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Home My WebLink AboutCouncil Actions 07-21-08 MASON 38154-072108 ROANOKE CITY COUNCIL REGULAR SESSION JULY 21, 2008 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Trinkle was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 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, July 24 at 7:00 p.m., and Saturday, July 26 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: NONE. 3. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of surplus publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of surplus publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3) , Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 Annual report of the Economic Development Authority for fiscal year 2007- 2008. RECOMMENDED ACTION: Received and filed. 3 C-5 Reports of qualification of the following individuals: Mayor David A. Bowers as a City representative to the Roanoke Valley-Alleghany Regional Commission, for a term commencing July 1, 2008 and ending June 30, 2011 ; Council Member David B. Trinkle 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; as a City representative to the Roanoke Valley Area Metropolitan Planning Organization, for a term ending June 30, 2011; as a City representative (elected official) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee, for a term ending March 31,2011; and 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; Ann H. Shawver as a City representative to the Roanoke Valley Juvenile Detention Center Commission, for a term of four years ending June 30, 2012; Susan M. Egbert as a member of the Roanoke Arts Commission for a term ending June 30, 2011 ; Michael W. Hanks for a term of two years ending June 30, 2010; and Carolyn H. Glover for a term of four years ending June 30, 2012, as members of the City of Roanoke Pension Plan, Board of Trustees; Robert C. Lawson as a City representative to the Board of Directors, Western Virginia Water Authority, for a term ending June 30, 2012; and Stanley G. Breakell as a member of the Roanoke Public Library Board, for a term ending June 30, 2011. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 4 5. PETITIONS AND COMMUNICATIONS: a. Request of Yellow Cab Services of Roanoke, Inc., to present a petition for a taxicab rate increase. William Roberts, President, Spokesperson. (Sponsored by the City Manager.) Matter was referred to the City Manager for study, report and recommendation to the Council. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: . Airport Related Items . Aviation and Airport Drive Intersection · Countryside Golf Course Property . Valley View Planning Study (Briefings were held immediately following 2:00 p.m. Session in Council's Conference Room.) ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts; and appropriation of funds. Adopted Resolution No. 38154-072108 and Budget Ordinance No. 38155-072108. (6-0) 2. Acceptance of a grant from the Department of Criminal Justice Services, Juvenile Justice Delinquency Prevention Grant Program; and appropriation of funds. Adopted Resolution No. 38156-072108 and Budget Ordinance No. 38157-072108. (6-0) 3. Acceptance of the Urban and Community Forestry Grant from the Virginia Department of Forestry; transfer and appropriation of funds. Adopted Resolution No. 38158-072108 and Budget Ordinance No. 38159-072108. (6-0) 5 4. Appropriation of additional funds in connection with the Four-for-Life Program, which is funded through the Office of Emergency Medical Services. Adopted Budget Ordinance No. 38160-072108. (6-0) 5. Adoption of a resolution supporting the City's request to participate in the Virginia Department of Transportation Revenue Sharing Program. Adopted Resolution No. 38161-072108. (6-0) 7. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds to various program accounts; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn-Timity, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 38162-072108. (6-0) 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. 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. Valerie Garner, President, Countryside Neighborhood Alliance Robert Gravely, 3360 Hershberger Road, N. W. Chris Craft, 1501 East Gate Avenue, N. E. Colonel Robert Craig, 701 12th Street, S. W. 6 12. CITY MANAGER COMMENTS: Responded to Colonel Robert Craig's inquiry regarding the City's commitment to contribute funds to the School's budget annually. She distributed copy of Roanoke Public Libraries Circulation Stats. 13. RECESS. 2:55 p.m. Reconvened - 5:30 p.m. CERTIFICATION OF CLOSED MEETING. (6-0) The following Council assignments were approved: Audit Committee Vice-Mayor Lea, Chair Council Member Trinkle, Vice-Chair Leclislative Committee Council Member Trinkle, Chair Council Member Mason, Vice-Chair Personnel Committee Council Member Mason, Chair Council Member Nash, Vice-Chair Appointed Council Member Rosen as a member of the Virginia's First Regional Industrial Facility Authority Board of Directors for a term ending June 30, 2012. Appointed Council Member Rosen as a member of the New River Valley Commerce Park Participation Committee for a term ending June 30, 2012. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION JULY 21, 2008 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Council Member Trinkle was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 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, July 24, at 7:00 p.m., and Saturday, July 26, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 8 In connection with Item 6.a.4., at the 2:00 p.m. session regarding the Four-for-Life Program, Resolution No. 38163-072108 accepting additional funding through the Office of Emergency Medical Services in Richmond, Virginia, was adopted. (6-0) A.. PUBLIC HEARINGS: 1 . Proposal by Mayor Bowers for consideration of changes to some of the Councils' operating procedures. Council agreed to discuss the matter at its 9:00 a.m. informal work session on August 4. 2. Request of Oliver White Hill Foundation to rezone property located at 401 Gilmer Avenue, N.W., from RX-1, Residential Mixed Use District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner. Clarence M. Dunnaville, Jr., Vice-President and Treasurer; and Donald C. Harwood, Hill Studio PC, Spokespersons. Adopted Ordinance No. 38164-072108. (6-0) 3. Request of the Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi, for tax exemption of personal property and real property located at 415-417 Campbell Avenue, S. W. Stephen Athanson, General Counsel, Spokesperson. Adopted Ordinance No. 38165-072108. (6-0) 4. Proposal authorizing the issuance of $6.64 million General Obligation Public Improvement Bonds for the Market Garage repairs. Darlene L. Burcham, City Manager. Adopted Resolution No. 38166-072108, Budget Ordinance No. 38167- 072108 and Resolution No. 38168-072108. (6-0) 5. Request of the City of Roanoke to grant permission to allow the continuance of four existing encroachments into the public right-of-way at property located at the intersection of 1801 Belleville Road and Sherwood Avenue, S. W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38169-072108. (6-0) 9 B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Colonel Robert Craig, 701 12th Street, S. W. Levita Washington, 2831 Melrose Avenue, N. W. Helen Davis, 19 Patton Avenue, N. E. Zoe Stennett, 3531 Peters Creek Road, N. W., #208 C. ADJOURN. 8:22 p.m. 10 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., SUITE 452 ROANOKE, VIRGINIA 2401 1-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVID A. BOWERS Mayor July 21,2008 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, :5) :Q!l:J~ David A. Bowers Mayor DAB: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 July 21, 2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of surplus publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3 711.A.3, Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Bu cham City Manager DLB/lsc cc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 21, 2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of surplus publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Respectfully submitted, ~ Darlene L. Bur City Manager DLB/lsc cc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk GLENN FELDMANN DARBY& GOODLA1TE 210 1st Street S.w. Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 5402248000 Fax 5402248050 gfdg@gfdg.com ~'> WOf '-<.......~@o 5: y-y ~ 'S m ;;: 4tfR 11 tl-" 'A i HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby@gfdg.com July 16, 2008 HAND DELIVERED Stephanie M. Moon, CMC City Clerk, City of Roanoke, Virginia 456 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 RE: Economic Development Authority of the City of Roanoke, Virginia Dear Stephanie, I'm delivering 11 copies of the Annual Report for the fiscal year 2007/2008 for the Economic Development Authority of the City of Roanoke, Virginia. You'll want to keep one of the copies of the Annual Report for your records and deliver one to the members of City Council. Very truly yours, ~ Harwell M. Darby, Jr. HMD:lww:0042000 Enclosures j.il' Annual Report As of July 1, 2008 The Economic Development Authority of the City of Roanoke, Virginia To: The Members of Council of the City of Roanoke, Virginia Name and Organization: The Economic Development Authority of the City of Roanoke, Virginia was organized pursuant to ordinance adopted by the City Council October 21, 1968. It has been in continuous operation and has assisted the City's economic development efforts in meeting to approve of small issue manufacturing and 501(c)(3) industrial development revenue bond financings. Membership: There are seven members of the EDA which are appointed by Council for 4 year terms. As of the date of filing of this report the membership, officers and terms of the directors are as follows: ' Name Dennis R. Cronk Charles E. Hunter, III A. Damon Williams Linda Davis Frith F. Gordon Hancock S. Deborah Oyler Stuart Revercomb Office Chairman Vice Chairman Secretary/Treasurer Expiration of Term October 20, 2010 October 20, 2008 October 20,2009 October 20,2011 October 20,2011 October 20, 2009 October 20,2009 Staffing:. The EDA uses the City of Roanoke Economic Development Division's staff and works in close conjunction with the Economic Development Division Administrator. The EDA meets at 8:00 in the morning the third Wednesday of every month. The meetings are held at the City of Roanoke, Division of Economic Development, 117 Church Avenue, SW, Roanoke, Virginia. Since the fiscal year ended June 30, 2007, the EDA held 9 meetings; its average attendance was 5, the attendance of the various members was as follows: Page 2 Directors 8/8/07 9/12/07 12/12/07 2/12/08 03/12/08 04/09/08 05/14/08 06/11/08 06/25/08 Dennis R. Cronk Present Present Present Present Present Present Absent Present Absent Linda Davis Frith Present Present Present Absent Absent Absent Present Absent Present F. Gordon Hancock Present Present ." Present pr:e..sent. Absent Present Present Present Present Charles E. Hunter, III Present Present Present Present Present Present Present Present Present S. Deborah Oyler Absent Absent Absent Absent Present Present Absent Absent Absent Stuart R.evercomb Absent Present Present Absent Absent Present Present Absent Present A. Damon Williams Absent Present Present Present Present Present Present . Present Present Activities since the end of the Fiscal Year: Since the end of the fiscal year (June 30, 2007) the EDA: . Approved the funding of eight fa9ade grants totaling over $129,000 as follows: Daniel R. and Anna M. Flynn for the building located at 302 5th Street, S.W. in the amount of$14,252; 400 Salem, LLC for the building located at 400 Salem Avenue in. the amount of $25,000; Goodwill Industries of the Valleys, Inc. for the building located at 2502 Melrose Avenue, N.W. in the amount of$16,373; Conrad Holdings, LLC for the building located at 303 Market Street in the amount of $7,316; Project Four, LLC for the building located at 129 Salem Avenue in the amount of $25,000; Witz Big Lick, LLC for the building located at 209 First Street in the amount of$13,942; Goodpasture Properties, LLC for the building located at 2601 Franklin Road in the amount of $25,000; and Antique Blue LLC for the building located at 12 East Campbell in the amount of $2,270. . Approved a second extension to the Performance Agreement between the City and IMD Investments on the Ivy Market Development. · Approved the Performance Agreement between the City and Roanoke Hotel Group, LLC in the amount of $1 ,000,000.00. · Approved an extension to the Performance Agreement between the City and Valley View Mall, LLC on the Valley View Mall. · Assisted the Virginia Lutheran Homes in financing and refunding certain bonds in the amount of $4,700,000. ., Page 3 . Approved a third extension to the Performance Agreement between the City and IMD Investments on the Ivy Market Development. . Approved the Performance Agreement between the City and Maple Leaf Bakery, Inc in the amount of $200,000.00. . Approved the Performance Agreement between the EDA and Westport Axle Corporation in the amount of $50,000.00. . Received a presentation from George J. Mongon, Deputy Director of Institutional Advancement for the Art Museum of Western Virginia which discussed the progress of the Museum and the economic development aspects of the Museum. Mr. Mongon also provided the Directors with a tour of the new Museum. . Dedicated $50,000 of its funds be available to the City Department of Econorrric Development for the financing and funding of its Entrepreneurial Zone programming including training money, research money and a loan . program in accordance with the report on Entrepreneurial program. Included in the $50,000 would be a $1,000 award to be made at the Entrepreneurial Express Workshop and Exposition. . Received regular briefings on economic activities from the Economic Development Division of the City of Roanoke. The EDA looks forward to continuing its close partnership in economic development with the City of Roanoke and stands ready to work as a full economic development partner with other members of the City's team. Respectfully submitted. Date: p~j)- / " -.::::: /~~ /Dennis R. Cronk, Chairman -- 'q . -1 ~ MINUTES OF A REGULAR MEETING ECONOMIC DEVELOPl\1ENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA August 8,2007 Directors present: Dennis R. Cronk Linda Frith Gordon HancocK Chuck HWlter Also present at the meeting were Samuel F. Vance, IV, Counsel to the Authority, Brian Brown, City of Roanoke Economic Development Adm!nistrator, and Ann Beckett and Donald Petersen, citizens applying for Fac;ade Grants Chairman Dennis R. Cronk called the meeting to order at 8:00 a.m. and declared that a quorum was present. The June meeting minutes were approved unanimously on a motion by Mr. Hancock, seconded by Mr. Hunter. Formal discussions relating to the financial report were tabled until the September meeting. Informally, it was discussed that $75,000 outofthe $300,000 from the City of Roanoke has already been spent. The departure of Glenna Ratcliffe was also discussed. 1. On motion by Mr. Hancock, seconded by Ms. Frith, the Authority voted unanimously to approve a Fac;ade Grant for Daniel R. and Anna M. Flynn in the amount of $14,252.04, being the lesser of (1) one-third of the costs of improving the fac;ade to the building located at 302 5th Street, SW, Roanoke, VA 24011, or (2) the maximum grant amount of $25,000.00, subject to previously approved fac;ade grant applications in order of approval, with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to ensure compliance with the Fac;ade Grant guidelines and report back the fmal amount tothe Board as soon as the project is completed. 2. On motion by Ms. Frith, seconded by Mr. Hancock, the Authority voted unanimously to grant Mr. Petersen an extension on his fac;ade grant application for that property located at 210 Market Street, SE, Roanoke, VA 24011 and owned by Metropolitan Properties LLC. The new due date is November 30, 2007. 1 .." -;... 3. The Fa9ade Grant for that property located at 400 Salem Avenue, SW, Roanoke, VA 24011 (the Hartsook Building) and owned by 400 Salem, LLC, was tabled due to general concern that it may not qualify for said grant. There was general discussion as to the Authority's role with respect to performance agreements that are negotiated by the City of Roanoke. There was also general discussion about the waiver of conflict letter from Glenn, Feldmann, Darby & Goodlatte relating to Roanoke Hotel Group, LLC. After discussion, the Board decided to table the issue and therefore, Mr. Cronk did not sign llie waiver- ofconnic"frettef~--------.------------.'--------------------------,---------- The City of Roapoke's Brownfields was briefly discussed. No action was taken. There ~eing no further business, Mr. Cronk adjourned the meeting at 8:55 am. 2 ft'. . ~. I MJNUTES OF A REGULAR MEETING ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA September 12,2007 Directors present: Dennis R. Cronk Linda Davis Frith -~G0rdon':"Haneoek------ C. E. Hunter Stuart Revercomb A. Damon Williams Directors absent: S. Deborah Oyler Also present at the meeting were R. Brian Townsend, City of Roanoke Assistant City Manager for Community Development; Harwell M. Darby, Jr., Counsel to the Authority;' Brian Brown, City of Roanoke Economic Development Administrator; Chris Copenhaver, City of Roanoke Economic Development Specialist; James M. Doyle, Chief Financial Officer of Virginia Lutheran Homes, Inc.; George "Skip" Zubrod, President and Chief Executive Officer, Virginia Lutheran Homes, Inc.; Ed Natt, Counsel to Virginia Lutheran Homes, Inc.; Richard Mardian, t/a Parlor Days; . and William H. "Bill" Chapman, Jr. on behalf of Fulton Motor Lofts. Chairman Dennis R. Cronk called the meeting to order at 8:00 a..m. and declared that a quorum was present. On motion by Mr. Hunter and seconded by Mr. Hancock, the Authority unanimous].y approved the minutes of the August 8, 2007 regular meeting. Chairman Cronk announced that a public hearing was being held pursuant to the. public notice published in the Roanoke Times, a newspaper of general circulation in the City of Roanoke,- Virginia, on August 29, 2007 and September 5, 2007, ~~. certificate of said publication being filed with these minutes. There being J.1G members of the public present to speak at the public hearing, Chairman Cronk clos';=~: the public hearing. Chairman Cronk then introduced James M. Doyle, Chief Financial Officer, Geor;;; "Skip" Zubrod, President and Chief Executive Officer and Ed Natt, Counsel ~,) Virginia Lutheran Homes, Inc. Mr. Darby explained the terms of the proposed bGr::,} issue and Mr. Doyle and Mr. Zubrod and Mr. Doyle answered several questions fre:",;,l directors of the Authority. On motion by Mr Hunter seconded by Mr. Hancock, with Mr. Cronk abstainhg because his mother-is a resi~ent of Brandon Oaks and Mrs. Frith abstaining due to ;'\~:r 1 professional relationship with Virginia Lutheran Homes, Inc., the Authority voted 4- 2-0 to adopt the Inducement Resolution, a copy of which is attached to these minutes. On motion by Mr Hunter seconded by Mr. Hancock, with Mr. Cronk abstaining because his mother is a resident of Brandon Oaks and Mrs. Frith abstaining due to her . professional relationship with Virginia Lutheran Homes, Inc., the Authority voted 4- 2--0 to adopt the Parameters Resolution authorizing the bond issue, a copy of which is attached to these minutes. After review of the financial report, on motion by Mr. Hancock and seconded by Mrs. -'h---Frith;-:-the-A:uthority-unanimously-received-the-fmancial--report-dated-'as-ofA-ugust-3+;---~---- 2007 a copy of which is attached to these minutes. Chairman Cronk presented the Board a spreadsheet showing the history and status of Fayade Grants. On motion by Mr. Hancock, seconded by Mrs. Frith, the Authority voted 5-1 to approve a Fayade Grant for 400 Salem LLC in the amount of $25,000, being the lesser of (1) one-third of the costs of improving the fayade to the building located at 400 Salem Avenue, or (2) the maximum grant amount of $25,000.00, with the construction and the entire grant procedure to be completed on or before March 12, 2008 and with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to ensure compliance with the Fayade Grant guidelines and report back the final amount to the Board as soon as the proj ect is completed. The Authority, in making its decision, considered that (a) the fayade in question abuts a public street, (b) faces a public street and ( c) faces and .abuts a parking. area dedicated to public use, which constitutes a public right of way. . Residential space is 70%. On motion by Mr Hunter; seconded by Mr. Williams, the Authority voted 6-0 to amend the previous request for RichardandErin Mardian to accommodate the change of fayade to 1115 Piedmont Street, SE, in the amount 0[$8,787.45, being the lesser of (1) one-third of the costs of improving thefayadeto the building located at 1115 Piedmont Street, SE, or (2) the maximum grant amount of $25,000.00, with the construction and the entire grant procedure to be . completed on or before March 14, 2008 and with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to ensure compliance with the Fayade Grant guidelines and report back the finalamountto the Board as soon as the project is completed. On motion by Mr. Revercomb, seconded by Mrs. Frith, the Authority voted 6-0 to approve the Resolution authorizing an amendment to the Performance Agreement for IMD Investments, a certified copy of which is attached to these minutes. r , 2 On motion by Mrs. Frith seconded by Mr. Williams, the Authority voted 6-0 to waive the technical conflict involved in Glenn, Feldmann, Darby & Goodlatte's representing the EDA as well as Roanoke Hotel Group, LLC on the representation of Mr. Darby that the conflict was a technical conflict, the negotiations have taken place between the City of Roanoke and Roanoke Hotel Group, LLC and that if a conflict does develop in the future regarding the terms of the Performance Agreement, very likely both parties will be required to obtain separate counsel. On motion by Mr. Revercomb seconded by Mrs. Frith, the Authority voted 6-0 voted to table the request of Roanoke Hotel Group, LLC for approval of a Performance --..c-.------kgre-em-enr--------...--. --.----.-.... m_.. -.... . --...-. - -..-..-.-...--. -...--.. -. --- --. _. _n ----- .-. _n_. m_ .----.- . .-.-.-...-...-.-- .--------.- ---. -.--.-----.-----. On motion by Mr. Revercomb seconded by Mrs. Frith the Authority voted to recess unti18:00 a.m. September 19,2007. At the recess session, on motion by Mr_ Hancock, seconded by Mr. Williams, the Authority voted 6-0 to approve the Resolution authorizing the Performance Agreement for Roanoke Hotel Group, LLC, a copy of which is attached to these minutes. . Attachments (5): . 1) Inducement Resolution, Virginia Lutheran Homes, Inc. . 2) Parameters Reso1ution~ Virginia Lutheran Homes, Inc. 3) Financial Report dated as of August 31, 2007. 4) Spread Sheet showing history and statusofFayade Grants. 5) Resolution approving AmendmentNo. 2 to Performance Agreement for IMD Investments, Inc. 6) Resolution approving Performance Agreement for Roanoke Hotel Group, LLC. . 3 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $6,000,000 REVENUE BONDS FOR THE BENEFIT OF VIRGINIA LUTHERAN HOMES, INC. WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of J 95-D...-:as.....amende.d-{tb.e_'~Ace),_to~ssue_its_r.ey:enue_honds_to_-Prote_c.LancLp.r.o.mot.e_tne.-he.alth_and_. welfare of the inhabitants of the Commonwealth of Virginia by assisting in the ,refinancing of. medical facilities and facilities for the residence or care of the aged owned and operated by organizations which are exempt from taxation pursuant to Section SOl(c)(3) of the Internal Revenue Code, as amended; WHEREAS, the Authority has received a request from Virginia Lutheran Homes, Inc., a Virginia non-stock, not-for-profitcorporation (the "Borrower"), requesting that the Authority . issue its revenue bonds to assist in financing or refinancing ((1) the costs of constructing and equipping a renovation of and expansion to the Borrower's existing continuing care retirement community known as Brandon Oaks, located at 3804 Brandon Avenue, in the City of Roanoke, Virginia ("Brandon Oaks"), consisting of approximately 20,000 square feet of renovated space to include, without limitation, a pool, a fitness and wellness center, dining areas and staff and resident activity space (the "Projectlt), (2) other capital expenditures at Brandon Oaks, working capital and funded interest, and (3) amounts required to fund a debt service reserve fund and to pay costs of issuance and other expenses in connection with the issuance of the bonds (the "Plan of Financingfl); WHEREAS, such assistance will benefit the inhabitants of the City of Roanoke, Virginia and the Commonwealth of Virginia, either through the increase of their commerce or through the promotion of their safety, health, welfare, convenience or prosperity; WHEREAS, preliminary plans for the Plan of Financing have been described to the Authority and a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, ("Codell) and Section 15.2-4906 of the Act; WHEREAS, the Borrower has represented that the estimated cost of the financing of the Plan of Financing and all expenses of issue will require an issue of revenue bonds in the aggregate principal amount not to exceed $6,000,000; WHEREAS, (a) no member of the Board of Directors of the Authority is an officer or employee of the City of Roanoke, Virginia, (b) each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no member of the Board of Directors of the Authority has any personal interest or business interest in the Borrower or the bonds or has otherwise engaged in conduct . prohibited Wlder the Conflict of Interests Act, Chapter 31, Title 2.2 of the Code of Virginia of . . 1950, as amended (the I1Conflict of Interests Act") in connection with this resolution or any other official action of the Authority in connection therewith. . NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. It is hereby fOWld and determined that the construction al!.d equipping of the --"--Proj ect wl1n:>emfue ptililIc-'lnteresC ana-W'iITprom61ethe commerce, sarety,--nea1th-;-welfare~-"-~-- convenience or prosperity of the Commonwealth of Virginia, the City 'ofRoanoke, Virginia and their citizens. 2. The Authority hereby agrees to assist the Borrower in financing or refinancing the Plan of Financing by undertaking the issuance of its revenue bonds in an amount not to exceed $6,000,000 upon terms and conditions mutually agreeable to the Authority and the Borrower. The bonds will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more series at one time or from time to time. 3. It having been i'epresented to the Authority that it is necessary to proceed immediately with the Plan of Financing, and the planning therefor, the Authority agrees that the Borrower may proceed with plans for. the Plan of Financing, enter into contracts for land, construction,' materials and equipment for the Project, ahd take such other steps as it may deem appropriate in connection with the Plan of Financing, provided, however, that nothing in this resolution. shall be deemed to authorize the Borrower to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Financing. The Authority agrees that the Borrower may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the. Act and applicable federal laws. 4. At the request of the Borrower, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection ,with the issuance of the bonds. 5. All costs and expenses in connection with the financing or refinancing of the Plan of Finaricing and the construction and equipping of the Project, including the fees and expenses of Bond Counsel. and Authority Counsel, shall be paid. by the Borrower or, to the extent permitted by applicable law, from the proceeds of the bonds. If for any reason such bonds are not. issued, it is understood that all such expenses shall be paid by the Borrower and that the Authority shall have no responsibilitytherefoI'. ' 6.. In adopting this resolution the Authority intends to take "official' action" toward the issuance of the bonds and to evidence its "official intent" to reimburse from the proceeds of the bonds any expenditures paid by the Bon-ower to finance or refinance the construction and equipping of the Project and t.~e planning therefor before the issuance of the bonds, all within the -2- meaning ofregulatiohs issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related sections of the Code. 7. The Authority recommends that the City Council of the City of Roanoke, Virginia, approve the issuance of the bonds. 8. No bonds may be issued pursuant to this resolution until such time as the issuance of the bonds has been approved by the City Council of the City of Roanoke. Virginia. 9. This resolution shall take effect immediately upon its adoption. -3- CERTIFICATE 2007. Secretaiy of the Economic Development Authority of the City of Roanoke, Virginia [SEAL] RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA A.UTHORIZING THE ISSUANCE OF UP TO $6,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS (VIRGINIA- LUTHERAN HOMES BRANDON OAKS PROJECT), SERIES 2007 A. The Economic Development Authority of the City of Roanoke, Virginia (formerly the Industrial Development Authority of the City of Roanoke, Virginia) (the "Authority") is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code oL\[ir-g.inia.of-1-950-,-as-amended-~the~~Act~)--tQ-issu~--its-.re-venue-bOBGS-t0-nnanee-0Hefinanee-tfle----.-------... construction .and equipping of facilities for the residence or C81'e of the aged to protect and promote the health and welf81.e of the inhabitants ofthe Commonwealth of Virginia. B. Virginia Lutheran Homes, Inc., a not-for-profit Virginia non-stock corporation . (the "Borrower"), has requested that the Authority issue its Residential Care Facility Mortgage Revenue Bonds (Virginia Lutheran Homes Brandon Oaks Project), Series 2007 (the "Bonds") in an aggregate principal an10unt not to exceed $6,000,000 to finance or refinance (1) the costs of constructing and equipping a renovation of and expansion to the Borrower's existing continuing qare retirement community known as Brandon Oaks, located at 3804 Brandon Avenue, in the City of Roanoke, Virginia ("Brandon Oaks"), consisting of approximately 20,000 square feet of renovated space to include, without limitation, a pool, a fitness and wellness center, dining areas and staff and resident activity space (the "Project"), (2) other capital expenditures at Brandon Oaks, working capital and funded interest, and (3) amounts required to fund a debt service reserve fund and to pay costs of issuance and other expenses in connection with the issuance of the bonds (the "Plan of Financing"); C. The Bonds 81'e expected to be offered for sale by Davenport & Company LLC (the "Underwriter"), pursuant to a Preliminary Official Statement of the Authority (the "Preliminary Official Statement"), with respect to the Bonds, a draft of which has been provided to the Authority. D. The Authority will lend the proceeds of the issuance and sale of the Bonds to the Borrower under the Loan Agreement, dated as of October 1, 2007 (the "Loan Agreement"), between the Authority and the Borrower, and the Borrower will apply the proceeds under the terms of the Loan Agreement to finance or refmance the costs of the Plan of Financing. E. The Bonds are being issued pursuant to a Bond Trust Indenture, dated as of October 1, 2007 (the "Bond Indenture"), between the Authority and U.S. Bank National Association (the "Trustee"). The Bonds will be secured by an obligation issued by the Borrower ("Obligation No.4") in an original principal amount equal to the original aggregate principal amount of the Bonds, to be issued under the Master Trust Indenture dated as of December 1, 2002 (the "Master Indenture") between the Borrower and U.S. Bank National Association, as successor Master Trustee under the Master Indenture, as previously supplemented and amended, and as supplemeI?-ted and amended by a Supplemental Indenture for Obligation No.4 dated as of October 1, 2007 (the "2007 Supplement") between the Authority and the Trustee. \4725030_ 3 F. The Bonds are expected to (1) be sold to the Underwriter for a total compensation to the Underwriter not to exceed 2.25% of the original aggregate principal amount of the Bonds, pursuant to the terms of a Bond Purchase Agreement between the Authority, the Borrower and the Underwriter (the "Bond Purchase Agreementll) dated the date of execution and delivery thereof, (2) have a maximum true interest cost not to exceed 7.75% per annum., and (3) have a final maturity not later than December 31, 2043 (collectively, the "Bond Termsll). G. The Bonds are expected to be sold in a maximum aggregate principal amount not to exceed $6,000,000. _ H.______ Th~r~.hJj,y~dle_en_.p_LesJ~nt.e-d-tfLthis-me.e.tin~the-pI.'e~--forms..of_theJollo.wing___ ____._.._________ instruments, which the Authority, if a party thereto, proposes to execute to carry out the transactions described above, copies of which have been filed with the records of the Authority: .._ (a) Bond Purchase Agreement; (b) Preliminary Official Statement; (c) Bond Trust Indenture; (d) Loan Agreement; (e) . Obligation No.4 with the Authority's assignment thereof; and (f) Tax Compliance Agreement dated as of October 1, 2007, betwe~n the. Authority and the Bon-ower (the "Tax Compliance Agreement"). 1. The Bond Purchase Agreement, the Loan Agreement, the assignment of Obligation No; 4, the BondTrust Indenture, and the Tax Compliance Agreement are referred to below as the IlAuthority Documents." NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY 'OF ROANOKE, VIRGINIA: 1. The issuance of the Bonds is approved. The Bonds shall be in substantially the form attached as an exhibit to the Bond Trust Indenture. J 2. The Bonds and the Authority Documents are approved in substantially the forms submitted to this meeting, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) consistent with the Bond Terms as may be approved by the Chairman or the Vice Chairman of the Authority, whose approval will be evidenced conclusively by the execution and delivery of the Bonds. 3. The Chairman and Vice Chairman of the Authority are each hereby authorized and directed to execute and deliver the Bonds to or for the account of the Underwriter and the Authority Docwnents to the other parties thereto upon approval of their final form, terms and conditions consistent with the Bond Terms.. The Chairman and the Vice Chairman are each authorized to approve the interest rates, maturities, redemption provisions and other terms of the -2- Bonds, subj ect to the parameters stated above in paragraphs F and G, with the inclusion of such terms in the Bond Purchase Agreement evidence of such approval. The sale of the Bonds to the Underwriter, or a group of underwriters including the Underwriter, pursuant to the Bond Purchase Agreement is hereby approved and authorized provided such sale shall be consistent with the Bond Terms. 4. The use and distribution by the Underwriter of the Preliminary Official Statement in the form on file with the Authority are in all respects authorized, ratified and approved. For purposes of Rule 15c2-12 of the Securities and Exchange Commission,. the Chairman and .the Vice Chairman of the Authority are each hereby authorized to deem the Preliminary Official StatemenLr.elating-to-the-B-ondS-finaLexcept-fo!--infOJ.mation-permitted- -to.-be-.omitted-- under- paragraph (b)(l) of such Rule. The Chairman and Vice Chairman of the Authority are each hereby authorized and directed to execute and deliver the Authority's approval of the final official statement (the "Official Statement") upon approval of its form, terms and conditions. Such officer's execution shall constitute conclusive evidence of his approval of such form, terms and conditions. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of Rule 15c2-12. 5. The Official Statement and its use and distribution by the Underwriter is authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chairman or Vice.- 'Chairman of the Authority, whose execution thereof shall constitute conclusive evidence of his approval of such form, terms and conditions. 6. The Chairman and the Vice Chairman of the Authority are each authorized to execute on behalf of the Authority the Bonds and the Authority Documents to which the Authority is a party, and the Assistant Secretary of the Authority is authorized to affix the seal of the Authority to the Bonds and, if required, the Authority Documents and to attest such seal. The signatures of the Chairman, the Vice Chairman and the Assistant Secretary and the seal of the Authority may be by facsimile. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, and to .do and perform such things and acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the Authority Documents or such instruments, documents or certificates, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved, ratified and confirmed. 7. This resolution shall be effective immediately. .-3- CERTIFICATE The undersigned Assistant Secretary of the Economic Development Authority of the City of Roanoke, Virginia (formerly the Industrial Development Authority of the City of Roanoke, Virginia) (the "Authorityfl), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority at a meeting duly . called and held on September 12, 2007, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect onthe date hereof. WITNESS the following signature and seal of the Authority the 12th day of September, ._.____2Dlt7__________u"_.._____...... . ...__... _._____._.. _. _.__._. _ ......__..._..... _...__....._..._. ___n. .._.________..___.___._....___________...______. . ~ Assistant Secretary, Economic Development Authority of the City of Roanoke, Virginia .., A- Economic Development Authority Board of Directors'Finacial Reprot Period ending August 31, 2007 CHECKING ACCOUNT (B of A) Debits Qredits Date Balance 3/31/07 $102,10494 $7,353.68 4/17/07 $109,458.62 4/23/07 $29,45862 $23,377.81 5/8/07 $52,83643 61510'7 $29_4-5B...6.2..____ 6/20/07 $28,90862 $34,000.00 6/28/07 $62,908_62 $11,688.90 7/26/07 $74,597.52 7/30/07 $68,596.11 $29,133.33 7/31/07 $9'7)29.44 7/30/07 $93,596.11 $25,000.00 8/6/07 $118,59611 8/1/07 $93,596,11 8/16/07 $81,907.21 8/31/07 $81,907.21 4/17/07 $0.00 -Balance Forward (last statement) Transfer from savings Check to new investment acct (Valley Bank) Performance Agree re-pay to City (Precision) PedoJJDancaAgre_e-L~PAyJrQtJL2re_cisionIe_cholo-9-y__$23+3nB 1 Treasure of VA (Annual Fee) $550.00 United Health Repayment , Performance Agree re-pay from Precision Techology Glenn Feldman Facade advance (City: Atomic TV & Wetz Big Lick) Fai;:ade Grant: Atomic TV Fai;:ade Grant: Candy Factory 324 LLC Facade advance (City) Performance Agree re-pay to City (Precision) Balance this statement $80,000.00 $6,001.41 $4,133,33 $25,000.00 $11,688.90 INVESTMENT ACCOUNT Bank of America - Savings Account CLOSED INVESTMENT ACCOUNT (Valley Bank) Commercial Money Market Balance Forward~ (last statement) Interest Interest Interest Interest. 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CIl7 l~ ,,'" ~~ iU- ct c Dated: September/ ~ 2007 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, heretofore, on November 10, 2004, the Economic Development , Authority of the City of Roanoke, Virginia (the "Authority"), in accordance with the provisions of Virginia Code S 15.2-953, agreed t6 enter into a Performance Agreement which was subsequently dated November 18, 2004 (the "Performance Agreement") to 'provide a grant of funds to be provided through the City of Roanoke, Virginia to IMD Investment Group, LLC, a Virginia limited liability company ("IMD") of up to Nine Million Dollars ($9,000,000.00) to be paid out over a 15 year period after a minimum of 58,000 square foot grocery store, a drug store, approximately 516 structured parking spaces, associated infrastructure and another minimum additional 60,000 square feet of restaurant, retail and.office space is built, equipped and operational on certain property located at'the northwest quadrant of the intersection of Wonju Street and Franklin Road, S.E., in the City of Roanoke, Virginia; and WHEREAS, due to unanticipated time delays which IMD has represented were beyond its control, IMD has requested certain time extensions for completion of certain of its obligations under the Performance Agreement; and ' 1 WHEREAS, heretofore, the City of Roanoke and the Economic Development Authority approved the time extensions which have been memorialized in Amendment No., 1 to Performance Agreement dated November 14,2006; and WHEREAS, due to additional unanticipated time delays which. IMD has - - represented were beyond its control, IMD has requested further time extensions for complying with its obligations under Section 2 (D) of the Performance Agreement as amended by Amendment; and . WHEREAS, the City of Roanoke and the Economic Development Authority approved the additional time extensions which have been memorialized in Amendment , '.- No.2 to Performance Agreement (the "Amendment") presented to this meeting; and WHEREAS, the Authority has been informed by its attorney that the Amendment is in. order and consistent with federal and state law as well as wiL~ the intent of the City to make a gr'ant to IMD. NOW THEREFORE, the Directors of the Economic. Development Authority of the City of Roanoke, Virginia do hereby FIND that approving and entering into the Amendment and that making the grants described in the Performance Agreement are for the purposes of promoting economic development and are in furtherance of the purposes for which the Authority was organized; and further FIND that such grants to IMD are in furtherance of the purposes of the Virginia Industrial Development and Revenue Bond Act, being Chapter 49 of Title 15_2 of the Code of Virginia, 1950, as amended, including for the purposes of promoting economic development, and that 2 such grants or other financial assistance are to be made from revenues of the Authority which have not been pledged or assigned for the payment of any of the Authority's bonds, that the funds to be received by the Authority from the City pursuant to the Performance Agreement are described by the word "revenues" set out in subdivision 12 of Virginia Code S15.2-4905; and the directors do hereby approve ~he Amendment presented to them at this meeting and do hereby direct the officers of the Authority to execute and deliver the same and to take an such further action as may be necessary, convenient or expedient to carry out the terms of the Amendment and the Performance Agreement, as. amended, and the spirit and intent of this Resolution and of the City's . grant to IMD. This resolution shan take effect immediately. CERTIFICATE The undersigned,. Allen Damon . Williams Secretary to the Economic Development Authority of the City of Roanoke, Virginia does hereby certify that the foregoing is a true, correct and complete Resolution adopted by the affIrmative vote of 6-0 members of the Economic Development Authority of the City of Roanoke, Virginia at a regular meeting of ~he Authority duly called and held on September 12,2007.. Date: September 12, 2007 (SEAL) 3 .:;." -" Dated: September 19,2007 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ~OANOKE, VIRGINIA WHEREAS, the City of Roanoke, Virginia has made a commitment to Roanoke Hotel Group, LLC, a Virginia limited liability company ("RHG") to provide funds through the Economic Developlilent Authority of the City of Roanoke, Virginia (the "Atkthority") of up to One Million Dollars ($1,000,000) to be paid in up to 6 :'~ . annual Economic Development Grants (the "Grant"), in order to assist with the development of structured ground for parking and other infrastructuy'e related to f building in the flood plan for a development of certain property located along Reserve . I Avenue, ,in; thy City of Roanoke, Virginia, on which RHG will construct a Cambria Suites hotel, with at least 127 rooms and a parking garage and landscaping (the "Facility"). WHEREAS, there has been presented to the Board of Directors a Performance Agreement carrying out the terms of the City's grant offer to RHG and to which the Authority is a party for purposes of serving as a conduit for the grant in accordance with the provisions of Virginia Code S 15.2,"953; and WHEREAS, the Authority has been informed by its attorney that the Performance Agr'eement is in order and consistent with federal and state law as 'Yell as with the intent of the City to provide funds to the Authority to make the Grant to RHG_ NOW THEREFORE, the Directors of the Economic Development Authority - . of the City of Roanoke, Virginia do hereby FIND that entering into the Performance Agreement and that making the Grant are for the purposes of promoting economic development and are in furtherance of the purpos'es for which the Authority was orgamzea~--ana--fUft1fer;--FIND-"-iliar suc!i-tneGfanrtO---RRG--is---iilffirtlierance or--tlie-..-----..------..-------- purposes of the Virginia Industrial Development and Revenue Bond Act, being Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, including the purposes of promoting economic development, and that the Grant or other financial assistance are to be made from revenues of the Authority which have not been pledged or assigned for the payment of any of the.. Authority's bonds and that the funds to be received by the Authority from theCitypmsuant to the Performance Agreement are described by the ~, <t~, , word "revemies" set out in subdivisions 12 and 13 of Virginia Code S 15.2-4905; and the directors do hereby approve the Performance Agreement presented to them at this . meeting and do hereby direct the officers -of the Authority to execute and deliver the same and to take all such further action as may be necessary, convenient or expedient to carry.out the terms of the Performance Agreement and the spirit and intent of this Resolution and of the Grant to RHG. _ This resolution shall take effect immediately. The undersigned, Allen Damon Williams Secretary to the Industrial Development Authority of the City of Roanoke, Virginia does hereby certify that the foregoing is a true, correct and complete Resolution adopted by the affirmative vote of 6-0 members of the 'Economic Development Authority of the City of Roanoke, Virginia at a regular meeting of the Authority duly called and initially held on September 12,2007 and recessed to September 19; 2007.. -@J?-Lt.--.J.,'" / ~~~~L -.,:.:5-------- ..~~~D---"..~...-.--~. ;>/J/kll D/tfl'jgt/ W,lla,.,..J , Secretary Date: September !'i~2007 (SEAL) .;l , :MINUTES OF A REGULAR :MEETING ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA December 12, 2007 Directors present: Derinis R Cronk Linda Davis Frith ...-F.-Gor.don-Ilancock -... C. E. Hunter Stuart Revercomb A. Damon Williams Directors absent: S. Deborah Oyler Also present at the meeting were Harwell M. Darby, Jr., Counsel to the Authority; Brian Townsend, City of Roanoke Assistant City Manager for Community Development; Brian Brown, City of Roanoke Economic Development Division Administrator; Chris Copenhaver, City of Roanoke Economic Development Division Specialist; Jim Flowers of VT Knowledge Works; Chuck Terrell of Virginia Western Community College; Bruce Phipps, President/CEO of Goodwill Industries of the Valleys, Inc. and Christine Visscher of Goodwill' Industries of the Valleys,. Inc.; Ed W ~er, principal and Cooper Youell, attorney, for The Hancock Building, LLC; Ed Natt, Special Counsel to the Authority for purpose of advising the Authority in its consideration of The Hancock Building LLC Performance Agreement. ~Chairman Dennis R. Cronk called the meeting to order at 8:05 a.In. and declared that a quorum was present. On mqtion by Mr. Hancock and seconded by Mr. Hunter, the Authority unanimously approved the minutes of the September 12, 2007 regular meeting. After review of the financial report, on motion by Mr. Hunter and seconded by J\1r.. Hancock, the Authority unanimously received the financial report dated as of November 30, 2007 a. copy of which is attached to these minutes. The Treasurer informed the Authority that he would make certain allocations between the Authority's checking and savings account in order to maintain necessary liquidity and at the same time maximize investment return. On motion by Mr. Hancock, seconded by Mr. Williams, the Authority voted 6-0 to defer its consideration of the application of A. Gary and Jeanne Yamine for a fayade grant on property located at 4528 Williamson Road, Roanoke, Virginia 24012. On motion by Mr. Hunter, seconded by Mr. Hancock, the Authority voted 6-0 to approve a Fa9ade Grant for Goodwill Industries of the Valleys, Inc. in the amount of 1 $16,373.28, being one-third of the costs of improving the fa9ade to the building located at 2502 Melrose Avenue, N. W., Roanoke, Virginia, completed on or before June 30, 2008 and the grant funded on or before December 12, 2008 and with the requirement that the Economic Development Specialist review the documentation Supporting each expenditure to ensure compliance with the Fas:ade Grant guidelines and report back the final amount to the Board as soon as the proj ect is completed. At approximately 9:00, Ed Natt was introduced to the Board and took on the role as advisor to the Authority for its consideration of the Performance Agreement for The Hancock Building, LLC due to potential business conflicts of Glenn, Feldmann, . H___ ._ _ H.D.arhy_&.GQodlatte.. . Brian Tmvnsend presented the basics of the Performance Agreement that had been approved by City Council for The Hancock Building, LLC on December 3, 2007 and Ed Walker and Cooper Youell answered several questions of the Board. There ensued an open, detailed, and frank discussion of the question of whether the Performance Agreement would promote economi,c development, and the Authority was advised by Mr. Natt that it may make that legislative determination in its discretion based on such facts, circumstances and considerations as it deems appropriate. At 9:55 a.m. on motion by Mr. Hancock, seconded by Ms. Frith, the Authority voted 3-3 on a resolution to approve the Performance Agreement for The Hancock Building,.LLC; on which vote the resolution failed to pass. The vote was taken as a roll call vote as follows: Mrs. Frith Mr. Hancock Mr. Hunter Mr. Revercomb Mr. Williams Mr. Cronk Yes Yes Yes No No. No On motion by Mr. Hancock, seconded by Ms. Frith, the Authority voted 6-0 to approve an extension to the Performance Agreement for Valley View, LLC. There being no further business, Mr. Cronk adjourned the meeting at 10: 10 a.m. Attachments (2): 1) Financial Report dated as of November 30, 2007. 2) Resolution approving an Extension to the Performance Agreement with Valley View Mall, LLC. 2 Economic Development Authority Board of Directors Finacial Reprot Period ending November 30, 2007 CHECKING ACCOUNT (B of A) Balance Forward (last statement) Transfer from savings Check to new investment acet (Valley Bank) Performance Agree re-pay from Precision Techology Performance Agree re-pay to City (Precision) Treasure of VA (Annual Fee) Advance from City: United Health Performance Agree re-pay from Precision T echo logy Glenn Feldman Facade advance (City: Atomic TV & Wetz Big Lick) ... .... .- .... .-. .... Fac;:ade-Grant: Atomic-TV . Fac;:ade Grant Candy Factory 32~ LLC Facade advance (City -Candy Factory) Performance Agree re-pay to City (Precision) Fac;:ade Grant: Wetz Big Lick Repayment to United Health: Job Creation Facade advance (City -Tudor) Fac;:ade. Grant: Tudors Facade advance (City: JMT Holding) Payment to City: Precision Techology Fac;:ade Grant: JMY Holding Advance from City: United Health Facade advance (City -Stage Sound) Repayment to City: Precision Tech Fac;:ade Grant: Stage Sound United Health payment: Job Creation Balance this statement INVESTMENT ACCOUNT Bank of America - Savings Account INVESTMENT ACCOUNT (Valley Bank) Commercial Money Market Balance Forward: (last statement) Interest Interest Interest Interest Deposit - Bond Issuance (Lutheran- $6.030.21 & Carilion- $140,441.47) Interest Deposit Interest Fee for Performance Agreement Interest Interest Balance this statement Interest Information: Annual percentage yield earned: 4..54% Interest Paid Year To Date: $4,551.29 Debits Credits Date Balance 3/31/07 $102,104.94 $7,353.68 4/17/07 $109,458.62 $80,000..00 4/23/07 $29,458.62 $23,377_81 5/8/07 $52,836.43 $23,377.81 6/5/07 $29,458.62 $550.00 6/20/07 $28,908.62 $34,000.00 6/28/07 $62,908.62 $11,688.90 7/26/07 $74,597.52 $6,601.41 7/30/07 $68,596.11 $29,133_33 7/31/07 $97,729.44 .- .$4;133-;3-3 - --- - -7/30/0'1- _h' --$93;596";1"1 $25,000.00 8/6/07 $118,596.11 $25,000.00 8/1/07 $93,596.11 $11,688.90 8/16/07 $81,907.21 $23,310.00 9/17/07 $58,597.21 $34,000,.00 9/17/07 $24,597_21 $9,728.60 9/19/07 $34,325.81 $9,728.60 10/1/07 $24,597.21 $9,347.53 10/15/07 $33,944.74 $11,688.90 10/15/07 $45,633_64 $9,347.53 10/18/07 $36,286.11 $13,000.00 11/8/07 $49,286.11 $23,073.38 11/9/07 $72,359.49 $11.688.90 11/15/07 $60,670.59 $23,073.35 11/16/07 $37,597.24 $13,000.00 11/23/07 $24,597.24 11130/07 $24,597.24 CLOSED 4/17/07 $0.00 Date Balance 4/20/07 $80,000.00 Debits Credits $107.29 4/30/07 $80,107.29 $302.76 5/31/07 $80,410.05 $284.30 6/29/07 $80,694.35 $546.97 I 7/31/07 $81,241.32 $146,471,,68 7/19/07 $227,713.00 $860.63 8/31/07 $228,573.63 to $1,500.00 9/15/07 $230,073.63 $783.21 9/30/07 $230,856.84 $4,700.00 10/26/07 $235,556,.84 $879.0S! 10/31/07 $236,435.93 $787.04 11/30/07 $237,222.97 11/30/07 $237,222.97 Dated: December 12,2007 RESOLUTION OF THE ECONOMIC DEVELOP:MENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, heretofore, on June 14, 2006, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority"), in accordance with the provisions of Virginia Code g 15.2-953, agreed to enter into a,Performance Agreement which was .dated June 15, 2006 (the "Performance Agreement") to provide a grant of funds to be provided through the City of Roanoke, Virginia to Valley View Mall, LLC, a Virginia limited liability company ("VVM") of up to One Million Dollars ($1,000,000.00) to be paid out over a 5 year period after demolition of a building, installing requisite infrastructure, constructing new buildings for retail establishment, obtaining 5 year or longer base leases with six establishments and investing or caused to be invested over $17,400,000 on the project on property located along the Ring Road, consisting of resubdivided tax map number 2370107 and a certain parcel of property outside. such tax map as and more particularly described in the Performance Agreement; and WHEREAS, VVM has requested certain time extensions for completion of certain of its obligations under the Performance Agre~ment; and WHEREAS, heretofore, the City of Roanoke and the Economic Development Authority approved the time. extensions which have been memorialized in Amendment No.1 to Performance Agreement to be dated December 12,2007 (the "Amendment"); and I WHEREAS, VVM has requested a time extension of nine (9) months for complying with. its obligations under Section 2 (A) and (B) of the Performance Agreement; and . . WHEREAS, the City of Roanoke and the Economic Development Authority approved the additional time extension which has been memorialized in the presented to this meeting; and "WHEREAS, the Authority has been informed by its attorney that the Amendment is in order and consistent with federal and state law as well as with the intent of the City to make a grant to VVM. 1 NOW THEREFORE, the Directors of the Economic Development Authority of the City of Roanoke, Virginia do hereby FIND that approving and entering into the Amendment and that making the grants described in the Performance Agreement are for the purposes of promoting economic development and are in furtherance of the purposes for which the Authority was organized; and further FIND that such grants to VVM are in furtherance of the purposes of the Virginia Industrial Development and Revenue Bond Act, being Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as .H___amended,incll.l;ding for ..the .p-urposes . ofpromoting.e.c.onomic development, and that . such grants or other financial assistance are to be rp.ade from revenues of the Authority which have not been pledged or assigned for the payment of any of the Authority's bonds, that the funds to be received by the Authority from the City pursuant to the Performance Agreement are described by the word "revenues" set out in subdivision 12 of Virginia Code g15.2-4905;- and the directors do hereby approve the Amendment presented to them at this meeting and do hereby direct the officers of the Authority to execute and deliver the same and to take all such further action as may be necessary, convenient or expedient to carry out the terms of the Amendment and the Performance Agreement, as amended, and the spirit and intent of this Resolution and of the City's grant to VVM. This resolution shall take effect immediately. CERTIFICATE . The undersigned, Allen Damon Williams Secretary to the' Economic Development Authority of the City of Roanoke, Virginia does hereby certify that the foregoing is a true, correct and complete Resolution adopted by the affirmative vote of members of the Economic Development Authority of the City of Roanoke, Virginia at a regular meeting of the Authority duly called and held on December 12, 2007. Date: December~, 2007 ~- Allen Damon Williams Secretary (SEAL) 2 " f) i ." MINUTES OF A REGULAR l\1EETING ECONOMIC DEVELOP:MENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA February 13,2008 Directors present: Dennis R Cronk F. Gordon Hancock '. ... . mC;-E;'Hunter- .. .... ... .. A. Damon Williams Directors absent: Linda Davis Frith Stuart Revercomb S. Deborah Oyler Also present at the meeting were Samuel F. Vance, IV, Counsel to the Authority, Brian Brown, City of Roanoke Economic Development Division Administrator, Chris Copenhaver, City of Roanoke Economic Development Division Specialist, and Lindsey Hurt, City of Roanoke Economic Development Division Specialist. Chairman Dennis RCronk called the meeting to order at 8:00 a.m. and declared that a quorum was present. A new City of Roanoke Economic Development Division Specialist was introduced. Her name is Lindsey Hurt, and she will take over 100% of the duties of Enterprise Zones, which includes fayade grants. Chris Copenhaver announced that he . will go part time and focus 100% of his efforts on the new Entrepreneurial Zones. Brian Brown announced that the EDA will move to the old Carilion Biomedical Institute space on Church Avenue in May of2008. On motion by Mr. Hunter and seconded by Mr. Hancock, the Authority unanimously approved the minutes of the December'12, 2007 regular meeting. After review of the financial report,. on motion by Mr. Hancock and seconded by Mr. Hunter, the Authority unanimously received the financial report dated as of December 31,2007, a copy of which is attached to these minutes. Chairman Cronk reported to the board the Art Museum of Western Virginia had extended an invitation to members of the EDA to schedule a tour of the new Art Museum. Members present indicated their desire to accept the invitation and instructed I\1r. Cronk to ma..l(e the arraignments in conjunction \vit."'1 the March BDA meeting. 