA for an economic development grant in an amount equal to 50 % of the amount of revenue the City actually received during the preceding grant year from the Machinery and Tools Taxes from the Project, provided that such total amount of revenue received by the City should not be less than $65,500 (US) for the previous grant year. If the total amount of such revenue from the previous grant year is less than $65,500 (US), no grant request may be made by MLB and no grant request will be considered or honored for such grant year. Furthermore, MLB must supply sufficient documentation as called for by the Performance Agreement to document its request and its compliance with the Performance Agreement. Each grant year is to be looked at separately to see if the requirements for a grant request have been met. MLB warrants and represents that it has complied with all of the terms and conditions of the Performance Agreement necessary for it to obtain grant funds from the EDA, including but not limited to all of the provisions of Section 2 of the Performance Agreement, and that it will continue to comply with the terms and conditions of the Performance Agreement in order to continue to be eligible to make further grant requests. Attached to this Grant Request Form is the information MLB represents as being sufficient to show that the City has been paid the sum of $ from the machinery and tools taxes from the Project for the prior grant year of July 1, , through June 30, , and that such amount exceeds the sum of $65,500 (US). Accordingly, MLB hereby requests from the EDA an economic development grant, as provided for in the Performance Agreement, in the amount of $ , which is an amount equal to 50% of the amount of revenue the City actually received during the preceding grant year as referred to -9999877 .doc 1 above and is supported by the attached documentation as Attachment A. This Grant Request is for Grant Year No. Amounts previously paid by the EDA to MLB in economic grants totals $ Since the total amount of all grants that may be requested and/or provided for under the Performance Agreement is $200,000.00 (US), the total remaining amount that MLB may request by future grant requests is $ The Performance Agreement provides that a grant may be requested for a maximum period of five consecutive years. Therefore, since this is Grant Request No.1, for the grant year of July 1, , through June 30, , the five consecutive years for which a grant could be requested are July 1, , through June 30, and In the event of a conflict or difference between the terms of the Performance Agreement and those contained in this Grant Request, the terms and provisions of the Performance Agreement shall control. MLB respectfully requests that the EDA process this grant request through the City and send copies to the City Manager and the City's Economic Development Administrator, in accordance with the provisions of the Performance Agreement. This Grant Request is dated WITNESS: Maple Leaf Bakery Inc. By Printed Name and Title Printed Name and Title -9999877.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: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC ' City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38130-061608 authorizing the execution of an agreement and related documents with the Art Museum of Western Virginia to cause to be painted a mural on a City-owned retaining wall located at the western end of the south abutment of the Williamson Road Viaduct. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect ~pon its passage. Sincerely, ~M. fvInn. Stephanie M. Moon, CM~' C City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Robert K. Bengtson, P. E., Director of Public Works w-~l~ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38130~061608. AN ORDINANCE authorizing the execution of an agreement and related documents with the Art Museum of Western Virginia to cause to be painted a mural on a City-owned retaining wall located at the western end of the south abutment of the Williamson Road Viaduct; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: J 1. The City Manager is hereby authorized, for and on behalf of the City, to execute an agreement with the Art Museum of Western Virginia to cause to be painted a mural on a City-owned retaining wall, and any other necessary and appropriate documents as approved by the City Attorney setting forth the obligations of each party thereto, as described in a letter to Council by the City Manager dated June 16,2008. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: \ ,:';3 \, i.: .,! ~-t-. l~h1>MI)/JYV ~~" . f' c.: CityClerk. \ K:\Measures\Agreement with Art Museum of Western VA for mural on retaining wall.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 June 16, 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 to Paint Mural on City-owned Retaining Wall Background: City Council received a briefing during its May 5th work session regarding the Art Museum of Western Virginia's request to paint a mural on a City-owned retaining wall adjacent to Salem Avenue and Williamson Road. A letter agreement between the City of Roanoke and the Art Museum has been prepared that would enable the Art Museum to utilize the retaining wall as requested, subject to certain terms and conditions. Recommendation: Authorize the City Manager to execute the attached letter agreement on behalf of the City of Roanoke, such agreement to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bur ham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works CM08-00094 June 4, 2008 Ms. Georganne C. Bingham, Executive Director Art Museum of Western Virginia Center in the Square One Market Square, 2nd Floor Roanoke, Virginia 24011 Re: Mural Dear Ms. Bingham: This letter evidences the City of Roanoke's ("City") agreement to permit the Art Museum of Western Virginia ("Museum") to cause to be painted a mural on a City- owned retaining wall ("wall"), subject to the following terms and conditions, in the following location: BEGINNING on the vertical wall at the western end of the south abutment of the Williamson Road Viaduct, then south for a distance of approximately twelve (12) feet, then in a southwesterly direction for a distance of approximately thirty- nine (39) feet, and then in a westerly direction for a distance of approximately seventy-five (75) feet to the endpoint. The design of any mural painted on the wall shall be approved in advance by the City Manager or her designee. No words, graphics or logos that advertise goods, products, or services which are currently being offered or marketed shall be placed on the wall. The Museum shall be responsible for removing promptly any graffiti that may be placed on the wall. The City reserves the right to inspect and make necessary repairs to the wall, and in so doing shall take reasonable precautions not to damage any mural on the wall, if possible. The City shall not be liable for any damage which may occur in undertaking such work. The Museum, its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, employees, and volunteers from all claims for injuries or damages to persons or property that may arise by reason of the above-described use of City property. The Museum, its grantors, assigns or successor in interest shall for the duration of this permit maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00 of commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, employees, and volunteers as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of the date of this letter. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. This agreement shall be in full force and effect at such time as a copy, duly signed by the Museum, has been given the City, and shall remain in effect only so long as a valid, current certificate evidencing the insurance required above is on file in the Office of the City Clerk. This agreement shall be for an initial term of three (3) years, and may be renewed from year to year thereafter upon the written agreement of the City and the Museum. During the term of this agreement, removal of accumulated layers of paint will be the responsibility of the Museum and must be coordinated with the City Manager or her designee. Upon the termination of this agreement, the Museum shall remove all paint from the wall, and apply a material coating acceptable to the City Manager or her designee. City of Roanoke By: ________________________________ City Manager ACCEPTED and EXECUTED by the undersigned this ______ day of ___________, ________. Art Museum of Western Virginia By: _________________________________ Title: _______________________________ Approved as to Form: City Attorney Approved as to Execution: City Attorney 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 June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38131-061608 authorizing the City Manager's issuance and execution of an Amendment to the City's Contract with Genuine Parts Company for certain modifications to such Contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, SMM:ew Attachment pc: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney James Grigsby, Assistant City Manager of Operations Sherman M. Stovall, Director, Office of Management and Budget Kenneth S. Cronin, Director of General Services Kenneth Bernard, Fleet Manager Sharon T. Gentry, Purchasing Manager /('" p.l' IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38131-061608. AN ORDINANCE authorizing the City Manager's issuance and execution of an Amendment to the City's Contract with Genuine Parts Company (Contractor or GPC) for certain modifications to such Contract; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Contractor entered into a Contract dated April 17, 2007, that provided for the Contractor to provide all equipment, materials, goods, labor, and services necessary for a Turn Key On-Site Parts Operation (Parts Operation) at the City's Public Works Facility, located at 1802 Courtland Avenue NW, Roanoke, Virginia for the City's Fleet Division (Contract), which Contract was authorized by Ordinance No. 37720-040207; WHEREAS, the term of the Contract was April 17, 2007, through April 16, 2009, with the option for the City to extend the Contract for up to three additional one year periods or any combination thereof. City staff recommends modification of the Contract term so the term will coincide with the City's fiscal year, and to also adjust the Contract amount as set forth in the City. Manager's letter to this Council dated June 16,2008; and WHEREAS, City staff recommends modification of the provisions of Section 5 (C)(iv) of the Contract as set forth in the above mentioned City Manager's letter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute an Amendment to the City's Contract with GPC for certain modifications to such O-Amendment to GPC.doc 1 Contract, all as more fully set forth in the City Manager's letter to this Council dated June 16, 2008. 2. Such Amendment will provide authorization to modify the Contract term and increase the Contract's not to exceed amount to $925,000 for the modified Contract term of April 17,2007, through June 30, 2008. The Amendment will be effective retroactively to December 1, 2007, and shall be substantially similar to the one attached to the above mentioned City Manager's letter and 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 provide for the implementation, administration, and enforcement of such Amendment and of the original Contract. 4. Pursuant to the provisions of Section 12 of the City Code, the second reading by title of this Ordinance is hereby dispensed with. ATTEST: ,^.~ City Clerk O-Amendment to GPC.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov June 16, 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: Modification of Contract with Genuine Parts Company - Amendment No.1 Background: The City and Genuine Parts Company (Contractor, GPC, NAPA) entered into a contract wherein Contractor would provide all equipment, rnaterials, goods, . labor, and services necessary for a Turn-Key On Site Parts Operation (Parts Operation) at the City's Public Works Facility, located at 1802 Courtland Avenue NW, Roanoke, Virginia for the City's Fleet Division (Contract). The Contract term is from April 17, 2007, through April 16, 2009, with the option for the City to extend the. Contract for up to three additional one year periods, or any combination thereof. The Contract has been quite successful - resulting in lower parts costs (on a per item basis), significant improvement in parts delivery time to Fleet technicians, and quicker turnaround time for repaired equipment. Being the first contract of this kind for the City, the experiences of the first year revealed improvements/enhancements in areas that should be incorporated into the Contract through modifications by an Amendment No. 1 to the Contract, a copy of which is attached. The following is a summary of the proposed modifications: A. Modify the Contract term so that the term will coincide with the City's fiscal year. As currently written, the Contract term (and subsequent terms) extends over two fiscal years. By matching the Contract term with the City's fiscal year, tracking and administration activities are Honorable Mayor and Members of City Council June 16, 2008 Page 2 made easier. Extending the end of the first year from April 16, 2008, to June 30, 2008, and then each ensuing term to match the City's fiscal year will accomplish this enhancement to the Contract. B. Modify the Contract amount. The original not-to-exceed amount for the first year of the Contract was $600,000 per year. Since the first year extended over two fiscal years, the expenditures ended up exceeding the not-to-exceed amount and such amount needs to be increased to reflect the costs incurred. Also, since the initial Contract term will be extended by approximately two and one half months as mentioned above, additional funds need to be added to the not-to- exceed amount to cover such extended period. Accordingly, the total not-to-exceed amount for the extended first Contract year should be $925,000, and then the approved City budgeted amount for each year thereafter. Since this increased amount exceeds the greater of 25% of the original Contract amount or $50,000, as provided for by the City Charter, Council authorization is needed. C. Modify the compensation review procedures in Section 5(C)(iv) of the Contract. The initial language stated that a review of the compensation would occur every three months, with appropriate adjustments being made as required. Additional language will be added to the Contract to allow representatives of the parties to modify such review procedures as circumstances may dictate. D. The above modifications will be retroactively effective as of December 1,2007. E. Funding for this modification is available in accounts 017-440-2641-3016 and 3023. Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the above mentioned Contract between the City and Genuine Parts Company, in a form substantially similar to the one attached, with the form of such Amendment No. 1 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 Amendment No.1 to such Contract. Respectfully submitted, Darlene L. Burc City Manager Honorable Mayor and Members of City Council June 16, 2008 Page 3 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Manager of Management and Budget James Grigsby, Assistant City Manager of Operations Kenneth S. Cronin, Director of General Services Kenneth Bernard, Fleet Manager Sharon T. Gentry, Purchasing Manager CM08-00 104 ,. DRAFT - 6-9-2008 AMENDMENT NO.1 TO CONTRACT FOR A TURN KEY ON-SITE PARTS OPERATION This Amendment No. 1 to Contract for a Turn Key On-Site Parts Operation for the City of Roa!J.oke (Amendment No.1) is dated ,2008, by and between the City of Roanoke, Virginia, (City), and Genuine Parts Company (Contractor, GPC, or NAPA). WITNESSETH: WHEREAS, the City and Contractor entered into a Contract dated April 17, 2007, that provided for the Contractor to provide all equipment, materials, goods, labor, and services necessary for a Turn Key On-Site Parts Operation (Parts Operation) at the City's Public Works Facility, located at 1802 Courtland Avenue NW, Roanoke, Virginia for the City's Fleet Division (Contract); WHEREAS, on April 2, 2007, Council adopted Ordinance No.37720-040207 that authorized the above Contract for the Parts Operation for the City's Fleet Division at the City's Public Works Service Center (PWSC), and which included a license for the Contractor to use a section of the PWSC for such Parts Operation, and also authorized the City Manager to implement, administer, and enforce such Contract. The Contractor started providing the Parts Operation on April 17, 2007; WHEREAS, pursuant to Section 2 of the Contract, the parties agreed that the total not to exceed amount for the Contract was to be $600,000.00 per year; WHEREAS, the term of the Contract was April 17, 2007, through April 16, 2009, with the option for the City to extend the Contract for up to three additional one year periods or any combination thereof. The parties now want to modify the Contract term so the term will coincide with the City's fiscal year, and to also adjust the Contract amount as set forth herein; WHEREAS, the parties want to modify the provisions of Section 5 (C)(iv) of the Contract; and WHEREAS, the parties want to amend the Contract to address the above items. NOW, THEREFORE, in consideration of the promises and the covenants contained herein and in the original Contract, the City and the Contractor hereby agree as follows: SECTION 1. MODIFICATION OF CONTRACT AMOUNT. Section 2. Contract Amount, of the original Contract is hereby amended by deleting the language contained therein and replacing it with the following language: "The City agrees to pay the Contractor for the Contractor's complete and satisfactory performance of the Work, in the manner and at the time set out in this Contract, the amount, less any discounts, of the parts and/or supplies that City personnel may periodically obtain and/or request and accept from Contractor and for the Contractor's Management services in the manner and as provided for in this Contract, but the total amount for all such items shall not exceed $925,000 for the period of April 17, 2007, through June 30, 2008, without the prior written consent of the City. For the period of July 1, 2008, through June 30, 2009, and any subsequent renewal period(s), the total amount for all such items shall not exceed the City's approved -4637813.doc 1 budgeted amount, including any amendments, for the corresponding City fiscal year or prorated portion thereof without the prior written consent of the City. Furthermore, this Contract amount may be increased or decreased by additions and/or reductions in the Work as may be authorized and approved by the City, and the Contract amount may be decreased by the City's assessment of any damages against the Contractor, as may be provided for in this Contract or by law, and the City retains the right of setoff as to any amounts of money the Contractor may owe the City. However, Contractor further acknowledges and agrees that there is no guarantee of any minimum amount of parts and/or supplies that may be requested by the City." SECTION 2. MODIFICATION OF CONTRACT TERM. Section 3. Term of Contract, of the original Contract is hereby amended by deleting the language contained therein and replacing it with the following language: "The term of this Contract will be for the period of April 17,2007, through June 30, 2009, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law or unless extended as set forth herein at the option of the City. A. At the City's option, the Contract may be extended for up to two (2) additional one (1) year periods (i.e. July 1, 2009, through June 30, 2010, and July 1,2010, through June 30, 2011) and, if the City elects, from July 1, 2011, through April 16, 2012, or any combination thereof. The City may exercise its option by giving written notice of such to the Contractor at least sixty (60) days before the expiration of the initial term or any subsequent extension term. However, if the City terminates the Revocable License (Exhibit 3), the Contractor's obligation to provide the Parts Operation shall terminate on the same date as the termination of the Revocable License is effective, unless the parties mutually agree otherwise, which may include an alternate location for the performance of the Parts Operation. B. All terms and conditions shall remain in force for the initial term of the Contract and for any renewal term unless modified by mutual agreement of both parties." SECTION 3. MODIFICATION OF SECTION 5 (C) (IV). Section 5 (C)(iv) (a subsection under Section 5. Payment), of the original Contract is hereby amended by adding at the end of the first paragraph after the word "credit" the following language: "The above review procedures in this paragraph (iv), except for the not to exceed 10% provision mentioned above, may be modified from time to time by mutual written agreement of the representatives of the parties." SECTION 4. EFFECTIVE DATE OF AMENDMENT NO.1. This Amendment No.1 shall be retroactively effective as of December 1, 2007. SECTION 5. CONTINUATION OF TERMS AND CONDITIONS OF CONTRACT. All the terms and conditions of the Contract between the parties dated April 17, 2007, shall continue in full force and effect except as modified above. -4637813.doc 2 IN WITNESS WHEREOF, the parties have signed this Amendment No.1 by their authorized representatives. ATTEST OR WITNESS: GENUINE PARTS COMPANY By: By: Printed Name and Title Printed Name and Title ATTEST OR WITNESS: CITY OF ROANOKE, VIRGINIA By: Darlene L. Burcham, City Manager Printed Name and Title Approved as to Form: Appropriation and Funds Required for this Contract Certified: City Attorney Director of Finance Approved as to Execution: Date Acct. # City Attorney Approved by Ordinance No. -46378 I 3.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) 853-1145 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 June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38132-061608 authorizing the proper City officials to execute an Amendment No. 3 to "a Performance Agreement dated November 18, 2004, as amended, among the City of Roanoke, the Economic Development Authority of the City of Roanoke, and IMD Investment Group, LLC, which amendment will provide for a time extension concerning an obligation of IMD Investment Group, LLC, under such Performance Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, ~~~~~ City Clerk SMM:ew Attachment Darlene L. Burcham June 18, 2008 Pag e 2 pc: Harwell (Sam) M. Darby, Jr., Attorney, Economic Development Authority, Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke, Virginia 24011 Dennis R. Cronk, Chair, Economic Development Authority, 3310 Kingsbury Circle, S. W., Roanoke, Virginia 24014 Bland A. Painter, III, IMD Investment Group, LLC, P. O. Box 477, Troutville, Virginia 24175 Jesse A. Hall, Director of Finance 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 Linda Bass, Economic Development Specialist p;(. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38132-061608. AN ORDINANCE authorizing the proper City officials to execute an Amendment No.3 to a Performance Agreement dated November 18, 2004, as amended, among the City of Roanoke, (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and IMD Investment Group, LLC, (IMD), which amendment will provide for a time extension concerning an obligation of IMD under such Performance Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City, the EDA, and IMD entered into a Performance Agreement dated Novem1?er 18, 2004, (Performance Agreement), a subsequent Amendment No. 1 dated November 14, 2006, and an Amendment No.2 dated September 18, 2007, concerning IMD's proposed development of certain property mentioned therein, and which was subject to certain terms' and conditions contained in such Performance Agreement; and WHEREAS, IMD has requested a further time extension for completion of one of IMD's obligations under the Performance Agreement, Amendment No.1, and Amendment No.2, and City staff recommends granting such request. After approval by the City, the Amendment No.3 will be sent to the EDA for its action and execution. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves IMD's requested time extension for completion of one of IMD's obligations under the Performance Agreement, Amendment O-Amendment 3 to IMD P A.doc 1 No.1, and Amendment No.2, namely that item relating to Subsection 2 (D), as set forth in the City Manager's letter to Council dated June 16, 2008, and the draft Amendment No. 3 attached thereto. 2. The City Manager is authorized on behalf of the City to execute an Amendment No.3 to the Performance Agreement, Amendment No.1, and Amendment No.2, providing for a certain time extension for IMD to complete one of IMD's \ , obligations thereunder regarding the time period to open a drug store, upon certain terms and conditions as set forth in the above mentioned City Manager's letter. Such amendment will be substantially similar to the one attached to such letter and in a fonn 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 provide for the implementation, administration, and enforcement of such amendments to the Performance Agreement and of the Performance Agreement itself. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. ATTEST: O-Amendment 3 to IMD P A.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov June 16, 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: Amendment No.3 to Performance Agreement with IMD Investment Group, LLC Background: The City, IMD Investment Group, LLC (IMD), and the Economic Development Authority of the City of Roanoke, Virginia (EDA), entered into a Performance Agreement dated November 18, 2004, with a subsequent Amendment NO.1 dated November 14, 2006, and a following Amendment No.2 dated September 18, 2007, regarding the development of certain property on the corner of Wonju Street and Franklin Road, SW to include a Ukrop's grocery store and a drug store, anticipated to be a Walgreen's, in what is called the Ivy Market shopping center. IMD has requested an extension of the due date for the completion and opening of the drug store from June 30, 2008, to October 31, 2008. For reasons that, according to IMD, were beyond IMD's control, the construction of the drug store. has not proceeded as anticipated. A violent windstorm was responsible for the collapse of three completed walls at the drug store's site, which required cleanup and rebuilding. As a consequence of the damage caused by the storm,the current amended completion schedule for the drug store cannot be met. Honorable Mayor and Members of City Council June 16, 2008 Page 2 IMD has met other requirements of its first phase - a Ukrop's grocery store with 58,000 square feet opened to the public and IMD spent in excess of $3 million on infrastructure costs on the property and one-floor of structured parking below ground level before July 31, 2007. All other terms of the November 18, 2004, agreement and Amendment NO.1 and Amendment No.2, as modified by Amendment No.3, will remain in effect. Recommended Action: Approve IMD's requested time extension for the opening of the drug store and the terms of Amendment No.3 to the Performance Agreement as set forth in the attachment to this letter. Authorize the City Manager to execute an Amendment No. 3 to the Performance Agreement among the City, IMD, and the EDA, in a form substantially similar to the one attached, with the form of such Amendment No.3 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 Amendment No.3 to the Performance Agreement. Respectfully submitted, Darlene L. Bur City Manager DLB:LB c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Development Sherman M. Stovall, Director of Management and Budget Brian K. Brown, Economic Development Administrator Linda Bass, Economic Development Specialist Dennis R. Cronk, Chair, EDA Harwell (Sam) M. Darby, Jr., Attorney, EDA Bland Painter, IMD CM08-00095 DRAFT - 6-4-2008 AMENDMENT NO.3 TO PERFORMANCE AGREEMENT This is Amendment No.3 to a certain Performance Agreement dated November 18, 2004, by and among the City of Roanoke, Virginia, a municipal corporation (City), IMD Investment Group, LLC, a Virginia Limited Liability Company (IMD), and the Economic Development Authority of the City of Roanoke, Virginia, an economic development authority organized and existing under the laws of the Commonwealth of Virginia (EDA). This Amendment No.3 is dated June ,2008. WITNESSETH: WHEREAS, the City, IMD, and the EDA (formerly the IDA) entered into a certain Performance Agreement dated November 18, 2004, (Performance Agreement) concerning IMD's proposed development of certain property'mentioned therein and which was subject to certain terms and conditions contained in such Performance Agreement; WHEREAS, due to unanticipated time delays which IMD indicated were beyond its control, IMD requested certain time extensions for completion of some of IMD's obligations under such Performance Agreement and the City and the EDA agreed to IMD's request and entered into Amendment No.1 dated November 14, 2006; WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its control, IMD requested an additional time extension for completion of IMD's obligations in Section 2 (D) of the Performance Agreement and the City and the EDA agreed to IMD's request and entered into Amendment No.2 dated September 18, 2007; and WHEREAS, due to additional unanticipated time delays which IMD has indicated were beyond its control, IMD has requested a further extension of time for complying with IMD's obligations in Section 2 (D) of the Performance Agreement, as amended by Amendments No.1 and No.2. The City and the EDA have agreed to IMD's request and the parties now wish to reduce to writing their understanding of the time extension that is being granted to IMD by this Amendment No.3. NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in the original Performance Agreement, Amendment No.1, Amendment No.2, and in this Amendment No.3, mutually agree as follows: Section 1. Certain Limited Time Extension. The following subsection of Section 2. Oblhmtions of IMD, of the Performance Agreement is being modified only to the extent necessary to provide IMD with an additional time period to perform certain obligations under that subsection as set forth below. Therefore, Subsection 2 (D), as contained in the Performance Agreement and as modified by Amendments No.1 and No. 2, is hereby deemed to be replaced effective as of the date of this Amendment No.3 with the replacement Subsection as set out below: -1687615.doc 1 2 CD) On or before October 31,2008, a drug store, anticipated to be a Walgreens, will be opened to the public for business on the Property. Section 2. Continuation of Terms and Conditions of Performance Agreement. All the terms, obligations, and conditions of the original Performance Agreement dated November 18, 2004, Amendment No.1 dated November 14, 2006, and Amendment No.2 dated September 18, 2007, among the parties shall and do hereby continue in full force and effect, except and only to the extent as modified above. SIGNATURE PAGE TO FOLLOW -1 687615.doc 2 IN WITNESS WHEREOF, the parties have executed this Amendment No.3 by their authorized representati ves. ATTEST /WITNESS: Printed Name and Title WITNESS: Printed Name and Title (SEAL) WITNESS: , Secretary Approved as to Form: City Attorney Date: Appropriation of Funds Required for this Agreement are subject to future appropriation: Director of Finance Date Acct # Authorized by Ordinance No: CITY OF ROANOKE By: Darlene L. Burcham, City Manager IMD Investment Group, LLC By: Bland A. Painter, III, Sole Member and Manager ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By Dennis R. Cronk, Chair Approved as to Execution: City Attorney Date: -1687615.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) 853-1145 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 June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38133-061608 authorizing the City Manager to execute a Third Amendment to an existing Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, to further extend the term of the Lease for additional periods of one month each, not to exceed twelve months. The abovereferenced measure was adopted by the Council of the City of Roanoke- at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, Aq1~M. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc . Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist me IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38133-061608. AN ORDINANCE authorizing the City Manager to execute a third amendment to an existing Lease Agreement between the City of Roanoke and the Commonwealth of . Virginia, Department of Health, dated June 5, 2001, to further extend the term of the Lease for additional periods of one month each, not to exceed twelve months; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest respectively, a third amendment to the Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, for the lease of certain property located at 515 and 530 8th Street, to further extend the term ofthe Lease by additional periods of one month each, not to exceed a total of twelve months, at a rate of $12,983.33 per month, commencing July 1, 2008, as further stated in the City Manager's letter dated June 16, 2008; such Lease Agreement to be approved as to form by the City Attorney. 2. Except as provided above, the remainder of the terms III the Lease Agreement shall remain in full force and effect. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST, I .' .... fJ+, ,il~' ,Ii ~. R~~ u fl. 'rv\~ City Clerk ' I c: CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov June 16, 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 Subject: Third Amendment to Deed of Lease of City Owned Property at 515 and 530 8th Street, SW Background: The City of Roanoke and the Commonwealth of Virginia, by the Virginia Department of Health (VDH), entered into a Lease Agreement dated June 5, 2001, granting the Virginia Department of Health permission to lease City owned office space located at 515 and 530 8th Street, SW, in the City of Roanoke. The term of this Lease Agreement began July 1, 2001, and terminated June 30, 2004. The VDH and the City of Roanoke amended this lease to extend the term by additional periods of one month each until June 30, 2008. VDH desires to continue leasing the space for additional one month periods, not to exceed twelve months, since the build out of their new space at the Civic Mall on Williamson Road has not been completed. The VDH will continue to pay rent on a monthly basis in the amount of $12,983.33. Recommended Action: Authorize the City Manager to execute the appropriate documents, approved as to form by the City Attorney, to amend the Lease Agreement dated June 5, 2001, to lease City owned space located at 515 and 530 8th Street, SW, to the Commonwealth of Virginia for use by the Virginia Honorable Mayor and Members of City Council June 16, 2008 Page 2 Department of Health. The proposed Amendment shall be in accordance with the provisions outlined in the Third Amendment to Deed of Lease, a copy of which is attached. Respectfully submitted, Darlene L. Bu City Manager DLB/c1t 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 Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00090 DOS Lease Amendment Form June 10,2004 Lease #601-L-0425 THIRD AMENDMENT TO DEED OF LEASE This Third Amendment to Deed of Lease (the "Amendment"), dated , 20_, is made part of the Deed of Lease dated June 5,2001, First Amendment dated February 23,2007, and Second Amendment dated August 20,2007 (the "Lease") by and between the CITY OF ROANOKE, as Lessor, and the COMMONWEALTH OFVlRGINIA, VlRGINIADEPARTMENT OF HEALTH, as Lessee. WITNESSETH WHEREAS, by the terms of the Lease, Lessor leased to Lessee those certain parcels of land situated in the City of Roanoke, Virginia 24016, known as 515 and 530 Eight Street, SW, together with the buildings thereon known as the "Health Center Building" and the "Health Center Annex" containing 20,000 square feet including use of the public parking lot for an initial term of four (4) years commencing July 1, 2001 and expiring June 30, 2004; and continued on a month-to-month basis thereafter; and WHEREAS, the First Amendment provided for an extended lease term with additional periods of one month each until June 30, 2007; WHEREAS, the Second Amendment provides for an extended lease term with additional periods of one month each until June 30,2008; WHEREAS, the parties hereto desire to amend the Lease as hereinafter set forth. NOW THEREFORE, in consideration of the covenants stated herein, it is hereby agreed by the parties that the Lease be amended as follows: 1. Lease term shall be extended for additional periods of one-month each until June 30,2009, which shall not exceed twelve (12) months from June 30,2008. For such extension period, Rent shall be paid in monthly installments of Twelve Thousand Nine Hundred Eighty-Three and 33/100 Dollars ($12,983.33). 2. Except as amended herein, the provisions of the Lease shall remain in full force and effect. 3. This Amendment shall not be effective or binding unless and until signed by both parties and approved by the Governor of Virginia pursuant to Section ~2.2-1149 of the Code of Virginia (1950), as amended. DOS Lease Amendment Form June 10, 2004 Lease #601-L-0425 In WITNESS WHEREOF, the parties have affixed their signatures and seals. LESSOR: CITY OF ROANOKE By: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing Amendment was acknowledged before me this 20_ by acting in his/her capacity as for the City of Roanoke on behalf of the city. day of My commission expires Notary Public Registration No. LESSEE: COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF HEALTH By: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing Amendment was acknowledged before me this day of _, 20_ by acting in his/her capacity as of the Commonwealth of Virginia, Virginia Department of Health, on behalf of the agency. My commission expires Notary Public Registration No. DOS Lease Amendment Form June 10, 2004 Lease #601-L-0425 RECOMMEND APPROVAL: DEPARTMENT OF GENERAL SERVICES and its Division of Engineering and Buildings By: Director APPROVED BY THE GOVERNOR Pursuant to Section ~2.2-1149 of the Code of Virginia (1950), as amended, and by the authority delegated to me under Executive Order 88(01), dated December 21, 2001, I hereby approve this Amendment to Deed of Lease and the execution of this instrument for and on behalf of the Governor of Virginia. Date Secretary of Administration 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 June 18, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38134-061608 appropriating funds from the Commonwealth and local revenues to the Department of Social Services and Comprehensive Services Act, and amending and reordaining certain sections of the 2007-2008 General and Grant Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney 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 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38134-061608.' AN ORDINANCE to appropriate funding from the Commonwealth and from local revenues to the Department of Social Services and Comprehensive Services Act, amending and reordaining certain sections of the 2007-2008 General 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 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: General Fund Appropriations Transfer to Grant Fund Temporary Wages Advertising Administrative Supplies Maintenance -Equipment Postage Burial Expenses Temporary Wages Temporary Wages Temporary Wages Telephone Electric Natural Gas City Dumpster Temporary Wages Fees for Professional Services Electric Equipment Training and Development Maintenance -Equipment Other Rental Temporary Wages Fees for Professional Services Administrative Supplies Equipment Training and Development Program Activities Business Meals and Travel 01-250-9310-9535 01-630-1270-1004 01-630-1270-2015 01-630-1270-2030 01-630-1270-2048 01-630-1270-2160 01-630-1270-2301 01-630-3330-1004 01-630-3350-1 004 01-630-3360-1 004 01-630-3360-2020 01-630-3360-2022 01-630-3360-2024 01-630-3360-2259 01-630-5311-1 004 01-630-5311-2010 01-630-5311-2022 01-630-5311-2035 01-630-5311-2044 01-630-5311-2048 01-630-5311-3075 01-630-5313-1 004 . 01-630-5313-2010 01-630-5313-2030 01-630-5313-2035 01-630-5313-2044 01-630-5313-2066 01-630-5313-2144 $ (10,748) (2,300) (150) (500) (200) (500) (10,000) (3,500) (700) (2,000) (1,500) (700) (300) (500) (3,400) (2,720) (8,160) (14,960) (10,200) (680) (17,000) (13,905) (2,575) (2,060) (3,605) (5,150) (1,236) (1,030) Postage Auxiliary General Relief Equipment Motor Fuel and Lube Publications Training and Development Vehicle Accident A.D.C. - Foster Care 100% Emergency Relief Subsidized Adoption IV-E Day Care Services Fees for Professional Services Administrative Supplies Equipment Training and Development, Program Activities Business Meals Foster Care Covered by IV-E Fees for Professional Services Training and Development Business Meals Virginia Cooperative Center / Revenues Foster Care Day Care Cost Allocation Plan CSA-State School CSA Grant Fund Appropriations Temporary Wages FICA Revenues Local Match 01-630-5313-2160 01-630-5313-3120 01-630-5313-3125 01-630-5314-2035 01-630-5314-2038 01-630-5314-2040 01-630-5314-2044 01-630-5314-2212 01-630-5314-3115 01-630-5314-3145 01-630-5314-3155 01-630-5314-3159 01-630-5316-2010 01-630-5316-2030 01-630-5316-2035 01-630-5316-2044 01-630-5316-2066 01-630-5316-2144 01-630-541 0-3180 01-630-5411-2010 01-630-5411-2044 01-630-5411-2144 01-630-8210-3700 (1,545) (11,000) (41,250) (19,435) (1,690) (58) (8,450) (5,070) 151,286 (19,000) 40,000 105,000 (13,520) (5,915) (5,915) (423) (2,113) (423) 1,200,000 (500) (10,000) (2,000) (20,000) 01-110-1234-0675 01-110-1234-0686 01-110-1234-0690 01-110-1234-0692 01-110-1234-1376 191,286 96,500 64,530 831,360 24,024 35-630-5054-1 004 35-630-5054-1120 (9,984) (764) 35-630-5054-5060 (10,748) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ! J' . ',\ '." ATTEST: , ! , " ~10.~ 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 June 16, 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: Additional Funding for the Department of Social Services and Comprehensive Services Act Background: The Department of Social Services has experienced an increase in demand for the following services over the past year: Foster Care, Subsidized Adoption and Day Care Services. The AFDC Foster Care and Subsidized Adoption programs provide financial assistance to foster and adoptive parents on behalf of their children. The Day Care program provides assistance to people with day care services so that they can stay employed. The services provided by these programs include therapeutic treatments, medical services, speech and physical therapy, equipment purchases, day care for children with special needs and regular day care. Foster Care, Subsidized Adoption and Day Care programs are sum sufficient programs. The Day Care program requires a local match. The Comprehensive Services Act (CSA), which was established in 1993, provides out-of-home services to troubled and at-risk youth and their families through a collaborative system of state and local agencies, parents, and private sector providers. These services include mandated foster care, certain special education services, and foster care prevention. CSA also provides services to certain targeted non-mandated populations. Considerations: The Department of Social Services expenditures are projected at $9,036,071 for the following programs: Foster Care, Subsidized Adoption and Day Care. Based on Honorable Mayor and Members of City Council June 16, 2008 Page 2 this projection expenditures will exceed the current FY 2008 appropriation of $8,739,785 by $296,286. The Day Care program is a mandated program that requires a local match of $8,500. The remaining $287,786 will be reimbursed by the Commonwealth of Virginia. The number of families requiring assistance and the cost of providing these services continues to increase. CSA expenditures are projected at $15,497,423 for FY 2008. Based on this projection, expenditures will exceed the current CSA FY 2008 appropriation of $14,297,423 by $1,200,000 and will require additional local funds in the amount of $368,640. The funding anticipated from the Commonwealth for CSA is $831,360. CSA is mandated to provide sum-sufficient funding for children in or at risk of foster care and children in special education. The CSA program serves almost 600 families per year. The increase in costs is attributed to: increase in children served, increase in rates for services and decreased Medicaid funding for some services. Recommended Action: Adopt the accompanying budget ordinance and take the following actions: Increase the revenue estimate from the Commonwealth of Virginia in the amount of $1,119,146 for Social Services programs and the Comprehensive Services Act program. Increase the revenue estimate for the School Share of CSA in the amount of $24,024 and for the Cost Allocation Plan in the amount of $64,530 to cover a portion of the local share. The remaining $288,586 in local funds will be transferred fro various accounts in the Human/Social Service budget at detailed in the attachment. Appropriate funding in the amount of $1,496,286 for Social Services programs and the Comprehensive Services Act as detailed in Attachment A. Respectfully submitted, Darlene L. B rcham 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 CM08-00099 Attachment A: Appropriate funding in the amount of $1 ,496,286 to the following accounts: 01-630-5314-3115 (A.D.C. - Foster Care) 01-630-5314-3155 (Subsidized Adoption IV-E) 01-630-5314-3159 (Day Care Services) 01-630-5410-3180 (Foster Care Covered by IV-E) 151,286 40,000 105,000 1,200,000 Transfer funding in the amount of $288,586 from the following accounts: 01-630-1270-1004 (Temporary Wages) 01-630-1270-2301 (Burial Expenses) 01-630-1270-2015 (Advertising) 01-630-1270-2048 (Maintenance -Equip) 01-630-1270-2160 (Postage) 01-630-1270-2030 (Admin Supplies) 01-630-5311-1004 (Temporary Wages) 01-630-5311-2010 (Fees for Prof Services) 01-630-5311-2022 (Electric) 01-630-5311-2035 (Equipment) 01-630-5311-2044 (Training & Development) 01-630-5311-2048 (Maintenance -Equip) 01-630-5311-3075 (Other Rental) 01-630-5313-1004 (Temporary Wages) 01-630-5313-2010 (Fees for Prof Services) 01-630-5313-2030 (Admin Supplies) 01-630-5313-2035 ( Equipment) 01-630-5313-2044 (Train & Dev) 01-630-5313-2066 ( Program Activities) 01-630-5313-2144 (Bus. Meals & Travel) 01-630-5313-2160 (Postage) 01-630-5313-3120 (Auxiliary) 01-630-5313-3125 (General Relief) 01-630-5314-2035 (Equipment) 01-630-5314-2038 (Motor Fuel & Lube) 01-630-5314-2040 (Publications) 01-630-5314-2044 (Training & Develop) 01-630-5314-2212 (Vehicle Accident) 01-630-5314-3145 (100% Emergency Relief) 01-630-5316-2010 (Fees for Prof Services) 01-630-5316-2030 (Admin Supplies) 01-630-5316-2035 (Equipment) 01-630-5316-2044 (Training & Develop) 01-630-5316-2066 (Program Activities) 01-630-5316-2144 (Business Meals) 01-630-5411-2044 (Training & Develop) 01-630-5411-2010 (Fees for Prof Services) 2,300 10,000 150 200 500 500 3,400 2,720 8,160 14,960 10,200 680 17,000 13,905 2,575 2,060 3,605 5,150 1,236 1,030 1,545 11,000 41,250 19,435 1,690 58 8,450 5,070 19,000 13,520 5,915 5,915 423 2,113 423 10,000 500 01-630-5411-2144 (Business Meals) 01-630-3330-1004 (Temporary Wages) 01-630-3350-1004 (Temporary Wages) 01-630-3360-1004 (Temporary Wages) 01-630-3360-2020 (Telephone) 01-630-3360-2022 (Electric) 01-630-3360-2024 (Natural Gas) 01-630-3360-2259 (City Dumpster) 01-630-8210-3700 (Virginia Cooperative Center) 35-630-5054-1004 (Temporary Wages) 35-630-5054-1120 (FICA) 2,000 3,500 700 2,000 1,500 700 300 500 20,000 9,984 764 Increase General Fund Revenue estimate by $1,207,700 in the following accounts: 01-110-1234-0675 (Foster Care) 01-110-1234-0686 (Day Care) 01-110-1234-0692 (CSA-State) 01-110-1234-1376 (School CSA) 01-110-1234-0690 (Cost Allocation Plan) 191,286 96,500 831,360 24,024 64,530 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 June 18, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38136-061608 appropriating funds for the Community Development Block' Grant, HOME" Investment Partnerships Program and Emergency Shelter Grant Program, and amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, ~M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget W. Daniel Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader \L.1' The 16th day of June, 2008. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No. 38136-061608. AN ORDINANCE to appropriate funding for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Mortgage Assistance Program (Project Funds) Unprogrammed Funds 04-05 Unprogrammed Funds 05-06 Affordable Home Rehab (Project Funds) Hurt Park Habitat Homeownership (Project Funds) Affordable Home Rehab (Project Funds) Mortgage Assistance Program (Project Funds) Unprogrammed Funds 07-08 Affordable Home Rehab (Project Funds) Hurt Park TAP Homeownership (Project Funds) Unprogrammed Funds 08-09 CHDO Reserve (Project Funds) CHDO Reserve (Operating Funds) Homeownership Reserve (Project Funds) Rehabilitation Reserve (Project Funds) Fair Housing Testing (Administrative Funds) Hurt Park TAP Homeownership (Admin Funds) Hurt Park TAP Homeownership (Project Funds) Hurt Park Habitat Homeownership (Project Funds) ESG - YWCA ESG - TRUST ESG - TAP Transitional Living Center ESG - Roanoke Valley Interfaith Hospitality Network Hotel Roanoke 108 Unprogrammed CDBG Carryover 35-090-5312-5399 35-090-5312-5482 35-090-5313-5482 35-090-5313-5523 35-090-5313-5532 35-090-5364-5523 35-090-5366-5399 35-090-5366-5482 35-090-5366-5523 35-090-5366-5530 35-090-5368-5482 35-090-5368-5524 35-090-5368-5525 35-090-5368-5526 35-090-5368-5527 35-090-5368-5528 35-090-5368-5529 35-090-5368-5530 35-090-5368-5532 35-E09-5179-5250 35-E09-5179-5251 35-E09-5179-5253 35-E09-5179-5254 35-G02-0230-5135 35-G02-0240-5184 $ 58,666 (58,666) (176,580) 83,121 93,459 377 24,274 (9,667) 6,502 140,464 42,506 102,658 10,266 75,000 95,716 15,000 50,000 304,536 13,704 20,800 20,010 23,000 18,000 356 (356) Hotel Roanoke 108 Unprogrammed CDBG Carryover Hotel Roanoke 108 Unprogrammed CDBG Carryover Hotel Roanoke 108 Unprogrammed CDBG Carryover Hotel Roanoke 108 Unprogrammed CDBG Carryover Hotel Roanoke 108 Unprogrammed CDBG Carryover Unprogrammed CDBG Section 108 Loan Hotel Roanoke 108 Unprogrammed CDBG Section 108 Loan Empowering Individuals with Disabilities Demolition Mortgage Assistance Program (Project Funds) Park Street Square/RRHA Project Emergency Home Repair - TAP - Project Emergency Home Repair - TAP - Delivery World Changers 2009 Old Southwest - Spruce Up Your Home Acquisition Reserve Affordable Home Rehab Program Hurt Park TAP Homeownership (Project) Hurt Park TAP Homeownership (Delivery) Hurt Park TAP Rehab (Project) Hurt Park TAP Rehab (Delivery) Hurt Park Habitat Rehab (Project) Hurt Park TAP Rebuilding Rehab (Project) Hurt Park TAP Rebuilding Rehab (Delivery) Historic Review Services 10 Year Plan to Eliminate Homelessness Hotel Roanoke 108 Harrison Museum Goodwill Job Campus Loudon/Melrose - NDG Edgewood/Morwanda - NDG Hurt Park - NDG Melrose/Rugby Neighborhood Forum - NDG Fairfield Civic - NDG Targeted Infrastructure Norwich - NDG Southeast Action Forum - NDG Wildwood Civic League - NDG 35-G03-0330-5135 35-G03-0340-5184 35-G04-0430-5135 35-G04-0440-5184 35-G05-0530-5135 35-G05-0540-5184 35-G06-0630-5135 35-G06;.0640-5184 35-G07 -0730-5135 35-G07 -07 40-5184 35-G07 -07 40-5188 35-G08-0830-5135 35-G08-0840-5188 35-G09-0920-5057 35-G09-0920-5108 35-G09-0920-5399 35-G09-0920-5428 35-G09-0920-5470 35-G09-0920-5483 35-G09-0920-5486 35-G09-0920-5521 35-G09-0920-5522 35-G09-0920-5523 35-G09-0920-5530 35-G09-0920-5531 35-G09-0920-5534 35-G09-0920-5535 35-G09-0920-5536 35-G09-0920-5538 35-G09-0920-5539 35-G09-0921-5403 35-G09-0921-5473 35-G09-0930-5135 35-G09-0930-5518 35-G09-0930-5520 35-G09-0937 -5245 35-G09-0937 -5355 35-G09-0937 -5371 35-G09-0937 -5410 35-G09-0937 -5440 35-G09-0937 -5442 35-G09-0937 -5514 35-G09-0937 -5515 35-G09-0937 -5516 375 (375) 7,172 (7,172) 4,689 (4,689) 37 (37) 59,388 (32,821 ) (260) 78,307 5,812 58,000 135,000 10,000 10,000 70,000 30,000 80,000 30,000 467,838 10,000 30,000 60,700 40,531 121.,592 20,000 5,600 54,400 10,000 12,155 321,601 100,000 50,000 900 900 2,400 2,149 900 175,000 4,308 1,500 900 Fleming Court Neighborhood Watch - NDG Old Southwest Victorian Street Light Project Apple Ridge Farms West End Center Belmont Community Health Care Center CRC - Restorative Justice Pathfinders - pce Wrap-Around Roanoke - FSRV SWV A Second Harvest Kid's Cafe Court Advocacy Services - CASA Saint John's CYP BISSWV A Case Management Saint John's CYP Revenues HOME Program Income 06-07 HOME Program Income 07-08 HOME Entitlement 08-09 HOME Program Income 08-09 ESG Entitlement 08-09 Home Ownership Rental Rehab Hotel Roanoke Section 108 Repayment CDBG Entitlement Other Program Income - RRHA Lease Payment - Cooper Industries Sands Woody Loan Repayment T AP-SRO Loan Repayments Home Ownership Assistance Hotel Roanoke Section 108 Repayment Rental Rehab Repayment 35-G09-0937 -5517 35-G09-0937 -5519 35-G09-0938-5084 35-G09-0938-5160 35~G09-0938-54 74 35-G09-0938-5478 35-G09-0938-5488 35-G09-0938-5491 '35-G09-0938-5503 35-G09-0938-5504 35-G09-0938-5506 35-G09-0938-5508 35-G09-0938-5509 35-090-5364-5365 35-090-5366-5367 35-090-5368-5368 35-090-5368-5369 35-E09-5179-5179 35-G07 -0700-2722 35-G07 -0700-27 40 35-G08-0800-2834 35-G09-0900-290 1 35-G09-0900-2903 35-G09-0900-2906 35-G09-0900-2917 35-G09-0900-2920 35-G09-0900-2922 35-G09-0900-2934 35-G09-0900-2940 379 38,588 38,443 40,000 11,654 3'0,296 22,579 27,403 9,512 12,705 12,662 30,000 90,000 377 161,573 684,386 25,000 81,810 25,650 657 84,119 1,844,422 5,000 13,333 6,722 5,618 5,000 400,000 500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. J ATTEST: \ "/ . . . l-I- . J . if'",i.,' i n~ .i....y\A""'_ \ ;5~~a't..\:".~ 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 STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38135-061608 accepting the Fiscal Year 2008-2009 funds for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008. Sincerely, ~M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget W. Daniel Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader 4i~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38135-061608. A RESOLUTION accepting the Fiscal Year 2008-2009 funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant Program (ESG), and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2008-2009 funds for the Community Deyelopment Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Programs are hereby ACCEPTED, upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with the United States Department of Housing and Urban Development (RUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the report to this Council dated June 16,2008. ATTEST: ~~'m.'vv. O~ , City Clerk. ," ~ --'. .. :\ \ ,'- R-CDBG-2008-2009 funds.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 June 16, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Acceptance and Appropriation of 2008-2009 Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant (ESG) Program Funds Background: CDBG, HOME and ESG funds, received from the U. S. Department of Housing and Urban Development (HUD) provide for a variety of activities ranging from housing and community development to homelessness prevention and economic development. The City has received these entitlement grant funds for over thirty years and must reapply annually to HUD to receive such funding. On May 12, 2008, by Resolution No. 38083- 051208, City Council authorized filing the three separate funding applications as part of approving the submission of the 2008-2009 Annual Update to the 2005-2010 Consolidated Plan to HUD. Considerations: The funding release process is underway, and HUD's letter of approval is forthcoming, granting the City access to its 2008-2009 CDBG, HOME and ESG entitlements. The 2008-2009 Annual Update approved by City Council included activities totaling $3,678,472. The funding for these activities included $3,586,472 in new entitlement funds, anticipated program income, and funds unexpended from prior year accounts plus a General Fund appropriation of $92,000, which satisfies the 2008-2009 HOME entitlement requirement of a local match. Honorable Mayor and Members of City Council June 16, 2008 Page 2 The actions recommended in this report also include approp~iation of an additional $42,506 of HOME funds and an additional $5,811 of CDBG funds into unprogrammed accounts for use in future activities and will be incorporated into the Consolidated Plan at a later date through a revision or amendment. Acceptance of the funds and appropriation or transfer to the accounts indicated in Attachments 1, 2 and 3 are needed to permit the 2008-2009 activities to proceed. Recommended Actions: 1. Adopt a resolution accepting the 2008-2009 CDBG, HOME and ESG entitlement funds as detailed below, contingent upon receipt ofthe approval letter from HUD; CDBG 2008-09 Entitlement HOME 2008-09 Entitlement ESG 2008-09 Entitlement TOTAL $1,844,422 684,386 81.810 $2,610,618 2. Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other documents required by HUD in order to accept the funds, all of such documents to be approved as to form by the City Attorney; 3. Appropriate $2,610,618 entitlement and $461,173 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachments 1, 2, and 3; 4. Transfer $290,623 in CDBG and HOME accounts from prior years to projects included in the 2008-2009 CDBG and HOME programs, as detailed in Attachments 1 and 2; 5. Increase the revenue estimate in CDBG revenue accounts by a total of $110,425 and appropriate the funds into project expenditure accounts as detailed in Attachment 1; and 6. Increase the revenue estimate in HOME revenue accounts by a total of $161,950 and appropriate the funds into project expenditure accounts as detailed in Attachment 2. Respectfully submitted, Darlene l. Burc City Manager Honorable Mayor and Members of City Council June 16, 2008 Page 3 DLB:mtm Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Dan Webb, Acting Director of Neighborhood Services Frank E. Baratta, Budget Team Leader CM08-00082 Attachment 1 ITEMIZED EXPENDITURES FOR CDBG FICSCAL YEAR 2008-2009 Account No. Item Description Amount EXPENDITURES Housing 35-G09-0920- 5057 Empowering Individuals with Disabilities $58,000 5108 Demolition $135,000 5399 Mortgage Assistance Program $10,000 5428 Park Street Square / RRHA - Project $10,000 5470 Emergency Home Repair - TAP - Project $70,000 5483 Emergency Home Repair - TAP - Delivery $30,000 5486 World Changers 2009 $80,000 5521 OSW Spruce-Up Your Historic Home $30,000 5522 Acquisition Reserve $467,838 5523 Affordable Home Rehab Program $10,000 5530 TAP - HP Homeownership Project $30,000 5531 TAP - HP Homeownership Delivery $60,700 5534 TAP - HP Rehab Project $40,531 5535 TAP - HP Rehab Delivery $121,592 5536 Habitat - HP Rehab Project $20,000 5538 Rebuilding - HP Rehab Project $5,600 5539 Rebuilding - HP Rehab Delivery $54,400 Subtotal - Housing $1,233,661 Planning I Admin 35-G09-0921- 5403 Historic Review Services $10,000 5473 Ten Year Plan to Eliminate Homelessness $12,155 Subtotal - Planning/Admin $22,155 Economic Development Projects 35-G09-0930- 5135 Hotel Roanoke 108 (Total Payment $471,925) $321,601 5520 Goodwill Job Campus $50,000 5518 Harrison Museum $100,000 Subtotal - Economic Development $471,601 Account No. Item Description Amount Neighborhood Projects 35-G09-0937 - 5245 Loudon/Melrose - NDG $900 5355 Edgewood/Morwanda - NDG $900 5371 Hurt Park - NDG $2,400 5410 Melrose/Rugby Neighborhood Forum - NDG $2,149 5440 Fairland Civic - NDG $900 5442 Targeted Infrastructure $175,000 5517 Fleming Court Neighborhood Watch - NDG $379 5514 Norwich - NDG $4,308 5515 Southeast Action Forum - NDG $1,500 5516 Wildwood Civic League - NDG $900 5519 OSW Victorian Street Light Project $38,588 Subtotal - Neighborhood $227,924 Human Development Programs 35-G09-0938- 5084 Apple Ridge Farms $38,443 5160 West End Center $40,000 5474 Belmont Community Health Care Center $11,654 5478 CRC - Restorative Justice $30,296 5488 Pathfinders - PCC $22,579 5491 Wrap-Around Roanoke - FSRV ' $27,403 5503 Kids' Cafe - SWV Second Harvest Food Bank $9,512 5504 Expansion of Court Advocacy Services - CASA $12,705 5506 St. John's CYP $12,662 5508 BISSWVA-Case Management $30,000 5509 CSA - Program Services $90,000 Subtotal- Human Development $325,254 TOTAL EXPENDITURES $2,280,595 REVENUE 35-G09-0900- 2901 CDBG Entitlement $1,844,422 2903 Other progam Income - RRHA $5,000 2906 Cooper Industries (UDAG) $13,333 2917 Sands Woody Loan Repayment $6,722 2920 SRO Loan to TAP $5,618 2922 Homeownership Assistance $5,000 2934 Hotel Roanoke Loan Repayment $400,000 2940 Rental Rehab Repay $500 TOTAL REVENUE $2,280,595 Account No. Item Description Amount CDBG ACCOUNT TRANSFERS INCREASE 35-G02-0230-5135 Hotel Roanoke 108 $356 35-G03-0330-5135 Hotel Roanoke 108 $375 35-G04-0430-5135 Hotel Roanoke 108 $7,172 35-G05-0530-5135 Hotel Roanoke 108 $4,689 35-G06-0630-5135 Hotel Roanoke 108 $37 35-G07 -0730-5135 Hotel Roanoke 108 $33,081 Total Increase $45,710 DECREASE 35-G02-0240-5184 Unprogrammed CDBG - Carryover $356 35-G03-0340-5184 Unprogrammed CDBG - Carryover $375 35-G04-0440-5184 Unprogrammed CDBG - Carryover $7,172 35-G05-0540-5184 Unprogrammed CDBG - Carryover $4,689 35-G06-0640-5184 Unprogrammed CDBG - Carryover $37 35-G07 -07 40-5184 Unprogrammed CDBG -Carryover $32,821 35-G07 -0740-5188 Unprogrammed CDBG -Section 108 Loan $260 Total Decrease $45,710 , INCREASE REVENUE ESTIMATE 35-G07 -0700-2722 Home Ownership $25,650 35-G07 -0700-27 40 Rental Rehab $657 35-G08-0800-2834 108 Repay $84,118 $110,425 APPROPRIATE TO 35-G07 -0730-5135 Hotel Roanoke 108 $26,307 35-G08-0830-5135 Hotel Roanoke 108 $78,307 35-G08-0840-5188 Unprogrammed CDBG - Section 108 Loan $5,811 $110,425 L:/DMB/HUD/08-09 Annual Update/Appropriations Report/08_09 CDBG Approp Attachment 2 ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2008-2009 Account No. Item Description Amount EXPENDITURES 35-090-5368-5524 CHDO Project Funds Reserve $102,658 35-090-5368-5525 CHDO Operating Funds Reserve $10,266 35-090-5368-5528 Fair Housing Testing (Administrative Funds) $15,000 35-090-5368-5532 Habitat Hurt Park Homeownership (Project Funds) $13,704 35-090-5368-5530 TAP Hurt Park Homeownership (Project Funds) $304,536 35-090-5368-5529 TAP Hurt Park Homeownership (Administrative Funds) $50,000 35-090-5368-5526 Homeownership Reserve (Project Funds) $75,000 35-090-5368-5527 Rehabilitation Reserve (Project Funds) $95,716 35-090-5368-5482 Unprogrammed (Project Funds) $42,506 TOTAL EXPENDITURES $709,386 REVENUE 35-090-5368-5368 HOME Entitlement - FY09 $684,386 35-090-5368-5369 HOME Program Income FY09 $25,000 TOTAL REVENUE $709,386 HOME ACCOUNT TRANSFERS INCREASE 35-090-5312-5399 Mortgage Assistance Program (Project Funds) $58,666 35-090-5313-5532 Habitat Hurt Park Homeownership (Project Funds) $93,459 35-090-5313-5523 Affordable Home Rehab Program (Project Funds) $83,121 35-090-5366-5530 TAP Hurt Park Homeownership (Project Funds) $9,667 Total Transfer Increase $244,913 DECREASE 35-090-5312-5482 Unprogrammed Funds $58,666 35-090-5313-5482 Unprogrammed Funds $176,580 35-090-5366-5482 Unprogrammed Funds $9,667 Total Transfer Decrease $244,913 INCREASE REVENUE ESTIMATE 35-090-5364-5365 HOME Program Income - FY07 $377 35-090-5366-5367 HOME Program Income - FY08 $161,573 Total Revenue Increase $161,950 APPROPRIATE TO: 35-090-5364-5523 Affordable Home Rehab Program Project Funds) $377 35-090-5366-5523 Affordable Home Rehab Program Project Funds) $6,502 35-090-5366-5399 Mortgage Assistance Program (Project Funds) $24,274 35-090-5366-5530 TAP Hurt Park Homeownership (Project Funds) $130,797 Total Appropriation $161,950 . $92,000 in local HOME match funds will be provided to City Mortgage Assistance Program ($54,000) and RRHA Park Street Square Project ($38,000). Attachment 3 ITEMIZED EXPENDITURES FOR EMERGENCY SHELTER GRANT (ESG) FISCAL YEAR 2008-2009 Account No. Item Description Amount Expenditures 35- E09-5179 5250 YWCA $20,800 5251 TRUST House $20,010 5253 T APlTransitional Living Center $23,000 5254 Roanoke Valley Interfaith Hospitality Network $18,000 TOTAL EXPENDITURES $81,810 Revenue 35-E09-5179-5179 ESG Entitlement $81,810 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: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 I am attaching copy of Ordinance No. 38137-061608 amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Section 2- 314, Loans or qrants for purchase or rehabilitation of certain residences, to a new Article XV, Housinq Loans and Grants, to Chapter 2, Administration, effective July 1 , 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect on July 1 , 2008. SMM:ew Attachment Sincerely, - Ii? h[~W Stephanie M. Moon, CMC City Clerk Darlene L. Burcham June 18, 2008 Page 2 pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 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 R. Brian Townsend, Assistant City Manager for Community Development Thomas' N. Carr, Director of Planning Building and Development W. Daniel Webb, Acting Director of Neighborhood Services Sheila N. Hartman, CMC, Deputy City Clerk Cecelia R. Tyree, Assistant Deputy City Clerk g;; ~~t \0\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38137-061608. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Section 2-314, Loans or grants for purchase or rehabilitation of certain residences, to a new Article XV, Housing Loans and Grants, to Chapter 2, Administration; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the City Council of the City of Roanoke ("City Council") declares that the preservation of existing housing in a safe and sanitary condition and the production of new housing for persons of moderate income are public purposes; WHEREAS, City Council declares that such preservation and production are governmental functions; and WHEREAS, City Council finds that making grants and loans to owners of residential property for the purpose of rehabilitating owner-occupied residences, or assisting in the purchase of an owner-occupied residence, in designated conservation or rehabilitation districts, IS an appropriate and necessary means to perform such governmental functions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new Section 2-314, Loans or grants for purchase or rehabilitation of certain residences, to a new Article XV, Housing Loans and Grants, to Chapter 2, Administration. to read and provide as follows: ARTICLE xv. HOUSING LOANS AND GRANTS ~2-314 Loans or grants for lJurchase or rehabilitation of certain residences. (a) To the extent that such funds have been appropriated, the City Manager is authorized to make loans or grants of City funds to individuals for the purpose of rehabilitating owner-occupied residences, or assisting in the purchase of owner-occupied residences, that are located in an area that has been designated as a conservation or rehabilitation district. (b) The City Manager shall publish in January of each year a report listing the property or properties purchased or rehabilitated, if any, pursuant to this section, and the amounts of any grants or loans made for such purpose, for the preceding calendar year. (c) Any loans or grants made pursuant to this section shall be made to persons who meet the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan , program financed with bonds on which the interest is exempt from federal income taxation. (d) Financial institutions as defined in Section 6.1-125.1 of the Code of Virginia (1950), as amended, shall be offered the opportunity to participate in any loan program established pursuant to this section. (e) The City Manager is authorized to promulgate regulations not inconsistent with this section or the Code of Virginia (1950), as amended, in order to implement this section. O-Adding new section to Chapter 2-administration.doc 2 2. This ordinance shall be effective on July 1,2008. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: " ~'i-h10(}yv , \.. " ! O-Adding new section to Chapter 2-administration.doc 3 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 June 16, 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: Amendment to City Code Adding a New Section 2-314, "Loans or Grants for Purchase or Rehabilitation of Certain Residences," to a new Article XV, Housing Loans and Grants, to Chapter 2, Administration Background: On March 12, 2008, the Code of Virginia (1950), as amended, was amended, effective July 1, 2008, to authorize local governments to make loans or grants to moderate income families of local funds for the purpose of rehabilitating owner-occupied residences or assisting in the purchase of an owner-occupied residence in designated conservation or rehabilitation districts. The City of Roanoke spearheaded this legislative change, and an amendment to the City Code is necessary to allow the use of previously appropriated funds. $300,000 and $175,000 respectively in local funding was appropriated in continuing accounts in FY 2007 for housing rehabilitation and down payment assistance. Considerations: The City of Roanoke's Strategic Housing Plan established a goal for the City to be a catalyst in promoting homeownership and housing rehabilitation to revitalize neighborhoods, increase homeownership and attract more middle income residents. The City's comprehensive plan, Vision 2001-2020, also states that Roanoke's housing plans should promote housing choice, social and Honorable Mayor and Members of City Council June 16, 2008 Page 2 economic diversity and sustainability (NH A22). Adoption of this ordinance will allow the implementation of a market rate mortgage assistance program (MAP) and a market rate energy efficient housing rehabilitation program using the income guidelines issued by the Virginia Housing Development Authority. These income limits are higher than those applied to similar programs that utilize federal funds, such as Community Development Block Grants. The basic features of the moderate income housing programs to be implemented through this authority are summarized on the attachment to this memorandum. Both programs require private lender participation and screening of applicants. A unique feature of the rehabilitation program is the requirement that the home qualify for an energy efficient mortgage as a result of the assistance, ensuring the program will be consistent with the City's sustainability goals. Energy Efficient Mortgages are a type of FHA-insured home financing that requires an energy evaluation rating report that recommends cost-effective measures to improve the home's energy performance and estimates the savings that will result from making the improvements. The improvements are then incorporat~d into the repair project, which helps the homeowner save money on utility bills and reduces the City's carbon footprint. Recommendation: City Council adopt an ordinance to be effective July 1, 2008, adding a new Section 2-314, "Loans or Grants for Purchase or Rehabilitation of Certain Residences," to a new Article XV, Housing Loans and Grants, to Chapter 2, Administration, Code of the City of Roanoke (1979), as amended. The ordinance authorizes the City Manager to promulgate regulations to implement this section. Respectfully submitted, Darlene L. Bu cham City Manager DLB:tnc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Dan Webb, Acting Director of Neighborhood Services Tom Carr, Director of Planning, Building and Development CM08-00092 ATTACHMENT Market Rate Mortqaqe Assistance Proqram Summary Eligible Areas: Income Limits: Interest Rate: Repayment: Amount: Buyer Investment: Secured By: Type of Home: Maximum Price: Residency: Buyer's Status: Designated conservation and rehabilitation areas 2 or fewer $63,000 to $73,600; 3 or more $73,000 to $89,000 0% Deferred loan; no monthly payment; forgiven at a rate of 10% of original balance each 12 month period. Outstanding loan balance will be due immediately if the property is rented, leased, sold or transferred by borrower within 10 years. Minimum $1,000, maximum $8,000 Minimum of $1 ,000 toward purchase 2nd or 3rd mortgage Any except mobile home None The home must be the primary residence for the buyer Does not have to be a first time homebuyer; must receive private lender mortgage approval for the purchase Enerqy Efficient Housinq Rehabilitation Proqram Summary Designated conservation and rehabilitation areas 2 or fewer $63,000 to 73,600; 3 or more $73,000 to $89,000 0% Deferred loan; no monthly payment. Loan will be due immediately if the property is rented, leased, sold or transferred by borrower within 20 years. Intended for major rehabilitation. Minimum $5,000, maximum $40,000 up to 40% of total rehabilitation costs. Special Conditions: Requires that the work results in a home that qualifies for an energy efficient mortgage; all work to be performed under a licensed general contractor. Buyer Investment: All private loan application and closing costs. Works in conjunction with a private housing rehabilitation loan 2nd or 3rd mortgage Single Family Dwellings (except mobile homes) None The home must be the primary residence for the buyer Must receive private lender mortgage approval for a , rehabilitation loan under the FHA 203(k) program for the repair and rehabilitation of single family properties. Eligible Areas: Income Limits: Interest Rate: Repayment: Amount: Secured By: Type of Home: Maximum Cost: Residency: Buyer's Status: 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: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: I am attaching copy of Resolution No. 38138-061608 adopting a policy relating to the relocation of certain utilities within the City's rights-of-way. The abovereferenced measure was adopted by the Council of the City of Roanoke at aregular meeting held on Monday, June 16, 2008. Sincerely, $;ttJ.~rn. ~lNV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Mark D. Jamison, PE, PTOE, Manager, Transportation Division Gary E. Tegenkamp, Assistant City Attorney \f'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38138-061608. A RESOLUTION adopting a policy relating to the relocation of certain utilities within the. City's rights-of-way. WHEREAS, City staff has worked with representatives of the Western Virginia Water Authority (WVW A) to try to develop a mutually agreed upon policy outlining who is responsible for the costs of relocating WVW A utilities that are within City's rights-of-way when a project necessitates such relocation; and WHEREAS, City Council has the right and the obligation to manage the City's rights-of-way, and in the Operating Agreement which the City entered into with the WVW A and Roanoke County dated June 30, 2004, in which the WVW A was granted a "license" to use the City's rights-of-way, the City reserved the right reasonably to regulate such use. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby adopts a policy outlining who is responsible for the cost of relocating Western Virginia Water Authority (WVW A) utilities that are within City's rights-of-way, in such form as it is attached to the City Manager's and City Attorney's joint report to Council dated June 16,2008. ATTEST: "",1\ q-r-. },i'/"', Y\A t , 1~~Orl...~ City Clerk. K:\Measures\PoIicy for WVW A relocations in Citys ROW.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 June 16, 2008 The Honorable Mayor and Members of City Council City of Roanoke Roanoke, Virginia 24011 Re: Utility Relocation Policy - City Rights-of-Way Dear Mayor Harris and Members of City Council: For the last year, City staff has worked with representatives of the Western Virginia Water Authority (WVWA) to try to develop a mutually agreed upon policy on the subject of who is responsible for the cost of relocating WVWA utilities that are within City rights-of-way when a project necessitates such relocation. Attached is a copy of the latest draft of a proposed policy (it underwent several revisions to address issues raised by the WVWA, and was prepared with the input of several City departments and outside counsel), dated June 16, 2008. City Council has the right and the obligation to manage the City's rights-of-way, and in the Operating Agreement which the City entered into with the WVWA and Roanoke County dated June 30, 2004, in which the WVWA was granted a "license" to use the City's rights-of-way, the City reserved the right reasonably to regulate such use. The policy that we have been trying to develop would implement this. We believe that a written policy would be beneficial to all, in that it would establish a process for determining who bears the costs of utility relocations, encourage early project coordination of such work, and establish an agreed upon procedure for resolving any disputes. It is important to remember that this proposed policy is only intended to address rights-of-way owned by the City. The definition in the proposed policy is limited to City-owned property that is used for the right-of-way for travel. While it would seem to be in the WVWA's interest to have a broad definition of the term "right-of-way," since the City's "license" extends only to such right-of-way, the WVWA has insisted on a far more narrow definition that would exclude some City rights-of-way. The WVWA also objected to the City not including an annual cap of $100,000 that the City could assess for utility relocations necessitated by the WVWA. Such an arbitrary cap does not seem reasonable, as any given project (including ones proposed by the WVWA) may exceed $100,000 a year. At any event, the WVWA board has directed its staff not to discuss this policy further with the City, so we have been unable to work further on trying to devise a mutually agreed upon statement of policy. The WVWA has rejected offers to mediate this issue previously. Obviously, mediation requires the cooperation of the WVWA. To our knowledge, in the nearly four years that the WVWA has been in existence, the City has only billed the WVWA for one utility line relocation which has not been paid. This was a bill sent July 31, 2007, for $8,013.40 for the relocation of a sanitary sewer line necessitated by a benchcut done in connection with the construction of a greenway as a part of the flood reduction project. Other bills are pending, which is why we have been trying to work cooperatively with the WVWA to develop a policy. We seem to have reached the point where the City needs to act in its best interests, and promulgate a policy that is fair, and along the line of what we have developed. Our objective has been' to keep this policy short and to the point. The VDOT utility relocation policy marlual is 391 pages in length, and full of forms, formulae, and engineering standards - we simply do not believe it is practical for us to develop such a manual. Our recommendation would be for City Council to adopt a policy along the lines of what staff has developed. We strongly believe that we can head off disputes as to who is responsible for utility relocations if the parties will confer and coordinate projects early on. If you have any questions, we would be pleased to respond to them. Sincerely yours, Darlene L. rcham City Manager (J~ ~.~ William M. Hackworth City Attorney WMH/lsc Enclosure c: R. Brian Townsend, Assistant City Manager (w/encl.) Robert K. Bengtson, Director of Public Works (w/encl.) Philip Schirmer, Roanoke City Engineer (w/encl.) Mark Jamison, Manager of Transportation (w/encl.) Gary E. Tegenkamp, Assistant City Attorney (w/encl.) CITY OF ROANOKE POLICY FOR USE OF CITY RIGHTS OF WAY FOR WATER LINES, SANITARY SEWER LINES, AND RELATED EQUIPMENT OR ITEMS EFFECTIVE DATE: June 16,2008 This policy establishes the terms and conditions for the use of the City's rights of way for water lines, sanitary sewer lines, and related equipment or items as provided for by Section 3.7 (c) of the Operating Agreement dated June 30, 2004 (Operating Agreement), among the Western Virginia Water Authority, the City of Roanoke, Virginia, and the County of Roanoke, Virginia. The terms "right of way", "rights of way", and "right of ways" are for the purposes of this policy defined as any areas which are under the ownership, control, or jurisdiction of the City and over which the public has a general privilege to travel or to use for travel, including the entire areas of every way or place of whatever nature within the City's streets, alleys, sidewalks, greenways, and other public ways which are open to, or which are reserved for, such uses. Such areas include not only the traveled portion, but also the entire areas within and without the traveled portion, from boundary line to boundary line, and also related parking, greenway and other public ways which are under the ownership, control, or jurisdiction of the City, and over which the public travels or has a general privilege to travel or to use for travel.. The terms "facility" and "facilities" are hereby defined to include, without limitation, any water line, sanitary sewer line, water meter, water meter box, and all other equipment and items owned, controlled, or used by the Western Virginia Water Authority (the "WVW A"), its employees, agents, contractors, subcontractors, or others on behalf of the, WVW A, for purposes of operating, repairing, maintaining, or otherwise providing services relating to the WVW A's "System" as that term is defined in the Operating Agreement. The use of the City's rights of way by the WVW A is a privilege extended in the form of a license to the WVW A by the City through the Operating Agreement, in which operating Agreement the City reserves the right reasonably to regulate such use. It is the City's intent to avoid conflict wherever possible between the primary use of its right of way for public travel, and its use for utility placements. The following terms and conditions, as well as the above definitions, shall apply to the WVW A's license to use the City's rights of way: Whenever it appears to either the City or to the WVW A that any work or project may necessitate the relocation, adjustment, installation, removal, demolition, maintenance, upgrade, or repair of WVW A facilities within the City's right of way, then such party shall give written notice to the other as soon as possible of such possibility, along with as much information and copies of such preliminary plans as may be available. As soon as possible thereafter, representatives of the City and the WVW A shall meet to discuss the planned work or project, and shall review the preliminary plans to ensure that such work on WVW A facilities is avoided to the extent possible, and that any such work within the City's right of way will minimize the impact on the primary use of the right of way for travel purposes, and to the extent possible avoid adverse impact on other utilities within the right of way. The City and the WVW A shall endeavor to develop coordinated plans for any such work, including projecttimetab1es, and to agree as to the cost of any necessary utility work, and who will be responsible for the cost of performing or contracting for the performance of such work, and for the cost of any betterment to the WVW A's facilities that may be requested. The cost of such work may be borne by the City, the WVW A, a third-party, or some combination of some or all of such parties, as is appropriate. If it is believed that the cost of such work may be paid as a part of specific work or project costs specifically designated for such utility work by the Virginia Department of Transportation, the Federal Highway Administration, or another State or Federal agency, then the City and the WVW A shall work together to seek such funding. If the work or project is a transportation construction maintenance work or project, the general principle on which a determination is made as to who will bear the cost of necessary utility work within City rights- of-way shall be the same as adopted by the Virginia Department of Transportation (VDOT) with respect to VDOT's right of way, which is that "If a utility is located within the existing right of way, the cost to relocate/adjust the utility is to be borne by the utility owner." Manual of Instructions, Right of Way and Utilities Division, "Utility Relocation Policies and Procedures" (Vol. II, Section 3.1) Virginia Department of Transportation (9th ed., Nov. 2003). (Such manual, which applies to VDOT's rights of way, is not intended to be applicable to City owned rights of way.) In the event that the City and the WVW A fail to reach agreement as to who shall bear the cost of any of the above-described utility work on a particular project or work, the City shall propose mediation, utilizing a mediator from a professional mediation organization, such as the McCammon Group, as a means by which to try to resolve the matter. This policy supplements and is in addition to, and does not replace, any other applicable City ordinances, resolutions, code provisions, policies, rules, or regulations. 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 June 18, 2008 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 38139-061608 appropriating funds from the General Fund undesignated fund balance to the Reserve for School Roof Replacement Project, and amending and reordaining certain sections of the 2007-2008 General and School Capital Projects Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, ~'-:'Jh1.~ Stephanie M. Moon, CMC City Clerk SMM: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 of Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38139-061608. AN ORDINANCE to appropriate funding from the General Fund undesignated fund balance to the Reserve for School Roof Replacement project, amending and reordaining certain sections of the 2007-2008 General and School 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 General and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Capital Fund Fund Balance Undesignated Fund Balance 01-250-9310-9531 $ 1,082,106 01-3324 (1,082,106) School Capital Proiects Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund - CMERP 31-065-6089-9003 1,082,106 1,082,106 31-110-1234-1356 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: .,,, ,( ~., .~\";."\fr1"'" '.'~'..'." , ., ',', '., ~ J ,;" ". ""lIr\,,;l' ; :,.\'tity Clerk.' " City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951 David B. Carson Chairman Jason E. Bingham Vice Chairman V. Mignon Chubb-Hale Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board June 16, 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 June 10, the Board respectfully requests City Council to appropriate $1,082,106.00 from the General Fund undesignated fund balance. The monies will be used for the Superintendent's initiatives and for various building repairs. The School Board thanks you for your approval of the appropriation request. Sincerely, ~~~ 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.ns June 16, 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: School Board Appropriation Request As a result of official School Board action at its meeting on June 10, 2008, the Board has respectfully requested that City Council appropriate $1,082,106 from the General Fund undesignated fund balance. The funding will be appropriated in the School Capital Projects fund in an account to be established by the Director of Finance entitled "Reserve for Roof Replacement." This funding will be available to support the Schools' ongoing efforts to repair City school roofs. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, q~~ It ttJl Jesse A. Hall Director of Finance JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Troy A. Harmon, Municipal Auditor Stephanie M. Moon, City Clerk Ladies and Gentlemen: I am attaching copy of Ordinance No. 38140-061608 establishing compensation for the City Manager, City Attorney, Municipal Auditor, and City Clerk for the fiscal year beginning July 1, 2008, and ending June 30, 2009, which Ordinance shall remain in effect until amended or repealed, in an increased amount of 2%. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, A~~~/Y)' ~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Keli M. Greer, Director of Human Resources Jesse A. Hall, Director of Finance \J"~ IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA The 16th day of June, 2008: No. 38140-061608. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2008; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2008, and ending June 30, 2009, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of the Council-appointed officers identified above shall be the salary received by each during the fiscal year July 1,2007, ending June 30, 2008, increased by two percent (2%). 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July, 2008. 3. The Director of Finance shall continue to pay on an installment basis the sum of $8,000.00 per calendar year to ICMA as deferred compensation on behalf of the five incumbent Council-appointed officers. The sum shall be paid in equal quarterly installments. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the Council-appointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. K:\MeasuresWearly Measures\2008\council appointed officers salary 2008- 2009.doc 6. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~h7.~ City Clerk. . - K:\Measures\Yearly Measures\2008\council appointed officers salary 2008- 2009.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 June 18, 2008 The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable William H. Fralin, Jr. Delegate, House of Representatives P. O. Box 20363 Roanoke, Virginia 24018 The Honorable Onzlee Ware Delegate, House of Representatives P. O. Box 1745 Roanoke, Virginia 24008 Gentlemen: I am enclosing copy of Resolution No. 38141-061608 addressing Virginia's transportation funding crisis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008. Sincerely, Qt:L0).~ ~ Stephanie M. Moon, CMC 7T' City Clerk SMM:ew Attachment pc: R. Michael Amyx, Executive Director, Virginia Municipal League, P. O. Box 12164, Richmond, Virginia 23241 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney w~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38141-061608. A RESOLUTION addressing Virginia's transportation funding crisis. WHEREAS, the package of transportation taxes and fees enacted by the 2007 Session of the General Assembly to address statewide maintenance and regional transportation needs failed because the Virginia Supreme Court invalidated the Northern Virginia regional fees and because the 2008 General Assembly repealed the abusive driver fee program; WHEREAS, the City of Roanoke has growing transportation needs and costs ranging from: 1) maintaining aging streets with complex adjacent utilities and high traffic volumes, 2) meeting demand for added public transportation, and 3) the need for increased intercity passenger rail service, all requiring additional state funds; WHEREAS, the Commonwealth Transportation Board is ready to approve a $1.1 billion reduction in the official six-year forecast, forcing a forty-four percent cut in primary, urban roads and secondary roads construction; WHEREAS, the impact of this reduction on the Salem district will be a loss of$25.5 million in FY2008, $38 million in FY2009, escalating to $56.3 million in FY2014. The City of Roanoke and surrounding localities cannot and will not close this funding gap; WHEREAS, the costs for the City of Roanoke to maintain its older streets continue to rise annually; WHEREAS, transit rid~rship is growing, and needed transit improvements, expansions, and escalating dies'el costs require additional state operating and capital funds to maintain and meet the added demand for service; K:IMEASURESITRANSPORTATION INCREASE 2008.DOC 1 WHEREAS, the public wants and needs more frequent intercity passenger rail, which requires added state capital and operating funds; WHEREAS, the Governor's proposal would increase funding for Urban road funds; WHEREAS, the City of Roanoke and its affiliated municipal organizations, the Virginia Municipal League and the Virginia First Cities Coalition, have advocated for a transportation funding model that is adequate, sustainable, and dedicated with non-general funds to support Virginia's transportation network; and WHEREAS, Governor Timothy M. Kaine has called the General Assembly into special session on June 23 to address these funding matters; NOW, THEREFORE, BE IT RESOLVED that the Council ofthe City of Roanoke does hereby support efforts of the Governor and General Assembly to act swiftly and decisively to approve legislation that will address the transportation fu~ding crisis at the statewide, regional, and local levels; and BE IT FURTHER RESOLVED that such legislation should recognize that it is the Commonwealth's responsibility to impose new taxes and fees; that funding purposes must be restricted , to adequately maintaining transportation infrastructure, ensuring safe roads statewide, relieving traffic congestion, maintaining and increasing transit service, expanding intercity passenger rail, promoting economic development throughout the state, and providing multi-model options; and that providing consumer choices, including the use oftolls on new transportation facilities, is part ofthe solution to the transportation crisis. ATTES1\ I" ,.-1 i , ri>st'>~> .