1 ,. .( .. Chris Copenhaver and Brian Brown led a discussion on Enterprise Zone changes for 2008. Namely, there are some planned expansions to each of Zones One A and Two. There is a public hearing on these changes on February 19. Chris Copenhaver added that there is still roughly $92,000 left in fayade grant money for this fiscal year and that the EDA will receive at least another $100,000 on July 1. Brian Brown led a discussion on the two Entrepreneurial Zones that are being applied for at this time. One is focused, but not limited to, downtown. The other is focused. but not limited to, the Hurt Park and Norwich neighborhoods. There were no fayade grant applications before the Board for this meeting. There was no other new business. There being no further business, Mr. Cronk adjourned the meeting at 9:25 a.rn.. Attachments: 1) Financial Report dated as of December 31, 2007. 2 " " i ij Economic Development Authority Board of Directors FinaciaJ Reprot . Period ending December 31, 2007 CHECKING ACCOUNT (B of A) Balance Forward (last statement) Transfer from savings Check to new investment acct (Valley Bank) Performance Agree re-pay from Precision Techology Performance Agree re-pay to City (Precision) Treasure of VA (Annual Fee) Advance from City: United Health Performance Agree re-pay from Precision Techology Glenn Feldman Facade advance (City: Atomic TV & Wetz Big Lick) .. Fa9S-de Grant -AtomicTi! Fac;ade Grant: Candy Factory 324 LLC Facade advance (City -Candy Factory) Performance Agree re-pay to City (Precision) Fa9ade Grant Wetz Big Lick Repayment to United Health: Job Creation Facade advance (City -Tudor) Fac;ade Grant Tudors Facade advance (City: JMT Holding) Payment to City: Precision Techology Fac;ade Grant JMY Holding Facade advance (City -Metro Prop.) Advance from City: United Health Facade advance (City -Stage Sound) Repayment to City: Precision Tech Fac;ade Grant: Stage Sound United Health payment Job Creation Facade advance (City -Higher Ed) Fac;ade Grant: Higher Ed Balance this statement INVESTMENT ACCOUNT Bank of America - Savings Account INVESTMENT ACCOUNT (Valley Bank) Commercial Money Market Balance Forward: (last statement) Interest Interest Interest Interest Deposit - Bond Issuance (Lutheran- $6,030.21 & Carilion- $140.441.47) Interest Deposit Interest Fee for Performance Agreement Interest Interest Interest Balance this statement Interest Information: Annual percentage yield earned: 4.54% Interest Paid Year To Date: $4,551.29 Debits Credits Date Balance 3/31/07 $102,104..94 $7.353..68 4/17/07 $109,45862 $80,000.00 4/23/07 $29,458.62 $23,377_81 5/8/07 $52.836.43 $23.377.81 6/5/07 $29,458.62 $550_00 6/20/07 $28,908.62 $34,000.00 6/28/07 $62,908.62 $11,688.90 7/26/07 $74,597.52 $6,001.41 7/30/07 $68,596.11 $29,133_33 7/31/07 $97,729.44 . $4,133.33 -- 7730707 --'$93~59e:11" -.. . $25,000.00 8/6/07 $118,596.11 $25,000.00 811/07 $93.596.11 $11,688.90 8/16/07 $81,907.21 $23,310.00 9/17/07 $58,597.21 $34,000.00 9/17/07 $24,597.21 $9,728.60 9/19/07 $34,325.81 $9,728.60 10/1/07 $24,597.21 $9,347.53 10/15/07 $33,944.74 $11,688.90 10/15/07 $45,633.64 $9,347.53 10/18/07 $36,286.11 $16,476.20 12/26/07 $66,073.44 $13,000.00 11/8/07 $49,286.11 $23,973.38 11/9/07 $72,359.49 $11,688.90 11/15/07 $60,670.59 $23,073.35 11/16/07 $37,597.24 $13,000.00 11/23/07 $24,597.24 $25,000.00 1217/07 $49,597.24 $25,000_00 12/19/07 $41,073.44 ~~7 $41,073.44 I ?1\C"I-- CLOSED 4/17/07 $0.00 Date Balance 4/20/07 $80,000.00 Debits Credits $107.29 4/30/07 $80,107_29 $302.76 5/31/07 $80,410.05 $284.30 6/29/07 $80,694.35 $546.97 7/31/07 $81,241.32 $146,471.68 7/19/07 $227,713.00 $860_63 8/31/07 $228,573_63 $1,500.00 9/15/07 $230,073.63 $783.21 - 9/30/07 $230,856.84 $4,700.00 10/26/07 $235,556_84 $879.09 10/31/07 $236,435.93 $787.04 11/30/07 $237,222.97 $815.98 12/31/07 $238,038.95 ~ !W6!67 $238,038.95 . 1.~-;t\C"" ... .-1. MINUTES OF A REGULAR MEETING ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA March 12,2008 Directors present: Dennis R Cronk C. E. Hunter A. Damon Williams S. Deborah Oyler Directors absent: Linda Davis Frith F. Gordon Hancock Stuart Revercomb Also present at the meeting were Harwell M. Darby, Jr., Counsel to the Authority; Brian Brown, City of Roanoke Economic Development Division Administrator; Chris Copenhaver, City of Roanoke Economic Development Division Specialist; and Lindsey Hurt, City of Roanoke Economic Development Division Specialist. Chairman Dennis R Cronk called the meeting to order at 8:00 a.m. and declared that a quorwn was present On motion by Mr. Hunter and seconded by Mr. Williams, the Authority unanimously approved the motion to amend the agenda to add a closed meeting pursuant to Virginia Code ~2.2-3711.A.5. for a discussion concerning a prospective industry where no previous announcement has been made of the industry's interest in locating its facilities in the City of Roanoke. On motion by Mr. Hunter and seconded by Ms. Oyler, the Authority unanimously approved the minutes of the January 13, 2007 regular meeting. After review. of the financial report, on motion by Mr. Hancock and seconded by Mr. Hunter, the Authority unanimously received the financial report dated as of February 29,2008, a copy of which is attached to these minutes. Chairman Cronk introduced George J. Mongon, Deputy. Director of Institutional Advancement, Art Museum of Western Virginia who gave a report on the progress of the Art Museum of Western Virginia. Mr. Mongon emphasized the economic development aspects of the museum and made this statement: 1 ~ The new Museum has been purposely placed within the Roanoke downtown core. It will act as a key building block to drive further downtown renewal. The process of the new building construction will add an estimated $114.2 million in total expenditures to the region's economy, including $30.1 million in construction-related wages that pay for 905 person-years of employment. New, out of town visitors who are attracted to the museum are projected.to spend an additional $9.87 million per year elsewhere in the community and up to $5.6 million within the Art Museum, its cafe and its Museum store. Including the Chamber of Commerce calculated "multiplier effect," the Museum will encourage up to $29.2 million in new net local spending, adding 470 jobs and over $9 million in wages to our economy. More specifically, the new MuseUm is projected to generate approximately $400,000 in sales, meals and accommodations taxes for the City of Roanoke, approximately $55,000 in sales, meals and accommodations taxes for Roanoke County, and over $700,000 in annual tax revenues for the Commonwealth. Enterprising local merchants already have demonstrated their belief in the opportunities by opening additional art galleries, developing condominiums and apartments, putting new investments in restaurants and even proposing a boutique hotel or two. They recognize the new Museum will offer additional stop-over incentives to the ''pass-through travelers" traversing the 1-81 corridor and will add important "critical mass" to the region's attractiveness. He also gave a report on plans to establish a concierge desk in the foyer of the Art Museum with information available on cultural and recreational opportunities in the 40 surrounding counties and with help on using visitor facilities in the Roanoke Valley. He answered several questions about financing and operation of the art museum facility. On motion by Williams, seconded by Oyler, the Authority voted 4-0 to approve a Fayade Grant for Conrad Holdings, LLC in the amount of $7,315.94, being the lesser of (1) one-third of the costs of improving the fayade to the building located at 303 Market Street, or (2) the maximum grant amount of $25,000.00, with the construction to be completed in September, 2008 and the grant funded on or before November 15, 2008 with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to ensure compliance with the Fayade Grant guidelines and report back the final amount to the Board as soon as the project is completed. Brian Brown made a report on the two Entrepreneurial Zones that are being developed by the City Department of Economic Development. Chris Copenhaver reported on an Entrepreneurial Express Workshop and Exposition to scheduled May 29, 2008 at the Virginia Western Community College Whitman 2 Auditorium. On motion by Mr. Hunter, seconded by Mr. Williams the board voted 4- o to dedicate $50,000 of its funds be available to the City Department of Economic Development for the financing and funding of its Entrepreneurial Zone programming including training money, research money and a loan program in accordance with the report on Entrepreneurial program and the application provided the directors at the meeting. Included in the $50,000 would be a $1,000 award to be made at the Entrepreneurial Express Workshop and Exposition. In its adoption of the motion, the Economic Development Authority board made a legislative finding that such program win promote economic development in accordance with the provisions of Virginia Codes g15.2-4905. At 9:00 a.m., on motion by Mr. Hunter, seconded by Ms. Oyler, the Authority voted 4-0 to go into a closed meeting for the purposes for a discussion concerning a prospective industry where no previous announcement has been made of the industry's interest in locating its facilities in the City of Roanoke. At 9:15 a.m. on motion by Ms. Oyler, seconded by Mr. Hunter the Authority voted 4- o to come out of closed meeting. On motion by Ms. Oyler, seconded by Mr. Hunter, the Authority took a roll call vote certifying that only legally exempted matters covered by the closed meeting motion were taken up in the closed meeting. The votes were recorded as follows: Mr. Cronk Aye Mr. Hunter Aye Ms. Oyler Aye Mr. Williams Aye There being no further business, Mr. Cronk adjourned the meeting at 9:20a.m. Attachments: 1) Financial Report dated as of February 29,2008. 3 Economic Development Authority Board of Directors Financial Reprot Period ending February 29, 2008 CHECKING ACCOUNT (Bank of America) Credits Date $41,073.44 Fa!;Bde Grant: Metro Prop. 1/7/08 $24,597.24 Glenn Feldman Darby (EDA Council) 1/7/08 $21.500.90 Transfer Out - Money marl<et 1/10/08 $6,500.90 Transfer In From Money Marl<a! $25,000.00 1/28/08 $31,500.90 Fa!;Bde Grant: Suzun Huges $25.000 00 1/28/08 $6,500.90 Facade advance (City -Suzun H & SERCAP) $50,000,00 1/30/08 $56.500.90 City Advance Performance (United Health: Job Creation) $2,500,00 1/30/08 $59.000.90 -Transfer Out . Money marl<el $25,000.00 2/12/08 $34.000.90 Facade advance (City -Musslewhite & Chapman) $40,936,87 2/26/08 $74.937.77 Balance this statement $74,937.77 INVESTMENT ACCOUNT CLOSED 4/17/07 Bank of America - Savings Account $0.00 INVESTMENT ACCOUNT (Valley Bank) Date Balance Period ending February 29, 2008 Commercial Money Market 4/20/07 $80,000.00 Debits Credits Balance Forward: (last statement) Interest $10729 4/30/07 $80.107.29 Interest $302.76 5/31/07 $80,410.05 Interest $284.,30 6/29/07 $80.694.35 Interest $546..97 7/31/07 $81.241.32 Deposit - Bond Issuance $146,471.68 7/19/07 $227,713.00 (Lulheran- $6,030.21 & Carilion- $140,441.47) Interest $860.63 8/31/07 $228,57363 Deposit $1,50000 9/15/07 $230.073.63 Interest $78321 9/30/07 $230,856.84 Fee for Performance Agreement $4,700..00 1 0/26/07 $235,556.84 Interest $879.09 10/31/07 $236,435.93 Interest $787.04 11/30/07 $237,222.97 Interest $815.98 12/31/07 $238,038.95 Depos~ $15,000.00 1/10/08 $228,038.95 Money Transfer Out - B&A $25,000.00 1/28/08 $228,038.95 Interest $817.,21 1/28/08 $228,856.16 Deposit $25,000,00 2/12/08 $253,856.16 Interest $631..02 2/29/08 $254,487.18 Balance this statement $254,487.18 Interest Information: Annual percentage yield earned: . 3.99% Interest Paid Year To Date: $1,448.23 ,f " MINUTES OF A REGULAR MEETING ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA April 9, 2008 Directors present: Dennis R. Cronk F. Gordon Hancock . C. E. Hunter Stuart Revercomb A. Damon Williams S. Deborah Oyler Directors absent: Linda Davis Frith Also present at the meeting were: Brian Brown, City of Roanoke Economic Development Division Administrator; Lin9-say Hurt, City of Roanoke Economic Development Division Specialist; Jeff Wood, Rife & Wood Architects for Goodwill Industries of the Valleys, Inc., Bill Hume of Interactive Design for Goodwill Industries of the Valleys, Inc., and Bruce Phipps, President of Goodwill Industries of the Valleys, Inc.; Jack Barber of . Madison and Monroe; Richard Goodpasture of Goodpasture Properties, LLC; Jim Sexton, and Harwell M. Darby, Jr. Counsel to the Authority. Chainnan Dennis R. Cronk called the meeting to order at 8:06 a.m. and declared that a quorum was present. On motion by Mr. Hunter and seconded by Mr. Hancock, the Authority unanimously approved the minutes of the March 13,2008 regular meeting. On motion by Mr. Hunter and seconded by Mr. Hancock, the Authority unanimously approved the minutes of the April 7, 2008 joint meeting with City of Roanoke City Council. After review of the fmancial report, on motion by Mr. Cronk and seconded by Mr. Hunter, the Authority unanimously received the fmancial report dated as of March 31, 2008, a copy of which is attached to these minutes. The directors reviewed an EDA Fa<;ade Grant summary report (attached) and instructed the staff to update the report and point out when a project has not been completed on deadline. The Staff is instructed to notify fa<;ade grant applicants whose projects were not completed in a timely fashion and to bring the matter to the attention of the Board for rescission or extension if applied for. 1 .' ~' On motion by Mr. Revercomb, seconded by Mr. Hancock, the Authority voted 6-0 to approve a Fayade Grant for Project Four, LLC in the amount of $25,000, being the lesser of (1) one-third of the costs of improving the fayade to the building located at 129 Salem Avenue, or (2) the maximum grant amount of $25,000.00, with the construction to be completed on or before June 1, 2008 and the grant funded on or before July 15, 2008 and conditional on final information receipt' and with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to ensure compliance with the Fayade.Grant guidelines and report back the final amount to the Board as soon as the project is completed. On motion by Mr. Revercomb, seconded by Mr. Hancock, the Authority voted 6-0 to approve a Fayade Grant for Witz Big Lick, LLC in the amount of $13,942.27 being the lesser of (1) one-third of the costs of improving the fayade to the building located at 209 First Street (2) the maximum grant amount of $25,000.00, with the construction to be completed on or before June 1, 2008 and the grant funded on or before July 15, 2008 and with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to ensure compliance with the Fayade Grant guidelines and report back the final amount to the Board as soon as the project is completed. Mr. Revercomb left the meeting at 8:35 a.m. On motion by Mr. Hunter, seconded by Mr. Williams, the Authority voted 5-0 to approve a Fayade Grant for Goodpasture Properties, LLC in the amount of the lesser of (1) one-third of the costs of improving the fayade to the building located at 2601 Franklin Road, or (2) the maximum grant amount of $25,00Q.00, with the construction to be completed on or before June 1, 2008 and the grant funded on or before July 15, 2008 and with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to ensure compliance with the Fayade Grant guidelines and report back the final amount to the Board as soon as the project is completed. At 9:45a.m. on motion of Mr. Hunter, seconded by Ms. Oyler, the Board recessed until 4:00 p.m. and agreed to reconvene at the new building being built for the Art Museum qfWestern Virginia. At 4:00 p.m. Mr. Hunter, Mr. Hancock, Mr. Williams and Mr. Cronk reconvened outside the Art Museum of Western Virginia's new building under construction. Also present were Ms. Hurt and Mr. Darby, and the Board was given a tour of the new building by Mr. George J. Mongon, Deputy Director of Institutional Advancement. After the tour of the Art Museum's new building, Mr. Cronk adjourned the meeting at 4:55 p.m. Attachments (2): 2 " 1) Financial Report dated as of March 31, 2008. 2) EDA Fa<;ade Grant Summary Report 3 " Economic Development Authority Board of Directors Financial Reprot Period ending March 31, 2008 CHECKING ACCOUNT (Bank of America) Debits Credits Date Balance Fagade Grant MusslSwhlte $15,936.87 3/4/08 $59,000.90 Unltad Health payment: Job Creallon $2,500.00 3/4/08 $56,500.90 Falfllde Grant: SERCAP $25,000.00 3/6/08 $31,500.90 Precision Tech Repayment $1,000.00 3/18/08 $32,500.90 Falfllde Grant: Chapman $25,000.00 3/25/08 $7,500.90 Balance this statement $74,937.77 INVESTMENT ACCOUNT CLOSED 4/17/07 Bank of America - Savings Account $0.00 INVESTMENT ACCOUNT (Valley Bank) Date Balance Period ending Februal)' 29, 2008 Commercial Money Market 4/~0/07 $80,000.00 Debits Credits Balance Forward: (last statement) Interest $107.29 4/30/07 $80,107.29 Interest $302.76 5/31/07 $80,410.05 Interest $284.30 6/29/07 $80,694.35 Interest $546.97 7/31/07 $81,241.32 Deposll - Bond Issuance $146,471.68 7/19/07 $227,713.00 (Lulheran- $6.030.21 & Carillon- $140,441.47) Interest $860.63 8/31/07 $228,573.63 Deposit $1,500.00 9/15/07 $230,073.63 Interest $783.21 9/30/07 $230,856.84 Fee for Performance Agreement $4,700.00 10/26/07 $235,556.84 Interest $879.09 10/31/07 $236,435.93 Interest $787.04 11/30/07 $237,222.97 Inlerest $815.98 12/31/07 $238,038.95 Deposit . $15,000.00 1/10/08 $228,038.95 Money Transfer Oul - B&A $25,000.00 1/28/08 $228,038.95 Interest $817.21 1/28/08 $228,856.16 Deposit $25,000.00 2/12/08 $253,856.16 Interest $631.02 2/29/08 $254,487.18 Interest $666.20 3/31/08 $255,153.38 Balance this statement $255,153.38 Interest Information: Annual percentage yield earned: . 3.13% Interest Paid Year To Date: $2,114.43 EDA Fayade Grant Summary Report 7-Sop-(J7 Economic Davila monl AulhoiilYFa de Grant Proc ram Approval Committed Per Delta (Fu.... Expiration Total Level of Appnl:8DI Name Building Address Commlltdbul nul Actual Payment Date Paid AppncatloD Date Minot.. _d,DlCklnlollM: Date IDv..bnent Date poij 3-A'ljlomlc TV 271B nRd 3-ADr-llB $ 12,191.B9 $ - $ 12,191.B9 3-ADr'(}7 1l1-Dec.(}B &-Nav eulsh 'nvestment 310 1 T'" $ 7,599.15 $ 5,586.85 B-Nov.(}7 Il1-0ao-OB $ 16,780.55 9~Aun. s Sunralu, Inc. 210 B-Au 25 000.00 $ $ B-Au -07 Il1-0ao-06 $ii.'. ..';]9:2B5;00, B.Nov.(}B SE Rural Comm. Assist. 347 B-Nov $ $ I TOV.(}7 .., $ 136,597.00 14-Jul-06 Goo a Slanlav ..::';:,' il+Jlil' . IS"'. .$ '~', .'.I17i27M2' 27-Ju 27.Jul - $ $ 12,400.00 14-Ju va. l+Jul $ 23310.00 $ - $ 5-Sa 7 I 8O,BI4.00 B-Aun- . Chamber rson Sl Il-Aun..ll61 $ 14561.00 $ 6,087.33 $ l!-Aun-07 lG-Sap.o7 I 25,421.00 B-Auo- SW B-A $ 9 900.00 $ 171.40 ll-Auo0Q7 17-5a0-07 $ 29,185.80 B-Nov- sCo. 8-NoV. B $ 15333.00 $ 5,985.47 $ B-Nnv.(}7 If\-Ocl-o7 $ 2B,D42.BO 14-Ma,- ah Ave. 14-Msr.07 $ 22 7BB.48 $ 284.B7 $ 14-Mar'08 2B-Oct-o7 $ 89,220.05 13..1';1- ar enter 101 13.Jul-05 $ 25 000.00 $ - $ 3OoOct-07 4-0ao-07 $ 73 D49.00 . 14-Jul- Paterson 21G-214 Mart<e! SlrBBl 14-Ju~06 $ 25 000.00 I B,623.80 $ 14.Nov-07 .28-080-07 $ 49 42B.59 13.Jun- un Hu-h.. & John WIIs< aIAV..sw 13.Jun-D7 $ 25000.00 I . $ 13.Jun-llB 15-JuT}.08 $ 75.119.37 Il1-Jul- h.n MuooolwhU. . 301 nSI.. 13.Jul-05 $ 24 453.00 I B516.13 $ 3B.B7. l..Qct-07 25-FalrDB $ 47,Bl0.62 3G-Jul- Sal.m LtC 400 Av. SW 12-5. 07 $ Ii $ - $ 00.00 12.S....08 ll-Mar-08 $ 103,793.03 B-F.b-06 Aaron' Jax..Qrtando 3 moon Rd. B-F.b-06 $ 12, I 0.33 $ 12,447.00 B-Fa1>-o7 14.Mar.(}7 Black 0 Pro. LLC 914131h S\. 14-Mar-07 $ B, 14-Mar.(}B 7.F 22 Camob.n Ava. SW 7-Fab-D5 $ 10, $ - $ 10,000.00 7-Feb-oB 14-MlU' . LtC 117 ve,SE 14-Ma''(}7 $ IS, iB 29-Fe LC 303 12-Mar-oB $ 7. . 12 3O-Jan senoff 202 3D.Jen-07 $ 000.00 ~ct-OB 5..Qol-115 Ema 240 5..Qct-115 $ $ 1;087.0B $ 2 736.92 25-Ma, 25oMar-115 $ $. 794.79 $ 1 705.21. 25oMa"OB Il..Qct Il..Qct-oB $ 1'-Oct-07 1-Nov 1h.V va. NW 12-0.c.(}7 $ lB 12-080-0B 1 a .rson SI. SE 14-Mar-07 $ 19 14-Mer..Q8 2 403 Salem Ave Fab-D5 $ 1 $ 4 B70.BB $ 5,535.00 25-Fab-oB an $ $ - $ 25,000.00. 22-Nov-05 Mou lne Ava $ $ 7,184.90 $ 1,735.10 22-Nov-oB 1'-0ct-OB Mou ll-OOt-06 $ 20,987.00 a 17-Nov-D4 N Church a. 17-Nov-D4 $ 25 000.00 $ $ 25 000.00 . 17 7.Jun-05 One 2ndS\. 7.Jun-05 $ 25.000.00 $ $ 25 000.00 7 1 Mardis" 1115 Piedmont SI. SE 14-Mer.07 l';i. 1 1G- B lD-Auo-115 ~. $ 1 B-Fa Glenn .:i:.iB-Fiill'OB i;..\;'~;~;.:;{:': ..' '$..'. ~ i . ~ c:";i:.;:..",BO,OOO:OO "". ". 13.Jul ertFB1zer "Ave. 13-Jul-115 $ . $ 25 9-Jan-07 SMnkv Macher . aemAve 9-Jan-07 $ ,. 9-Jsn--OB $ 6B6.712.3B $ 61,065.25 $ 473,417,62 ro rlatJons Oat. roved 19-Jul-D4 $ 1.Jul-OS $ l.Ju1-06 $ 1-5a 06 $ 1.Jul-07 $ GroBII Benlnnlnn Balance Data Amount 7-Sap-07 $ 493.BB1.39 7-Anr-oB $ 407,904.39 J> .< i' MINUTES OF A REGULAR MEETING ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA May 14, 2008 Directors present: Linda Davis Frith F. Gordon Hancock C. E. HUnter Stuart Revercomb A. Damon Williams Directors absent: Dennis R. Cronk S. Deborah Oyler Also present at the meeting were: Brian Brown, City of Roanoke Economic Development Division Administrator, Lindsay Hurt, City of Roanoke Economic Development Division Specialist, and Harwell M. Darby, Jr., Counsel to the Authority. Vice Chairman Charles E. Hunter called the meeting to order at 8:06 a.m. and declared that a quorum was present. On motion by Mr. Hancock and seconded by Mr. Williams, the Authority unanimously approved the minutes of the April 9, 2008 regular meeting. After review of the financial report, on motion by Mr. Hancock and seconded by Ms. Frith, the Authority unanimously received the financial report dated as of April 30, 2008, a copy of which is attached to these minutes. Vice Chairman Hunter informed the Directors that they have received the Preliminary Audit Report and will review the Final Audit Report at the next meeting. On motion by Mr. Hancock, seconded by Ms. Frith the Authority voted 5-0 to table a Fa<;ade Grant for Sorrrnac, LLC in the amount of $4,983.33 for the property located at 25 Church Avenue, S.W. On motion by Mr. Williams, seconded by Ms. Frith the Authority voted 5-0 to extend the completion date to August 31, 2008 for the Fa<;ade Grant previously approved for Jefferson Street Properties LLC for the property located at 412 South Jefferson Street. On motion by Mr. Hancock, seconded by Ms. Frith the Authority voted 5-0 to extend the completion date to June 30, 2008 for the Fac;ade Grant previously approved for Drs. Richards and Rosenoff for the property located at 202 Market Street. 1 .. Mr. Brown indicated there may be a special meeting in early June for the purposes of assisting a business project. Lindsay Hurt announced that the City Council on Monday this week had. approved $250,000 to be available in the 2009 fiscal year for fa9ade grants. Brian Brown informed the board that the fa9ade grant for Spankie Macher would be terminated if requested receipts and related materials were not received by the end of this fiscal year. There being no further business, Mr. Hunter adjourned the meeting at 8:35 a.m. Attachments (1): 1) Financial Report dated as of April 30, 2008. 2 ;il' CHECKING ACCOUNT (Bank of Amanca) Economic Development Authority Board of Directors Financial Reprot Fiscal Yaar July 1 2007 -Juna 30 2008 May S/a/am9n/2008 Trnnsfer Out- Money market Trnnsfer In From Money Marl<et Fagada Grent: Suzun Huges Facade advance (City -Suzun H & SERCAP) City Advance Performance (United Health: Job Creation) Transfer Out - Money marl<et Facade advance (City -Musslewhlte & Chapman) FaQade Grnnt Musslewhlle United Health payment Job Creation FaQade Grant: SERCAP Precision Tech Repayment Fagade Grant: Chapman ~ $15,000.00 $25,000.00 $25,000.00 $15,936.87 $2,500.00 $25,000.00 $25,000.00 Credits $25,000.00 $50,000.00 $2,500.00 $40,936.87 Balance this statement. rm1\jlr;llf~;l!i'iI~'ll\j~ r ,':~%I~~IIJ,'\' , ~~~:!;: ::,q'" :' ~ ,( ;.~:i,~ m fii;j{t'u, ";. ',. '. l' '~j, ;~~rfi ,,'-.)~::ifrtJ!i6]Ol.t~ 9 $1,000.00 INVESTMENT ACCOUNT (Valley Bank) Commercial Money Market Balance Forward: (last statement) Interest DeposIt - Bond Issuance (Lutheran- $6,030.21 & Canllon- $140,441.47) Internst Daposlt Interest Fee for Parformance Agreement Interest Interest Interest Deposit Money Trnnsfer Out - B&A Interest Deposit Interest Interest Interest Balance this statement Interest Information: Monthly Annual percentage yield earned: Interest Paid Year To Date: Interest Paid to Date: Fiscal Year July 07-June 30 2008 2.89% $2,712.12 $7,385.04 Date 1/10/08 1/28/08 1/28/08 1/30/08 1/30/08 2/12/08 2/26/08 . 3/4/08 3/4/08 3/6/08 3/18/08 3/25/08 y. .' . ~ $6,500.90 $31,500.90 $6,500.90 $56,500.90 $59,000.90 $34,000.90 $74,937.77 $59,000.90 $56,500.90 $31,500.90 $32,500.90 $7,500.90 $8,500.90 Date Balance 6/30/07 $80,694.35 Debits Credits $546.97 7/31/07 $81,241.32 $146,471.68 7/19/07 $227,713.00 $860.63 8/31/07 $228,573.63 $1,500.00 9/15/07 $230,073.63 $783.21 9/30/07 $230,856.84 $4,700.00 10/26/07 $235,556.84 $879.09 10/31/07 $236,435.93 $787.04 11/30/07 $237,222.97 $815.98 12/31/07 $238,038.95 $15,000.00 1/10/08 $253,038.95 $25,000.00 1/28/08 $228,038.95 $817.21 1/28/08 $228,856.16 $25,000.00 2/12/08 $253,856.16 $631.02 2/29/08 $254,487.18 $666.20 3/31/08 $255,153.38 $597.69 4/30/08 $255,751.07 $255,751.07 \. ,\. ~ MINUTES OF A REGULAR MEETING ECONOMICDEVE.LOPMEN.T AUTHORITY .. . . ,.,.. . OF THE CITY 0.... F..... ROANOKE VIRGINIA . . ... . . , . .. . . June 11; Z008 Directors..pres('''l1t:. Directors..absent: Dennis R. Cronk F. GOrdon Hancock C.R Hunter A. Damon Williams Linda' Davis Frith Stuart Revetcomp S..De"borah Oyler Alsopt~sen:~ at the meeting were: Harwell M. Darby, Jr., COUllselto the Authority; Brian Brown, City of Roanoke EconomicI)evelopmentDivision Administrator, Lindsay HUrt, City of Roanoke Ec.onomic Pevelopment Division Specialist, Neal Keesee, Esq., attorney for IMP Ihvestrrient Group and HentyClay Nelson, reprcseliting Antique Blue LLC. Chairman Dennis R. Cronkcalledthe meeting to order at 8:00 a.m. and declared that ~ quorum was present. On motion by Mr. Hancock and seconded by Mr. Williams, the Authority unan.imQuslyapproved the minutes offhe;May 14,2008 regular meeting~ After review of the finanCial repo~bn m.otion by Mr. Hunter' and seconded by Mr. Hancock, the Authority unanimously.receivedthetinancial report dated as of May 31, 20Q8,acopy ofwhich is attached totheseniinutes. the Authority received a .stattiS report bll the IVy Market Development from Mr. K.eesee.Onmotion by Mr. Hancock, seconded by Mr. Wil1iam.s, the AuthoI'ity voted 4-0. to .approve of the resolution for the. extension of the IMP 'Investment Group P.edOl111MCe Agreement (certjfied resoltitionattached). Onl11otionby Mr. Hancock, seconded by Mr. Hunter, the Authority voted 4-0 to app..ov~aFayade Grant fQrAntjque BlueLLC in an amount not to exceed $2,270.40, be~~g; orie""thil'd of the costs of imProving the fayade not tO~;l(c~ed $6,880, to the building located at 12 EaSt Campbell~\\rith the construction to be completed on or before August 31, 2008 and the grant funded on or before October 15,2008 with the reqt.dremcnt that the Economic Development Specialist review the documentation s:uppo1'1ing ea~h expenditure to eI1s:LW~<1()l11pHance with the Fa9Ade Grant guidelines and report back the final amoUllt to the Bbard as soon as theproJectis completed. 1 On motion by 1\1r. Williams and seconded by Mr. Hancock, the Authority unanimously received the audit report dated as of June 30,2007, a copy of which is attached to these minutes. On motion by Mr. Hancock, seconded by Mr. Hunter, the..Authority voted 4..0 to.go into a cIQ~ed meeting for the purp()ses. of discussion~ c()nc~miQg two (2) matters relati.hg to bu~iness locatiohsorexpansions where nopre\rio~ announcement bas beel1l11ade of the business' interest in locating or expandihgih the community. 00 motion by Mr. Hunter,,'scconded by Mr. Hancodk the Authority voted 4-0 to CQme ()ut.of closed meeting. On motion by Mr. Williams, seconded by Mr. Hunter the Authority took arall call vote ~crtifying that only legally exempted matters covered by the closed meeting motioriwere taken lip in the elosedmeeting. The votes were recorded as follows: Mr. Cronk Aye Mr~Hancock Aye Mr. lfuunter i\ye l\1r. Williams Aye 00 motion by Mr. flun~r, sccoi1dedbyMr. Williams, the AuthQrity voted 4-0 10 approv.~ the resolution fqf the Maple Leaf Bakery, Inc. Performance Agreement (certifiedrcsolution attached). 011111oti()1l by Mr. HiJi1~r.,secol1dedQY Mr. Willia.niS, the' Authority voted 4~O to change the monthly meetin.g date fot the Authority to the third Wednesday of the month. Thetebeing no furthetplJsil1es$,l\1r,. Cronk adjoutrie4the,tll~etirigat 9:07am. Attachments ( 3); 1) , Financial Report <lated as of May 3 1; 2008. 2) Resolutiorl a.pproving the. extensi oil of the IMDPerformance Agreement., 3) Resolution aPproving the Maple Leaf Bakery Performance Agreement. 2 Economic Development Authority Board of Directors Financial Reprot Fiscal Year July 1 2007 -June 3D 2008 May Statement 2008 CHECKING ACCOUNT (Bank of America) Debits Credits Date ~ Transfer Oul:M~eY~:;;k;;;-""- ...--.---..--...-----.----.--$15,OOO,OCJ"--------1/10/08 -.----..$6,500.90 Transfer In From Money Market $25,000.00 1/28/08 $31,500.90 Fa~de Grant: Suzun Huges $25,000.00 1/28/08 $6,500.90 Facade advance (City -Suzun H & SERCAP) $50,000.00 1/30/08 $56,500.90 City Advance Performance (United Health: Job Creation) $2,500.00 1/30/08 $59,000.90 Transfer Out . Money market $25,000.00 2/12/08 $34,000.90 Facade advance (City -Musslewhlte & Chapman) $40,936.87 2/26/08 $74,937.77 Fa~de Grant: Musslewhite $15,936,87 3/4108 $59,000.90 United Health payment: Job Creation $2,500.00 3/4/08 $56,500.90 Fa~deGrantSERCAP $25,000.00 3/6/08 $31,500.90 Precision Tech Repaymenl $1,000.00 3/18/08 . $32,500.90 Fa~deGrant:Chapman $25,000.00 3/25/08 $7,500.90 Precision Tech Repayment $1,000.00 5/9/08 $8,500.90 Balance this statement $8,500.90 ~ Balance 6/30/07 $80,694.35 Debits Credits $546.97 7/31/07 $81,241,32 $146,471.68 7/19/07 $227,713.00 $860.63 8/31/07 $228,573.63 $1,500.00 9/15/07 $230,073.63 $783.,21 9/30/07 $230,856.84 $4,700.00 10/26/07 $235,556.84 $879.09 10/31/07 $236,435.93 $787.04 11/30/07 $237,222.97 $815.98 12/31/07 $238,038.95 $15,000.00 111 0/08 $253,038.95 $25,000.00 1/28/08 $228,038_95 $817.21 1/28/08 $228,856.16 $25,000.00 2/12/08 $253,856.16 $631.02 2/29/08 $254,487_18 $666.20 3/31/08 $255,153.38 $597..69 4/30/08 $255,751.07 $571..76 5/30/08 $256,322.83 $256,322.83 INVESTMENT ACCOUNT (Valley Bank) Commercial Money Market Balance Forward: (last statement) Interest Deposit - Bond Issuance (Lutheran- $6,030 21 & Carilioil- $140,441.47) Interest Deposit Interest Fee for Performance Agreement Interest Interest Interest Deposit Money Transfer Out - B&A Interest Deposit Interest Interest Interest Interest Balance this statement Statement ending 5/30/08 Interest Information: Monthly Annual percentage yield earned: Interest Paid Year To Date: 2.75% $3,283.88 Jp '"" / Interest Paid to Date: Fiscai Year July 07-June 30 2008 $7,956.80 t: ~~(' Dated: June 11, 2008 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS" heretofore, on November 10, 2004, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority"), in accordance with the provisions of Virginia Code ~ 15.2-953, agreed to enter into a Performance Agreement which was subsequently dated November 18,2004 (the "Performance Agreement") to provide a grant of funds to be provided through the City of Roanoke, Virginia to IMD Investment Group, LLC, a Virginia limited liability company ("IMD") of up to Nine Million Dollars ($9,000,000.00) to be paid out over a 15 year period after a minimum of 58,000 square foot grocery store, a drug store, approximately 516 structured parking spaces, associated infrastructure and another minimum additional 60,000 square feet of restaurant, retail and office space is built, equipped and operational on certain property located at the northwest quadrant of the intersection of W onju Street and Franklin Road, S.E., in the City of Roanoke, Virginia; and WHEREAS, due to unanticipated time delays which IMD represented were beyond its control, IMD requested, and the City of Roanoke and the Economic Development Authority approved, certain time extensiorts which were memorialized in Amendment No.1 to Performance Agreement dated November 14,2006; and 1 /- WHEREAS, due to additional unanticipated delays, and at the request ofIMD, the City' of Roanoke and the Economic Development Authority approved an additional time extension for llvID's meeting its obligations contained in Section 2 (0) of the Performance Agreement which were memorialized in Amendment No. 2 to . Performance Agreement dated September 18, 2007; and WHEREAS, due to additional . unanticipated. time delays which IMD has . represented were beyond its control, llvID has requested a further time extension for complying with its obligations under Section 2 (0) of the Performance Agreement as amended by Amendments 1 and 2; and WHEREAS, the Economic Development Authority. of the City of Roanoke is . recommending that City Council approve the additional tin,le extension which has been set out in Amendment No. 3 to Performance Agreement (the "Amendment") and presented to this meeting; and WHEREAS, the City of Roanoke is scheduled to formally approve Amendment #3 to the Performance A.greement at its regular meeting June 16, 2008; and WHEREAS, the Authority has been informed by its attorney that the Amendment is in order and consistent with federal and state law as well as with the intent of the City to make a grant to IMD. NOW THEREFORE, the Directors of the. Economic Development Authority of the City of Roanoke, Virginia do hereby FIND that approving and entering into the Amendment and that making the grants described in the Performance Agreement are 2 for the purposes of promoting economic development and are in furtherance of the purposes for which the Authority was organized; and further FIND that such grants to IMD are in furtherance of the purposes of the Virginia Industrial. Development and Revenue Bond Act, being Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, including for the purposes of promoting economic development, and that such grants or other financial assistance are to be made from revenues of the Authority which have not been pledged. or assigned for the payment of any of the Authority's bonds, that the funds to _ be received by the Authority from the City pursuant to the Performance Agreement are described by the word "revenues" set out in subdivision 12 of Virginia Code ~15.2-4905; and the directors do hereby approve the Amendment . presented to them at this meeting and do hereby direct the officers of the Authority to execute and deliver the same after the City Council of the City of Roanoke, Virginia has approved it at its regular meeting June 16, 2008, and to take all such further action as may be necessary, convenient or expedient to carry out the terms of the Amendment and the.. Performance Agreement, as amended, and the spirit and intent of this Resolution and of the City's grant to IMD. This resolution shall take effect immediately. 3 CERTIFICATE The undersigned, A. Damon Williams, Secretary to the Economic Development Authority of the City of Roanoke, Virginia does hereby certify that the foregoing is a true, correct and complete Resolution adopted by the affirmative vote of Jf members of the Economic Development Authority of the City of Roanoke, Virginia at a regular meeting of the Authority duly called and held on June 11,2008. Date: June JL, 2008 .':':':d ...: t1~ :A. Damon Williams, Secretary .. .~' I' '. '- " . t\.- \(SEAL) :_....,.. .... - .. '." : , 4 Dated: June 11, 2008 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, the City of Roanoke,. Virginia (the "City") has made a commitment to Maple Leaf Bakery, Inc., a Delaware corporation ("MLB"), to provide an Economic Development Grant (the "Grant") through the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") of up to Two Hundred Thousand Dollars ($200,000) to be paid in up to 5 (five) annual installments, in order to assist MLB in the purchase of machinery and tools necessary to replace its oldest existing production line at its existing building located at 1955 Blue Hills Drive, Roanoke, Virginia 24012 (the "Project"). The Project will add 40 new jobs to the workplace. WHEREAS, :MLB has requested the Grant through the Authority to assist in the cost of the Project, and WHEREAS, there has been presented to the Board of Directors a Performance Agreement carrying out the terms of the City's offer to MLB and to which the Authority is a party for purposes of serving as a conduit for the Grant in accordance with the provisions of Virginia Code ~ 15.2-953; and M*'" - 1 - WHEREAS, the City Council of the City of Roanoke, Virginia is scheduled to approve the Performance Agreement at its next regular meeting now scheduled for JIDle 16, 2008; and, WHEREAS, the Authority has been. informed by its counsel that the Performance Agreement is, in his op~ion, in order and consistent with federal and state law as well as with the intent of the City to provide funds to the Authority to make the , . Grant to MLB, provided that the Authority make its own determination that the purposes of the proposed Grant pronioteeconomic development NOW THEREFORE, the Directors of the Economic Development Authority of the City of Roanoke, Virginia do hereby FIND that entering into the Performance Agreement and that making the Grant are for the purposes of promoting economic development and are in furtherance of the purposes for which the Authority was organized; and further FIND that such the Grant to MLB is in furtherance of the purposes of the Virginia Industrial Development and Revenue Bond Act, being Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, including the purposes of promoting economic development, and that the Grant or other financial assistance are to be made from revenues of the Authority which have not been pledged or assigned for the payment of any of the Authority's bonds and that the funds to be received by the Authority from the City pursuant to the Performance Agreement are described by the word '1'evenues" set out in subdivisions 12 and 13 of Virginia Code ~15.2-4905; and the directors do hereby approve the Performance Agreement presented to them at this , - 2- meeting and do hereby direct the officers of the Authority, once the Performance Agreement has been approved by the City Council, to execute and deliver the same and to take all such fwther action as may be necessary, convenient or expedient to carry out the terms of the Performance Agreement and the spirit and intent of this Resolution and of the Grant to MLB. This resolution shall take effect immediately. :" CERTIFICATE . . The undersigned, A. Damon Williams, Secretary to the Economic Development Authority of the City of Roanoke, Virginia does hereby certify that the foregoing is a true, correct and complete Resolution adopted by the affirmative vote of If members of the Economic Development Authority of the City of Roanoke, Virginia at a regular meeting of the Authority duly called and held on June 11,2008. ,,' Date: June.!!..., 2008 a-=~ A. Damon Williams, Secretary ,'. . ,- " o' . .:(SEAL) -3- MINUTES OF A SPECIAL :MEETING ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA June 25, 2008 Directors present: Linda Davis Frith F. Gordon Hancock C. E. Hunter S. Deborah Oyler A. Damon Williams Directors Absent: Dennis R. Cronk Stuart Revercomb Also present at the meeting were: Patrick R. Kelly, Counsel to the Authority and Lindsay Hurt, City of Roanoke Economic Development Division Specialist. Vice Chairman C. E. Hunter called the meeting to order at 3:05 p.m. and declared that a quorum was present. The Chairman's report was provided by Mr. Hunter. No new updates were provided, however it was noted that proper notice for the special meeting was given. Notwithstanding this fact, it was also noted that waivers were distributed to all of their board members for the consideration and signature. It was further noted that signed waivers had been received from Linda Frith, F. Gordon Hancock, C. E. Hunter, S. Deborah Oyler and A. Damon Williams. Additional waivers were to be signed and provided by all other members. The Board reviewed copies of the Performance Agreement memorializing the Economic Development Authority's issuance of a grant to Westport Axle Corporation, a Kentucky corporation authorized to do business in Virginia. The Board members reviewed and discussed the facts justifying the grant. Specific findings included a conclusion that Westport Axle Corporation had committed itself to expend approximately $ 2.5 million dollars in order to improve an existing commercial property now located within the City. It was also found that Westport Axle Corporation intends to utilize this facility in order to open a manufacturing plant within the City's boundaries. The Board found as a matter of fact that this new business would continue to stimulate the City's economy including the production of considerable tax revenues and the creation of at least 50 new jobs. Special concerns over the terms under which funds would be distributed were discussed. It was determined that immediate payout would be made upon confirmation of facility improvement expenditures by Westport Axle in an amount not less than $ 2.5 million. It was further determined that Westport Axle Corporation would be required to return the grant revenues if at any time within the next five (5) 1 years it was unable to confirm that it did not employ and intend to retain at least fifty (50) workers. The drafted Performance Agreement was reviewed and it was determined that references to Westport Axle should be consistent throughout the document. It was also determined that the EDA reserves the right to make concessions by way of an approved motion should any of the performance goals not be obtained during prescribed time period. F. Gordon Hancock made a motion to pass a resolution authorizing the EDA to approve and enter into the Performance Agreement. S. Deborah Oyler secopded the motion. The Authority, voted 5-0 to pass a resolution authorizing and approving the Performance Agreement. There being no further business, Mr: Hunter adj owned the meeting at 3: 15 p.m. Attachments (3): 1) Performance Agreement 2) Resolution 3) Waiver 2 PERFORMANCE AGREEMENT ~ This Performance Agreement (Agreement) is dateo:JllI1L 26, 2008, by and among 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 (EDA) and Westport Axle Corporation, a Kentucky corporation authorized to do business in Virginia (WC). WITNESSETH: WHEREAS, WC has proposed to create a manufacturing company in an existing building located at 802 Kyle Avenue, Roanoke, Virginia 24012 and bearing Tax Map Numbers 3111401, 3111402, 3111403, 3111404, 3111405, 3111406, 3111407, 3111408, 3111409,3111410,3111411,3111412,31211413,3111414, 3111415, 3111416, 3121603,3121604, and 3121605 ("Project"); WHEREAS, WC has proposed spending at least $2.5 million ($2,500,000.00) on the new location; " WHEREAS, WC has requested economic grants from the EDA to assist in the cost of the interior improvements of the existing building for the new company, including corridor access and dock door revisions, and WC will also add new jobs for work on the new line; WHEREAS, the EDA desires the Project proceed and have determined 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 WC, has determined to make a one time economic development grant to WC from funds to be provided by the EDA, 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 provide a one time Economic Development Grants ("Grant") of exactly $50,000.00, to WC in order to assist with the W A Performance Agreement (0010 1704).DOC . 1 Project and enabling a new axle production company to be established for the purposes of promoting economic development in the City and the Roanoke Valley. SECTION 2. OBLIGATIONS OF WC. B. Within 12 months after the date of this Agreement, WC agrees to have spent or caused at least $2.5 million to have been spent on upgrades to the building and new machinery and tools for the new line. The EDA may make written request, for the production of documentation confirming the expenditure of the $2.5 million on the Project. Upon receipt of such request, WC will, within 30 calendar days, provide the EDA with sufficient documentation confirming such expenditures. C. On or around each anniversary date of this Agreement, the EDA may. make written request, for the production of documentation confirming WC's satisfaction and ability to continue to satisfy its job's creation and maintenance satisfaction. Upon receipt of such request, WC will, within 30 calendar days, provide the EDA with sufficient documentation confirming its satisfaction of its job creation and maintenance requirement as well as its ability to continue to satisfy this requirement during subsequent years. WC's obligation to timely provided sufficient documentation confirming its satisfaction of its job creation and maintenance requirement as well as its ability to continue to satisfy this requirement during subsequent years shall continue until its obligation to maintain 50 job new jobs for five (5) years has be satisfied. D. Verification of the job creation and the expenditures submitted by WC shall be sufficient to allow the EDA to determine if and when WC has met the jobs and expenditure requirements. If the information submitted by we for verification of the jobs and expenditures is not in the EDA's estimation sufficient to evidence such jobs and expenditure, the EDA may request whatever additional documentation it deems necessary and sufficient to verify WC's satisfaction of the above mentioned job and expenditure requirements. W A Pelformance AgIeement (0010 1704}DOC 2 Upon receipt of such request, WC will, within 30 calendar days, provide the EDA with all requested documentation. All of the documents or information produced by WC to verify such jobs and costs or expenditures shall be provided to the EDA without any cost or charge to the EDA. E. WC will file all appropriate and applicable real estate tax returns, machinery and tools property tax returns, and other tax forms or notices with the City of Roanoke ("City"), ensure it has received assessments from the City for such taxes, and timely pay all such taxes to the City and not claim any exemptions from real estate taxes, machinery and tools property taxes, or other taxes. WC . shall also ensure the owner of the building and any entity operating and/or managing the Project, if different than WC, complies with all the obligations of this Section 2 (D) and any other applicable provisions of this Agreement. F. WC agrees to obtain and maintain all appropriate business licenses and other licenses or permits required to operate within the City of Roanoke, Virginia. SECTION 3. ECONOMIC DEVELOPMENT GRANT. A. Subject to the conditions as set forth in this Agreement, the EDA will provide certain Grant funds to WC, in order to assist with the Project. Once all obligations in the Agreement have been met and WC has provided sufficient documentation to assure the obligations have been met, the EDA will provide $50,000.00 to WC for the purpose of assisting with the interior improvements to the building. Such improvements will consist of corridor access and dock renovations. B. The maximum amount of all Grant funds WC may receive under this Agreement shall in no event exceed a total of $50,000.00. SECTION 4. PAYMENT OF EDA'S FEES. WC 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 WC for such items I and WC will pay such statements within 30 days after receipt. SECTION 5. COMPLIANCE WITH LAWS. \ WC agrees to comply with all applicable federal, state, and local .laws, rules, and regulations in the performance of this Agreement. W A Performance Agreement (00101704) DOC 3 PERFORMANCE AGREEMENT ~ This Performance Agreement (Agreement) is dateUUIlL 26, 2008, by and among 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 (EDA) and Westport Axle Corporation, a Kentucky corporation authorized to do business in Virginia (WC). WITNESSETH: WHEREAS, WC has proposed to create a manufacturing company in an existing building located at 802 Kyle Avenue, Roanoke, Virginia 24012 and bearing Tax Map Numbers 3111401, 3111402, 3111403, 3111404, 3111405,3111406,3111407,3111408, 3111409, 3111410, 3111411, 3111412, 31211413, 3111414, 3111415, 3111416, 3121603,3121604, and 3121605 ("Project"); WHEREAS, WC has proposed spending at least $2.5 million ($2,500,000.00) on the new location; (. WHEREAS, WC has requested economic grants from the EDA to assist in the cost of the interior improvements of the existing building for the new company, including corridor access and dock door revisions, and WC will also add new jobs for work on the new line; WHEREAS, the EDA desires the Project proceed and have determined 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 WC, has determined to make a one time economic development grant to WC from funds to be provided by the EDA, 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 provide a one time Economic Development Grants ("Grant") of exactly $50,000.00, to WC in order to assist with the . W A Performance Agreement (0010 1704).DOC 1 SECTION 6. DISTIBUTION OF FUNDS. The EDA will distribute $50,000.00, as previously referred to in this Agreement, ~o WC within 60 days of its upon receipt of documentation confirming to its satisfaction WC's completion of and payment for $2.5 million worth of building upgrades and new machinery and tool purchase, upgrades, installation, or repairs. All expenditures must be made for the benefit of a building owned or occupied by WC within the City of Roanoke, Virginia ("the benefited building"). WC's expenditure obligation will not be deemed satisfied until after WC has provided the EDA with documentation showing that WC has obtained a permanent certificate of occupancy and/or any other applicable permits, certificates, and licenses necessary for the operation of a production line in the benefited building. SECTION 7. PERFORMANCE. IfWC fails to comply with any ofWC's obligations under this Agreement, as determined by the EDA in the EDA's reasonable discretion, WC will not be entitled to be eligible for and/or receive any such Grant or Grant funds as referred to above or in this Agreement. SECTION 8. DEFAULT Should WC fail to provide documentation showing satisfaction of its payment of required expenditures for the benefit of the benefited building within 12 months of the date of this Agreement's execution date, the EDA is authorized to declare the WC in default. In the event of such a default, WC is not entitled to the distribution of any funds. The EDA may, upon written request, extend WC's time for satisfaction of its expenditure obligation. Such extension request shall be made should WC be delayed in the satisfaction of its expenditure obligation for any reason, including force majure as described below. Such an extension must be made in a dated writing signed by the EDA's Chair. Such an extension shall not amount to a waiver of the EDA's right to insist upon WC's obligation to make or cause required expenditures to be made for the benefit of the benefited building. If after the distribution of funds, WC is unable to timely provided document showing its continuing satisfaction of the above mentioned job creation and maintenance requirements the EDA is authorized to declare the WC in default. In the event of such a default, WC is required to return all distributed funds to the EDA within 60 days of notice of default. The EDA may, upon written request, extend WC's time for satisfaction of its job creation obligation. Such extension request shall be made should WC be delayed in the satisfaction of its job creation and maintenance obligation for any reason, including force majure as described below. Such an extension must be made in a dated writing signed by the EDA's Chair. Such an extension shall not amount to a waiver of the EDA's right to insist upon WC's obligation to satisfy the above mentioned job creation and maintenance requirements. WA Pelfonnance Agreement (OOl01704).DOC 4 111. 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. B. WC will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000 0 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 15. ASSIGNMENT. WC agrees not to assign or transfer any part of this Agreement without the prior written consent of the EDA, which will not be unreasonably withheld, delayed, or conditioned, and any such assignment shall not relieve WC from any of its obligations under this Agreement. SECTION 16. INDEMNITY. WC agrees to indemnify and hold hannless the EDA and their officers and directors free and hannless 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 WC 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 17. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Agreement, WC 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 18. 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 W A PeIfonnance Agreement (0010 1704).DOC 6 rights and/or remedies it has or might have against the defaulting party under this Agreement or by law. SECTION 19. 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 20. 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 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 If to WC, to: Vice President, Operations Westport Axle 1 2740H Westport Road Louisville, Kentucky 40245 Fax No. 502-425-2508 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 21. FORCE MAJURE. A delay in, or failure of, performance by any party, shall not constitute a default, nor shall WC 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 W A Performance A.greement (0010 1704).DOC 7 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 anyone 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 22. 