~,~ ~I ' ~ity Clerk. L:\A TTORNEYlDA T A\CLLCIIMEASURES\TRANSPORT A nON INCREASE 2008.DOC 2 ~ F fis~l-irriES Virginia First Cities Resolution Addressing Virginia's Transportation Funding Crisis WHEREAS, the package of transportation taxes and fees enacted by the 2007 Session of the General Assembly to address statewide maintenance and regional transportation needs failed because the Virginia Supreme Court invalidated the Northern Virginia regional fees and because the 2008 General Assembly repealed the abusive driver fee program; and WHEREAS, the Cities have growing transportation needs and costs ranging from: 1) maintaining aging streets with complex adjacent utilities and high traffic volumes, 2) management responsibility for local urban and primary road projects under the Virginia Department of Transportation's urban construction management program, 3) meeting demand for added public transportation, and 4) needing increased intercity passenger rail service that requires additional state funds; and WHEREAS, the Commonwealth Transportation Board is ready to approve a $1.1 billion reduction in the official six-year forecast, forcing a 44 percent cut in primary, urban roads and secondary roads construction; and WHEREAS, the costs for the Cities to maintain their older streets, continues to rise and exceeds state maintenance payments; and WHEREAS, the many Cities are under contract with VDOT and are responsible for managing primary and urban road projects, and completion of these projects is reliant on sufficient state funds; and. WHEREAS, Transit ridership is growing and needed transit improvements and expansions, along with escalating diesel costs, require additional state operating and capital funds to maintain and meet the added demand for service; and WHEREAS, the public wants and needs more frequent intercity passenger rail, which requires added state capital and operating funds; and WHEREAS, the Governor's proposal would increase Urban and Primary funding and provide operating funds for intercity rail service for Virginia First Cities localities; and WHEREAS, the Virginia First Cities Coalition has advocated for a transportation funding model that is adequate, sustainable, and dedicated with non-general funds to support Virginia's transportation network; and WHEREAS, Governor Timothy M. Kaine has called the General Assembly into special session on June 23, 2008 to address these funding matters; NOW, THEREFORE, BE IT RESOLVED THAT, Virginia First Cities does hereby support efforts of the Governor and the General Assembly to act swiftly and decisively to approve legislation that will address the transportation funding crisis at the statewide, regional and local levels; and BE IT FURTHER RESOLVED THAT, such legislation should recognize that it is the Commonwealth's responsibility to impose the new taxes and fees; that the funding purposes must be restricted to adequately maintaining transportation infrastructure, ensuring safe roads statewide, relieving traffic congestion, maintaining and increasing transit service, expanding intercity passenger rail, promoting economic development throughout the state, and providing multi-modal options; and that providing consumer choices, including the use of tolls on new transportation facilities, is part of the solution to the transportation crisis. Adopted on this, the 23rd day of May, 2008. ~f2~ The Honorable Ellen F. Robertson Virginia First Cities Chairperson Modified VML Model transportation resolution- City Issues Inserted , The following model transportation resolution is an adaptation of what VML sent with an elaboration of specific issues and information for cities in VFC. It was a can be tailored to your local government and region. The other attachments provide the dollar amounts for your highway district and city. Please consider adoption of such a statement and forward it with a letter to your senator and delegate as soon as possible. Please send a copy of your correspondence to VML. Resolution to Address Virginia's Transportation Funding Crisis Adopted by the City of Lynchburg Date WHEREAS, the package of transportation taxes and fees enacted by the 2007 Session of the General Assembly to address statewide maintenance and regional transportation needs failed because the Virginia Supreme Court invalidated the Northern Virginia regional fees and because the 2008 General Assembly repealed the abusive driver fee program; and WHEREAS, the City of has growing transportation needs and costs ranging from: 1) maintaining aging streets with complex adjacent utilities and high traffic volumes, 2) management responsibility for local urban and primary road projects under VDOT's urban construction management program [delete ifnot applicable], 3) meeting demand for added public transportation and 4) the need for increased intercity passenger rail service. All requires additional state funds; and WHEREAS, the Commonwealth Transportation Board is ready to approve a $1.1 billion reduction in the official six-year forecast, forcing a 44 percent cut in primary, urban roads and secondary roads construction; and WHEREAS, the impact of this reduction on the_Your Highway District district will be a loss of _million in FY2008, $_million in FY2009, escalating to $_ million in FY 2014. The City of and surrounding localities cannot and will not close this funding gap; and WHEREAS, the costs for the City of to maintain its older streets, continues to rise exceeding state maintenance payments by $ annually; and WHEREAS, the City of is under contract with the VDOT to manage primary and urban road projects in the City, and completion of these projects is reliant on sufficient state funds; and. [THIS IS NOT APPLICABLE TO ALL FIRST CITIES] WHEREAS, Transit ridership is growing. Needed transit improvements, expansions, and escalating diesel costs, require additional state operating and capital funds to maintain and as meet the added demand for service; and WHEREAS, the public wants and needs more frequent intercity passenger rail, which requires added state capital and operating funds; and WHEREAS, the Governor's proposal, would increase Primary funding for Lynchburg by $_million dollars, Urban road funds $_million, and transit by $~million over the next six years and provide operating funds for intercity rail service; and WHEREAS, the City of and its affiliated municipal organizations, the Virginia Municipal League and the Virginia First Cities Coalition, have advocated for a transportation funding model that is adequate, sustainable, and dedicated with non- general funds to support Virginia's transportation network; and WHEREAS, Governor Timothy M.Kaine has called the General Assembly into special session on June 23 to address these funding matters; NOW, THEREFORE, BE IT RESOLVED THAT, the City does hereby support efforts of the Governor and the General Assembly to act swiftly and decisively to approve legislation that will address the transportation funding crisis at the statewide, regional and local levels; and BE IT FURTHER RESOLVED THAT, such legislation should recognize that it is the Commonwealth's responsibility to impose the new taxes and fees; that the funding purposes must be restricted to adequately maintaining transportation infrastructure, ensuring safe roads statewide, relieving traffic congestion, maintaining and increasing transit service, expanding intercity passenger rail, promoting economic development throughout the state, and providing multi-modal options; and that providing consumer choices, including the use of tolls on new transportation facilities, is part of the solution to the transportation crisis. 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E c: u ns ns::S "- c: "- C) Q)'" 0 .., en "- c:C: Q, .- 0 c: ns u .co c: E ~E ~ =ns~u o'C~2 (t5(tUi c ~ c5 "';"'en"';"'u E= .- ~ ~ C)~ o .- "- U c.'t: c: Q) o'C Q) U c: ns c Q) .., overnor ames ranspo a Ion an Statewide Maintenance Funding FY09 FY10 FY11 FY12 FY13 FY14 1 % Motor Vehicle Sales and Use Tax $ 172.5 $ 192.5 $ 195.1 $ 202.6 $ 212.7 $ 212.0 $10 Annual Registration Fee 70.3 71.9 72.1 72.5 72.9 73.1 Rededicate existing 1 % Motor Vehicle Sales and Use Tax to Highway Maintenance (other 2% alreadv dedicated) 188.2 192.5 195.1 202.6 212.7 212.0 Rededicate Existing $35 Minimal Motor Vehicle Sales and Use Tax to Highway Maintenance* 14.3 14.5 14.7 15.1 15.6 15.5 Total Funding Dedicated to Highway Maintenance $ 445.3 $ 471.4 $ 477.0 $ 492.8 $ 513.9 $ 512.6 G K' I 2008 T rtf PI 1 % Retail Sales and Use Tax FY14 $ 414.3 - Local Projects -- 40% - Dedicated Metro Funding -- $50m Regional Hampton Roads Funding 1 FY09 I FY10 1 FY11 1 FY12 I FY13 1 FY14 1 % Retail Sales and Use Tax 1$ 167.9 I $ 192.5 1 $ 201.9 I $ 210.6 I $ 219.4 1 $ 227.1 - 1-64 Widening on Peninsula & Southside - Third Crossing - Midtown/Downtown Tunnel - Hampton Roads Bridge Tunnel - Southeastern Parkway/Dominion Blvd - Route 460 - 1-664 Widening on Peninsula & Southside 25 Cent Grantor's Tax 155.0 - 65% Transit Capital & Operating - 10% Rail Capital & Operating - 13.5% Trans ortation Partnership 0 - 4% Airports - 7.5% Ports TOTAL NEW TRANSPORTATION FUNDING FY09 FY10 FY11 FY12 FY13 FY14 $ 859.0 $ 963.0 $ 989.9 $ 1,022.4 $ 1,057.8 $ 1,081.5 'Law requires a $35 tax or the payment of a 3% motor vehicle sales & use tax, whichever is greater 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 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Mr. Sherman P. Lea, Jr. 3773 Norway Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Lea: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W;, prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Mr. Sherman P. Lea, Jr. June 18, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Youth Services Citizen Board. Sincerely, SMM:ew Enclosures pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks and Recreation Department Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, SHERMAN P. LEA, JR. was reappointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. ~M.~ CityClerk 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 STEPHANffi M. MOON, CMC E-mail: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Mr. Aaron Ewert 2814 Crystal Spring Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Ewert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 1,6, 2008, you were reappointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2011. c Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Mr. Aaron Ewert June 18, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Youth Services Citizen Board. Sincerely, ~'Y'r\. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks and Recreation Department Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, AARON EWERT was reappointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. ~~.we 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: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Mr. James B. Lee 51 5 Darwin Road, S. W. Roanoke, Virginia 24014 Dear Mr. Lee: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a City representative to the Roanoke Valley Greenway Commission, for a term ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Roanoke valley greenway commissionVim B. Lee oath 6 30 2011.doc Mr. James B. Lee June 18, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation or your willingness to continue to serve as a City representative to the Roanoke Valley Greenway Commission. Sincerely, ~"'rv\.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. O. Box 29800, Roanoke, Virginia 24018 Donald R. Witt, Chair, 3332 Kenwick Trail, S. W., Roanoke, Virginia 24018 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\Roanoke valley green way commission\Jim B. Lee oath 6 30 2011.doc COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, JAMES B. LEE was reappointed as a City representative to the Roanoke Valley Greenway Commission, for a term ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. ~M.~ City q~rk - K:\oath and leaving service\Roanoke valley green way commission\.Jim B. Lee oath 6 30 201l.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 June 18, 2008 Ms. Martha P. Franklin 4751 Peach Tree Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Franklin: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as the City Employee representative to the Personnel and Employment Practices Commission, for a term ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Martha P. Franklin / June 18, 2008 Pag e 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as the City Employee representative to the Personnel and Employment Practices Commission. Stephanie M. Moon,~' ~8YV City Clerk SMM:ew Enclosures pc: Keli M. Greer, Secretary, Personnel and Employment Practices Commission Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council- which was held on the sixteenth day of June 2008, MARTHA P. FRANKLIN was reappointed as the City Employee representative to the Personnel and Employment Practices Commission, for a term ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. '"hi, Mo~ City Clerk . C 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 STEPHANffi M. MOON, CMC E-mail: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant City Clerk June 18, 2008 Ms. Susan M. Egbert 3571 Bradshaw Road Salem, Virginia 241 53 Dear Ms. Egbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and . each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Arts Commission\Susan Egbert oath 6 30 I 1. doc Ms. Susan M. Egbert June 18, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Roanoke Arts Commission. Sincerely, ~rr,.~ Stephanie M. Moon, CMC City Clerk SMM: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 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\Arts Commission\Susan Egbert oath 6 30 II.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, SUSAN M. EGBERT was reappointed 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 eighteenth day of June 2008. J!;:rJ ~ Tn. ~. \ ditY, Clerk K:\oath and leaving service\Arts Commission\Susan Egbert oath 6 30 II.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: cIerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE Assistant Deputy City Clerk June 18, 2008 Ms. Susan Koch 2102 Maiden Lane, S. W. Roanoke, Virginia 24015-2208 Dear Ms. Koch: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." , K:\oath and leaving service\roa public library board\Susan Koch oath 6 30 2011.doc '" Ms. Susan Koch June 1 8, 2008 Page 2 . On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Roanoke Public Library Board. Sincerely, M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Stanley G. Breakell, Chair, Roanoke Public Library Board, 3256 Allendale Street, S. W., Roanoke, Virginia 24014 Sheila S. Umberger, Secretary, Roanoke Public Library Board Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\roa public library board\Susan Koch oath 6 30 2011.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, SUSAN KOCH was reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. JsA1~m.~ City Clerk K:\oath and leaving service\roa public library board\Susan Koch oath 6 30 2011.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 June 18, 2008 Mr. Stanley G. Breakell 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2011. 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, 21 5 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\roa public library board\Stanley G Breakell oath 6 3020 II.doc Mr. Stanley G. Breakell June 18, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Roanoke Public Library Board. Sincerely, m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Sheila S. Umberger, Secretary, Roanoke Public Library Board Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\roa public library board\Stanley G Sreakell oath 6 30 2011.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, STANLEY G. BREAKELL was reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. q ."..... A ~ · _ I~. ! A~~'r'l.'~~ City Clerk, ,! , , K:\oath and leaving service\roa public library board\Stanley G Breakell oath 6 3020 II.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 STEPHANIE M. MOON, CMC City Clerk June 18, 2008 The Honorable David B. Trinkle Vice-Mayor 2855 South Jefferson Street Roanoke, Virginia 24014 Dear Vice-Mayor Trinkle: 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, June 16, 2008, you were reappointed as a City representative to the Roanoke Valley Area Metropolitan Planning Organization, for a term ending June 30, 2011. 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, 21 5 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." SMM:ew Enclosures ~ The Honorable David B. Trinkle Vice-Mayor June 18, 2008 Page 2 pc: Wayne G. Strickland, Executive Director, Roanoke Valley Area Metropolitan Planning Organization, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary ( COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, DAVID B. TRINKLE was reappointed as a City representative to the Roanoke Valley Area Metropolitan Planning Organization, for a term ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. ~. ''rv\ \~ ~ ,. . ~ City Clerk , ~ROahoke . Roanoke Valley Area Metropolitan Planning Organization 313 Luck Avenue, SW / PO Box 2569 / Roanoke, Virginia 24010 TEL: 540.343.4417 / FAX: 540.343.4416 / www.rvarc.org / rvarc@rvarc.org Regional Commission April 14, 2008 Ms. Stephanie Moon, CMC Roanoke City Clerk 215 Church Avenue, SW, Room 456 Roanoke, Virginia 240i I Dear Ms. Moon: According to our record of appointments, the terms of Dr. David Trinkle and Mr. Beverly T. Fitzpatrick, Jr., representatives from the City of Roanoke serving on the Roanoke Valley Area Metropolitan Planning Organization ,(MPQ)iPqlicy:B9~rd"'jare set to expire June 30, 2008. The MPO Bylaws state that all appointlllents areJor,th~.ee~y~ar;~erms:',:The;By'laws further state that at least one member representing each local government must be an elected member of the local governing body. However, this does not limit a locality from appointing two elected representatives. A few things to keep in mind: (I) Dr. Trinkle presently serves as the Chairman of the Roanoke Valley Area MPO; (2) members are eligible for reappointment; and (3) the status of Mr. Fitzpatrick needs to be addressed since his elected status on Council will change. Please notify me of the City's official action in filling these upcoming vacancies on the Roanoke Valley Area MPO. If you have questions, please do not hesitate to contact me. Thank you. Yours truly, lJr- Wayne G. Strickland Secretary to the Roanoke Valley Area MPO The;HonorableBeverly,T. Fitzpatrick~Jr: .' The Honorable David Trinkle Members: Bedford, Botetourt and Roanoke counties, cities of Roanoke and Salem, Town of Vinton, Greater Roanoke Transit Company, Roanoke Regional Airport Commission, Roanoke Valley-Alleghany Regional Commission, Virginia Department of Transportation cc: . t.. Part of .8 ~- newva 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 June 18, 2008 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk Mr. A. Morris Turner, Jr. 351 5 River Birch Lane, S. W. Roanoke, Virginia 24014 Dear Mr. Turner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau, Board of Directors, for a term ending June 30, 2009. 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." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau, Board of Directors. Sincerely, 7-Hi" . -:'I.~./'rY}.~~ Stephanie'M. Moon, CMC City Clerk SMM:ew Enclosures pc: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\roanoke Valley Convention and Visitors Bureau\a morris turner jr oath09,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 June 18, 2008 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk Mr. Barton J. Wilner 2709 Crystal Spring Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Wilner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau, Board of Directors, for a term ending June 30, 2009. 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." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau, Board of Directors. Sincerely, J;(;1~ h\ ' Mo~ Stephanie M. Moon, CMC ,. V City Clerk SMM:ew pc: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\roanoke Valley Convention and Visitors Bureau\Barton 1. Wilner oath06.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 June 18, 2008 The Honorable Jacqueline F. Ward Talevi Judge, General District Court Roanoke, Virginia Dear Judge Talevi: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, for a term ending June 30, 2011. 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, 21 5 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice BoardVudge Talevi oath June 30 I I. doc The Honorable Jacqueline F. Ward Talevi June 18, 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 as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board. Sincerely, m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Kathryn Van Patten, Director of Court and Community Corrections, 162 lEast Main Street, Salem, Virginia 24153 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice BoardVudge Talevi oath June 30 1 I. doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, JACQUELINE F. WARD TALEVI was reappointed as a City representative to the Court Community Corrections Program~ Regional Community Criminal Justice Board, for a term ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. ~~ 'cY\.~M) K:\oath and leaving service\Court Community Corrections Program Regional Community Crimi ani Justice Board\Judge Talevi oath June 30 1 1. 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 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Ms. Carla L. Terry 1126 Summit Lane, N. W. Roanoke, Virginia 24017 Dear Ms. Terry: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were reappointed as the City representative to the Roanoke Valley Regional Cable Television Committee, for a term ending -' June 30, 2011. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Carla L. Terry June 18, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as the City representative to the Roanoke Valley Regional Cable Television Committee. Sincerely, ~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Robert R. Altice, Chair, Roanoke Valley Regional Cable Television Committee, 616 South Maple Street, Vinton, Virginia 24179 Cecelia R. Tyree, Secretary, Roanoke Valley Regional Cable Television Committee Elaine Simpson, Director, RVTV, 541 Luck Avenue, S. W., Suite 145, Roanoke, Virginia 24016 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE ( I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, CARLA L. TERRY was reappointed as the City representative to the Roanoke Valley Regional Cable Television 'Committee, for a term ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. ~1rn.~ 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 June 18, 2008 The Honorable David B. Trinkle Vice-Mayor Roanoke, Virginia Dear Vice-Mayor Trinkle: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as the City Council representative to the Hotel Roanoke Conference Center Commission, to fill the unexpired term of Jesse A. Hall ending April 8, 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 .ofyour appointment and each appointee is required "to read and become familiar with provisions of the Act." The Honorable David ,B. Trinkle June 18, 2008 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation or your willingness to serve the City of Roanoke as the City Council representative to the Hotel Roanoke Conference Center Commission. Sincerely, ~~~~ City Clerk SMM:ew Enclosures pc: John Dooley, Chair, the Hotel Roanoke Conference Center Commission, Vice Provost for University Outreach and International Affairs, Virginia Tech, 330 Burruss Hall, Blacksburg, Virginia 24061 Deborah J. Moses, Director, Hotel Roanoke Conference Center Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission, Chief Operating Officer and Treasurer, Virginia Tech Foundation, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061 William M. Hackworth, City Attorney COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, the Honorable DAVID B. TRINKLE was appointed as the City Council representative to the Hotel Roanoke Conference Center Commission, to fill the unexpired term of Jesse A. Hall ending April 8, 2011. Given under my hand and the Seal of the City of Roanoke this eighteenth day of June 2008. ~~.~ 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 June 23, 2008 The Honorable Octavia Johnson, Sheriff Roanoke, Virginia The Honorable Sherman P. Lea Council Member Roanoke, Virginia Dear Sheriff Johnson and Council Member Lea: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as City representatives to the Virginia CARES Board of Directors. 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." Sincerely, . h11~ON Stephanie M. Moon, CMC City Clerk SMM:ew \ Enclosures pc: Ann Fisher', Executive Director, Virginia CARES, Inc., 145 West Campbell Avenue, Suite 555, Roanoke, Virginia 24011 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, THE HONORABLE OCTAVIA JOHNSON was appointed as a City representative to the Virginia CARES Board of Directors. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. f4;J~ fr\. lYIO&-.-.J City Clerk. . . C if> 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 June 23,2008 The Honorable Octavia Johnson Sheriff Roanoke, Virginia The Honorable Sherman P. Lea Council Member Roanoke, Virginia Dear Sheriff Johnson and Council Member Lea: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as City representatives to the Virginia CARES Board of Directors. 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 ea'ch member is required "to read and become familiar with. provisions of the Act." Sincerely, SM M :ew Enclosures pc: Ann Fisher, Executive Director, Virginia CARES, Inc., 145 West Campbell Avenue, Suite 555, Roanoke, Virginia 24011 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day .of June 2008, THE HONORABLE SHERMAN P. LEA was appointed as a City representative to the Virginia CARES Board of Directors. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ' ~M.~ City Clerk. - K:\oath and leaving service\Virginia Cares, lnc\Octavia Johnson city representative,doc ~ Virginia ARES/Inc. 145 West CampbeH Avenue Suite 555 Roanoke, Virginia 24011 Phone: (540) 342-9344 Fax: (540) 342-9427 Web: www.vacares.org Alexandria Office of Community Services Alexandria (703) 838-0919 Lynchburg Community Action Group Lynchburg (434) 846-2778 New River Valley Community Action Agency Christiansburgl Pulaski (540) 382-6186 Office of Human Affairs Newport News (757) 928-3204 PEOPLE, mc, Abingdon (276) 628-9188 Pittsylvania County Community Action Danville (434) 793-5627 Probation & Parole District 21- Fredericksburg (540) 710-2102 ext 151 Richmond Community Action Program Richmond/Powhatan (804) 788-00501598-3351 Support to Eliminate Poverty Rocky Mount! Martinsville (540) 483-5142/ (276) 638-8311 Total Action Against Poverty Roanoke (540) 345-6781 MEMORANDUM To: Virginia CARES Elected Official (or Designee) Board Members From: Ann Fisher, Executive Director Date: May 5, 2008 Re: CSBG Tripartite Boards and Federal and State Requirements If you are receiving this memorandum you are a member of the Virginia CARES Board of Directors and sit on the Elected Officials portion of that Board. Under new state and federal guidelines, it has become necessary for us to conform to certain procedures in electing individuals to sit on this portion of our Board. It is a requirement that at least one-third of any community action agency (CAA) board shall be an elected official or their designee. Virginia CARES will need to have a letter or resolution from the county/city or copy of board of supervisors or city council minutes selecting a representative position/or individual. In the case of a designee, it is required that not only should be position on the Virginia CARES board be approved by the governing body, but that the designee be named. I ask that each of you receiving this memo contact the board/council you are representing and arrange to have them approve their representation on our Board. If you are a designee, please have that approved also. For those of you representing a Delegate (or Senator) to the state legislature, a letter from that individual designating you as their representative is sufficient. This is a time-sensitive matter and I appreciate your efforts to take care of this as soon as possible. If you have any questions or need additional direction, please feel free to contact me. Ann Fisher (540) 342-9344 afisher@vacares.org "To create and maintain a statewide network of ex-offender re-ently programs to provide transitional assistance, financial aid, job readiness training, temporary} employment, job search and career development, human relations and self-awareness training, and on-going support services to prisoners, ex-offenders, and theirfamilies in Vill!;inia. " Roanoke Sheriff's Office Memorandum DATE: May 9, 2008 TO: The Honorable Mayor Nelson Harris and Members of City Council FROM: Octavia Johnson, Sheriff~ SUBJECT: Virginia Cares, Inc. As you may be aware, the Sheriff of Roanoke City is a member of the Virginia CARES Board of Directors and sits on the Elected Officials portion of that Board. As required under new state and federal guidelines, Virginia Cares will need to have a letter or resolution from the city or copy of city council minutes selecting the representative position (Sheriff). Virginia Cares has informed me that this is a time-sensitive matter and would appreciate all efforts to take care of this as soon as possible. Attached you will find a copy of the letter from Virginia CARES. Octavia Johnson Sheriff ,) - =~ .:",,:- r- rTl :::r..' :;:r.:: .. .0::', ~:o ",.?, =~ 1St 1..0 '.0 ::s: ~I .t-., P I-"- 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 June 23, 2008 Ms. Robin Murphy-Kelso 4449 Summit Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Murphy-Kelso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as the City of Roanoke's representative to the Local Office on Aging Advisory Council, for a term ending February 28, 2009. 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." 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 its representative '. to the Local Office on Aging Advisory Council. Sincerely, ~ h-1, ~~ Stephanie M. Moon, CMC City Clerk . SMM:ew Enclosures pc: Susan Williams, Director, Local Office on Aging, P. O. Box 14205, Roanoke, Virginia 24038 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, ROBIN MURPHY-KELSO was appointed as the City of Roanoke's representative to the Local Office on Aging Advisory Council for a term ending February 28, 2009. Given under my hand and the Seal of the City of Roanoke this twenty-third day of June 2008. ~ m.mObYV City Clerk '. C 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 CECELIA R. TYREE Assistant Deputy City Clerk June 23, 2008 Ms. Elizabeth D. Rhine 608 Janette Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Rhine: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative to the Roanoke Valley Greenway Commission, to fill the unexpired term of Charles R. Shaver ending June 30, 2010. 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, 21 5 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act~ The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Roanoke valley greenway commission\Elizabeth D. Rhine 630 20IQ,doc Ms. Elizabeth D. Rhine June 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 City representative to the Roanoke Valley Greenway Commission. Sincerely, ~M.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. O. Box 29800, Roanoke, Virginia 24018 Donald R. Witt, Chair, 3332 Kenwick Trail, S. W., Roanoke, Virginia 24018 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\Roanoke valley greenway commission\Elizabeth D, Rhine 630 20lO,doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, ELIZABETH D. RHINE was appointed as a City representative to the Roanoke Valley Greenway Commission, to fill the unexpired term of Charles R. Shaver ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ~m.~h\.; City Clerk K:\oath and leaving service\Roanoke valley green way commission\Elizabeth D. Rhine 630 20IO.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 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk June 26, 2008 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk The Honorable David B. Trinkle Vice-Mayor 2855 South Jefferson Street Roanoke, Virginia 24014 Dear Vice~Mayor Trinkle: At a regular meeting of the Council of the City of Roanoke held on Mond.ay, June 16, 2008, you were appointed as a City Council representative to the City of Roanoke/Roanoke City Public Schools Joint Services Committee for a term commencing July 1, 2008 and ending June 30, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 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." . Sincerely, : / # m. Mo~ Stephanie M. Moon, CMC "-- City Clerk SMM:ew Enclosures K:\Joint Services Committee\David Trinkle oath.doc The Honorable David B. Trinkle June 26, 2008 Pag e 2 pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Darlene L. Burcham, City Manager Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\Joint Services Committee\David Trinkle oath,doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held. on the sixteenth day of June 2008, THE HONORABLE DAVID B. TRINKLE was appointed as a City Council representative to the City of Roanoke/Roanoke City Public Schools Joint Services Committee for a term commencing July 1, 2008 and ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this twenty- sixth day of June 2008. ~~~:me.) K:\Joint Services Committee\David Trinkle oath,doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 26, 2008 Michael Smith, Branch Executive Director Family Center YMCA 108 Orange Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Smith: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative to the Promise of Roanoke Steering Committee. 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." Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Faye T. Gilchrist, Assistant to the City Manager Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, MICHAEL SMITH was appointed as a City representative to the Promise of Roanoke Steering Committee. Given under my hand and the Seal of the City of Roanoke this twenty- sixth day of June 2008. M~l'Y\.~ City Clerk. K:\oath and leaving service\Promise In Roanoke Conunittee\Michael Smith city representative, 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 July 1, 2008 Mr. Kenneth H. King, Jr. 2034 Darlington Road, S. W. Roanoke, Virginia 24018 Dear Mr. King: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative to the Promise of Roanoke Committee Steering Committee. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information i 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." Sincerely, ~! iJ . .. i!~/~.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Faye T. Gilchrist, Assistant to the City Manager Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, KEN KING was appointed as a City representative to the Promise of Roanoke Steering Committee. Given under my hand and the Seal of the City of Roanoke this first day of July 2008. Yv\.~ City Clerk. K:\oath and leaving service\Promise In Roanoke Committee\Ken King city representative. 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 STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov . City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 23, 2008 The Honorable David B. Trinkle Vice-Mayor 2855 South Jefferson Street Roanoke, Virginia 24014 Dear Vice-Mayor Trinkle: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative (elected official) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term of three years ending March 31, 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. Also enclosed is a copy of the Bylaws of the Comprehensive Economic Development Strategy Committee. The Honorable David B. Trinkle June 23, 2008 Page 2 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." Sincerely, ~'rrI,~ Stephanie M. Moon, CMC . City Clerk SMM:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June, 2008, THE HONORABLE DAVID B. TRINKLE was appointed as a City representative (elected official) to. the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term ending March 31, 2011. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ~m.~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 20, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2<J08, you were appointed as a City representative (technical advisor) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. Enclosed is a copy of the Bylaws of the Comprehensive Economic Development Strategy Committee. 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." Sincerely, M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary 'l; , COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June, 2008, DARLENE L. BURCHAM was appointed as a City representative (technical advisor) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June, 2008. €ity 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: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 23, 2008 Mr. Jay Foster 3726 Heatherton Road, S. W. Roanoke, Virginia 24014 Dear Mr. Foster: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative (private sector) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term ending March 31, 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. Also enclosed is a copy of the Bylaws of the Comprehensive Economic Development Strategy Committee. 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. Jay Foster June 23, 2008 Pag e 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City representative (private sector) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June, 2008, JAY FOSTER was appointed as a City representative (private sector) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term ending March 31, 2011. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ~m.mc- 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: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 23, 2008 Ms. Terri Workman 1 Riverside Circle, S. W., #101 Roanoke, Virginia 24016 Dear Ms. Workman: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative (private sector) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term of three years ending March 31, 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, 21 5 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Also enclosed is a copy of the ,Bylaws of the Comprehensive Economic Development Strategy Committee. 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." Ms. Terri Workman June 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 City representative (private sector) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. Sincerely, J" 1Y\.~~ Stephanie M. Moon, CMC City Clerk SMM:ew '> Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary / COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-wit: I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June, 2008, TERRI WORKMAN was appointed as a City representative (private sector) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term ending March 31, 2011. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June, 2008. ,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 June 20, 2008 Mr. Theodore W. Adkins 4927 Orchard Park Drive Roanoke, Virginia 24019 Dear Mr. Adkins: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term of two years commencing July 1, 2008, and ending June 30, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Board of Trustees, Pension Plan\Theodore Adkins oath 6 30 20IQ,doc Mr. Theodore W. Adkins June 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 as a member of the City of Roanoke Pension Plan, Board of Trustees. Sincerely, Stephanie M. Moon, ~, ~~ City Clerk SMM:ew Enclosures pc: David C. Key, Chair, City of Roanoke Pension Plan, Board of Trustees, 3012 Spring Road, S. W., Roanoke, Virginia 24015 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\Board of Trustees, Pension Plan\Theodore Adkins oath 6 30 2010.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, THEODORE W. ADKINS was appointed as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term commencing July 1, 2008, and ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this twentieth day of June 2008. Y4f:~1YI.~ K:\oath and leaving service\Board of Trustees, Pension Plan\Theodore Adkins oath 6 3020 I O,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 June 23, 2008 The Honorable Joseph' P. Bounds Judge, Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Bounds: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, for a term of three years commencing July 1, 2008, and 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." K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice BoardVudge Bounds oath June 30 I I. doc The Honorable Joseph P. Bounds June 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 City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board. Sincerely, - h,'~O~ Stephanie M. Moon, CMC ~ City Clerk SMM:ew Enclosures pc: Kathryn Van Patten, Director of Court and Community Corrections, 1627 East Main Street, Salem, Virginia 24153 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board\Judge Bounds oath June 30 ll.doc CITY OF ROANOKE ) ) To-wit: ) COMMONWEALTH OF VIRGINIA I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, JOSEPH P. BOUNDS was appointed as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, for a term commencing July 1, 2008, and ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ~m,IY\O~ City Clerk ~ K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board\Judge Bounds oath June 30 ll.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 June 20, 2008 Mr. Ronald L. McCorkle, Jr. 1 721 Kenwood Boulevard, S. E. Roanoke, Virginia 24013 Dear Mr. McCorkle: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a member of the Roanoke Neighborhood Advocates, for a term of two years commencing July 1, 2008, and ending June 30,2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel, C. Taylor Municipal Building, 21 5 Church Avenue, S. W. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Ronald L. McCorkle, Jr. June 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 member of the Roanoke Neighborhood Advocates. Sincerely, -m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Robert A. Cleme~1t, Jr., Neighborhood Services Coordinator, Roanoke Neighborhood Partnership, w/attachment Sheila N. Hartman, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, RONALD L. MCCORKLE, JR. was appointed as a member of the Roanoke Neighborhood Advocates, for a term commencing July 1, 2008, and ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this twentieth day of June 2008. ~~~.~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 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 June 23, 2008 The Honorable C. Nelson Harris Mayor Roanoke, Virginia 24015 Dear Mayor Harris: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a member of the Roanoke Public Library Board, for a term of three years commencing July 1, 2008 and 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." Sincerely, , hl.~ Stephanie M. Moon, CMC City Clerk SMM:ew K:\oath and leaving service\roa public library board\C. Nelson Harris oath 6 30 2011 ,doc The Honorable C. Nelson Harris June 23, 2008 Pag e 2 Enclosures pc: Mr. Stanley G. Breakell, Chair, Roanoke Public Library Board, 3256 Allendale Street, S. W., Roanoke, Virginia 24014 Sheila S. Umberger, Secretary, Roanoke Public Library Board Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary K:\oath and leaving service\roa public library board\C, Nelson Harris oath 6 30 2011.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, C. NELSON HARRIS was appointed as a member of the Roanoke Public Library Board, for a term commencing July 1, 2008, and ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ~~ ht.Me- K:\oath and leaving service\roa public library board\C, Nelson Harris oath 6 30 201 I ,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 June 23,2008 , The Honorable David A. Bowers Mayor-Elect 335 Church Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Bowers: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative to the Roanoke Valley-Alleghany Regional Commission for a term of three years commencing July 1, 2008 and 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." Sincerely, ~~~M~ City Clerk SMM:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 .Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-wit: I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day .of June 2008, DAVID A. BOWERS was appointed as a City representative to the Roanoke Valley-Alleghany Regional Commission, for a term commencing July 1, 2008 and ending June 30, 2011 . Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ~~~,~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov June 23, 2008 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk The Honorable Court G. Rosen, Council Member-Elect 3326 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Rosen: 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." Sincerely, -m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M.' Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper 'of the records thereof, do hereby c~ertify that at a regular meeting of Council which was held on the sixteenth day of June 2008, COURT G. ROSEN, was appointed as a member of the Roanoke Valley-Alleghany Regional Commission, to fill the unexpired term of Beverly T. Fitzpatrick, Jr., commencing July 1, 2008, and ending June 30, 2009. Given under my hand and the Seal of the City of Roanoke this twenty-third day of June 2008. t/;f~ 'rh. ~ 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 CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 18, 2008 The Honorable Alvin L. Nash 441 5 Renfro Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Nash: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 16, 2008, you were appointed as a City representative to the Roanoke Valley Area Metropolitan Planning Organization for a term of three years commencing July 1, 2008, and 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." Sincerely, --~ ""'M. 'vv. DCMI Stephanie M. Moon, C~~ City Clerk SMM:ew Enclosures The Honorable Alvin L. Nash June 23, 2008 Page 2 pc: Wayne G. Strickland, Executive Director, Roanoke Valley Area Metropolitan Planning Organization, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk Adalina Allicott, Administrative Secretary COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of June 2008, ALVIN L. NASH, was appointed as a City representative to the Roanoke Valley Area Metropolitan Planning Organization for a term commencing July 1, 2008" and ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this twenty- third day of June 2008. ~~ m.Y'Y\ooYv 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: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk August 12, 2008 Mr. Sloan H. Hoopes 2003 Maiden Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Hoopes: Your term of office as a member of the War Memorial Committee expired on \J' June 30, 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 War Memorial Committee from November 4, 1991 until June 30, 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, ~m.~~ Stephanie M. Moon, CMC City Clerk SM M:ew Enclosure pc: Sheila N. Hartman, Secretary War Memorial Committee Joyce S. Johnson, Assistant to the Mayor .~' '; -' .", ..:. ~ ~~ ~ '"d Z ~ ~ ' 0 , < ~ t'1i ~ (J 0 ~ ~ >-:3 ,~ ~o >-:3 n a~ ::r: tr1 '""" t:r1"r1 CZl ~ ~8 ...... "r1~ tv rJ). ~ 0>-:3 ~ ~ :> t"'l ~ >-:3CZl ~ 0>-:3 >-:3~~CZl 0 n ~~ 0 OZtr1:> ~ ~ > ~o;;:::s: g; tr1Z ~ <Ot:r1 ~ Oa ~ t:r1~~ = C/J tr1 ~"'C W~ t:C ~ 0 Ot:CL"trl . O~ u t:r1 (J :;d == --3 ~ "r1L" ~~OO tr:1 ~ :;d- O~~"r1 0 0 on oo:...~~ 0 ...., :>CZl I-t;j zt:r1 1.O~tr1 ~ 0 ~>-:3 ~ >- o~ t:r1 ~ ...., ~n t:r1 rJ). n @ t:r1 tv ~ C/) "r1 0 > ;:i :> 0 ~ 00 ~ ~ ~ 0 ~ Z ~ 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 June 18, 2008 Henry Scholz, Chair City Planning Commission 213 Jefferson Street, S.W., Suite 1007 Roanoke, Virginia 24011 Dear Mr. Scholz: I am enclosing copy of Ordinance No. 38144-061608 rezoning property located at 2835 Garden City Boulevard, S. E., Official Tax Map No. 4190704, from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District, as set forth in the Zoning Amendment Application dated April 15, 2008. The abovereferenced measure was adopted by the Council of the' City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is' in full force and effect upon its passage. Sincerely, ~~)y).~ ' Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Darlene L. Burcham June 18, 2008 Page 2 pc: Mr. and Mrs. Paul Doran, 2836 Sample Avenue, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Raymond Blankenship, 2572 ,Haleford Road, Moneta, Virginia 24121 Mr. and Mrs. George Ellis, 2826 Sample Avenue, S. E., Roanoke, Virginia 24014 Mr. Drew H. Kepley, 2710 Richelieu Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Thomas Giles, 2847 Garden City Boulevard, S. E., Roanoke, Virginia 24014 Mr. and Mrs. James Smith, 2354 Woodcliff Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Stanford Spitler, 2835 Garden City Boulevard, S. E., Roanoke, Virginia 24014 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, PE, LS, City Engineer Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38144-061608. AN ORDINANCE to amend g 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, and dispensing with the second reading of this ordinance by title. WHEREAS, the Planning Commission for the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2835 Garden City Boulevard, S.E., bearing Official Tax No. 4190704, rezoned from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by g36.2-540, 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 June 16, 2008, after due and timely notice thereof as required by S36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 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-City 2835 Garden City Blvd-rezone-6-16-08.doc 1 necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is ofthe 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 Map No. 4190704, located at 2835 Garden City Boulevard, S.E., be and is hereby rezoned from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District, as set forth in the Zoning Amendment Application dated April 15, 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: A~m.rnb~ CIty Clerk. . . ~ Ii'," . "\ O-City 2835 Garden City Blvd-rezone-6-16-08,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: c1erk@roanokeva,gov SHEILA N, HARTMAN, CMC Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Henry Scholz, Chair City Planning Commission 213 Jefferson Street, S.W., Suite 1007 Roanoke, Virginia 24011 Dear Mr. Scholz: I am enclosing copy of Ordinance No. 38143-061608 rezoning property located at 2621 Barham Road, S. W., Official Tax Map No. 1550906, from R-5, Residential Single-Family District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Application dated April 1 S, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, f4;:tJ~'ov). ~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Henry Scholz June 18, 2008 Page 2 pc: Mr. Christopher Cummings, 2618 Weaver Road, S. W., Roanoke, Virginia 24015 Ms. Lisa K. Eggleston, 2628 Weaver Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Charlie Moran, 2704 Weaver Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Collen Foster, 2626 Weaver Road, S. W., Roanoke, Virginia 24015 Mr. Rufus Wingfield, et als, 2635 Barham Road, S. W., Roanoke, Virginia 24015 Mr. Joseph V. Judy, III, 2613 Barham Road, S.W., Roanoke, Virginia 2401 5 Mr. and Mrs. Douglas Hunley, 3333 Pasley Avenue, S. W., Roanoke, Virginia 24015 Mr. Joseph Hensley, 2616 Barham Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Ellery Craighead, 2465 Lofton Road, S. W., Roanoke, Virginia 24015 . Mr. and Mrs. Eric Williamson, 2466 Lofton Road, S. W., Roanoke, Virginia 24015 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, PE, LS, City Engineer Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. ,38143-061608. AN ORDINANCE to amend ~ 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, and dispensing with the second reading of this ordinance by title. WHEREAS, the Planning Commission for the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2621 Barham Road, S.W., bearing Official Tax No. 1550906, rezoned from R-5, Residential Single-Family District, to ROS, Recreation and Open Space District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, 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 June 16, 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 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-City 2621 Barham Road-rezone-6-16-08,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 Map No. 1550906, located at 2621 Barham Road, S.W., be and is hereby rezoned from R-5, Residential Single-Family District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendm'ent Application dated April 15, 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: ~ ~''Me- . ,', '\ O-City 2621 Barham Road-rezone-6-16-08,doc 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Henry Scholz, Chair City Planning Commission 213 Jefferson Street, S.W., Suite 1007 Roanoke, Virginia 24011 Dear Mr. Scholz: I am enclosing copy of Ordinance No. 38142-061608 rezoning property located at 943 Murray Avenue, S. E.; Official Tax Map No. 4122606, from IN, Institutional District, to RM-1, Residential Mixed Density District, as set forth in the Amended Zoning Application No.1 dated May 1, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, A~'rYJ.~ Stephanie M. Moon, CMC --- City Clerk SMM:ew Enclosure Henry Scholz, Chair June 18, 2008 Page 2 pc: Fellowship Baptist Church, 929 Murray Avenue, S. E., Roanoke, Virginia 24013 Ms. Alicia D. Broughman, 1001 Murray Avenue, S. E., Roanoke, Virginia 24013 Ms. Jacquelean F. Brickey, 1012 Montrose Avenue, S. E., Roanoke, Virginia 24013 Mr. Christopher B. Smith, 6749 Hidden Wood's Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Daniel Agee, 1633 Atkinson Hollow Road, Vinton, Virginia 24179 Ms. Lois P. McCullough, 940 Murray Avenue, S. E., Roanoke, Virginia 24013 Mr. Terry I. Allinder, 1107 Gearhart Road, S. E., Roanoke, Virginia 24013 Mr. Edmund J. Kielty, 943 Murray Avenue, S. E., Roanoke, Virginia 24013 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, PE, LS, City Engineer Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator ~~ ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38142-061608. AN ORDINANCE to amend 9 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, and dispensing with the second reading of this ordinance by title. WHEREAS, the Planning Commission for the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 943 Murray Avenue, S.B., bearing Official Tax No. 4122606, rezoned from IN, Institutional District, to RM-1, Residential Mixed Density District; WHEREAS, the City Plannirig Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 16, 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 necessity, convenience, general welfare and good zoning practice, require the rezoning of O-City 943 Murray A venue-rezone-6-16-08,doc 1 the subj ect 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 Map No. 4122606, located at 943 Murray Avenue, S.E., be and is hereby rezoned from IN, Institutional District, to RM-1, Residential Mixed Density District, as set forth in the Amended Zoning Application No. 1 dated May 1, 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: ,'j' I J,' , .. , '^^ i"" . ", ,) \ 1 \ . M~ Cit; Clerk. ' . V O-City 943 Mun'ay A venue-rezone-6-16-08,doc 2 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 June 16, 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 the City Planning Commission to rezone 943 Murray Avenue, S.E., Official Tax No. 4122606, from IN to RM-1, in order to place the property in the district which is consistent with its current use. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 15, 2008. By a vote of 4-0 (Messrs. Manetta, Scholz and Williams absent), the Commission recommends approval of the application. The Commission finds the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Morningside/Kenwood/Riverland Neighborhood Plan. Rezoning the subject property to RM-1 District is appropriate to the site's existing physical improvements, land use and the surrounding neighborhood. Respectfully submitted, ~~ Paula Prince, Vice Chair City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Members of City Council Page 2 June 16, 2008 Application Information Request: Rezoninq Owner: Dua M. Dua Applicant: City Planning Commission City Staff Person: Maribeth B. Mills Site Address/Location: 943 Murray Avenue, S.E. Official Tax Nos.: 4122606 Site Area: 0.1542 Acres Existing Zoning: IN, Institutional Proposed Zoning: RM-1, Residential Mixed Density Existing Land Use: Single-Family Dwelling Proposed Land Use: Single-Family Dwelling Neighborhood Plan: Morningside/Kenwood/Riverdale Neighborhood Plan Specified Future Land Use: Single-family and scattered duplex Filing Date: Original Application: March 25, 2008; Amended Application May 1 , 2008 Background On December 5,2005, the subject property's zoning was changed from RM-1, Residential Multifamily Low Density District, to IN, Institutional District as part of the City's comprehensive rezoning. The existing use of that property during the comprehensive rezoning was single-family residential, a use that continues there today. As part of the City's annual review of zoning maps, it became clear that the zoning designation given to this site during the comprehensive rezoning was inconsistent with its use. Therefore, the Planning Commission, by motion on April 17, 2008, is requesting to rezone the property from IN District, to RM-1, Residential Mixed Density District to allow the use of the property as a residence to continue as a conforming use. Considerations Surroundinq Zoninq and Land Use: North South East West Zoning District RM-1, Residential Mixed Densit RM-1, Residential Mixed Densit RM-1, Residential Mixed Densit IN, Institutional District Compliance with the Zoninq Ordinance: Under the property's current zoning, only assembly uses and public, institutional or community facilities are permitted by-right or by special exception. Single- Members of City Council Page 3 June 16, 2008 family dwellings are not permitted, making the existing use nonconforming and subject to Section 36.2-705 of the City's Zoning Ordinance. This section only allows the nonconforming use to operate within the parameters present at the time of the comprehensive rezoning - meaning the intensification of the use is not allowed. Rezoning the property to RM-1 District will remove the residence from its nonconforming status, allowing current and future owners to expand the use. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The Morningside/Kenwood/Riverda/e Neighborhood Plan calls for the preservation of single-family housing. Under its current nonconforming status, alterations to the site would be limited to maintenance alone. Rezoning the subject property to RM-1 District will allow the dwelling to be used and adapted in the same manner as other single-family dwellings in the neighborhood. The following policies of the Morningside/Kenwood/Riverdale Neighborhood Plan are relevant to the application: . Community Design Policies a. Areas between village centers. Single-family residential development will be the primary use pattern. . Economic Development Policies a. Zoning patterns: Zoning patterns will support housing revitalization and desired future residential land use patterns and encourage the preservation of single-family housing. City Department Comments: None. Public Comments: None. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IMay 1, 2008 I !!!ig:!!!!m2!!!!!!!!!!!~I!2E2!il!1I [8] Rezoning, Not Otherwise Listed D Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District lf~~!i!!:~~!1f!!I;!f!:![i)!f;'jii Submittal Number: IAmended Application No.1 D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District Address: 1943 Murray Avenue, S.E. Official Tax No(s).: 14122606 Existing Base Zoning: I (If I. I I II II d' . ) IN, Institutional mu tip e zones, pease manua y enter a Istncts. Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: RM-1, Residential Mixed Density Proposed Land Use: lexisting single family home I D With Conditions [8] Without Conditions Name: loua M Oua I Phone Number: I E-Mail: I I I Address: Property Owner's Signature: I I Phone Number: E-Mail: I I I Phone Number: E-Mail: I e e REZONING NARRATIVE 943 Murray Avenue, S.E., Official Tax No. 4122606 Rezone from IN, Institutional District, to RM-1, Residential Mixed Density District On December 5,2005, the property at 943 Murray Avenue, S.E., was rezoned as part of the comprehensive rezoning for the City of Roanoke. The City Planning Commission believes that the rezoning of the above- mentioned property will put the property in the appropriate zoning district and will further the intent and purposes of the City zoning ordinance and its comprehensive plan in that it will correct the previous zoning and place the subject property in the zoning district which is consistent with its current use. This particular piece of property is currently being used as a single family residence, a use which is permitted in the RM-1, Residential Mixed Density District. e e ADJOINING PROPERTY OWNERS , 943 Murray Avenue, S.E. 4122602 Fellowship Baptist Church 929 Murray Avenue, SE Roanoke, VA 24013 4122607 Alicia D. Broughman 1001 Murray Avenue, SE Roanoke, VA 24013 4122614 Jacquelean F. Brickey 1012 Montrose Avenue, SE Roanoke, VA 24013 412261'.6,4122615 Christopher B. Smith 6749 Hidden Woods Drive Roanoke, VA 24018 1016 Montrose Avenue, SE Roanoke, VA 24013 412203'0 Daniel W. and Dorothy h. Agee 1633 Atkinson Hollow Road Vinton, VA 24179 4122031 Lois Parker McCullough 940 Murray Avenue, SE Roanoke, VA 24013 4122032 Terry L. Allinder 1107 Gearhart Road, SE Roanoke, VA 24014 Map Output e e Page 1 of 1 Proposed R~zoning to Residential Mixed Density District http://gis/servlet/com.esri.esrimap.Esrimap?ServiceName=mke&ClientV ersion=3.1 &For... 03/19/2008 ~~ ~ 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 hearings on Thursday, May 15, 2008, at 1 :30 p.m., or as soon as the matters 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: . Requests from the City Planning Commission to rezone the following properties in order to rezone the properties and place them in zoning districts which are consistent with their current uses: (1) property at 943 Murray Avenue, S.W., Official Tax No. 4122606, from IN, Institutional District, to RM-1, Residential Mixed Use District; (2) property at 2621 Barham Road, S.W., Official Tax No. 1550906, from R-5, Residential Single Family District, to ROS, Recreation and Open Space District; and (3) 2835 Garden City Boulevard, S.E., Official Tax No. 4190704, from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District. Copies of the applications are available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citi.?