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 amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the parties have executed this Performance Agreement by their authorized representatives. WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ::Zt~, Charles E. Hunter, III, Vice-Chair #y6- A. Damon Williams, Secretary WITNESS: LuA~~WS l/M:DA '~fDSPa:/AL/'S1 Printed Name and itle QAxle . '_\~~~ Rena L. Sharpe, Vice President, Operations W A Performance Agreement (0010 1704).DOC 8 Dated: June ~ 2008 RESOLUTION OF THE ECONOMIC DEVELOPlVIENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, the Economic Development Authority of the City of Roanoke) Virginia (the "Authority'jhas ma4e a commitment to Westport Axle Corporation, a Kentucky corporation authorized to do business in Virginia (''WC'') to provide a one time Economic Development Grant ("Grant") of exactly $50)000.00) to WC in order to assist with the development and improvement of an exiting building ("the Project") and enabling a new axle production company to be established for the purposes of promoting economic development in the City and the Roanoke Valley. WHEREAS) there has been presented to the Board of Directors a Performance Agreement carrying out the terms of the Authority's grant offer to WC; and WHEREAS, the Authority has been informed by its attorney that the Performance Agreement is in order and consistent with federal and state law as well as with the Authority's intent to provide funds to make the Grant to WC. (. NOW THEREFORE, the Directors of the Economic Development Authority of the City of Roanoke, Virginia do hereby FIND that entering into the Performance Agreement and that making the Grant. are for the purposes of promoting economic development and are in furtherance of the purposes for which the Authority was organized; and further FIND that such the Grant to WC is in furtherance of the purposes of the Virginia Industrial Development and Revenue Bond Act, being Chapter 49 of Title 15.2 of the Code of Virginia, 1950, as amended, including the purposes of promoting economic development, and that the Grant or other financial assistance are to be made from revenues of the Authority which have not been pledged or assigned for the payment of any of the Authority's bonds; and the directors do hereby approve the Performance Agreement presented to them at this meeting and do hereby direct the officers of the Authority to execlite and deliver the same and to take all such further action as may he necessary, convenient or expedient to carry out the terms of the Performance Agreement and the spirit and intent of this Resolution and of the Grant to WC. This resolution shall take effect immediately. CERTIFICATION The undersigned, A. Damon Williams, Secretary of the Economic Development Authority of the City of Roanoke, Virginia does hereby. certify that the foregoing is a true, correct and complete Resolution adopted by the affirmative vote of S- members of the Economic Development Authority of the City of Roanoke, Virginia at a special meeting of the Authority duly called and held on June !!E, 2008. Date: June .o?S; 2008 ~~ -- A. Damon Williams, Secretary (SEAL) WAIVER OF NOTICE OF SPECIAL l\fEETING The undersigned Directors of the Economic Development Authority of the City of Roanoke, Virginia (''the Authority'') do pursuant to Article II, Section 2 of the Authority's Bylaws, set-out below, hereby waive their entitlement to five (5) days advance written notice before of the Special Meeting of the Authority, now scheduled for June 25,2008 at 3:00 p.m. in the City of Roanoke Economic Development Office, 117 Church Avenue, Roanoke, VA 24011. This Waiver may be executed in separate parts. Date: June ~ 2008 Date: June ~ 2008 Date: June 2:32008 Date: June ~2008 Date: June ~ 2008 Date: June ~ 2008 - B:5?~ .....-- Dennis ~QwkCrDn I( ~{}~ m D. Frith . -- ~.~~ F. Gordon Hancock cc^~ C. E. Hunter~ ill ~Jf} S. eborah O~ er Stuart Revercomb Date: June -' 2008 dCkfi/{;J-/ A. Damon Williams Section 2. Special Meetings of the Authority may be called at any time by the Chairmah, and must be called at any time by the Chairman, or in his absence, by the Vice Chairman or Secretary, by written request of a majority by the members of the Board of Directors. Written notice stating the place, date, hour and purpose of the Special Meeting shall be given not less than five days, nor more than ten days, before the date of the meeting, either personally delivered or by mail, to each Director entitle to vote at such meeting. This notice may be waived by the Directors. 2 . Jun 25 08 01 :55p '~ Stuart Revercomb 540-345-7990 p,1 WAIVER OF NOTICE OF SPECIAL MEETING The undersigned Directors of the Economic Development Authority of the City of Roanoke, Virginia ("the Authority'') do pursuant to Article 11, Section 2 of the Authority's Bylaws, set out below, hereby waive their entitlement to five (5) days advance vvritten notice before of the Special Meeting of the Authority, now scheduled for June 25,2008 at 3:00 p.rn. in the City of Roanoke Economic Development Office, 117 Church Avenue, Roanoke, VA 24011. This Waiver may be executed in separate parts. Date: June __-' 2008 Dennis R. Crock Date: June --' 2008 Linda D. Frith Date: June --' 2008 F. Gordon Hancock Date: June --' 2008 C. E. Hunter, In Date: June --' 2008 S. DebQrah Oyler ~l/ Date: June -1, 2008 sh1/~ ~ .-,.. . "" 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 'f,. STEPHANIE M. MOON, CMC City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk , July 22, 2008 Wayne G. Strickland, Executive Director Roanoke Valley-Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that David A. Bowers has qualified as a City representative to the Roanoke Valley-Alleghany Regioqal Commission, for a term commencing July 1, 2008 and ending June 30, 2011; and David B. Trinkle has qualified as a City representative (elected official) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee, for a term ending March 31, 2011, and as a City representative to the Roanoke Valley Area Metropolitan Planning Organization, for a term ending June 30, 2011. Sincerely, ~In.~~uw Stephanie M. Moon, CMC City Clerk SMM:ew pc: Joyce S. Johnson, Assistant to the Mayor J Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David A. Bowers, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Roanoke Valley-Alleghany Regional Commission, for a term commencing July 1, 2008 and ending June 30, 2011, according to the best of my ability (So help me God). -wQ~~ Subscribed and sworn to before me thid day ~ . 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT , CLERK BY K:\oath and leaving service\Roanoke Valley Alleghany Regional Commission\David A. Bowers oath 6 30 201 1. doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Roanoke Valley Area Metropolitan Planning Organization for a term ending June 30, 2011, according to the best of my ability (So hel me God). Subscribed and sworn to before me this ~.J'^- day of ~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT Brj~J~~ I7IJA Dr7 ' CLERK K:\oath and leaving service\Metropolitan Planning Organization\David B Trinkle oath Metropolitan Planning June 30 2011.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, do solemnly affirm that I will support the Constitution of the United States of America and the Co_nstitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a as a City representative (elected official) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee, for a term ending March 31, 2011, according to the best of my ability (So help me God). Subscribed and sworn to before me this~day of ~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B(fA~>t'M - ~Jhl CLERK K:\oath and leaving service\Roanoke Valley Alleghany Regional Conunission\David B Trinkle oath08.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 22,2008 Deborah J. Moses, Director Hotel Roanoke Conference Center Roanoke, Virginia Dear Ms. Moses: This is to advise you that David B. Trinkle has qualified 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. Sincerely, ~O'::~M~M) City Clerk SMM:ew pc: Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061 Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, 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 the City Council representative the Hotel Roanoke Conference Center Commission, to fill the unexpired term of Jesse A. Hall ending April 8, 2011, according to the est of my ability (So help me God). Subscribed and sworn to before me this (""'-day of ~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT Brfn<~ ~iA f1put'l 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 STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 22,2008 Dr. Rita D. Bishop, Superintendent Roanoke City Public Schools Roanoke, Virginia Darlene L. Burcham City Manager Roanoke, Virginia Ladies: This is to advise you that David B. Trinkle has qualified as the City Council representative to the City of Roanoke/Roanoke City Pubic Schools Joint Services Committee, for a term commencing July 1, 2008 and endingJune 30, 2010. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City 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, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ dayof ~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~~ c/;.i~ [)e~ ,CLERK 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 STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 22, 2008 Allen Hullette, Superintendent Roanoke Valley Juvenile Detention Center 498 Corner Spring Road, N. E. Roanoke, Virginia 24012 Dear Mr. Hullette: This is to advise you that Ann H. Shawver has qualified as a City representative to the Roanoke Valley Juvenile Detention Center Commission, for a term offour years ending June 30, 2012. Sincerely, ~p,. r,..; Stephanie M. Moon, CM~ City Clerk S M M: ew pc: Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ann H. Shawver, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Roanoke Valley Juvenile Detention Center Commission, for a term of four years ending June 30, 2012, according to the best of my ability (So help me God). /(j() C;$DA,^~__ Subscribed and sworn to before me this l/JJ!::. day of ~ 2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT DelAT'(, CLERK K:\oath and leaving service\Roanoke Valley Juvenile Detention Center comrnission\Ann H Shawver oath June 30 2012.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 Depnty City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 22,2008 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 Susan M. Egbert has qualified as a member of the Roanoke Arts Commission, for a term ending June 30, 2011. Sincerely, . · m. '1f)'-' Stephanie M. Moon, CMC City Clerk SMM:ew pc: Melissa Murray, Recording Secretary, Roanoke Arts Commission Susan Jennings, Public Arts Coordinator, Economic Development Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Susan M. Egbert, 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 (50 help me God). / ~/~~~~ /ll- ,W Subscribed and sworn to before me this 1HJ. day of ~2008. BRENDA 5. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K:\oath and leaving service\Arts Commission\Susan Egbert oath 6 30 11.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 July 8, 2008 David C. Key, Chair City of Roanoke Pension Plan, Board of Trustees 3012 Spring Road, S. w. Roanoke, Virginia 24015 Dear Mr. Key: This is to advise you that Michael W. Hanks for a term of two years ending June 30, 2010; and Carolyn H. Glover for a term of four years ending June 30, 2012, have qualified as members of the City of Roanoke Pension Plan, Board of Trustees. Sincerely, ~YYJ. h-JO~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Andrea F. Trent, Retirement Administrator Joyce S. Johnson, Assistant to the Mayor /\ I \. / Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael W. Hanks, do solemnly affirm that I will support the Constitution Qf 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 City of Roanoke Pension Plan, Board of Trustees, for a term of two years ending June 30, 2010, according to the best of my ability (So help me God). r~~~~ ',,- Subscribed and sworn to before me this 'l day O~2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT' , BY ~~/JaI~+?ERK K:\oath and leaving service\Board of Trustees, Pension Plan\Michae1 Hanks oath 6 30 20 I O.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Carolyn H. Glover, 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 City of Roanoke Pension Plan, Board of Trustees, for a term of four years ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this Jlilfaay W008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT , ~ B K K:\oath and leaving service\Board of Trustees, Pension Plan\Carolyn Glover oath 6 30 2012.doc o CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 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 22, 2008 Jean M. Thurman, Secretary Board of Directors, Western Virginia Water Authority Roanoke, Virginia Dear Ms. Thurman: This is to advise you that Robert C. Lawson has qualified as a City representative to the Board of Directors, Western Virginia Water Authority, for a term ending June 30, 2012. Sincerely, ~ h-J. frt.o~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Wanda G. Riley, CPS, Clerk, Roanoke County Board of Supervisors P. O. Box 29800, Roanoke, Virginia 24018-0798 Joyce S. Johnson, Assistant to the Mayor ,;. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert C. lawson, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Board of Directors, Western Virginia Water Authority, for a term ending June 30, 2012, according to the best of my ability (So help me God). tr4 Subscribed and sworn to before me this J:i day of ~2008. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY (!fill mlkl1d{)-,/ VI1fJL'4, 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 Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 22, 2008 Sheila S. Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Stanley G. Breakell has qualified as a member of the Roan'oke Public Library Board, for a term ending June 30, 2011. Sincerely, ~~~c'10~ City Clerk SMM:ew pc: Joyce S. Johnson, Assistant to the Mayor K:\oalh and leaving service\roa public library boardlStanley G. Breakell qualification 6 30 2011.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stanley G. Breakell, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board, for a term ending June 30, 2011, according to the best of my ability (So help me God). Subscribed and sworn to before me this 11 day of ~08. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B~~ o . , CLE~4*r K:\oath and leaving service\roa public library board\Stanley G Breakell 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: cJerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching a copy of a petition from the -Yellow Cab Services of Roanoke, Inc., for a taxicab rate increase, which petition was before the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008. Sincerely, Qt;Ld).~ IN.. Stephanie M. Moon, CMC f)~' City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance July 07, 2008 ijeCeIVI:~, JUl 0 8 2008 '1i'( MANAGER'S Of~w Darlene Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Thank you again for agreeing to sponsor our petition to Council for a meter rate increase. As I mentioned in our conversation, this increase would help to offset the hardship our drivers are faced with concerning the high cost of gasoline. In addition, this increase would help Yellow Cab maintain its ability to attract and retain drivers. I have attached a copy of the petition to be presented at the July 21st session of City Council. I would appreciate any consideration to having this petition enacted on an emergency vote. If you need any additional information, please call me. Thanks again Darlene. ~~~. I W.E.Roberts, President Yellow Cab Services of Roanoke, Inc. PETITION TO THE COUNCIL OF THE CITY OF ROANOKE Yellow Cab Services of Roanoke, Inc., hereby respectfully petitions the Council for an adjustment in the rates for taxicab service and for-hire automobiles in the City of Roanoke, which rates are regulated by Council under Section 34-130 of the Code of the City of Roanoke (1979), as amended. There has been no increase in the taxicab meter rate in four years (May, 2004), but a $1.00 per trip fuel surcharge was added May 1, 2006. Because of continuing and substantial increases in the cost of doing business, your petitioner is compelled to petition Council for an adjustment in the rates for service. The proposed new rates represent an approximate sixteen (16.6%) increase over present rates (based on a 3 mile average trip) and are required if the cab company is to partially offset the increased costs of doing business which have been experienced since Council last allowed a fuel surcharge by ordinance May 1, 2006. The increased costs are dramatic: repair costs are up over 25% the last two years; fuel costs are up 67% since 2006; labor costs are up over 20% the past two years, as well as many other costs that have escalated in our industry. With very stnct insurance requirements governing new drivers driving records, it has become increasingly difficult to obtain competent, responsible drivers. The requested increase will provide higher earnings to this traditionally underpaid segment of the work force. In addition, this requested increase would help our company continue to upgrade our fleet to better serve Roanoke Valley residents. The only requested increase is as follows: (1) An increase in the initial meter drop rate of $2. 80 to $3.80 and nofuel surcharge of$1.00 per trip for the fIrst 117 mile and 30 cents for each additional 117 mile (or fraction thereof). Since the average trip in Roanoke presently costs $8.40 (3miles=$7.40 plus $1.00 fuel surcharge), the average increase in fare will be $1.40 per trip, an increase of 16.6%; (2) No increase in waiting time charged and no increase for additional passengers. In the event that gasoline prices were to increase to $5.00 per gallon on average, as calculated by the national average price per gallon for a period of 30 days, a gas surcharge of $1.00 would be added per trip. Likewise, ifthe price per gallon were to drop below $5.00 for a period of30 days, the $1.00 fuel surcharge would be dropped. Taxicab service in Roanoke is provided by Yellow Cab (40 vehicles), and Quality Taxi Company (5 vehicles). These companies have continued to meet adequately the public's need for taxicab services in the City of Roanoke, but cannot continue to do so unless the proposed rate increases are granted. The proposed increase in rates is in line with those proposed or in effect in major cities in Virginia. It should be noted that many cities levy extra charges not found in Roanoke (e.g., for packages, laundry, night service, etc.). It should be further noted that the taxicab industry is not subsidized in any manner whatsoever by any governmental agency, at any level. It is respectfully requested that the Council grant the request of this petition as expeditiously as possible. 2 Respectfully submitted, Yellow Cab' July 07, 2008 \J~< By ~ W.E.Roberts, president 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 July 21, 2008 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from William Roberts, President of Yellow Cab Services, to present to City Council a petition for a taxicab rate increase. Respectfully submitted, t\ ,-j)~ ~~u-Jm If Darlene L. Bur<f,ham City Manager DLB:jb c: City Clerk City Attorney Director of Finance CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 22, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 381 55-072108 appropriating funds from the Commonwealth' of Virginia for the Local Government Challenge Grant, arid 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, July 21, 2008, and is in full force and effect upon its passage. ' Sincerely, A~m. HL~ 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 Susan Jennings, Public Art Coordinator (x IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38155-072108. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, 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 Roanoke Symphony Orchestra Mill Mountain Theatre Arts Council Of The Blue Ridge Revenues Local Challenge Grant FY09 35-410-8743-3736 35-410-8743-3749 35-410-8743-3909 $ 1 ,500 1,500 2,000 35-410-8743-8743 5,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~rn'N")~ 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 CECEUA R. TYREE Assistant Deputy City Clerk July 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 381 54-072108 accepting the local government challenge grant offered to the City of Roanoke by the Commonwealth of Virginia Commission for the Arts, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008. Sincerely, ~/YJ. fYJblW Stephanie M. Moon, C~C City Clerk SMM:ew .;..-:.:.::.... Attachment pc: Ann H. Shawver, 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 Susan Jennings, Public Art Coordinator ~V\~ " IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st. day of July, 200g. No. 38154-072108. A RESOLUTION accepting the local government challenge grant offered to the City by the Commonwealth of Virginia Commission for the Arts, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke does hereby accept the local government challenge grant offered by the Commonwealth of Virginia Commission for the Arts in the amount of $5,000 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council dated July 21, 2008. 2. The City Manager and the City Clerk are hereby. authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~,~,~O~ City! Clerk;. , \.' CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Virginia Commission for the Arts - Local Government Challenge Grant Background: Notification has been received from the Commonwealth of Virginia Commission for the Arts that a $5,000 Local Government Challenge Grant (LGCG) has been awarded to the City of Roanoke. Application for the grant was made, based on recommendations developed by the Roanoke Arts Commission, for the Arts Council of the Blue Ridge, Mill Mountain Theatre, and Roanoke Symphony Orchestra. Considerations: In order to receive these funds, the Commission for the Arts must obtain written confirmation that local funds will be used to match or exceed the amount of the grant. For Fiscal Year 2008-09, the organizations receiving LGCG funds will also receive local funding through the Roanoke Arts Commission in the amounts shown below: Arts Council of the Blue Ridge Mill Mountain Theatre Roanoke Symphony Orchestra $22,510 14,100 38,300 Honorable Mayor and Members of City Council July 21, 2008 Page 2 Recommended Action(s): Adopt the attached resolution authorizing the acceptance of this grant, and authorizing the City Manager to execute any documents necessary to receive such grant; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $5,000 and to appropriate funding in the same amount to accounts to be established by the Director of Finance in the Grant Fund as outlined below. Arts Council of Blue Ridge Mill Mountain Theatre Roanoke Symphony Orchestra $2,000 1,500 1,500 Respectfully submitted, Darlene L. Bur ham City Manager DLB:prw Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Susan Jennings, Public Art Coordinator CM08-00 110 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 CECEUA R. TYREE Assistant Deputy City Clerk July 22, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38157-072108 appropriating funds from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Across Ages 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, July 21, 2008, and is in full force and effect upon its passage. Sincerely, ~h1.~ObW 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 Carol Tuning, Human Services Coordinator ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38157-072108. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Across Ages 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: Grant Fund Appropriations Fees for Professional Services Revenues Across Ages Program Grant FY09 035-630-5021-2010 $ 65,000 035-630-5021-5021 65,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: , W~h). '1~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Teiephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECEUA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22,2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38156-072108 accepting the Juvenile Justice Delinquency Prevention Grant made to the City of Roanoke in collaboration with Family Services of the Roanoke Valley from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008. Sincerely, ~ m. hlO/IYV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human/Social Services Carol Tuning, Human Services Coordinator i)iL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. )$15o-@u21@S~ A RESOLUTION accepting the Juvenile Justice Delinquency Prevention Grant made to the City in collaboration with Family Services of the Roanoke Valley, from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Juvenile Justice Delinquency Prevention Grant made to the City from the Department of Criminal Justice Services in the amount of $65,000, with $32,~OO in local matching funds (in kind) for a total award of $97,500, to be expended on Across Ages, an evidence based prevention program, in accordance with all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the letter of the City Manager to Council, dated July 21,2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, all necessary documents required to accept and administer the grant. All such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~ .'. J :"': ~"~." 'IJ 1r),/I'101f;v ~~ -i City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 21, 2008 'Honorable David A. Bowers, Mayor ~onorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Juvenile Justice & Delinquency Prevention - Across Ages in the City of Roanoke Background: In May, 2008, the City of Roanoke, in collaboration with Family Services of the Roanoke Valley, applied to the Department of Criminal Justice Services, under the Juvenile Justice Delinquency Prevention Grant Program, to fund an evidence-based prevention program designed to reduce the numbers of youth using substances such as tobacco, alcohol and marijuana and to enhance school attendance and successful graduation. As the grantee, the City of Roanoke has received notification of award in the amount of $65,000 in federal funds and $32,500 in local matching funds (in-kind) for a total award of $97,500. These funds must be expended or obligated during the award period of July 1, 2008 to June 30, 2009. Considerations: Across Ages has achieved documented results ,decreasing truancy and suspensions from school, improving grades, enhancing attitudes toward school and the future, improving attitudes toward adults in ,general and Honorable Mayor and Members of City Council July 21, 2008 Page 2 older adults in particular, increasing knowledge about the harmful effects of drug use, as well as lowering youths' use of substances. Family Service of Roanoke Valley will be replicating this model program's impressive prevention results in the City of Roanoke, working with high risk youth between the ages of nine and thirteen in various after school settings. Recommended Actions: Adopt the accompanying budget ordinance to appropriate $65,000 to fees for professional servrces in an account to be established by the Director of Finance in the Grant Fund and create a corresponding revenue estimate from the Department of Criminal Justice Services (DCJS) to provide funding for Family Service of Roanoke Valley. Respectfully submitted, Darlene L. Burc City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, 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/Social Services . Carol Tuning, Human Services Coordinator CM08-00 11 2 [COlvi]\;i(ONVVE'P~LTf.I of VIRGINIA L.f~onC1rd G Cool<.e Oirec\nr Departlnent ()l Criminal JLI\;lice Services 202 N. Ninth Street June 26, 2008 RichrnoncL Vir9inia 23219 (804) 786-4000 TOD (804) 386-8732 Ms. Darlene Burcham City Manager City of Roanoke 215 Church Ave., SW, Rm 364 Roanoke, VA 24016 Title: Juvenile Justice and Delinquency Prevention - Across Ages in the City of Roanoke Dear Ms. Burcham: I am pleased to advise you that grant number 09-B5418JJ07 for the above-referenced grant program has been approved in the amount of $65,000 in Federal Funds and $32,500 in Locality Match for a total award of $97,500. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we \vill disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests ami request for funds must be processed through our Grants Management Online Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way "\Ie can to assure your project's success. If you have any questions, please call Demian Futterman at (804) 786-0092. Sincerely, l i n 0 /: \--.____ -'\(..A''"'Y'-- ""'"'-0---...) \.!.) . '\ r' T J ~.~~ Leonard G. Cooke cc: Ms. Cheryl W. Hartman, Director Mr. Jesse A. Hall, Director of Finance Mr. Dcmian Futterman, DCJS Crirnmai .JustIce Sf~r''''f(;E": f3oarc! . Cornrnittee eifl Tr-r;Jinrnq "l.\dvjsory CC?f1'1r11ittf.;e on Juvenile .Justice /~.(jVjSi)ry COrnn~!He(:~ to Court. .b\ppointt"::d SpeCial f\dvocat€.1 an{] Chd(jf(~n'S Justice Act Firogran1S Privatt;~ Security SerVices .>\clvrsor:y' Board. Crin1inaf Justice ;(ifoffi!i1tron Systt~rns CorrHr1ittt~f.~ ....;...i\~;.vV.CjC}s. 'Jir~Jinicl.90v Department of Criminal Justice Services 202 North 9th Street, 5th Floor, Richmond, V A 232 t 9 Statement of Grant Award/Acceptance Grant Period: From: 07/0 I /2008 Through: 06/30/2009 Date: June 26, 2008 Grant Number: 09-B5418JJ07 Subgrantee: Roanoke City Project Director Project Administrator Finance Officer Ms. Cheryl W. Hartman Ms. Darlene Burcham Mr. Jesse A. Hall Director City Manager Director of Finance Youth Development Family Scrvice of R City of Roanoke City of Roanoke 360 Camphell Avenue SW 215 Church Ave., SW, Rm 364 215 Church Avenue. SW Roanoke, V A 24016 Roanoke, VA 24016 Roanoke, V A 24011 Phone: (540) 563-5316 Phone: (540) 853-2333 "hone: (540) 853-2824 Email: chartrnan@fsrv,org Emall: Darlene. burcham@roanokeva.gov Email: jesse. Itall@roanokeva.gov Grant Award Budget DCJS Funds Budget Categories Federal State Locality Match TOTALS Consultant 565,000 $0 $32,500 $97.500 Equipment $0 $0 $0 $0 Indirect Cost $0 $0 $0 $0 Pcrsonnel $0 $0 $0 $0 Supplies/Other $0 $0 $0 $0 Travel $0 $0 $0 $0 Totals $65.000 $0 $32,500 597.500 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. i ,0 , (] . ~~~C;. Lu~ Leonard G. Cooke, Director The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions altached thereto. does hereby accept this gran' and agree to the conditions pertaining thereto, this day of .20 Signature: Title: ST A TEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 202 North 9th Street Richmond, Virginia 23219 For the Juvenile Justice and Delinquency Prevention Title II Grant Program - Localities Subgrantee: Roanoke City Grant Number: 09-B5418JJ07 Federal Catalog Number: 16.540 Title: Across Ages in the City of Roanoke Date: June 26, 2008 The following conditions are attached to and made a part of this grant award: 1. Where the Statement of Grant Award reflects a required cash match contribution by the grant recipient, the recipient agrees, by accepting the award, to provide the match as shown in non-federal cash match. 2. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees: . to use the grant funds to carry out the activities described in the grant application, as modified by the terms and conditions attached to this award or by subsequent amendments approved by DCJS; . to adhere to the approved budget contained in this award and amendments made to it in accord with these terms and conditions; . and to comply with all terms, conditions and assurances either attached to this award or submitted with the grant application. 3. The subgrantee agrees to submit such reports as requested by DCJS. Funds from this grant will not be disbursed, if any of the required Financial or Progress reports are overdue by more than 30 days unless you can show good cause for missing the reporting deadline. 4. Grant funds, including state and local match, may be expended and/or obligated during the grant period. All legal obligations must be liquidated no later than 90 days after the end of the grant period. The grant recipient agrees to supply a final grant financial report and return all received and unexpended grant funds (exclusive of local match) to DCJS within 90 days after the end of the grant liquidation period. 5. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purposes. 6. Subgrantee may follow their own established travel rates if they have an established travel policy. If a subgrantee does not have and established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. Please refer to the following IRS website for the most current mileage rate: http://www.irs.2ov/taxllros/articlc/O..id=156624.OO.html: Transportation costs for air and rail must be at coach rates. 7. Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. Ifnot, the subgrantce must report to the DCJS, by letter, the steps taken to initiate the project, the reasons for the delay, and the expected starting date. If the project is not operational within 90 days of the start date, the subgrantee must obtain approval in writing from the DCJS for a new implementation date or the DCJS may cancel and tenninate the project and redistribute the funds. 8. No amendment to the approved budget may be made without the prior approval of DCJS. No more than two (2) budget amendments will be permitted during the grant period. No budget amendments will be allowed after April 30,2009. Budget amendments must be requested using the on-line Grants Management Information System (CMIS). 9. The subgrantee agrees to forward a copy to the DCJS of the scheduled audit of this grant award. Page 1 of2 Grant No: 09-854 I 8JJ07 City of Roanoke 10. All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Permission to make sole source procurements must be obtained from DCJS in advance. 11. Acceptance of this grant award by a local govemment applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances~those submitted with the grant application, and those issued with this award...".are complied with. 12. Any delegation of responsibility for carrying out grant-funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementing ottice or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. 13. PROJECT INCOME: Any funds generated as a direct result of DCJS grant Funded projects are deemed project income. Project income must be reported on fonns provided by DCJS. The following are examples of project income: Service fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash, personal or real property included). 14. Prior to DCJS disbursing funds, the Subgrantee must comply with the following special conditions: a) Submit a revised budget and budget narrative to equal award and match. All remaining match dollars must be placed under Category #7. ..' .' -.~~ H. -~'" r. , ',~' '..., . . . ~'''. ~..' ":-, .:.;' J6 -# .~, .y '. ,.. ~ :COM!YiON,\\TE:As\LT1:i of 'VIR{GINIA Lt:l:.f1drd (~ C>'')oh', Department o!,Ci'imil1al.fus'lice SeJTiccs NOTICE ::.:(i;:~ 1'-J Ninth S!rl'.'l.'l i~H::lln':(;nd "..,"ir~lHi!. ~ ~'? 3::' 15~: !8G~) ?e.b~l~O(hJ Fi\X {BG,.~ ~ ~}i' 1..~Y~)~31 TDD (80-1) 3H6~87:.32 D;r'.'c!::lr To: Grants Project Administrator From: Janice Waddy, DCJS Grants Administrator Re: Post A ward Instructions and Reporting Requirements PLEASE READ VERY CAREFULLY. o GRANT A WARD AND SPECIAL CONDITIONS: Please review your A ward and Special Conditions very carefully. Pay attention to the last Special Condition listed. This Special Condition may require additional documentation from you before grant funds can be released. Sign and date the grant award acceptance and submit any Special Condition documentation to: Grants Administration Department of Criminal.Justice Services 202 North 9th Street. 10th Floor Richmond, Virginia 23219 o REPORTING REQUIREMENTS By accepting the accompanying grant award, you are agreeing to submit on-line quarterly progress and financial reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this prOVISiOn. Financial reports and progress reports are due no later than the close of business on the 12th working day after the end of the quarter (*except ORTS reports which are due by the end of the following month). Reports are required even ifno expenditures have occurred during the quarter. Requests for Funds will not be honored from grant recipient.'i wlto do notfulfill this reporting obligation. A schedule of due dates is also attached for your reference. Cr,mint'jj .ju..,t!c:;~ ::~t.-rVII.:C f-3c..lrd" C(1..nr'i"~dli~(~ {)n TLH1,r;.q w Arjvi~~.;;(y CGlnmjftr.;;. ':1' j:,i'J'.:-n!iU J,.J~,li<.i~ /~.d'Jt~;cr/ C('.nmrHt~~: ~i) Court i\fJP"}H'ill:~;'; SPt.ll:j;11 A,i'.;(-:,C.ih. ."irlfj r~ili1dr;.n"~ .iihn,:~./~(;, Pr:',!y. ;m"=. Pfiv,"~H:' Sf'f~unfy ~:\'r~t;'.:,'''::~ ;~'..dvl!.;(';:ry 80ard .. CnrriH1;!.i .h~~!l"-f:' Inf()rn~;.t~on Sv>;t(~i)l:, (>jf1'lm!jl(:t~. o PROGRESS REPORTS Refer to our website: http://www.dcis.vireinia.2:ov/ f(x submitting progress reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on-line system to submit your progress reports. o FINANCIAL REPORTS Refer to our website: http://www.dcis.vireinia.eov/ for submitting tinancial reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on-line system in reporting your expenditures. . **NEW** REQUESTING GRANT FUNDS Refer to our website for requesting funds through the Grants Management Online Int()rmation System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. *Please note, you can access this system using the same password assigned for the on-line financial reporting system. You are required to use the on-line svstem for reQuestinll funds except for the JABG proeram. JABG prollrams must continue to submit paper requests for funds and Interallencv transfers (IATs). o BUDGET AllfENDMENTS Budgets can be amended in most DCJS grant programs with prior approval. Please review your special conditions carefully to determine the requirements and procedures for amending budgets. Refer to our website for the Grants Management Online Information System. *Please note again that you can access this system using the same password assigned for the on-line financial reporting system. Paper copies of the BudJ!et Amendments will no /onller be accepted. You are required to use the on-line system for submittinll budllet amendments. If you have any questions, please contact Virginia Sneed bye-mail at virginia.sneed@dcjs.virginia.gov. genpgms. PROJECTED DUE DATES FINANCIAL & PROGRESS REPORTS, Reports are due by the 12th )'l'orking day following [he close of the quarter covered in (he report. Financial reports are required even if no expenditures have occurred. QUARTER EiVDIlvG 9/3012008 12/31/2008 3/3 1/2009 6/30/2009 DUE DATE' 10/1 7/2008 1/22/2009 4/16/2009 7/17/"009 I I i --1 i L ... ! I 9130/2009 10/19/2009 ! I i f 12/31/2009 1/21/201 0 i i ~ -l ~ \. Grant Application Department of Criminal Justice Services, 202 North Ninth Street, Richmond, Virginia 23219 Grant Program: JJDP Delinquency Prevention Grant Pro ram City of Roanoke Congressional Oistrict(s) Faith Based Or: anization? Best Practice? 6 Congressional district Yes X No Applicant: Applicant Federal 10 Number: Jurisdiction(s) Served and Zip Codes: Program Title: Grant Period: 54-6001569 X Yes No City of Roanoke: 24011,24012,24013,24014,24015,24016,24017,24018,24019 Type of Application: JJDP . Across Ages in the City of Roanoke July 1, 2008 - June 30, 2009 New X Continuation of Grant Number 08-A5418JJ07 DRevision of Grant Number . . Rural X Urban o Suburban Project Director Project Administrator Finance Officer Cheryl W. Hartman, Ph. D. Dartene Burcham Jesse Hall Title: Director, Youth Development City Manager Director of Finance Family Service of Roanoke Valle Address: 360 Campbell Ave SW 215 Church Ave SW 215 Church Ave SW \., Roanoke, VA 24016 Roanoke, VA 24011 Roanoke, VA 24011 . . Across Ages in the City of Roanoke will continue in Year II to use mentoring, service learning, life skills, and fami! involvement to respond to Roanoke's Youth Comprehensive Plan: Call to Action to build such developmental assets as school bonding, access to positive adult role models, valuing restraint and getting positively engaged in one's community, and improving family relationships. The impact of building these protective factors will be studied in relation to preventing substance use and school dropouts. This evidence-based program will be implemented by Family Service of Roanoke Valley in collaboration with various after school programs, in order to reach at least 40 high risk youth {either truants or relatives of incarcerated relatives or youth otherwise at high risk of dropping out of school. Personnel Consultants $65,000 $ 50 650 $ 115,650 Travel E ui ment Su lies/Other Indirect Costs Total R uested $65,000 $ 50,650 $115,650 .. -1- \. Table of Contents for Documents Required for the Continuation Application from the City of Roanoke for Across Ages Face Sheet.......,.................................... .. .................................. Page 1 Table of Contents. .... .. . .. . .. . .. ...... .. .. ..... . .. .... .. . .. ......... .... .., .. .... " . .... Page 2 Itemized Project Budget for New Grant Period............................. ........ Page 3 Budget Narrative. . ....... . .., . ... .. ...... ....... ..... . .. . ...... ...... ......... ..... .... .. Page 6 Project Narrative.. ..... . .. . ...... ...... .. . .., .. . . . . .. . .. . .., .. . .. . ... .. . .. . . . . . . . .. . .. ... Page 9 Baseline data and evaluation data to date. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .... Page 12 Evaluation Plan. . . . ...... .... .. . ............ .. . .. . ... .. . .., .. . .. ...... . ... .. .. . ... .. .. .. . .Page 12 \. Program W orkplan ...................................................................... Page 14 Performance Measures for Mentoring - Program Area #21 ....................... Page 15 General Grant Conditions and Assurances.. ........................................ Page 16 Letters 0 f Support ............................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Page 21 Certifications Regarding Lobbying, Debarment etc. . ........................ .. ... . Page 31 -2- \.. Position a. NlIInes of Employees Titles Annual Hours Salary Rate Devoted FEDERAL STATE CASH IN-KIND TOTAL: b. Fri e Benefits FICA % = Retirement = Other (Itemize) = TOTAL: . TOTAL PEf~SONNEL (3 ... 0)' 2. Consultants (including Travel and Subsistence) a. Individual Consultants Type: Model Dr. Andrea Ta lor originator Hours Devoted: 36 hours 2,100 2,100 Dr. Lydia Marek Evaluation 1,200 800 2,000 consultation 3,300 800 4,100 b.O nlzations and Associations Type: After School Family Service of (AS.) programs Roanoke Valley (4) X 10 youth (FSRV) served at each Fee: $2,000/school Project Dir $28.50Ihr 8,000 AS. 16,000 AS. 16,800 24,000 AS. 46,774 FSRV 16,801 FSRV mentors 63,575 FSRV year X 4 after Prog Coor 16.50/hr 16,800 mentors school (AS.) Prev Spec. 13.00/hr sites Bkkpr 13.00lhr Mentors 17. 75/hr (value) Time 1900 hours Proj Dir 450 hrs Devoted: Prog Coor 1500 hrs Prev Spec 1500 hrs Bookkpr 500 hrs Reimburse See narrative FSRV will purchase $ 3,306 249 3,555 ment for for itemization supplies and get program reimbursed supplies $58,080 33,050 16,800 107,930 -3- Number of two Da s: Rate/Day: See narrative for air + per diem + ground + FSRV staff mileage and mentors' mileage AO/mile X 2240 staff AO/mile X 4800 mentors 804 Dr Taylor 1,920 mentors 896 FSRV 804 2,816 . TO f AL: . TO fAL CONSULTANTS (.1 + b + c) H t I k $ 3 620 $65 000 $33,850 16800 3,620 115,650 3. Travel and Subsistence for Project Personnel a. Local Mileage X per mile b. Non-local Miles _X_ per mile c. Subsistence days X per day d. Air or other fares 10TAL TRAVEL \. \.., .-4- \. 4. Equipment "'Type Quantity Purchase Unit Price or Rental FEDERAL STATE CASH IN-KIND TOTAL EQUIPMENT. 5. Su lies and Other Expenses Type Quantity Price ~ TO rAL SUPPLIES AND OTHER' 6. Indirect Cost 65.0001 33.8501 115.6501 16.8001 7. Cash Funds (Revenue match ort 17,850 16.000 Mentors' in-kind value of time 16,800 17,850 16,000 16,800 \.. TOT AL: 33,850 16,800 50,650 -5- \.., Across Ages in the City of Roanoke BUDGET NARRATIVE The following costs were determined to honor the goal of frugality and program quality. The City of Roanoke will continue to contract services with Family Service of Roanoke Valley as the professional provider of the prevention program entitled Across Ages in the City of Roanoke. Family Service is a private, not-for-profit agency who has provided human services in the City of Roanoke for 106 years. During the past ten years this agency has specialized in youth development and prevention programming applying the best practices of service learning, mentoring and prevention-focused life skills development among Roanoke City's youth. This expertise provides justification for purchasing the professional services of Family Service of Roanoke Valley. 1. Personnel/employees - City of Roanoke is the fiscal agent and project administrator for the project, which will be implemented by Family Service of Roanoke Valley on a purchased professional services basis. 2. Consultants: a. For individuals to be reimbursed for services on a fee basis, list each type of consultant or service, the proposed daily fee rate, and the amount of time to be devoted to such services: Dr. Andrea Taylor of Temple University will provide the training necessary to replicate Across Ages with fidelity to the model that she originated. She will be reimbursed as follows per agreement with Dr. Taylor: $450/day for providing two days of training X 2 = $900 Technical assistance costs $1080 (16 hours X $67.50/hr) 1,080 Phone conference calls (4) X $30/call 120 \.,. Total for Dr. Taylor's consultation Total to be funded by DCJS = $2100 $2,100 = Year" of Across Ages will benefit from further training by Dr. Taylor to train any newly hired staff at Family Service and to further the staff's training on the best practices of implementing all of the components of Across Ages: life skills, service learning, mentoring and family night events. Dr. Lydia Marek will provide the evaluation consultation required in the evaluation plan. The youths' pretests and posttests will be analyzed to identify improvement in relation to the outcome objectives of the project. Costs are calculated as a deliverable per the evaluation contract Analyses will be completed for a total cost of $2,000 L.. Total to be funded by DCJS Amount of cost to be covered by Family Service (cash match) $1,200 BOO -io- \. b. For organizations, including professional associations and educational institutions, performing professional services, indicate type of services being performed and the estimated contract price. Family Service is the organizational consultant through whom the following services would be purchased, including the subcontracted services from the after school program partners. To implement Across Ages the model calls for adequate staffing to provide social competency sessions weekly, service learning weekly, one-on-one mentoring on a weekly basis and monthly family activities. To adequately staff Across Ages 1.S0 FTE is recommended at the least per 30 youth. In Roanoke the target is to reach 40 youth and the following staffing structure would be made possible by the proposed budget. Family Service of Roanoke Valley would staff Across Ages as follows: \.." Project Director (salary and benefits) $28.S0Ihour X4S0 hrs = $12,82S Amt funded by DCJS Prevention Grant = $ 8,000 Amt funded by United Way monies 4,825 (cash match) Program Coordinator (salary + benefits)16.50lhr X 1500 hrs = $24,750 Amt funded by DCJS Prevention Grant = $17,500 Amt funded by United Way monies 7,250 (cash match) Prevention Specialist (salary+benefits) $13.00lhr X 1500 hrs = $19,SOO Amt funded by DCJS Prevention Grant =$15,904 Amt funded by United Way monies 3,596 (cash match) Bookkeeper (salary+benefits) $13.00Ihr X SOD hrs = 6,500 Amt funded by DCJS Prevention Grant $ 5,370 Amt funded by United Way monies 1,130 (cash match) Total to be funded by DCJS for Family Service staffing = $46,n4 Family Service's cash match total for staffing Costs = 16,801 After school (AS) proaram partners (4 program sites) would proYide the after school setting where Across Ages will occur, providing on site supervision as follows (West End Center provides two sites - one for 4th - Sth graders and one for middle school students; the Presbyterian Community Center will provide one site and Apple Ridge Farm will provide one site for Sth graders). Each of four partner sites spends approximately $600 per child per 60 days of services (weekly social competency + weekly service learning X 30 weeks of the school year which is 36 weeks long - allowing for first S weeks of start up time and ending one week before school ends): $6oo/child X 40 youth to estimate total cost of after school care = $24,000 I Amt funded by DCJS.Prevention Grant = $ 8,000 Amt funded by after schools' resources (cash match) $ 16,000 ..... 'I_ .- , Mentors - volunteers (in-kind match) Across Ages involves linking mentors with youth one-on-one 40 'mentors X 4hr/month X 6 months = 960 X $17.50 = Amt funded by DCJS Prevention Grant = Amt contributed in-kind = \" SUPPLIES Supplies to be purchased by Family Service of Roanoke Valley: Service learning supplies (40 service projects X $25 each) = Postage ($20/month X 12 months) Telephone ($80/month X 12 months) Social competency booklets for 40 children ($22.50 X 40) Copying/correspondence supplies Total for materials Amt funded by DCJS prevention grant = Amt funded by Family Service (cash match) = .... c. Travel and subsistence. Dr. Andrea Taylor travel reimbursement Airfare from Phila. to Roanoke roundtrip = Ground transportation = Per diem (40 X 4 days traveling) = Hotel room X 3 nights ($90/night) = Total travel and subsistence for Dr.Taylor = Amount funded by DCJS Prevention Grant = FSRV staff mileage for service learning outings 40 X 2 mi/week X 25 weeks = 2240 X .40 Mentors'mileage 40 X 5 mi/wk X 24 weeks = 4800 X .40 Total Family Service's subsistence and travel Overall total for travel & subsistence Amount funded by DCJS for travel & subsistence TOTAL REQUESTED OF DCJS: .... ._~- 334 40 160 270 896 1,920 $16,800 o $16,800 1,000 240 960 900 455 3,555 $3,306 249 $ 804 $ 804 2,816 $ 804 $ 3,620 $65,000 PROJECT NARRATIVE FOR CONTINUATION APPLICATION Department of Criminal Justice Services 202 North 9th Street Richmond, Virginia 23219 \., Sub,grantee: City of Roanoke Grant Number: 08-A5418JJ07 Proj crt Title: HPD - Across Ages in City of Roanoke Date of Report: 2/20/08 Gr(U11 Period: July I, 2007 I To: June 30, 2008 Final Report? Yes Q No X Date Project Completed: June 30, 2008 I Project Narrative for Continuation Application Prognun Administrator: Darlene Burcham Project Director: Cheryl Hartman, PhD I. Proe:ram Activities As Imolemented to Date for Across Alles in the City of Roanoke \- Family Service of Roanoke Valley is implementing the Across Ages SAMHSA model prevention program at four after-school program sites (the Presbyterian Community Center, the West End Center's middle school program site, the West End Center's fourth-fifth graders program site, and at Hurt Park Elementary School in conjunction with Apple Ridge Farm, who have targeted high risk fourth graders). Referrals have been made by Roanoke City Public Schools of truant students, who have been enrolled in Across Ages. All four required elements of the program model are being replicated: social competency (or life skill training), service learning (linking students with service projects that benefit the community), family night out events (usually held on a monthly basis) and mentoring. Program implementation has been on schedule. Family Service's staff and community partners completed the appropriate training to learn how to replicate Across Ages from the person who developed the program, Dr. Andrea Taylor of Temple University. It is Family Service's goal to reach 40 children from the 4th through the 8th grades, engaging them in the Across Ages program. To date 36 youth have been involved, so 90% of the goal has been achieved. The biggest challenge of the Across Ages approach is recruiting sufficient mentors. The youth are connected with senior citizens regularly at their service learning sites (at least monthly), but to date our six staff supplement the 24 mentors who have been recruited. One-on-one mentoring has only been achieved for 75% of our students. Group mentoring opportunities have included sessions with high school students, who have been trained to encourage academic achievement, and a special "ALL Can Achieve the Dream" program, involving the whole family and featuring inspirational speakers, who offered excellent modeling of young persons who overcame challenges to become successful. The mentors are meeting at least twice a month with their mentees for mentoring activities. Mentors are recording times they have spent together and report that information to the mentoring coordinators. Social competency lessons are being taught weekly at the after-school programs. There are 36 students who participate regularly in the Across Ages programs. Each of these students has obtained the appropriate permission with signed paperwork from their parents/guardians allowing for participation in the program and its activities. Parent meetings are scheduled once a month at each of the Across Ages sites. A special family event was held on January 21,2008, in honor of Martin Luther King Jr Day, to which all 36 participants and their families were invited. There were approximately 100 persons in attendance. Families will also be invited to participate together in service learning on April 26th, Global Youth Service Day, when 20 different service projects will be offered. Service learning activities take place at least twice a month and have included visits to the Raleigh Court Health Care Center and Morningside Manor (both places house senior citizens in need of companionship). Students received special sensitivity training on how to relate to the elderly. Other projects have included outreach to animals, preparing Family Night Out activities, and planning activities for younger children at the centers. \..,. - q.