~I1~ may appear on the above date and be t:i.ll; i) "'.. '. .'....' heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Dev~lopment (' / 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 29 and May 6, 2008 Please bill and 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 ~ ~Y } AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: City Planning Commission - 943 Murray Avenue, SE ) AFFIDAVIT from IN to RM-1 ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) 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 28th day of April, 2008, notices of a public hearing to be held on the 15th day of May, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name 4122602 . Fellowship Baptist Church 4122607 Alicia D. Broughman 4122614 Jacquelean F. Brickey 4122616 Christopher B. Smith 4122615 4122030 Daniel and Dorothy Agee 4122031 Lois Parker McCullough 4122032 Terry I. Allinder 4122606 Edmund J. Kielty -.A1 /J /1 Mailinq Address 929 Murray Avenue, SE Roanoke, VA 24013 1001 Murray Avenue, SE Roanoke, VA 24013 1012 Montrose Avenue, SE Roanoke, VA 24013 6749 Hidden Woods Drive Roanoke, VA 24018 1633 Atkinson Hollow Road Vinton, VA 24179 940 Murray Avenue, SE Roanoke, VA 24013 1107 Gearhart Road, SE Roanoke, VA 24013 943 Murray Avenue, SE Roanoke, VA 24013 /J/7. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk May 30, 2008 Fellowship Baptist Church Ms. Alicia D.Broughman Ms. Jacquelean F. Brickey Mr. Christopher B. Smith Mr. and Mrs. Daniel Agee Ms. Lois P. McCullough Mr. Terry I. Allinder Mr. Edmund J. Kielty Ladies and Gentlemen: Pursuant to provisions of Resolution NO.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 16, 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 City Planning Commission to rezone property located at 943 Murray Avenue, S. E., from IN, Institutional District, to RM~ 1, Residential Mixed Density District, to allow the use of the property as a residence to continue as a conforming use. 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 contact 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 contact the City Clerk's Office at 540-853-2541. Sincerely, ~h1.~ Stephanie M. Moon, CMC City Clerk SMM:ew Adjoining Property Owners May 30, 2008 Page 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 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 June 16, 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: Dear Members of the Commission: Subject: Request from the City Planning Commission to rezone 2621 Barham Road, S.W., Official Tax No. 1550906, from R-5, to ROS, in order to place the property in the district which is consistent with its current use. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 15, 2008. By a vote of 4-0 (Messrs. Manetta, Scholz and Williams absent), the Commission recommends approval of the application. The Commission finds the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Grandin Court Neighborhood Plan. Rezoning the subject property to ROS District is appropriate to the site's existing physical improvements, land use and the surrounding neighborhood. Respectfully submitted, fJ~ !~ Paula Prince, Vice Chair City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Members of City Council Page 2 June 16, 2008 Application Information Request: Rezoning Owner: City of Roanoke Applicant: City Planning Commission City Staff Person: Maribeth B. Mills Site Address/Location: 2621 Barham Road, SW Official Tax Nos.: 1550906 Site Area: 0.8943 Acres Existing Zoning: R-5, Residential Single-Family Proposed Zoning: ROS, Recreation and Open Space Existing Land Use: Community Center Proposed Land Use: Community Center Neighborhood Plan: Grandin Court Neighborhood Plan Specified Future Land Use: Single-Family High Density Filing Date: Original Application: April 15, 2008 Background On December 5, 2005, the subject property's zoning was changed from RS-3, Residential Single-Family District, to R-5, Residential Single-Family District as part of the City's comprehensive rezoning. The existing use of that property during the comprehensive rezoning was a community center, a use that continues there today. Under the property's previous zoning of RS-3 District, community centers were permitted by special exception. As part of the City's annual review of zoning maps, it became clear that the zoning designation given to this site during the comprehensive rezoning was inconsistent with its use. Therefore, the Planning Commission, by motion made at their April 17, 2008, meeting, is requesting to rezone the property from R-5 District, to ROS, Recreation and Open Space District to allow Grandin Court Recreation Center to continue as a conforming use. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North R-5, Residential Single-Family Single-Family Dwelling. South R-5, Residential Single-Family Single-Family Dwelling. East R-5, Residential Single-Family Single-Family Dwelling. West R-5, Residential Single-Family Single-Family Dwelling. Compliance with the Zoninq Ordinance: Under the property's current R-5 zoning, single-family dwellings, group homes, bed and breakfasts, and fire, police and emergency services are permitted by- Members of City Council Page 3 June 16, 2008 right or by special exception. Community centers are not permitted, making the existing use nonconforming and subject to Section 36.2-705 of the City's Zoning Ordinance. This section only allows the nonconforming use to operate within the parameters present at the time of the comprehensive rezoning - meaning the intensification of the use is not allowed. Rezoning the property to ROS District will remove the community center from its nonconforming status, allowing future enhancements to the property. Permitted uses and dimensional standards are very limiting in the ROS District, providing a level of protection to surrounding property owners. In addition to a community center, permitted uses include a botanical garden or arboretum, a park or playground, a community garden, a golf course, outdoor and indoor recreation and a cemetery. Dimensional standards prohibit the construction of any building closer than 30 feet to any property line, a height limitation of 35 feet (same as the R-5 zoning district), and a maximum impervious surface ratio of 15 percent. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The Grandin Court Recreation Center is one of 8 City run community centers in Roanoke. It is a heavily used facility with a meeting room/dance floor, crafts room, game roof, and small kitchen as well as an outdoor playground, ball field, and basketball court. Both Vision 2001-2020 and the Grandin Court Neighborhood Plan call for the continued enhancement of the City's recreational facilities. Under its current nonconforming status, alterations to the site would be limited to maintenance alone. As stated above, rezoning the subject property to ROS District will allow the site to be used to its maximum potential while remaining compatible with the surrounding neighborhood. The following policies of Vision 2001-2020 are relevant to the application: . EC P1. Parks and recreation. Roanoke will develop, maintain, and manage parks and recreation facilities that enhance the City's and region's quality of life. The following policies of the Grandin Court Neighborhood Plan are relevant to the application: . Quality of Life Policies a. Maintain and enhance the recreation, parks and open space. City Department Comments: None. Public Comments: A letter of support was submitted by the Grandin Court Neighborhood Association and Freeda Cathcart, President of the association appeared before the Commission at the public hearing on May 15, 2008, in support of the request. 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 ROANOKE Submittal Number: 10riginal Application' Date: /APr 15, 2008 I ;..:::"m:.";;';,%,:;>:;;;,M).~.M.:";.::.::~::.:,,."%::H"x"',%;,<,:;;'''*";~''''~:W':%?''.;;.;.:i;::'':v,,,-,,:,:::;''',;'''',"i:~:,.:;!:-.~.:,.:;.;:"~".:;;;.~!.??"".,;?,,~;:::,:,;",;;;,,,,...-.-<:;;",;'::::::.:.m;.:.:.;;.'i<'-1"." R.,,~..,~~,..., ."'t.jt'~.....~I"'.'..''''''' .....'II.t.I:::'......I'....' "'. "I'~..'...,.."'t ti';Si~!L';!;~;!;,,~;~!!:;,!!~:!!:~*"";:;!.i;~,~,22"!;!!e.,,1;,,,~Ii!!.!!!!ill! [g] Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District !.~!L~~,!*J!I!!~!~~!~i~:~;. o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 12621 Barham Road, S.W. Official Tax No(s).: 11550906 Existin.g Base Zoning: .. IR-5 Residential Single-Family (If multiple zones, please manually enter all dlstncts.) , Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: IROS, Recreation and Open spaCiI Proposed Land Use: existing City parks and recreation center I 0 With Conditions [g] Without Conditions I Phone Number: I E-Mail: I Name: ICity of Roanoke Address: I I Property Owner's Signature: I Phone Number: Name: ICity Planning Commission E-Mail: I + 1 (540) 853-1730 I I I Phone Number: E-Mail: I Name: /Henry Scholz, Chairman I 1 e e REZONING NARRATIVE 2621 Barham Road, S.W., Official tax No. 1550906 Rezone from R-5, Residential Single Family District, to ROS, Recreation and Open Space District On December 5,2005, the property at 2621 Barham Road, S.W., was rezoned as part of the comprehensive rezoning for the City of Roanoke. The City Planning Commission believes that the rezoning of the above- mentioned City property will put the property in the appropriate zoning district and will further the intent arid purposes of the City's zoning ordinance and its comprehensive plan in that it will correct the previous zoning and place the subject property in the zoning district which is consistent with its current use. This particular piece of property is currently being used as a city recreation center, a use which is permitted in the ROS, Recreation and Open Space District. e Adjoining Property Owners 2621 Barham Road, S.W. 1550902 Christopher Cummings 2618 Weaver Road, SW Roanoke, VA 24015 1550903 Lisa K. Eggleston 2628 Weaver Road, SW Roanoke, VA 24015 1550906 Subject Property 1550913 Charlie and Evelyn Moran 2704 Weaver Road, SW Roanoke, VA 24015 1550914 Collen and Amy Foster 2626 Weaver Road, SW Roanoke, VA 24015 1550915 Rufus Wingfield, et als 2635 Barham Road, SW Roanoke, VA 24015 15509j9 Joseph V. Judy, III 2613 Barham Road, SW Roanoke, VA 24015 1550923 Douglas and Martha Hunley 3333 Pasley Avenue, SW Roanoke, VA 24015 1551015 Joseph Hensley 2616 Barham Road, SW Roanoke, VA 24015 1551016 Ellery and Annie Craighead 2465 Lofton Road, SW Roanoke, VA 24015 1551101 Eric and Tammie Williamson 2466 Lofton Road, SW Roanoke, VA 24015 e Map Output e e Page 1 of 1 Proposed Rezoning to Recreation and Open Space District http://gis/servlet/com.esri.esrimap.Esrimap?ServiceN ame=rnke&ClientV ersion=3.1 &For... 04/1612008 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: City Planning Commission - 2621 Barham Road, S.W.) AFFIDAVIT from R-5 to ROS, Tax No. 1550906 ) 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 28th day of April, 2008, notices of a public hearing to be held on the 15th day of May, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 1550902 Christopher Cummings 2618 Weaver Road, SW Roanoke, VA 24015 1550903 Lisa K. Eggleston 2628 Weaver Road, SW Roanoke, VA 24015 1550913 Charlie and Evelyn Moran 2704 Weaver Road, SW Roanoke, VA 24015 1550914 Collen and Amy Foster 2626 Weaver Road, SW Roanoke, VA 24015 1550915 Rufus Wingfield, et als 2635 Barham Road, SW Roanoke, VA 24015 1550919 Joseph V. Judy, III 2613 Barham Road, SW Roanoke,VA 24015 1550923 Douglas and Martha Hunley 3333 Pasley Avenue, SW Roanoke, VA 24015 1551015 Joseph Hensley 2616 Barham Road, SW Roanoke, VA 24015 1551016 Ellery and Annie Craighead 2465 Lofton Road, SW CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 \ Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk May 30, 2008 Mr. Christopher Cummings Ms. Lisa K. Eggleston Mr. and Mrs. Charlie Moran Mr. and Mrs. Collen Foster Mr. and Mrs. Ellery Craighead Mr. Rufus Wingfield, et als Mr. Joseph V. Judy, III Mr. and Mrs. Douglas Hunley Mr. Joseph Hensley Mr. and Mrs. Eric Williamson Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public h~aring for Monday, June 16, 2008, at 7:00 p.m., or as soon thereafter as the matter may be I 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 City Planning Commission to rezone property located at 2621 Barham Road, S. W., from R-5, . Residential Single-Family District, to ROS, Recreation and Open Space District, to allow the use of the property as a residence to continue as a conforming use. \ 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.~ Stephanie M. Moon, CMC City Clerk SMM:ew K:\Public Hearings\Public Hearings 2008\June 08\L-Atty & Adj Owners June 16082621 Barham Rd,doc Adjoining Property Owners May 30, 2008 Page 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 K:\Public Hearings\Public Hearings 2008\June 08\L-Atty & Adj Owners June 16082621 Barham Rd.doc CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission June 16, 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 the City Planning Commission to rezone 2835 Garden City Boulevard, S.E., Official Tax No. 4190704, from RMF to RM-2, in order to place the property in the district which is consistent with its current use. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 15, 2008. Bya vote of 4-0 (Messrs. Manetta, Scholz and Williams absent), the Commission recommends approval of the application. The Commission finds the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Garden City Neighborhood Plan. Rezoning the subject property to RM-2 District is appropriate to the site's existing physical improvements, land use and the surrounding neighborhood. :Z::Si~ Paula Prince, Vice Chair City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Members of City Council Page 2 June 16, 2008 Application Information Request: Rezoninq Owner: Stanford and Jean Spitler Applicant: City Planninq Commission City Staff Person: Maribeth B. Mills Site Address/Location: 2835 Garden City Boulevard, S.E. Official Tax Nos.: 4190704 Site Area: 0.3769 Acres Existing Zoning: RMF, Residential Multifamily Proposed Zoning: RM-2, Residential Mixed Density Existing Land Use: Dwelling, Single-Family Proposed Land Use: Dwelling, Single-Family Neighborhood Plan: Garden City Neighborhood Plan Specified Future Land Use: Mixed Density Residential Filing Date: Original Application: April 15, 2008 Background On December 5,2005, the subject property's zoning was changed from RM-2, Residential Multifamily Medium Density District, to RMF, Residential Multifamily District along with several other properties in the vicinity as part of the City's comprehensive rezoning. The existing use of that property during the comprehensive rezoning was a single-family dwelling, a use that continues there today. As part of the City's annual review of zoning maps, it became clear that the zoning designation given to this site during the comprehensive rezoning was inconsistent with its use. Therefore, the Planning Commission, by motion made at their April 17, 2008 meeting, is requesting to rezone the property from RMF District, to RM-2, Residential Mixed Density District to allow the use of the property as a residence to continue as a conforming use. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North RMF, Residential Multifamily Multifamily Dwelling. District South CN, Commercial Neighborhood Car Wash. District East R-7, Residential Single-Family Single-family Dwellings and Vacant Lots. West R-7, Residential Single-Family Sinqle-family Dwellinqs. Members of City Council Page 3 June 16, 2008 Compliance with the Zoninq Ordinance: Under the property's current zoning, only two-family dwellings and multifamily dwellings are permitted. Single-family dwellings are not permitted, making the existing use nonconforming and subject to Section 36.2-705 of the City's Zoning Ordinance. This section only allows the nonconforming use to operate within the parameters present at the time of the comprehensive rezoning - meaning the intensification of the use is not allowed. Rezoning the property to RM-2 District will remove the residence from its nonconforming status, allowing current and future owners to expand the use. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Both Vision 2001-2020 and the Garden City Neighborhood Plan encourage a variety of housing types in every neighborhood. There is very little land in Garden City that is zoned for multifamily development so it important that zoning designations permitting this option are maintained. The RM-2 District is appropriate for the subject property as town homes and multifamily dwellings are permitted by right while in addition to single-family dwellings to accommodate the current land use. The following policies of Vision 2001-2020 are relevant to the application: . NH P5. House 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. The following policies of the Garden City Neighborhood Plan are relevant to the application: . Residential Development Policies a. Zoning patterns will reinforce appropriate residential densities. i. Change zoning patterns to encourage appropriate residential density patterns as established by existing development. City Department Comments: None. Public Comments: None. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IAPr 15, 2008 I Submittal Number: 10riginal Application . I "!!:4:~~!!!!f!!~~!S!!~!I~!,~"~!!!eeIil!. ~ Rezoning, Not Otherwise Listed D Amendment of Proffered Conditions D Rezoning, Conditional D Amendment of Planned Unit Development Plan D Rezoning to Planned Unit Development D Amendment of Comprehensive Sign Overlay District D Establishment of Comprehensive Sign Overlay District !~!~~!'~i!i;!IIl!f!rR!~ii'~.,]i'j Address: 12835 Garden City Boulevard, S.E. Official Tax No(s).: 14190704 ROANOKE Existin.g Base Zoning: ., IRMF, Residential Multifamily (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: RM-2, Residential Mixed Density Proposed Land Use: ISing Ie family dwelling I D With Conditions ~ Without Conditions Name: IStanford and Jean Spitler Address: 12835 Garden City Boulevard, S.E. 1 Phone Number: I E-Mail: I I I Property Owner's Signature: Name: ICity Planning Commission 1 Phone Number: + 1 (540) 853-1730 1 I E-Mail: I I I Phone Number: E-Mail: I e e REZONING NARRATIVE 2835 Garden City Boulevard, S.E., Official tax No. 4190704 Rezone from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District On December 5,2005, the property at 2835 Garden City Boulevard, S.E., was rezoned as part of the comprehensive rezoning for the City of Roanoke. The City Planning Commission believes that the rezoning of the above- mentioned City property will put the property in the appropriate zoning district and will further the intent and purposes of the City's zoning ordinance and its comprehensive plan in that it will correct the previous zoning and place the subject property in the zoning district which is consistent with its current use. This particular piece of property is currently being used as a single family residence, a use which is permitted in the RM-2, Residential Mixed Density District. e e Adjoining Property Owners 2835 Garden City Boulevard, S.E. 4190209 Paul and Geneva Doran 2836 Sample Avenue, SE Roanoke, VA 24014 4190210 Raymond and Mandy Blankenship 2572 Haleford Road Moneta, VA 24121 4190211 George and Fannie Ellis 2826 Sample Avenue, SE Roanoke, VA 24014 4190705 Drew H. Kepley 2710 Richelieu Avenue, SW Roanoke, VA 24014 4190706 Thomas and Janice Giles 2847 Garden City Boulevard, SE Roanoke, VA 24014 4260522 4260523 James and Augustine Smith 2354 Woodcliff Road, SE Roanoke, VA 24014 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: City Planning Commission - 2835 Garden City Boulevard, SE) AFFIDAVIT from RMF to RM-2, Tax No. 4190704 ) 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 28th day of April, 2008, notices of a public hearing to be held on the 15th day of May, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailinq Address 4190209 Paul and Geneva Doran 2836 Sample Avenue, SE Roanoke, VA 24014 4190210 Raymond & Mandy Blankenship 2572 Haleford Road Moneta, VA 24121 4190211 George and Fannie Ellis 2826 Sample Avenue, SE Roanoke, VA 24014 4190705 Drew H. Kepley 2710 Richelieu Avenue, SW Roanoke, VA 24014 4190706 Thomas and Janice Giles 2847 Garden City Boulevard, SE Roanoke, VA 24014 4260522 4260523 James and Augustine Smith 2354 Woodcliff Road, SE Roanoke, VA 24014 4190704 Stanford and Jean Spitler 2835 Garden City Blvd, SE Roanoke, VA 24014 ~w k- CiV~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public. in the Citv of Map Output e - Page 1 of 1 "'~"'~\:.,,_.4, 260 5 '2 4 '11~~ Propose Rezoning to Residential Mixed Density District http://gis/servlet/com.esri.esrimap.Esrimap?ServiceName=rnke&ClientV ersion=3.1 &For... 04/16/2008 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk May 30, 2008 Mr. and Mrs. Paul Doran Mr. and Mrs. Raymond Blankenship Mr. and Mrs. George Ellis Mr. Drew H. Kepley Mr. and Mrs. Thomas Giles Mr. and Mrs. James Smith Mr. and Mrs. Stanford Spitler 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, June 16, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, on the request of City Planning Commission to rezone property located at 2835 Garden City Boulevard, S. E., from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District, to allow the use of the property as a residence'to continue as a conforming use. 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, . 'h1.~ Stephanie M. Moon, CMC City Clerk SMM:ew Adjoining Property Owners May 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 . The Roanoke Times Roanoke, Virginia Affidavit of publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10905221 Barham Gard Murray 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 v~'r inia. Sworn and subscribed before me this 1__ __day of Ju~ne 2008. Witness my hand and o icial seal. q'} . r Notar Publ i c i;;i~~-;~p' ;;~~tsaPJ]---_. \\\lIllli", "", "tiE N I"" "'fJ0'Y:. ....... . t.l.O '.. ... " " , ~.. ~ .... NOTARY ". ~ '::. : Qj: PUBLIC "."'~ -:. ~ *! REG. #332963 ~ * ~ = : MY COMMISSION: = =~'. aPIRS :~= ~~'" ~'. ."~: ...... ~ ". ..' <"'>-(:)..~ ...... V;t;/A,......... ~"',' ......,,;V[ALTH Of( "" 1/'''"11\\\' PUBLISHED ON: 05/30 06/06 TOTAL COST: FILED ON: 414.00 06/06/08 r- N 011 CE- OF PUBLIC -- I . I HEARING . , The Council of the City of I Roanoke will hold a public I hearing on Monday, June 16, 12008, at 7:00 p.m., or as 'soon thereafter as the '[mailer may be heard, in the ICouncil Chamber, fourth .floor, in the Noel C. Taylor' IMunicipal 8uilding, 215' :Church Avenue, SeW., IRoanoke, Virginia, to 'consider the following: , 1 Requests from the City Planning Commission to 'rezone the following properties in order to rezone ithe properties and place, Ithem in zoning districts which are consistent with their current uses: (1) iproperty at 943 Murray' IAvenue, S,E" Official Tax No. 14 1 2 2 6 0 6, fro m IN, Institutional District, to; 'RM-1, Residential Mixed, Density District; (2) property at.2621 8arham Road, S.w., 10fficial Tax No. 1550906, from R-5, Residential Single-Family District, to \ROS, Recreation and Open Space District; and (3) 2835 Garden City 80ulevard, S.E" 'Official Tax No. 4190704, .from RMF, Residential IMultifamily' District, to RM-2, 'Residential Mixed Density District. I Copies of the applications 'are available for review in' the Office of the City Clerk, 'Room 456, Noel C, Taylor IMuniciPal 8uilding; 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 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. 22nd day of May, 2008, , Stephanie M, Moon, CMC ! . City Clerk. I 1(~0~05221) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized Signature: ---------------------------, Billing Services Representative s~.~\ ~~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, June 16,2008, 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: Requests from the City Planning Commission to rezone the following properties in order to rezone the properties and place them in zoning districts which are consistent with their current uses: (1) property at 943 Murray Avenue, S.E., Official Tax No. 4122606, from IN, Institutional District, to RM -1, Residential Mixed Density District; (2) property at 2621 Barham Road, S.W., Official Tax No. 1550906, from R-5, Residential Single-Family District, to ROS, Recreation and Open Space District; and (3) 2835 Garden City Boulevard, S.E., Official Tax No. 4190704, from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District. Copies ofthe applications are available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 22fidiay of May ,2008. Stephanie M. Moon, CMC City Clerk. Murray Ave-Barham Rd-Garden City Blvd-rezone .doc Notice to Publisher: Publish in the Roanoke Times on Friday, May 30, 2008 and June 6, 2008. Send affidavit and bill to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 N - Murray Ave-Barham Rd-Garden City Blvd-rezone 0616 08.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 June 18, 2008 Darlene'L. Burcham City Manager Roanoke; Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38145~061608 authorizing an agreement with Eddie Soo Park, d/b/a Tokyo Express, for the lease of approximately 209 square feet of space located within City~owned property known as the City Market Building for the operation of a food service business, fora term of one year beginning July 1, 2008, and extending through June 30, 2009. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. tn, ~6 M/ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist oac IN THE COUNClL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38145-061608. AN ORDINANCE authorizing the lease of 209 square feet of space located within City- owned property known as the City Market Building, for a term of one year beginning July 1, 2008, and extending through June 30, 2009; and dispensing with the second reading ofthis ordinance by title. WHEREAS, a public hearing was held on June 16,2008, pursuant to SS15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Eddie Soo Park, doing business as Tokyo Express, for the lease of approximately 209 square feet of space located within City-owned property known as the City Market Building, for the operation of a food service business, for a term of one year, at a rental rate of $487.67 per month, beginning July 1, 2008, and extending through June 30, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated June 16,2008. 2. The City Manager and the City Clerk are further authorized to execute and attest, respectively, an amendment to the existing sublease agreement between Sejin Lee Kim and Eddie Soo Park providing that such sublease shall expire on June 30, 2008. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: -':,...'..' ~ ~Ol\"'" , I-.i~'. 'JYV j,' '/ . ,: . qltY~lerk. . . " \', i " 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 June 16, 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: New Space Assignment and Lease Agreement for Tokyo Express Located in the City Market Building Background: The City and Sejin Lee Kim entered into an Assignment of Lease Agreement on May 12, 2003, for the lease of approximately 182 square feet of space in the City Market Building to operate a food service restaurant doing business as Tokyo Express. Pursuant to Section 30 of the Lease Agreement, prepared by Advantis, the former management company for the Market Building, the tenant, Sejin Lee Kim, sold Tokyo Express to Eddie Soo Park. Mr. Park then signed a sublease agreement with the City of Roanoke on May 5, 2008. The sublease agreement expires December 31 , 200~. Due to HVAC issues caused by the grease build up in the leased space, the City and the sub-tenant, Mr. Park, desire to relocate that business to a new location, being Stall #134, which comprises approximately 209 square feet of space. The existing sublease agreement will be amended to expire June 30, 2008. The new lease term is for one year, effective July 1, 2008. The proposed agreement establishes a base rent of the following: . . . ./ y~ " " Honorable Mayor and Members of City Councii June 16, 2008 Page 2, 2008 Period Per Square Monthly Rent Annual Rent Foot Amount Amount 7/01/08 to 6/30/09 $28.00 $487.67 $5,852.04 The Common Area Maintenance fee is $300.00 per month. There is no renewal provision in this lease. Recommended Action: Authorize the City Manager to execute a lease agreement with Eddie Soo Park, doing business as Tokyo Express, for approximately 209 square feet of space in the City Market Building located at 32 Market Square, Roanoke, Virginia, for a period of one (1) year, effective July 1, 2008, and expiring June 30, 2009, to operate a food service business, and to execute such other documents as may be necessary, including an amendment to the sublease, as described above. Respectfully submitted, Darlene L. Bur City Manager DLB:c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00 1 00 LEASE Between THE CITY OF ROANOKE And Tokyo Express /' c: \DOCUME-l \CMJBl \LOCALS..! \TEMP\NOTESFFF692\TOKYO' S LEASE. DOC ;:. LEASE INDEX HEADING PAGE PREMISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE 2 LANDLORD OBLIGATIONS 2 TENANT'S OBLIGATIONS 3 USE OF PREMISES 3 EXCLUSIVITY 4 ASSIGNMENT AND SUBLETTING 4 1M PROVEM ENTS 4 SURRENDER OF PREMISES 4 INSPECTION 4 INSOLVENCY OR BANKRUPTCY OF TENANT 4 TRANSFER OF LANDLORD'S INTEREST 5 ESTOPPEL CERTIFICATE 5 DAMAGE TO THE PREMISES 5 DEFAULT OF TENANT 6 CON DEM NATION 6 COVENANTS OF LANDLORD 6 NO PARTNERSHIP 7 BROKERS COMMISSION 7 NOTICES 7 HOLDING OVER 7 BENEFIT AND BURDEN 7 GENDER AND NUMBER 7 ENTIRE AGREEMENT 7 C\DOCU ME-l \CMJBl \LOCALS-l \ TEMp\NOTESFFF692\ TOKYO'S LEASEOOC I :~. INVALIDITY OF PARTICULAR PROVISIONS 7 HAZARDOUS SUBSTANCES 7 INSURANCE 8 SECURITY DEPOSIT 9 L INDEMNIFICATION 9 COMPLIANCE WITH LAWS AND REGULATIONS 10 FORUM SELECTION AND CHOICE OF LAW 10 FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 10 DRUG-FREE WORKPLACE 10 RULES AND REGULATIONS 11 SIGNAGE 11 GUARANTY 11 LIABILITY OF LANDLORD 11 TENANT IMPROVEMENTS 11 BUSINESS HOUR MODIFICATION 11 Exhibit A Floor Plan Exhibit B Common Area Floor Plan Exhibit C Menu , Exhibit D Rules and Regulations Exhibit E Sign Regulations Exhibit F Guaranty C\DOCUME-! \CMJB 1 \LOCALS-' \ TEMP\NOTESFFF692\ TOKYO'S LEASE. DOC II LEASE THIS LEASE is made this ____day of ____________________2008 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Tokyo Express, (hereinafter referred to as 'Tenant"), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the "Building") located at 32 Market Square, Stall #134, Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises." The Premises consists of approximately 209 square feet of space. 2. TERM The term of this Lease shall commence on furv 1. 200~ ("Commencement Date") and shall expire at 11 :59 o'clock p.m. on lune 30, 200.9.. A key will be given to Tenant upon execution of the Lease. 3. BASE RENT: ESCALATIONS The base rent for the first year of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Premises for each ear of the Lease accordin to the followin schedule: Period Per Square Monthly Rent Annual Rent Foot Amount Amount 7/01/08 to $28.00 $487.67 $5852.04 6/30/09 If the Commencement Date is other than the first day of the month, the first year of the Lease term shall be deemed to be extended to include such partial month and the following twelve (12) months, so as to end on the last day of the month. In the event the Commencement Date is other than the first day of a calendar month, the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided , hereunder) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately wpon the commencement of the Term. On the first anniversary of the Lease, and upon each successive anniversary thereafter, the monthly rent for the next twelve (12) months shall be increased by three percent (3%) of the previous year's monthly rental. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5%) of such total monthly rent payment. All delinquent rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus two percent (2%) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay rent to Landlord at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other party or at C\DDCUME-l \C~Bl \LOCALs-l \TEMP\NOTEsFFF692\TOKYO's LEASE. DOC 1 such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ("Common Area Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of Three Hundred Dollars ($300.00) per month. These fees will increase by three (3%) percent upon each anniversary of this Lease. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems, (i) lighting, U) sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and/or comply with governmental and/or environmental and hazardous waste matters(excluding Tenant's Premises) (I) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance,! costs of personnel required to provide such services, (0) All costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. 5. LANDLORD'S OBLIGATIONS responSible for the following: Landlord hereby agrees to provide and be (a) make all structural and capital repairs and replacements to items in the C:\DOCUME-l \CMJBl \LOCALS-' \TEMP\NOTESFFF692\ TOKYO'S LEASE. DOC 2 Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Ten ant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution of the Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the term in as good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. , 7. USE OF PREMISES The Premises shall be used for the purpose of conducting therein the sale of Restaurant serving Japanese Cuisine. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of 1 0:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended by Landlord and (ii) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of Landlord. Tenant shall not open the Building to the public outside of the customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving Japanese Cuisine as outlined in attached menu noted as Exhibit "C". Tenant must obtain written approval of Landlord before adding any item, other than soft drink beverages, to its menu and shall pay a $100 per item to the Landlord if Tenant does not obtain such approval. If menu changes persist beyond thirty (30) days without the written C:\DDCUME- 1 \CMJ B 1 \LOCALS- 1 \ TEMP\NOTESFFF692\ TOKYO'S LEASE. DOC 3 approval ofthe Landlord the tenant is thereby in default of its Lease. Landlord and Tenant acknowledge that it is the intent ofthe parties that current and prospective tenants of the Building not be allowed to market products that would impair the sales of the other tenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion of the Landlord, or which will in the opinion of the Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales; such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this Lease upon the terms of such offer, whereupon landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. 11. SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or ,equipment without Landlord's prior written consent: any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings!; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused thereby. Any personal property remaining in the Premises at the expiration ofthe Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination ofthe term of this Lease. 12. INSPECTION Tenant will permit Landlord, or its representative, to enter C\DOCUME-l \CMJBl \LOCALS-l \ TEMP\NOTESFFF692\ TOKYO'S LEASE.DOC 4 \ the Premises, upon reasonable notice to Tenant, without charge thereofto Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and/or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (120) days of the term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article 17 hereof. 14. TRANSFER OF LANDLORD=S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions ofthis Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (10) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates ofthe Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has i commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party containE;d in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ij) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease; and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease. C:\DOCUME-l \CMjBl \LOCALS-l \TEMP\NOTESFFF692\ TOKYO'S LEASE. DOC 5 16. DAMAGE TO THE PREMISES Ifthe Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as' soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the' Premises and multiplied by the square foot area that the Tenant is able to occupy. 17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this Lease and such failure to pay Rent or such violation or failure shall continue for a period often (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re-enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration ofthe term of this Lease by reason of Ten ant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination ofthe term ofthis Lease, Landlord shall use its best efforts to relet the Premises on ; the best rental terms reasonably available under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall,be liable for any deficiency in rent. Any damage or loss of rental sustained by Lanci'lord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. 18. CONDEMNATION If any part ofthe Building or a substantial part ofthe Premises shall be taken or condemned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any publiC or quaSi-publiC use or purpose, the rentshall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against C:\DOCUME- 1 \CMjB 1 \LOCALS- 1 \ TEMp\NOTESFFF692\ TOKYO'S LEASE. DOC 6 landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the lease. For purposes of this Article 18, a substantial part of the Premises shall be considered to have been taken if more than fifty percent (50%) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD landlord covenants that it has the right to make this lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all of the covenants, terms and conditions of this lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by landlord or any party claiming through or under landlord. 20. NO PARTNERSHIP nothing contained in this lease shall be deemed or construed to create a partnership or joint venture of or between the landlord and Tenant, or to create any other relationship between the parties hereto other than that of landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first-class postage prepaid, (i) if to landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011, Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Square. SE, unless notice of a change of address is given pursuant to the provisions of this Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration ofthe term hereof, lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the lease plus all other charges accruing under this lease, and subject to all covenants, provisions and conditions herein contained. landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other i action based on holdover. . 24. BENEFIT AND BURDEN The provisions of this lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 26. ENTIRE AGREEMENT This lease, together with any exhibits attached hereto,"'contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this lease and exhibits, shall not be of any force or effect. This lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or C:\DDCUME-l \CMjBl \lOCAlS-l \ TEMP\NOTESFFF692\ TOKYO'S lEASE. DOC 7 unenforceable, shall not be affected thereby, and each provision ofthis Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi-governmental or regulatory authorities ("Laws") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively"Waste"). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occupying orusing the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the Premises and Tenant's use ofthe Premises, including the right to review paperwork rassociated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to Landlord concurrent with Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed to all Laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies C:\DDCUME-l \CMJB 1 \LDCALS-l \ TEM P\NOTESFFF692\ TOKYO'S LEASE. DOC 8 satisfactory to Landlord and will be maintained throughout the course of Ten ant's work at Tenant's cost and expense and Oi) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, which insurance shall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all ofthe insurance policies required underthis Lease, and their renewal or replacement, shall be delivered to Landlord promptly without demand upon the commencement ofthe term of this Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the poliCY without thirty (30) days prior written notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of the rent in the last month of the Lease with the Landlord before the commencement of this Lease. Such deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions of the Lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be ove~due and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid, the Landlord may, at the option of Landlord, appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure of Ten ant to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant, then the Landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the Landlord for loss of damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of such terms, covenants and conditions and promptly pay the entire rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such C:\DOCUME-l \CMJBl \LOCALS-l \ TEMp\NOTESFFF692\TOKYO'S LEASE. DOC 9 deposit shall be returned in full to Tenant at the end of the Lease Term or upon the earlier termination of this Lease. 31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use ofthe Premises caused by any act or omission, whether intentional or otherwise, of Tenant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 34. FORCE MAJEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EOUAL EMPLOYMENT OPPORTUNITY: During the performance, of this Agreement, Tenant agrees as follows: (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. (c) Tenant will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 36. DRUG-FREE WORKPLACE: C:\DOCUME-l \CMJBl \LOCALS- 1 \TEMP\NOTESFFF692\ TOKYO'S LEASE. DOC 10 :~. (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a 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 Agreement. 37. RULES AND REGULATIONS Tenant agrees to comply and adhere to landlord's rules and regulations concerning the Building as stated in the attached Exhibit "D" attached hereto and made part of this lease 38. SIGNAGE Tenant agrees to comply and adhere to landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of this lease. 39. GUARANTY By virtue of entering into this lease, Tenant agrees to have executed the Guaranty contained in Exhibit "F" attached hereto and made part of this lease. Such Guarantor(s) shall first be approved by landlord in writing. Tenant agrees to provide information concerning Guarantor(s) to landlord upon request. 40. LIABILITY OF LANDLORD landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising 'from the necessity of repairing any portion of the Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, or the termination of this lease by reason of the destruction ofthe Premises, or from any fire, robbery, theft, and/or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing work in the Building, or from any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and landlord shall not in any manner be held responsible therefore. The employees of landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of landlord. LANDLORD: C:\DOCUME-l \CMJBl \LOCALs-l \ TEMP\NOTEsFFF692\TOKYO's LEASE. DOC 11 Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness Signature Witness Printed Name CITY OF ROANOKE By: Print Name: Darlene Burcham Title: City Manaqer TENANT: By: Print Name: Francine Barish-Stern Bray Title: President. Owner SS#: EXHIBIT A FLOOR PLAN C\DOCUME-l \CMJBl \LOCALs-l \TEMP\NOTESFFF692\TDKYO's LEASE. DOC 12 EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C:\DOCUME-l \CMJB 1 \LOCALS-l \ TEM P\NOTESFFF692\ TOKYO'S LEASE. DOC 13 EXHIBIT C MENU Attach here if Food Court Tenant C:\DDCUME-l \CMjBl\LDCALs-l\TEMp\NDTESFFF692\TDKYD's LEASE. DOC 14 Intentionallv Omitted EXHIBIT D RULES AND REGULATIONS 1. All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. C:\DOCUME-l\CMJBl \LOCALS-I\ TEMP\NOTESFFF692\TOKYO's LEASE. DOC 15 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air-filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. 10. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. C\OOCUME-l \CMjBl \lOCAl5-1 \ TEMp\NOTESFFF692\ TOKYO'S lEASE.OOC 16 :!. EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building including the directories, in place, number, size, color and style, unless approved by landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high-quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from landlord, Tenant shall immediately refrain from and discontinue any such advertisement. EXHIBIT F C:\DOCUME-l\CMjBl \LOCALS-l\ TEMP\NOTESFFF692\ TOKYO'S LEASE. DOC 17 . . GUARANTY PERSONAL GUARANTEE Intentionally Omitted C:\DOCUME-l \CMJB1\LDCALS- 1 \TEMP\NOTESFFF692\TOKYO'S LEASE. DOC 18 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \111.""'" I ",,~ p.. LA, YI/,f~'II, I ......~Q ......~/....'1-- "... I ~ .;;- '-:'\o-r. p..?>. ' ". -:. I 2 ~ ... "u?>\.\c ". ~ ~ = CO : ? #10909~~ ': 4: -= I = :. ~~G. ~~\SS\v : ~ : I ~ ~ "". ~'{ c~~\?-t: ..:\: <5 : I -:. ~'. a: .' ~ ~ I -:. 0, .".. ..... <. '" .... TOTAL COST: 168.00 ...... ~4t,""""" '\)".... I FILED ON: 06/06/08 "" ONWE~!'i\..\~ "" I 111""111.':"\\\ --------------------------------------------------+------------------------ OFFICE OF ECONOMIC 117 Chruch Avenue Roanoke VA 24011 DEVELOPMENT REFERENCE: 80084300 10922503 Tokyo Agreement 32 M State of Virginia City of Roanoke I, (the unders igned) an authori zed representa t i ve of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virg~~ia. Sworn and subscribed before me this __~t~day of June 2008. Witness my hand and official seal. ~ ' Cl. Notary Public M~pi~;s _____=I~~lt------. PUBLISHED ON: 06/06 Authorized Signature: NOTICE OF PUBLIC i HEARING The City of Roanoke proposes to lease /approXimatelY 209 square feet of space of City-owned property located in the I Roanoke City Market IBuilding, located at 32 Market Square, to Eddie Soo Park to be used as a food lcourt business, for a one ,year term. I Pur su ant tot he' Ir e qui rem e n t s 0 f ~~15.2-1BOO and 15.2-1813, Code of Virginia . ,(1950) as amended, notice !Is hereby given that the City ,Council of the City of 'Roanoke will hold a public 'hearing on the above matter at its regular meeting to be 'held on June 16, 2008, . commencing at 7:00 p.m., In the Council Chambers, 4th Floor, Noel C.Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541: Citizens shall have the opportunity to be heard and express their opinions on ' said matter. . I If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on June 12, 2008. GIVEN under my hand this 3rd day of June, 2008. Stephanie M. Moon, CMC . City Clerk. I (10922503) Billing Services Representative ~QC NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 209 square feet of space of City-owned property located in the Roanoke City Market Building, located at 32 Market Square, to Eddie Soo Park to be used as a food court business, for a one year term. Pursuant to the requirements of 9915.2-1800 and 15.2-1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on June 16,2008, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office ofthe City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on June 12,2008. GIVEN under my hand this -..3rd day of June, 2008. Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, June 6,2008. 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 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2715 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk June 18, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham I am attaching copy of Ordinance No. 38146-061608 authorizing placement of a Deed of Reservation on City-owned property designated as Official Tax Nos. 1230301, 1221301, 1221406, and 1322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement in connection with the Roanoke River Flood . Reduction Project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 2008, and is in full force and effect upon its passage. Sincerely, - (n. m&-N Stephanie M. Moon, CMC. {'" City Clerk SMM:ew Attachment pc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P. E., Director of Public Works Philip C. Schirmer, PE, LS, City Engineer (J~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No.. 38146-061608. AN ORDINANCE authorizing the placement of a deed of reservation on City owned property designated as Tax Map Numbers 1230301, 1221301, 1221406, and 1322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions, and dispensing with the second reading ofthis ordinance by title. WHEREAS, a public hearing was held on June 16,2008, pursuant to 99 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approyed by the City Attorney, the necessary documents to place a deed of reservation on City owned property designated as Tax Map Numbers 1230301, 1221301, 1221406, and 1322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement in connection with the Roanoke River Flood Reduction Project, upon the terms and conditions set forth in the City Manager's letter to Council dated June 16,2008. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: '. .. ." '. J"",. M(JnV -J..I-.I1'~r' I C A~I~Fk.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 June 16, 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: Deed of Restrictions as part of the Roanoke River Flood Reduction Project Tax Map Parcel Numbers #1322024, #1230301, #1221301 and #1221406 Background: Construction of Phase 1 of the Roanoke River Flood Reduction Project, from the Waste Water Treatment Plant upstream to Wasena Park, is nearing completion. The next part of the project, Phase 2, will be constructed from Hannah Court to the Salem border. Phase 2 will begin with channel improvements on City owned property at Hannah Court and under Memorial Bridge. As part of the Local Cooperation Agreement with the U.S. Army Corp of Engineers (USACE), the City must place a deed of reservation on the above referenced parcels to allow the placement of certain trail and channel improvement easements, ingress/egress easements, and temporary construction easements on certain City owned land targeted for construction. Considerations: The Deed of Reservation for the Roanoke River Flood Reduction will limit the use of approximately 2.3718 acres of land out of a total 4.7151 acres on tax map parcel #1322024, approximately 5.396 acres of land out of a total 13.390 Honorable Mayor and Members of City Council June 16, 2008 Page 2 acres on tax map parcel #1221406 in and grant an easement for ingress and egress on approximately 0.5933 acres of land out of total 6.8549 acres on tax map parcel #1230301, in perpetuity. The Deed of Reservation will'.also create dac temporary construction easement across approximately 7.4832 acres of land out of a total 13.3904 acres on tax map parcel #1221406 and approximately 1.3928 acres of land out of a total 2.3247 acres on tax map parcel #1221301. The temporary construction easement will expire upon the completion of the Roanoke River Flood Reduction Project. The Deed of Reservation will be substantially similar to the Draft Deed attached to this letter, which Deed is to be approved as to form by the City Attorney. Recommended Action: Authorize the City Manager to execute and record, and the City Clerk to attest, respectively, on behalf of the City of Roanoke, a Deed of Reservation substantially similar to the one attached to this letter, and any documentation required by the USACE and to take further action and execute such other documents as may be necessary for USACE approval of the flood reduction project, with such documents 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 Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer CM08-00105 Exemption claimed: Grantor and Grantee are exempted from recordation taxes and fees pursuant to ~~58.1-811A(3), (C)(3) and (C)(4), Code of Virginia. Prepared by the Office of City Attorney Official Tax Nos. 1322024,1230301, 1221301, 1221406 . THIS DEED OF RESERVATION, is entered into this _ day of ,2008, by the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), and "Grantor", on behalf of itself. WIT N E SSE T H: WHEREAS, the City is currently the owner of certain property located in the City of Roanoke and shown on the easement plats referenced below; and WHEREAS, the City desires to reserve an easement for a flood control channel and/or flood protection levee across the property. NOW, THEREFORE, the City does hereby reserve unto itself its successors and assigns, the following described right and easement to-wit: A perpetual RIGHT and EASEMENT to construct, install, improve, operate, inspect, use maintain, and repair or replace a flood control channel and/or flood protection levee or similar structure, together with all appurtenant structures thereto and channel improvement works thereon, including without limitation the right: 1. To clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements and/or other obstructions there from; 2. To enter onto the hereinafter described easement area with personnel, vehicles and equipment; 3. To excavate, dredge, make bench cuts upon, cut away, and remove any or all land within said easement, and to place thereon dredge or spoil material; 4. To use from the easement area earth, rock, sand, gravel, and any other material for the construction, maintenance and repair of embankments and appurtenant structures; 5. To make all necessary earth fills; 6. To relocate any existing drainage pipes or structures currently within the easement area being granted, to the Grantor's land outside of this easement area; 7. To construct, maintain, repair operate, and replace any flood control walls, levees or similar structures including any and all appurtenances and related improvements; 8. To construct, maintain, operate, inspect and repair or replace a drainage system and related improvements including slope( s), if applicable; 9. To grade and slope the easement area; and 10. For such other purposes as may be necessary in connection with said flood control purposes; upon, over, under and across a portion ofthat certain real property of Grantor lying and being in the City of Roanoke, Virginia, described collectively as (the "Property") and more particularly described as follows, to-wit: Tax MaD No. 1322024 A RESERVATION EASEMENT containing 2.3718 acres, more or less, as more particularly shown on a plat entitled, "Roanoke River Flood Reduction Project Showing A New Reservation Easement by the City of Roanoke From;the City of Roanoke Situated Adjacent to Memorial Avenue," prepared by Lumsden Associates, P.C., dated April 25,2008, recorded in the Clerks' Office of the Circuit Court for the City.of Roanoke in Map Book , page , incorporated by reference and made a part hereof, Tax MaD No. 1230301 AN INGRESS/EGRESS EASEMENT containing 0.5993 acres, more or less, as more particularly shown on a plat entitled, "Roanoke River Flood Reduction Project Showing A Ingress/Egress Easement Through "Ghent Park" by the City of Roanoke From the City of Roanoke Situated Adjacent to Memorial Avenue" prepared by Lumsden Associates, P.C, dated April 25, 2008, recorded in the Clerks' Office of the Circuit Court for the City of Roanoke in Map Book , page , incorporated by reference and made a part hereof, and Tax MaD No. 1221301 & 1221406 A TEMPORARY CONSTRUCTION EASEMENT over a portion of those certain parcels of real estate designated as Track A and containing 7.4832 acres more or less and Track B containing 1.3928 acres, more or less, as more particularly shown on a Plat entitled, entitled, "Roanoke River Flood Reduction Project Showing A Temporary Construction Easement by the City of Roanoke From the City of Roanoke Situated Adjacent to Hannah Circle" prepared by Lumsden Associates, P.C., dated April 24, 2008, recorded in the Clerks' Office of the Circuit Court for the City of Roanoke in Map Book , page , incorporated by reference and made a part hereof; such easement to expire upon completion of the Roanoke River Flood Reduction Project, and Tax MaD No. 1221406 A RESERVATION EASEMENT over a portion of that certain parcel of real estate, containing 5.396 acres, more or less, as more particularly shown on a Plat entitled, "Roanoke River Flood Reduction Project Showing A Reservation Easement by the City of Roanoke From the City of Roanoke Situated Adjacent to Hannah Circle" , January 9, 2007, recorded in the Clerks' Office of the Circuit Court for the City of Roanoke in Map Book , page , incorporated by reference and made a part hereof. The United States Army Corps of Engineers, and that Grantor and/or its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building, structure, pavement or sidewalks, fence, trees and shrubbery, or other improvements of any kind whatsoever shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. The Grantor acknowledges that the plans for the Roanoke River Flood Reduction Project (the "Project") as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The Grantor acknowledges that no representations have been made regarding the 3 scope of flood reduction that the Property will enjoy as a result ofthe Project, and said reduction in flooding shall in no way constitute consideration for this grant of easement. The easement herein granted is in addition to, and not in lieu of, any easement or right of way now in existence or which may be acquired in the future. Grantor agrees that nothing herein shall be deemed to constitute a waiver or modification of sovereign immunity or other similar protection enjoyed by Grantor. The Grantor hereby represents and warrants to the best of Grantor's knowledge that: (1) There are no abandoned wells, agricultural drainage wells, solid waste disposal areas or underground storage tanks located in or about the property; (2) There is and has been no hazardous waste stored, generated, treated, transported, installed, dumped, handled or placed in or about the Property; (3) At no time have any federal or state hazardous waste cleanup funds been expended with respect to any of the Property; (4) There has never been any solid waste disposal site or underground storage tank located in, on or about the Property, nor has there been any release from any underground storage tank on real property contiguous to the property which has resulted in any hazardous substance coming in contact with the Property. (5) The Grantor has not received any directive, citation, notice, letter or other communication, whether written or real, from the Environmental Protection Agency, the Virginia Department of Environmental Quality, any other governmental; agency with authority under any Environmental Laws or any other person or entity regarding the release, disposal, discharge or presence of any hazardous waste on the Property, or any violation of any Environmental Laws; and (6) To the best of Grantor's knowledge, neither the Property nor any real property contiguous to the Property nor any predecessors in title to the Property are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any Environmental Laws. Grantor is relying on the foregoing representations and warranties in its reservation of this easement, and the environmental indemnifications set forth in the following paragraph shall survive 4 the execution and recording of this deed. In addition, the foregoing representations and warranties in ( this deed shall not be affected by any study, investigation or inspection ofthe Property by the Grantor or Grantor's agents. The grant and provisions of this Deed of Reservation shall constitute a covenant running with the land for the benefit of the Grantor, its successors and assigns forever. To have and to hold unto the Grantor, its successors and assigns forever. Approval of this instrument as to form by the Office of the Roanoke City Attorney, along with the recordation of this instrument constitutes Grantors's acceptance of the real estate conveyed herein. WITNESS the following signatures and seals: CITY OF ROANOKE VIRGINIA ATTEST: By: (SEAL) Darlene L. Burcham, City Manager Stephanie M. Moon, CMC COMMONWEALTH OF VIRGINIA ~ ~ To-wit: CITY OF ROANOKE S The foregoing instrument was acknowledged before me this ~ day of 2008 by Darlene L. Burcham, City Manager of the City of Roanoke, for and on behalf of the City. My Commission expires: Notary Public L:IENGINEERlNG\COMMONlADMINISTRATIVE D1VISION\COUNCIL REPORTSIPUGHI6. 16.0~EED OF RESERVATION RESER-CITY (RRPHASE2).DOC m DATE: ~ January 9, 2008 m COMM. NO.: 'l 07-364 SCALE, 1" - 80' o s: ~ '"' IlJ ~ z '"' '"' '" 1- "'U G) w: \drawlngs\200 7\07364 \sur' 07 364base.dwg c: / , ~ / f..~ \O~y 11>' I \>0 ~ '5 \ \ ~ ~ "'. 'd\ ~ ::: ?... '~. \" ~ " 't. "'<;j, '. 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BOX 20669 ROANOKE, VIRGINIA 24018 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- CITY OF ROANOKE, ENGINEERING 215 CHURCH AVE RM 350 ROANOKE VA 24011 REFERENCE: 80022630 10922488 Deed of Reservation State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~~_day of June 2 08. Witness my hand and official seal. PUBLISHED ON: 06/06 \\',,",,,,,, \\\" ~ A LA}-: "'" .... ~O: ....... itt. '.. ~"9::~"'NOTARY""':91,- ~ : lQ ;' PUBLIC ". ~ = f REG. #7090930 ': * : =. *:. MY COMMISSION : ~ = ~ C' '. EXPIRiS \ : ~: ~ a ". 'C'Y~ :i.... ~: ... ~~ . . '\.<:r", .... , .. .. .~-, ...... > , VA, ....... <.