- Rev 07/07 ll. Goals. obiectives. activities and evaluation for 2008 - 2009 The City of Roanoke Across Ages project will continue in 2008 - 2009 to measure the required outputs and outcomes for Program Area #21 on Mentoring. Regarding NUMBER OF YOUTH SER YED, the objective will continue to be that Family Service will serve 40 youth in the Across Ages project. \. The goals of the City of Roanoke Across Ages project remain the enhancement of the protective factors and reduction of the risk factors related to the problem behaviors that threaten the welfare of Roanoke's youth: alcohol, cigarette and marijuana use, sexual activity, and truancy. Across Ages is an evidence- based program model that has been found to effectively improve youths' developmental outcomes. Family Service staff will continue to work with the various community partners to sponsor each of the required activities that comprise the Across Ages model: social competency skill building, family strengthening monthly activities, service learning for the youth, and mentoring. The objectives of the City of Roanoke Across Ages project will continue to be to strengthen school, community, family and individual protective factors and to reduce the individual risk factor of low perception of harm of substance use and the school risk factor of low school bonding. As a result of these impacts on multiple protective and risk factors, the hypothesis of impact is that problem behaviors among youth will consequently be less likely. To evaluate the following objectives a pretest survey and posttest survey have been designed with input from Dr. Taylor, the program model trainer, and from an evaluation consultant from Virginia Tech, Dr. Lydia Marek. These surveys will evaluate the following objectives using the indicators required of Mentoring Programs that fall in Program Area #21. \.., Number and Percent of Program Youth Exhibiting Desired Change in Targeted Behaviors (percent will be computed per request: # of youth served with noted behavioral change divided by the number of youth served during the reporting period): A - Substance Use: improving pro-social behavior through self-report measure on tobacco, marijuana, alcohol, cocaine and other drug use (short term) from pretest to posttest; percentages to be calculated using required reporting format described above. C - Family relationships: improving pro-social behavior (# and % of program youth reporting improvement in parent-child relationships) from pretest to posttest; percentages to be calculated using required reporting format described above. E - School attendance: improving pro-social behavior (# and % of program youth keeping absenteeism below 4 misses per nine weeks on average per report card records); # and % of youth avoiding truancy (per self-report on survey) to the degree of being below the citywide median for self-reported truancy level (short term: while in program); percentages to be calculated using required reporting format described above. \. F - Social competencies: improving pro-social behavior (# and % of program youth exhibiting change in self-report on valuing restraint from using substances, relating positively to mentor (adult role model), commitment to learning (attitudinal measure), civic engagement (feeling valued by the community as'a resource through after school service projects), and on having the confidence to plan for and make healthy choices (per survey responses using pre and post tests); percentages to be calculated using required reporting format described above. - 10- Rev 07/07 \., '-' '-' These data will be collected for the final evaluation report. Pretests were completed by the end of October 2007. Posttests will be administered when at least six months of the program have been completed by the students. Analyses will be conducted and reported by the evaluation consultant, Dr. Lydia Marek. There will be no substantial changes in 2008 - 2009 in the City of Roanoke's Across Ages project. - 1\- Rev 07/07 \.., EV ALUA TION PLAN FOR CITY OF ROANOKE'S ACROSS AGES PROJECT Department of Criminal Justice Services 202 North 9th Street Richmond, Virginia 23219 Sub,Brantee: City of Roanoke Grant Number: 08-A5418JJ07 Proj ect Title: JJPD - Across Ages in City of Roanoke Date of Evaluation Plan: 2/21/08 GraJltPeriod: July 1, 2008 To: June 30, 2009 No baseline data yet - pretests are analyzed when posttest data is also available and pretests are matched up with posttests . Date Project to be Completed: June 30, 2009 Evaluation consultant: Dr. Lydia Marek Program Administrator: Darlene Burcham Project Director: Cheryl Hartman, PhD No baseline data is vet available for 2007 - 2008 Pretests will be analyzed when posttest data is also available and pretests are matched up with posttests. Evaluation Plan for 2008 - 2009 Family Service of Roanoke Valley staff have met with the evaluation consultant, Dr. Lydia Marek, to design a pre- and post assessment tool. All of the sites have completed the pre-test. The dates have been set to administer the post-tests in May and June 2008. A similar timeline will be used in 2008 - 2009. (See details presented below.) ~ The City of Roanoke Across Ages project will measure the required outputs and outcomes for Program Area #21 on Mentoring. Regarding NUMBER OF YOUTH SERVED, the objective is to serve 40 youth in the Across Ages 2008-2009 project. To evaluate the following objectives a pretest survey and posttest survey have been designed with input from Dr. Taylor, the program model trainer, and from an evaluation consultant from Virginia Tech, Dr. Lydia Marek. These surveys will evaluate the following objectives using the indicators (the performance measures required of Program Area #21 - Mentoring. Number and Percent of Program Youth Exhibiting Desired Change in Targeted Behaviors (percent will be computed per request: # of youth served with noted behavioral change divided by the number of youth served during the reporting period): \." A - Substance Use: improving pro-social behavior through self-report measure on tobacco, marijuana, alcohol, cocaine and other drug use (short term) from pretest to posttest; percentages to be calculated using required reporting format described above. C - Family relationships: improving pro-social behavior (# and % of program youth reporting improvement in parent-child relationships) from pretest to posttest; percentages to be calculated using required reporting format described above. . E - School attendance: improving pro-social behavior (# and % of program youth keeping absenteeism below 4 misses per nine weeks on average per report card records); # and % of youth avoiding truancy (per self-report on survey) to the degree of being below the citywide median for self-reported truancy level (short term: while in program); percentages to be calculated using required reporting format described above. F - Social competencies: improving pro-social behavior (# and % of program youth exhibiting change in self-report on valuing restraint from using substances, relating positively to mentor (adult Rev 07/07 ;... \'J- \. role model), commitment to learning (attitudinal measure), civic engagement (feeling valued by the community as a resource through after school service projects), and on having the confidence to plan for and make healthy choices (per survey responses using pre and post tests); percentages to be calculated using required reporting format described above. Till1eline for Evaluation These data will be collected for the final evaluation report. Pretests for 2008 - 2009 will be completed by the end of October 2008. Posttests will be administered no later than June 8, 2009. The following summary format will be used to report on the evaluation results: ~ Obj ectives Areas of impact Pretest Posttest Status of outcome objective: not at all met, partially met, fully met 5% Tobacco % who used in past % who used in past Difference improvement Marijuana 30 days 30 days reported Alcohol Cocaine Other 5% Parent-child Pretest score on Posttest score on % who improved improvement communications survey survey 5% School bonding: % reporting absent % reporting absent % who improved improvement ab senteeism and truancy more than 4 days more than 4 days per term per term % reporting' % reporting truancy in past 30 truancy in past 30 days days 5% Social competencies: % reporting % reporting % who improved improvement valuing restraint restraint; having restraint; having on each of the from substances, access to adult role access to adult role social relating positively models; a models; a competencies to adult role model commitment to commitment to commitment to learn graduate and graduate and civic engagement pursue higher ed; pursue higher ed; having the confidence to feeling valued by feeling valued by plan for and make community and community and healthy choices interested in interested in further civic further civic engagement; engagement; able to plan for and able to plan for and make healthy make healthy decisions decisions Number and Percent of Program Youth Completing Program Requirements The objective is that at least 75% of the 40 youth targeted (e.g., 30/40) exiting the program will have completed all program requirements (procedure: divide by the number of program youth who exited the program before fulfilling all requirements plus the number of program youth fulfilling all requirements). ~ -\3- Rev 07/07 PROGRAM WORKPLAN \. PR()GRAM CATEGORY Prevention Proaram DATE February 22, 2008 LOCALITY_City of Roanoke ~ PLANNED ACTUAL OBJECTIVE-ACTIVITY BEGIN END BEGIN END DOCUMENTATION Hire staff to fill any vacancies in 7/01/08 7/31/08 Memos of hire/rehire col1lpliance with job descriptions Obtain signed MOUs from program 7/01/08 8/31/08 MOUs with updated pa mers for 2008 - 2009 signatures Reauit youth to enroll in program 7/01108 8/31/08 Enrollment list Provide an orientationltraining for 7/01108 7/31/08 Review written an)'new staff on program policies program and procedures policy/procedure documents; new staff sign off on orientation checklist Training by Dr. Andrea Taylor on the 7/31/08 8/31/08 Completion of Across Ages model - learning training post-tests; lessons from Year I using evaluation sign in sheets results Mentor recruitment 7/01/08 ongoing Commitment paperwork from mentors - recruitment is an ongoing process Mentor screening and orientation Ongoing ongoing Paperwork completed Social competency life skill sessions 7/01/08 05/31/09 Attendance logs, pre with youth during after school hours and post tests on social competency Family communications from 7/01/08 06/30/09 Contact logs, signed enrollment to mentortng agreements consent to to family nights enrollment with mentortng agreements; sign in sheets Service learning at least monthly 7/1/08 05/31/09 Logs recording youth participation in service projects One-on-one mentortng contacts X 7/01/08 6/30/09 Mentoring logs 4hr/mo Evaluation analyses and reporting 7/1108 6/15/09 Collect pre and post data and analyze change in targeted protective and risk factors and problem behaviors ~ .- \L\- \.... \., ~ PERFORMANCE MEASURES FOR PROGRAM AREA #21 (MENTORING) FOR ACROSS AGES IN THE CITY OF ROANOKE The City of Roanoke's Across Ages project will measure the required outputs and outcomes for Program Area #21 on Mentoring. Output Performance Measure - Required for Program Area #21 NUMBER OF YOUTH SERVED: The objective is to serve 40 youth in the Across Ages 2008-2009 project.. Outcome Performance Measure - Required for Program Area #21 Number and Percent of Program. Youth Exhibiting Desired Change in Targeted Behaviors (percent will be computed per request: # of youth served with noted behavioral change divided by the number of youth served during the reporting period) To evaluate the following objectives a pretest survey and posttest survey have been designed with input from Dr. Taylor, the program model trainer, and from an evaluation consultant from Virginia Tech, Dr. Lydia Marek. These surveys will evaluate the following objectives: A - Substance Use: improving pro-social behavior through self-report measure on tobacco, marijuana, alcohol, cocaine and other drug use (short term) from pretest to posttest; C - Family relationships: improving pro-social behavior (# and % of program youth reporting improvement in parent-child relationships) from pretest to posttest; E - School attendance: improving pro-social behavior (# and % of program youth keeping absenteeism below 4 misses per nine weeks on average per report card records); # and % of youth avoiding truancy (per self-report on survey) to the degree of being below the citywide median for self-reported truancy level (short term: while in program); F - Social competencies: improving pro-social behavior (# and % of program youth exhibiting change in self-report on valuing restraint from using substances, relating positively to mentor (adult role model), commitment to learning (attitudinal measure), civic engagement (feeling valued by the community as a resource through after school service projects), and on having the confidence to plan for and make healthy choices (per survey responses using pre and post tests). _ \5- \., \. ~ GENERAL GRANT CONDITIONS AND ASSURANCES The applicant, for federal funds administered by DCJS, gives assurances and certifies with respect to the grant that it will comply with the following requirements: 1. The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as the Department of Criminal Justice Services shall prescribe shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under this grant. 2. REPORTS: Each_applicant shall submit such reports as the DCJS shall reasonably request. Financial and progress reports shall be submitted to the DCJS on the 11th worki"!! day following the close of each quarter unless otherwise informed. 3. GRANT CLOSEOUT: The last q,uarterly report of a project using federal funds must indicate any unpaid obligations, which eXIst at the expiration of the grant. The applicant has 90 days to liqwdate any unpaid obligations and submit a fmal financial report. 4. UNUSED FUNDS: Any funds that have been requested, but unexpended at the end of the grant period will be refunded by check made payable to Treasurer, Commonwealth of Virginia and will accompany the final financial report when it is submitted to DCJS. (Most state agencies must use DPB form 27 and an IA T to return unused grant fmds.) Mail the check to Finance Department, DCJS, 805 East Broad Street, 10th Floor, Richmond, VA 23219. 5. INSPECTION AND AUDIT: The applicant agrees to comply with the organizational audit requirements ofOMB Circular A-133, "Audits of State, Local Govemments and Non-Profit Institutions." In conjunction with the beginning date of the award, the audit report period of the local government entity to be audited under the single audit requirement is the start-date of the proj ect through the end-date of the proj ect as noted on the Statement of Grant A ward! Acceptance. The audit report shall be submitted no later than one (1) year from the end-date of the grant award as stated on the Statement of Grant A ward! Acceptance, and for each audit cycle thereafter covering the entire award period as originally approved or amended. The management letter must be submitted with the audit report. A copy of all audits must be forwarded to the DCJS. 6. The applicant will comply, where applicable, with the following: . National Environment Policy Act of 1969 (42 U.S.C. ~ 4321). . Flood Plain Management and Wetland Protection Procedures (28 CFR 63) . National Historic Preservation Act (16 USC 470) · Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970. (42 U.S.C. ~ 4601 et seq.) . Clean Air Act, P. L. 88-206, 42 USC 1857, et. sel!. · Safe Drinking Water Act, P. L. 93-523,42 USC 3001, et. sel!. · Endangered Species Act of 1973, P. L. 93-205, 16 use 1531, et. sel!. ~ 1(0 .- Updated 9/04 \. '-' \... · Wild and Scenic Rivers Act, P. L. 90-542, 16 USC 1271, et. se~. · Fish and Wildlife Coordination Act, P. L. 85-624, 16 USC 661, et. seg. · Historical and Archaeological Data Preservation Act, P. L. 93-291, 16 USC 2469, et. se~. · Coastal Zone Management Act of 1979, P. L. 92-583, 16 USC 1451, et. seq. and the Coastal Barrier Resources Act of 1982 (p.L. 97-348) · Animal Welfare Act of 1970, P. L. 91-579, 7 USC2131, et. se~. · Impoundment Control Act of 1974, P. L. 93-344,31 USC 1401, et. se~. . The Fair Labor Standards Act, if applicable. 7. POLITICAL ACTMTY: The restrictions of the Hatch Act, Pub. L. 93-433, 5 USC Chapter ill, (as amended), concerning the political activity of government employees are applicable to applicant staff members and other state and local government employees whose principal employment is in connection with activities financed, in whole or in part, by grants. Under a 1975 amendment to the Hatch Act, such state and local government employees may take an active part in political management and campaigns except they may not be candidates for office. 8. DISCRIMINATION PROIDBITED: No person shall, on the grounds of race, religion, color, national origin, sex, or handicap be excluded from participation in, be denied the benefits or be otherwise subjected to discnmination under or denied employment in connection with, grants awarded pursuant to the Justice Assistance Act of 1984, and the implementing regulations 28 CFR Part 42, Subparts C, D, E, and G, or any project, program, activity, or subgrant supported or benefiting from the grant. The applicant must comply with the provisions and requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations 28 CFR 41.101 et. selL The applicant must further comply with Section 504 of the Rehabilitation Act of 1973, as amended, and its implementing regulations; the Age Discrimination Act of 1973, as amended, and its implementing regulations and Title IX of the Education Amendments of 1972; Title 11 of the Americans With Disabilities Act (ADA)(1990); (42 USe. 12131-12134 & 28 CPR 35) 9. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM: Each applicant certifies, that it has executed and has on file, an Equal Employment Opportunity Program which conforms with the provisions of 28 CPR Section 42.302 or that in conformity with the foregoing r~gulation, no Equal Employment Opportunity Program is required. The applicant organization having 50 or more employees who would receive amounts of $500,000 or more, or grants which in the aggregate exceed $500,000 or more, in any fiscal year must submit a copy of their Equal Employment Opportunity Plan (BEOP) to the DCJS for review. For continuation grant funding that exceed these amoWlts in any fiscal year the applicant must submit a statistical update from the previous year's plan. lO. The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against a recipient of fWlds, the recipient will forward a copy of the finding to the DCJS. - ,..,.. updated 9/04 \.., -... \." 11. RELEASE OF INFORMATION: All records, papers and other documents kept by recipients ofDCJS funds, and their contractors, relating to the receipt and disposition of such funds, are required to be made available to the DCJS. These records and other documents submitted to DCJS and its applicants pursuant to other provisions of the Act, including plans and application for funds, are required to be made available to DCJS under the terms and conditions of the Federal Freedom of Information Act, 5 USC 552. 12. INFORMATION SYSTEMS: With respect to programs related to criminaljustice information systems, the applicant agrees to comply with the provisions of 28 CPR, Part 20 governing the protection of the individual pri vacy and the insurance of the integrity and accuracy of data collection. The applicant further agrees: . That all computer programs (software) developed with funds provided by this grant will be made available to the DCJS for transfer to authorized users in the criminal justIce community without cost other than that directly associated with the transfer. The software will be documented in sufficient detail to enable potential users to adapt the system, or portions' thereof, to usage on a computer of similar size and configuration. . To provide a complete copy of the computer programs and documentation, upon request, to the DCJS. The documentation will include but not be limited to system description, operating instruction, program maintenance instructions, input forms, file descriptions, report formats, program listings, and flow charts for the system and programs. . That whenever possible all application programs will be written in standardized programming languages (i.e., ANSI, Cobol, FORTRAN, Basic, etc.) for use on general operating systems (e.g., DOS, CP/M, UNIX, etc.) that can be utilized on at least three different manufacturers computers of similar size and configuration. . To avail itself, to the maximum extent possible, of computer software already produced and available without charge. The Department of Criminal Justice Services should be contacted to determine availability of software prior to any development effort. 13. CONFIDENTIALITY OF RESEARCH INFORMATION.- Research information identifiable to an individual, which was obtained though a project funded wholly or in part with DCJS grant funds, shall remain confidential and copies of such information shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding (28 CFR Part 22). 14. CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES: The applicant agrees to be m complIance With all polICies as expressed under the Code of Federal Regulations, 28 CPR 23, concerning the operation of cnminal intelligence systems funded with DCJS funds. 15. COPYRIGHT: Except as otherwise provided in the conditions of the award, the author is free to arrange for copyright without approval when publication or similar materials are developed from work under a DCJS supported project. Any such copyright materials shall be subject to the DCJS's right to reproduce them, translate them, publish them, use and dispose of them, and to authorize others to do so for government purposes. In addition, communications in primary scientific or professional journals publishing initial reports or research or other activities and supported in whole or in part by the DCJS project funds may be copyrighted by the joumal with the Wlderstanding that individuals are authorized to make or have made by any means available to them, without regard to the copyright of the journal, and without royalty, a single copy of any such article for their own use. State employees who - r a ..... Updated 9/04 \. -.. \.., develop copyrights during work hours, or within the scope of their employment, or when using state-owned or state-controlled facilities, the copyrights vest in the Commonwealth. 16. PATENTS: If any discovery or invention arises or is developed in course of or as a result of work performed under this grant, the applicant shall refer the discovery or invention to DCJS. The applicant hereby agrees that determination of rights to inventions made under this grant shall be made by the DCJS or its duly authorized official representative, who shall have the sole and exclusive powers to determine whether or not and where patent application should be filed and to determine the disposition of all rights in such inventions, including title which may issue thereon. The determination of the DCJS, or its duly authorized representative shall be accepted as final. In addition, the applicant hereby agrees and otherwise recognizes that the DCJS shall acquire at least an irrevocable non-exclusive royalty-free license to practice and have practiced throughout the world for governmental purposes any invention made in the course of or under this grant. The ~ant shall include provisions appropriate of effectuating the purpose of this conditIon in all contract of employment, consultant's agreements, or contracts. 17. The applicant assures that funds made available under this grant will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would be, in the absence of these funds, made available for drug law enforcement activities. 18. Confidential expenditures for services, evidence and/or information must comply with the requirements stated in the Administrative Guide and Application Procedures Manual. 19. BID MEDICAL EXPERIMENT AnON: The applicant assures that no grant funds will be used for any blO-memcal or behavior control experimentation on individuals or any research involving such experimentation. 20. The applicant agrees to complete a Certification Regarding Debannent. Suspension. Ineligibility and V oluntarv Exclusion. prior to finalizing any financial agreements pursuant to 28 CFR 67.510 (Code of Federal Regulations). This includes consultants under any award. 21. The applicant must state the percentage of the total cost of this program supported by federal funds and the dollar amount of federal fimds for this program. This statement shall be on all press releases, requests for proposals, bid solicitation and other documents describing the program whether funded in-whole or in-part with federal funds. 22. The grantee agrees that any publication (written, visual, or sound, but excluding press releases newsletters, and issue analyses) issued by the grantee or by any Applicant describing programs or projects funded in-whole or in-part with Federal Funds, shall contain the following statement: This project was supported by Department of Criminal Justice Services (DCJS) Grant # b ~ 4.~lj I ~.llO 7 . with funds made available to Virginia from the Office of , u.s. Department of Justice. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies ofDCJS or the U.S. Department of Justice. The applicant also agrees that one copy of any such publication will be submitted to the DCJS to be placed on file and distributed as appropnate to other potential applicants or - l q- Updated 9/04 \.r '-' \.r interested parties. DCJS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the applicant. 23. Applicants with federal grants that procure goods or services that have an aggregate value of $500,000 or more must: specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition-, and expresses the amount announced pursuant to paragraph (a) as a percentage of the total cost of the planned acquisition. This complies with Public Law 102-141, section 623 (formally the Stevens Amendment). CERTIFICATION I certify that all the information presented is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with the provisions of all other federal and state laws and rules and regulations that apply to this award. ;l~~tf-Dt Date Updated 9/04 - ;;l.O - \., FAMily. SERVICE Strong Families Build Strong Communities RE: JJDP Delinquency Prevention Grant City of Roanoke's Submission for Continuation Funding for Across Ages in the City of Roanoke Department of Criminal Justice Services, Grants Administration Family Service of Roanoke Valley February 26,2008 TO: FROM: DATE: \.,. The purpose of this memo is to express Family Service of Roanoke Valley's support for and commitment to provide the purchased services required to implement the Across Ages in the City of Roanoke continuation proposal submitted by the City of Roanoke. This evidence-based SAMHSA approved model program has been found to be effective in communities comparable to the City of Roanoke in demographics. The goal of the Across Ages proposal is to prevent such problems as substance use and dropping out of school that pose serious threats to the well being of our community. The emphasis of Across Ages is on the strength-based, building up of youths' assets by engaging the students in the community through service projects jointly planned and implemented with their senior mentors. The intergenerational approach of this model program seems particularly promising. The goal is to engage 40 City of Roanoke youth (fourth through eighth graders) in the Across Ages program, during the grant award period of July 1,2008 through June 30, 2009. Across Ages programming will include mentoring, service learning, life skills and family involvement to respond to Roanoke's Youth Comprehensive Plan: A Call to Action to build developmental assets and thereby reduce the likelihood of problem behaviors among our city's youth. Family Service agrees to the following responsibilities: I. Family Service will provide the trained staff necessary to implement the Across Ages best practice methods for mentoring, service learning, leadership skill development and family outreach throughout the 2008-2009 school year unless the funding situation changes and finances no longer allow for such staffing. 2. Family Service will provide the appropriate administration for quality control of Across Ages through oversight by a qualified Program Manager. \.., -~I- II 360 Campbell Ave. SW, Roanoke, VA 24016 · (540) 563-5316 · Fax (540) 563-5254 ,il.. 235 Claiborne Ave., Suite 300, Rocky Mount, VA 24151 · (540) 483-4223 · Fax (540) 483-0233 ALLIANCE 11)1.: CnlU~I.O'" l" F\ 'IILI!.. wvvw.fsrv.orfl. .. United Way or Roanoke Valley -,Ag..cy Family Service of Roanoke Valley Page 2 \.., 3. Family Service will complete the program reports upon the forms required by the Department of Criminal Justice Services, such report form attached to this contract as exhibit "A", meeting expected deadlines in a timely manner paying due attention to accuracy and comprehensiveness requirements. Program reporting requirements will be met adhering to the required deadline schedule. 4. Family Service will complete criminal background, DMV and child abuse registry checks on its staff and will not hire anyone convicted of a felony and/or who is listed on the child abuse registry and no one with a reckless driving conviction or DUI will transport students. All staff will be required to have a current valid drivers' license and a vehicle with up-to-date inspections and registrations. 5. Family Service of Roanoke Valley agrees to comply with the policies and procedures required by the funding source, the Department of Criminal Justice Services, as presented in the general grant conditions and assurances regarding lobbying, debarment, suspension and other responsibility matters and drug-free workplace requirements. \-.. Assuming the above responsibilities for the Across Ages in the City of Roanoke proposal has been authorized by Family Service's Board of Directors. Sincerely yours, A ID . ~-. ~/. ,jukv~ JoM F. Pendarvis, President and CEO Date: ;J):l7 /0 g t , \w -- do J. - -. \.. ~OKE PARKS AND RECREATION 210 Reserve Avenue, SW Roanoke, Virginia 24016 540.853.2236 fax: 540.853.1287 www.roanokegov.com/play February 27, 2008 Grants Administration The Department of Criminal Justice Services 202 North Ninth Street Richmond, Virginia 23219 Dear Grants Administrator, ~ The purpose of this letter is to express support for the Across Ages in the City of Roanoke continuation proposal submitted by Family Service of Roanoke Valley. This evidence-based SAMHSA approved model program has been found to be effective in communities comparable to the City of Roanoke in demographics. The emphasis of Across Ages is on the strength-based, building up of youths' assets by engaging students in the community through service projects jointly planned and implemented with their senior mentors. The intergenerational approach of this model program seems particularly promising. The positive youth development goal of the program is consistent with the focus of the City of Roanoke's "Achieve-in-Three-Youth Comprehensive Plan". The City of Roanoke's Youth Services Division led a community-wide appreciative inquiry planning process that engaged 200+ citizens and yielded a three year "call to action": The Youth Comprehensive Plan ("The Achieve in Three Report"). The City of Roanoke's Across Ages proposal responds to the plan's goal of boosting five developmental assets by 2009. These factors have been found to be protective among middle school youth, reducing the likelihood that they will engage in problem behaviors such as truancy, dropping out, substance use and sexual activity. \.. One strategy prioritized by the City of Roanoke's Comprehensive Youth Plan is to offer improved and expanded after school programs. The Across Ages proposal is consistent with this strategic direction. Family Services of Roanoke Valley consistently participates as part of this youth planning process. During the First year of the grant, Family Services has implemented the work plan and has laid the foundation for completing an evaluation. Incorporated into the Family Service proposal is an evaluation plan targeting the increase of developmental assets as an - 'J3- \., \. \. 2 outcome objective. Once the evaluation has been completed, Family Services has agreed to report on its program evaluation to the city's Parks and Recreation Department Youth Services Division so the information will be included in the annual update report. As the Superintendent of Youth Services for the City of Roanoke, I support Family Service's Across Ages youth development program. With its focus on reaching youth who are at high risk, the program can tap into the youth's high potential for positive developmental outcomes. The method of involving youth in service projects along with senior mentors is a proven method for achieving successful outcomes. I appreciate your giving due consideration to this continuation proposal from Family Services of the Roanoke Valley. Sincerely, ~ Marion Vaughn-Howard Youth Services Division Superintendent Parks and Recreation Department cc: Steve Buschor, CPRP Director, Parks and Recreation Department - ;).1-\ ~ \.. \. \., COMMONWEALTH of VIRGINIA Department of Juvenile Justice Twenty Three-A Judicial Court Service Unit Rodney C. Hubbard COURT SERVICES DIRECTOR 23-A COURT SERVICE UNIT 309 Third St.,S.W. P.O. Box 112 Roanoke, Virginia 24002 February 20, 2008 (540) 853-2615 FAX (540) 853-1589 MEMORANDUM TO: FROM: Department of Criminal ~u ice Services, Grants Administration Rodney C. Hubbard .. c,. -Irr~ Director of Court Services ~ '- SUBJECT: Family Service of Roanoke Valley JJDP Delinquency Prevention Grant Program Submission for Across Ages in the City of Roanoke The purpose of this memo is to express support for the Across the Ages in the City of Roanoke proposal submitted by Family Service of Roanoke Valley. This evidence-based SAMHSA approved model program has been found to be effective in communities comparable to the City of Roanoke in demographics. The goal of the Across the Ages proposal is to prevent such problems as substance use and dropping out of school that pose serious threats to the well being of our community. The emphasis of Across Ages is on the strength-based, building up of youths' assets by engaging the students in the community through service projects jointly planned and implemented with their senior mentors. The intergenerational approach of this model program seems particularly promising. The 23A Court Service Unit which serves Roanoke City acknowledges the need for programs that have a proven track record of succeeding with our higher risk students, such as Across Ages. It is commendable that the program implementation will reach nine through thirteen-year-olds. Prevention needs to start at this younger age. The Court Service Unit will refer students to this program, who are truant or are otherwise at high risk for dropping out of school or engaging in other problem behaviors. ... ;).5 - \." \.. \.. Memo to Dept of Criminal Justice February 20, 2008 Page Two I strongly support Family Service's Across Ages proposal due its meeting a vital need in our community for mentoring and service learning youth development opportunities. Family Service of Roanoke Valley is a reputable agency in the Roanoke Valley with a longstanding history of human service delivery. Thank you for your consideration of the Across Ages proposal. - ~(p .- \.., RE: Family Service of Roanoke Valley's JJDP Delinquency Prevention Grant Program Submission for Across Ages in the City of Roanoke Department of Criminal Justice Services, Grants Administration February 25,2008 TO: DATE: The purpose of this memo is to express support for the Across Ages in the City of Roanoke proposal submitted by Family Service of Roanoke Valley. This evidence-based SAMHSA approved model program has been found to be effective in communities like the City of Roanoke. The goal of the Across Ages proposal is to prevent such problems as substance use and dropping out of school that are serious issues facing the City of Roanoke. The emphasis of Across Ages is on enhancing youths' developmental assets by engaging the students in the community through service projects, connecting them with positive adult role models (mentors), increasing their confidence in health decision- making per the life skill sessions and strengthening family relationships through regular family evening activities. As a youth serving organization, we can verify the need for programs that have a proven track record of succeeding with our higher risk students. It is particularly noteworthy that the program will reach nine through thirteen-year-olds, as prevention needs to occur prior to the onset of problem behaviors. \. Our after school center will plan to refer to the Across Ages program students who are truant or are otherwise at high risk for dropping out of school or engaging in other problem behaviors or who have a relative in jail. We serve indigent families, many of whom have children who would qualify as being at high risk and appropriate for this program. Our center is willing to enroll youth referred to us from the Court Services Unit 23A, if the family completes the intake and orientation process, recognizing that space is limited. It is our goal to save sufficient spots for the Across Ages program implementation. I strongly support Family Service's Across Ages proposal due its meeting a vital need in our community for mentoring and service learning youth development opportunities. Family Service of Roanoke Valley is a reputable agency in the Roanoke Valley with a longstanding history of human service delivery. Our agency has partnered with Family Service for more than six years and we continue to look for more ways to work jointly in order to meet the needs of disadvantaged children and their families. Thank you for your consideration of the Across Ages proposal. ~ en McNally, Executive . ecto Presbyterian Community Center Date: February 25, 2008 .')1- ACTION PROGRAM PARTNERS AGREEMENT For Family Service of Roanoke Valley, Inc and Apple Ridge Farm \.... Contact person for partnership agreement: Cheri Hartman, Action Partnership_ Address: 360 West Campbell Avenue, SW, Roanoke, VA 24016, Phone: 540 563- 5316 Email: chartman@ssrv.org Fax: 540563-5264 Contact person: Peter Lewis, Apple Ridge Farm, Address: 541 Luck Avenue, SW, Suite 304, Roanoke, VA 24016 Phone: 540 982-1322 Email: info@appleridge.org Fax: 540 982-1670 \. As the lead agency in the ACTION Program Partnership, Family Service of Roanoke Valley agrees to provide the following (at a minimum but not limited to these services): 1. Youth development life skill services on site at a partner school (eg, Hurt Park Elementary) beginning no later than September 6, 2008 (any home visits that become indicated will be included as on site services) and continuing through May, 2009 excluding holidays and vacation time; 2. Service learning opportunities for the children in these groups provided at least monthly; 3. Assistance with family night out events; 4. Supervisory services for the on-site prevention specialists; 5. Mentor recruitment and coordination provided for the 4th - 5th graders in accordance with the Across Ages approach using the same best practices and policies and procedures of Big Brothers Big Sisters; 6. Evaluation for the purpose of documenting the achievement of outcome . objectives that relate to promoting positive developmental assets; 7. Grant monitoring and report writing as required by the relevant funders (e.g., City of Roanoke and United Way of Roanoke Valley); 8. Assistance in scheduling ACTION networking meetings; 9. Accommodating the communication needs of the partnership. As a progr;un partner with the ACTION Program, Apple Ridge Farm agrees to work with Family Service's staff to: 1. Identify and refer appropriate children and their families, 2. Communicate relevant history/information to Family Service staff when making referrals and assist with obtaining the necessary parental permission; 3. Coordinate Family Night Out events throughout the year between September, 2008 and June 30, 2009; 5. ' Help collect relevant data on children: program attendance, grades, survey data, school attendance, success stories (individual, group or program-wide) to track outcome objectives; 6. Provide staffing support for implementing Across Ages as feasible; 7. Attend ACTION networking meetings sending at least one representative; 8. Provide the appropriate orientation to Apple Ridge's policies for Family . Service staff; 9. Accommodate the communications needs of the partnership. \.,. This agreement applies to the period of July 1,2008 through June 30, 2009. All services and funding to be provided under this agreement are contingent upon necessary appropriations by the United Way of Roanoke Valley and City of Roanoke funding to ~ J $S .- \.... ~ ~ Family Service of Roanoke Valley, Inc., as well as receipt by Apple Ridge of its expected funding for 2008-2009. Suspension or termination ofthe agreement may occur if the partner program fails to comply with the tenns of this agreement upon written notification setting forth the reasons for such termination, the effective date and in case ofpartial termination, the portion to be terminated. Signatures indicate agreement with the above roles for each partner. This agreement is open to negotiation and any changes will be recorded in writing and made available to the partner programs. This agreement is not exclusive in that each partner may enter into other partnerships. President and CEO Jolm F. Pendarvis, ACSW Family Service of Roanoke Valley Executive Director Peter Lewis Apple Ridge Farm -IL+~ f?$:,c ~ date-#' date ~~& --. ~q - WEST ,~ \... ~n~LR VOUTH Mailing Address P.O. Box 4562 Roanoke, Va. 24015 Location 1223 & 1226 Patterson Ave S.W Roanoke, Va. 2401li 540-342.0902 FaI540-345'5848 www.westendcenter.org BUILDING COMMUNITY ONE CHILD AT A TIME RE: Family Service of Roanoke Valley's JJDP Delinquency Prevention Grant Program Submission for Across Ages in the City of Roanoke Department of Criminal Justice Services, Grants Administration February 20, 2008 TO: DATE: The purpose of this memo is to express support for the Across Ages in the City of Roanoke proposal submitted by Family Service of Roanoke Valley. This evidence-based SAMHSA approved model program has been found to be effective in communities like the City of Roanoke. The goal of the Across Ages proposal is to prevent such problems as substance use and dropping out of school that are serious issues facing the City of Roanoke. The emphasis of Across Ages is on enhancing youths' developmental assets by engaging the students in the community through service projects, connecting them with positive adult role models (mentors), increasing their confidence in health decision-making per the life skill sessions and strengthening family relationships through regular family evening activities. \., As a youth serving organization, we can verify the need for programs that have a proven track record of succeeding with our higher risk students. It is particularly noteworthy that the program will reach nine through thirteen-year-olds, as prevention needs to occur prior to the onset of problem behaviors. Our after school center will plan to refer to the Across Ages program students who are truant or are otherwise at high risk for dropping out of school or engaging in other problem behaviors or who have a relative in jail. We serve indigent families, many of whom have children who would qualify as being at high risk and appropriate for this program. Our center is willing to enroll youth referred to us from the Court Services Unit 23A, if the family completes the intake and orientation process, recognizing that space is limited. It is our goal to save sufficient spots for the Across Ages program implementation. I strongly support Family Service's Across Ages proposal due its meeting a vital need in our community for mentoring and service learning youth development opportunities. Family Service of Roanoke Valley is a reputable agency in the Roanoke Valley with a longstanding history of human service delivery. Our agency has partnered with Family Service for more than six years and we continue to look for more ways to work jointly in order to meet the needs of disadvantaged children and their families. Thank you for your consideration of the Across Ages proposal. )(~~ R I-/~ (Signature 0 appropnate after school center person of authonty) Date: ~ J;:), I J d~ I I ~ ~ 30- U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER \., CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSWILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to detennine the certification to which they are required to attest. Applicants should also review the instnlctions for certification included in the regulations before completing this fonn. Signature of this fonn provides for compliance with certification requirements under 28 CFR Part 69. "New Restriction's on Lobbying" and 28 CFR Part 67, "Government.wide Debarment and Suspension (Non-prowrement) and Govemment-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice detennines to award the covered transaction, gnmt, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grantor cooperative agreement over $100,000 as dermed at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment, or modification of any Federal grant or cooperative agreement; \.., (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an 6Il1ployee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions: (c) The undersigned shall require that the language ofthis certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements I and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTIlER RESPONSIBruTY MATTERS (DIRECI'RECIPIENT) As required by Executive Order 12549, Debarment and Suspension. and Implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debannent, declared ineligible, saltenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; \.. (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission offraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State mtitrust statutes or commission of embezzlement, theft, forgery. bribery, falsification or destruction of records, making false statements, or receiving stolon property; (C) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the drog-Pree Workplace Act of 1988, and implemented at 28 CFRParts 67, Subpart F, for grantees. as defined at 28 CFR Part 67 Sections 67.615 and 67.62Q--- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispeosing. possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going dtug-free awareness program to inform employees about--- (I) The dangers of drug abuse in the workplace: (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation. and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace: (c) Making it a requirement that each employee to be engaged in the perfonnance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a conditiOll of employment under the grant, the employee will--- .~3' - (I) Abide by the terms of the statement; and \..., (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subplll"llgraph (dX2) from an employee or otherwise reeei ving actual notice of such con viction. Employers of convicted employees must provide notice, including position title, to: Department of Justice. Office of Justice Programs, A TfN: Control Desk, 633 Indiana Avenue, N .w., Washington. D.C. 20531. Notice shall include the identification numbel(s) of each affected grant; (t) Taking one ofthe foIlowing actions, within 30 calendar days of receiving notice under subparagraph (dX2), with respect to any employee who is so convicted--- (1) Taking appropriate personnel action against such an employee, up to and including termination. consistent with the requirements ofthe Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency: (g) Making a good faith effort to continue to maintain a drug free workplace through implemllltation of paragraphs (a), (b), (c), (d), (e), and (t). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: \., Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Ju stice funding. States and State agencies may elect to use OJP Form 4061n. Check if the State has elected to complete OJP form 4061n. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) Ai; required by the Drug-Freo Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620-- A. Ai; a condition of the grant, r certify that r will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs. ATTN: Control Desk., 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative ofthe applicant, r hereby certify that the applicant will comply with the above certifications. City of Roanoke 215 Church Avenue 1. Grantee Name and Address: Across Ages in the City of Roanoke 2. Application Number and/or Project Name Darlene Burcham, City Manager 4. Typed Name and Title of thorized Representative Roanoke 24011 VA 54-6001569 3. Grantee IRSNendor number 4. -;2 ~- t) tf 6. Date \.., -.3d,- 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 July 22, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: . I am attaching copy of Budget Ordinance No. 38159-072108 appropriating funds from the Commonwealth of Virginia for the Urban and Community Forestry Grant, and amending and reordaining certain sections of the 2008- 2009 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, July 21, 2008, and is in full force and effect upon its passage. Sincerely, ~h1. tr;(;VJ,v 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 Steven C. Buschor, Director, Parks and Recreation Daniel Henry, Urban Forester {X IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38159-072108. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages Urban Forestry Supplies Transfer to Grant Fund Grant Fund Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Revenues Urban & Community Forestry Grant FY09 Urban & Community Forestry Grant FY09 Local Match 01-620-4340-1 004 01-620-4340-3004 01-250-931 0-9535 35-620-4354-1002 35-620-4354-11 05 35-620-4354-1116 35-620-4354-1120 35-620-4354-1125 35-620-4354-1126 35-620-4354-1130 35-620-4354-4354 35-620-4354-4355 $ (8,600) (6,703) 15,303 17,971 2,771 650 1,375 2,244 132 160 10,000 15,303 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . ATTEST: <, .. In I 11M", City Clerk. ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38158-072108 authorizing the acceptance of an Urban and Community Forest Grant to fund a part-time Urban Forestry Planner to work with the City~s Urban Forester to start a Tree Steward Program; and authorizing the execution of the necessary documents, 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, July 21, 2008. Sincerely, ~hl. ~UYV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, 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 Steven C. Buschor, Director, Parks and Recreation Daniel Henry, Urban Forester .~,-, ~" 7~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38158-072108. A RESOLUTION authorizing the acceptance of an Urban and Community Forest Grant to fund a part-time Urban Forestry Planner to work with the City's Urban Forester to start a Tree Steward Program; and authorizing the execution ofthe necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Urban and Community Forest Grant, in the amount of $10,000.00, to fund a part-time Urban Forestry Planner to work with the City's Urban Forester to start a Tree Steward Program, and as more particularly set forth in the letter dated July 21, 2008, from the City Manager to this Council. ... 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with the Virginia Department of Forestry, and any other forms necessary to accept such grant, such forms to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~f'I1. ~M- City Cle~k. R-Urban and Community Forestry Grant 2008.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Urban and Community Forestry Grant On June 9, 2008, the City was notified by the Virginia Department of Forestry that a $10,000 grant will be awarded to the City upon execution of a Memorandum of Agreement (Attachment 1). The grant will be used to fund a part-time Urban Forestry Planner to work with the City's Urban Forester to start a Tree Steward Program. This grant is from the same program that has funded the part-time Urban Forestry Planner for the past six years. The $10,000 Urban and Community Forestry Grant is a federal grant sponsored by the National Forest Service and administered by the Virginia Department of Forestry. Funds are awarded on a reimbursement basis after verification of the local match. The Urban Forester will provide 300 hours of staff time ($9,561) as part of the City match. The remainder of the matching funds will be an additional $15,303 to cover salary and pro-rata benefits for the part-time Urban Forestry Planner. The funding will be used to train volunteers in urban forestry. Graduates of the Tree Steward Program will be able to plant and maintain trees, and educate the public on the benefits of trees and the environment. This will help staff improve tree assets and implement the Urban Forestry Plan, an element of Vision 2001- 2020. Honorable Mayor and Members of City Council July 21, 2008 Page 2 Recommended Action: Accept the Urban and Community Forestry Grant in the amount of $10,000 and authorize the City Manager and City Clerk to execute and attest respectively, an agreement with the Virginia Department of Forestry and any other forms necessary to accept such grant, approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $10,000, transfer local match funding as follows: $8,600 from the Parks and Recreation temporary employee wage account (01-620-4340- 1004), and $6,703 from the urban forestry supplies account (01-620-4340- 3004); and appropriate funding totaling $25,303 to expenditure accounts to be established by the Director of Finance in the Grant Fund as follows: Account Regular Employee Salaries FICA Medical Insurance Dental Insurance City Retirement Life Insurance ICMA Account # 35-620-4354-1002 35-620-4354-1120 35-620-4354-1125 35-620-4354-1126 35-620-4354-1105 35-620-4354-1130 35-620-4354-1116 Amount $17,971 1,375 2,244 132 2,771 160 650 $ 25,303 TOTAL Respectfully submitted, ~ c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director of Parks and Recreation CM08-00 11 6 U&CF ASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT # 08UCFll This agreement made this day of , 2008 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and the City of Roanoke, Virginia, herein referred to as "Party of the Second Part". The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (1) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community Forestry Assistance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on June 10,2008 and shall terminate on June 15, 2009. (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in ATTACHMENT A. Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party ofthe Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. Page 1 (5) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. (6) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party ofthe First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. Page 2 The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (10) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (11 ) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict ofInterest Act. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the "Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: Non-Profit On!anizations Cost Principles, OMB CIR A-122. Admin. Regulations, OMB CIR A-II0 Audits, OMB CIR-A 133 State and Local Governments Cost Principles, OMB CIR A-87 Admin, Regulations, OMB CIR A-102 (rev.) Audits, OMB CIR A-133 Universities Cost Principles, OMB CIR A-21 Admin. Regulations, OMB CIR A-IlO Audits, OMB CIR A-133 Page 3 (15) QUARTERLY REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. The quarterly report form has information relating to writing to your federal congress person about the benefits of the U&CF program to your community / organization. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED June L 2008 - August 30, :2008 September 1, 2008 mmDecember 31, 2008 January 1, 2009 - March 31, 2009 April 1 , 2009 ...... June 1 2009 SUBMITTAL DATE Scpternber 15, 200g January 1 2009 April 15,2009 June 30, 2009 In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: BY: TITLE: City Manager TITLE: Urban and Community Forestry Partnership Coordinator AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: DATE: Page 4 ATTACHMENT A PAYMENT PROCESS The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress ofthe project to determine eligibility for full funding. Grantees may request reimbursement as frequently as needed (within reason); for a maximum of 4 request during the grant period, as there are qualifying expenditures. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-102 and A-1lO which are the uniform administration requirements. Grantees are also referred to Section 3015,3016, and 3017 of the Code of Federal Regulations and to cost principles outlined in OMB Circulars A-21, A-87, and A-122. Copies of these documents may be obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certify that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative of the local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines of the "Agency Procurement Manual" (January 1990) as required in Section 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: . Records shall comply with generally accepted accounting principles. . Records will document allowable costs. . Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for following final payment Page 5 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECEUA R. TYREE Assistant Deputy City Clerk July 22,2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38163-072108 accepting additional funding from the Four-For-Life program through the Office of Emergency Medical Services in Richmond, Virginia, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008. Sincerely, ~~~o~~c~ City Clerk SMM:ew Attachment pc: Ann H. Shawver, 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 James Grigsby, Assistant City Manager of Operations H. David Hoback, Fire-EMS Chief ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38163-072108. A RESOLUTION accepting additional funding from the Four-For-Life program through the Office of Emergency Medical Services in Richmond, Virginia, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the additional funding from the Four- For-Life program through the Office of Emergency Medical Services in Richmond, Virginia in the amount of $52,652 upon all the terms, provisions and conditions relating to the receipt of such funds. The additional funding to be received by the City from the Four-for-Life program is more particularly described in the letter of the City Manager to Council, dated July 21,2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any and all necessary documents required to obtain, accept, implement, administer, and use the additional funds, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as maybe required in connection with the City's acceptance of the additional funds. ATTEST: ~ f'rI.. ~~ Resolution accepting additional funds from Four-Far-Life program.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk July 22, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38160-072108 appropriating additional funds from the Four-For-Life program for emergency medical services, 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, July 21, 2008, and is in full force and effect upon its passage. Sincerely, ~=O~~M~~ 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 James Grigsby, Assistant City Manager of Operations H. David Hoback, Fire-EMS Chief ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38160-072108. AN ORDINANCE to appropriate additional funding from the Four-For-life program for emergency medical services, amending and reordaining certain sections of the 2008-2009 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Four for Life Revenues EMS':'Four for life 01-520-3521-2245 $52,652 01-110-1234-0657 52,652 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: · /'n. ~OOW City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Four-For-Life Funding Acceptance Background: The Four-For-Life program is funded through the Office of Emergency Medical Services in Richmond, Virginia. Each year, Roanoke Fire-EMS receives funds from this program to purchase items needed in the department. The Four- For-Life program, as amended in 2000, stipulates that four (it is now $4.25) additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup and panel truck. The funds collected, pursuant to Section 46.2-694, Code of VirQinia, shall be used only for emergency medical services. The law further provides that twenty-six percent (26%) of the registration fees collected be returned by the State Comptroller to the locality wherein such vehicle is registered to provide funding for training of volunteer or salaried emergency medical service personnel of licensed, nonprofit emergency medical service agencies or for the purchase of necessary equipment and supplies for EMS. The FY 2009 revenue estimate for Four-For-Life is $75,000. Roanoke Fire- EMS has received an additional $52,652 due to a change in the disbursement process for FY 2009. Honorable Mayor and Members of City Council July 21, 2008 Page 2 Considerations: City Council action is needed, to appropriate the additional Four-For-Life funds of $52,652 in accordance with provisions of these funds. Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate for the Four-For-Life Program (01-110-1234-0657) in the amount of $52,652 and appropriate funding in the same amount to Four-For-Life Program (01- 520-3521-2245). Authorize the City Manager to execute any required agreements or documents, such to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bur ham City Manager DLB:tb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget H. David Hoback, Fire-EMS Chief CM08-00 108 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 SHEILAN. HARTMAN, CMC Deputy City Clerk CECEUA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38161-072108 supporting the City of Roanoke's participation in the Virginia Department of Transportation's Revenue Sharing Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008. Sincerely, . m, moW Stephanie M. Moon, CMC l City Clerk SMM:ew Attachment pc: Ann H. Shawver, 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 James Grigsby, Assistant City Manager of Operations Robert K. Bengtson, P. E., Director of Public Works Mark D. Jamison, P. E., PTOE, Transportation Division ~~~, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38161-072108. A RESOLUTION supporting the City of Roanoke' s participation in the Virginia Department of Transportation's Revenue Sharing Program. WHEREAS, the Virginia Department of Transportation's Revenue ~haring Program has been available to Virginia cities and towns for many years; WHEREAS, the Virginia Department of Transportation's Revenue Sharing Program has made available $50 million to Virginia cities and towns that maintain their road systems for FY2009; WHEREAS, the Virginia Department of Transportation' s Revenue Sharing Program requires matching funds on a one to one basis; WHEREAS, the City has identified traffic signal improvements as the suggested project for which funds from the Virginia Department of Transportation's Revenue Sharing Program may be used and has identified matching City funds for the project; and WHEREAS, the City Council ofthe City of Roanoke desires to submit an application for an allocation of funds through the Virginia Department of Transportation' s Fiscal Year 2009 Revenue Sharing Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council supports the City's application for an allocation of funds through the Virginia Department of Transportation' s Fiscal Year 2009 Revenue Sharing Program, as more fully set forth in the City Manager's letter dated July 21,2008, to Council. 2. That if the City is successful in receiving the allocation of funds requested, that the City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, R-VDOT Revenue Sharing-traffic signa\.doc 1 ,\},. 1 respectively, all necessary and appropriate agreements with the Virginia Department of Transportation to locally administer and implement this project, such agreements to be in such form as is approved by the City Attorney. ATTEST: ,-M,~ City Clerk. \ R-VDOT Revenue Sharing-traffic signal.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 July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ, Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Revenue Sharing Program Background: The Virginia Department of Transportation's Revenue Sharing Program is once again available to cities for FY 2009. This program provides additional funding for use by the City to construct or improve its highway systems. The Commonwealth of Virginia has made available $50 million in Revenue Sharing funds statewide to cities and towns that maintain their road systems for FY 2009. These funds are matching funds (50% State/ 50% local); however, the State has indicated that localities offering any amount more than 50% of the project cost will be received more favorably. Considerations: In the past, the City has applied for and received Revenue Sharing funds for projects such as intersection improvements, the annual paving program, bridge maintenance, new sidewalk construction, and sidewalk maintenance and repair. However, this year's program does not permit maintenance activities such as paving, sidewalk repair, or bridge maintenance. For the upcoming year, staff has identified traffic signal improvements as the suggested project for which these funds would be used. Potential improvements could consist of improvements to audible pedestrian signals Honorable Mayor and Members of City Council July 21, 2008 Page 2 downtown, improvements to school zone flashers, interconnection of existing traffic signals, and installation of LED signal heads at existing traffic signal locations. Staff has identified $105,000 in funding to offer as the City's match from a capital account entitled "Traffic Signal Systems," account 08-530-9800. Recommendation: City Council adopt a resolution supporting the request to participate in the Virginia Department of Transportation Revenue Sharing Program with an offer of up to $105,000 in local match participation and authorize the City Manager to enter into any necessary agreements with the Virginia Department of Transportation to locally administer and implement these projects should funding be received, such agreements to be approved as to form by the City Attorney. Darlene L. Burc City Manager DLB/MDJ/lbv c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager CM08-00 11 5 i:!'}/ ! l--n-;.. L,~ .:..-:. '. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cIerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22, 2008 CECELIA R. TYREE Assistant Deputy City Clerk David B. Carson, Chair Roanoke City School Board 3037 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Carson: I am enclosing copy of Budget Ordinance No. 38162-072108 appropriating funds from the Federal government and donations, and amending and reordaining certain sections of the 2008-2009 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008, and is in full force and effect upon its passage. Sincerely, ~h1, l'Y\o~ Stephanie M. Moon, CMC "- City Clerk SMM:ew Enclosure pc: Dr. Rita D.. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget f' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38162-072108. AN ORDINANCE to appropriate funding from the Federal government and ;donations, amending and reordaining certain sections of the 2008-2009 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Equipment Professional Development Materials & Supplies Materials & Supplies Materials & Supplies Materials & Supplies Staff Training Stipend Social Security Other Professional Services Postage Travel . Evaluation Services Parental & Community Involvement Materials & Supplies Communications Equipment Teacher Guidance Counselor Coordinator Social Security Contracted Services Travel Revenues Donation Federal Receipts Federal Receipts Federal Receipts 302-100-1304-1000-751 C-62220-48821-9-00 302-110-1305-1 000-352C-61 000-41129-3-06 302-110-1305-0210-352C-61100-46614-3_06 302-11 0-1305-0280~352C-611 00-46614-3-06 302-110-1305-0440-352C-61100-46614-3-06 302-11 0-1305-0230-352C-611 00-46614-3-06 302-253-0000-0000-153C-64600-41129-9_00 302-253-0000-0000-153C-64600-4220 1-9-00 302-253-0000-0000-153C-64600-43313-9-00 302-253-0000-0000-153C-64600-45521-9-00 302-253-0000-0000-153C-64600-45554-9-00 302-253-0000-0000-153C-64600-45584-9-00 302-253-0000-0000-153C-64600-45585-9-00 302 -253-0000-0000-153C-64600-46614-9-00 302-253-0000-0000-153C-64600-48803-9-00 302-140-0000-0553-154C-61210-41121-3-05 302 -140-0000-0553-154C-6121 0-41123-3-05 302-140-0000-0553-154C-61210-41124-3-05 302-140-0000-0553-154C-6121 0-42201-3-05 302-140-0000-0553-154C-6121 0-43313-3-05 302-140-0000-0553-154C-61210-45554-3-05 302-000-0000-0000-751 C-00000-33808-0-00 302-000-0000-0000-352C-00000-380 1 0-0-00 302-000-0000-0000-153C-00000-38184-0.;.00 302-000-0000-0000-154C-00000-38186_0_00 $ 21,000 3,000 1,500 1,500 1,500 1,500 90,000 6,885 418,500 2,800 5~876 15,000 10,000 7,000 74,500 400 487 300 333 15,780 200 21 ,000 9,000 630,561 17,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: - h), ~UYV City Clerk. CITY OF ROANOKE SCHOOL BOARD P.O. Box 13145, ROANOKE, VA 24031 . 540.853.2381 . 540.853.2951 July 21, 2008 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its July 8 meeting, the Board respectfully requests the appropriation of the following funds: . $9,000.00 for the "I Can Learn" Mathematics Program. The funds will be used to host the program training and provide instruction in Number and Number Sense for 6-8 grade students at each middle school. The program is reimbursed one hundred percent by federal funds. · $17,500.00 for the Leadership and Resiliency Program to be administered by Family Service of Roanoke Valley for students at Noel C. Taylor Learning Academy. The program will provide family service training for the Roanoke City Public Schools' staff. This continuing program is reimbursed one hundred percent by federal funds. · $630,561.00 for the Readiness and Emergency Management for Schools Program to improve and strengthen the division's emergency management plans. The funding also enables school districts to develop improved plans that address all four phases of emergency management-Prevention-Mitigation, Preparedness, Response, and Recovery. The program is funded one hundred percent by federal funds. · $21,000.00 from the Foundation for Roanoke Valley for the purpose of purchasing automated external defibrillators. The program is funded one hundred percent by a donation. 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 Mrs. Ann H. Shawver Ms. Dorothy Hoskins (with accounting details) CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Request As the result of official School Board action at its meeting on July 8, the Board respectfully requests that City Council appropriate the following funds: · $9,000 for the "I Can Learn" Mathematics Program. The funds will be used to host the program training and provide instruction in Number and Number Sense for 6-8 grade students at each middle school. The program is reimbursed one hundred percent by federal funds. · $17,500 for the Leadership and Resiliency, Program to be administered by Family Service of Roanoke Valley for students at Noel C. Taylor Learning Academy. The program will provide family service training for the Roanoke City Public Schools' staff. This continuing program is reimbursed one hundred percent by federal funds. · $630,561 for the Readiness and Emergency Management for Schools Program to improve and strengthen the division's emergency management plans. The funding also enables school districts to' develop. improve'di'plans that address all four phases of emergency management-Prevention-Mitigation, Preparedness, Response, and Recovery. The program is funded one hundred percent by federal funds. · $21,000 from the Foundation for Roanoke Valley for the purpose of purchasing automated external defibrillators. The program is funded one hundred percent by a donation. 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HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECEUA R. TYREE Assistant Deputy City Clerk July 23,2008 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: The following Council assignments were made at the regular meeting of Council on Monday, July 21 : Audit Committee Vice-Mayor Lea, Chair Council Member Trinkle, Vice-Chair Leqislative Committee Council Member Trinkle, Chair Council Member Mason, Vice-Chair Personnel Committee Council Member Mason, Chair Council Member Nash, Vice-Chair Virqinia First Cities Representative - held in abeyance Roanoke Redevelopment and Housinq Authority - held in abeyance Appointed Council Member Rosen .as a member of the Virginia's First Regional Industrial Facility Authority Board of Directors for a term ending June 30, 2012. The Honorable Mayor and Members of the Roanoke City Council July 23,2008 Page 2 Appointed Council Member .Rosen as a member of the New River Valley Commerce Park Participation Committee for a term ending June 30, 2012. Sincerely, ~h1, h]OlNV Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Troy (Drew) A. Harmon, Municipal Auditor 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 22, 2008 The Honorable Court G. Rosen 3226 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Council Member Rosen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 21, 2008, you were appointed as a member of the Virginia's First Regional Industrial Facility Authority Board of Directors, for a term ending June 30, 2012. 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 Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish City of Roanoke representatives to Virginia's First Regional Industrial Facility Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned prior to assuming the duties of your office, K:\oath and leaving service\Virginia's First Reginal Industrial Facility Authority\Court rosen oath 6 30 l2.doc The Honorable Court G. Rosen July 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, ~h\.m~ow Stephanie M. Moon, CMC\-' City Clerk SMM:ew Enclosures pc: David W. Rundgren, Executive Director, Virginia's First Regional Industrial Facility Authority, 6580 Valley Center Drive, Suite 124, Radford, Virginia 24141 William M. Hackworth, City Attorney Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving service\Virginia's First Reginal Industrial Facility Authority\COUrl rosen oath 6 30 l2.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 twenty-first day of July 2008, COURT G. ROSEN was appointed as a member of the Virginia's First Regional Industrial Facility Authority Board of Directors, for a term ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this twenty- third day of July 2008. ~., .' . i. /Y). m ()f)'N . ,. ~ ~ciityClerk \ \',! K:\oath and leaving serviceWirginia's First Reginallndustrial Facility Authority\Court rosen oath 6 30 l2.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 CECELlA R TYREE Assistant Deputy City Clerk July 23, 2008 The Honorable Court G. Rosen 3226 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Council Member Rosen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 21, 2008, you were appointed as a member of the New River Valley Commerce Park Participation Committee, for a term ending June 30, 2012. 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. K:\oath and leaving service\New River Valley Commerce Park Participation Committee\Court rosen oath 630 l2.doc The Honorable Court G. Rosen July 23,2008 Pag e 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, ~hr.~()~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: David W. Rundgren, Executive Director, Virginia's First Regional Industrial Facility Authority, 6580 Valley Center Drive, Suite 124, Radford, Virginia 24141 Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving service\New River VaHey Commerce Park Participation Committee\Court rosen oath 6 30 l2.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 twenty-first day of July 2008, . COURT G. ROSEN was appointed as a member of the New River Valley Commerce Park Participation Committee, for a term ending June 30, 2012. Given under my hand and the Seal of the City of Roanoke this twenty- third day of July 2008. ~,.. .:' "h1. h1 01:>Y I,..J . - C City C;:lerk K:\oath and leaving service\New River Valley Commerce Park Participation Committee\Court rosen oath 6 30 l2.doc The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ \\\\\111'""~/, ",\ ~cENIt "" " ?'-. ......... ~A_" ~'~'r(-....NOTARy...:.~ ~ :: ~ : PUBLIC '. "j) -:. ..... . . ,..- = *: REG. #332964 : * : = : MY COMMISSION: : :. ~ S :~= .. CJ... ~ ..:;;:.. ...(....-:;. .~4w -:. ':4_ '. .' c-":; .. ...-~ ". ~.' ~.... '.. V4\ ...... ~".... "1 71tE;AlTu IJ~ ,~.. l'ln \~'" If", ,. Met.'" ---------------------------------------+------------------------ Billing Services Representative 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 10983613 Bowers Public Hearin 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 __b~_day of July 2008. Witness my hand and offlcial seal. Mtelti1!A pi PUBLISHED ON: 07/11 TOTAL COST: FILED ON: 201.00 07/11/08 Authorize Signature. ~~----~---_. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~~. , NOnCE OF PUBLIC : , HEARING ' The Council 01 the City 01 I ,.. ",.. .m.." · '""''' hearing on Monday, July 21, ,2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the i Council Chamber, lourth- l'loor, in the Noel C. Taylor Municipal 8uilding, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the lollowing: Proposal by Mayor David A. Bowers lor Council to consider changes to some 01 its operating procedures, including allowing speakers more time to speak, eliminating the requirement' that speakers preregister" Imoving the speakers', 'podium, changing the procedure'lor representatives 01 citizens I :groups to speak dUringl Council meetings, having at .Ieast two regular night meetings a year in different /,neighborhOOdS, an'd changing the process by which items are placed on, Council's.agenda, among , other proposals. A copy 01 the Mayor's 'proposal is available lor . review in the Office 01 the , City Clerk, 'Room 456, Noel i C. Taylor Municipal Building, 1215 Church Avenue, S.W.,: , Roanoke, Virginia, and isl , available 'in the City Council's, : web s 'i rea tl I www.roanokeva.gov. ,I All parties in interest and I citizens may appear on the I above date, and be heard on, the matter. If you.are a , person with a disability who i needs accommodations lor: : this hearing, please contact I the City Clerk's Office, at, 853-2541, belore noon on' : the Thursday pelore the date; 01 the hearing listed above. ' I GIVEN under my hand this 9th day 01 July, 2008. Stephanie M. Moon, CMC City Clerk. I (10~8:~~3) ___ __ . \?~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, July 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Proposal by Mayor David A. Bowers for Council to consider changes to some of its operating procedures, including allowing speakers more time to speak, eliminating the requirement that speakers preregister, moving the speakers' podium, changing the procedure for representatives of citizens groups to speak during Council meetings, having at least two regular night meetings a year in different neighborhoods, and changing the process by which items are placed on Council's agenda, among other proposals. A copy of the Mayor's proposal is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, and is available in the City Council's web site at www.roanokeva.gov. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 9th day of July, 2008. Stephanie M. Moon, City Clerk. PH Notice Mayors Proposals 2008.doc Notice to Publisher: Publish in the Roanoke Times once on Friday, July 11,2008. Send bill and affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 (540) 853-2541 PH Notice Mayors Proposals 2008.doc Notice to Publisher: Publish in the Roanoke Tribute on Thursday, July 17,2008. Send bill and affidavit to: Stephanie M; Moon, CMC, City Clerk 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 (540) 853-2541 PH Notice Mayors Proposals 2008 Roanoke Tribune.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 July 22, 2008 Donald C. Harwood Hill Studio PC 120 West Campbell Avenue Roanoke, Virginia 24011 Clarence M. Dunnaville, Jr. Vice-President and Treasurer Oliver White Hill Foundation P. O. Box 2246 Richmond, Virginia 23218 Gentlemen: I am enclosing copy of Ordinance No. 38164-072108 rezoning property located at 401 Gilmer Avenue, N. W., from RM-1, Residential Mixed Density District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.1 dated May 16, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008, and is in full force and effect upon its passage. Sincerely, ~hrJ. h-jOVkJ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Donald C. Harwood Clarence M. Dunnaville, Jr. July 22, 2008 Page 2 pc: Mr. and Mrs. Brent Jackson, 329 Gilmer Avenue, N. W., Roanoke, Virginia 24016 Mr. and Mrs. Homer Johnson, 405 Gilmer Avenue, N. W., Roanoke, Virginia 24016 Ms. Helen D. Barlow, P. O. Box 2542, Burlington, North Carolina 27216 Ms. Margaret J. Patterson, 414 4th Street, N. W., Roanoke, Virginia 24016 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Mr. Naymon Mack, 1320 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Wayne Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Ms. Margaret Roberts, 411 Gilmer Avenue, N. W., Roanoke, Virginia 24016 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 i\:$ , ~\ ~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, .2008. No. 38164-072108. AN ORDINANCE to amend S 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Oliver White Hill Foundation, Clarence M. Dunnaville, Jr., Vice President and Treasurer, represented by Alison Blanton, Hill Studio, PC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from RM-l, Residential Mixed Density District, to MX,Mixed Use District; WHEREAS, the City Planning 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 July 21, 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's " 0-401 Gilmer Avenue, NW-rezone with proffers. doc Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 2011424 located at 401 Gilmer Avenue, N.W., be, and is hereby rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.1, dated May 16,2008. 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: m.htlJ~ City Clerk. - , 0-401 Gilmer Avenue, NW-rezone with proffers.doc 2 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us Architectural Review Board Board of Zoning Appeals Planning Commission July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from Oliver White Hill Foundation, Clarence M. Dunnaville, Jr., Vice President and Treasurer, represented by Alison Blanton, Hill Studio, PC, to rezone 401 Gilmer Avenue, N.W., Official Tax No. 2011424, from RM-1, Residential Mixed Density District, to MX, Mixed Use District, subject to the conditions that the uses permitted shall be either single- family, two-family, or mixed use building limited to office, museum and dwelling units; that the property will be developed in substantial conformity to a proffered development plan; that any modifications will comply with the Neighborhood Design Overlay District regulations; that outdoor lighting will be limited to building mounted fixtures and will not include spot and flood lights; and that signage, not exempted from regulation under the Zoning Ordinance, will be limited to one building mounted sign on the Gilmer Avenue fa<;ade. Planning Commission Action: Planning Commission's public hearing was held on Thursday, June 19, 2008. By a vote of 6-0 (Ms. Prince absent), the Commission recommended approval of the rezoning request, finding that it to be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Gainsboro Neighborhood Plan. Allowing for a mixed use building containing a small professional office, a museum, and second-floor residence is appropriate to the property's history and will not alter the residential character of the site. Members of City Council Page 2 July 21,2008 Respectfully submitted, ~~ Henry Scholz, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Applicant Members of City Council Page 3 July 21,2008 Application Information Request: Owner/Applicant: Representative: City Staff Person: Site Address/Location: Official Tax Nos.: Site Area: Existing Zoning: Proposed Zoning: Existing Land Use: Proposed Land Use: Neighborhood Plan: Specified Future Land Use: Filing Date: Background Rezoning, Conditional Oliver White Hill Foundation (Clarence M. Dunnaville, Jr) Alison S. Blanton, Hill Studio PC Maribeth B. Mills 401 Gilmer Avenue NW 2011424 0.1663 Acres RM-1, Residential Mixed Density MX, Mixed Use with Proffered Conditions Multifamily Residential Professional Office/Museum/Residential Gainsboro Neighborhood Plan Single and Two-Family Residential Original Application: May 1, 2008; Amended Application NO.1: May 16, 2008 The applicant requesting to rezone the subject property to allow the establishment of a legal aid center and museum in the childhood home of Oliver White Hill, the attorney who represented the state of Virginia in Brown v Board of Education, in conjunction with Washington and Lee University's Law School. The most recent use of the property has been as a multifamily dwelling. It is currently vacant while renovations are being conducted to return the building to its original configuration and condition. The applicant has proffered that the legal aid center and museum would be located on the first floor with one dwelling unit on the second floor. The applicant has also agreed to limit parking, signage, and lighting to maintain the exterior appearance of the property as a residence. The Neighborhood Design Overlay District would also remain in effect, regulating future modifications to the exterior of the building. Conditions Proffered by the Applicant The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 2011424: 1. Only the following uses shall be permitted: a. Dwelling, Single-Family Detached b. Dwelling, Two-Family Members of City Council Page 4 July 21,2008 c. Mixed Use Building limited to Office, General or Professional, and Museum on the first floor and dwelling units above on the second floor. 2. The property will be developed in substantial conformity with the Development Plan prepared by Hill Studio dated May 16, 2008, a copy of which is attached to this application, subject to any changes required by the City during the development review process. 3. Any modifications or additions to the structure shall comply with Section 36.2-332, Neighborhood Design Overlay District. 4. Outdoor lighting shall be limited to building mounted fixtures which shall not include spot and flood lights. 5. Total signage on the property shall be limited to one building mounted sign on the fa<;ade facing Gilmer Avenue NW with a maximum sign area of 10 square feet. Such limitation shall not apply to exempted signs as set forth in Section 36.2-661 (c) of the Zoning Ordinance. 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 RM-1, Residential Mixed Density residential. residential. Compliance with the Zoninq Ordinance: The MX district is intended to accommodate office and residential uses at a scale that respects residential patterns of development. Although the property is surrounded by residential uses, the conditions proffered ensure that the residential character of the property will be maintained. The conditions go above and beyond the requirements of the Zoning Ordinance with the following restrictions applying to the property if rezoned: · Uses will be limited to a mixed use building consisting of a professional office, museum, and dwelling unit. The ability to convert the building back to a single-family or two-family dwelling unit is provided which is consistent with surrounding land uses and the future land use map. · The proffered development plan will restrict development to the existing conditions found on the site. · Only building mounted lighting will be permitted at a maximum height of 16 feet. No flood or spot lights will be allowed. · Only one building mounted sign will be permitted with a maximum sign area of 10 square feet. This will not restrict the placement of exempt signs as identified by Section 36.2-661 (c) of the Zoning Ordinance. Exempt sings include directional signs with a maximum area of 4 square feet, Members of City Council Page 5 July 21,2008 address signs with a maximum area of 2 square feet, and so forth. If signage was not limited, a 6 foot high, 27.5 square foot freestanding sign would be permitted along with a 32 square foot building mounted sign. . Only two parking spaces would be provided to the rear of the property, which is consistent with parking requirements for residential uses. All other required parking spaces would be accommodated on street. . The ND District only regulates the construction of, an addition to, or the modification of a dwelling. The conversion of the structure to a non- residential use would remove the applicability of the ND District. However, the applicant has proffered that all exterior modifications will have to be in compliance with the Neighborhood Design Overlay District regardless of use. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The Comprehensive Plan and the Gainsboro Neighborhood Plan emphasize the importance of preserving the City's historic structures and area history. The Oliver White Hill house is a contributing structure within the Gainsboro Historic District which is listed on the National Register of Historic Places and the Virginia Landmarks Register. It is currently being renovated to the Secretary of the Interior's Guidelines for Rehabilitation. The museum will also serve to promote local awareness of Mr. Hill's accomplishments and other local leaders in the Gainsboro community. Furthermore, the legal aid center will carry on the legacy of Mr. Hill, providing pro bono legal services to the community with a focus on civil rights. Despite the fact that this property has been identified for single- and two-family residential on the future land use map, its use as a museum and legal aid office is appropriate due to its unique association with Mr. Hill. In an MX district, the property could be converted back to a single- or two-family residence without further rezoning action. Most surrounding properties are used for single-family purposes; however, the policies set forth in the Gainsboro Neighborhood Plan specifically identify corner lots as appropriate locations for scattered two-family dwellings. The following policies of Vision 2001-2020 are relevant in the consideration of this application: · EC P6. Cultural and historic resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. · PE P9. Health and human service agencies. Roanoke will support a range of health and human services to meet the needs of Roanoke's citizens. The following policies of the Gainsboro Neighborhood Plan are relevant in the consideration of this application: . Community Design Policies: Members of City Council Page 6 July 21,2008 o Roanoke will encourage Gainsboro to be a mixed use urban neighborhood with opportunities for housing, employment (with opportunity for advancement), and services for all ages, races, and incomes. Compatibility between diverse uses will be encouraged through high quality design of buildings and sites. o Areas farther away from the village center will be medium density residential, primarily single family residences. A limited number of duplexes may be scattered throughout these areas, with corner lots being the most appropriate locations. o Parking will be de-emphasized as a land use by encouraging the use of on-street parking, structured parking, and shared parking arrangements. Where parking is provided on development sites, it should be located to the rear or to the side of buildings. . Quality of Life Policies o Encourage collaboration with organizations that promote positive community esteem and stimulate an interest in cooperation, area history, acceptance, and involvement with life-long learning. o Support efforts to empower the community by building locally- controlled organizations that will improve services offered to Gainsboro residents and expand business, housing, workforce development, and social service opportunities. o Develop themes that emphasize the historic character of the neighborhood as well as its role as a center for African American heritage. Conformity with Vision 2001-2020's Design Principles: Design Principles: Application's Conformity: Recognized historic buildings should The existing structure will be retained. be preserved. All exterior modifications will have to be in compliance with the Neighborhood Design Overlay District. Rear-access parking should be Two parking spaces are provided to the encouraged. rear of the structure with access from a secondary street. Lighting should be decorative and Lighting will be limited to building pedestrian-scaled. mounted fixtures and will not include spot or flood lights. Signs should be limited in number and There will only be one building scaled in size to minimize visual clutter. mounted sign limited to 10 square feet. Outside Aqencv Comments: None. Members of City Council Page 7 July 21, 2008 Public Comments: Staff received one phone call from an adjoining property owner in support of the application; received a letter of support from the Gainsboro Southwest Community neighborhood organization; and a phone call from Evelyn Bethel, Historic Gainsboro Preservation District, Inc., stating she had no negative comments. Margaret Roberts (411 Gilmer Avenue, N.W.) appeared before the Commission during its public hearing in support of the requested rezoning. 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: 105/16/2008 Submittal Number: I Amended Application No.1 ROANOKE o Rezoning, Not Otherwise Listed ~ Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District ~~.""".-="~"'"'.">'\''''''''''''''''''''''~_.=~'=1:R'v''';.>r~:W=,ij~>>""":,,,~""",>;yw=". lllio""'iilIt1'6(gri6'allgQ.~:.=~11' " ..,...Iw......w...w._..w...._.,w..' ....",...."M!I'b Address: /401 Gilmer Avenue NW, Roanoke, VA Official Tax No(s).: 12011424 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: RM-1, Residential Mixed Density (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): IN/A Requested Zoning: I MX, Mixed Use I Proposed Land Use: I Professional Office/Residential o With Conditions o Without Conditions Name: Oliver White Hill Foundation / Clarence M. Dunnaville, Jr. Phone Number: 8046489200 I I E-Mail: I I Phone Number: I E-Mail: I I I Name: Address: Applicant's Signature: Name: IAlison S. Blanton / Hill Studio PC Address: '120 W~st Campbell Avenue ;U.~IJ} i 1J~ Authorized Agent's Signature: I Phone Number: I 342-5263 , E-Mail: lablanton@hillstUdio.com , I oaver White J{i{{ J{ouse 401 {1i{mer Jtvenue :NYv 'Roanoke, Y Jt Conditional Rezoning Application May 1, 2008 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 2 Oliver White Hill House 401 Gilmer Avenue NW Conditional Rezoning Application May 1, 2008 (2)a Justification of the Zoning Change The Oliver White Hill Home at 401 Gilmer Avenue NW is currently zoned RM-l "residential mixed-density." The ca. 1890 house, which is a contributing resource in the National Register listed Gainsboro Historic District, was the childhood home of nationally-recognized Civil Rights leader, Oliver White Hill, who represented the state of Virginia in the landmark case Brown v Board of Education. The Oliver White Hill Foundation, based in Richmond, Virginia, purchased the property in February 2007 to establish a museum and legal aid center for Civil Rights to promote local awareness of Mr. Hill's accomplishments and to carry on his legacy. The Washington & Lee University Law School is a partner in this endeavor and will operate the legal aid center. The renovation and adaptive re-use of the Oliver White Hill Childhood Home as a Civil Rights Center will support the revitalization of the historic Gainsboro neighborhood and will promote an awareness and appreciation for the accomplishments of Mr. Hill as well as other influential African American leaders of the neighborhood and Roanoke. The existing residential zoning of the property does not permit using the property for office purposes; consequently, a rezoning is requested to to MX, Mixed Use District. (2)b Intended Use of the Property The building at 401 Gilmer Avenue NW will be used as a center for Washington & Lee University law students to provide pro bono legal services to citizens of the Roanoke Valley. These services will be provided on the ground floor level. Clients will be referred to the Center and will be seen by appointment. Services will be provided Monday through Friday between the hours of9:00 am and 6:00 pm or under special circumstances by special appointment at other times. It is not expected that there will be large group meetings at the Center. The second floor will remain a separate residential unit. It may be occupied by either a law student from Washington & Lee University Law School or a local lawyer who may be supervising the program at the Civil Rights Center on the first floor. The existing floor plan will remain intact with the exception of the subdivision ofthe kitchen on the first floor(which is not historic) in order to create a small office. Partition walls on the first floor, that had been installed to convert the original public spaces of the living room and parlor into bedrooms, will be removed and these spaces restored to their original configuration. Entrance to the Center will be gained through the existing front door. A second entrance on the Fourth Street side ofthe building will provide accessible ADA entrance to the Center. A separate entrance to the upstairs residence is currently located on the Fourth 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 3 Street side as well and will be retained for that purpose. Parking will include 2 on-site parking spaces, including one ADA space, and five street spaces along Fourth Street adjacent to the property. The property is also located on an existing city bus route. The on-site spaces will be located behind the structure and accessed by an existing curb cut off of Fourth Street. Lighting for the property will be residential in character with wall- mounted lights in a design appropriate to the historic and residential character of the house will be located at each of the three entrances. A light will also be mounted on the building at the northeast comer to light the parking area. Signage will respect the surrounding residential district in its location, size and design. There will be no free- standing sign in the yard. The yard will be landscaped in a manner consistent with the historic residential character of the surrounding neighborhood. Traffic impact on the neighborhood will be minimal as clients will be seen by referral and by appointment only. The proposed new use for the building will not change the character of the building or the surrounding historic Gainsboro neighborhood. All work associated with the renovation will be consistent with The Secretary of the Interior's Guidelines for Rehabilitation. In the unlikely event that the property is transferred to new ownership, all changes to the building can be reversed and the property converted back to residential use. (2)c Effect of Rezoning on the Surrounding Neighborhood " n The renovation and adaptive re-use ofthe house at 401 Gilmer Avenue NW will have a positive impact on the surrounding neighborhood of Gainsboro. While the rezoning will allow for a new, non-residential use, the property will remain residential in character. The exterior of the house will be restored. The lighting, signage and parking will all be consistent with the requirements for a residential property. Clients will be served by appointment only and there will be no public or group meetings on the site, making the impact on traffic and parking minimal. The rezoning for adaptive re-use of the building will serve to enhance the historic Gainsboro neighborhood as it restores an historic building that had declined in its architectural integrity and physical condition. The Civil Rights Center will also serve to promote local awareness of and pride in the work of Oliver White Hill and other local leaders in the African American community of Gainsboro. (2)d Availability of Other Similarly Zoned Properties While other mixed-use properties may be available elsewhere in Roanoke, the purpose of this rezoning request is to restore the historic home and re-use the house at 401 Gilmer Avenue NW in an appropriate and complimentary manner that celebrates and preserves the childhood home of the civil rights pioneer, Oliver White Hill. 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 4 (2)e Relationship to the City's Comprehensive Plan and the Gainsboro Neighborhood Plan The proposed new use and necessary rezoning of the property at 401 Gilmer Avenue NW meets the following policies outlined in Vision 2001-2020: The City of Roanoke's Comprehensive Plan: 3.2 ENVIRONMENTAL, CULTURAL, AND HISTORIC RESOURCES EC P6. Cultural and historic resources. Roanoke will support, develop, and promote its cultural resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. 3.1 HOUSING AND NEIGHBORHOODS NH Pl. Sustainable population. Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience, and affordability to retain existing residents and attract new ones. NH P3. Neighborhood plans. The City will adopt neighborhood plans for all neighborhoods, Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic ~alue, among other issues. Neighborhood plans should include indicators for measuring neighborhood health and sustainability. Implementation of neighborhood plans will be considered in operating and capital budgets. NH ,P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Concentration of federally subsidized, assisted or affordable housing will be discouraged. The City will recommend ways to overcome impediments to fair housing by identifying barriers to housing choice, encouraging fair housing education to the community, challenging housing discrimination, and requiring affirmative marketing of developments using City funds. (3) Proffers See Attachment A (4) Development Plan See Attachment B (5) Previously Adopted Ordinance Not applicable (6) Location Map See Attachment C 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 5 (7) Adjoining Property Owners 329 Gilmer Avenue NW 2011518 405 Gilmer Avenue NW 2011423 404 Gilmver Avenue NW 2012413 414 Fourth Street NW 2011414 406 Gilmer Avenue NW 2012412 330 Gilmer Avenue NW 2012501 4th Street NW 2011529 Brent & Carla Jackson 329 Gilmmer Avenue NW Roanoke, VA 24016 Homer & Anthony Jr. Johnson 405 Gilmer Avenue NW Roanoke, VA 24016 Helen D. Barlow PO Box 2542 Burlington, NC 27216 Margaret Juanita Patterson 414 Fourth Street NW Roanoke, VA 24016 Evelyn D. Bethel 35 Patton Avenue NE Roanoke, VA 24016 Naymon Mack 1320 Melrose Avenue NW Roanoke, VA 24017 Wayne A. & Lois A. Ayers 6893 Campbell Drive Salem, VA 24153 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 6 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 7 Side and Rear Elevations 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 8 Attachment A: (3) Proffered Conditions The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 2011424: 1. Only the following uses shall be permitted: a. Dwelling, Single-Family Detached b. Dwelling, Two-Family c. Mixed Use Building limited to Office, General or Professional, and Museum on the first floor and dwelling units above on the second floor. 2. The property will be developed in substantial conformity with the Development Plan prepared by Hill Studio datedMay 16, 2008, a copy of which is attached to this application, subject to any changes required by the City during the development review process. 3. Any modifications or additions to the structure shall comply with Section 36.2- 332, Neighborhood Design Overlay District. 4. Outdoor lighting shall be limited to building mounted fixtures which shall not include spot and flood lights. 5. Total signage on the property shall be limited to one building mounted sign on the fayade facing Gilmer A venue NW with a maximum sign area of 10 square feet. Such limitation shall not apply to exempted signs as set forth in Section 36.2- 661 (c) of the Zoning Ordinance. 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 9 Attachment B: (4) Development Plan 6CIS11N6 l..Ol't r-reTMIl/6 tWl. EXl5T1N6 REAR AU.fY -- - --' - lDDJ ~ I STI<<JNlD .Jo. t-- -EXlST1N6 10' a.IlB c.ur PNlICINS '!P/ia ~ EXlST1N6 ~ r-5' \r:: ~ .~. I ~ PM1i:1N6 '!P/ia ~ 21 SLOPE KfIX Nf( DlRfGTICJlI ~ EXlST1N6 ~ ~ " , .,....... , '- EXlSTI (eI ~ 21 SLOPE I'WO ~4 ~ 6RA't1 floP " .~ ~.- 20'-2" T II'" 13'-5 1\ ~ RGUJE ~\ I ..4 1 , i \NEA I : 1<-5'-2", II ! f- \r:l z T nr EXlSTlNS ~ LU -l tW.II: f- a I -l I ~'-IO" l a n') J :;:: z ~~ '-----'0'-2"-----; ~ 0- LU LU .L- a-: 0- U\ "'-6'----, :I: f- OLM:R ttITE tILL v HCH: G:xI5T1N6) Iq'-q' , PHYSICAL ADDRESS 401 01LMER AVE NY\ TAX PARCEL -, 2011424 43'-6' CURRENT BASE ZONIN0. RM-I REQUESTED BASE ZONIN0, MX LOT SIZE 1/50 sa FT ~ REa'D BUFFER YARD, -- MAX IMPERVIOUS SURFACE i ~\ RA no, 6096 IMPERVIOUS SURFACE RATIO, 4q96 REa'D PARKIN0, 1 (1.046 SF OFFICE I SPACE = 5 SPACES; \NEA I C~LLlN0 UNIT = 2 SPACES T~rI~ 1 (2 OFF-STREET , I 5 ON-STREET) - EXISTINiS ~ I'ROPERTY I LItE 55' LOT l"iIDT o ) 10' ~ :l- 10' 5' 20' 1" = 10' ~ ~ 01LMER A VEtoUE ~ ijHILL -.' ~XYP 1;0 .'_'.0..... OLIVER .-+fITE HILI.. HOUSE 401 61LMER AVENJE ROANOKE, V1R6INIA SITE PLAN 1'=10' I Hxl& I 0153 IE /' ~ .' .' 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 10 Attachment C (6) Location Map 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 CECELlA R. TYREE Assistant Deputy City Clerk July 1, 2008 Mr. and Mrs. Brent Jackson Mr. and Mrs. Homer Johnson Ms. Helen D. Barlow Ms. Margaret J. Patterson Ms. Evelyn D. Bethel Mr. Naymon Mack Mr. and Mrs. Wayne Ayers Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, on the request of Oliver White Hill Foundation to rezone property located at 401 Gilmer Avenue, N. W., from RM-1, Residential Mixed Use District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner. 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, ~M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Adjoining Property Owners July 1, 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 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 July 1, 2008 CECELIA R. TYREE Assistant Deputy City Clerk Ms. Alison S. Blanton Hill Studio PC 120 West Campbell Avenue Roanoke, Virginia 24011 Dear Ms. Blanton: Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the Oliver White Hill Foundation to rezone property located at 401 Gilmer Avenue, N. W., from RM-1, Residential Mixed Use District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your designee, to be present at the July 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, , ; "'^ . IY J. hIt~ Stephanie M. Moon, CMC or C City Clerk SM M: ew Enclosure ~J"~ v lA'Y '- NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, July 21,2008, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Oliver White Hill Foundation, Clarence M. Dunnaville, Jr., Vice President and Treasurer, represented by Alison Blanton, Hill Studio, PC, to rezone 401 Gilmer Avenue, N.W., Official Tax No. 2011424, fromRM-l, Residential Mixed Density District, to MX, Mixed Use District, subject to the conditions that the uses permitted shall be either single-family, two-family, or mixed use building limited to office, museum and dwelling units; that the property will be developed in substantial conformity to a proffered development plan; that any modifications will comply with the Neighborhood Design Overlay District regulations; that outdoor lighting will be limited to building mounted fixtures and will not include spot and flood lights; and that signage, not exempted from regulation under the Zoning Ordinance, will be limited to one building mounted sign on the Gilmer Avenue facade, for the purpose of allowing a mixed use building containing a small professional office, a museum, and a second-floor residence. A copy ofthe application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GNEN under my hand this .2..1..tnlay of June ,2008. Stephanie M. Moon, CMC City Clerk. AIIl r-:1___ A..__.._ _______ ...J__ NOTICE OF PUBLIC HEARING . '. The Council of the City of I Roanoke will hold a public hearing on Monday, July 21, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - 2008, at 7:00 p.m.; or as - - - - soon thereafter as the mailer may be heard in the Council Chamber, iourth floor, in the Noel C. Taylor Municipal 8uilding, 215 Church ,Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Oliver White Hill Foundation, Clarence M. I Dunnavllle, Jr., Vice President and Treasurer represented by Alison 8lanton, Hili Studio, PC, to , rezone 401 Gilmer Avenue , N.W., Official Tax No: 2011424, from RM-1 R~sidential Mi~ed Density DIstrict, to MX, Mixed Use District, subject to the conditions that the uses permitted shall be either single-family, two-family, or mixe~ use building limited to office, museum and dwelling units: that the property will 'be developed in substantial conformity to a proffered development plan: that any modifications will comply with the Neighborhood 'Design Overlay District regulations; that outdoor lighting will be limited to building mounted fixtures and will not Include spot and flood lights: and that signage, not exempted from regulation under the Zoning Ordinance, will be limited to one building mounted sign on the Gilmer Avenue facade, for the purpose of allowing a mixed use ,building containing a small professional office a museum, and a second-f1~or residence. ' , A .copy of the application is " avaIlable for review in the ,Office of the City Clerk; ,Room 456, Noel C. Taylor I M,uniclpal 8uilding, 215 Church Avenue, S.W., Roanoke, Virginia. . o All parties in interest and " citizens may appear on the o above date and be heard on Ithe matter. If you are a person with a disability who ,reeds 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 27th day of June, 2008.. . Stephanie M. Moon, CMC City Clerk. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Times Roanoke HILL STUDIO PC 120 CAMPBELL AVE ROANOKE VA 24011 REFERENCE: 80161591 10970457 re Gilmer Avenue 401 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 Vir~!,~ia. Sworn and subscribed before me __l~~day of July 2008. Witness my hand official seal. of this and Notary Public =~t-.2{.tl1- . PUBLISHED ON: 07/04 \\\11111/11/ \\ "~'I ,"'~.~.~~~~~/4?"'" ~ ~ ,"NOlf>,R'f "'~ ':;. :: ~ : n\J'i3L1C " ~ ~ - L'" ,r 9"A ''7' ... - r- ' #332 0"'. ... - , E.G "_ = ~: R 'Ot-JIt-JIISSIO~: ~ = -; '. w.'(~c pI S ::;;::: -:. ~ " '.. ?i;:: -:. 0_"''- ' .,' {$.... ,,''?'~ " '... ..' ~ ~ " '" VN'AIEAl....~ \) ", , /, rv _ \ \ \ \ '/"'IIIP\\ 07/11 TOTAL COST: FILED ON: 504.00 07/11/08 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (10970457) I.. _ _ ~ --.---1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Billing Services Representative Authorize Signature: ------------~~----, {~bi NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, July 21,2008, at 7:00 p.m.; or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. TaylorMunicipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Oliver White Hill Foundation, Clarence M. Dunnaville, Jr., Vice President and Treasurer, represented by Alison Blanton, Hill Studio, PC, to rezone 401 Gilmer Avenue, N.W., Official Tax No. 2011424, fromRM-l, Residential Mixed Density District, to MX, Mixed Use District, subject to the conditions that the uses permitted shall be either single-family, two-family, or mixed use building limited to office, museum and dwelling units; that the property will be developed in substantial conformity to a proffered development plan; that any modifications will comply with the Neighborhood Design Overlay District regulations; that outdoor lighting will be limited to building mounted fixtures and will not include spot and flood lights; and that signage, not exempted from regulation under the Zoning Ordinance, will be limited to one building mounted sign on the Gilmer Avenue facade, for the purpose of allowing a mixed use building containing a small professional office, a museum, and a second-floor residence. A copy of the application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GWEN under my hand this ...2..1.:tWay of June ,2008. Stephanie M. Moon, CMC City Clerk. 401 Gilmer Avenue-rezone.doc Notice to Publisher: Publish in the Roanoke Times on Friday, July 4, 2008 and Friday, July 11, 2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 N - Oliver 40] Gilmer Avenue rezone 072]08.doc Send bill to: Hill Studio PC 120 West Campbell Avenue Roanoke, Virginia 24016 540-342-5263 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: Oliver White Hill Foundation to rezone 401 Gilmer Avenue, NW )AFFIDAVIT from RM-l to MX, tax no. 2011424, with conditions ) 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 ofthe City of Roanoke, she has sent by first-class mail on the 2nd day of June, 2008, notices of a public hearing to be held on the 19th day of June, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 2011518 Brent and Carla Jackson 329 Gilmer Avenue, NW Roanoke, VAL 24016 2011423 Homer and Sylvia Johnson 405 Gilmer Avenue, NW Roanoke, VA 24016 2012413 Helen D. Barlow POBox 2542 Burlington, NC 27216 2011414 Margaret J. Patterson 414 4th Street, NW Roanoke, VA 24016 2012412 Evelyn D. Bethel 35 Patton Avenue, NW Roanoke, VA 24016 2012501 Naymon Mack 1320 Melrose Avenue Roanoke, VA 24017 2011529 Wayne and Lois Ayers 6893 Campbell Drive Salem, VA 24153 Y/J~LJ~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2nd day of June, 2008. '1D I ,..... 11 . , ,6. Planning Building and Development Memorandum TO: William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Marth~frt Secretary, City Planning Commission FROM: DATE: May 21,2008 SUBJECT: Amended Application No. 1- Oliver White Hill Foundationl Clarence M. Dunnaville, Jr. Attached please find Amended Application NO.1 filed on May 21,2008. The amended application reflects clarification of the proffers set forth in the first application. Please contact Maribeth at 1502 if questions. Thank you. If ~ attach me cc: ephanie Moon, City Clerk (w/a) Susan Johnson, City Attorney's office Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: 105/16/2008 Submittal Number: I Amended Application No.1 "irrlir;:."'Q' :',,,;.;>~'~ ;~:';;:::.~'!f~W";;;.@'.. 1]"iTcliS~';W~[~\t<iRij~iii~;'~1 o Rezoning, Not Otherwise Listed ~ Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District e~t1p!l?{%'ij""'r7-lli'm!;!rT., b,,;::..;..JlP-!'