~~\.... "" 'vlA,c Ll C\\ ...... ,., " YVcAL1 f\ V,," I" , , II IIII \ \ \" . " TOTAL COST: FILED ON: 177.00 06/06/08 I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I r~N '- " OnCE OF PUBLIC -1- : HEARING The C't . proPoses't! of Roanoke reservaiion ~'~cN d.eed of MProperty designaleYd oWned ap Nu b as Tax 122130r i~~f230301. 1322024 406, anr .placeme to aI/ow the II anq chan~~f~ certain trail easements . Improvement I easements 'a~~gress/egress I construction a temporary ) connection withe~seRment in . /Rlver Flo.Od R e oanoke Project. eduction. Pur sui :requ'ir ant. to thei I ~~15 2 e m e. n t s 0 fl Code dft~OO(~) and 1813 . amended "gln,a (~950), as!' . I given that'the"g1e 's hereby . the City of R I Y Council of I' a pUblic h oan~ke will hold above matt:ranng on the i meeting to be ~t I,ts regular /16 2008. e d on June 17:00 p m' c.ommenclng at IChambe~s'"the Council Municipal Bu~~~ Floor, jChurCh Aven lng, 215 ' Roanoke Vir . ~e, S,W., ; . in.filrmati~nis.g:I~I,a,oJ.urther. .the.Pfficeof ava, ~lile from' fONhe.City o:h~ C,ty, Clerk (54.0) 853-254:i:: oanoke at I CItizens sh j., i.opporlunitYlO g hhave the express the' e. ,,-ard and said matter. "OPInIons on . If you are . l'diSabi/ltya pehson with a accommod w 0 needs 'hearing I atlons for this City Cle~f.:6~~' Contact the 1853-2541 b Ice .at (540) I noon on Jun~ 1~f~re 12:00 /. GIVEN und ,008. . 3rd day of Ju~~ '%oh8and this , Stepha I ' " : n e M, Moon, CMC 1 City Clerk, i (10922488) / k~, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized Signature:~_ -----------------------, Billing Services Representative ~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to place a deed of reservation on City owned property designated as Tax Map Numbers 1230301, 1221301, 1221406, and 1322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement in connection with the Roanoke River Flood Reduction Project. Pursuant to the requirements of 9915.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on June 16,2008, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on June 12,2008. GIVEN under my hand this 3rd day of June ,2008. Stephanie M. Moon, CMC City Clerk. C:IDOCUME-IICLCMJ ILOCALS- J ITEMPINOTESE I EF341-6565257.DOC Notice to Publisher: Publish in the Roanoke Times on Friday, June 6, 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: Philip C. Schirmer, City Engineer 215 Church Avenue, S. W., Room 350 Roanoke, Virginia 24011 (540) 853-2731 Fax: (540) 853-1364 K:\NOTICES\2008\JUNE 08\N - DEED OF RESERVATION ROANOKE RIVER FLOOD REDUCTION PROJECT 061608.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 CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 18, 2008 Roger Vest, Vice President of Real Estate Development Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, Virginia 24017 Dear Mr. Vest: At a regular meeting of Roanoke City Council held on Monday, June 16, 2008, Council voted to reverse the decision of the City of Roanoke Architectural Review Board and to grant the request for a Certificate of Appropriateness for the demolition of a residential family structure at 806 Marshall Avenue, S. W. Sincerely, -~ · chv' Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning Building and Development Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Planning Administrator Erica Taylor, Agent, Architectural Review Board ,( {7~ ,\ ~ #(Q,V"lC SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A RESIDENTIAL FAMILY STRUCTURE AT 806 MARSHALL AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at a hearing on December 17,2007, and today's meeting, I move that the decision of the City of Roanoke Architectural Review Board on October 11, 2007, be reversed and that a Certificate of Appropriateness be issued for the demolition of a residential family structure at 806 Marshall Avenue, S.W., as set forth in the Petition for Appeal, on the grounds that pursuant to Section 36.2-33l(e) of the Code of the City of Roanoke (1979), as amended, the purpose and necessity of the proposed demolition are in accordance with the intent of the H-2, Historic Neighborhood Overlay District, the loss of the structure would not be adverse to the district or the public interest by virtue of the structure's uniqueness or its contribution to the district, and the proposed demolition would not have an adverse effect on the character and surrounding environment of the district." Or SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A RESIDENTIAL FAMILY STRUCTURE AT 806 MARSHALL AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at a hearing on December 17,2007, and today's meeting, I move that the decision of the City of Roanoke Architectural Review Board on October 11, 2007, be affirmed and that no Certificate of Appropriateness be issued for the demolition of a residential family structure at 806 Marshall Avenue, S.W., as set forth in the Petition for Appeal, on the grounds that pursuantto Section 36.2-33l(e) of the Code of the City of Roanoke (1979), as amended, the purpose and necessity of the proposed demolition are not in accordance with the intent ofthe H-2, Historic Neighborhood Overlay District, the loss of the structure would be adverse to the district or the public interest by virtue of the structure's uniqueness or its contribution to the district, and the proposed demolition would have an 'adverse effect on the character and surrounding environment of the district." MOTIONS- 806 Marshall Ave,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 June 16, 2008 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman 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: Roanoke Redevelopment and Housing Authority Appeal of Architectural Review Board Decision 806 Marshall Avenue, S.W. Background: The residential structure at 806 Marshall Avenue, SW, has deteriorated over many years to a state that is beyond feasible repair. The house was condemned and boarded up on August 25, 1988. Over the course of two decades it has had several owners, none of whom have performed any maintenance or repairs. Code enforcement staff indicated they had not been able to make contact with or locate the previous owners in order to compel compliance with building maintenance codes. A Building Maintenance inspection conducted on September 06, 2007 shows that virtually every aspect of the structure is deficient, including the foundation, roofing, and structural members. The property was to be sold at publkauction due to unpaid taxes in May 2006. In order to prevent another owner from allowing the house to remain in its current state, the City provided funds to the Roanoke Redevelopment and Housing Authority to acquire the property. The purchase price was $9,450. Honorable Mayor Harris and Members of City Council June 16, 2008 Page 2 Immediately after the purchase, the City began exploring options for rehabilitation. The Department of Housing and Neighborhood Services sponsored two meetings with neighborhood stakeholders to discuss the future of the property. The City worked with two reputable contractors who are experienced with rehabilitating residential structures in the Old Southwest Historic District. These contractors provided estimates for rehabilitation which ranged from $250,000 to $300,000. Given the . property values in the vicinity, the house could not be realistically sold without an unreasonable level of direct public funds expended but not recouped. Though some houses in the 400 block of Day Avenue have sold in this price range, it is unlikely that this particular area of the neighborhood will support such values. The average property value on the block face is $61,546 and the highest value is $93,200 (806 Marshall not included in calculation). To ensure that every opportunity was explored, the property was advertised as a development opportunity for over six months. At the beginning of this period, staff attended meetings of Old Southwest, Inc., to advise the membership that the development opportunity would be advertised. At the end of the six-month period, the City had received only two proposals, neither of which was acceptable. One proposed to rehabilitate the shell of the structure and place it on the market for sale. The proposal contained a condition that required the City to be financially responsible for asbestos abatement and several other items prior to conveyance. Furthermore, if the rehabilitated property was not sold within 120 days, the City would be required to pay the developer $37,000. Another proposal was clearly not realistic in terms of development costs based on the previous estimates for the rehabilitation work. Two additional proposals were received, but neither was acceptable due to either the proposed use or the level of subsidy required from the City. In addition, the City asked Blue Ridge Housing Development Corporation to evaluate the possibility of rehabilitating the house through its Officer at Home program. Blue Ridge declined because the project would exceed its funding for the program based on its estimated cost for rehabilitation that exceeded $300,000. Honorable Mayor Harris and Members of City Council June 16, 2008 Page 3 Planning Division staff evaluated an application from the Roanoke Redevelopment and Housing Authority demolition of the structure and found that it met all the Zoning Ordinance criteria for demolition. The staff report to the ARB recommended approval of the demolition. The ARB considered the request for demolition on September 13, 2007, and tabled the item until the October 11,2007, meeting. The ARB denied the demolition request on October 11, 2007, in a 0-5 vote. The applicant appealed the decision to City Council and the matter was considered at the December 17, 2007, public hearing session. Two members of the Architectural Board, Messrs. Richert and Bestpitch, spoke in opposition to the demolition. Upon motion by Council Member Fitzpatrick and second by Council Member Mason, the matter was tabled by City Council by unanimous vote for a period of six months. To make the property more marketable to a potential developer, the City Manager asked City employees to organize an effort to clear the debris out of the house as part of the neighborhood's Block Pride event. Numerous firefighters and other Roanoke Redevelopment Housing Authority and City employees participated in the cleanup and removed a significant amount of debris. Only one proposal has been received during this six month period. Staff met with that developer and asked him to submit a revised proposal based further discussion and his understanding of the project. He submitted a proposal which contained a condition that the property would be used as a two-family dwelling. Given the lot size, such use would not be permitted in the RM-1, Mixed Density District, within which the lot is located. Staff advised the developer that a two-family dwelling use would not be possible. Following this notification, there was no further correspondence or contact from the developer. Considerations: Staff believes the proposed demolition categorically meets the review standards for demolition outlined in Section 36.2-331 (e) of the Zoning Ordinance: Honorable Mayor Harris and Members of City Council June 16, 2008 Page 4 (1) The purpose and necessity of the demolition are in accordance with the intent of the Historic Neighborhood Overlay District (H- 2); (2) Loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its contribution to the district; and (3) Demolition would not have an adverse effect on the character and surrounding environment of the district. First, the demolition is consistent with the intent of the H-2 district because it will ultimately enable the preservation and renovation of the surrounding structures in the vicinity. The structure, in its current state, has a destabilizing effect on the neighborhood and is likely preventing investment in the area. The replacement plan proposes a compatible new residential structure with a similar scale and features to other residential structures in the block face. Second, the loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its contribution to the district. While the structure's design once contributed to the district when it was intact, it is not particularly unique or significant to the neighborhood or to Roanoke. 806 Marshall is an American four-square with classical revival elements such as the Palladian window in the dormer and what were likely classical columns and capitals. Roanoke has an abundance of four-square homes; it is the most prevalent style in the City. A four-square home of similar classical styling is located a few lots to the west of the subject property. Third, the demolition would not have an adverse effect on the character and surrounding environment of the district. Any adverse impact of the removal of the structure would be mitigated by replacing it with a structure which is compatible in terms of scale and design with other structures in the block. Conversely, the removal of the structure will have a positive effect and enable future revitalization and investment to accelerate. Honorable Mayor Harris and Members of City Council June 16, 2008 Page 5 Should City Council uphold the ARB's denial of the demolition, Section 36.2-530(f) of the Zoning Ordinance provides for the owner to offer the property for sale for a three-month period at a price not to exceed fair market value (the property is currently assessed for $15,000). If no bona fide offer is received during the period, along with reasonable assurance from the buyer that the property will be preserved and restored, the owner has the right to demolish the structure without further action by the City Council. Consistency with Architectural Review Guidelines: The H-2 Guidelines recommend, "Demolition of a building should only be considered if alternatives for rehabilitation are not feasible and the loss of a building will not adversely affect the integrity of the district." As explained in the background, every effort has been made to preserve rather than demolish the structure. All rehabilitation alternatives have been evaluated and none have been found to be feasible. No use alternatives other than a single-family dwelling should be considered because of the structure's setting within a residential district. The H-2 Guidelines recommend that any building proposed for demolition be documented and that architectural features be salvaged where possible. The structure was fully documented by Helen Hill per the HUD Section 106 Historic Review in October 2006. Salvage of important architectural features will be encouraged wherever possible. In addition to the three criteria for demolition listed in Section 36.2- 331 (e) of the Zoning Ordinance, the H-2 Guidelines contain the following recommendation: "[W]here a development plan for a new use of the site is proposed and submitted, the board shall review the proposed development conforming to the regulations of the district." At this time, no specifiC development plan for use of the site is proposed. Future development would be limited to the uses permitted in the RM-1 district and, because of minimum lot size and density requirements, the use would be effectively limited to a single-family dwelling. Any replacement structure will be submitted for ARB review as a separate application. Honorable Mayor Harris and Members of City Council June 16, 2008 Page 6 The guidelines further recognize conditions where new construction is appropriate: "New construction is appropriate on existing vacant parcels within the H-2 District and on parcels that become vacant in the future because of extreme deterioration or catastrophic disasters that destroy or severely damage buildings. Appropriate new construction increases neighborhood vitality, property values, safety, and livability of the district." Recommendation: Staff believes all options for a feasible rehabilitation have been exhausted and further believes the structure has a severe destabilizing effect on the surrounding neighborhood. Staff recommends that City Council reverse the decision of the Architectural Review Board and issue a Certificate of Appropriateness to permit the demolition of the structure at 806 Marshall Avenue, SW. Sincerely, Darlene L. Bu cham City Manager DLB/ld cc: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Assistant City Manager Tom Carr, Director of Planning Building & Development Chris Chittum, Planning Administrator Erica Taylor, Agent, Architectural Review Board B.l. . Old Southwest Inc. 641 Walnut Avenue S W / Roanoke, Va. 24016 Phone# 540-343-8794/ Fax# 540-343-8704 WWW.OldSouthwestInc.com / June 13,2008 Roanoke City Council 215 Church Avenue, S W Roanoke, Va. 24011 Re: City Council Meeting June 16,2008 - Item B.1 (806 Marshall Ave. SW) Council Members, As you know 806 Marshall Avenue S W resides in the neighborhood of Old Southwest, and for many years this structure has been allowed to deteriorate and fall into the condition you see it in today. This property has served as a reminder that our City and our Commonwealth Attorney's Office have a lot of work to do in getting our building inspection, code enforcement, and judicial system where they need to be so that other structures like 806 Marshall Ave. do not come to the same demise. The structure at 806 Marshall Ave. is in a serious state of blight, which is directly affecting the properties that lie in close proximity to it, as well as a reflection of our neighborhood as a whole. Allowing this structure to stand is promoting the acceptance of property blight and all the things that accompany it (drugs, prostitution, lack of maintenance, etc.). . For many years the neighborhood of Old Southwest has benefited greatly from the efforts of preservation minded individuals and investors who have purchased properties in need of repair and attention. 806 Marshall Avenue has been up for bid/sale by the City of Roanoke for some time now with the hope that an individual or agency would step forward to tackle the needed renovations to bring this property back from the grave. Unfortunately, since this time the housing market and local and national economies have fallen into decline affecting many of us including the rehabilitation of 806 Marshall Avenue. When this matter was tabled on December I th 2007 by City Council at the Roanoke City Council Session, an ultimatum was given to bring back to Council within the following 6 months a "plan of action" to keep this structure from demolition. At this time myself or the Board of Directors for Old Southwest Inc. has no knowledge of a plan in place to renovate or stabilize this structure by any interested party. The structure that is 806 Marshall Avenue is a wood-sided American Four Square, and is replicated throughout the neighborhood of Old Southwest and other neighborhoods in the city as well. That being said, 806 Marshall has little architectural significance, as it is not one of a kind. In the remote possibility that there were an offer at this eleventh hour from a perspective interested party to invest and renovate it back to a livable condition, there would be little if no original architectural building components that could be used or salvaged. Other than the foundation of this property or the footprint it currently has, would there be anything original to the property; perhaps a remaining window or two, but never the less, there comes a time, when you have to accept your losses and move on and move forward. After discussing this property with the board of Old Southwest, Inc. it is our opinion that the time to move on and move forward is now. It is our recommendation that the property located at 806 Marshal Ave be laid to rest once and for all. I will further add that if and when 806 Marshall Ave. is laid to rest that the plan presented by Chris Chittum (Planning Administrator with the City of Roanoke) to the Old Southwest board of directors involving a replacement structure is put into place for the vacant parcel. Additionally, I also would like to make it known that because the Old Southwest board of directors delivers this letter moving for demolition in no way sets precedent that this is acceptable. It is our understanding that every opportunity has been attempted in promoting this property for purchase, and due to its condition there is no other alternative. Respectfully, Jeffrey Campbell-President Old Southwest, Inc. www.oldsouthwestinc.com CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 2, 2008 Mr. Mark K. Cathey 2430 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Cathey: Your term of office as a member of the Board of Fire Appeals expired on June 30, 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 Board of Fire Appeals from October 16, 2000 until June 30, 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, ~hl. hev Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: John H. Johnson, Jr., 1710 Barnett Road, N. W., Roanoke, Virginia 24017 Daniel J. Rakes, Fire Marshal Sheila N. Hartman, Secretary, Board of Fire Appeals ~ ~ ~ p::: ~ ~ r:-; ~ 00 0 C/.l 0 ~ ~ N ~~ ~ U ~ ~ C/.) ~ ~~ 0 ~ ~~g ~ ~ = ~~~ C/.)o U~ ~ ~ p.. ~oo ~ 0 ~ \00 ~ < O~_O ~t) ~ ~ U 0< ~ 0< "'. p..b ~ ~o 0 ffi ~ o::lM t) ~~O~ dU !:il r./J. ~ ~~E-<~ ~ ~~ ~ ga ::;EOU ~~ ~O . Cl < ~ <: ::;Eo E-<O U ~ C/.) OE-< C/.)E-< ~ <:O~ 8~ ~ o::l~ ~ ~ C/.) ~~ ..... o~ !:il ~ ~~ u 5 E-< @ 0 ~ U ~ 0 ~ p::: p.. ~ 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: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 2, 2008 Ms. Donna S. Johnson 5724 Fieldview Drive Roanoke, Virginia 24019 Dear Ms. Johnson: Your term of office as a member of the Board of Trustees, City of Roanoke Pension Plan expired on June 30, 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 Board of Trustees, City of Roanoke Pension Plan from April 5, 1999 until June 30, 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, ~ff\.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: David C. Key, Chair, City of Roanoke Pension Plan, Board of Trustees, 3012 Spring Road, S. W., Roanoke, Virginia 24015 Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< j Cl Z ~ p.. ~ r:-; 0 Z ~ C/.l ~ 0 00 ~ ~ - 0 !:: C/.) 0 < ffi N ~ < ~ ~ U Z p.. S ~ 0 ~~ ~ ~~ 0 rJ'l p:::OOl ~ ~ ~ Z E-<~OIoo E-<O ~ 010 ~~ 0 = ~O-O < ~ 0 o ~ lr)~ N ~ ~~~O~ ~ ~O ~ ~ ~O M 0 ~~ 0 ffi . ~~~~ ~ >~ rJ'l <: ~o ~ r./J. -< ~E-< ~ ~~ ga ::;EO:E Cl ~ Z C/.)E-< <: ~O 0 u- < ~ Z C/.)~~E-< ~ -u ~~ U 0 <:~~ ~p::: ~ ~ E-< N ~ C/.) p..E-< ~ ~ C/.) ~ ~ - 0 E-< p::: Z ~ ~ E-< !:il 0 z 0 - U ~ 0 E-< @ 0 0 ~ o::l U ~ 0 ~ p::: p.. ~ . 'f. 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: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 1, 2008 Ms. Robin Murphy-Kelso 4449 Summit Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Murphy-Kelso: Your term of office as a member of the Roanoke Neighborhood Advocates expired on June 30, 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 Roanoke Neighborhood Advocates from July 7, 2003 until June 30, 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, Z,I:': ~ M."Yvv:~ ,~ "'~>1) Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: Jeff Campbell, Chair, Roanoke Neighborhood Advocates, 424 Highland Avenue, S. W., Roanoke, Virginia .24016 Robert A. Clement, Jr., Housing and Neighborhood Services, Neighborhood Services Coordinator 0 Z E-< 0 Cl 0 ~ ::;s~ 'p::: ~ ~ ::;s~ Z Cl E:j....1 C/.l ~~ Z ~ 0 00 ~ ~ C/.) 0 ::c:t:: ~ ~ 0 < fuu ~ ~ N ~ < 0 :j E-< U C/.l ~ 00 0 ~ U ~ ~6 ~ ~ga ~ ~ 0 E-<<800 ~ ~o ~ ~ ~ I ~CloO ~~ ~ 0 ~ OON~~ ~O < ~ == ~Ot- ~ ~ ~~ ~ ~ l:LlP:::~~ 0 >~ ~ ffi ~~s~ ~ ~o 0 ~ ::;E~~s < l:Ll>- CI) ~P:::~~ Cl ~~ ~ ~ ~ <goo ~U ~ Z ~~E-< E-< < ~ C/.)Z~ C/.) ~~ ~ <ea - ~E-< U = ~ 0 0 C/.) ~ - 0 ~ ~ ::r: ~ E-< Z 0 Z 0 - ~ 0 ~ Z U d 0 0 U ~ ~ ;> 0 p::: ~ p.. p.. < 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 June 25, 2008 Ms. Nicole Ashby 210 Bailey's Cabin Lane Boones Mill, Virginia 24065 Dear Ms. Ashby: Your term as a City representative to the Local Office on Aging Advisory Council expired on February 28, 2008. 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 City of Roanoke representative to the Local Office on Aging Advisory Council from March 19, 2007 to June 16, 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 CNH:SMM:ew Enclosure pc: Susan Williams, Director, Local Office on Aging, P. O. Box 14205, Roanoke, Virginia 24038 Stephanie M. Moon, CMC, City Clerk ).: ~ :j ~ ~ ~ en 00 ~ ~ 0 < z 0 ~~ N 0 ~ ~ >0 ~ fi3~ :$ u.. (/)0 Od r--- U~ U ~ ~a5~o :i~ ~ dU~~ ~o 0 ~ ~<ZO\O ~~ ~ <Z~_~. u.. .P-.t= dU 0 00 E-<OOp:::\O 0 a5~ ~ -< Z UU- ~ ~ ~ B5 B ~. ~ ~ ~ ~~ ~ ffi gafE~<~ Cl .0 ~ OC/.)~~ E-<O CI) 0 ~~>~~ p::: C/.)E-< ~~. . ~ ~ U ~ 5~ ~ Z .~ U ~ ~ lr) N O~ < ~O . u..Cl U~ C/.) Oz P:::' U < - ~ga . <~ ~ p::: ::C:o ~ -(/) E-< ~>< < - z ~ ~ 0 .~ d 0 ~ 0 g: U U ~ 0 ~ ~ .. ~ < ~ . \f'.i 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: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 2, 2008 A. L. Gaskins Chief of Police Roanoke, Virginia Dear Mr. Gaskins: Your term of office as a member of the Regional Virginia Alcohol Safety Action Program Policy Board expired on June 30, 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 Regional Virginia Alcohol Safety Action Program Policy Board from July 1, 2000 until June 30, 2008. Please find enclosed a Certificate of Appreciation and an aerial view I photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~fn.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: Kathryn Van Patten, Director of. Court and Community Corrections, 1627 East Main Street, Salem, Virginia 24153 Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< Z ~ 0 z ~ 0 ~ ~ ~ - C/.l ~ E-< 00 ~ ~u 0 !:: 0 p:::< N ~ < ~ E-<~ U ~E-< g ~ o~~ 0 rJ'l ~~ ~ ~~ ~ ~ Z ~C/.)00 ~ ~6o::l~g E-<o 0 ~ ~~ ~ E-< p::: ~ ~ C"\ ~ rJ'l ZO~-6 ~ ~o ffi -< ~U~~M 0 ~~ 0 ~ ~~2 ~ ~ ~t) ~ r./J. . ~ ~ p..~~::;E~ Cl ~~ ~ ~ 00 C/.)E-< . u- ~ -< ~ddfi:E-< ~ ~U U E-<~O ~~ ~ ->~ C"\ ~ U p.. p..E-< ~ <~ C/.) ~ ~ - 0 C/.)z p::: <0 E-< Z !:il - 6 9 d U ~ E-< @ 0 Q u ~ g: ~ ~ p.. ~ 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 STEPHANIE M. MOON, CMC E-mail: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 2, 200.8 Ms. Nelett H. Lor 3504 Sunscape Lane, Apt. 714 Roanoke, Virginia 24018 Dear Ms. Lor: Your term of office as a member of the Roanoke Arts Commission expired' on June 30, 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 Roanoke Arts Commission from January 6, 2003 until June 30, 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~M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure 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 Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< ~ ~ u ~ z" ~ ~ ~ Eg~ < 00 C/.l 0 ~ ::;s~ ~ 0 U N .....1 ~ E-< ::;SU ~ Z ~ < ~>< 9 , ......E-< 0 ~ ~C/.)M ~O ~ ~ 0 p:::C/.)0 ~~ _0 ~ E-<~Noo p.. ~ ~ ~ ~ ~o ~~ E-< . o \00 C/.l == O~N ~ ~ ~ u ~ ~ 0 ffi ~ ~C/.) ~ ~ ~o ~ ~~~~ 0 ~~ !:il r./J. ~ ~ ~~ ~1 ~ ~ ~O < ~~io Cl C/.)~ ~ ~ u~ U Z C/.)OOE-< -u ~ <~~ ~~ ~ ~~ ~ ~ ~ C/.) ~ - !:il ~ 0 5 u z 0 ~ @ 0 u Q ~ g: ~ ~ p.. ~ ~. . ~.............~ 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 CECELIA R. TYREE Assistant Deputy City Clerk July 2, 2008 Mr. Michael D. Wray 1712 Malvern Road, S. W. Roanoke, Virginia 24015 Dear Mr. Wray: Your term of office as a member of the Roanoke Neighborhood Advocates expired on June 30, 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 Roanoke Neighborhood Advocates from February 19, 2008 until June 30, 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, ~~n,,~~~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: Jeff Campbell, Chair, Roanoke Neighborhood Advocates, 424 Highland Avenue, S. W., Roanoke, Virginia 24016 Robert A. Clement, Jr., Neighborhood Services Coordinator Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< Z Cl z 0 ~ 0 .0 ~ ~~~ ~ C/.) ~ r:-; ~ 00 C/.l ::;s~ ~ 0 ~ ~....1 ~ 0 ......u U N ~ ~~ U ~ ~ , ~ ~ 000 g p........ 0 ~>O ~U ~ p:::~0 ~~ E-< ~ C/.l ~ ~ ~ N 0 ~ Cl OI~ 00 ~ . 00-8 ~ ~ O~N ~~ 0 ffi ~ f& ~ ~ ~~ t) ~o ~ ~~~~ ~.~ !:il r./J. ~ ~~ ~ ga ::;Ep:::ffi ~o < <g~o Cl C/.)~ U ~ U. C/.)~::;EE-< u- ~ ~u ~ ~ <~~ ~ ~~ ~ o~ ~ p..E-< ~ C/.) t) 53 ~ E-< Z U ~ 5 0 - E-< @ 0 u Q ~ ~ ~ ~ p.. ~ 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: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 2, 2008 ; Ms. Pamela S. White 4502 Oleva Street, N. W. Roanoke, Virginia 24017 Dear Ms. White: Your term of office as. a member of the Roa'noke Public Library Board expired on June 30, 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 Roanoke Public Library. Board from June 17, 2002 until June 30, 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, ~rn.~ Stephanie M. Moon, CMC City Clerk. SMM:ew Enclosure pc: Stanley G. Breakell, Chair, Roanoke Public Library Board, 3256 Allendale Street, S. W., Roanoke, Virginia 24014 Sheila S. Umberger, Secretary, Roanoke Public Library Board Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< Z ~ 0 ~ ~ ~ ~ r:-; ::$ ~~ 00 C/.l 0 ~ 0 u ~o N ~ ~ ~ g 0 ~ Oo::l ~ ~ ~ ~ ~ ~ ~~ti ~~ 0 E-< 000 < NO ~O ~ ~ S r---~ ~ ~ ~ . ~~ 0 ffi rJ'l ffi~-O~ ~ ~O -< ~~~i 0 ~~ ~ r./J. ~ ~ ~t) ~ ~ ~ P-.'~ ::;E < ~ ~P-.OO Cl C/.)~ ~ U~ U ~~~E-< ~ E-< ~ ~U ~ ~ -0 ~~ ~ ~..~ ~ C/.)O C/.) ~ - !:il <~ ~ 0 5 u 5 - E-< @ 0 u Q ~ ~ ~ ~ p.. ~ - .~~~~ ,:~.' ' " ,)" . V:,";~ <.)~ ,,',,",,;.',," ~1""""';~t,"" ~~"\lI$' ,;c,:tJ;;t;t.~tr;;;." ;1~ , ;~.: 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 STEPHANIE M. MOON, CMC E-mail: cIerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 2, 2008 Mr. Beverly T. Fitzpatrick, Jr. 1 0 27th Street, S. E. Roanoke, Virginia 24014 Dear Mr. Fitzpatrick: Your term of ,office as a member of the Roanoke Valley Alleghany Regional Commission expired on June 30, 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 Roanoke Valley Alleghany Regional Commission from March 5, 2007 until June 30, 2008. Please find enclosed a CertiJicate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, AttL-~ 'rn,~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: Wayne G. Strickland, Secretary, Roanoke Valley-Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< 6 ~ ~ I:Ll ~ ~ ~ ~ I:Ll 00 CI) 0 ~ u ~~ 0 U N ~ ~ < ~ C>p::z g 0 ~ ~ < I:Llc.:JOt- ~ ~ ~1:Ll-O ~~ ~ Q ~ E-<H(/)OOO N <~gaNO ~o ~ ~ E-< ;;E lrl~~ ~ ~ ~ ~~~5~ ~~ 0 z ~ ~ 1:Ll0 ~ . gj~U~~ 0 ~~ ~ r:F1 ~ ~ ~~ ~ ~ ~ ~>~::E 1:Ll0 < ~~~~o Cl (/)~ ~ u~ U ~0C5~E-< ~u ~ ~ ~ o.~ ~ ~ @3~ ~ ~ ~ <0 ~E-< = (/)~ (/) C> < - ~ ~ z u 5 9 E-< @ 0 u ~ ~ ~ ~ p... ~I 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: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 2, 2008 Mr. Beverly T. Fitzpatrick, Jr. 10 27th Street, S. E. Roanoke, Virginia 24014 Dear Mr. Fitzpatrick: Your term of office as a member of the Roanoke Valley Area Metropolitan Planning Organization expired on June 30, 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 Roanoke Valley Area Metropolitan Planning Organization from July 1, 2005 until June 30, 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, ~ rv,. 10/\"""" Stephanie M. Moon, -C-M~ City Clerk SMM:ew Enclosure pc: Wayne G. Strickland, Secretary, Roanoke Valley-Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< 6 ~ ~ ~ gjg ~ ~ :$ .~ 00 CI) 0 >.a U 0 ~ u ~ E-<o N j ~ ~ ~~z 0 ~ 000 s ~ < 1:Ll~- ~ ~E-<~lrl ~~ ~... Q ~ E-<1:Ll 000 <;;E~00 ~o ~ ~ NO E-<< ~N ~~C;:O ~ ~ ~~ 0 ffi ~ ~ I:LlO . II) ~~~ 0 d~ ~ r:F1 ~ i~I~! ~ >~ ~ ~ ~ ~O < Cl (/)~ ~ ; ~~ ~E-< U u- ~ ~ E-<> ~ ~u ~ O~H @3~ ~ > ~ ~ <O~ ~E-< = ~'~ (/) C> ~ ~ ~ E-< ~ U ~ E-< @ 0 U ~ ~ ~ ~ p... ~ "- "1