-k,;Xi !lJ!fnUJ ", onj~" Address: 1401 Gilmer Avenue NW, Roanoke, VA Official Tax No(s).: 12011424 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: RM-1, Residential Mixed Density (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): , N/A Requested Zoning: I MX, Mixed Use , Proposed Land Use: I Professional Office/Residential o With Conditions o Without Conditions Name: Oliver White Hill Foundation / Clarence M. Dunnaville, Jr. Phone Number: 8046489200 I , E-Mail: I Name: , Phone Number: I E-Mail: I , I Address: Applicant's Signature: Name: IAlison S. Blanton / Hill Studio PC Address: '120 W:st Campbell Avenue M~(I} j 1J~ Authorized Agent's Signature: I Phone Number: I 342-5263 I E-Mail: .ablanton@hillstUdio.com I I oaver White :J-{i{{ :J-{ous e 401 {ii{mer 51venue ~ 'Roanoke, )151 Conditional Rezoning Application May 1, 2008 40 I Gilmer A venue NW Rezoning Application May I, 2008 Page 2 Oliver White Hill House 401 Gilmer Avenue NW Conditional Rezoning Application May 1, 2008 (2)a Justification of the Zoning Change The Oliver White Hill Home at 401 Gilmer Avenue NW is currently zoned RM-l "residential mixed-density." The ca, 1890 house, which is a contributing resource in the National Register listed Gainsboro Historic District, was the childhood home of nationally-recognized Civil Rights leader, Oliver White Hill, who represented the state of Virginia in the landmark case Brown v Board of Education. The Oliver White Hill Foundation, based in Richmond, Virginia, purchased the property in February 2007 to establish a museum and legal aid center for Civil Rights to promote local awareness of Mr. Hill's accomplishments and to carryon his legacy. The Washington & Lee University Law School is a partner in this endeavor and will operate the legal aid center. The renovation and adaptive re-use of the Oliver White Hill Childhood Home as a Civil Rights Center will support the revitalization of the historic Gainsboro neighborhood and will promote an awareness and appreciation for the accomplishments of Mr. Hill as well as other influential African American leaders of the neighborhood and Roanoke. The existing residential zoning of the property does not permit using the property for office purposes; consequently, a rezoning is requested to to MX, Mixed Use District. (2)b Intended Use of the Property The building at 401 Gilmer Avenue NW will be used as a center for Washington & Lee University law students to provide pro bono legal services to citizens of the Roanoke Valley. These services will be provided on the ground floor level. Clients will be referred to the Center and will be seen by appointment. Services will be provided Monday through Friday between the hours of9:00 am and 6:00 pm or under special circumstances by special appointment at other times. It is not expected that there will be large group meetings at the Center, The second floor will remain a separate residential unit. It may be occupied by either a law student from Washington & Lee University Law School or a local lawyer who may be supervising the program at the Civil Rights Center on the first floor. The existing floor plan will remain intact with the exception of the subdivision of the kitchen on the first floor(which is not historic) in order to create a small office. Partition walls on the first floor, that had been installed to convert the original public spaces of the living room and parlor into bedrooms, will be removed and these spaces restored to their original configuration, Entrance to the Center will be gained through the existing front door, A second entrance on the Fourth Street side of the building will provide accessible ADA entrance to the Center, A separate entrance to the upstairs residence is currently located on the Fourth 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 3 Street side as well and will be retained for that purpose. Parking will include 2 on-site parking spaces, including one ADA space, and five street spaces along Fourth Street adjacent to the property. The property is also located on an existing city bus route. The on-site spaces will be located behind the structure and accessed by an existing curb cut off of Fourth Street. Lighting for the property will be residential in character with wall- mounted lights in a design appropriate to the historic and residential character of the house will be located at each of the three entrances. A light will also be mounted on the building at the northeast comer to light the parking area. Signage will respect the surrounding residential district in its location, size and design, There will be no free- standing sign in the yard. The yard will be landscaped in a manner consistent with the historic residential character of the surrounding neighborhood. Traffic impact on the neighborhood will be minimal as clients will be seen by referral and by appointment only. The proposed new use for the building will not change the character of the building or the surrounding historic Gainsboro neighborhood. All work associated with the renovation will be consistent with The Secretary of the Interior's Guidelines for Rehabilitation. In the unlikely event that the property is transferred to new ownership, all changes to the building can be reversed and the property converted back.to residential use. (2)c Effect of Rezoning on the Surrounding Neighborhood The renovation and adaptive re-use of the house 'at 401 Gilmer Avenue NW will have a positive impact on the surrounding neighborhood of Gainsboro. While the rezoning will allow for a new, non-residential use, the property will remain residential in character, The exterior of the house will be restored. The lighting, signage and parking will all be consistent with the requirements for a residential property, Clients will be served by appointment only and there will be no public or group meetings on the site, making the impact on traffic and parking minimal. The rezoning for adaptive re-use of the building will serve to enhance the historic Gainsboro neighborhood as it restores an historic building that had declined in its architectural integrity and physical condition, The Civil Rights Center will also serve to promote local awareness of and pride in the work of Oliver White Hill and other local leaders in the African American community of Gainsboro, (2)d Availability of Other Similarly Zoned Properties While other mixed-use properties may be available elsewhere in Roanoke, the purpose of this rezoning request is to restore the historic home and re-use the house at 401 Gilmer A venue NW in an appropriate and complimentary manner that celebrates and preserves the childhood home of the civil rights pioneer, Oliver White Hill. 40 I Gilmer Avenue NW Rezoning Application May I, 2008 Page 4 (2)e Relationship to the City's Comprehensive Plan and the Gainsboro Neighborhood Plan The proposed new use and necessary rezoning of the property at 401 Gilmer A venue NW meets the following policies outlined in Vision 2001-2020: The City of Roanoke's Comprehensive Plan: 3.2 ENVIRONMENTAL, CULTURAL, AND HISTORIC RESOURCES EC P6. Cultural and historic resources. Roanoke will support, develop, and promote its cultur~l resources, Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites, 3.1 HOUSING AND NEIGHBORHOODS NH Pl. Sustainable population, Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience, and affordability to retain existing residents and attract new ones. NH P3. Neighborhood plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. Neighborhood plans should include indicators for measuring neighborhood health and sustainability, Implementation of neighborhood plans will be considered in operating and capital budgets. NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Concentration of federally subsidized, assisted or affordable housing will be discouraged. The City will recommend ways to overcome impediments to fair housing by identifying barriers to housing choice, encouraging fair housing education to the community, challenging housing discrimination, and requiring affirmative marketing of developments using City funds. (3) Proffers See Attachment A (4) Development Plan See Attachment B (5) Previously Adopted Ordinance Not applicable (6) Location Map See Attachment C 40 I Gilmer Avenue NW Rezoning Application May I, 2008 Page 5 (7) Adjoining Property Owners 329 Gilmer Avenue NW 2011518 405 Gilmer Avenue NW 2011423 404 Gilmver A venue NW 2012413 414 Fourth Street NW 2011414 406 Gilmer A venue NW 2012412 330 Gilmer Avenue NW 2012501 4th Street NW 2011529 Brent & Carla Jackson 329 Gilmmer Avenue NW Roanoke, VA 240 16 Homer & Anthony Jr. Johnson 405 Gilmer Avenue NW Roanoke, VA 24016 Helen D. Barlow PO Box 2542 Burlington, NC 27216 Margaret Juanita Patterson 414 Fourth Street NW Roanoke, VA 24016 Evelyn D. Bethel 35 Patton Avenue NE Roanoke, VA 24016 Naymon Mack 1320 Melrose Avenue NW Roanoke, VA 24017 Wayne A, & Lois A. Ayers 6893 Campbell Drive Salem, VA 24153 40 I Gilmer A venue NW Rezoning Application May I, 2008 Page 6 40 I Gilmer A venue NW Rezoning Application May I, 2008 Page 7 Side and Rear Elevations 401 Gilmer Avenue NW Rezoning Application May 1, 2008 Page 8 Attachment A: (3) Proffered Conditions The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 2011424: 1. Only the following uses shall be permitted: a. Dwelling, Single-Family Detached b. Dwelling, Two-Family c. Mixed Use Building limited to Office, General or Professional, and Museum on the first floor and dwelling units above the second floor. 2. The property will be developed in substantial conformity with the Development Plan prepared by Hill Studio datedMay 16, 2008, a copy of which is attached to this application, subject to any changes required by the City during the development review process. 3. Any modifications or additions to the structure shall comply with Section 36.2- 332, Neighborhood Design Overlay District. 4, Outdoor lighting shall be limited to building mounted fixtures which shall not include spot and flood lights. 5. Total signage on the property shall be limited to one building mounted sign on the fa~ade facing Gilmer A venue NW with a maximum sign area of 10 square feet. Such limitation shall not apply to exempted signs as set forth in Section 36,2- 661 (c) of the Zoning Ordinance. 40 I Gilmer Avenue NW Rezoning Application May I, 2008 Page 9 Attachment B: (4) Development Plan EXI511N& J.OH RETAlNN61'W.L 5' ~ I STNr:JMD PM1C1N5 '!.PK.l: ~TIN&) EXl5T1N6 REM AU.EY EXl5T1N6 10' Gl.RB GUT' EXl5T1N6 '\ DRM: ~~ \P~ -.:,- 20'-2" T 13'-5 HIG RaIlE ~\ i i \~ I '-2" II 1 f- ~ Z UJ T EXI5T1N6 GOtr;RE1E -' I'W.K f- a ~ '-10" a '" :;:: z ~ UJ UJ Q( f- U'l 8' :I: f- OLM:R ttlITE HILL ... IQE 1EXI511N6) Iq'-q' ~ J HIG PNlICIN6 '!.PK.l: 8' -0' /EXI5T1Ns, 21 5LOFE I'W( Ntf~ 43'-0" i I I GILMER AVENJE SI11: PLAN ~ n~~I~ ~\ \~ PHYSICAL ADDRESS, TAX PARCEL ", CURRENT BASE ZONING, REQUESTED BASE ZONING LOT SIZE, REQ'D BUFFER r ARD, MAX IMPERVIOUS SURFACE RATIO, IMPERVIC% SURFACE RATIO, REaD PARKING, EXI5TINS f'RQlERTY LIIE T~] I~ 55' LOT 111DT 1" 10' 5' 10' o 10' OLIVER N4111: HILl. HOUSE 401 61LMER AVENJE ROANOKE, VIR6INIA 1'=10' I ~16-0& I 0156 401 GILMER AVE 1'0:11 2011424 RM-I MX 1150 sa FT 60% 4q% 1 (1,846 SF OFFICE SPACE: 5 SPACES: I CI1ELlIN0 UNJ T : 2 SPACES 1 (2 OFF-STREET . 5 ON-STREET) 20' ~ IE 40 I Gilmer A venue NW Rezoning Application May I, 2008 Page 10 Attachment C (6) Location Map v,/u,/~vvo L~:La PAA a4U4ij3~4~~ W&L UNIV SCHOOL OF LAW @002 . 'WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW ; ~ ., The <<!>liver White Hill Community law Center Based!in Roanoke, Virginia, the Oliver Hill Community Law Center partners the Oliver Hill F@unda:tion with,the W&L School of Law in honoring Mr. Hill's legacy by addre$ing met legal needs and community issues, .:Elder ,Law Project i Begimlring in August 2008, upper level W &L law students will work with attorneys and stafffiom Project2025, Blue Ridge Legal Services and the Roanoke Bar 'Association to addre~ elder law issues in the Roanoke area, BRLS will conduct intake of eligible adults, aged <30+, and they will be paired with student caseworkers who will address the client's legal needs. ParticiPating students will have introductory coursework on elder law issues and interv~ewitJ.g and counseling skills prior to meeting with clients. Mentoring attomeyswill revie~ all student work and work product, and will provide guidance and feedback. Clientlappointments will take place at The Oliver White Hill House on Fourth and Gilmer J Street~, The sthdents also will develop partnerships with local groups and will provide outreach to the ~ommunity to determine what issues affect the lives of elderly citizens in the cOlIlII1iUnity. Together with other stakeholders, the Elder Law Outreach Project will devise community lawyering strategies to address the problems. Future Projects v,:, With tihe addition of a fellow onsite dedicated to developing partnerships in the area, the Centeli can partner with organizations to develop other projects. Potential projects include: · Re~resentation in supplemental security income matters, · Pri~oner rights cases that require factual hearings in federal court. · Ju~enile outreach in local schools through practical law and mock trial programs. · Children rights and guardianships issues. · Ho~sing issues: foreclosure, mortgage rate inflations, and HUD housing, · Co~unity development issues: partner with local small businesses and nonprofit or~zations to provide business planning, corporate and tax advice, etc. \ \ ,\ \1 \ The Oliver White Hill Foundation Presents A Welcome from the President On behalf of the Oliver White Hill, Sr. Foundation, I extend greetings and welcome! This "Celebrating the Music of the '60's" Concert is held in honor of Mr. Oliver White Hill, the Commonwealth of Virginia's foremost Civil Rights Advocate and warnor. Last year you supported our lOOth Birthday Celebration and enabled the Foundation to support our summer law student intern and to purchase Mr. Hill's boyhood home in Roanoke, Virginia and begin its renovation. Again this year you have come to help honor the memory and legacy of a great man by supporting this 2008 Celebratory Concert. This concert will enable us to complete the renovations on the Oliver White Hill House. We are pleased to announce that the House renovations are scheduled to be complete in June of this year (2008)! Our plans for the House are not only ambitious, but also possible. We will establish a Civil Rights Center in Roanoke, operated by lawyers and law students, which will provide legal services to the elderly citizens of the Roanoke Valley. We have come a long way in assuring that Mr. Oliver White Hill's legacy of service and work toward abolishing injustice and discrimination will continue. The Foundation Board Members thank all you for your contributions toward these efforts. We especially thank the sponsors who provide the funds that are essential to create and build the foundation upon which to preserve Oliver Hill's legacy. Esther H. Vassar President The Oliver White Hill Foundation Page 1 Oliver White Hill Foundation The Oliver White Hill Foundation was formed in 2000. Our goal is to continue the civil rights work of Oliver W. Hill and help establish a new generation of lawyers trained in the field of civil rights and civil liberties. The overall goal of the foundation is to carry on the work of Mr. Hill. Although Mr. Hill and his associates made a tremendous contribution to the nation in bringing down the walls of legal segregation, their work is incomplete. We believe that in a diverse society, where in this country, the minorities will become the majority, all discrimination based on race, gender, national origin and sexual preference must be abolished. This is the unfinished work of Mr. Hill and his associates, which remains to be carried on. The Oliver White Hill Foundation, Inc., a 501 ( c ) (3) organization, was formed with the expectation that it would be a vehicle to continue some of the unfinished work of Mr. Hill and his associates. The Oliver White Hill Foundation Officers & Board Members: Officers and Directors: Honorable Esther H. Vassar President Jonathan Stubbs, Esq. Past President Clarence Dunnaville, Esq. Vice President, Treasurer & Co-Founder James Morris, Esq. Secretary Directors: Victor Branch Cabell Brand, Co-Founder L.D. Britt, MD Jessica Cooke, Esq. Paul DiPasquale Norine Dunnaville Brian Fischer Sandy Fitz-Hugh Eva S. Hardy Elaine R. Jones, Esq. Kenneth Jones Alice Roberts Ru by Ruffin Sharla Toller, Esq For more information contact: Website: oliverwhitehillfoundation.org Or phone 804-648-9200 The Oliver White Hill Foundation, Esther H. Vassar, President Page 2 Page 3 Mr. Oliver White Hill served as a hero, a role model, and mentor for generations of people fortunate enough to know him or to know of his extraordinary life. Oliver White Hill was born in Richmond, Virginia on May 1, 1907 and moved with his mother and stepfather to Roanoke at the age of six. He attended High School in the District of Columbia and graduated from the Howard University College of Liberal Arts. He then completed Howard's School of Law in 1934, with close friend and United States Supreme Court Justice Thurgood Marshall. Civil Rights Legend Oliver White Hill, Sr. (1907-2007) Mr. Hill became a member of the Virginia Bar Association in 1934, and except for service in World War II and the United States Government, practiced law in Virginia since 1938. During this time he established his first law firm, Hill, Martin and Robinson. After a sixty year career and service as an advisor to three United States Presidents (Truman, Kennedy, and Johnson), Mr. Hill retired from the Richmond law firm of Hill, Tucker and Marsh at the age of ninety-one. Mr. Hill was married to the late Beresenia Walker Hill: they have one son, Oliver W. Hill, Jr. Mr. Hill's public service was particularly focused in the area of Civil Rights litigation on behalf of African-Americans and other minorities. He was instrumental in the challenge against America's unequal educational system, using his legal expertise to change the course history. Joining forces with the NAACP's legal team, led by Charles Hamilton Houston, Hill fought to equalize the salaries of Black and white teachers and filed and won numerous other civil rights cases. The most widely known case, Davis vs School Board of Prince Edward County became part of Brown vs Board of Education, decided in 1954. Other landmark cases included those concerning the Desegregation of Public Transportation, Free Bus Transportation for Black Public School Children, Black Citizen's Right to Serve on Juries and Participate in Primary Elections, and Desegregation of Public and Recreational Facilities. Attorney Hill co-founded the Virginia State Conference of the NAACP in 1935, serving as Director for 20 years. In 1942 he co-founded the Old Dominion Bar Association, and six years later, Hill became the South's first African American elected official since Reconstruction, serving on Richmond's City Council. Page 4 The Cornell Gunter Coasters The Coasters were the supreme comedians of rock and roll. Their songs and their parodies and the tunes that became million-selling records are revived in this new generation of music. The Coasters' first record, "Down in Mexico" was recorded in the spring of 1956, and it propelled the Coasters into fame. Under the direction of Lester Sill, President of Screen Gems Corporation, Rock and Roll Hall of Fame producers Jerry Lieber and Mike Stoller moved the group to Atlantic Records and started a gold record career that lasted over a decade. The 1957 hit, "Down in Mexico", was followed by the double-sided million seller smash hit "Searching" on the A side and "Young Blood" on the B side. "Yakety Yak" and "Charlie Brown" followed these in 1958. (Information from the Cornell Gunter's bioI This year marks the 35th anniversary of the formation of Cornell Gunter's Coasters out of the ashes of the breakup of the original Coaster group several months earlier. Cornell Gunter believed that music of groups like the Coasters could be revived. By the early 1970's, all of the original Coasters had formed their own individual groups of Coasters and were touring extensively, both separately and on certain occasions, together. Gunter believed that all that was needed was to take the original music and present it in a way that gave the group a modern theatrical approach to their presentation. He also developed an approach to the 1950's music that lent itself to constant innovation (Information from Live Gold Operations, Inc.) Over the Years Cornell Gunter's Coasters has continually built a new market for their approach to the 1950's music. Tonight you will enjoy the music of the original Coasters with the Cornell Gunter's Coasters' unique style. Page 5 The Coasters Sone: List For the Evenine: Baby, That's Rock & Roll Twist/Let's Twist Again A Capella Charlie Brown Poison Ivy Youngblood Searching Zing Love Potion #9 A Capella Dock of the Bay Twisting the Night Away Y akety Yak Stand Up America Encore Shout The Cornell Gunter Coasters Page 6 The Platters The Platters were one of the top vocal groups of the fifties, delivering smooth, stylized renditions of pop standards. They achieved success in a crooning, middle- of-the-road style that put a soulful coat of uptown polish on pop-oriented, harmony rich material. Their lengthy string of hits began in 1955 with "Only You" and continued until the end of the decade, with hits like "The Great Pretender", "My Prayer", "Twilight Time", and "Smoke gets In Your Eyes". The group got its start in Los Angeles in 1952 and made its first recording a year later for the Federal label before moving to Mercury, where they remained until the mid-sixties. During the latter half of the Fifties, the Platters were a global sensation, touring the world as "international ambassadors of musical goodwill" and appearing in a number of rock and roll-themed movies, including Rock Around the Clock and The Girl Can't Help It. The secret of The Platters' success had to do with their choice of material: adult ballads and standards that predated the rock and roll era, which were delivered with crisp, impeccable harmonies framed by string-laden arrangements. Much of the credit is due to Buck Ram, the group's producer, manager and guiding light, who had worked with acts like the Ink Spots in the Forties. In 1990, The Platters were inducted into the Rock and Roll Hall of Fame, where they so rightly belong. (Information from the Rock and Roll Hall of Fame +Museum) Ladies and Gentlemen, sit back and prepare to enjoy the smooth, stylized renditions of The Platters! Page 7 \ \ The Platters Sone List Hello Young Lovers Only You Twilight Time Remember When Harbor Lights Smoke Gets in Your Eyes Will You Still Love Me Tomorrow? Higher & Higher Unchained Melody Shake, Rattle & Roll Magic Touch Red Sails In The Sunset My Prayer The Great Pretender \ I The Platters Page 8 Jerry "The Iceman" Butler Jerry "The Iceman" Butler is an award-winning performer, producer and composer, and one of the architects of Rhythm and Blues. He has enjoyed a 50-year career that began when he and Curtis Mayfield formed a rhythm and blues group, The Impressions, in Chicago in 1958. At the age of 18, Butler wrote a song titled For Your Precious Love, which launched the careers of Butler and the Impressions. For Your Precious Love became a "landmark recording" according to Rolling Stone Magazine, which further stated that the song was ".....the first of the Soul Music recordings" . Butler was named "The Iceman" in 1959 by Philadelphia radio personality Georgie Woods because of his "cool as ice" delivery and debonair, effortless style. Mr. Butler has had numerous million selling recordings (Gold) during his career: For Your I Precious Love, with the Impressions (Vee-Jay, 1958); He Will Break Your Heart (Vee- Jay, 1968); Brand New Me (Mercury, 1969); Only the Strong Survive (Mercury, 1969); Ain't Understanding Mellow (Mercury, 1973). In addition to his recording credits, Mr. Butler has appeared on a number of television shows, "The Tonight Show with Johnny Carson; "The Ed Sullivan Show"; "Soul Train"; "CBS Sunday Morning"; "The Today Show"; "Late Night With David Letterman"; and most recently he hosted both "Doo Wop 50" and "Doo-Wop 51" which aired on PBS stations coast -to-coast and had the singular distinction of raising more money for PBS programming than any other previously produced PBS program. Mr. Butler is the recipient of numerous industry and humanitarian awards; however, it is on the fifth floor of downtown Chicago's Cook County Building that "The Iceman" is most officious. From Monday through Friday, Jerry Butler performs in his official capacity as Commissioner of Cook County, which consists of 5.2 million people in Chicago and its suburbs. As a Commissioner, he and his fellow Commissioners are responsible for making laws, establishing rules, and setting policy compliant with state and federal law. It is the duty of the Commissioner's office to construct and approve the County's annual budget, which in excel of $2.7 billion. Mr. Butler says, "I was first elected to public office in 1985 and entered politics because of a strong interest in the Civil Rights Movement". Ladies and Gentlemen, The Oliver White Hill Foundation proudly presents for you evening enjoyment the one and only and "Original", Mr. Jerry Butler! Page 9 Jerry Butler's Sane: List Far the Evenine: One Night Affair Brand New Me Moon River He Don't Love You Like I love You Let It Be Me Make It Easy on Yourself I'm Just Thinking About Cooling Out Hey Western Union Man Never Gonna Give You Up What's The Use of Breaking Up For Your Precious Love Only the Strong Survive I Stand Accused Ain't Understanding Mellow Page 10 Page 11 The Oliver White Hill Foundation expresses its profound thanks to our sponsors for this evening's Program Platinum Sponsor: Philip Morris USA Gold Sponsors: Associated Distributors a Division of the Charmer Sunbelt Group Southern Wine & Spirits Silver Sponsors: Anheuser Busch Bank of America Dominion Morris & Morris Law Firm The Richmond Free Press Esther H. Vassar Bronze Sponsors: Mix Radio Station Virginia Commonwealth University Foundation Patron Sponsors: Allen, Allen, Allen, & Allen Diagio Future Brands Hunton & Williams Law Firm McGuire Woods Law Firm Owens & Minor The University of Richmond Virginia State NAACP 12 WWBT NBC Television Station Friend sponsors: Beer and Wine Wholesalers Association Bowers Family Enterprises Congressman Robert C. Scott Consolidated Bank Dean Schmoke of Howard University Law School DISCUS Kenneth Jones LeClair Ryan Law Firm Living the Dream/ Reverend Willie Woodson Marston & McNally Law Firm Delegate Jennifer McClellan Medicorp Roanoke Chapter Delta Sigma Theta Republic Beverage SunTrust Bank University of Richmond Virginia Lottery Worth Dunn Media Sponsors: Comcast Cox Radio EZ 100.5 Radio Love Radio Mix Radio station The Radio One Stations The Richmond Free 12 WWBT NBC Television Station Special Thank you to the following for their support: The Oliver White Hill Family The Board of Directors, The Oliver White Hill Foundation Boss-Chi Catering Ronald Carrington, Crewestone Technologies, Inc. . Steven Hammond, Vital Necessity Mr. Richard Lambert, Scott Funeral Home Joan Stromberg Peter Dunnaville Page 12 Accomplishments of the Oliver White Hill Foundation In October of 2000, a few of Oliver White Hill's admirers, led by Cabell Brand of Salem, Virginia and Clarence Dunnaville (formerly of Roanoke), founded the Oliver White Hill Foundation. The Foundation has been granted tax-exempt status by the Internal Revenue Service under Section 501 @ (3) of the Internal revenue Code. As a student at Howard University School of Law, Mr. Hill studied under his mentor, Charles Hamilton Houston. Houston was the architect of the strategy for breaking down the walls of segregation through the Courts, Both Mr. Hill and his classmate, Thurgood Marshall, were protegees of Charles Hamilton Houston. The overall goal of the Oliver White Hill Foundation is to carry on the work of Mr. Hill and his colleagues, Although Mr. Hill and his associates made a tremendous contribution to the nation in bringing down the walls of legal segregation, their work is not finished. The Oliver White Hill Foundation, Inc. was formed with the expectation that it would be a vehicle to continue the unfinished work of Mr. Hill and his associates in the field of Civil Rights. Included among the purposes of the Foundation as stated in the Articles of Incorporation, is to function as an educational and policy center for the promotion and study of human rights, To that end, the Foundation acquired Mr. Hill's boyhood home in Roanoke, Virginia and plans to develop it into a Center for fostering Human Rights. The Foundation perceives that there is a great need to develop young lawyers with expertise in Civil Rights. One of the Foundations principal goals is to identify interested law students and assist them in becoming advocates in the field of Civil Rights and Civil Liberties. During the summers of 2001, 2002,2003,2004,20062007, and 2008 The Oliver White Hill Foundation sponsored law students to serve as interns with the NAACP Legal Defense Fund and the Lawyers Committee for Civil Rights Under Law. The Foundation believes that this small step of sponsoring interns at Public Interest Law firms focusing on Civil Rights is an important milestone in its development as an organization grounded in the traditions of Oliver W, Hill. The Foundation commemorated Mr. Hill's 100th birthday year in 2007 by sponsoring a series of symposia and programs throughout the state and Washington, D.C. at various law schools; by announcing the purchase of Mr. Hills boyhood home in Roanoke; and by celebrating Mr. Hill's birthday on May 4, 20Q7 at a Birthday Dinner that was held at the Richmond Marriott Hotel. Sadly, on August 5, 2007, Mr. Oliver White Hill died peacefully at his home with his family. His body lay in state at the Governor's Mansion on August 11 for public viewing and tribute, and his funeral was held at the Richmond Center on August 12. More than 1200 people passed through the Mansion House on August 11 and another 1300 or more attended the August 12 ceremony at the Richmond Center. The Foundation has received support for its programs and activities from numerous individuals, groups, and businesses across the country. The work of the Foundation is not finished. The Oliver White Hill Foundation will continue to recognize the man and his works and will continue to work toward the realization of Mr. Hill's wish for a fair and just world for all. Page 13 The Oliver White Hill Childhood Home One of the major projects that the 100th Birthday Celebration and this Celebration concert support is the purchase and renovation of Mr. Hill's childhood home, located in Roanoke, Virginia. We are proud to announce tonight that we have purchased the house and it is now owned by the Foundation and that the complete renovations will be complete in June of this year, 2008! With the help of all of the supporters of this program, the Foundation will create a Civil Rights Center in Roanoke that will serve and educate the citizens of Virginia and others about the importance of protecting our most precious Civil and Human rights that this great country has guaranteed all of us. We the Oliver White Hill Foundation Board members, thank you for your support and presence. Page 14 Our sincere gratitude to each and every one of you 12 WWBT NBC Television Station All of you in attendance Allen, Allen, Allen, & Allen Anheuser Busch Associated Distributors a Division of the Charmer Sun belt Group Bank of America Beer and Wine Wholesalers Association Audrey Booth/Landmark Theater Boss-Chi Catering Bowers Family Enterprises Comcast Congressman Robert C. Scott Consolidated Bank Cox Radio Dean Schmoke of Howard University Law School Diagio DISCUS Dominion Virginia Power Esther H. Vassar EZ 100.5 Radio Future Brands Steven Hammond, Vital Necessity Hunton & Williams Law Firm Kenneth Jones LeClair Ryan Law Firm Living the Dream/ Rev.Willie Woodson Love Radio Marston & McNally Law Firm McGuire Woods Law Firm Medicorp Mix Radio Station Morris & Morris Law Firm Owens & Minor Peter Dunnaville Philip Morris USA Republic Beverage Roanoke Chapter Delta Sigma Theta Ron Carrington, Crewe stone Technologies, Inc. Scott Funeral Home Mr. Richard Lambert Southern Wine & Spirits Joan Stromberg SunTrust Bank The Oliver White Hill Family The Radio One Stations The Richmond Free Press The Richmond Landmark Theater The University of Richmond Virginia Commonwealth University Foundation The Virginia Lottery Virginia State Conference NAACP Worth Dunn Mr. Jerry Butler The Platters The Cornell Gunter Coasters Ms. Clovia Lawrence, Radio One Mr. Kenneth Crandell, Radio One This Program was presented by The Oliver White Hill Foundation and its supporters Foundation information: 700 East Franklin Street, Suite 806 Richmond, Virginia 23219 Phone: 804-648-9200 Web: oliverwhitehillfoundation.org In 9demory aruf Cefe6ration of 9dr. OEiver White :Kt4 Sr. 1907-2007 Dupree's Photography )Zl Life of Courage, (j)ignityandJfl?nor Sunday, August 12, 2007 3:00 p,m. greater c.R.ich.mond Convention Center 403 :North. rr'h.ird Street c.R.ich.mond, Virginia 23219 q-ooetfier .Jloain '~,'" ,~" Mr. & Mrs, Oliver W Hill, Sr. A Tribute to Oliver W. Hill Daryl Cumber Dance Hang the medal around his neck, Fly the flag at half-mast, Erect the statues in his honor, Name the buildings and bridges for him, Sil~ntly follow his casket through the streets. All woefully inadequate. Our debt is too great. We each seek ways to thank the brave warrior Who helped to make our country more of what it should be .., ("Let American be the dream the dreamers dreamed .,. It never was America to me" [Langston Hughes]) .' .-The warrior who feared no foe, resisted no battle, accepted no compromise As he fought to free a nation. A gentle man and a strong warrior, His life was as full of symbols as of victories, A man whose first name signifies peace, And whose last name suggests the heights he scaled, A man who lived an even one hundred years, a full century - And moved America from the darkness of the 19th century to the promise of the 21 5t. And what can we do to properly recognize this hero? We can humbly thank God for his life And dedicate ourselves to Creating the strong nation of equality and love That he envisioned - an America that is America to all. (])edicatea in roving memory of a c/ieris/ied friend: The Hill Family Mr. Oliver W. Hill, Sr., Mrs. Beresenia Hill and Oliver W. Hill, Jr. HIS LIFE STORY Oliver White Hill, Sr.: A remarkable man, a re- markable life. At 100 years old, Oliver W. Hill was as involved in the fight to bring dignity, honor and equal protection under the law to all hu- mans as when he was 25. He was a man whose rele- vance did not diminish with his age; rather, he became wiser and more relevant as he aged. On May 1,1907 Mr. Hill was born in Richmond, Vir- ginia into a family that was strong in spirit, purpose and deed. His life was greatly influenced by his mother, Olivia Hill; his stepfather, Joseph C. Hill and his foster parents, Bradford and Lelia Pentecost. These were the people who fostered the strong self-esteem that served Oliver so well throughout his life-long en- deavors. Oliver was born just 12 years after the fa- mous Homer Plessy sat down in a train car reserved for whites and was immediately arrested. Oliver spent his childhood dealing with a legal and social system, which provided segregated public transportation and a public high school education for white children but not for African Americans. Young Oliver prepared himself to change and improve the legal and social system that sanctioned such practices. As a teenager, Oliver moved to Washington, D.C. to attend Dunbar High School and Howard University. While at Howard, he closely studied the 13th, 14th and 15th Amendments to the Constitution and con- cluded that he would begin to prepare himself to chal- lenge the Court decisions and bring a case to the Court to overturn and correct its mistake in Plessy. Mr. Hill became a member of the Virginia Bar and began his law practice in Roanoke, Virginia in 1934. Except for the time in the service of the United States Government and the Armed Forces, he practiced law in Virginia since 1938. During the Truman Adminis- tration, Hill was appointed by the President to a com- mittee to study racism in the United States. The Committee made numerous recommendations, includ- ing the establishment of the Civil Rights Commission. Beginning in the early 1930's, he began to devote his entire career to securing all rights incidental to first- class citizenship for all Americans. He served as coun- sel in many of the most important civil rights cases that resulted in ending legal segregation based on race. In 1934, a group of little known black lawyers began documenting the inequalities between white and black life in America. Included in this group were Charles Hamilton Houston, Samuel W. Tucker, Thurgood Mar- shall, William Hastie, and Mr. Hill. These men led one of the most important legal campaigns of the 20th cen- tury, the struggle to destroy Jim Crow. The crucial vic- tory came with the landmark 1954 Supreme Court Decision Brown vs. Board of Education. It was Hill who argued the "Davis vs. Prince Edward County" case, which is one of the five Brown vs. Board of Edu- cation cases. Mr. Hill was a member of the law firm of Hill, Tucker and Marsh here in Richmond. Since the mid 30's, he worked tirelessly in activities that had as their objec- tives the securing of all first class citizenship rights for African Americans. He has particularly been inter- ested in civil rights litigation on behalf of African Americans. Some of the landmark cases in which Oliver W. Hill participated on behalf of African Amer- icans involved such diverse matters as equalization of salaries for public school personnel; the right to serve on grand and petit juries; inclusion in the program of free bus transportation for public school children; equalization of public school facilities; protection of firemen and other railway workers in rights to employ- ment and to fair and impartial representation by the statutory bargaining agent; the right of participation in primary elections; the elimination of segregation on common carriers in both intrastate and interstate travel; the use of public facilities in a non-discrimina- tory and non-segregated fashion, including public schools and places of public assembly and recreation; the securing of housing of ones choice and the right of African Americans, through organizations like the NAACP, to assert their constitutional rights and seek redress of their grievances in the courts. Mr. Hill's awards and honors include the following, to name a few: Being awarded honorary doctorates by numerous colleges and universities; the establishment of a scholarship fund for law students at Howard Uni- versity in his name by the Old Dominion Bar Associa- tion and the Howard University Alumni Club of Metropolitan Richmond and the organization of the Oliver W. Hill Black Pre-Law Association by the Uni- versity of Virginia in 1983. Also, several buildings bear his name: The Juvenile and Domestic Relations Court Building in Richmond was named The Oliver W. Hill Courts Building in 1996 and in 2005, Gover- nor Mark Warner renamed the Old Finance Building on the Capitol grounds The Oliver White Hill Build- ing. In August 1999, President Clinton presented Mr. Hill with the Presidential Medal of Freedom, the high- est civilian award in America and in July of 2005, Mr. Hill was awarded the NAACP's highest award, the Sp- ingarn Medal. Mr. Hill was married to the late Beresenia Walker, who was his true soul mate and partner in all things. Left to honor and appreciate the life and accomplish- ments of Mr. Hill are his son and daughter-in-law, Oliver W. Hill Jr. and Renee A. Hill of Richmond; grandchildren, Jananda Hill of California; Jamaa Bick- ley-King, Maia King (Thomas Ferrell); and great- grandchildren, Jelani, Julian and Jaden Ferrell of Richmond; and a host of friends and admirers across the state and country. Mr. Hill believed in people; he believed in America. This faith guided the choices that he made in regard to his profession and his battles for justice for all people. These beliefs also inform the vision and the focus of his foundation, The Oliver White Hill Foundation. Through his foundation, the legacy of justice for all will be continued through investments in preparing fu- ture generations to believe in and fight for equality and quality of life for all. 2007: A year of celebration. We celebrated the 100th birthday of Oliver White Hill, Sr. on May 4,2007. Today, we again celebrate the life that he lived and shared wi~h all of us. Again, we say Happy Birthday, Mr. Oliver W. Hill and thank you for all ofthe gifts that you gave to us during your wonderful life! Left to right: Thurgood Marshall, Oliver Hill and Spottswood Robinson, III. This picture was taken at. the Virginia hearing, at which Marshall, Hill and Robinson appeared for the plaintiffs. "Attorneys for Negro Plaintiffs" (Thurgood Marshall, Oliver Hill, and Spottswood W. Robinson III). Published in Southern School News 2, no. 2 (August 1955):7. Oliver Hill (center) was part of the legal team that won the landmark 1954 Brown vs. Board of Education case. Oliver W. Hill: Presidential Medal of Freedom Recipient Order of Service Presiding Elaine R. Jones, Esquire Musical Prelude The Processional The Invocation....................,.............................. ........................................... The Rev. Willie Woodson Celebration Message............................................. ........................................... Elaine R. Jones, Esquire The Solo............... "Prayer of Saint Francis"....... ... . ............ ...........,............................... Dr. Karen Savage Arranged by Van Christy Accompanied by Dr. Weldon Hill The Poem and the Obituary................................,.. .................................. The Honorable Esther H.Vassar President, Oliver W Hill Foundation The Expressions..................................................... ................................. Senator Henry L. Marsh, III Virginia State Senator The Honorable John Marshall Secretary of Public Safety The Acknowledgments................................................. ............................,........ James Morris, Esquire The Solo.................... .."How Great Thou Art"................ ............................................. Dr. Karen Savage The Reflections from the Family.................. ..................... ..................................... Dr. Oliver W. Hill, Jr.c The Eulogy..........,................................ .............. .......................... The Honorable Timothy M. Kaine Governor, Commonwealth of Virginia The Closing Comments..,......................................... ........................................ Elaine R. Jones, Esquire The Blessing of Departure......................................... ...................................... The Rev. Willie Woodson The RecessionaL...........,..................,..................... ............................................... "Saint Louis Blues" I ntennent Porest Lawn Cemetery 4000 PiCots Lane c.Rjcfimond, Virginia 23222 Pa{{6earers Jamaa Bickley-King S. Ross Browne Thomas Ferrell Charles Satchell Nathaniel Morton Charles Anthony Livers :Jv1 usicians Dr. Karen Savage, Soloist Dr. Weldon Hill, Piano James Holden, Jr. Saxophone Ellis Tucker, Tuba Ernest Powell, Percussion Nathaniel Miller, Trombone William McGee, Trumpet Keith Willingham, Trumpet Curby Reid, Percussion Aaron Lewis, Percussion In Jlppreciation We wish to thank everyone for the outpouring of love and support. We have been overwhelmed by everyone s generosity, kindness and solicitude. We sincerely thank each and every one of you. The Hill Family ****************************** jlrrangements 6y: Scott's Punera[J{ome 115 CE. {]3 roo kJand CParft {]3ou[evard (j(jcfimoncf, 'Vjl 23222 Program printed by: James E. Henson, Jr. Va HDH (804) 648-3005 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 SHEILAN. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE Assistant Deputy City Clerk December 4, 2008 Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Evelyn W. Powers City Treasurer Roanoke, Virginia Dear Mr. Holland and Ms. Powers: I am forwarding an attested copy of Ordinance No. 38165-072108, which has been properly executed by the City of Roanoke of Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi, for purposes of assessment and collection, respectively, of the service charge established by this Ordinance. rn. ~D>J Stephanie M. Moon, CMC City Clerk Attachment pc: Norman Mason, President, Assisi Animal Clinics of Virginia, Inc., P. O. Box 11845, Roanoke, Virginia 24022-1845 L:\CLERK\DAT A\C KEW I \AGENDA CORRESPONDENCE\agenda correspondence 08\1uly 08\Assisi Animal Clini~s of Virginia, Inc. Notarized Ordinance.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 July 22, 2008 Norman Mason, President Assisi Animal Clinic of Virginia, Inc. P. O. Box 11845 Roanoke, Virginia 24022-1845 Dear Mr. Mason: I am enclosing copy of Ordinance No. 38165-072108 exempting the Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis from real estate and personal property taxations, respectively, certain property located at 41 5-41 7 Campbell Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008, and is in full force and effect on January 1, 2009, if by such time a copy, duly executed by an authorized officer of the applicant, has been filed with the City Clerk. Sincerely, ~ m. qOtmJ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Norman Mason July 22, 2008 Page 2 pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Ann H. Shawver, Director of Finance Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development Susan S. Lower, Director, Real Estate Valuation Sherman M. Stovall, Director, Management and Budget R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget J^", IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2008. No. 38165-072108. AN ORDINANCE exempting from real estate property taxation certain real property, and exempting from personal property taxation certain personal property located in the City of Roanoke of Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the Angels of Assisi, (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, the Angels of Assisi, has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petitions was held by Council on July 21,2008; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1010705, 1010706, and 1010707, commonly known as 415-417 Campbell Avenue, (the "Property"), and owned by the Applicant, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has K:\Measures\tax exempt Angels of Assisi 7 08.doc voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, as well as a service district charge, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain personal property, including medical equipment, computer software, office equipment, and four vehicles which shall be used by the Applicant exclusively for charitable purposes on a non-profit basis. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. Council classifies and designates the Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi as a charitable or benevolent organization within the context of Sections 6(a)(6) and 6(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1010705, 1010706, and 1010707, commonly known as 415-417 Campbell Avenue, and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, as well as a service district charge, which would be applicable to the Properties, were the Properties not exempt from such taxation, for so long as the Properties are exempted from such taxation. 3. Council hereby exempts from personal property taxation certain personal K:\Measures\tax exempt Angels of Assisi 7 OB.doc property, including medical equipment, computer software, office equipment, and four vehicles owned by the Applicant, which property is used exclusively for charitable purposes on a non- profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated in this Ordinance. 4. This Ordinance shall be in full force and effect on January 1, 2009, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 5. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Mr. Norman Mason, President, Assisi Animal Clinics of Virginia, Inc. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~, ""~ ~ATTEST: ,{i ~ ' c. , _ . / "0 } ~ ~ ~;;~ -"'~' Clty~ CI~rl,<. . ACCEPTED, AGREED TO AND EXECUTED by Assisi kumal Clinics of Virginia, Inc., d/b/a Angels of Assisi, this ~ay of ~ , 20Gr' . ASSISI ANIMAL CLINICS OF VIRGINIA, INC. B~"~~ No an Mason, President K:\Measures\tax exempt Angels of Assisi 7 08.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 July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman p, Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ, Price, Council Member Honorable Courtney G, Rosen, Council Member Honorable David B, Trinkle, Council Member Subject: Tax Exemption Request - Assisi Animal Clinics of Virginia, Inc. Dear Mayor Bowers and Members of City Council: Background: The Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi is a non- stock, not for profit corporation which provides reduced cost spay and neuter services to low income families, provides significantly reduced cost vaccinations for rabies, distemper, and other diseases, as well as animal rescue and adoption services, It has provided more than 25,000 subsidized or free spay/neuter surgeries for dogs and cats to low income City of Roanoke residents over the last seven years. The organization has recently reached a verbal agreement with the City of Roanoke's Police Department to provide free checkups and vaccinations to the City's K-9 Police division. The organization owns real property in the City of Roanoke known as Tax Map 10 # 1010705, 1010706, and 1010707 located at 415-417 Campbell Avenue. The organization also owns personal property located at 41 5-417 Campbell Avenue, The real property at 415-417 Campbell Avenue is currently assessed at $380,600 with annual real estate taxes of $4,529 due to the City, This property is also located in the Downtown service district, and as such, is assessed an additional annual service charge amount of $.10 per $100 of Honorable Mayor and Members of City Council July 21, 2008 Page 2 assessed value, or $381, This service charge is collected by the City and remitted to Downtown Roanoke, Inc. The personal property located at 41 5-417 Campbell Avenue consists of medical equipment, computer software, office equipment, and four vehicles with a total assessed value of $52,376. Current annual taxes on the property are $1,807, The organization requests an exemption from real estate taxes on all three parcels of real property, The organization also requests an exemption from personal property taxes on the property at those locations. In addition, Angels of Assisi has requested if its petition for tax exemption is granted that it would take effect on July 1, 2008 rather than January 1, 2009, The City's procedures allow for properly completed petitions received by April 15th to be recommended to City Council to have an effective date of July 1 st, The organization's petition was received in the City Manager's Office on April 16th, Additional, required documentation supporting the petition was not delivered until April 28th, Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedures, Angels of Assisi has provided the necessary information required for applications for exemptions, but it would take effect January 1, 2009, rather than July 1, 2008, As noted above, the assessed value of the real property at 41 5-41 7 Campbell Avenue is $380,600 with annual taxes due of $4,529, In lieu of the $4,529 in 'real estate taxes on these three properties combined, Angels of Assisi would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the three parcels for as long as the exemption continues. In this case, the service charge amount would be $906, Consequently, the City would be foregoing $3,623 in real estate revenue, There is no service charge levied on personal property exempted from personal property tax; it is 100% exempt, The City could be foregoing $1,807 in revenue from the exemption, As previously mentioned, Angels of Assisi currently pays an annual Downtown service district charge of $381 on the real property at 415-417 Campbell Avenue. If the exemption is granted, the organization will agree to continue paying a Downtown service district fee; however, it too would be based only on twenty percent of the current service district fee, In this Honorable Mayor and Members of City Council July 21, 2008 Page 3 situation, this fee for the three properties combined would be reduced from $381 to $76, Commissioner of the Revenue, Sherman Holland, has determined that Angels of Assisi is currently not exempt from paying real estate and personal property taxes by classification or designation under the Code of Virginia, The IRS recognizes the organization as a 501 (c) 3 tax-exempt organization, Notification of a public hearing to be held July 21, 2008, was duly advertised in the Roanoke Times, Recommended Action: Authorize Angels of Assisi's exemption from real estate and personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2009, if the organization agrees to pay the subject service charges on the real estate by that date. Respectfully submitted, Darlene L. Bur City Manager DLBjrbl Attachment c: Honorable Sherman A, Holland, Commissioner of the Revenue Honorable Evelyn W, Powers, City Treasurer Stephanie M, Moon, City Clerk William M, Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan S, Lower, Director of Real Estate Valuation R, Brian Townsend, Ass!', City Manager for Community Development Sherman M, Stovall, Director of Management and Budget Mr. Norman Mason, President, The Assisi Animal Clinics of Virginia, P.O, Box 11845, Roanoke, VA 24022-1845 Mr. Stephen Athanson, The Shenandoah Law Firm, P. c., P. 0, Box 11845, Roanoke, VA 24022-1845 CM08-00103 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- , \\\\1111""", "" w..cEN/t L'/~ " ~"""" ~-'~ .:-'~~,"'NOTARY"'.~~ ~ : ~ :' PUBLIC -.,1> ~ ~ * f REG. #332964 : * : -; : MY COMMISSION: = ~ ~ ", j'PJ~I'1 ,:~: -;~ .... 3 r.'.~ ~ $ '.... ~ '",. ~ ' ...., (?,t, ...., , ~". ,;:- " 'trEA'!'TU \jY: " '" L ,[I ", I" , '~'!.~ ~ \ , ---------------------------------------+------------------------ ANGELS OF ASSISI P. O. BOX 11845 ROANOKE VA 24022 REFERENCE: 80162437 10965106 Tax Exempt PH Angels State of Virginia City of Roanoke I, (the undersigned) an authori zed representa ti ve of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~~nia. Sworn and subscribed before me this __L]L~day of July 2008. Witness my hand and Of~l seal. Myj/!!!Aon PUBLISHED ON: 07/04 07/11 TOTAL COST: FILED ON: 384.00 07/11/08 Authorized Signature:_ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I NOTICE OF PUBLIC HEARING. Notice is hereby given that the City Council of the City of I Roanoke will hold a public 'hearing at Its regular meeting to be held on July \ 21, 2008, commencing at .7:00 p.m., in the Council Chambers, 4th Floor, Noel C. ITaylor Municipal Building, 215 Church Avenue, S.W., ' Roanoke, Virginia, on the ,question of adoption of an , ordinance pursuant to I ~58.1-3651, Code of Virginia (1950). as amended, / approving the request of the : Asslsi Animal Clinics of : Virginia, Inc., d/b/a Angels of Assisi, for designation of I its 'real property and its I personal property as exempt from taxation. The assessed value of the applicant's real property located at 415-417 \CamP.!~I_ ~v,:n-"e, ~ . I known as Tax Map Nos,l 1010705,-1010706; and I 11010707 is currently I ' $380,600, and real estate , taxes of $4,529 were paid in : the most recent year, , The total, assessed value of the applicant's personal : property for tax year 2008 is $52,376-, with a total fpersonal property tax I assessment of. $1,807 for Ithe 2.008 tax year. Citizens shall have the opportunity to be heard and "express their opinions on this mailer. , If you ,are a person with a disability who needs ,accommodations for this, public hearing, contact the ; City Clerk's Office" I 853-2541, by 12:00 noon ,on I . Thursday, July 17, 2008. GIVEN' under my hand ,this 25th day of June, 2008, Stephanie M. Moon, City Clerk, ' (10965106) - -- -_.J Billing Services Representative \~~~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing at its regular meeting to be held on July 21, 2008, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel e. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to 958.1-3651, Code of Virginia (1950), as amended, approving the request of the Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi, for designation of its real property and its personal property as exempt from taxation, The assessed value ofthe applicant's real property located at 415-417 Campbell Avenue, and known as Tax Map Nos, 1010705,1010706, and 1010707 is currently $380,600, and real estate taxes of $4,529 were paid in the most recent year. The total assessed value of the applicant's personal property for tax year 2008 is $52,376, with a total personal property tax assessment of$I,807 for the 2008 tax year, Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, July 17, 2008. GWEN under my hand this 2 5tway of June , 2008. Stephanie M. Moon, City Clerk. K:\MEASURESITAX EXEMPT PH NOTICE ANGELS OF ASSISI 70S.DOC Notice to Publisher: Publish in the Roanoke Times on Friday, July 4,2008 and Friday, July 11,2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 K:\NOTICES\2008\JUL Y 08\N- T AX EXEMPT PH NOTICE ANGELS OF ASSISI 7 08.DOC Send bill to: Stephen Athanson, General Counsel Angels of Assisi P. O. Box 11845 Roanoke, Virginia 24022-1845 (540) 444-2169 THEFIRM@SHENANDOAHLAW.COM DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 540.853.6800 fax: 540.853.2773 July 8, 2008 Stephen Athanson The Shenandoah Law Firm, P.c. p, O. Box 11845 Roanoke, VA 24022-1845 Dear Mr. Athanson: The Assisi Animal Clinics of Virginia, Inc., filed a petition in the City Manager's Office on April 16, 2008 requesting exemption from taxation on real and personal property located at 41 5-41 7 Campbell Avenue, The real property is identified as tax map numbers 1010705, 1010706, and 1010707. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing jfit wishes to consider a petition for a tax exemption, At a regular session of the Roanoke City Council held on Monday, July 7, 2008, the Council approved a request of the City Manager to hold a public hearing on Monday, July 21, 2008, at 7:00 p.m" or as soon thereafter as the matter may be heard, to receive citizen comments on the request, Notices of a public hearing with regard to the matter will be published in the Roanoke Times, Your organization will be billed for the amount incurred for publishing the notices, I am forwarding you a copy of a Council Report dated July 21, 2008, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate and personal property taxation on the properties, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing, It is suggested that a representative from the organization be present at the public hearing on July 21 st to respond to questions that may be raised regarding the petitions. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S, W. If you have any questions regarding this information, please feel free to call me at 853-1643, Sincerely, , ;(6O::~~l R, B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure c: Mr, Norman Mason, President, The Assisi Animal Clinics of Virginia, Inc., p, 0, Box 11845, Roanoke, Virginia 24022-1845 V Stephanie M, Moon, City Clerk July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Tax Exemption Request - Assisi Animal Clinics of Virginia, Inc. Dear Mayor Bowers and Members of City Council: Background: The Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi is a non-stock, not for profit corporation which provides reduced cost spay and neuter services to low income families, provides significantly reduced cost vaccinations for rabies, distemper, and other diseases, as well as animal rescue and adoption services. It has provided more than 25,000 subsidized or free spay/neuter surgeries for dogs and cats to low income City of Roanoke residents over the last seven years. The organization has recently reached a verbal agreement with the City of Roanoke's Police Department to provide free checkups and vaccinations to the City's K-9 Police division. The organization owns real property in the City of Roanoke known as Tax Map 10 # 1010705, 1010706, and 1010707 located at 415-417 Campbell Avenue. The organization also owns personal property located at 415-417 Campbell Avenue. The real property at 415-417 Campbell Avenue is currently assessed at $380,600 with annual real estate taxes of $4,529 due to the City. This property is also located in the Downtown service district, and as such, is assessed an additional annual service charge amount of $.10 per $100 of assessed value, or $381. This service charge is collected by the City and remitted to Downtown Roanoke, Inc. Honorable Mayor and Members of Council July 21, 2008 Page 2 The personal property located at 415-417 Campbell Avenue consists of medical equipment, computer software, office equipment, and four vehicles with a total assessed value of $52,376. Current annual taxes on the property are $1,807. The organization requests an exemption from real estate taxes on all three parcels of real property. The organization also requests an exemption from personal property taxes on the property at those locations. In addition, Angels of Assisi has requested if its petition for tax exemption is granted that it would take effect on July 1, 2008 rather than January 1, 2009. The City's procedures allow for properly completed petitions received by April 15th to be recommended to City Council to have an effective date of July 1 st. The organization's petition was received in the City Manager's Office on April 16th. Additional, required documentation supporting the petition was not delivered until April 28th. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedures, Angels of Assisi has provided the necessary information required for applications for exemptions, but it would take effect January 1, 2009, rather than July 1, 2008. As noted above, the assessed value of the real property at 415-417 Campbell Avenue is $380,600 with annual taxes due of $4,529. In lieu of the $4,529 in real estate taxes on these three properties combined, Angels of Assisi would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the three parcels for as long as the exemption continues. In this case, the service charge amount would be $906. Consequently, the City would be foregoing $3,623 in real estate revenue. There is no service charge levied on personal property exempted from personal property tax; it is 100% exempt. The City could be foregoing $1,807 in revenue from the exemption. As previously mentioned, Angels of Assisi currently pays an annual Downtown service district charge of $381 on the real property at 415-417 Campbell Avenue. If the exemption is granted, the organization will agree to continue paying a Downtown service district fee; however, it too would be based only on twenty percent of the current service district fee. In this situation, this fee for the three properties combined would be reduced from $381 to $76. Honorable Mayor and Members of Council July 21, 2008 Page 3 Commissioner of the Revenue, Sherman Holland, has determined that Angels of Assisi is currently not exempt from paying real estate and personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501 (c) 3 tax-exempt organization. Notification of a public hearing to be held July 21, 2008, was duly advertised in the Roanoke Times. Recommended Action: Authorize Angels of Assisi's exemption from real estate and personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2009, if the organization agrees to pay the subject service charges on the real estate by that date. Respectfully submitted, Darlene L. Burcham City Manager DLB/rbl Attachment . c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan S. Lower, Director of Real Estate Valuation R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Mr. Norman Mason, President, The Assisi Animal Clinics of Virginia, P. O. Box 11845, Roanoke, VA 24022-1845 Mr. Stephen Athanson, The Shenandoah Law Firm, P. C., P. O. Box 11845, Roanoke,VA 24022-1845 CM08-00103 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aveuue, S, W" Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANm M. MOON, CMC City Clerk CECELIA ~. TYREE Assistant Deputy City Clerk May 6, 2008 Stephen Athanson, General Counsel Angels of Assisi P. 0, Box 11845 Roanoke, Virginia 24022-1845 Dear Mr. Athanson: This will acknowledge receipt of your communication received in the City Clerk's Office on Monday, May 5, 2008, forwarding additional information in connection with the petition of Assisi Animal Clinics of Virginia Inc., for tax exemption. Sincerely, W~'rY\.~ Stephanie M, Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager The Honorable Sherman A, Holland, Commissioner of the Revenue William M, Hackworth, City Attorney Susan S, Lower, Director, Real Estate Valuation R, B.Lawhorn, Budget Management Analyst, Office of Management and Budget / K:\Tax Exempt\Angels of Assisi Tax Exempt acknowledment'S 608.doc ~7{rl~t;L~ ~.f'~' . '} c.( 5~{ .#IV . \&.-.<bJ l.'"t". t- May I, 200S To: ROANOKE CITY COUNCIL c/o R. B, Lawhorn;:f)~l(.C;~ Department of Management and Budget 215 Church Avenue, SW Room 354 Roanoke, VA 24011 RE: Petition of Assisi Animal Clinics of Virginia Inc.("Angels of Assisi") for tax exemption Dear Mr. Lawhorn: Thank you for meeting with us on April2Sth, 200S to review our petition. We would like to supply some additional information. Subsequent to the filing of the petition, we reached an agreement with the City of Roanoke Police Department to provide free checkups and vaccinations to the City's K-9 police division. This will provide a direct cost benefit to the city. In addition, Angels of Assisi has provided more than 25,000 subsidized or free spay/neuter surgeries for dogs and cats to low income Roanoke City residents over the last seven (7) years._ These sterilization surgeries have resulted in many thousands of fewer stray dogs and cats within the City which otherwise would have significantly added to the expenses of the City's Animal Control Division. We were informed our petition was date stamped by the City as having arrived on the 16th of April. The petition was mailed in the City of Roanoke by regular mail on April 14th, and was reasonably expected to arrive by the 15th of April. If the City provides Angels of Assisi tax exempt status, we would ask the Council to make that exempt status effective as of July 1, 200S. Issuing tax exemption effective on that date is within the authority of the City Council. By doing so there will be no additional burden placed on the Office of the Commissioner of the Revenue. Please feel free to contact me if I can provide additional information. I can be reached at (540) 444-2169. Very Truly Yours, . ~~'i -- .~ Stephen W.Athanson P.O. BOX 11845 ROANOKE, VIRGINIA TEL: 540-444-2119 WY':N':I....AN.q.I;.""~.QfA~,~.!~!:.Q.RG. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W" Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 29, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Pursuant to Resolution No. 36331-051903 adopted by the Council with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation, I am attaching copy of a petition which was filed with the City Manager's Office on April 16, 2008, by Assisi Animal Clinic of Virginia, Inc., d/b/a Angels of Assisi, non-stock, not-for-profit corporation, requesting exemption from taxation of personal property and real property located at 41 5-41 7 Campbell Avenue, S, W, The petition was forwarded to the City Clerk's Office on April 23, 2008 for appropriate handling. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st, Sincerely, A~~'~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment K:\Tax Exempt\Angels of Assisi Tax Exempt Request 4-29-08.doc Darlene L. Burcham April 29, 2008 Page 2 pc: Stephen Athanson, General Counsel, Angels of Assisi, P. 0, Box 11845, Roanoke, Virginia 24022-1845 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. . B, Lawhorn, Budget Management Analyst, Office of Management and Budget '. K:\Tax Exempt\Angels of Assisi Tax Exempt Request 4-29-08.doc gf~~.&/?- '"-~~ THE~SHENANDOAH LAW FIRM, P.C. ~i PROFESSIONAL CORPORATION P.O. Box 11845 . ROANOKE, VIRGINIA 24022-1845. PH: 800.391.6605. FAX: 540.444.2133. EMAIL: THEFIRM@SHENANDOAHLAW.COM ,iECEIVEL I APR 1 0 2008 I '~w MANAGER'S OFFI~' April 14,2008 Darlene L. Burcham City Manager- City of Roanoke 215 Church Avenue, S.W, Noel C. Taylor Municipal Building Room 364 Roanoke, VA 24011 RE: Tax Exemption Petition for Assisi Animal Clinics of Virginia Inc. Dear Ms. Burcham: Enclosed please find a petItIOn requesting exemption from the City's real and personal property taxes for Assisi Animal Clinics of Virginia Inc. d/b/a Angels of Assisi for your consideration. Please feel free to contact me if I can provide any assistance on this matter. I can be reached at (540) 444-2169. Very Truly Yours, ~ c -=-- Stephen W. Athanson Enc. VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1 a. Your Petitioner, Assisi Animal Clinics of Virginia Ine" a Virginia, non-stock, not for profit corporation owns certain real property, located at 415-417 Campbell Avenue in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 1010705, 1010706, and 1010707, with a total assessed value of$380,600 and a total of$2.264.56.t'l)S~q.14 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the . provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in reduced cost spay and neuter \ services, as well as animal rescue and adoption services, be exempt from \ taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia s~ long as your Petitioner is operated not for profit and the property so e~empted is used in accordance with the purpose for which the Petitioner is classified. \ 1 b. Your Petitioner, Assisi Animal Clinics of Virginia Ine" a Virginia, non-stock, not for profit corporation owns certain personal property, located at 415-417 Campbell Avenue in the City of Roanoke, Virginia, with a total assessed value of approximately $100,000 and a total of $ 700.00 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in reduced cost spay and neuter services, as well as animal rescue and adoption services, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 1. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 2. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 3. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 50 1 (c) of the Internal Revenue Code of 1954 on December 6, 2001. 2. .(Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No. Officers and Directors receive no compensation, and employees receive only reasonable compensation for services actually rendered. 4, (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): No part of the net earnings of the organization inures to the benefit of any individual. All revenues of the organization are used in furtherance of the organizations goals, and the officers, directors and members of the organization receive no compensation or benefits. A substantial portion of the funds generated for the organization is derived from donations from individuals and businesses in the community (including monetary, in kind, and service contributions). The organization has been authorized by the Virginia Department of Agriculture and Consumer Services to engage in the solicitation of charitable donations. The organization currently does not receive any state or federal grants. 5. (Q): Whether the organization provides services for the common good of the public, (A): Your Petitioner provides services for the common good of the public in as much as it provides reduced cost spay and neuter services to low income families, provides significantly reduced cost vaccinations for rabies, distemper, and other diseases, as well as animal rescue and adoption services. These services help reduce the stray population of dogs and cats in the city. To date, the organization has spayed or neutered over 50,000 dogs and cats, and placed over 2,000 dogs and cats for adoption. 6, (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No. 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No. The current annual assessment is $2,264.56. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): The services provided by the organization produce significant savings to the City of Roanoke. The subsidized spay-neuter services reduce the stray animal population, which reduces the burden placed on Animal Control division of the Roanoke Police Department and the Regional Center for Animal Control and Protection which houses unwanted animals. To date the organization has taken in over 2,000 dogs and cats who would otherwise have been housed, placed, or euthanized at the expense of local government. The organization also provides veterinary services, including vaccination. The provision of reduced cost rabies and distemper vaccinations helps reduce the threat of disease outbreak in the area, which is of obvious benefit to the city. Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, Assisi Animal Clinics of Virginia Inc., respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing reduced cost spay and neuter services, as well as animal rescue and adoption services. Respectfully submitting this rlay April, 2008. ~~ ?~reSident COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner ( GREGORY S. EMERSON Chief Deputy April 14, 2008 Mr. Stephen Athanson, General Counsel Angels of Assisi POBox 11845 Itoanoke, \fA 24022-1845 Ite: Exemption of property located on Campbell Ave. SW Tax Map Nos. 1010705, 1010706, 1010707 ~ Dear Mr. Athanson: We received your letter dated April 7, 2008 requesting a determination of the tax exempt status of the above captioned property. The above parcels are currently being taxed by the City of Itoanoke for real estate taxes for the 2007-08 tax year. These properties are not eligible for exemption by classification, however, you may contact the City Clerk's Office at 853-2541 for information concerning applying for an exemption for non-profit organizations through City Council. Should you have any additional questions please do not hesitate to call. Sincerely, ~--/~.-r Sherman A. Holland ' Commissioner of the Itevenue SAHljec ,; 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540) 853-2521 * Fax (540) 853-1115 * www.ci.roanoke.va.us 01/03/08 12:27 FAX ~ 002/004 - ,'. . Internal Revenue SElrvlce' Date: April 20, 2006 Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 ASSISI ANIMAL 'CLINICS OF VIRGINIA INC % NORMAN MASON PO BOX 11845 ROANOKE VA 24022-1845453 ,Person to Contact: Ms Jackson 31-07417 Customer Srv. Representative Ton Fre.e Telephone Number: 877 ~829-5500 . Federal Iqentification Number: 54-2021941 ~ Dear Sir or Madam: This is in response to a telephone inquiry of April 20, 2006, regarding your organization's tax exempt sta~us, O~r letter issued in November 2001 recognized your organization as exempt from Federal income taxunder section 501 (c) (3) of the Internal Revenue Code. . Our records indicate that your organization's advance ruling period ended December 31, 2005; however,.there is nO evidence in our files that the organization ever provided. the ~ecessary proof that it is a publicly supported organization of the type described in secti~ns 509(a)(1) and 170(b)(1)(A)(vi). If your organization do(~s have a 'letter showing that a determination'of its foundation status waS made, please send us a copy so we can correct our records; otherwise, please furnish the information indicated on the enclosed Form 8734~i Support Schedule forAdvance Ruling Period, and related attachment. This form should be_~ompleted for the Y1:lars ended December 31,2001 to December 31, 2005. . . If you have any que!~tions, please call us at the telephone number shown in the heading of this letter. '~?!~~:~:':.:,':':. .::~:.r':".,:':l<.', ""';!"" ',' .....( -.;., ',.<,":';. ,,:.:. .,:,:' ::'\:'~:" .:: .."". .:..... Marilyn Baker, Manager, TElGE Customer Account Services Enclosure / INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 DEPARTMENT OF THE TREASURY 'TIEe 0 6 2001 Employer Identification Number: 54-2021941 DLN: 17053155002031 Contact Person: C. MCLOUGHLIN Contact Telephone Number: (877) 829-5500 Accounting Period Ending: DECEMBER 31 Foundation Status Classification: 509 (a) (1) Advance Ruling Period Begins: JANUARY 26, 2001 Advance Ruling Period Ends: DECEMBER 31, 2005 Addendum Applies: NO ID# 11145 Date: ASSISI ANIMAL CLINICS OF. VIRGINIA INC 4142 MELROSE AVE NW STE 25 ROANOKE, VA 24017 ~. ....: near Applicant: Based on information ,you supDlied~ and assuming your operations will be as . .. ~ . . . . 'stated in your' application for recognition of exemption, we have determined' you' are exempt from federal income tax under section 501 (a) of the Internal Revenue Code as an organization described in section 501(c) (3) . Because you are a newly created organization, we ar~ not now making a final determinat~on of your foundation status under s~ction 509(a) of the Code, However, we have dete't111ined that you can reCl.sonably expect to be a publicly supportea organizat.ion described in sections 509 (a) (i) ar.d ..170 (b). (1) (A) (vi-)~:. Accordingly, during an .advance ruling period you will.be.treated as a pUbliCly-suPPorted organization, and not as a pr-ivate foundation. This advance ruling period begins and ends on the dates sho.wnabove. '. .". Within 90 days after the end of your advance ruling period, you must ,send us the information needed to determine whether- you have met the.require- ments of the applicable support test during the advance ruling period. If .,Y<?u esta9lish that you have' been a publicly supported organization, we will classi- fy you. as a section S09.(a) (1) or 509 (a) (2) organization as long .as-yo.u..0ont-i--nue to meet the. requirements of the applicable support tes_t. .. If _you do, not, mee~.. the public support requirements during the advance ruling period, we will classify 'you as a private foundation for future periods, Also, if we classify you as a private foundation, we .will treat yo~ as a,private foundation from your beginning date for purposes of section 507(d) and 4940, Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days,grantors and contributors may continue to re~y on the advance determination until we make f, Letter 1045 (DO/CG) /" -2- ASSISI ANIMAL CLINICS OF VIRGINIA a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we . will no longer treat. you as a publicly supported organization, grantors and contributors may not rely oq this determination after, the date we publish t,he notice. In addition, if you lose your status as a publicly supported organi- zation, and a grantor or contributor was responsible for, or was aware of, the act or failure tO,act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or fai~ure to .act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a pu~l~cly supported organizati~n, then that person may not rel'y on this determination as of the date he. or she acquired such knowledge. If you change your. sources. of support, your.. purposes, character, or method' of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status, If you amend your organizational document or bylaws, please send us a copy of the amended docume,t or bylaws. Also, let us' know alL.changes in your name or,~~dress, As" of January 1, .1984, you are li;able for social security taxes under the Federal, Insurance Contributions Act --on amounts of $100 or more you pay to each of your employee$ duri?g a calendar year. You are not liable for the tax ~mposed under theFederalUnemplo0ment Tax Act (FUTA) , Organizations that are not private foun~ations are not subject to the pri- vate foundation excise, taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have .anY que~tions about excise, employmentr or other federal taxes, please lE'!t us know. Donors may' 'gg,g,uct.coiitributions to you as provided in section 170 of the Internal Revenue Code, Bequests, legacies, devises, transfers, or gifts to you or for' your use are ,deductible for Federal estate and ,gift tax purposes if they meet the. applicable provisions of sections 205.5, 2106, and 2522 of the_..<::()de. Donors may deduct contribution~ to you only to the extent that their contributions are.'gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances, Revenue Ruling 67-246, published..inCumul..ative Bulletin 1967-2, on page 104, gives guidelines, regarding when taxpayers may deduct paym~nts for admission to, or other participation in~ fundraising activities for charity, . ,.: C;:ont;dbutions to you are c;ieductible by donors beginning January 26, 2001. You 'arenot required to -file Form' 990, . Return of ,Organization Exempt From Income Tax, if your gross receipts each year are normally $25,000 or less,If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and s~gn the return, Because you will be 'treated ~s Letter 1045 (DO/CG) ~ '- ;'" " -3- ASSISI ANIMAL ~LINICS OF. VIRGINIA a public charity for return filing purposes during your entire advance ruling period, yo~ should file Form 990 for each year in your advance ruling period that .you exceed the $25,000 filing threshold even if your sources of support do not satisfy the public support test 'specified in the heading of this letter. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your,gross receipts for the year, whichever is less.. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per retu~n, unless there is reasonable cause for the delay, . The maximum penalty for an organization with gross recei-p.ts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return ..is. not complete. So, please be sure your return is compl~te be.fore you file it. You are not required to file federal income tax returns unless you are subj ect to the tax on unrela'ted business incom~.: under. section 5il of the Code. If you are subject to this tax, you must file an income tax return' on Form 990-T,~xe~pt Organization Business Income Ta~.Return, In this letter we are not determining whether any of. your. pres~~t or p~op9sed activities are unre- lated trade or business as defin~d in section ,5'13 of the Code. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed.' You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person .request without. charge other than reasonable fees ,for. copying and postage. You may fulfill this requirement by placingthesedocumenti> bn the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is avaitable in Publication 557, Tax-Exempt Status for Your Organization, or yqu may call our toll ,free. number shown above. ....- . , You need an employer identification number even if you have no employ~es. If an employer identification number wfs not entered on your application, we will assign a number to you and advise, you of it. Please use that number on all returns you file and in'all correspondence with the -Internal Revenue Service. I In accordance with s~ction 508(a) of the Code, the effective date of this determination letter is January 26, 2001, This determination is based on evidence that. your funds are dedicated to the pUrposes listed in section.S01(c) (3) of the Code, To assure your continued exemption, you should keep records to show that funds are spent 'only for those purposes, If you distribute ,funds to bther organizations, your records should show whether they are exempt uncler sec,tion 501 (c) (3). In cases .where the Letter 1045 (DOjCG) /' -4 - ASSISI ANIMAL CLINICS OF, VIRGINIA recipient organization is not exempt under section SOl(c) (3), you must have' evidence t~at the funds will remain dedicated to the required purposes and that the recipient will Use the funds for those purposes,. If you distribute funds to individuals, you should keep case histories showing the recipients' names, addresses, purposes of awards, manner of selec- tion, and relationship (if any) to members, officers, trustees or donors of funds to you, so. that you can substantiate upon reque'st by the Internal Revenue Service any and all distributions you made to individuals, (Revenue Ruling 56-304, C,B. 1956-2, page 306.) If we said in the heading of this letter that ,an addendum, applies; the' addendum enclosea is an integral part of 'this letter. Because this letter..could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. ~ If you have any qUestions, please contact the person whose\name and telephone number are shown in the heading of ~~~s letter, Sincerely. yours, /~. ?~...Q.'Uj'''' ~...P-r- /' ~ Steven T. Miller Director, Exempt. Organizations Enclosure(s) : Form 872-C Letter 1045 (DO/CG) : .'1 .f ," ,::'j :J ", ,"( ',I MEMORANDUM Department of Management and Budget To: From: Darlene L. Burcham, City Manager ~pjV R. B. Lawhorn, Budget/Management Analyst Date: April 29, 2008 Subject: Complaint Regarding Tax Exemption Petition from Angels of Assisi I wanted to pass along some information to you regarding a meeting I had Monday afternoon with Norman Mason, the president of the Assisi Animal Clinics of Virginia (d/b/a Angels of Assisi), and the organization's legal counsel, Stephen Athanson from the Shenandoah Law Firm, regarding the petition the organization submitted for exemption on its personal property and real estate taxes, The petition would not go before Council until June. They were upset when I told them that they had missed the City's deadline for submitting tax exemption petitions to have an effective date of July 1 st, and that if their petition is approved by Council, it would not go into effect until January 1 st. They plan to submit a letter that they would like to include with their petition to request Council, if they approve their petition, to make the exemption effective on July 1 st (they also plan to include in this letter that their organization will be supporting the Police Dept's K-9 Corps in the future). ~ Bill Hackworth and Stephanie Moon are already somewhat aware of the circumstances surrounding the petition, but I want to brief you as well: Instead of being sent to the City Clerk's Office as would normally be the case, the organization sent its tax exemption petition directly to your Office, The petition was dated April 7th, and their attached cover letter was dated April 14th. The cover letter was dated stamped as having been received in the City Manager's office on April 16th, I confirmed with Susie Freeman that correspondence is date stamped on the day it is received in the Office, The cover letter and petition were the only documents included. There was no indication that the organization had contacted the Commissioner of Revenue's Office to ask if they were eligible for tax exempt status by classification or designation, which is normally step one in the process. I spoke with the Commissioner's Office, and they indicated that the organization had in fact contacted them, and that the Commissioner's Office had sent them a letter dated April 14th indicating that they were not exempt by designation or classification and would need to submit a petition to City Council. The City Clerk's Office has indicated to me that the organization had no contact with them about submitting the petition, as they would normally refer the organization's representative to me to review with them the petition process. According to our procedures for determining property tax exemptions, "petitions forwarded by the City Clerk to the City Manager by April 15th :\ 2 for evaluation and recommendation to City Council will have an effective date of JulV 1 st". 'I i I I , I I " ,', i ., As noted above, the petition was dated April 7th, their cover letter tathe petition was dated April 14th; it was received in the City Manager's office on April 16th. As mentioned, the response from Sherman Holland's office was also not included nor was it referenced. In my meeting with them Monday, they provided me with a copy of that letter together with a letter from the IRS indicating the organization's exemption status as a 501 (c) organization. Prior to my meeting with Mr. Mason and Mr. Athanson, I had exchanged emails with Bill Hackworth about the circumstances surrounding the petition, and he was in agreement that they would be ineligible for the July 1 date. I indicated to them that they had missed the April 15th date, showing them that the petition had been date stamped as having been received on the 16th, and further noting that no reference had been made in their petition about their contact with the Commissioner's Office, Mr. Mason was quite upset and felt the City was "splitting hairs" since his organization had made a good faith effort to get the petition in by the 15th, and at this meeting they had provided me with the letter from Sherman Holland's Office. The organization's current annual real estate tax bill if $4,529 and its personal property tax bill is $700. Mr, Mason feels that if the exemption is granted by City Council, the organization should not have to pay the second installment of taxes, which would be $2,265. He believes that since City Council will have the final say in whether to approve or disapprove their exemption request, they should also decide, if the exemption is granted, whether it can be effective on July 1 st rather than January 1 st. That is why they plan to submit a sep?rate letter that they would like attached to their petition package for Council's consideration, I would also anticipate this will be a point they bring up in the public hearing that will be held as part of Council's consideration of the request, ~ Though the Angels of Assisi's petition package still needs to be formally distributed for review, from my own initial review of their information and how it compares to other tax exemption reques'ts we've received in the past, I believe the organization has now given us all the appropriate documentation to allow us to recommend to Council that the exemption be granted. However, I feel the effective date should be January 1, 2009 rather than July 1, 2008. Most organizations don't give us all of the information initially that is needed, but we work with them to obtain it, That has not been a problem previously because the others have not submitted their petitions so close to one of the deadlines, I sympathize with the Angels of Assisi's plight but, at the same time, if an "exception" is granted for them, where would we draw the line with future petitioners, In conclusion, as we move forward with the review of the package and develop the Council Report for this tax exemption request, I think it would be appropriate to include in the body of the report, in either the "Background" or "Considerations" section, the organization's request that if the exemption is approved, an exception be made for it to be effective as of July 1, 2008. This would allow their request for an exception to be seen by Council. However, in the "Recommended Action" portion of the report, we would recommend approval of the tax exemption request itself, but state it would be effective on January 1 , 2009. I don't believe we can recommend that ., r:.., ,~,-~ .- :; '1' ~ 3 the effective date be July 1 as that would contradict our own procedures and set a precedent that will create problems for the City going forward. Please let me know if you are in agreement with this approach. Thank you for your help with this. C: "'Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Sherman M. Stovall, Director of Management and Budget ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov July 22, 2008 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms, Burcham: I am attaching copy of Resolution 38168-072108 authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Walter, Robbs, Callahan & Pierce-Architects, Inc. P,A., d/b/a Walter, Robbs, Callahan and Pierce-Architects, P.A., for additional professional services for the construction phase of the Market Garage project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008, Sincerely, ~m,~oqy.) Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M, Hackworth, City Attorney R, Brian Townsend, Assistant City Manager for Community Development Sherman M, Stovall, Director, Office of Management and Budget James Grigsby, Assistant City Manager of Operations Robert K, Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Charles M, Anderson, Architect II Deborah J, Moses, Director, Hotel Roanoke Conference Center Sharon T. Gentry, Manager, Purchasing ~ JJ'\' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38168-072108. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Walter, Robbs, Callahan & Pierce-Architects, Inc. P.A., d/b/a Walter, Robbs, Callahan and Pierce-Architects, P.A., for additional professional services for the construction phase of the Market Garage project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's contract with Walter, Robbs, Callahan & Pierce-Architects, Inc. P.A., d/b/a Walter, Robbs, Callahan and Pierce- Architects, P .A., for additional professional services for the construction phase of the Market Garage project, all as more fully set forth in the City Manager's letter to this Council dated July 21,2008. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $210,000, all as set forth in the above-referenced letter. ATTEST: e-r- i~!~"" h~ ~~'T ,. mD<lW City Clerk. / R-Walter Robbs Callahan Contract Amendments-construction phase.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 July 22, 2008 CECELIA R, TYREE Assistant Deputy City Clerk Ann H, Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No, 38167-072108 appropriating funding to be provided by the Series 2009 Bonds to the Market Garage Repairs project, and amending and reordaining certain sections of the 2008-2009 Parking Fund Appropriations, The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008, and is in full force and effect upon its passage, Sincerely, .. m. h1o~ Stephanie M, Moon, CMC J 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 James Grigsby, Assistant City Manager of Operations Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Charles M. Anderson, Architect II Deborah J. Moses, Director, Hotel Roanoke Conference Center Sharon T. Gentry, Manager, Purchasing ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2008. No. 38167-072108. AN ORDINANCE to appropriate funding to be provided by the Series 2009 Bonds to the Market Garage Rep'airs project, amending and reordaining certain sections of the 2008-2009 Parking Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations . Appropriated from 2009 Bond Funds Public Parking Facilities 07 -540-8258-9301 07 -540-8262-9286 $ 6,640,000 (6,640,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~::. '7bqW .. " I STEPHANIE M. MOON, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cJerk@roanokeva.gov CIRCUIT COURT Received & ~ed .~- j By ~ Deputy Cle CITY OF ROANOKE SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R, TYREE Assistant Deputy City Clerk July 22, 2008 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms, Hamilton: I am attaching copy of Resolution No, 38166-072108 authorizing the issuance of $6,640,000,00 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City of Roanoke, The abovereferenced measure was adopted by the Council o( the City of Roanoke at a regular meeting held on Monday, July 21, 2008. SMM:ew Attachment Sincerely, ~o~~c~o~ City Clerk The Honorable Brenda S. Hamilton July 22, 2008 Page 2 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP 67 Wall Street, 11 th Floor, New York, New York 10005 Jay Conrad, Senior Vice President, BB&T Capital Markets, P. O. Box 1575, Richmond, Virginia 23218-1575 The Honorable Evelyn W, Powers, City Treasurer William M. Hackworth, City Attorney Ann H, Shawver, Director of Finance James Grigsby, Assistant City Manager of Operations Sherman M, Stovall, Director, Office of Management and Budget Robert K, Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Charles M. Anderson, Architect II Deborah J. Moses, Director, Hotel Roanoke Conference Center Sharon T. Gentry, Manager, Purchasing ~~ \J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA RESOLUTION N~8166 -072108 A RESOLUTION AUTHORIZING THE ISSUANCE OF SIX MILLION SIX HUNDRED FORTY THOUSAND DOLLARS ($6,640,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC PARKING FACILITIES OF AND FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF, AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATI~G TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $6,640,000 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing 'funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1, (a) Pursuant to Chapter 26 of Title 15,2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City, the City is authorized to contract a debt and to issue $6,640,000 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia~ General Obligation Public Improvement Bonds" (referred to herein as _the "Bonds"). 545542.1 031801 RES , (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No, R-I upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof, The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount 'specified in Section lea)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee, The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption, -2- 545542.1 031801 RES SECTION 2, The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due, In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose, SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). ( c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3( c) with regard to the authentication of such Bonds and of Section 8 with regard to the form of such Bonds shall be modified as. the Director of Finance shall determine to be necessary or appropriate. (d) The execution and ,authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4, (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry fonn and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other - 3 - 545542.1 031801 RES nominee of DTC a~ may be requested by an authorized representativ.e of DTC, interest on the Bonds shall be paid directly to Cede & Co, or such other nominee ofDTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series, Upon presentation at its office for such pmpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the' City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. . (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds, shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC, DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their ~nterest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co" as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds, Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be -4- 545542.1031801 RES accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants ofDTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting. through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid, All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds, (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7, (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financialjoumal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized,to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the ,aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of - 5 - 545542.1 031801 RES each series and, without further action of this Council, to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Bonds of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%), (b) The Mayor is hereby authorized and directed to execute and deliver to the ' . purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel, (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"), The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the' form to be included in the Official Statement under the caption "Certificate Concerning Official Statement", (c) The City Manager and the Director of Finance are hereby, authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof, (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. SECTION 9. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of -6- 545542.1 031801 RES Finance, The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%), If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7, If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance, The issuance and details of such Notes shall be governed by the provisions of Section 15,2-2628 of Title 15,2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 11, The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15,2-2607 of the Code of Virginia, 1950. SECTION 12, All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: ~~/.l '_, n~ m IJ}~.ff~ I r /. . ://)UYV ,']..: City Clerk. -7- 545542.1 031801 RES EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED No. R- REGISTERED $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment dat~, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co" as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative'ofDTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer, Interest on this Bond shall b.e calculated on the basis of a A-I 545542.1 031801 RES three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of ' , as the Registrar and Paying Agent, in the City of . , . Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15,2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991, The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or, in part from time to time on any date, in such order' as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (percentages of Principal Amount) to to and thereafter '- % '- If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of$5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption, If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal A-2 545542.1031801 RES amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premiwn, if any, payableupon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof, Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authoriz~d in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor, This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and'required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds ofthe City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not' exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. A-3 545542.1 031801 RES IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated the date fIrst above written. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. [ ], as Registrar By: Authorized Signatory Date of Authentication: A-4 545542.1 031801 RES .' , , . ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or type name and address, including postal zip code of Transferee) PLEASE lNSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appomtIng , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature( s) must be guaranteed by a member firm of The New York Stock Exchange, mc, or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever, A-5 545542.1 031801 RES 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 July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman p, Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Public Hearing on the Issuance of General Obligation Public Improvement Bonds for Market Garage Repairs and Authorization of Amendments to the Architectural-Engineering Contract for Additional Services for Fa<;:ade Design and Facility Expansion of the Market Garage Background: At its meeting on July 16, 2007, City Council authorized the execution of additional amendments to the Contract with Walter Robbs Callahan & Pierce Architects, Inc., P,A. d/b/a Walter, Robbs, Callahan and Pierce - Architects, P,A. (WRCP) that incorporated additional services necessary to complete the design development and construction document phases of the Market Garage parking facility project. The approved fee to perform these additional services was $ 3 50,000. On October 18, 2007, WRCP presented five Market Garage renovation schemes to City CQuncil. City Council requested that WRCP further study the first scheme, which included a new fa<;:ade with a six-story corner infill with retail upfit, and that it value engineer (VE) the project to reduce the total construction cost. On December 17, 2007, WRCP presented refinements to City Council on the first renovation scheme and included seven design options to reduce the overall cost. Council agreed to six of the seven VE items requesting that the brick veneer remain as planned on the north and east sides but be changed on the west and south elevations to E.I.F,S. (exterior insulation and finish system). The total of these six VE items resulted in a cost savings of $1 ,140,000. Honorable Mayor and Members of City Council July 21,2008 Page 2 In order for WRCP to continue providing architectural-engineering (A-E) services throughout the construction phase of the Market Garage project, an amendment to the contract is required in the amount of $210,000 for those additional services. The required A-E services will in general include site visits to observe on-going construction, review of shop submittals, address RFI's, attend progress meetings, and administer the special inspections program, which are essential to the successful construction of the Market Garage fa<;ade and expansion. This proposed fee for the additional services exceeds the greater of 25% of the original contract amount or $ 50,000; therefore, in accordance with the City Charter, City Council approval is needed to pay for such additional services through additional amendments to the current contract. Total project funding in the amount of $8,575,000 is necessary for the project. The Capital Improvement Program previously appropriated funding in the amount of $1,935,000 for the project with the additional $6,640,000 to be provided from the issuance of general obligation public improvement bonds, These bonds are expected to be issued in 2009, Advertisements have been properly made for the required public hearing prior to City Council approval of debt issuance. Recommended Action: Hold a public hearing at Council's regular 7:00 p.m, meeting on July 21, 2008, on the issuance of general obligation public improvement bonds in the amount of $6,64 million. Following the public hearing, adopt the accompanying resolution authorizing the issuance of bonds in the amount of $6,64 million for public parking facilities, This resolution shall include language declaring the City's intent to reimburse itself from the proceeds of these bonds, Adopt the accompanying budget ordinance to appropriate, in advance of issuance, $6,64 million of Series 2009 bond funding to the Market Garage Repairs account (07-540-8258). Authorize the City Manager to execute additional amendments, approved as to form by the City Attorney, to the City's contract with Walter Robbs Callahan & Pierce, Architects Inc., P.A., d/b/a Walter, Robbs, Callahan and Pierce - Architects, P,A. (WRCP) in an amount up to $210,000 for additional professional services as mentioned above. d, Darlene L, Burc City Manager Honorable Mayor and Members of City Council July 21, 2008 Page 3 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H, Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget Robert K, Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Charles M. Anderson, Architect II Deborah J. Moses, Hotel Roanoke Conference Center Director Sharon T, Gentry, Manager, Purchasing CMOB-OO 109 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- CITY OF ROANOKE DIRECTOR OF FI ROOM 461 215 CHURCH AVENUE, SW ROANOKE VA 24011 REFERENCE: 80162538 10971944 NOTICE OF PUBLIC HEARING Bond public parking NOTICE IS HERE8Y GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950; that the Council of the City of Roanoke, Virginia (the :'City'), will hold a public hearing on'Monday, July 21, 2008, at 7:00 P.M" local time, or as soon thereafter as the mailer may be heard, in the Council Chamber, Noel C. Taylor Municipal 8uilding, 215 Church Avenue, S,W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City (and in anticipation of the Issuance of any such bonds to issue general obligation public improvement bond' anticipation notes of the City) in the principal amount of $6,640,000 for the purpose of providing funds to I pay the costs,of the! I acquisition, construct,Jon, ~ recons~ruction, improve- f men t, ex ten s i.o n ,I I enlargement and equipping I of various public parking I facilities of'and for the City. I The members of the public I are invited to attend the public hearing and to appear and present their views on the proposed resolution. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, July 17, 2008. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C, Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: July 7, 2008 STEPHANIE M, MOON City Clerk City of Roanoke, Virginia 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 vif~~ia. Sworn and subscribed before me this _~~~~day of July 2008. Witness my hand and offlcial seal. .----- ' ~.- ~~ __ ~ _ _ otary Public Myfcommi ion e ires _~~~~J21J___. PUBLISHED ON: \\11111/1/1, ,\ E I, " W\C NLI " ", ?-. .."...r1~ '...... l~~.'..NOTARy.-.:~ '-:;. : t:: : PUBLIC '. 'j) ~ = *: REG, #332964 : * : : : MY COMMiSsioN: : ~CJ..'. ~PIR S, ,:~: -:. ~- ", .,' ~.,~ -:"~ ' " <:5':- '" (/~. .... .... ~~ ,,' "1" AlTl1 Cl~ \\", IIII/HII\\\ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- 07/07 07/14 TOTAL COST: FILED ON: 420.00 07/14/08 (10971944) Authorized Signature:_ Billing Services Representative \)V\~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, July 21, 2008, at 7:00 P.M., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, Noel e. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation public improvement bond anticipation notes of the City) in the principal amount of $6,640,000 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City. The members of the public are invited to attend the public hearing and to appear and present their views on the proposed resolution. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, July 17, 2008. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C, Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 240n. Dated: July 7,2008 STEPHANIE M. MOON City Clerk City of Roanoke, Virginia [TO BE PUBLISHED ON MONDAY, JULY 7, 2008, AND MONDAY, JULY 14,2008] 545541.1 031801 NTC [TO BE PUBLISHED ON MONDAY, JULY 7, 2008, AND MONDA Y, JULY 14,2008] 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: Ann H. Shawver Director of Finance 215 Church Avenue, S.W., Room 461 Roanoke, Virginia 24011 540-853-2824 Fax: 540-853-2940 2 545541.1 031801 NTC CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 . Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC !lroanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R TYREE Assistant Deputy City Clerk July 22,2008 Mr. Paul Adams Ms. Pam Braun 1801 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Ms. Braun and Mr. Adams: I am enclosing copy of Ordinance No. 38169-072108 allowing continuance of certain existing encroachments that extend variable distances into the public right-of-way from property located at the intersection of 1801 Belleville Road and Sherwood Avenue, S. W., upon certain terms and conditions. Pursuant to Paragraph 5, Ordinance No. 38169-072108 shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the property owner, has been admitted to record, at the cost of the property owner, in the Clerk's Office of the Circuit Court, for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 of the above mentioned Ordinance is on file in the Office of the City Clerk. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2008, and is in full force and effect upon its passage. Sincerely, ) ~ m. Yvloo-.v Stephanie M. Moon, CMC C City Clerk SMM:ew Enclosure Ms. Pam Braun and Mr. Paul Adams July.22, 2008 Pag e 2 pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist Cecelia R. Tyree, Assistant Deputy City Clerk Glenn A. Asher, Risk Management Officer PD.. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2008. No. 38169-072108. AN ORDINANCE allowing the continuance of certain existing encroachments that extend variable distances into the public right of wayfrom property located at the intersection of 1801 Belleville Road, SW, and Sherwood Avenue, SW, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public' hearing was held on July 21,2008, pursuant to g~ 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed encroachment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to permit the continuance of the following four existing encroachments into the public right of way from property located at the intersection of 1801 Belleville Road, SW, and Sherwood Avenue, SW,: (1) a retaining wal~ that encroaches approximately 9.0 feet into the right of way at Belleville Road, (2) steps that encroach approximately 16.0 feet into the right of way of Belleville Road, (3) a garage that encroaches approximately 2.4 feet into the right of way of Sherwood Avenue, and (4) a brick wall that encroaches a variable distance ranging from 1.0 feet to 3.7 feet into the right of way of Sherwood Avenue, as more particularly set forth in the City Manager's letter to this Council dated July 21,2008. 2. It shall be agreed by the undersigned property owner that, in maintaining such encroachments, the property owner and his grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property that may arise by reason of the above- described encroachments. 3. The property owners, its grantees, assigns or successors 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 $300,000 of general liability insurance. The certificate of insurance must , list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance 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. 4. The City Clerk shall transmit an attested copy of this ordinance to the property owners . at 1801 Belleville Road, Roanoke, Virginia 24015. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the property owner, has been admitted to record, at the cost of the property owner, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only s~ long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. 6. ' Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:" (J-fo.d,' in. Mow A~erk ( The undersigned, the owners of 1801 Belleville Road, SW, and designated as Roanoke Tax Map No.1441214, hereby acknowledge that they have read and understand the terms and conditions stated above and agree to comply with those provisions. Paul Adams Pam Braun COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this _ day of , 2008, by Paul Adams. My Commission expires: Notary Public COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this _ day of ,2008, by Pam Braun. My Commission expires: Notary Public 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 July 21, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Courtney G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Encroachments into Public Right-of-Way for Retaining Wall and Steps at 1 801 Belleville Road, SWand Existing Retaining Wall and Garage on Sherwood Avenue, SW Dear Mayor Bowers and Members of City Council: Background: The property owner of 1801 Belleville Road has constructed a new retaining wall adjacent to Belleville Road 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 dating back to previous owners. These existing encroachments consist of steps adjacent to the proposed wall encroaching approximately 16.0' into the right-of-way; a garage encroaching approximately 2.4' into the right-of-way on the adjoining street, Sherwood Avenue; and a brick wall encroaching into the right-of- way at a variable distance ranging from 1.0' to 3.7'. Please see the attached plat. The owner has requested the City allow the continued encroachment of the described buildings and structures, as permitted by See. 15.2-2011, Code of Virginia. Recommended Action: Authorize the City Manager to execute;the appropriate document(s) granting the encroachment as described above, such document to be approved as to form by the City Attorney. I ~ ....' .' I Darlene L. Buifr:ham City Manager V Honorable Mayor and Members of City Council July 21, 2008 Page 2 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00 11 3 LEGEND o IRON PIN SET . IRON PiN FOUND THIS IS TO CERTIFY THAT AN ACTUAL FIELD SURVEY OF THE PRE"'SES SHOWN HEREON HAS BEEN PERFOR"EO UNDER lAY SUPERVISION; THAT ALL '''PROVE''ENTS AND VISiBLE EVIDENCE OF EASE"ENTS ARE SHOWN HEREON, ANO THAT THERE ARE NO ENCROACH"ENTS BY '''PROVE''ENTS EITHER FRO" ADJOINING PREMISES OR FRO" SUBJECT PREMISES OTHER THAN SHOWN HEREON. THIS' SURVEY WAS PERFORMED WITfiOUT THE BENEFIT OF A TITLE REPORT ANO IS SUBJECT TO INFORMATION WHICH "AY BE' DISCLOSED BY SUCH. PROPERlY IS IN F,E.MA DEFlNED ZONE X UNSHADED. \ ---~ 20 I ALLEY N/F BEYERL Y C SLAUGHTER .fNS! 060003572 TAl:' .#/441215 -- ..., ;g- 22 <:.J '<( -', ~ ~.....: ~;:s '=-~ 8.~ ~cS ". ~ ,'f::~ C',~. ~~ ~' ~.. ! ~~ ~ I ~~l <<: I I FENCE . LINE LI L2 DEED LENGTH 46.40' 86,90' GRAPHIC SCALE ~..~o '" I IN FEET ) 1 inch = 20 ft. NOTES: 1. OWNERS OF RECORD' PAM BRAUN PAUL ADAMS 2. LEGAL REFERENCE: INSTRUMENT #040018581 3. TAX MAP NUMBER: 1441214 4. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES. DRN:EWM I CHK:KLS .......... ~I>-\.. It{ 01'" . ...:-",*"v . to/..~ ~,jF.; , 12.$ ~J3:>~~.t~ 18 BRIAN J. CASELLA ;~ ~ Li'c. No.002806 J \. 5 -\ 2-. .:le,.~ $' .~. /4 ~-\G',;o.'" '. . '!VD <;1 'R\! \, _t(" .......--- 6/1PAGE 1i 2.4' ",,"' i\ c. ........ ;t.-~\ _. j\ ;" \ j;\., <7,$~\ r~~'~ \\. 11<4'-'- ~Y( V;AU, Ar~~t/ ~, ~ \ ~o~u, \ \X ""-,.,, LOT 27 ~ ~ 0.226\\ ACRE\~\- \ \\ a " ~; \\ - 1 If).' c\: '\1: ') 7/2 STORY B/?//'K. ,f 78rj"j l..?,"O' \0 :c' BELLEVILLE ROAD, S. W. (PLATTED LAFAYETTE PLACE) 80' R/W 80 I ~ V) '"' \.il W~ ~~ z ~"'" \.:.ij' 0," '> ~oc <t..":, "6 ~\C a~ C)a ~ C)~ ~o. Ct:.~ w ::r:. 9) \\ ..-//~' \\y-iU'" \<#37' \~ -".. tn \\ ~ \\ \ \\ \\ \\ \\ \\. _1 'Y' u,...-I,4',; \\ "'.41' \\ r,., "..L XV) X, \1 __t-'--1;O' \\ PIPE BEARS \\ SI8'43'50'W 0.44' 1\ FROM CORNER \\--J .. 1\ i1'\; \\ '))1_ _ .] PHYSICAL 'IMPROVEMENT SURVEY PAM BRAUN PAUL ADAMS 1801 BELLEVilLE ROAD, S.W. LOT 27 BLOCK 12 METROPOLITAN HEIGHTS ADDITION PLAT BOOK 1, PAGES 116-117 (RI<E. CO.) CITY or ROANOKE, VIRGINIA SURVEYED ~A/lRCH 24. 2008 JOB #R0820080,00 SCALE: 1" = 20' REVISED 5-.12-08: ADD DIMENSIONS TO RETAINING WALLS ALONG BELLEVILLE RD.. S.W. ONLY. FOR TEL: 540-772-9580 F.I\X: 540-772-80:'>0 PLANNERS ARCHITECTS ENGINEERS SURVEYORS Balzer & Associates, Inc. 1208 Corpol"ole Circle Roanoke Vo. 24p18 oPLAN"'tR~ oARCHITf.crs Q(ilirNti:J1S oSUR'I(Y~S 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 \111111/1//1 I "~,II w.cENI-; III" I " \>-. , .. . , , (;:& - " I ~" ~,..'NOTARy.'.:.'7~ "-:;. I = &,: PUBLIC ". -:? ~ = : REG. #3329?4 ': * = 1 ~: \. MY~CEO~MISS10N ./ ~ 1 I -:. q,- '. - .' C2f ~ I ,,-~- . . ~ " TOTAL COST: 402.00 ",'''70 '...... " ~"", I FILED ON: 07/11/08 ",WJ.VEALT\-\C}~.~'" I . 1111""'1\1\\\' . ----------~---------------------------------------+----------------;------- Billing Services Representative ADAMS, PAUL 1801 BELLEVILLE ROAD ROANOKE VA 24015 SW REFERENCE: 80132719 10965119 Encroach right of wa 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 Vif~~~ia. Sworn and subscribed before me this _~~_day of July 2008. Witness my hand and o~al seal. -f~ ?4:___ - --~?i-;- ~ot,\ry ~ublic M comm~~ion ex ir,es ---1~ji~Q1J---_' PUBLISHED ON: 07/04 07/11 Authorized Signature: ,&1,,- . ----------~-----, ---- ~-- NonCE OF PUBLIC HEARING I . The Council of the City of Roanoke will hold a public hearing on Monday, July 21 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard in. the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roa~oke, Virginia, to consider the following matter: Pursuant to ~15.2.2011 of the Code of Virginia (1950)' as amended, the City Council shall.co.nslder granting permIssion to allow the continuance of the following four existing encroachments into the, ,public right of way from ,property located at the i intersection of 1801 'Belleville Road, SW and Sherwood Avenue, SW: (1) a ,retaining wall that 'encroaches approximately 9.0 feet into the right of way , at 8elleville Road, (2) steps that encroach approximately 16.0 feet into the right of . way of Belleville Road, (3) a garage that encroaches 'approximately 2:4 feet into the right of way of Sherwood 'Avenue, and (4) a brick wall that encroaches a variable : distance ranging from 1.0 . feet to 3.7 feet into the right of way of Sherwood Avenue. I All parties in interest and citizens may appear on the ,above date and be heard on 'the .matter. If you 'are a I person with a disability who needs accommodations for , this hearing, please contact j the City Clerk's Office, at 853.2541, before noon on Thursday, July 17, 2008 before the date of the h~aring listed above. , GIVEN under my hand this : 25th day of June, 2008. Stephanie.M. Moon, CMC City Clerk. (10965119)' , vac NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, July 21, 2008, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in ,--' the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W" Roanoke, Virginia, to consider the following matter: Pursuant to S 15.2-2011 of the Code of Virginia (1950) as amended, the City council shall consider granting permission to allow the continuance of the following four existing encroachments into the public right of way from property located at the intersection of 1801 Belleville Road, SW and Sherwood Avenue, SW: (1) a retaining wall that encroaches approximately 9.0 feet into the right of way at Belleville Road, (2) steps that encroach approximately 16.0 feet into the right of way of Belleville Road, (3) a garage that encroaches approximately 2.4 feet into the right of way of Sherwood Avenue, and (4) a brick wall that encroaches a variable distance ranging from 1.0 feet to 3.7 feet into the right of way of Sherwood Avenue. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Thursday, July 17, 2008 before the date of the hearing listed above. GNEN under my hand this 25thlay of June ,2008. Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, July 4,2008 and Friday, July 11,2008. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Pam Braun and Paul Adams 1801 Belleville Road, S. W. Roanoke, Virginia 24015 (540) 581-1004 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 July 24, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Background Information on Countryside Golf Course As requested during your July 21 st City Council meeting, enclosed are materials related to the City's study in 2002-2003 of the Countryside site for housing opportunities. Also enclosed is a copy of the Request for Proposals that the City issued for the development of the property in 2006. I will be sending you additional information next week that will be part of the discussion on Countryside at your August 4th meeting. Respectfully submitted, Darlene L. Burcham City Manager DB/ld Enclosures c: Stephanie M. Moon, City Clerk "- '-.., ~;. . .' :'~ . " j i I I' \ l- I i I I ,,~ I j I ,mf[,~W~WLl~~'~~~ <. T ~. C'TS .~ ' ' .' ,:,,~~ ",;', "( -', - .-1' " " , r{e: C:oun:b:Y~iae' Gblf;Cc>urse' Feasibility \.,': ,f....~..:,>,.,f.~..'~~.". ,;,";'-",.-, ,jo "._"~-"f 'J ,....,. ".,. '.. :"': "'tl ' I' -,.' .';;,,,,' , " ",'" I I.,! : I' I , '. Existip.g,Coilditidns'~ ~, . '. 0., ',," . The Countryside Golf Course site is a, 139acre:pu1:llic'golf course. Access. iothqitei,sby Peters Greek'Ro'adtoCove Roid orbyt;fieFrontage Road alon.gi~481. Neither RroVidea , . true front' door to the site,thoughsome'xpoderate.,[oad imprqvements. cptild probably ,'resolve thisissue;: '" ,. ,. . . ...., ." .' . . ;, Asignificantnumber 9f small, single-sto~ ~'villas"hayeJj,eeri c9nstroct~d,alon~~~ch " Road, Arrow Wppd Road, MattaponiPtive; all,dT,t!~~wap.a ~ircl~. lbe C9!is~ction of . th~se units sCflttered tht:qughout .th,e site caq b~"a ~puic:e .of fi:ustr~tioI1 for future planning ~s the'rie~ residents h~ve certain. e~pe~ta.tiqns,()f b~cking up tq ~e oP~l1 space qf~ gorf . "course,aqdhavl7 p.o doubt sacrificed their priv~te rardareafo~, thls "cor.mnonspace". Th~y ~.~sp h~v~ expe<;,tations for ()tl1er ~e~elopmept in: the .iirea that is'comparable to theirs, .',. .., '.. .', 'i,. "." ",' ,r.... ". ': ' Add1d6~~i:d1~'afro~ f~ykare qcite narrbw,~angmg i~~ee~r50~200;feet ~d~. In ',' short; they &ck sufficient width for an.'lldditional double-Ioadeo s~eet: Thec~presehce of '.an~or't clear. zone and the Interstate inike this area more 'neisy than tnost~ .' . ~"'" c ... , .~ '.._~ .-' t" . .~' __~_ . .. - l ..', .. c . ~::1\dditioriar cotis,thtints around thispafc~l include tWo apartrheht'c2omplexes, .one of which, . '. 1S' weI1.:.maintained \vliilethe other reqUires . substaritial capital investment andmaintenance,- 'and som~: ught industria]: devel()p~eiit along the frontage road;" . :" ,.j',' CAROLINAS Y' I I I r. i " I DENVER' .\ iFoi,th'e putposesof this:srody,'we fO<:ll:s~d onfue'ce~trai 8~a<:ies oftne property. We ,determined that the por~on ofthegc# course to thenorthofthe flight pathjs largely ir1 a floo9plain indis ,'geQett~lly~unbuildable,. ex~ept as a park. Also, as mentioned in the pievioussectiQn, we did,not co,nte:nplate"any c:ieyelopment?ehind We recendy cQhstruc:teq villas, . .:1" 'NEW YORK .1 ~ > , '. ',.1 ~'_" " _, ,,_I .. ,,_ . . ,"," ..: __ .. ,.-, .., .: _> ' ':r'he s!=h~!TIa!icplaHningior..the pote~tiar redev:elopm~~fo(~s ~itew3.s complet~cl Under the '. ".llSsu~pt:ion()f~2.o~fl~tnce~th ~e Cio/'s rec~!;dyaclop~~dC6mprehe~~iv~ Plan. This Plan ~alls . . fo~, the. C()Os~tti~n o,f new:, n~ighbor;hoods as. inixe(l:us~,. p~~~s triatl-fr~enflly traditional 'neighborhoods. .' . .', . , . . .' '.' '.' .'. , " '-.. "., Co .'. .,.... '., .. . "',< " q,'. " . ,. ~ Sf: lOUIS {~ To that end, three schemes were developed. Each scheme assumed complete redevelopment of the golf course, though a substantial amount of useable open space was retained in public greens, squares, and playground scattered throughout the site. Each scheme also includes an interconnected network of streets, many of which provide new connections from the existing neighborhoods to the frontage road. The plans proposed are intended to be market-driven plans with a number of varieties possible for each depending on the general market conditions at the time. In particular, we recognize that there is a strong aversion to additional for-rent properties in the City. All building types in these Options can be created as for-sale product. For example, the proposed apartments can either be designed as traditional condominiums or perhaps could be converted to assisted living/ actin adult condominiums. Option A This option is a primarily residential scheme that includes a wide variety of housing and lot sizes ranging from 60-80 foot wide single family lots to townhomes. Some light-industrial/mL"{ed-use parcels can be created along the frontage road adjacent to the existing light industrial uses, A 5.7 acre green and pool/ community center is located in the center of the neighborhood in the approximate location of the existing clubhouse. The site can accommodate approximately 428 housing units and an additional 15,000 square feet of flex commercial space. Option B Also known as the mL"{ed-use neighborhood center scheme, this proposal establishes a mixed use neighborhood center in the general location of the existing indoor tennis court facility. The neighborhood center is supported by diverse housing types and styles. In addition, a series of greens are scattered throughout the neighborhood, providing small gathering places along with opportunities for unique block identification using landscaping elements. The proposal includes 382 housing units, 27,600 square feet of neighborhood retail (dry cleaners, hair salons, specialty stores, etc.), with an additional 27,600 of upper story office uses above the shops. Like Option A, 15,000 of light industrial space is provided along the frontage road The total useable public open space provided is approximately 4 acres Option C This alternative combines the two essential ingredients of A & B with an increased number of housing units and types and a small, mixed-use neighborhood center. Like Option A it maintains a long linear green near the neighborhood center. This plan provides 438 housing units, 27,600 square feet of neighborhood retail, 27,600 square feet of upper story office space, 15,000 square feet of flex cOmn1ercial space, and a 5.7 acre park system. Building Types In order to constmct any of these neighborhood plans, we assumed the introduction of a number of new building types that are not present in the Roanoke Valley construction market. These building types include narrow lot homes, urban homes, traditional townhomes, and higher quality apartment/ condominium buildings. Examples of these building types are shown on the pages entitled Conceptual Images. Summary and Recommendations The purpose of this study was to determine the design feasibility of redeveloping the Countryside Golf Course. Based on our professional analysis, the redevelopment of the site as a traditional neighborhood is practical and feasible. We recommend the following next steps: 1. Negotiate an Option to Purchase with the current owner for a period up to 1 year 2. Conduct a public design charrette (week-long, intensive planning workshop) for the site and develop a preliminary, market-driven master plan 3. Begin "shopping" the site around to area and regional developers before, during, and after the charrette 4. Streamline the approval process for developers complying with the plan (Administrative approval) We have completed two plans recently using this model with great success. Both projects are in Cornelius, NC and greatly benefited from the early detailed planning completed by the City. A third project is underway in Greenville, Sc. tJ) w => z w > .....W Z~ ~~ Q,,~ Ow ...II- We:( >..... WtJ) Ow w..... 0<( cnW )=0::: O:::..JI 11==-<( z:> ::::>z Oz 0<( 00000 00000 00000 ciciciLrici OO'<tN'<t '<t'<t0............ cri cti Lri ...: '<to N EI} EI} EI} EI} EI} 00000 00000 00000 ciciciLrici OO'<tN'<t 10100............ 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CD IX) In N M .... ~ Q) :J iii > -c Q) VI VI Q) VI VI <l:: ro :J c: .5 .... ~ .... .,. @ >< l'CI I- Cll - l'CI - <Il Cll Iii GI 0:: iii :::J c: .s ,0',1 Countryside Go~f Course Development Project Trip Generation 210 Dwelling Units 176 0.75 25 75 33 99 132 230 Dwelling Units 84 0.44 17 83 6 31 37 220 Dwelling Units 168 0.51 16 84 14 72 86 710 . 1000 S . Ft. 7.5 1.56 88 12 10 1 12 820 1000 S . Ft. 7.5 1.03 61 39 5 3 8 Total 68 206 274 ;m;' 210 Dwelling Units 176 1.01 64 36 114 64 178 230 Dwelling Units 84 0.54 67 33 30 15 45 220 Dwelling Units 168 0.62 67 33 70 34 104 710 1000 S . Ft. 7.5 1.49 17 83 2 9 11 820 1000 S . Ft. 7.5 3.74 48 52 13 15 28 Total 229 137 367 210 Dwelling Units 178 0.75 25 75 33 100 134 230 Dwelling Units 36 0.44. 17 83 3 13 16 220 Dwelling Units 168 0,51 16 84 14 72 86 710 1000 S . Ft. 7.5 1,56 88 12 10 1 12 820 1000 Sq. Ft. 7.5 1.03 61 39 5 3 8 820 1000 Sq. Ft. 27.6 . 1.03 61 39 17 11 28 710 1000 S . Ft. 27.6 1.56 88 12 38 5 43 Total 120 206 326 Single Family Detached 210 Dwelling Units 178 1.01 64 36 115 65 180 Townhouses 230 Dwelling Units 36 0,54 67 33 13 6 19 . Apartments 220 Dwelling Units 168 0.62 67 33 70 34 104 Flex- Office 710 1000 Sq. Ft. 7.5 1.49 17 83 2 9 11 & Retail 820 1000 S . Ft. 7.5 3.74 48 52 13 15 28 . NBH Retail 820 1000 Sq. Ft. 27.6 3.74 48 52 50 54 103 Upper Office 710 1000 S . Ft. 27.6 1.49 17 83 7 34 41 Total 270 217 487 /\ ", Countryside Golf Course Development Project Trip Generation ;,:,;t":Z'~;;i1:;\;~;Z;i;'I,:;J~;~,'\:A';' M~:,peak;Hou't 7. .'$' a.I11:~' iil~f~1i~:ii\y,~;;,t::.\f4~,~\,;;}:~;#~;;,i,;;1:~~P,~(l~:'f r:!p;It~P~~;t1~J;?~l!;\~: 1'AI :Eriter; o/ciiExitL ;;,Ehtering~ ii;ExitingiJ";rri sn; 210 Dwelling' Units 168 0.75 25 75 32 95 126 230 Dwellin Units 102 0.44 17 83 8 37 45 220 Dwellin Units 168 0.51 16 84 14 72 86 710 1000 Sq. Ft. 7.5 1.56 88 12 10 1 12 820 1000 S . Ft. 7.5 1.03 61 39 5 3 8 820 1000 S . Ft. 27.6 1.03 61 39 17 11 28 710 1000 S . Ft. 27.6 1.56 88 12 38 5 43 Total 123 224 347 'tan Single Family Detached 210 Dwelling Units 168 1.01 64 36 109 61 170 Townhouses 230 Dwellin Units 102 0.54 67 33 37 18 55 Apartments 220 Dwelling Units 168 0.62 67 33 70 34 104 Flex - Office 710 1000 S . Ft. 7.5 1.49 17 83 2 9 11 & Retail 820 1000 S . Ft. 7.5 3.74 48 52 13 15 28 NBH Retail 820 1000 S . Ft. 27.6 3.74 48 52 50 54 103 Upp~r Office 710 1000 Sq. Ft. 27.6 1.49 17 83 7 34 41 Total 287 225 512 *. Average trip ends on a weekday, peak hour of adjacent street traffic, one hour between these hours. m l~W~[~~[ ~~~~~ ARCHITECTS PrOject Memorandum Date: 7.15.2003 Project Number: 03205.001 From: . Craig Lewis To: Mike Etienne side Golf Course Feasibili - Additional Anal SIS Existing Conditions The Countryside Golf Course site is a 139 acre public golf course. Access to the site is by Peters Creek Road to Cove Road or by the Frontage Road along 1-581. Neither provide a true front door to the site, though some moderate road improvements could probably resolve this issue. P.O. BOX 1836 DAVIDSON. NC 28036 (704) 896-1696 (704) 896-1697 FAX A significant number of small, single-story "villas" have been constructed along Ranch Road, Arrow Wood Road, Mattaponi Drive, and Tuckawana Circle. The construction of these units scattered throughout the site can be a source of frustration for future planning as the new residents have certain expectations of backing up to the open space of a golf course, and have no doubt sacrificed their private yard area for this "common space". They will also have expectations for other development in the area that is comparable to theirs. Additionally, the actual fairways are quite narrow, ranging between 150-200 feet wide. In short, they lack sufficient width for an additional double-loaded street. The site is also located adjacent to a busy Interstate Highway and in close proximity to Roanoke Regional Airport. A portion of the site is located in the airport clear zone. The projected 2005 noise contours as identified in the 2001 14 CFR Part 150 Update of the . Noise Exposure Map also place a portion of the DNL 65 contour across the site. AUSTIN Federal Guidelines discourage the placement of noise sensitive uses including residential, schools, hospitals, and churches between the yearly day-night average sound level (DNL) contours of 65 decibels and 70 decibels. Areas where the yearly day-night average sound level (DNL) is less than 65 decibels are considered acceptable for all types of uses. CAROLINAS DENVER In short, the co-presence of an airport clear zone and the Interstate make this area more noisy than most, though not intolerable. These conditions are comparable to other neighborhoods in similar urban environments. NEW YORK Additional constraints around this parcel include two apartment complexes, one of which is well-maintained while the other requires substantial capital investment and maintenance, and some light industrial development along the frontage road. ST. LOUIS \! General Overview For the purposes of this study, we focused on the central 80 acres of the property. We determined that the portion of the golf course to the north of the flight path is largely in a floodplain and is generally unbuildable, except as a park. Also, as mentioned in the previous section, we did not contemplate any development behind the recently constructed villas. The DNL 65 noise contour also dictated design solutions that were either noise tolerant (non-residential) or undeveloped. As a general recommendation, additional noise-reducing insulation should be installed in all residential units in this area to further lessen the impact of the ambient noise of both the airport and the interstate. The schematic planning for the potential redevelopment of this site was completed under the assumption of compliance with the City's recently adopted Comprehensive Plan. This Plan calls for the construction of new neighborhoods as mixed-use, pedestrian-friendly tradition~l neighborhoods. II To that end, three schemes were initially developed. In addition, following the completion of the revised Airport Noise Exposure Map, two additional concepts were developed. Each c~lncept assumed complete redevelopment of the golf course, though a substantial amount of u$~able open space was retained in public greens, squares, and playgrounds scattered throughout the site. Each concept also includes an interconnected network of streets, many of which provide new connections from the existing neighborhoods to the frontage road. The plans proposed are intended to be market-driven plans with a number of varieties possible for each depending on the general market conditions at the time. In particular, we recognize that there is a strong aversion to additional for-rent properties in the City. All building types in these Options can be created as for-sale product. For example, the proposed apartments can either be designed as traditional condominiums or perhaps could be converted to assisted living/active adult condominiums. . For the purposes of this memo, we have chosen to focus our discussion only on Conce~~s D & E as they reflect the most accurate base conditions for the area. Ii, Each concept also includes a small neighborhood center at Lewiston Street. This center is proposed at approximately 50,000 square feet with a mix of retail and office uses in two-story buildings. Both concepts also reflect a mixed-use neighborhood with a broad range of housing types including urban single-family (narrow lot), townhomes, and apartment buildings. While Concept E preserves the existing alignment ofTuckawana Circle, Concept D proposes to create a new road that services a small professional office development. This office development, neighborhood in scale, is depicted in this location due to its location Within the DNL 65-70 noise contour. As an alternative, Concept E depicts a 10 acre park with active ballfields. Building Types In order to construct any of these neighborhood plans, we assumed the introduction of a number of new building types that are not present in the Roanoke Valley construction market. These building types include narrow lot homes, urban homes, traditional townhomes, and higher quality apartment/ condominium buildings. Examples of these building types are shown on the pages entitled Conceptual Images. Summary and Recommendations The purpose of this study was to detenrune the design feasibility of redeveloping the Countryside Golf Course. Based on our professional analysis, the redevelopment of the site as a traditional. neighborhood is practical and feasible, but not without its challenges. Some public money will likely be necessary to prove the financial success of the project, but this amount has not been determined. This subsidy will likely be in the form of infrastructure, tax incentives, or both. We recommend 'the following next steps: 1. Negotiate an Option to Purchase with the current owner for a period up to 1 year 2. Conduct a public design charrette (week-long, intensive planning workshop) for the site and develop a preliminary, market-driven master plan 3. Begin "shopping" the plan around to area and regional developers before, during, and after the charrette 4. Streamline the approval process for developers complying with the plan (Administrative approval) We have completed two plans recently using this model with great success. Both projects are in Cornelius, NC and greatly benefited from the early detailed planning completed by the City. A third project is underway in Greenville, SC and Buena Vista, VA is considering a similar project. Countryside Feasibility Study \ <; <jl ,#' ,," ~~ . ! !~.!!!I~.I,~m~! I CllydROOftOb I~~ I I I I I i I I i I </ i -/ I ,/ I .., ; i i~#'?' . I I """ WIlHam ReRUng J I , High School ~ l.__,_____.__.__~_________~.~________ 1.-.d<<ll*S.W_ ~ ~ /' /~ ~ ,- I I I I I I I I I --- I I :;;::- I I i I , I 'I c.. WIlHam Reming I ~. ~4 .-~ I L_.______~______.______________J \ ...-.." 'In__ ..-.."..-...., Pw rpose of study [] Develop feasible design alternatives for the redevelopment of thE? property . . ClAssumptions: . - COIli1plete r~development of golfcollpse. - Traditional neighborhood development pattern in accordance vvith Comprehensive Plan _ Preserve expectations of existing for-sale homes/villas along golf cOllrse .mBIWI--.----.---... - 7/29/2002 J IIi 11I1I~lli~ I ''''''''-'Il.i.".i'Il"1 ! I c.cr~~ 1'-- A"cjedlUOO3002 i I !~. I-- 1___ I :-::_ I ...'-- ! _._. I High School j ~ L____._________________.___.._____.J I I I i I I I I I I I I I I I I I ! co.. WIlHam Reming >\'''00' High School L___________ __________ \ <; .<jl \ '. ~":",' ,//' . '/,'S\%t !.;~\~~~I .I' .~ ~J: ,,/ \";"'''''''':1~.1''' ~. .:\L":S' .J!>/ ~ .,-"" r 1!~.!~m'f.!~!1. I ! CIlJ'crfRoat>oke ir~lqlmetIIa...1r j Projedll..OO3002 I=:- 1..;;;;- ~=:f.~_ ~ 1 . COlmlryside Feasibility Study ilK Im1IIlltl~Ulll~ CoNCEPTUAL IMAGF.s - l.U_.Iok'~ib IIIlmuuml~UOO~ CoNCEPTIiAI. IMAGF.s 7/29/2002 === IIl1mWl!lltmlll~ CoNCEPTUAl. IMAGES ,\.......... 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"'I:l Cl Q) Q) - s~ ~ 0 ~~ oc~ -13 ~ CI:l ~ 0 . ~ '-"' a; "; c;.J ~ ~ :; o o "t: Q,) Q,) 5 ~ ~ e::r e~ o .~ i:C ~~ Fe ~ ~ .a ~ ~ ;.. ~ o Q) ~ .- ~ ~ ( , > , CITY OF ROANOKE, VIRGINIA REQUEST FOR PROPOSAL Other than Professional Services FOR ACQUISITION AND MASTER DEVELOPMENT OF THE COUNTRYSIDE PROPERTY RFP NUMBER 06-06-04A OPENING DATE: August 31,2006 OPENING TIME 2:00 P.M. The Request for Proposal and related documents may be obtained during normal business hours from the Purchasing Division located in the Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Room 353, Roanoke, VA 24011, or from the City web site at www.roanokeva.qov under Community.. . City Departments... Purchasing... ... Current Bid Request. THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS April 24, 2006 Rev 1 Date of RFP: Jul{17,2006 REQUEST FOR PROPOSAL (RFP) RFP No. 06-06-04A Issue Date: July 17, 2006 Title:AC QUISITION AND MASTER DEVELOPMENT OF THE COUNTRYSIDE PROPERTY Issued By: City of Roanoke For: Purchasing Division Noel C. Taylor Municipal Building 215 Church Ave., SW, Room 353 Roanoke, VA 24011-1517 Phone (549) 853-2871 FAX (540) 853-1513 Email: Sharon.aentry@roanokeva,aov City of Roanoke Planning Division Noel C. Taylor Municipal Building 215 Church Ave" SW, Room 166 Roanoke, VA 24011 Phone (540) 853-1730 FAX (540) 853-1230 Email: planning@roanokeva.gov Sealed proposals will be received on or before 2:00 P.M., August 31, 2006, for furnishing the services and/or items described herein. The time of receipt shall be determined by the time clock stamp in the Purchasing office. All questions must be submitted before 5:00 p.m., August 24, 2006. If necessary, an addendum will be issued in the form of a facsimile and posted to the City web site at www.roanokeva.Qov under Community... City Departments ... Purchasing ... Current Bid Requests. If proposals are mailed, send directly to the Purchasing Division at the address listed above. If hand delivered, deliver to Purchasing Division at Noel C. Taylor Municipal Building, 215 Church Ave., SW, Room 353, Roanoke, VA. THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS. The City reserves the right to cancel this RFP and/or reject any or all proposals and to waive any informalities in any proposal. This section is to be completed by the Offeror and this page must be returned with the proposal. In compliance with this request for proposal and subject to all terms and conditions imposed herein, which are hereby incorporated herein by reference, the undersigned offers and agrees to furnish the services and/or items requested in this solicitation if the undersigned is selected as the successful Offeror. No proposal may be withdrawn for a period of sixty (60) days after the opening of the proposal, except as provided in the RFP. Legal Name and Address of Firm: Date: By: (Signature in Ink) Name: (Please Print) Zip: Title: Phone: FAX: Email: Business License# April, 2006 Rev 2 TABLE OF CONTENTS REQUEST FOR PROPOSAL NO. 06-06-04A ACQUISITION AND MASTER DEVELOPMENT OF THE COUNTRYSIDE PROPERTY INTRODUCTION ........ ............ ..... ......... ... '" ... ..... ......... ..................... ... ...... ...... ....... ........ 4 SECTION 1. PURPOSE. .................... ...... ...... ... ........... ............. ....... ......... ... ..... .... ......... 6 SECTION 2. BACKGROUND. .. ......... ......... ... ......... .................. ................... ..... .............. 6 SECTION 3. I NSTRUCTIONS TO OFFERORS. ............................................................ Z SECTION 4. MiSCELLANEOUS................................. ................. ,................................ 10 SECTION 5. PROTESTS....................... .............. ............ ..................... ........ ............ ..... 11 SECTION 6. SERVICESIITEMS REQUiRED................................................................ 11 SECTION 7. EVALUATION CRITERIA......................................................................... 12 SECTION 8. SELECTION PROCESS. ......................................................................... 14 SECTION 9. INFORMATION ON CONTRACT TO BE AWARDED.............................. 15 ATTACHMENT A. MAP OF PROJECT AREA.............................................................. 16 April 24, 2006 Rev 3 CITY OF ROANOKE, VIRGINIA REQUEST FOR PROPOSAL FOR ACQUISITION AND MASTER DEVELOPMENT OF THE COUNTRYSIDE PROPERTY RFP NO. 06-06-04A INTRODUCTION The City of Roanoke, Virginia, is seeking competitive proposals from qualified Offerors for the acquisition and master development of certain properties for a new mixed-use neighborhood on the properties located along Cove Road, NW (the "site" or "property") in accordance with all terms, conditions and specifications as set out in this Request for Proposal (RFP). The site is 123 acres, more or less, located four miles northwest of downtown Roanoke generally situated between Cove Road, Peters Creek Road, Interstate 581, and Hershberger Road. The RFP and related documents may be obtained during normal business hours from the Purchasing Division, (540) 853-2871, or from the City web site at www.roanokeva.gov under Community.. .City Departments... Purchasing... Current Bid Request. The City proposes to convey the property to the successful Offeror, whether it be a single firm or a team of firms, that will act as the Master Developer. The successful Offeror will be required to enter into a contract with the City that will set forth the terms and conditions of such conveyance. The property will be conveyed for a negotiated value to the successful Offeror who proposes conditions for a development which furthers the goals of the Vision 2001-2020 Comprehensive Plan and will most advantageously expand the tax base of Roanoke through economic development and increased supply of market-rate housing. The other terms and conditions of such contract will be subject to negotiation and agreement between the City and the successful Offeror. Proposals, to be considered and evaluated, must be sealed and received on or before 2:00 p.m. on August 31, 2006, in the Purchasing Division, City of Roanoke, Noel C. Taylor Municipal Building, 215 Church Ave., SW, Room 353, Roanoke, VA 24011. Proposals appropriately received will be opened at this time. Proposals received after 2:00 p.m. will not be accepted or considered. The time of receipt shall be determined by the time clock stamp in the Purchasing Office, or if it is not working, such time shall be determined by the Purchasing official who is to open the proposals. Faxed or e-mailed proposals are not acceptable. Each proposal, one (1) original and seven (7) unbound copies, must be appropriately signed by an authorized representative of the Offeror, and must be submitted in a sealed envelope or package. The notation "Acquisition and! Master Development of the April, 2006 Rev 4 Countryside Property, RFP No. 06-06-04A "and the specified opening time and date must be clearly marked on the front of that sealed envelope or package. The City of Roanoke, Virginia, and its officers, employees or agents will not be responsible for the opening of a proposal envelope or package prior to the scheduled opening if that envelope or package is not appropriately sealed and marked as specified. The City of Roanoke, Virginia reserves the right to cancel this RFP and/or reject any or all proposals, to waive informalities in any proposal, to award any whole or part of a proposal, and to award to the Offeror whose proposal is, at the sole discretion of the City of Roanoke, determined to be in the best interest of the City. Project evaluation and award will be accomplished in accordance with this RFP and Sections 23.2-1, et sea., of the Code of the City of Roanoke, Virginia, including the price or value of the benefits offered the City in the proposal. If an award of a contract is made, notification of such award will be posted for public review in the lobby on the second floor of the Noel C. Taylor Municjpal Building, 215 Church Ave., SW, Roanoke, VA 24011. No proposal may be withdrawn for a period of sixty (60) days after the opening of the proposal unless the proposal is the subject of a clerical error as defined in Section 2.2-4330 (A) of the Code of Virginia. The submitter of the proposal must give the City a notice of the request to withdraw within two (2) business days after the conclusion of the opening of the proposals, as set forth in Section 2.2-4330 (A) (i). Inquires regarding this RFP should be directed to Mr. Chris Chittum, Planning Administrator at (540) 853-2356. Inquires for information regarding procurement procedures and/or proposal submission shall be directed to Ms. Sharon Gentry, Purchasing Manager at (540) 853-2871. This RFP consists of this Introduction, nine numbered sections, and the attachments hereto. If you download this RFP from the City website and intend to submit a proposal, you must notify Purchasing that you should be added to the list of entities having received a copy of the RFP and want to receive any addenda issued. The City is not responsible for any RFP obtained from any source other than the City, and may not accept proposals from those who download this RFP and fail to notify the City of their intent to submit a proposal. Contact Purchasing by phone at 540.853.2871, by fax at 540.853.1513, or by email at purchasing@roanokeva.gov. Respectfully, Sharon T. Gentry C.P.M., VCO, CPPS Purchasing Manager Date: July 17, 2006 April, 2006 Rev 5 City of Roanoke, Virginia Request for Proposal No. 06-06-04A ACQUISITION AND MASTER DEVELOPMENT OF THE COUNTRYSIDE PROPERTY SECTION 1. PURPOSE. The purpose of this Request for Proposal (RFP) is to identify a successful Offeror, who will be called a Master Developer, to acquire from the City of Roanoke, Virginia ("City") and develop a new mixed-use neighborhood on properties located along Cove Road, NW (the "site" or "property"). The site is 123 acres, more or less, located four miles northwest of downtown Roanoke generally situated between Cove Road, Peters Creek Road, 1-581, and Hershberger Road, and is sometimes referred to as the Countryside Property. The City of Roanoke invites any qualified Offeror to respond to this RFP by submitting a proposal for Acquisition and Master Development of the Countryside Property consistent with the terms and conditions herein set forth. Final scope of services will be negotiated with the successful Offeror. SECTION 2. BACKGROUND. The City purchased the property on November 10, 2005 for $4.1 million. It is the intent of the City to identify a successful Offeror, who would then acquire the property, or portions thereof, from the City at a negotiated value subject to the such Offeror agreeing to certain terms and conditions for the development of the site, which will expand Roanoke's tax base most advantageously through economic development and increased supply of market-rate housing. The successful Offeror will be required to enter into a contract with the City that will set forth the terms and conditions of such conveyance. The terms and conditions of such contract will be subject to negotiation and agreement between the City and the successful Offeror. Preliminary analysis of the site reveals that the property is ideal for the development of a new neighborhood where a wide spectrum of residential and business development are integrated. The City of Roanoke requires this project to reflect the highest level of excellence in urban design in terms of the land use mix, layout, and construction methods. The property consists of 15 parcels of land comprising 140 acres, more or less, and the current use is as an 18-hole golf course. The site is bisected by airport-owned properties reserved as an approach zone. Federal Aviation Administration requirements have led to the need for the Roanoke Regional Airport Commission to propose to expand the approach zone to the north and south. This proposed expansion would reduce the total acreage of April, 2006 Rev 6 the site by approximately 17 acres. However, four nearby parcels (approximately 16.2 acres) are proposed to be conveyed by the Airport Commission to the City of Roanoke. The revised land area is depicted on Attachment A. Multiple public streets provide access to and through the property. The site is situated within a framework of arterial streets, with potential for multiple access points to these major streets. The site is in close proximity to two interstate interchanges and has easy access to a major regional shopping center. A high school and middle school are within walking distance. Topography is rolling with elevation ranging from 1,020 feet to 1,160 feet. Most of the property is the range of 1,020 to 1,040 feet. Several small streams and ponds are located along the eastern edge. The site has existing structures associated with the current golf club function, including a club house, swimming pool, a maintenance building (old barn & silo), and indoor tennis facility. The structures may be either removed or integrated into the development. The site has access to full range of public utilities, including multiple points for linking to fiber optic service. The City of Roanoke, as the owner, will cooperate with the successful Offeror to seek appropriate zoning for the property prior to the transfer of the property to the successful Offeror. Surrounding land uses are primarily a mix of single-family, townhouse, and multifamily residential. A high school campus and light industrial and commercial uses are located along the southeastern borders of the site. The regional airport is located to the northeast. Because of its proximity to the regional airport, a portion of the site is impacted by the airport noise contours. The City desires a development that responds appropriately and creatively to all of these considerations. SECTION 3. INSTRUCTIONS TO OFFERORS. A. Proposals must be submitted in accordance with the instructions and requirements contained in this RFP, including the Introduction. Failure to do so may result in the proposal being considered non-responsive and it may be rejected. An Offeror must promptly notify the Purchasing Division of any ambiguity, inconsistency, or error which may be discovered upon examination of the RFP. An Offeror requiring clarification or interpretation of this RFP should contact the Purchasing Manager at (540) 853-2871. B. Prospective Offerors, sometimes referred to as providers, operators, contractors, consultants, or vendors, are to address the criteria below at a minimum as part of their submitted proposal. Each proposal should include a transmittal letter and management overview of the proposal. Proposals are to include and may be evaluated on the following factors, together with such other factors as will protect and preserve the interests of the City of Roanoke, which may also be considered. 1. Concept Plan. April, 2006 Rev 7 A drawing that illustrates the overall development strategy. At a minimum, the concept plan must contain the following information: a. General land uses for each portion of the property. b. General layout of streets. c. Typical street sections, including amenities such as street lighting, trees, and sidewalks. d. General location of public spaces and/or public facilities. e. General strategy for managing stormwater (quantity and quality). 2. Narrative Description. A Narrative Description of the development concept shall be included. At a minimum, the Narrative Description shall contain the following: a. General approach and principles used to develop the concept plan. b. How the concept plan responds to site opportunities and challenges. c. Proposed resource and energy conservation strategies. d. General financing strategy. 3. Experience in providing the services and/or items requested by this RFP. Descriptions of experience in real estate development projects of similar scale and nature that would demonstrate the Offeror's ability, capacity, and skill to successfully acquire, plan, and develop the property. 4. Organizational structure of firm and qualifications of management personnel. Prospective Offerors should submit at a minimum the length of time in the business, corporate experience, strengths in the industry, business philosophy, and a description of the organizational structure of the firm; a description of the organizational structure for the management and operation of the services requested and/or provision of the items referred to in this RFP, including an organizational chart denoting all positions and the number of personnel in each position. 5. Financial condition of the firm and ability to perform all obligations of any resultant contract. The sufficiency of the financial resources and the ability of the Offeror to comply with the duties and responsibilities described in this RFP. Each Offeror shall provide a current annual financial report and the previous year's report and a statement regarding any recent or foreseeable mergers or acquisitions. 6. Each Offeror is to state whether or not any of Offeror's owners, officers, employees, or agents, or their immediate family members, is currently, or has been in the past year, an employee of the City of. Roanoke or has any responsibility or authority with the City that might". affect the procurement transaction or any claim resulting therefrom. If so, please state the complete April, 2006 Rev 8 name and address of each such person and their connection to the City of Roanoke. Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code, as set forth in Section 4 of this RFP, apply to this RFP. 7. Price. Prospective Offerors must submit the price such Offeror proposes to pay to acquire the property, and any other benefits such Offeror may propose to provide to the City. 6. The ability, capacity, and skill of the Offeror to provide the services and/or items described in this RFP and in a prompt and timely manner without delay or interference. 7. The character, integrity, reputation, judgment, experience, efficiency and effectiveness of the Offeror. 8. The quality and timeliness of performance of previous contracts or services of the nature described in this RFP. 9. Compliance by the Offeror with laws and ordinances regarding prior contracts, purchases, or services. 10. The conditions, if any, of the proposal. 11. Marketing and effectiveness of the firm. Prospective Offerors should submit, at a minimUm, a description of the marketing approach and promotions they intend to pursue to maximize sales of individual properties created by the development of the Countryside property. Provide examples of any promotions or promotional materials. C. Each Offeror should provide the names, addresses, and telephone numbers of at least three (3) references in connection with supplying the services or items requested in this RFP, especially from other local government operations similar to those being requested in this RFP by the City. Each reference should include organizational name, official address, contact person, title of contract, and any hardware or software elements in use, number of years in use and phone number. D. Not used E. Responses to this RFP must be in the prescribed format. F. The City may request additional information, clarification, or presentations from any of the Offerors after review of the proposals received. G. The City has the right to use any or all ideas presented in reply to this RFP, subject only to the limitations regarding proprietary/confidential data of Offeror. H. The City is not liable for any costs incurred by any Offeror in connection with this RFP or any response by any Offeror to this RFP. The expenses incurred by Offeror in the preparation, submission, and presentation of the proposal are the sole responsibility of the Offeror and may not be charged to the City. I. Not used April, 2006 Rev 9 J. Only the City will make news releases pertaining to this RFP or the proposed award of a Contract. SECTION 4. MISCELLANEOUS. A. Ownership of Material - Ownership of all data, materials, and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court. However, the Offeror must invoke the protection of Section 2.2-4342(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must SPECIFICAllY identify the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the proposal. B. As this is a RFP, no information regarding the proposal records or the contents of responses will be released except in accordance with Section 2.2-4342 of the Code of Virginia. Once an award has been made, all proposals will be open to public inspection subject to the provisions set forth above. C. Any interpretation, correction, or change of the RFP will be made by an addendum. Interpretations, corrections or changes of this RFP made in any other manner will not be binding and Offerors must not rely upon such interpretations, corrections, or changes. The City Purchasing Division or its designee will issue Addenda. Addenda will be faxed or mailed to all who are listed as having received the RFP Package. D. No Offeror shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. E. The City may make investigations to determine the ability of the Offeror to perform or supply the services and/or items as described in this RFP. The City reserves the right to reject any proposal if the Offeror fails to satisfy the City that it is qualified to carry out the obligations of the proposed contract. F. The successful Offeror must comply with the nondiscrimination provisions of Virginia Code Section 2.2-4311, which are incorporated herein by reference. G. The successful Offeror must comply with the drug-free workplace provisions of Virginia Code Section 2.2-4312, which are incorporated herein by reference. H. It is the policy of the City of Roanoke to maximize participation by minority and women owned business enterprises in all aspects of City contracting opportunities. April, 2006 Rev 10 I. The successful Offeror shall comply with all applicable City, State, and Federal laws, codes, provisions, and regulations. J. Providers of any outside services shall be subject to the same conditions and requirements as the successful Offeror in regards to law, code, or regulation compliance. The City reserves the right of approval for any subcontract work, including costs thereof. K. Ethics in Public Contracting. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Virginia Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this RFP. L. Conflict of Interests Act. The provisions, requirements, and prohibitions as contained in Sections 2.2-3100, et sea., of the Virginia Code are applica~le to this RFP. M The procurement provisions of the Code of the City of Roanoke (1979), as amended, Sections 23.2-1, et seq., as well as the City Procurement Manual, apply to this RFP, unless specifically modified herein. The City's Procurement Manual can be reviewed at the Purchasing office. N. Insurance Requirements. Successful Offeror, and any of its subcontractors, shall, at its sole expense, obtain and maintain during the life of the resulting Contract the insurance policies and/or bon<;:ls required. Any required insurance policies and/or bonds shall be effective prior to the beginning of any work or other performance by successful Offeror, or any of its subcontractors, under any resultant Contract. The policies and coverages required are those as may be referred to in the sample contract and/or the terms and conditions attached to this RFP. SECTION 5. PROTESTS. Any Offeror who wishes to protest or object to any award made or other decisions pursuant to this RFP may do so only in accordance with the provisions of Sections 2.2-4357, 4358, 4359, 4360, 4363, and 4364 of the Code of Virginia, and only if such is provided for in such Code section. SECTION 6. SERVICES AND/OR ITEMS REQUIRED. The following are the services and/or items that the successful Offeror will be required to provide to the City and should be addressed in each Offeror's proposal. A. Provide a Concept Plan for the development of the property. The Concept Plan is a drawing which is general in nature that illustrates the overall development strategy. At a minimum, the plan must contain the following information: 1. General land uses for each portion of the property. 2. General layout of streets. 3. Typical street sections, including amenities such as street lighting, trees, and sidewalks. 4. General location of public spaces and/or public facilities. April, 2006 Rev 11 5. General strategy for managing stormwater (quantity and quality). B. Provide a Narrative Description of the proposed development plan, with the following information: 1. General approach and principles used to develop the concept plan. 2. How the concept plan responds to site opportunities and challenges. 3. Proposed resource and energy conservation strategies. 4. General financing strategy. 5. Proposed general schedule of development. In developing the Concept Plan and Narrative Description, the Offeror should propose a development which demonstrates new and creative designs that are not currently being widely-implemented in the Roanoke Valley. The City intends to allow for flexibility in the development of the project, provided that it is substantially consistent with the Development Principles enumerated in' Section 7 below, which are incorporated herein by reference. Once selected, the successful Offeror will develop a specific development plan for the property as a prerequisite to initiating a rezoning of the property and subsequent negotiation of the land Acquisition and Development Contract. Each Offeror should carefully read and review all items in this RFP and should address them in its proposal. However, the final description of the services and/or items to be provided to the City under this RFP is subject to negotiations with the successful Offeror, and final approval by the City. SECTION 7. EVALUATION CRITERIA. Offerors will be evaluated for selection on the basis of those most qualified to meet the requirements of this RFP. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to the items referred to above and those set forth below: A. Quality of the Concept Plan and Narrative Description as they communicate an overall urban design approach and potential benefit to the City, and the extent to which it implements the following Development Principles: 1. Financial. (a) The project must be financially feasible without investment of any public funds. Markets for the products of development must be identified. (b) To encourage an overall balance in the City's real estate values, the project must result in property values for land and improvements that exceed regional averages. 2. land use. (a) The project will develop an appropriate mix of land uses for the site and its context. April, 2006 Rev 12 (b) Relationship and response to surrounding land uses and response to site challenges (Le., airport). (c) The project will use land efficiently. 3. Environmental. (a) The project will incorporate stormwater best management practices (BMPs) to address runoff volume and quality (b) Neighborhood and building design will promote resource and energy conservation, incorporating green building and Leadership in Energy and Environmental Design (LEED) techniques. (c) The development should be a net contributor to meeting the City's overall tree canopy goals. 4. Transportation. (a) The transportation system will be designed to promote high levels of mobility and safety, and will be designed to add maximum value to adjoining properties. (b) Streets will be sized appropriately and create an interconnected street system. The developer must examine and identify (quantify) all impacts of the proposed development on the existing street system. (c) The neighborhood will stress a multimodal transportation network that minimizes the number and length of automobile trips. 5. Public spaces. (a) The development will incorporate meaningful public spaces such as public squares, gathering places, recreational opportunities, and natural areas. (b) The development will provide high-quality public infrastructure such as lighting, streets, street trees, sidewalks, gateways, etc.. 6. Architectural standards. (a) The development will provide for architectural standards that, at once, . will both unify the development and provide for diversity and interest. (b) Standards of architecture will be presented in graphic form. 7. Resource and energy conservation. (a) The layout and design of the development will demonstrate the implementation of resource and energy conservation measures. (b) . Likewise, building design and construction will model the implementation of resource and energy conservation measures. The development principles above are not all-inclusive, nor are they in any order of importance. April, 2006 Rev 13 B. The background and experience of the Offeror in successful development projects of a similar nature and scale. C. Reasonableness/competitiveness of proposed price for the sale of the property and/or benefits to the City, although the City is not bound to select the Offeror who proposes the highest purchase price or most benefits for services. The City reserves the right to negotiate a price for the sale of the property and/or benefits to the City with the selected Offeror(s). D. The Offeror's responsiveness and compliance with the RFP requirements and . conditions. E. Determination that the selected Offeror has no contractual relationships which would result in a conflict of interest with the City's contract. F. The Offeror's ability, capacity, and skill to fully and satisfactorily provide the services and/or items required in this RFP. G. The quality of Offeror's performance in cQmparable and/or similar projects. E. Whether the Offeror can provide the services and/or deliver the items in a prompt and timely fashion. SECTION 8. SELECTION PROCESS. A. Pursuant to Section 2.2-4301 (3)(b) of the Code of Virginia, selection shall be made of two or more Offerors, if there be that many, deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation of factors included in this RFP, including price. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the City (through the City Manager or City Manager's designee) shall select the Offeror which, in his/her opinion, has made the best proposal, and may award the contract to that Offeror. The City may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should the City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. B. All proposals submitted in response to this RFP will be reviewed by the Purchasing Division or its designee for responsiveness prior to referral to a selection committee or person. A committee consisting of City personnel and/or others and/or an appropriate individual will then evaluate all responsive proposals, conduct the negotiations, and make recommendations to the City Manager, or the City Manager's designee, as appropriate. The award of a contract, if made, will be made to the Offeror whose proposal best furthers the interest of the City, as determined by the City Manager, or the City Manager's designee. The City reserves the right to reject any and all proposals, to waive any informality or irregularity in the proposals received, and to make the award to the Offeror whose prop'osal is deemed to be in the best interest of the City. April, 2006 Rev 14 .." C. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the selection committee or person. This provides an opportunity for the Offeror to clarify or elaborate' on the proposal. This is a fact finding and explanation session only and does not include negotiation. Oral presentations are strictly at the option of the City and mayor may not be conducted. SECTION 9. INFORMATION ON CONTRACT TO BE AWARDED. Any contract awarded will contain the terms required in this RFP, unless otherwise agreed to by the parties, and such other terms and conditions as may be negotiated between the City and the successful Offeror. END April, 2006 Rev 15 Attachment A RFP No. April, 2006 Rev 16 ~